*Pages 1--2 from Microsoft Word - 8734.doc* Federal Communications Commission DA 01- 1151 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MM Docket No. 01- 4 Table of Allotments, ) RM- 10020 FM Broadcast Stations. ) (Willow Creek, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 25, 2001 Released: May 4, 2001 By the Chief, Allocations Branch: 1. In response to a Petition for Rule Making filed by Four Rivers Broadcasting, Inc. (“ Four Rivers”), the Allocations Branch considers herein a Notice of Proposed Rule Making (“ Notice”), DA 01- 64, released January 12, 2001, proposing the allotment of Channel 295A to Willow Creek, California, as that community’s first local aural transmission service. In its comments, Four Rivers states that it prefers that the Commission allot Channel 253A to Willow Creek because Channel 253A has potential for upgrade, whereas Channel 295A does not. Four Rivers states that, if Channel 253A is allotted to Willow Creek, Four Rivers will file an application for a construction permit for the new allotment, and if its application is granted, will promptly construct the new facility. BK Radio filed comments in support of adding a Class A FM channel to Willow Creek, and expressed its int ent to file an application for such a channel, if it were allotted to Willow Creek. 1 No reply comment s were filed. 2. We believe that the public interest would be served by the allotment of Channel 253A at Willow Creek, California, as it will provide a first local aural transmission service to that communit y. Either Channel 295A or Channel 253A can be allotted to Willow Creek, consist ent wit h the requirements of Sections 73.207( b)( 1) and 73.315( a) of the Commission’s Rules. Since Four Rivers has expressed a clear intent to file an application for Channel 253A, if allotted to Willow Creek, and since we consider channels of the same class to be equivalent, we shall allot Channel 253A to Willow Creek. 2 1 Literally, BK Radio supported a proposal to allot Channel 254A to Willow Creek The Notice rejected that proposal because of prohibited short- spacings and proposed to allot Channel 295A to Willow Creek. 2 The coordinates for Channel 253A at Willow Creek, California, are 40- 56- 50 NL and 123- 37- 10 WL, with a site restriction of 1. 2 kilometers northeast of Willow Creek. 1 Federal Communications Commission DA 01- 1151 2 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 0.6l, 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 for the community listed listed below, as follows: Community Channel Number Willow Creek, California 253A 4. A filing window for Channel 253A, Willow Creek, will not be opened at this time. Inst ead, t he issue of opening this allot ment for auct ion 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 R. Barthen Gorman, Mass Media Bureau, (202) 418- 2180. Questions related to the application filing process for Channel 253A at Willow Creek, California, 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