******************************************************** 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. 96-144 Table of Allotments, ) RM-8827 FM Broadcast Stations. ) (Alamogordo, New Mexico) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 28, 1997 Released: June 6, 1997 By the Chief, Allocations Branch: 1. At the request of Burt Broadcasting, Inc. ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 7667 (1996), proposing the allotment of Channel 300A to Alamogordo, New Mexico, as the community's fourth local commercial FM service. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. No other comments were received. 2. We believe the public interest would be served by allotting Channel 300A to Alamogordo since an interest has been expressed in providing the community with an additional local commercial radio service. Channel 300A can be allotted to Alamogordo in compliance with the Commission's minimum distance separation requirements with a site restriction of 13.8 kilometers (8.6 miles) north to avoid a short-spacing to vacant and unapplied-for Channel 300C at Balderas, Chihuahua, Mexico. Alamogordo is located within 320 kilometers (199 miles) of the U.S.-Mexican border. Mexican concurrence in the allotment was requested in October, 1996, but has not yet been received. In light of the prolonged pendency of this proceeding, yet in an effort to introduce a new FM service to Alamogordo, we shall grant the proposal with the following interim condition: "Operation with the facilities specified herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement." 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 July 21, 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. Alamogordo, New Mexico 232C3, 279C1, 287C2, 300A 4. The window period for filing applications will open on July 21, 1997, and close on August 21, 1997. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. 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