**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Pentwater, Michigan) ) MM Docket No. 00-141

) RM-9930

)

(Hawthorne, Nevada) ) MM Docket No. 00-142

) RM-9923

)

(Ludington, Michigan) ) MM Docket No. 00-143

) RM-9931

)

(Groveton, New Hampshire) ) MM Docket No. 00-144

) RM-9925

)

(Marceline, Missouri) ) MM Docket No. 00-153

) RM-9936

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

**(Proceeding Terminated)**

**Adopted: January 3, 2001 Released: January 12, 2001**

By the Chief, Allocations Branch:

1\. The Commission has before it five [Notices of Proposed Rule
Making]{.underline} (\"[NPRMs]{.underline}\"), specified below, setting
forth separate proposals to allot channels to specific communities.
Although these [NPRMs]{.underline} were issued separately and the
proposals are not mutually exclusive with each other, we are
consolidating them in this [Report and Order]{.underline} as part of our
effort to expedite and make more efficient the FM allotment rule making
process because these proceedings are uncontested. While consolidated,
these dockets are still separate for finality purposes. In the event a
reconsideration petition is directed to an action in a particular
docket, a separate [Memorandum Opinion and Order]{.underline} will
resolve that reconsideration petition.

2\. Each petitioner submitted comments reiterating its intention to
apply for the proposed channel, if allotted. Each proposal complies with
all Commission technical requirements, and we continue to believe that
each proposal would serve the public interest. Accordingly, we adopt
each proposal as originally proposed. These are as follows:

**A. [MM Docket No. 00-141, RM-9930, 15 FCC Rcd 14975
(2000)]{.underline}**

**Action:** At the request of Garry Zack, Channel 280A is allotted to
Pentwater, Michigan, as the community\'s third local FM service.[^1]

**Coordinates**: 43-46-30 NL; 86-26-24 WL.

**Additional Information:** Channel 280A can be allotted to Pentwater in
compliance with the Commission\'s minimum distance separation
requirements without the imposition of a site restriction. Pentwater is
located within 320 kilometers (199 miles) of the U.S.-Canadian border.
Canadian concurrence in the allotment has been requested but has not yet
been received. However, rather than delay any further the opportunity to
file applications for this channel, we will allot Channel 280A to
Pentwater at this time. If a construction permit is granted prior to the
receipt of formal concurrence in the allotment by the Canadian
Government, the construction permit will be conditioned as follows:
\"Operation with the facilities specified herein is subject to
modification, suspension, or termination without right to hearing, if
found by the Commission to be necessary in order to conform to the
Canada-USA FM Broadcast Agreement or if specifically objected to by
Industry Canada.\"

**FCC Contact:** Leslie K. Shapiro, (202) 418-2180.

**B. [MM Docket No. 00-142, RM-9923; 15 FCC Rcd 14985
(2000)]{.underline}**

**Action**: At the request of Campbell River Broadcasting, LLC, Channel
254C1 is allotted to Hawthorne, Nevada, as the community\'s first local
FM service.

**Coordinates:** 38-31-29 NL; 118-37-25 WL

**Additional Information**: Channel 254C1 can be allotted to Hawthorne
in compliance with the Commission\'s minimum distance separation
requirements without the imposition of a site restriction. On the
Commission\'s own motion, this action also deletes unoccupied and
unapplied-for Channel 228A at Hawthorne since no interest in its use was
expressed in response to the [Notice of Proposed Rule
Making]{.underline} in this proceeding.

**FCC Contact:** Leslie K. Shapiro, (202) 418-2180.

**C. [MM Docket No. 00-143, RM-9931; 15 FCC Rcd 14980 (2000)
]{.underline}**

**Action:** At the request of Garry Zack, Channel 242A is allotted to
Ludington, MI, as the community\'s second local commercial FM service.

