**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) )

Amendment of Section 73.202(b), ) MM Docket No. 00-93

Table of Allotments, ) RM-9881

FM Broadcast Stations. )

(Lynn Haven, Florida) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

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

By the Chief, Allocations Branch:

1\. In response to a Petition for Rule Making filed by Beacon House
Communications ("Beacon"), the Commission has before it for
consideration the [Notice of Proposed Rule Making]{.underline}, 15 FCC
Rcd 9170 (2000), seeking the allotment of Channel 282A at Lynn Haven,
Florida. Beacon filed comments reiterating its intention to apply for
Channel 282A at Lynn Haven. No other comments were received in response
to the [Notice]{.underline}.

2\. The [Notice]{.underline} was issued in response to Beacon's proposal
to provide a first local broadcast service to the community of Lynn
Haven, Florida. Due to the closeness of the proposed site for Channel
282A to the local airport, Beacon was requested to provide additional
information concerning site availability with regard to the Panama City
Airport. Beacon provided a technical exhibit demonstrating that an
existing broadcast tower can be used as the transmitting site for
Channel 282A at Lynn Haven. Beacon states that from this site, Channel
282A can be allotted to Lynn Haven in full compliance with the
Commission's spacing requirements while providing city grade service to
the residents of Lynn Haven.[^1]

3\. We believe the public interest would be served by the allotment of
an FM channel at Lynn Haven, Florida, providing the community with its
first local broadcast service. We further believe that Beacon has
provided sufficient information to conclude that a site exists to
accommodate the allotment at Lynn Haven with respect to the Panama City
Airport. Channel 282A can be allotted to Lynn Haven, Florida, in
compliance with the Commission\'s spacing requirements with a site
restriction 8.3 kilometers (5.2 miles) southwest of the community.[^2]
As stated in the [Notice]{.underline}, Lynn Haven is located within the
Urbanized Area of Panama City and the 70 dBu contour of Channel 282A at
the proposed site will cover the community of Lynn Haven and the Panama
City Corporate Limits.[^3]

4\. 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 for
the community listed below, as follows:

Community Channel Number

Lynn Haven, Florida 282A

5\. A filing window for Channel 282A, Lynn Haven, Florida, will not be
opened at this time. Instead, the issue of opening a filing window for
the channel will be addressed by the Commission in a subsequent order.

6\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

7\. For further information concerning this proceeding, contact Kathleen
Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the
application filing process for Channel 282A at Lynn Haven, Florida,
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]: Beacon stated that it has obtained verbal assurance from the owner
    of the tower for placement of its antenna should it ultimately be
    granted a construction permit for Channel 282A.

[^2]: ^?^ The coordinates for Channel 282A at Lynn Haven are 30-11-20 NL
    and 85-42-20 WL.

[^3]: ^?^ Beacon provided information to demonstrate that Lynn Haven is
    independent of the Panama City Urbanized Area pursuant to the
    criteria set forth in [Faye and Richard Tuck]{.underline}
    [("Tuck")]{.underline}, 3 FCC Rcd 5374 (1988). Beacon provided the
    following information: Lynn Haven is an incorporated town, has its
    own elected government comprised of a mayor and four commissioners,
    has its own fire and police departments, and provides water, garbage
    and sewer service to the residents of Lynn Haven. Lynn Haven has its
    own elementary school, the Mowat Middle School and Mosley High
    School. Further, many businesses and houses of worship use the
    town's name, such as: Lynn Haven Coin Laundry, Lynn Haven Child
    Care, Lynn Haven Seafood Market, Lynn Haven Florist, Lynn Haven
    Presbyterian church, Lynn Haven Methodist church and Lynn Haven
    Baptist Church. Finally, the U.S. Census Bureau has a separate town
    listing for Lynn Haven, indicating a 1990 population of 9,298
    people. Commission research also found that Lynn Haven was chartered
    in 1913 with an area of 8.48 square miles, has its own post office
    and zip code (32444), medical facilities, Lynn Haven Library and a
    city recreation Department.