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

In the Matter of                )
                                )
Amendment of Section 73.202(b), )       MM Docket No. 96-125
Table of Allotments,            )       RM-8807
FM Broadcast Stations.          )       RM-8861
(Hilton and Albion, New York)   )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted: March 5, 1997               Released: March 14, 1997 

By the Chief, Allocations Branch:

     1.  At the request of Alan Bishop d/b/a Hilton Broadcasting ("petitioner"), the Commission
has before it the Notice of Proposed Rule Making, 11 FCC Rcd 6674 (1996), proposing the
allotment of Channel 238A to Hilton, New York, as the community's first local aural service. 
Comments were filed by the petitioner reiterating his intention to apply for the channel, if allotted
to Hilton, and by Great Lakes Wireless Talking Machine Company ("Great Lakes") in opposition
to the Hilton allotment.  In addition, a counterproposal was filed by Albion Broadcasting Associates
("ABA") proposing the allotment of Channel 238A to Albion, New York.  Reply comments were
filed by the petitioner and ABA.

     2.  ABA states that Albion, with a 1990 U.S. Census population 6,624 persons, is the seat
of Orleans County (population 41,846).  Neither Albion nor Orleans County, according to ABA, has
any local aural service, and thus the allotment of Channel 238A would provide a first local aural
service to both the community and its county.  ABA states that it will apply for the channel, if
allotted.

                        Technical Summary

     3.  Channel 238A can be allotted to Albion with a site restriction of 0.7 kilometers (0.4 miles)
northeast to avoid a short-spacing to Station WJYE, Channel 241B, Buffalo, New York.  This
allotment has been concurred in by the Canadian Government as a specially negotiated short-spaced
allotment since Albion is located within 320 kilometers (200 miles) of the U.S.-Canadian border and
the allotment is short-spaced to Stations CKDS-FM, Channel 237C1, Hamilton, Ontario, and
CJBC1F and proposed CJBC-1, Channel 238C1, Belleville, Ontario, Canada.  

     4.  We believe the public interest would be served by the allotment of Channel 238A at
Albion, New York, since it could provide the community with its first local FM service. 
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 April 28, 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.

               Albion, New York         238A 

     5.  The window period for filing applications for Channel 238A at Albion, New York, will
open on April 28, 1997, and close on  May 29, 1997.

     6.  IT IS FURTHER ORDERED, That the petition for rule making filed by Alan Bishop
d/b/a Hilton Broadcasting (RM-8807) IS DISMISSED.

     7.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     8.  For further information concerning this proceeding, contact Leslie K. Shapiro, Mass
Media Bureau, (202) 418-2180.

                              FEDERAL COMMUNICATIONS COMMISSION



                              John A Karousos 
                              Chief, Allocations Branch
                              Policy and Rules Division
                              Mass Media Bureau