**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | MM Docket No. 98-214         |
|                                  | * |                              |
| Amendment of Section 73.202(b),  | ) | RM-9353                      |
|                                  | * |                              |
| FM Table of Allotments,          | * | RM-9568                      |
|                                  |   |                              |
| FM Broadcast Stations.           | * |                              |
|                                  | * |                              |
| (Rantoul and Gilman,             | ) |                              |
| Illinois)[^1]                    | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 4, 2000 Released: October 13, 2000**

By the Chief, Allocations Branch:

1.  The Allocations Branch has before it a *Notice of Proposed Rule
    Making,* 14 FCC Rcd 458 (1998) ("*Notice*"), issued at the request
    of L. Topaz Enterprises, Inc. ("petitioner"), proposing the
    allotment of Channel 277A to Rantoul, Illinois, as the community's
    third local FM service. In response to the *Notice*, Saga
    Communications of Illinois, Inc. ("Saga"), filed a counterproposal
    requesting the allotment of Channel 277A at Gilman, Illinois, as the
    community's first local aural transmission service.[^2] Petitioner
    filed comments in support of its proposal, and filed reply comments
    in response to the counterproposal. Saga responded to petitioner's
    reply comments in a document styled "Statement for the Record."

2.  In support of its proposal, petitioner states that Rantoul,
    Illinois, is an incorporated community with a 1990 U.S. Census
    population of 17,212. Currently, three radio stations are licensed
    to the community, one AM and two FM stations.

3.  In support of its counterproposal, Saga states that the community of
    Gilman fulfills the criteria of a community for allotment purposes
    because it is an incorporated city with a 1990 U.S. Census
    population of 1,816 persons. In addition, Gilman has its own U.S.
    Post Office, zip code, city hall and police department. It also has
    an area branch library, numerous churches and restaurants, two
    banks, medical services, drug store, nursing home, and other
    businesses.

4.  In its reply comments, petitioner suggests that as an alternative,
    Channel 240A be allotted at Gilman. Petitioner includes engineering
    data purporting to show that Channel 240A is available for
    allotment. Saga responds that if Channel 240A is allotted at Gilman
    it will not file an application for the channel. Contrary to
    petitioner's representations, a Commission engineering analysis
    shows that Channel 240A is not available for allotment at Gilman and
    therefore we will do a comparative analysis of Rantoul and Gilman,
    Illinois.

5.  We believe that Gilman has satisfied the criteria of community
    status for allotment purposes. As stated above, the allotment of
    Channel 277A at Rantoul would provide the community with its third
    FM channel and fourth local aural transmission service, and the
    allotment of Channel 277A at Gilman would provide the community with
    its first local aural transmission service. Accordingly, following
    the FM allotment priorities,[^3] Gilman would have preference.

6.  Channel 277A can be allotted at Gilman consistent with the minimum
    distance separation requirements of Section 73.207(b) and the
    principal community coverage requirements of Section 73.315(a) of
    the Commission's Rules with a site restriction of 10 kilometers (6.2
    miles) south of the community.[^4]

7.  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 November 27,
    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:

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

> Rantoul, Illinois 237A, 241A
>
> Gilman, Illinois 277A

8.  A filing window for Channel 277A at Gilman, Illinois, will not be
    opened at this time. Instead, the issue of opening a filing window
    for that channel will be addressed by the Commission in a subsequent
    *Order.*

9.  IT IS FURTHER ORDERED That the petition for rule making filed by L.
    Topaz Enterprises, Inc., IS DENIED.

10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

11. For further information concerning the above, contact Victoria
    McCauley, Mass Media Bureau (202) 418-2180. Questions related to the
    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]: The community of Gilman has been added to the caption.

[^2]: This counterproposal was accepted and placed on Public Notice.
    *See* Report No. 2324, April 13, 1999.

[^3]: The FM allotment priorities are (1) First full-time aural service;
    (2) second full-time aural service; (3) first local service; (4)
    other public interest matters. \[Co-equal weight is given to
    priorities (2) and (3).\] *Revision of FM Policies and Procedures*,
    90 FCC 2d 88, 51 RR 2d 448 (1984), *recon. den*. 56 RR 2d 448
    (1984).

[^4]: Channel 277A can be allotted at Gilman, Illinois, at coordinates
    40-40-59 and 88-01-53.