******************************************************** 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. 97-239 Table of Allotments, ) RM-9195 FM Broadcast Stations. ) RM-9237 (Horseshoe Beach and ) Otter Creek, Florida) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 1, 1998 Released: July 10, 1998 By the Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making, 12 FCC Rcd 20302 (1997), issued in response to a petition filed by Tony Downes ("Downes"). The Notice proposed the allotment of Channel 240A at Otter Creek, Florida, as that community's first local FM broadcast service. Late filed comments were received from Downs. Dixie County Broadcasters ("Dixie") filed a counterproposal. Dickerson Broadcasting, Inc. ("DBI") submitted comments. 2. Dixie's counterproposal requests the allotment of Channel 240C3 at Horseshoe Beach, Florida, as that community's first local service. According to Dixie, Horseshoe Beach is qualified to receive an FM allotment. Dixie states that Horseshoe Beach is an incorporated community and is listed in the U.S. Census with a population of 252 people. Further, it is governed by an elected city council, has its own volunteer fire department, water service and zip code. Dixie contends that Channel 240C3 can be allotted to Horseshoe Beach in compliance with the Commission's spacing requirements and will cover 100% of the community, providing service to 13,955 persons within a 4,798 square kilometers area. Dixie states that it will file an application for Channel 240C3 if it is allotted to Horseshoe Beach or participate in any auction or alternative selection process that the Commission might institute in the future. 3. Conflicting proposals, such as have been filed in this proceeding, are generally considered under the guidelines set forth in Revision of FM Assignment and Policies and Procedures, 90 FCC Rcd 2d (1982). However, in this instance, since an additional channel is available, there is no need to compare the two communities. Therefore, after consideration of the information filed in this proceeding, we believe the public interest would be served by the allotment of an FM channel at Horseshoe Beach, Florida, and Otter Creek, Florida, enabling both communities to receive first local service. Channel 240A can be allotted to Otter Creek, Florida, in compliance with the Commission's spacing requirements provided there is a site restriction 9.8 kilometers (6.1 miles) southwest of the community. The site restriction will prevent a short spacing to Station WEJZ, Channel 241C1, Jacksonville, Florida. In response to the comments filed by DBI, Commission staff has determined that Channel 234C3 can be allotted to Horseshoe Beach without a site restriction which will avoid any potential conflict with MM Docket 97-252. 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 August 24, 1998, 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 Horseshoe Beach, Florida 234C3 Otter Creek, Florida 240A 5. A filing window for Channel 234A at Horseshoe Beach, Florida, and Channel 240A at Otter Creek, Florida, will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 234A at Horseshoe Beach, Florida, and Channel 240A at Otter Creek, Florida, 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