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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. 99-209
Table of Allotments,                 )  RM-9628
FM Broadcast Stations.               )
(Buras, Louisiana)                                                     )

                        REPORT AND ORDER
                          (Proceeding Terminated)                              

   Adopted:   February 2, 2000          Released:  February 11, 2000

 By the Chief, Allocations Branch:
 
     1.  Before the Commission for consideration is the Notice of Proposed Rule Making
("Notice"), 14 FCC Rcd 9043 (1999), issued in response to a petition for rule making filed 
by Mountain West Broadcasting ("petitioner") proposing the allotment of Channel 279C2 to
Buras, Louisiana, as that locality's first commercial FM transmission service.  Petitioner
filed comments in response to the Notice.  No other comments were received.

     2.  As stated in the Notice, the proposed allotment of Channel 279C2 to Buras requires
a site restriction 6 kilometers (3.7 miles) south of the community at coordinates 29-18-15 NL
and 89-32-00 WL to comply with the minimum distance separation requirements set forth in
Section 73.207(b) of the Commission's Rules.  However, as it appeared that compliance with
the site restriction would require the transmitter for Channel 279C2 to be located in marshlands,
the Commission sought further information from the petitioner to provide evidence that a
suitable site is available for tower construction at Buras. 
     
     3.  In response to the Notice petitioner advises that upon investigation it concludes that most of
the fully spaced tower sites to accommodate a transmitter for Channel 279C2 would be located in a
swampy area.  Petitioner contends, however, that although it would be difficult to construct a tower in
such location, it could physically be accomplished.  No further explanation is provided.  Petitioner states
that if the Commission should determine that it would be possible to locate a tower in the restricted area,
an applicant could then employ the provisions of Section 73.215 to locate a tower site in a more practical
location.          

     4.  Based upon the information submitted in comments by the petitioner, it is acknowledged that
there is no fully spaced, suitable site within the restricted area to accommodate the construction of a
tower for proposed Channel 279C2 at Buras.    Petitioner's belief that the site availability issue could be
remedied by locating a tower elsewhere and employing the contour protection provisions of Section
73.215 of the Commission's Rules is not responsive to our request in the Notice, nor is it an acceptable
solution.  Channel allotments are made based upon compliance with the minimum distance separation
requirements contained in Section 73.207(b) of the Commission's Rules.  Petitioner's suggestion
anticipates the use of a directional antenna.  In authorizing the use of contour protection methods at the
application stage, the Commission specifically stated that it did not contemplate the use of directional
antennas to create short-spaced allotments.  See Report and Order, MM Docket No. 87-121, 4 FCC Rcd
1681 (1989).  On the basis of the foregoing, we find that it would not serve the public interest to allot
Channel 279C2 to Buras, Louisiana.

     5.  In view of the above, IT IS ORDERED, That the petition of Mountain West Broadcasting
proposing the allotment of Channel 279C2 to Buras, Louisiana (RM-9628), IS DENIED.

     6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
  
     7.  For further information concerning the above, contact Nancy Joyner, Mass Media
Bureau, (202) 418-2180.  
               
               FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                         
               John A. Karousos
               Chief, Allocations Branch
               Policy and Rules Division
               Mass Media Bureau