******************************************************** 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. 97-28 Table of Allotments, ) RM-8917 FM Broadcast Stations. ) RM-9066 (Twin Falls, Idaho) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 7, 1997 Released: May 16, 1997 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making, ("Notice"), 12 FCC Rcd 1785 (1997), issued in response to a petition for rule making filed on behalf of Orchalara Broadcasting Company ("Orchalara"), proposing the allotment of Channel 252A to Twin Falls, Idaho, as that community's third local FM service. Petitioner filed supporting comments in response to the Notice. Comments and a counterproposal were filed on behalf of AM 1270 Co. ("AM 1270"). No other comments were received. 2. AM 1270 counterproposed the allotment of Channel 252C1 rather than Channel 252A at Twin Falls, as proposed in the Notice, since it could provide an additional broad coverage area FM service to that community. AM 1270 stated its intention to apply for Channel 252C1 if allotted to Twin Falls, as requested. 3. In view of the interests expressed herein in providing an additional local FM service to Twin Falls, Idaho, we will allot Channel 252C1 to that community, as requested by AM 1270 (RM-9066), rather than Channel 252A, as requested by Orchalara. Our determination is consistent with Commission policy to allot the highest class channel requested to a community that meets the technical provisions of our rules. See Ludlow, California, 10 FCC Rcd 563 (1995). 4. Channel 252C1 can be allotted to Twin Falls consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, without a site restriction, utilizing city reference coordinates 42-33-42 and 114-28-12. 5. 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 June 30, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Twin Falls, Idaho, as follows: City Channel No. Twin Falls, Idaho 239C1, 243C1, 252C1 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. The window period for filing applications for Channel 252C1 at Twin Falls, Idaho, will open on June 30, 1997 and close on July 31, 1997. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 252C1 at Twin Falls, Idaho, 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