*Pages 1--2 from Microsoft Word - 12793.doc* Federal Communications Commission DA 01- 2625 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 176 Table of Allotments, ) RM- 10191 FM Broadcast Stations. ) (Sykesville, Pennsylvania) ) REPORT AND ORDER (Proceeding Terminated) Adopted: October 31, 2001 Released: November 9, 2001 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making (“ Notice”), 16 FCC Rcd 14730, issued in response to a petition filed on behalf of Sykesville Broadcast ing (“ pet it ioner) proposing the allotment of FM Channel 240A to Sykesville, Pennsylvania, as that communit y’s first local aural transmission service. Pet it ioner filed comment s reit erat ing his int ent ion t o apply for Channel 240A if it is allotted to Sykesville, as request ed. No ot her comment s were received. 2. In view of the interest expressed in providing a first local aural transmission service to Sykesville, Pennsylvania, we will allot Channel 240A to that community, as requested. 3. As stated in the Notice, Channel 240A can be allotted to Sykesville, in conformity wit h the minimum distance separation requirements of Section 73.207( b)( 1) of the Commission’s Rules at cit y reference coordinates 41- 03- 01 NL and 78- 49- 21 WL. Additionally, as Sykesville is located within 320 kilometers of the U. S.- Canadian border, Canadian concurrence has been requested, but not yet received, for Channel 240A at Sykesville. Rat her than delay the opport unit y to file an applicat ion for t his allot ment , we will allot Channel 240A at Sykesville at this time. However, if a const ruct ion permit is granted prior to the receipt of formal concurrence by the Canadian government, the construction permit will include the following condition: “Operation with the facilities specified herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Canada- USA FM Broadcast Agreement, or if specifically objected to by Industry Canada.” 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 December 24, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED t o include Sykesville, Pennsylvania, as follows: City Channel No. 1 Federal Communications Commission DA 01- 2625 2 Sykesville, Pennsylvania 240A 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. A filing window for Channel 240A at Sykesville, Pennsylvania, 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 240A at Sykesville, Pennsylvania, 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