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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. 97-102 Table of Allotments, ) RM-8969 FM Broadcast Stations. ) (Slidell and Kenner, Louisiana) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 10, 1997 Released: September 19, 1997 By the Chief, Allocations Branch: 1. At the request of Phase II Broadcasting ("petitioner"), licensee of Station WLTS-FM, Channel 287C1, Slidell, Louisiana, the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 3706 (1997), proposing the reallotment of Channel 287C1 from Slidell to Kenner, Louisiana, and the modification of Station WLTS-FM's license to specify Kenner as its community of license. Petitioner filed supportive comments and reply comments. No other comments were received. 2. After reviewing the record before us, we believe the reallotment of Channel 287C1 from Slidell to Kenner and the modification of Station WLTS-FM's license to specify Kenner as its community of license results in a preferential arrangement of channels as required by the Commission's procedures noted in Modification of FM and TV Authorizations to Specify a New Community of License. In reaching this determination we compared the existing arrangement of allotments with the proposed arrangement using the FM priorities set forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). In this instance, Kenner receive its first local aural transmission service (3), and therefore is preferred over the retention of two transmission services at Slidell which will continue to be served locally by AM Station WSLA. As stated in the Notice, we recognize that Kenner is partially located within the New Orleans Urbanized Area. However, petitioner is not proposing to relocate Station WLTS-FM's transmitter site, therefore, the reallotment will not result in any new gain or loss areas, and the station will continue to provide Slidell with city grade 70 dBu coverage. 3. An engineering analysis has determined that 287C1 can be allotted to Kenner in compliance with the Commission's minimum distance separation requirements at the licensed site of Station WLTS-FM. In accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the license of Station WLTS-FM to specify Kenner, Louisiana, as its community of license on Channel 287C1 in lieu of its use at Slidell. 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 November 3, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Slidell, Louisiana -- Kenner, Louisiana 287C1 5. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of for Station WLTS-FM, Channel 287C1, Slidell, Louisiana, IS MODIFIED to specify Kenner, Louisiana, as the community of license subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and /or upgrade. As a result of this proceeding, Phase II Broadcasting, licensee of Station WLTS-FM, is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. 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