*Pages 1--2 from Microsoft Word - 10363.doc* Federal Communications Commission DA 01- 1737 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 91 Table of Allotments, ) RM- 10096 FM Broadcast Stations. ) (Hugo, Colorado) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 11, 2001 Released: July 20, 2001 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making (“ Notice”) (DA 01- 931) released April 13, 2001, issued in response to a petition filed by Alan Olson proposing the allotment of Channel 222A to Hugo, Colorado, as that community’s first local aural transmission service. Petitioner filed comments reiterating his intention to apply for Channel Channel 222A if it is allotted to Hugo, as requested. 1 2. In view of the interest expressed in providing a first local aural transmission service to Hugo, Colorado, we will allot Channel 222A to that community, as requested. 3. As stated in the Notice, Channel 222A can be allotted to Hugo in conformity with the minimum distance separation requirements of Section 73.207( b)( 1) of the Commission’s Rules wit hout a site restriction, utilizing city reference coordinates 39- 08- 10 NL and 103- 28- 10 WL. 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 September 4, 2001 , the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED to include Hugo, Colorado, as follows: City Channel No. Hugo, Colorado 222A 1 Petitioner’s comments were late filed. However, in accordance with Commission policy, the comments will be accepted for the purpose of expressing continuing interest in the proposal since the proceeding is uncontested. See Santa Isabel, Puerto Rico, 3 FCC Rcd 2336 (1988), aff’d. 4 FCC Rcd 3412 (1989); aff’d. sub nom. Amor Family Broadcasting v. FCC, 918 F. 2d 960 (D. C. Cir. 1990). 1 Federal Communications Commission DA 01- 1737 2 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. A filing window for Channel 222A at Hugo, Colorado, 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. 7. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418- 2180. Questions related to the window application filing process for Channel 222A at Hugo, Colorado, 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