*Pages 1--3 from Microsoft Word - 2258.doc* Federal Communications Commission DA 00- 1439 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 99- 285 Table of Allotments, ) RM- 9717 FM Broadcast Stations. ) RM- 9808 (Keeseville and Dannemora, New York) 1 ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 21, 2000 Released: June 30, 2000 By the Chief, Allocations Branch: 1. At the request of John Anthony Bulmer (" petitioner"), the Commission has before it the Notice of Proposed Rule Making, 14 FCC Rcd 15412 (1999), proposing the allotment of Channel 250A to Keeseville, New York, as the communit y's first local aural service. Pet it ioner filed comment s reit erat ing his int ent ion to apply for the channel, if allot t ed. Comment s and a count erproposal were also filed by Dannemora Broadcasting (" DB") proposing instead the allotment of Channel 250A to Dannemora, New York, as its first local aural service. 2 Petitioner filed reply comments supporting the allot ment at Dannemora and wit hdrawing its int erest in use of t he channel at Keeseville. 3 No other comments were received. 2. DB states that Dannemora, with a 1990 U. S. Census population of 4,005 people, has its own municipal offices, such as the Dannemora Town Clerk, Town Assessor, Town Supervisor and fire department. In addition, it has its own post office, zip code, churches, elementary school and various businesses including Dannemora Ford, Dannemora Garage, and Dannemora Village Smith. DB submits that Dannemora should be preferred over Keeseville for its first local aural service since it is 1 The community of Dannemora has been added to the caption. 2 Public Notice of the filing of the counterproposal was given on January 18, 2000, Report No. 2383. 3 Petitioner's withdrawal request does not comply with Section 1.420( j) of the Commission's Rules. This rule requires that any party seeking to dismiss or withdraw its expression of interest file a request for approval of the dismissal or withdrawal. This request must include a certificate that it has not, and will not, receive any money or other consideration in excess of legitimate and prudent expenses in exchange for the dismissal or withdrawal as well as a copy of any written agreement related to the dismissal or withdrawal, including an itemized accounting of the expenses to be reimbursed and the terms of any oral agreement related to the withdrawal or dismissal. In this case, we will excuse the petitioner's infraction and grants his dismissal request. No other party expressed an interest in the allotment at Keeseville and it is established Commission policy not to allot a channel without a valid expression of interest in use of the channel. However, our determination should not be interpreted as a relaxation of the Commission's Rules requiring a withdrawing party to an allotment proceeding to provide a copy of any written agreement or affidavit setting forth the particulars of the withdrawal, as specified in Section 1.420( j) of the Commission's Rules. 1 Federal Communications Commission DA 00- 1439 2 subst ant ially larger than Keeseville, which has a 1990 population of only 1,854 people. DB states that it will apply for the channel, if allot t ed. In his reply comment s, pet it ioner agrees that Dannemora is t he more deserving community for a first local service and states that he will apply for Channel 250A, if allotted to Dannemora. 3. We believe the public interest would be served by allotting Channel 250A to Dannemora since it could provide the community with its first local aural service. Channel 250A can be allotted to t he communit y in compliance wit h the Commission's minimum dist ance separat ion requirement s, wit h respect t o all domest ic allot ment s, wit hout the imposit ion of a sit e rest rict ion. 4 The allotment is short-spaced to Station CHOM- FM, Channel 249C1, Montreal, Quebec, Station CBOF6F, Channel 251A, Cornwall, Ontario, and Station CIEL- FM, Channel 253C1, Longueil, Quebec, Canada. Therefore, concurrence by the Canadian Government, as a specially negotiated, short- spaced allotment, has been obtained. 4. 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 14, 2000, 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. Dannemora, New York250A 5. A filing window for Channel 250A at Dannemora, New York, 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. 6. IT IS FURTHER ORDERED, That the petition for rule making filed by John Anthony Bulmer to allot Channel 250A to Keeseville, New York (RM- 9717), IS DISMISSED. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 4 The coordinates for Channel 250A at Dannemora are 44- 43- 12 NL; 73- 43- 36 WL. 2 Federal Communications Commission DA 00- 1439 3 8. 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 3