*Pages 1--2 from Microsoft Word - 6671.doc* Federal Communications Commission DA 01- 256 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 00- 204 Table of Allotments, ) RM- 9983 FM Broadcast Stations. ) (Blairsville, Georgia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: January 24, 2001 Released: February 2, 2001 By the Chief, Allocations Branch: 1. At the request of M. Terry Carter and Douglas Sutton, Jr., d/ b/ a Tugart Communications (" petitioner"), the Commission has before it the Notice of Proposed Rule Making, 15 FCC Rcd 20229 (2000), proposing the allotment of Channel 236A to Blairsville, Georgia, as the communit y's first local aural service. Comment s were filed by the pet it ioner reit erat ing its int ent ion to apply for t he channel, and by Cox Radio, Inc. (" Cox"). Reply comments were filed by the petitioner withdrawing its intention to apply for the channel. No other party filed comments expressing an intention to apply for the proposed channel. 2. Cox states that Channel 236A cannot be allotted to Blairsville in compliance wit h Sect ion 73.315( b) of the Commission's Rules because the Gumlog and Ivylog Mountains are located between the proposed Channel 236A reference site and the community. Because of these major obstructions, Cox submits that a tower with a radiation center of 2,400 feet above ground level would be required to provide Blairsville wit h the required 70 dBu line- of- sight service but t hat t he Federal Aviat ion Administration (" FAA") would not approve a tower of such height. In response, withdraws its expression of interest in the allotment, stating that it was not aware of the line- of- sight problem when it filed the petition and the allotment would therefore not be in the public interest. 1 3. Accordingly, based on the above discussion, IT IS ORDERED, that the petition for rule making filed by Tugart Communications to allot Channel 236A to Blairsville, Georgia (RM- 9983) IS DISMISSED. 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 1 In compliance with Section 1.420( j) of the Commission's Rules, petitioner submits a certification that neither the petitioner nor any of its principals has received or will receive any money or other consideration for the withdrawal of its expression of interest. 1 Federal Communications Commission DA 01- 256 2 5. 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