**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 98-85          |
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| Amendment of Section 73.202(b),  | ) | RM-9286                      |
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| FM Table of Allotments,          | * | RM-9359                      |
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| Meeteetse and Cody, Wyoming[^1]  | ) |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: August 9, 2000 Released: August 18, 2000**

By the Chief, Allocations Branch:

1.  The Allocations Branch has before it a *Notice of Proposed Rule
    Making,* 13 FCC Rcd 11937 (1998), issued at the request of Windy
    Valley Broadcasting, requesting the allotment of Channel 273C at
    Meeteetse, Wyoming, as the community's first local aural
    transmission service. L. Topaz Enterprises, Inc. ("Topaz"), filed
    comments and a counterproposal requesting the allotment of Channel
    273C3 at Cody, Wyoming, as the community's fourth local aural
    transmission service. Petitioner filed comments reiterating its
    intention to file for the channel, if allotted.

2.  In support of its proposal, petitioner states that the community of
    Meeteetse, with a 1990 U.S. Census population of 368 persons, is
    located in Park County, population 23,178 persons, in northwestern
    Wyoming. It states that the allotment will provide the community
    with an outlet for local self expression and will increase the
    health and safety of the community by having a local communication
    outlet to warn the community of emergency conditions such as severe
    weather or other health hazards. As further support of its community
    status, we note that Meeteetse also has a zip code, post office,
    city hall, police and fire departments, a U.S. Forest Service
    station, and Sheriff's office. It also has schools, a library,
    museum, recreation district, a bank, medical clinic, veterinary
    clinic, motels, restaurants and numerous other businesses.

3.  In support of its proposal, Topaz states that the community of Cody
    is an incorporated community with a 1990 U.S. Census population of
    7,897 persons, and is also located in Park County. Stations KTAG(FM)
    and KODI(AM), as well as noncommercial educational station KYDZ(FM)
    are already licensed to Cody.

4.  We find that Meeteetse is a community for allotment purposes and
    that Cody has already been established as a community for allotment
    purposes. As such, both communities are deserving of allotments. A
    Commission engineering analysis shows that Channel 273C is available
    at Meeteetse and Channel 244C3 is available for allotment at Cody.
    Therefore, since interest has been expressed in channels at these
    communities, we will allot both channels and avoid any comparison of
    the proposals. Thus, Channel 273C will be allotted at Meeteetse and
    Channel 244C3 will be allotted at Cody.

5.  Channel 273C can be allotted at Meeteetse[^2] and Channel 244C3 can
    be allotted at Cody[^3] consistent with the minimum distance
    separation requirements of Section 73.207(b) and the principal
    community coverage requirements of Section 73.315(a) of the
    Commission's Rules without site restrictions.

6.  Accordingly, pursuant to the authority contained in Sections 4(i),
    5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of
    1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the
    Commission\'s Rules, IT IS ORDERED, That effective October 2, 2000,
    the FM Table of Allotments, Section 73.202(b) of the Commission\'s
    Rules, IS AMENDED with respect to the communities listed below, as
    follows:

    [City]{.underline} [Channel]{.underline}

    Meeteetse, Wyoming 273C

    Cody, Wyoming 250C, 244C3

7.  Filing windows for Channel 273C at Meeteetse and 244C3 at Cody,
    Wyoming, will not be opened at this time. Instead, the issue of
    opening filing windows for those channels will be addressed by the
    Commission in a subsequent *Order.*

8.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9.  For further information concerning the above, contact Victoria
    McCauley, Mass Media Bureau (202) 418-2180. Questions related to the
    application filing process should be addressed to the Audio Services
    Division, Mass Media Bureau (202) 418-2700.

> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]: The community of Cody, Wyoming, has been added to the caption.

[^2]: The coordinates for Channel 273C at Meeteetse, Wyoming, are
    44-09-24 and 108-52-24.

[^3]: The coordinates for Channel 244C3 at Cody, Wyoming, are 44-31-36
    and 109-03-18.