******************************************************** 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. 96-177) Table of Allotments, ) RM--8853 FM Broadcast Stations ) (Galena and Baxter Springs, Kansas) REPORT AND ORDER (Proceeding Terminated) Adopted: February 7, 1997 Released: February 14, 1997 By the Chief, Allocations Branch: 1. At the request of Acorn Broadcasting Company ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 10035, (1996), proposing the allotment of Channel 282A to Galena, Kansas, as the community's first local aural transmission service. Petitioner filed supporting comments. Gary M Kenny ("Kenny") filed a petition for rule making requesting the allotment of Channel 282A at Baxter Springs, Kansas. No other comments were received. 2. We believe the public interest would be served by the allotment of Channel 282A to Galena since it could provide the community with its first local FM service. Channel 282A can be allotted to Galena in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.5 kilometers (4.0 miles) west in order to avoid short- spacing conflicts with Stations KBCN(FM), Channel 282C, Marshall, Arkansas; KBEQ(FM), Channel 282C, Kansas City, Missouri; and KQMO(FM), Channel 281C3, Ash Grove, Missouri. 3. 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 March 31, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Galena, Kansas 282A 4. The window period for filing applications will open on March 31, 1997, and close on May 1, 1997. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau