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 Federal  Communications  Commission  DA  00-  1896 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  of  Section  73.202(  b), 
 FM  Table  of  Allotments, 
 FM  Broadcast  Stations. 
 Meeteetse  and  Cody,  Wyoming  1 

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 MM  Docket  No.  98-  85 
 RM-  9286 
 RM-  9359 

 REPORT  AND  ORDER 
 (Proceeding  Terminated) 

 Adopted:  August  9,  2000  Released:  August  18,  2000 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  a  Notice  of  Proposed  Rule  Making,  13  FCC  Rcd 
 11937  (1998),  issued  at  the  request  of  Windy  Valley  Broadcasting,  requesting  the  allotment  of  Channel 
 273C  at  Meeteetse,  Wyoming,  as  the  communitys  first  local  aural  transmission  service.  L.  Topaz 
 Enterprises,  Inc.  (  Topaz),  filed  comments  and  a  counterproposal  requesting  the  allotment  of  Channel 
 273C3  at  Cody,  Wyoming,  as  the  communitys  fourth  local  aural  transmission  service.  Petitioner  filed 
 comments  reiterating  its  intention  to  file  for  the  channel,  if  allotted. 

 2.  In  support  of  its  proposal,  petitioner  states  that  the  community  of  Meeteetse,  with  a  1990 
 U.  S.  Census  population  of  368  persons,  is  located  in  Park  County,  population  23,178  persons,  in 
 northwestern  Wyoming.  It  states  that  the  allotment  will  provide  the  community  with  an  outlet  for  local  self 
 expression  and  will  increase  the  health  and  safety  of  the  community  by  having  a  local  communication  outlet 
 to  warn  the  community  of  emergency  conditions  such  as  severe  weather  or  other  health  hazards.  As 
 further  support  of  its  community  status,  we  note  that  Meeteetse  also  has  a  zip  code,  post  office,  city  hall, 
 police  and  fire  departments,  a  U.  S.  Forest  Service  station,  and  Sheriffs  office.  It  also  has  schools,  a 
 library,  museum,  recreation  district,  a  bank,  medical  clinic,  veterinary  clinic,  motels,  restaurants  and 
 numerous  other  businesses. 

 3.  In  support  of  its  proposal,  Topaz  states  that  the  community  of  Cody  is  an  incorporated 
 community  with  a  1990  U.  S.  Census  population  of  7,897  persons,  and  is  also  located  in  Park  County. 
 Stations  KTAG(  FM)  and  KODI(  AM),  as  well  as  noncommercial  educational  station  KYDZ(  FM)  are 
 already  licensed  to  Cody. 

 4.  We  find  that  Meeteetse  is  a  community  for  allotment  purposes  and  that  Cody  has  already 
 been  established  as  a  community  for  allotment  purposes.  As  such,  both  communities  are  deserving  of 
 allotments.  A  Commission  engineering  analysis  shows  that  Channel  273C  is  available  at  Meeteetse  and 

 1  The  community  of  Cody,  Wyoming,  has  been  added  to  the  caption. 
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 Federal  Communications  Commission  DA  00-  1896 
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 Channel  244C3  is  available  for  allotment  at  Cody.  Therefore,  since  interest  has  been  expressed  in  channels 
 at  these  communities,  we  will  allot  both  channels  and  avoid  any  comparison  of  the  proposals.  Thus, 
 Channel  273C  will  be  allotted  at  Meeteetse  and  Channel  244C3  will  be  allotted  at  Cody. 

 5.  Channel  273C  can  be  allotted  at  Meeteetse  2  and  Channel  244C3  can  be  allotted  at  Cody  3 
 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  Commissions  Rules  without  site 
 restrictions. 

 6.  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  October  2,  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  Channel 
 Meeteetse,  Wyoming  273C 
 Cody,  Wyoming  250C,  244C3 
 7.  Filing  windows  for  Channel  273C  at  Meeteetse  and  244C3  at  Cody,  Wyoming,  will  not  be 
 opened  at  this  time.  Instead,  the  issue  of  opening  filing  windows  for  those  channels  will  be  addressed  by 
 the  Commission  in  a  subsequent  Order. 

 8.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 9.  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 

 2  The  coordinates  for  Channel  273C  at  Meeteetse,  Wyoming,  are  44-  09-  24  and  108-  52-  24. 
 3  The  coordinates  for  Channel  244C3  at  Cody,  Wyoming,  are  44-  31-  36  and  109-  03-  18. 
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