**Coordinates**: 43-54-15 NL; 86-26-10 WL.

**Additional Information:** Channel 242A can be allotted to Ludington
with a site restriction of 5.5 kilometers (3.4 miles) south to avoid a
short-spacing to Station WLXT, Channel 242C1, Petoskey, Michigan.
Ludington is located within 320 kilometers (199 miles) of the
U.S.-Canadian border. Canadian concurrence in the allotment has been
requested but has not yet been received. However, rather than delay any
further the opportunity to file applications for this channel, we will
allot Channel 242A to Ludington at this time. If a construction permit
is granted prior to the receipt of formal concurrence in the allotment
by the Canadian Government, the construction permit will be conditioned
as follows: \"Operation with the facilities specified herein is subject
to modification, suspension, or termination without right to hearing, if
found by the Commission to be necessary in order to conform to the
Canada-USA FM Broadcast Agreement or if specifically objected to by
Industry Canada.\"

**FCC Contact:** Leslie K. Shapiro, (202) 418-2180.

**D. [MM Docket No. 00-144, RM-9925; 15 FCC Rcd 14911
(2000)]{.underline}**

**Action:** At the request of Linda A. Davidson, Channel 268A is
allotted to Groveton, New Hampshire, as the community\'s second local FM
service.

**Coordinates:** 44-37-43 NL; 71-25-55 WL

**Additional Information:** Channel 268A can be allotted to Groveton
with a site restriction of 7.2 kilometers (4.4 miles) northeast to avoid
a short-spacing to Stations WYKR-FM, Channel 267A, Haverhill, and WBHG,
Channel 268A, Meredith, New Hampshire. Groveton is located within 320
kilometers (199 miles) of the U.S.-Canadian border. Canadian concurrence
in the allotment has been requested but has not yet been received.
However, rather than delay any further the opportunity to file
applications for this channel, we will allot Channel 268A to Groveton at
this time. If a construction permit is granted prior to the receipt of
formal concurrence in the allotment by the Canadian Government, the
construction permit will be conditioned as follows: \"Operation with the
facilities specified herein is subject to modification, suspension, or
termination without right to hearing, if found by the Commission to be
necessary in order to conform to the Canada-USA FM Broadcast Agreement
or if specifically objected to by Industry Canada.\"

**FCC Contact:** Leslie K. Shapiro, (202) 418-2180.

**E. [MM Docket No. 00-153, RM-9936, 15 FCC Rcd 15912
(2000)]{.underline}**

**Action:** At the request of Ronald G. Filbeck and Clyde John
Holdsworth d/b/a RC Broadcasting Company, Channel 256A is allotted to
Marceline, Missouri, as the community\'s first local aural service.

**Coordinates:** 39-44-42 NL; 92-52-33 WL.

**Additional Information:** Channel 256A is allotted to Marceline with a
site restriction of 7.2 kilometers (4.5 miles) northeast to avoid a
short-spacing to Station KQRC-FM, Channel 255C, Leavenworth, Kansas.

**FCC Contact:** Leslie K. Shapiro, (202) 418-2180.

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 February 26, 2001, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

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

Ludington, Michigan 242A, 292A

Pentwater, Michigan 231C3, 274A, 280A

Marceline, Missouri 256A

Hawthorne, Nevada 254C1

Groveton, New Hampshire 229A, 268A

4\. The filing window for these allotments will not be opened at this
time. Instead, the issue of opening a filing window for these allotments
will be addressed by the Commission in a subsequent order.

5\. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE
TERMINATED.

6\. For further information concerning a specific docket, contact Leslie
K. Shapiro, Mass Media Bureau, (202) 418-2189. Questions relating 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]: Comments and a counterproposal were filed by David C. Schaberg
    requesting the allotment of Channel 280A to Barryton, Michigan, as
    its first local aural service. However, a staff engineering review
    of the proposal shows that Channel 280A cannot be allotted to
    Barryton in compliance with the Commission\'s minimum distance
    separation requirements. Rather, the allotment would be short-spaced
    to Channel 279A at Hubbardston, Michigan. [See]{.underline}, [Report
    and Order]{.underline}, MM Docket 99-80, 14 FCC Rcd 15957 (1999).
    Therefore, the counterproposal has not been accepted for
    consideration herein and will be dismissed.