Federal Communications Commission DA 00-1896 Before the Federal
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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, ) MM Docket No. 98-85 FM Broadcast Stations. ) RM-9286 Meeteetse and Cody, Wyoming1 ) 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 community’s 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 community’s 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 Sheriff’s 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. Federal Communications Commission DA 00-1896 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 Meeteetse2 and Channel 244C3 can be allotted at Cody3 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 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. 2.