**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-8

Table of Allotments, ) RM-9788

FM Broadcast Stations. )

(Spencer and Webster, Massachusetts) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

**Adopted:** March 22, 2000 **Released:** March 31, 2000

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it the [Notice of Proposed Rule
Making]{.underline} in this proceeding, 12 FCC Rcd 3201 (2000).
Montachusett Broadcasting, Inc. ("Montachusett Broadcasting"), licensee
of Station WORC-FM, Channel 255A, Spencer, Massachusetts, filed Comments
and Reply Comments. No other comments were filed. For the reasons
discussed below, we are reallotting Channel 255A from Spencer to
Webster, Massachusetts, and are modifying the license of Station WORC-FM
to specify Webster as the community of license.

[Background]{.underline}

2\. In an earlier [Report and Order]{.underline} in MM Docket No.
98-174, we reallotted Channel 255A from Webster to Spencer, and modified
the license of Station WORC-FM to specify Spencer as the community of
license. 14 FCC Rcd 2114 (1999). Thereafter, Montachusett Broadcasting
filed this Petition for Rule Making proposing to reallot Channel 255A
back to Webster. In support of this proposal, Montachusett Broadcasting
documented its efforts to implement the earlier reallotment.
Notwithstanding those efforts, Montachusett Broadcasting stated that
there is no transmitter site available that would enable Station WORC-FM
to comply with Commission technical rules and local zoning requirements.

3\. In view of the above, we are reallotting Channel 255A from Spencer
to Webster, Massachusetts, and are modifying the Station WORC-FM license
to specify Webster as the community of license.[^1] This will enable
Station WORC-FM to continue operation. Channel 255A cannot be
implemented at Spencer. As such, we believe that this proposal to
reallot Channel 255A back to Webster complies with Section 1.420(i) of
the Commission\'s Rules and [Modification of FM and TV Authorizations to
Specify a New Community of License]{.underline} (\"[Community of
License]{.underline}\"), 4 FCC Rcd 4870 (1989); [recon]{.underline}
[granted]{.underline} [in]{.underline} [part]{.underline}, 5 FCC Rcd
7094 (1990).

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 May 16, 2000, 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:

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

Spencer, Massachusetts \-\-\-\-\--

Webster, Massachusetts 255A

5\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Montachusett
Broadcasting, Inc. for Station WORC-FM, Channel 255A, Spencer,
Massachusetts, IS MODIFIED to specify Webster, Massachusetts, as the
community of license, subject to the following conditions:

\(a\) Within 90 days of the effective date of this [Order]{.underline},
the licensee shall submit to the Commission a minor change application
for construction permit (FCC Form 301), specifying the new facility;

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with Section 73.1620 of the Rules;

\(c\) Nothing contained herein shall be construed to authorize a change
in transmitter site or avoid the necessity of filing an environmental
assessment pursuant to Section 1.1307 of the Rules.

6\. Pursuant to Section 1.1104 (1)(k) and (2)(k) of the Commission\'s
Rules, any party seeking a change in community of license of an FM or
television allotment or an upgrade of an existing FM allotment, if the
request is granted, must submit a rulemaking fee when filing its
application to implement the change in community of license and/or
upgrade. As a result of this proceeding, Montachusett Broadcasting,
Inc., licensee of Station WORC-FM, is required to submit a rulemaking
fee in addition to the fee required for the application to effect the
change in community of license.

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

8\. For further information concerning this proceeding, contact Robert
Hayne, Mass Media Bureau, (202) 418-2177.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: The reference coordinates for the Channel 255A allotment at
    Webster, Massachusetts, are 42-02-10 and 71-59-23. Subsequent to the
    earlier [Report and Order]{.underline} in MM Docket No. 98-174,
    Station WORC-FM continued to operate from this formerly licensed
    site. Station WORC-FM may continue to operate pursuant to the
    separation requirements set forth in section 73.213 (c)(1) of the
    Rules with respect to Station WPLM-FM, Channel 256B, Plymouth,
    Massachusetts, and Station WPLR, Channel 256B, New Haven,
    Connecticut.