**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 98-88          |
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| Amendment of Section 73.202(b),  | ) | RM-9285                      |
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| FM Table of Allotments,          | * | RM-9654                      |
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| FM Broadcast Stations.           | * |                              |
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| (Wright and Clearmont,           | ) |                              |
| Wyoming)[^1]                     | * |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: July 26, 2000; Released: August 4, 2000**

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it a *Notice of Proposed Rule
Making,* 13 FCC Rcd 11947 (1998), issued at the request of Mountain
Tower Broadcasting ("petitioner"), proposing the allotment of Channels
268C at Wright, Wyoming, as the community's first local aural
transmission service (RM-9285). Petitioner filed comments in support of
the proposal reaffirming its intention to apply for the channel, if
allotted. Comments and a counterproposal were filed by Mount Rushmore
Broadcasting, Inc. ("Mount Rushmore") proposing the allotment of Channel
268A at Wright and Clearmont, Wyoming, as each community's first local
aural transmission service (RM-9654).[^2] Reply comments were filed by
Bethesda Christian Broadcasting, Inc. ("Bethesda"), licensee of Station
KLMP(FM), Channel 250C1, Rapid City, South Dakota.[^3]

2\. As stated in the [Notice]{.underline}, petitioner states that Wright
is located in Campbell County (population 29,370)[^4] and has a
population of 1,236 persons. Petitioner further states that the
allotment would provide Wright with an outlet for local self-expression.
Health and safety for the community be increased due to having a local
communication outlet for warning the community of emergency conditions
caused by severe weather or other health hazards. Moreover, Mount
Rushmore states Wright is an incorporated community and has its own
mayor, town council, chamber of commerce, and town hall. Wright also as
two schools, a public library, a bank, a motel, six churches, three
restaurants, a bowling alley, a golf course, several social and civic
organizations, and approximately 20 other businesses.

3\. In support of its Clearmont allotment, Mount Rushmore states that
Clearmont is an incorporated in a rural area and has a population of 119
persons. Clearmont is governed by an elected mayor and four council
members. It has its own town hall, post office, and a zip code. The
community also has a school, a church, a public library, as well as a
restaurant and bar, a grocery store, and two social organizations. Mount
Rushmore states its intention to apply for both Class A channels at
Wright and Clearmont, if allotted.

4\. As an initial matter, we find that both Wright and Clearmont are
"communities" for allotment purposes. As such, each community is
deserving of a first local aural transmission service triggering
priority (3). Generally, conflicting proposals are considered on a
comparative basis consistent with the FM allotment priorities set forth
in [Revision of FM Assignment Policies and Procedures]{.underline}, 90
FCC 2d 88 (1982).[^5] However, our staff has found alternate Class A
channels for both Wright and Clearmont and a comparison is no longer
necessary. Therefore, we find that the public interest would best be
served by allotting Channels 268C and 287A at Wright, Wyoming, as the
community's first and second local aural transmission services.
Additionally, we allot Channel 287A at Clearmont, Wyoming, as the
community's first local aural transmission service.

[Technical Summary]{.underline}

5\. An engineering analysis has determined that Channel 268C can be
allotted to Wright in compliance with the Commission's minimum distance
separation requirements without the imposition of a site
restriction;[^6] and Channel 287A also can be allotted to Wright at city
reference coordinates.[^7]

Additionally, Channel 287A can be allotted to Clearmont in compliance
with the Commission's minimum distance separation requirements at city
reference coordinates.[^8]

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 September 18, 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:

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

Wright, Wyoming 268C, 287A

Clearmont, Wyoming 287A

7\. Filing windows for Channels 268C and 287A at Wright, Wyoming, and
Channel 287A at Clearmont, will not be opened at this time. Instead, the
issue of opening filing windows for these 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 this proceeding, contact Sharon
P. McDonald, 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 Clearmont, Wyoming, has been added to the
    caption.

[^2]: The counterproposal was placed on Public Notice on June 9, 1999
    (Report No. 2336), RM-9654.

    Mount Rushmore also includes a proposal to institute a proceeding to
    reevaluate the Commission's FM allotment priorities, claiming that
    the current allotment scheme discriminates against minorities. Such
    a proposal is not appropriately filed in an adjudicatory proceeding
    such as this and will not be considered further. Mount Rushmore's
    alternative proposal to allot Channel 268A at Wright and Clearmont,
    Wyoming will be considered.

[^3]: In its reply comments, Bethesda proposes the substitution of
    Channel 250C for Channel 250C1 at Rapid City, South Dakota. To
    accommodate the upgrade, Bethesda also proposes the substitution of
    Channel 287A for Channel 249A at Gillette, Wyoming, and the
    substitution of Channel 258A for proposed Channel 268A at Wright,
    Wyoming. A counterproposal is a proposal for an alternative and
    mutually exclusive allotment or set of allotments in the context of
    the proceeding in which the proposal is made. [See]{.underline}
    [e.g., Implementation of BC Docket No. 80-90 to Increase the
    Availability of FM Broadcast Assignments]{.underline}, 5 FCC Rcd 931
    (1990). Specifically, the proposed upgrade to Channel 250C at Rapid
    City is not mutually exclusive to the proposed allotment of Channel
    268C at Wright, Wyoming, albeit Bethesda proposes the allotment of
    Channel 258A in lieu of Channel 268A requested in Mount Rushmore's
    counterproposal. Moreover, if the proposal was deemed to be a
    counterproposal, as stated in the [Notice]{.underline},
    counterproposals are to be advanced in initial comments, so that
    parties may comment on them in reply comments. They will not be
    considered if advanced in reply comments. [See]{.underline} 1.420(d)
    of the Commission's Rules. Accordingly, Bethesda's proposal will not
    be considered in the context of this proceeding.

[^4]: All population figures are taken from the 1990 U.S. Census.

[^5]: The FM allotment priorities are: (1) First full-time aural
    service; (2) Second full-time aural service; (3) First local
    service, and (4) other public interest matters. \[Co-equal weight is
    given to priorities (2) and (3).\]

[^6]: The coordinates for Channel 268C at Wright are 43-45-02 North
    Latitude and 105-29-53 West Longitude.

    We note that these reference coordinates are different from those
    proposed in the [Notice]{.underline} since a construction permit was
    issued for Station KDNO(FM), Channel 269C1, Thermopolis, Wyoming, at
    reference coordinates 43-27-33 NL and 108-11-56 WL, eliminating the
    need for the site restriction required for the original reference
    coordinates for Channel 268C at Wright, Wyoming.

[^7]: The coordinates for Channel 287A at Wright are 43-44-49 North
    Latitude and 105-28-12 West Longitude.

[^8]: The coordinates for Channel 287A at Clearmont are 44-38-18 North
    Latitude and 106-22-48 West Longitude.