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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. 97-27 Table of Allotments, ) RM-8901 FM Broadcast Stations. ) (Salome, Arizona) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 14, 1998 Released: January 23, 1998 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 1775 (1997), issued in response to a petition for rule making filed on behalf of Browns Well Broadcasting ("petitioner") proposing the allotment of FM Channel 241A to Salome, Arizona, as its first local aural transmission service. Petitioner filed supporting comments in response to the Notice. No other comments were received. 2. As Salome is neither incorporated nor a census designated place, petitioner was requested to provide additional information to demonstrate that Salome, Arizona, is a bona fide community as that term is defined for purposes of Section 307(b) of the Communications Act, as amended by the Telecommunications Act of 1996, for allotment objectives. In response, petitioner states that Salome is attributed with a population of 1,279 persons in the 1990 U.S. Census data. In addition, petitioner responds that Salome contains its own elementary school district, a regional high school, cultural entities, a U.S. post office (zip code 85348), a Chamber of Commerce, and a commercial district. Further, petitioner states that the Southwestern Telephone Company has an office in Salome. Additionally, it has come to our attention that approximately eighty businesses are attributed to Salome. Among the listed entities are banking facilities, churches, civic organizations, fire and rescue services, beauty salons, two La Paz County government offices, sheriff's office, medical clinic, water utility company, library, lodging facilities, restaurants, and a retirement community. 3. In view of the above, we believe that sufficient indicia exists in Salome to conclude that it is a community for allotment purposes. It is an identifiable population grouping with numerous business entities and community organizations that identify themselves with the residents of Salome. See Garrison, Kentucky, 6 FCC Rcd 1428 (1991). Therefore, we will allot Channel 241A to Salome, Arizona, as requested. 4. As stated in the Notice, Channel 241A can be allotted to Salome, Arizona, consistent with the minimum distance separation requirements of Section 73.207(b)(1) and (3) of the Commission's Rules without a site restriction, utilizing coordinates 33-46-54 and 113- 36-42. As Salome is located within 320 kilometers (199 miles) of the U.S.-Mexico border, Mexican concurrence to the requested allotment of Channel 241A to that community was requested. However, the consent request remains outstanding. Therefore, in light of the prolonged pendency of this proceeding, yet in an effort to introduce new FM service to Salome, Arizona, 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 a hearing, if found by the Commission to be necessary in order to conform to the Agreement." 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 March 9, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED to include the community listed below, as follows: City Channel No. Salome, Arizona241A 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. A filing window for Channel 241A at Salome, Arizona, 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. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process 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