**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 96-226[^1]

Table of Allotments, ) RM-8893

FM Broadcast Stations. )

(Sturgis, Kentucky) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: September 2, 1998; Released: September 11, 1998

By the Chief, Allocations Branch:

1\. At the request of JoeMyers Productions, Inc. (\"petitioner\"), the
Commission has before it the [Notice of Proposed Rule
Making]{.underline}, 11 FCC Rcd 20405 (1996), proposing the allotment of
Channel 289A at Sturgis, Kentucky, as the community\'s first local aural
transmission service. Petitioner filed comments in support of the
proposal reaffirming its intention to apply for the channel, if
allotted. Comments were also filed by Pinnacle Southeast, Inc.
(\"Pinnacle\"), licensee of Station WYNG(FM), Channel 287B, Evansville,
Indiana.

2\. In its comments, Pinnacle alleges that Station WYNG(FM) is a
pre-1964 grandfathered short-spaced station whose ability to modify,
improve, or relocate its existing facilities is severely hampered by the
Commission\'s current rules.[^2] Indeed, Pinnacle asserts that Station
WYNG(FM)\'s only means of upgrading its facilities and relieving its
grandfathered short-spacing situation would be to move its transmitter
away from the direction of the short-spacing. However, Pinnacle contends
that any available transmitter sites would effectively be blocked by the
allotment of Channel 289A at Sturgis. Therefore, Pinnacle suggests that
since petitioner withdrew its rulemaking proposal for the allotment of
Channel 267A at Princeton, Kentucky, in MM Docket No. 96-204, the
channel can now be allotted to Sturgis in this proceeding.[^3] Pinnacle
further contends that the allotment of Channel 267A in lieu of Channel
289A would better serve the public interest because it would permit
Station WYNG(FM) to improve or upgrade its facilities and provide
Sturgis with a first local aural service.

3\. We believe the public interest would be served by allotting Channel
267A at Sturgis, Kentucky, since it would provide the community with its
first local aural transmission service. Furthermore, the allotment of
alternate Channel 267A would permit Station WYNG(FM) to pursue its
available alternatives for upgrading or maximizing its facilities, and
petitioner has interposed no objection to the allotment of alternate
Channel 267A at Sturgis. An engineering analysis has determined that
Channel 267A can be allotted to Sturgis in compliance with the
Commission\'s minimum distance separation requirements at city reference
coordinates.[^4]

4\. 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 26, 1998, 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}

Sturgis, Kentucky 267A

5\. A filing window for Channel 267A at Sturgis, Kentucky, 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 this proceeding IS TERMINATED.

7\. For further information concerning this proceeding, contact Sharon
P. McDonald, Mass Media Bureau, (202) 418-2180. 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]: ^?^A duplicate docket number (MM Docket No. 96-220) was
    erroneously reflected on the [Notice of Proposed Rule
    Making]{.underline}. The correct docket number should be MM Docket
    No. 96-226.

[^2]: ^?^We note that the Commission issued a [Report and
    Order]{.underline} giving grandfathered short-spaced stations
    greater flexibility to improve their facilities and relocate their
    transmitter sites. [See]{.underline} [Grandfathered Short-Spaced FM
    Stations]{.underline}, 12 FCC Rcd 11840 (1997); 62 FR 50518,
    September 26, 1997.

[^3]: ^?^On November 20, 1996, petitioner withdrew its proposal to allot
    Channel 267A at Princeton, Kentucky, as the community\'s second
    local FM transmission service.

[^4]: ^?^The coordinates for Channel 267A at Sturgis are North Latitude
    37-32-54 and West Longitude

    87-59-06.