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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. 96-216 Table of Allotments, )RM-8895 FM Broadcast Stations. ) (Portsmouth, Ohio) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 18, 1997 Released: June 27, 1997 By the Chief, Allocations Branch: 1. At the request of Peter L. Cea ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 13876 (1996), proposing the allotment of Channel 298A to Portsmouth, Ohio, as the community's third local commercial FM transmission service. Comments were filed by the petitioner, Jackson County Broadcasting, Inc. ("Jackson County"), Hometown Broadcasting ("Hometown"), Roger King ("King"), J. Gilbert Hammond ("Hammond"), and Dennis Jolly ("Jolly"). 2. Petitioner filed comments reiterating his intention to apply for Channel 298A, if allotted. In addition, Jackson County and Hometown Broadcasting filed supporting comments in which they individually state an intention to apply for the channel. Jackson County states that the allotment could provide Portsmouth, a community of 22,700 persons, with an additional competitive commercial service. King, Hammond and Jolly oppose the allotment at Portsmouth. King, as the manager of Tire World of Maysville, Kentucky, and Jolly, an automobile dealer in the West Union, Ohio, area, state that they have successfully advertised on Station WIOK, which operates on the co- channel in Falmouth, Kentucky. They contend that great harm will result from the allotment of Channel 298A at Portsmouth because Station WIOK's present coverage area will be adversely affected. Hammond, President of Hammond Broadcasting, Inc., the licensee of Station WIOK, states that its station is located in Pendleton County, Kentucky. According to Hammond, an engineering study indicates that Station WIOK will lose "significantly large" listening areas in both Kentucky and Ohio if Channel 298A is allotted to Portsmouth. Further, Hammond states that the lost listening areas are ones upon which it depends on for economic support from both listeners and advertisers. Hammond contends that Station WIOK has reached out to these areas east and northeast of its community of license because of the "infringement" of new stations in Greensburg and Corydon, Indiana, Dayton, Ohio, and Owingsville, and London, Kentucky. If a new station is now allowed at Portsmouth, Hammond contends that it will lose both listeners and advertisers. 3. The economic impact concerns of King, Hammond and Jolly that a new station at Portsmouth will restrict Station KIOK's listening and advertising areas are issues which the Commission has already determined are not relevant in either a licensing or allotment context. See FM Channel Assignments; Policies Regarding Detrimental Effects of Proposed New Broadcast Stations on Existing Stations, 3 FCC Rcd 638 (1988), recon. denied, 4 FCC Rcd 2276 (1989). Consequently, there is no basis under the current state of Commission precedent for consideration of these issues. Further, since Channel 298A can be allotted to Portsmouth in compliance with the Commission's minimum distance separation requirements, there will be no infringement upon Station WIOK's protected interference-free contour. 4. We believe the public interest would be served by allotting Channel 298A to Portsmouth, Ohio, since it could provide the community with its third local commercial FM service. Channel 298A can be allotted to Portsmouth in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 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 August 11, 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: CityChannel No. Portsmouth, Ohio257A, 281C, 298A 6. The window period for filing applications for Channel 298A at Portsmouth, Ohio, will open on August 11, 1997, and close on September 11, 1997. 7. IT IS FURTHER ORDERED, That the counterproposal filed by IM Media Broadcasting, Inc., to allot Channel 298A to Oak Hill, Ohio, IS DISMISSED. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. 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