*Pages 1--2 from Microsoft Word - 10025.doc* Federal Communications Commission DA 01- 1601 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), FM Table of Allotments, FM Broadcast Stations. (Bordelonville, Louisiana) ) ) ) ) ) ) ) MM Docket No. 01- 68 RM- 10087 REPORT AND ORDER (Proceeding Terminated) Adopted: June 27, 2001 Released: July 6, 2001 By the Chief, Allocations Branch: 1. The Allocations Branch has before it a Notice of Proposed Rulemaking issued at the request of Bramah Broadcasting, Inc. (“ petitioner”), requesting the allotment of Channel 280A at Bordelonville, Louisiana, as the community’s first local aural transmission service. Petitioner states that if the channel is allotted, it will apply for a station on Channel 280A at Bordelonville, and if granted, promptly construct a station. Petitioner filed comments reiterating its interest in filing an application for the allotment and competing at auction for the allotment if necessary. As requested in the Notice, petitioner included a subscription and verification statement in his responsive comments. 1 2. In support of its proposal, petitioner states that the community of Bordelonville is a community for allotment purposes. It states that Bordelonville has a 1990 U. S. Census population of 2,000 persons, that it is unincorporated, but has a local government in the form of a police jury. It states that the community has its own post office and zip code and that it has public services, such as a city center. It has several businesses and churches. 3. We will grant the allotment. We believe the allotment of Channel 280A at Bordelonville will serve the public interest because it will the provide the community with its first local aural service. Channel 280A can be allotted to Bordelonville in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. 2 1 Section 1. 52 of the Commission's Rules requires that all pleadings filed by parties not represented by legal counsel be signed and verified by the petitioner and provide the petitioner's mailing address. Petitioner rectified this ommission in its comments. 2 The coordinates for Channel 280A at Bordelonville are 31- 06- 19 North Latitude and 91- 54- 26 West Longitude. As we noted in the Notice, we recognize that petitioner proposed a transmitter site 19. 4 kilometers (12.1 miles) east of Bordelonville. However, where, as here, a proposed allotment would be subject to competing applications, it is the Commission's policy to allot the channel with the least site restriction necessary. See, Stuart and Boone, Iowa, 5 FCC Rcd 4537 (1990), recon. den., 6 FCC Rcd 6036 (1991). 1 Federal Communications Commission DA 01- 1601 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 August 20, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, as follows: City Channel No. Bordelonville, Louisiana 280A 5. The window period for filing applications for the above allotment will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent Order. 6. IT IS FURTHER ORDERED That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Victoria M. McCauley, 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