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 Federal  Communications  Commission  DA  01-  402 
 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. 
 (Aspen,  Colorado) 


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 MM  Docket  No.  00-  215 
 RM-  9994 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  7,  2001  Released:  February  16,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  Before  the  Allocations  Branch  for  consideration  is  a  Notice  of  Proposed  Rule  Making  1 
 issued  at  the  request  of  Roaring  Forks  Broadcasting  (“  petitioner”)  proposing  to  amend  the  FM  Table  of 
 Allotments,  Section  73.202(  b)  of  the  Rules  to  allot  Channel  228A  at  Aspen,  Colorado,  as  the  community’s 
 third  local  FM  commercial  service.  Petitioner  filed  comments  reiterating  its  intention  to  file  an  application 
 for  construction  permit  at  Aspen  and  bid  at  auction  if  the  channel  is  allotted.  We  received  no  other 
 comments  or  counterproposals. 


 2.  We  believe  that  the  community  of  Aspen,  Colorado,  is  deserving  of  an  additional 
 allotment.  A  staff  engineering  analysis  of  the  community  shows  that  Channel  228A  can  be  allotted  at 
 Aspen.  2  Channel  228A  can  be  allotted  at  Aspen  consistent  with  the  minimum  distance  separation 
 requirements  of  Section  73.207(  b)  and  the  principal  community  coverage  requirements  of  Section 
 73.315(  a)  of  the  Commission’s  Rules  without  a  site  restriction. 


 3.  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  April  2,  2001,  the  FM  Table  of  Allotments,  Section 
 73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED,  with  respect  to  the  community  listed  below,  as 
 follows: 


 Community  Channel  No. 
 Aspen,  Colorado  249C3,  296C3,  228A 
 4.  A  window  period  for  filing  applications  for  these  allotments  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. 


 1  See  Notice  of  Proposed  Rule  Making  in  MM  Docket  00-  215,  DA  00-  2422,  65  FR  67691  (November  13, 
 2000)  ____  FCC  Rcd  ____  (October  27,  2000). 
 2  The  coordinates  for  Channel  228A  at  Aspen  are  39-  11-  24  NL  and  106-  49-  06  WL. 
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 Federal  Communications  Commission  DA  01-  402 
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 5.  IT  IS  FURTHER  ORDERED  That  the  above  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Victoria  M.  McCauley  (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 
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