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 Federal  Communications  Commission  DA  01-  419 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  237 
 Table  of  Allotments,  )  RM-  10006 
 FM  Broadcast  Stations.  ) 
 (Window  Rock,  Arizona)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  February  7,  2001  Released:  February  16,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Commission  considers  herein  the  Notice  of  Proposed  Rule  Making,  (DA  00-  2591), 
 released  November  17,  2000,  issued  in  response  to  a  petition  for  rule  making  filed  by  Western  Indian 
 Ministries,  Inc.  (“  petitioner”),  licensee  of  Station  KWIM,  Channel  274C3,  Window  Rock,  Arizona, 
 proposing  the  substitution  of  Channel  285C2  for  Channel  274C3  and  modification  of  its  license 
 accordingly.  Petitioner  filed  supporting  comments  in  response  to  the  Notice  stating  its  intention  to 
 apply  for  Channel  285C2,  if  allotted.  No  other  comments  were  filed. 


 2.  We  believe  the  public  interest  would  be  served  by  substituting  Channel  285C2  for  Channel 
 274C3  at  Window  Rock,  Arizona,  since  it  could  provide  the  community  with  an  expanded  coverage 
 area  FM  service.  In  accordance  with  Section  1.420(  g)  of  the  Commission’s  Rules,  int  erest  ed  part  ies 
 were  given  an  opportunity  to  file  for  an  additional  equivalent  Class  C2  channel  at  Window  Rock. 
 However,  no  other  expressions  of  interest  were  received.  Therefore,  as  proposed,  we  will  subst  it  ut  e 
 Channel  285C2  for  Channel  274C3  at  Window  Rock,  Arizona,  and  modify  the  license  for  Station 
 KWIM,  as  requested. 


 3.  As  stated  in  the  Notice,  Channel  285C2  can  be  allotted  to  Window  Rock  at  the  present  site 
 of  St  at  ion  KWIM,  locat  ed  3.  3  kilomet  ers  (2  miles)  sout  heast  of  the  communit  y  at  coordinat  es  35-  39-19 
 NL  and  109-  01-  59  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  April  2,  2001  ,  the  FM  Table  of  Allotments, 
 Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  with  respect  to  Window  Rock,  Arizona, 
 as  follows: 
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 Federal  Communications  Commission  DA  01-  419 
 2 
 City  Channel  No. 
 Window  Rock,  Arizona  241C1,  285C2 
 5.  IT  IS  FURTHER  ORDERED,  That  pursuant  to  Section  316(  a)  of  the  Communications  Act 
 of  1934,  as  amended,  the  license  of  Western  Indian  Ministries  (File  No.  BLH-  19951010KC)  for 
 Station  KWIM,  Window  Rock,  Arizona,  IS  MODIFIED  to  specify  operation  on  Channel  285C2  in 
 lieu  of  Channel  274C3,  subject  to  the  following  conditions: 


 (a)  Within  90  days  of  the  effective  date  of  this  Order, 
 the  licensee  shall  submit  to  the  Commission  a  minor 
 change  application  for  a  construction  permit  (Form 
 301),  specifying  the  new  facility; 


 (b)  Upon  grant  of  the  construction  permit,  program  tests 
 may  be  conducted  in  accordance  with  Section  73.1620; 
 and 


 (c)  Nothing  contained  herein  shall  be  construed  to  authorize 
 a  change  in  transmitter  location  or  to  avoid  the  necessity 
 of  filing  an  environmental  assessment  pursuant  to 
 Section  1.1307  of  the  Commission's  Rules. 


 6.  Pursuant  to  Commission  Rule  Section  1.1104(  1)(  k)  and  (3)(  m),  any  party  seeking  a 
 change  in  community  of  license  of  a  television  or  FM  allotment  or  an  upgrade  of  an  existing  FM 
 allotment,  if  the  request  is  granted,  must  submit  a  rule  making  fee  when  filing  its  application  to 
 implement  the  change  in  community  of  license  and/  or  upgrade.  As  a  result  of  this  proceeding, 
 Western  Indian  Ministries,  Inc.,  licensee  of  Station  KWIM,  is  required  to  submit  a  rule  making  fee 
 in  addition  to  the  fee  required  for  the  applications  to  effectuate  the  upgrade  at  Window  Rock. 


 7.  IT  IS  FURTHER  ORDERED,  That  the  Commission's  Office  of  Public  Affairs, 
 Reference  Operations  Division,  SHALL  SEND  a  copy  of  this  Report  and  Order  by  Certified  Mail, 
 Return  Receipt  Requested,  to  the  licensee,  as  follows:  Western  Indian  Ministries,  Inc.,  P.  O.  Box 
 9090,  Window  Rock,  AZ  86515  and  to  Timothy  C.  Cutforth,  P.  C.,  Vice  Chair  of  the  Board, 
 Western  Indian  Ministries,  Inc.,  965  S.  Irving  Street,  Denver,  CO  80219. 


 8.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
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 Federal  Communications  Commission  DA  01-  419 
 3 
 9.  For  further  information  concerning  the  above,  contact  Nancy  Joyner,  Mass  Media 
 Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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