**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 96-242         |
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| Amendment of Section 73.202(b),  | ) | RM-8940                      |
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| FM Table of Allotments,          | * | RM-9243                      |
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| (Cheyenne, Wyoming and Grover,   | ) |                              |
| Colorado)                        | * |                              |
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**REPORT AND ORDER (Proceeding Terminated)**

**Adopted: April 19, 2000 Released: April 28, 2000**

Before the Chief, Allocations Branch:

1.  The Allocations Branch has before it a *Notice of Proposed Rule
    Making*[^1] issued at the request of Montgomery Broadcasting Limited
    Liability Company ("petitioner") proposing the allotment of Channel
    229A at Cheyenne, Wyoming, as the community's sixth local FM
    transmission service. Petitioner filed comments reiterating its
    intention to apply for the channel, if allotted. Magic City Media,
    Inc. ("MCM"), filed comments and a counterproposal, requesting the
    allotment of Channel 229C2 at Grover, Colorado, as the community's
    first local transmission service. Petitioner filed comments opposing
    MCM's counterproposal. Later, MCM withdrew its interest in pursuing
    the counterproposal for Channel 229C2 at Grover, Colorado.

2.  We will dismiss MCM's counterproposal and grant petitioner's
    proposal to allot Channel 229A at Cheyenne, Wyoming. Channel 229A
    can be allotted in compliance with the Commission's minimum distance
    separation requirements with a site restriction of 9.7 kilometers
    (6.0 miles) northeast to avoid a short spacing to the vacant
    allotment site for Channel 232C3, Wellington, Colorado.[^2]

3.  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 June 12, 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 Channel

    Cheyenne, Wyoming 229A, 250C1, 260A,

    264C1, 280C2,[^3] 285A, 292C3

4.  It is further ordered that the Secretary of the Commission shall
    send by Certified Mail Return Receipt Requested a copy of this
    *Order* to the following:

    Allan G. Moskowitz, A Wray Fitch III

    Kaye, Scholer, Fierman, Hays & Handler Gammon & Grange

    901 Fifteenth Street, NW 8280 Greensboro Drive, 7^th^ Floor

    Washington, DC 20005-2327 McLean, VA 22102-3807

    (Counsel for petitioner) (Counsel for MCM)

5.  IT IS FURTHER ORDERED That the petition for rule making filed by
    Montgomery Broadcasting Limited Liability Company IS GRANTED.

6.  IT IS FURTHER ORDERED That the counterproposal filed by Magic City
    Media, Inc., IS DISMISSED.

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

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Chief, Allocations Branch

    Policy and Rules Division

    Mass Media Bureau

[^1]: 11 FCC Rcd 20524 (1996).

[^2]: The coordinates for Channel 229A at Cheyenne are 41-12-39 and
    104-44-54.

[^3]: Channel 280C2 was allotted to Cheyenne, Wyoming, on April 14,
    2000. *See* *Report and Order* in MM Docket 97-106, DA 00-865 (April
    14, 2000).