******************************************************** 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. 97-177 Table of Allotments, ) RM-9131 FM Broadcast Stations. ) (Kenova, West Virginia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 25, 1998; Released: March 6, 1998 By the Chief, Allocations Branch: 1. At the request of Billy R. Evans ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 11995 (1997), proposing the allotment of Channel 250A at Kenova, West Virginia, as the community's first local aural transmission service. Petitioner filed comments in support of the proposal reaffirming his intention to apply for the channel, if allotted. R&R Radio also filed comments in support of the allotment stating its interest in applying for the channel. 2. As stated in the Notice, Kenova is located in Wayne County, West Virginia (population 41,636), and has a population of 3,748 persons. Kenova has a city government consisting of a mayor and five city commissioners. It also has a police department, fire department, and an elementary school. 3. We believe the public interest would be served by allotting Channel 250A at Kenova, West Virginia, since it would provide the community with its first local aural transmission service. An engineering analysis has determined that Channel 250A can be allotted to Kenova in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.5 kilometers (1.6 miles) south to avoid a short-spacing to the licensed site of Station WZQQ(FM), Channel 250C3, Hyden, Kentucky. 3. Accordingly, pursuant to the authority found 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 April 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. Kenova, West Virginia 250A 4. A filing window for Channel 250A at Kenova, West Virginia, 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 Sharon P. McDonald, 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