******************************************************** 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. 97-132 Table of Allotments, ) RM-9081 FM Broadcast Stations. ) (Mesquite, Nevada) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 12, 1997 Released: December 5, 1997 By the Chief, Allocations Branch: 1. At the request of Will Kemp ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 6075 (1997), proposing the allotment of Channel 244C to Mesquite, Nevada, as the community's second local FM service. Petitioner filed comments reiterating his 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 244C to Mesquite, Nevada, since it could provide the community with its second local and first competitive FM service. Channel 244C can be allotted to the community in compliance with the Commission's minimum distance separation requirements with a site restriction of 5.4 kilometers (3.4 miles) north to avoid a short-spacing to the outstanding construction permit (BMPH-960607IH) of Station KTVF, Channel 244C2, Williams, Arizona, and to one of the pending applications (ARN-950825MB) for Channel 244C2 at Lake Havasu City, Arizona. 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 January 20, 1998, 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. Mesquite, Nevada 244C, 248C1 4. A filing window for Channel 244C at Mesquite, Nevada, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 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