*Pages 1--2 from Microsoft Word - 6672.doc* Federal Communications Commission DA 01- 255 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 00- 123 Table of Allotments, ) RM- 9903 FM Broadcast Stations. ) (Rincon, Puerto Rico) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 24, 2001 Released: February 2, 2001 By the Chief, Allocations Branch: 1. At the request of Ocean Communications (" petitioner"), the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 12611 (2000), proposing the allotment of Channel 300B to Rincon, Puerto Rico, as the community's first local aural service. Comments were filed by the petitioner reiterating its intention to apply for the channel, if allotted. 1 International Broadcasting Corporat ion (" IBC") filed comment s in opposit ion to the pet it ion. 2 No reply comments were received. 2. IBC, licensee of Station WVOZ, Channel 299B, Carolina, Puerto Rico, states that the proposed transmitter site is coordinates are those of Desecheo Island and the Desecheo National Wildlife Refuge and therefore is not available for a radio transmitting tower. In support, it submits a letter dated December 1, 2000, from Mr. Val K. Urtan, Project Leader, Caribbean Islands NWR Complex, Fish and Wildlife Service, United States Department of the Interior, stating that no request for a permit to construct an antenna had been submitted and that it is unlikely that such approval would be given if requested. Therefore, IBC requests that the proposed allotment be denied. 3. Based on this information, we cannot find that it would serve the public interest to allot a channel to Rincon. Rather, evidence, which has not been refuted, has been presented to demonstrate that it is unlikely that the Department of the Interior would favorably consider a request to erect a transmitting tower within the refuge and we believe that this is sufficient to find that petitioner does not 1 The Notice requested clarification as to whether the verification statement included in the petition, as required by Section 1. 52 of the Commission's Rules, was signed by the petitioner or its technical consultant. In response, petitioner states that since he is now represented by counsel, counsel verifies the pleadings submitted in the proceeding. 2 IBC's comments, which were served on the petitioner, were not timely filed or accompanied by a request for their acceptance. However, because the comments contain information of decisional significance, we have accepted them for consideration herein. Late- filed opposing comments, which were not served on the petitioner or accompanied by a request for their acceptance, were also filed by Katholic Neighbor Options, Inc. (" Katholic Neighbor"). These comments are moot in light of our action herein. 1 Federal Communications Commission DA 01- 255 2 have a reasonable assurance of the sit e's availabilit y. See, Grand View, Idaho, 15 FCC Rcd 2768 (2000), Cusseta, Georgia, 6 FCC Rcd 7437 (1991) and cases cited therein. 4. In view of the above, IT IS ORDERED, That the petition of Ocean Communications (RM-9903) IS DENIED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. 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 2