********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************
                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No.  98-211
Table of Allotments,            )  RM-9349
FM Broadcast Stations.          )  RM-9477
(Logan, Utah and Evanston, Wyoming ))
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)

   Adopted: June 23,  1999              
     Released: July 2, 1999   

 By the Chief, Allocations Branch:
 
 1.  In response to a Petition for Rule Making filed by L. Topaz Enterprises, Inc. ("Topaz"), the
 Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd
 23343 (1998), requesting the allotment of Channel 252C3 at Logan, Utah, as that community's third
 local FM broadcast service.  Topaz filed comments supporting the allotment of Channel 252C3 at
 Logan.  M. Kent Frandsen ("Frandsen") filed a counterproposal.     On February 16, 1999, M. Kent
 Frandsen and Topaz filed a Request for Approval of Settlement.  No other comments were received
 at the Commission in response to the Notice issued in this proceeding.
 
 2.  The Notice  proposed the allotment of Channel 252C3 at Logan, Utah, as that community's
 third local FM service.  Topaz pointed out that Logan has the usual indicia of a community with
 a population of 32,762 people.  Logan is located in Cache County in northern Utah, approximately
 115 kilometers north of Salt Lake City.  
 
 3.  Frandsen counterproposed the allotment of Channel 252C2 at Evanston, Wyoming, as that
 community's second FM broadcast station.  According to Frandsen, Evanston has a population of
 10,903 people and has only one AM and one FM station while allotment of Channel 252C3 at
 Logan will provide a fifth service to the community as Logan currently has two FM stations and
 two AM stations.
 
 
 4.  In accordance with Section 1.420(j) of the Commission's Rules, Frandsen and Topaz filed
 a Request for Approval of Settlement between the two parties.  Documentation has been provided
 showing that Topaz has been promised or paid only its out-of-pocket expenses in connection with
 the withdrawal of interest for Channel 252C3 at Logan.  Specifically, Dale Ganske, President of L.
 Topaz Enterprises stated that Topaz was paid $2,000 for expenses incurred in the filing of the
 rulemaking request.  Further, Larry Fuss, the engineering consultant retained by Topaz states that
 he billed Topaz $2,000 for work performed on this project.  Frandsen also provided a document
 stating that he had paid Topaz only $2,000 for withdrawal of interest in the channel at Logan.
 
 5.  In view of the above information and in the absence of any further interest by Topaz in the
 Logan allotment, we believe the public interest would be served by allotting Channel 252C2 at
 Evanston, Wyoming.  A staff engineering analysis indicates that Channel 252C2 can be allotted to
 Evanston consistent with the Commission's spacing requirements without a site restriction.
 
 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 August 16, 1999,  the FM Table of
 Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed
 below, as follows:
               
               Community           Channel Number
 
               Evanston, Wyoming        252,C2, 291C3       
 
 7.  A filing window for Channel 252C2 at Evanston, Wyoming, 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.
 
 8.  IT IS FURTHER ORDERED, That the Petition for Rule Making filed by L. Topaz
 Enterprises, Inc. (RM-9349)  IS DISMISSED.
 
 9.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 
 
 
 
 
 
 
 10. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.    Questions related to the application filing process for Channel
 252C2 at Evanston, 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