**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

)

(Jenner, California) ) MM Docket No. 00-33

) RM-9816 )

(Culver, Indiana) ) MM Docket No. 00-34

) RM-9817

)

(Lake Isabella, California) ) MM Docket No. 00-35 ) RM-9818

)

(Olpe, Kansas) ) MM Docket No. 00-71

) RM-9852

)

(Covelo, California) ) MM Docket No. 00-72

) RM-9853

)

(Sterling, Colorado) ) MM Docket No. 00-74

) RM-9862

)

(Kahului, Hawaii) ) MM Docket No. 00-75

) RM-9863

# REPORT AND ORDER

# (Proceeding Terminated)

**Adopted: September 6, 2000** ; **Released: September 15, 2000**

By the Chief, Allocations Branch:

1\. The Commission has before it for consideration multiple dockets
contained in three separate [Notices of Proposed Rule
Making]{.underline} ("[NPRMs]{.underline}"), as specified below, setting
forth individual proposals to allot channels to specific communities.
The proposals set forth in the [NPRMs]{.underline} were not mutually
exclusive with each other, and those that remain so are consolidated in
this [Report and]{.underline}

[Order]{.underline} as part of our effort to expedite and make more
efficient the FM allotment rulemaking process because these proceedings
are uncontested. However, these consolidated dockets are still separate
for finality purposes. In the event a reconsideration petition is
directed to an action in a particular docket, a separate [Memorandum
Opinion and Order]{.underline} will resolve that reconsideration
petition.

2\. Each petitioner filed comments in support of its proposal,
reaffirming its intention to apply for the specified channel, if
allotted. Each proposal complies with all Commission technical
requirements, and we continue to believe that each proposal would serve
the public interest. Accordingly, we adopt each proposal, as follows:

**(1) [MM Docket No. 00-33]{.underline}**[; **RM-9816 **]{.underline}

**Action:** Brian Costello requested the allotment of Channel 292A to
Jenner, California, as that locality's first local aural transmission
service. As Jenner is not incorporated, the [Notice]{.underline} invited
comments on the attributes of Jenner for allotment purposes. In
response, petitioner provided information to satisfy our concerns, and
therefore, we are allotting Channel 292A to Jenner, California, as that
community's first local aural transmission service.

**Coordinates:** 38-30-55 NL; 123-11-45 WL

**Additional Information:** The allotment of Channel 292A to Jenner
requires a site restriction 10.1 kilometers (6.3 miles) northwest of the
community to negate a short spacing to Station KMEL(FM), Channel 291B,
San Francisco, California, at coordinates 37-41-24 NL and 122-26-13 WL.

**FCC Contact:** Nancy Joyner (202) 418-2180.

**(2) [MM Docket No. 00-34; RM-9817 ]{.underline}**

**Action:** At the request of Larko Communications, Inc., and as
supported by M & W Broadcasting, we are allotting Channel 252A to
Culver, Indiana, as that community's first local aural transmission
service.

**Coordinates:** 41-13-04 NL; 86-25-21 WL

**Additional Information:** Channel 252A can be allotted to Culver,
Indiana, without a site restriction. Additionally, as Culver is located
within 320 kilometers (199 miles) of the U.S.-Canada border, the
Commission obtained concurrence of the Canadian government to the
allotment of Channel 252A to that community.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(3) [MM Docket No. 00-35; RM-9818 ]{.underline}**

**Action:** At the request of Dana J. Puopolo,[^1] we are allotting
Channel 239A to Lake Isabella, California, as that community\'s second
local FM transmission service.

**Coordinates:** 35-35-11 NL; 118-26-34 WL

**Additional Information:** No site restriction is required for this
allotment.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(4) [MM Docket No. 00-71; RM-9852]{.underline}**

**Action:** At the request of Michael D. Law, we are allotting Channel
276A to Olpe, Kansas, a census designated place, as that community's
first local aural transmission service

**Coordinates:** 38-12-39 NL; 96-10-50 WL

**Additional Information:** The allotment of Channel 276A to Olpe,
Kansas, requires a site restriction 5.8 kilometers (3.6 miles) south of
the community to avoid a short-spacing to Station KQTP, Channel 275C2,
St. Marys, Kansas, at coordinates 39-08-42 NL; 95-55-37 WL.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(5) [MM Docket No. 00-72; RM-9853 ]{.underline}**

**Action:** At the request of Round Valley Unified School District, we
are allotting Channel 245A to Covelo, California, a census designated
place, as that community\'s first local aural transmission service.

**Coordinates:** 39-47-42 NL; 123-14-54 WL

**Additional Information:** No site restriction is required for this
allotment.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(6) [MM Docket No. 00-74; RM-9862]{.underline}**

**Action:** At the request of Ling Broadcasting, we are allotting
Channel 248C3 to Sterling, Colorado, as that community's third local FM
transmission service.

**Coordinates:** 40-37-32 NL; 103-12-25 WL

**Additional Information:** No site restriction is required for this
allotment.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

**(7) [MM Docket No. 00-75; RM-9863]{.underline}**

**Action:** At the request of New West Broadcasting,[^2] we are
allotting Channel 223C2 to Kahului, Hawaii, as that community\'s'second
local FM transmission service.

**Coordinates:** 20-50-24 NL; 156-23-14 WL

**Additional Information:** The allotment of Channel 223C2 to Kahului,
Hawaii, requires a site restriction 10.5 kilometers (6.5 miles)
southeast of the community to avoid a short spacing to Station KSSK-FM,
Channel 222C, Waipahu, Hawaii, at coordinates 21-23-49 NL; 158-05-58 WL.

**FCC Contact:** Nancy Joyner, (202) 418-2180.

3\. Accordingly, pursuant to the authority found 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 30, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

[Community]{.underline} [Channel No.]{.underline}

Jenner, California 292A

Culver, Indiana 252A

Lake Isabella, California 239A, 283A

Olpe, Kansas 276A

Covelo, California 245A

Sterling, Colorado 248C3, 284C1, 288A

Kahului, Hawaii 223C2, 260C1

4\. The window period for filing applications for these allotments will
not be opened at this time. Instead, the issue of opening a filing
window for these allotments will be addressed by the Commission in a
subsequent order.

5\. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE
TERMINATED.

6\. For further information concerning a specific docket, contact the
FCC Contact listed above for that docket. Questions related to the
window 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 petitioner's comments were late-filed, and were not
    accompanied by a request for their acceptance. Pursuant to Section
    1.415(d) of the Commission's Rules, the acceptance of comments after
    the comment cycle is not contemplated unless specifically requested
    or authorized by the Commission. While neither criteria is
    applicable here, we will accept the petitioner's comments in this
    uncontested proceeding for the purpose of allowing him to restate
    his interest in applying for the channel.

[^2]: New West Broadcasting's comments were late-filed, and were not
    accompanied by a request for their acceptance. Pursuant to Section
    1.415(d) of the Commission's Rules, the acceptance of comments after
    the comment cycle is not contemplated unless specifically requested
    or authorized by the Commission. While neither criteria is
    applicable here, we will accept New West Broadcasting's comments in
    this uncontested proceeding for the purpose of allowing the
    petitioner to restate its interest in applying for the channel.