**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-190

Table of Allotments, ) RM-9631

FM Broadcast Stations. ) RM-9689

(Colony and Weatherford, Oklahoma)[^1] )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

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

By the Chief, Allocations Branch:

1\. At the request of Suelou, Inc. (\"Suelou\"), the Commission has
before it the [Notice of Proposed Rule Making]{.underline}, 14 FCC Rcd
8243 (1999), proposing the allotment of Channel 286A to Colony,
Oklahoma, as its first local aural service. Prior to the close of the
comment period, a petition for rule making was filed by Fred R. Morton,
Jr. (\"Morton\") proposing the allotment of Channel 286A to Weatherford,
Oklahoma,[^2] as its second local commercial FM service.[^3] The Colony
and Weatherford proposals are mutually exclusive as the communities are
located approximately 20 kilometers apart while the Commission\'s Rules
specify a minimum distance of 115 kilometers between co-channel Class A
allotments. Morton states that he will apply for the channel, if
allotted. No other comments or reply comments were received.

2\. The [Notice]{.underline} recognized that Colony is incorporated and
listed in the U.S. Census, thus meeting the basic criteria for community
status. However, with a population of only 163 people, we requested that
Suelou provide additional information sufficient to demonstrate that
Colony is a community for allotment purposes, noting that such a small
population grouping may be devoid of the customary factors associated
with determining community status. Neither Suelou nor any other party
filed comments expressing a continuing interest in applying for the
channel or providing the requested community data. Therefore, in
accordance with Commission policy which requires a statement of
continuing interest before a channel will be allotted, we will dismiss
Suelou\'s proposal to allot Channel 286A to Colony, Oklahoma.

3\. We believe the public interest would be served by allotting Channel
286A to Weatherford, Oklahoma, since an interest has been expressed in
providing the community with its second local FM service. Channel 286A
can be allotted to Weatherford in compliance with the Commission\'s
minimum distance separation requirements with a site restriction of 3.2
kilometers (2.0 miles) northwest.[^4]

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 April 3, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the community listed below, to read as follows:

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

Weatherford, Oklahoma 247C1, 286A

5\. A filing window for Channel 286A at Weatherford will not be opened
at this time. Instead, the issue of opening a filing window for this
channel will be addressed by the Commission in a subsequent order.

6\. IT IS FURTHER ORDERED, That the petition for rule making filed by
Suelou, Inc., to allot Channel 286A to Colony, Oklahoma (RM-9631), IS
DISMISSED.

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

8\. For further information concerning this proceeding, contact
Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: The community of Weatherford has been added to the caption.

[^2]: Weatherford, Oklahoma, has a 1990 U.S. Census population of 10,124
    persons.

[^3]: On our own motion, the petition was accepted as a counterproposal
    herein. Public Notice of the filing of the Morton proposal was given
    on July 19, 1999, Rept. No. 2345.

[^4]: The coordinates for Channel 286A at Weatherford, OK, are 35-33-02
    NL; 98-43-59 WL.