*Pages 1--2 from Microsoft Word - 8735.doc* Federal Communications Commission DA 01- 1150 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 26 Table of Allotments, ) RM- 10045 FM Broadcast Stations. ) (Patterson, Georgia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 25, 2001 Released: May 4, 2001 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making (“ Notice”), (DA 01- 254), released February 2, 2001, issued in response to a petition for rule making filed by Bernice P. Hedrick (“ petitioner”), proposing the allotment of FM Channel 296A to Patterson, Georgia, as that community’s first local aural transmission service. Comments in support of the allotment were filed by the petitioner 1 and on behalf of Mattox Broadcasting, Inc. Each of the parties has stated an intention to apply for the channel, if allotted. No other comments were received. 2. In light of the expressions of int erest in providing a first local aural transmission service to Pat t erson, Georgia, we will allot Channel 296A to that community, as requested. 3. As stated in the Notice, Channel 296A can be allotted to Patterson in conformity with the minimum distance separation requirements of Section 73.207( b)( 1) of the Commission’s Rules, provided t he t ransmitt er t herefor is locat ed at least 2. 9 kilomet ers (1. 8 miles) east of the communit y at coordinates 31- 23- 12 NL and 82- 06- 18 WL. 2 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 June 18, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED to include Pat t erson, Georgia, as follows: City Channel No. 1 As stated in the Notice, petitioner’s request, although signed and an address provided, failed to include an affidavit verifying statements contained in her petition, as required by Section 1. 52 of the Commission’s rules. Petitioner was requested to correct the deficiency in her responsive comments and has complied accordingly. 2 The site restriction is required to negate a short spacing to both the licensed site and pending construction permit site (BPH- 19991202ABZ) of Station WOKA- FM, Channel 294C1, Douglas, Georgia. 1 Federal Communications Commission DA 01- 1150 2 Patterson, Georgia 296A 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. A window period for filing applications for Channel 296A at Patterson, Georgia, will not be opened at this time. Instead, the issue of opening the allotment for auction will be addressed by the Commission in a subsequent Order. 7. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418- 2180. Questions related to the 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 2