*Pages 1--2 from  Microsoft Word - 23025.doc*
 Federal  Communications  Commission  DA  02-  3166 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MB  Docket  No.  02-  192  Table  of  Allotments,  )  RM-  10507 
 FM  Broadcast  Stations.  )  (Albany,  Vermont  )  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  November  6,  2002  Released:  November  15,  2002 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  petition  filed  by  Lutterloh  Community  Broadcasters  (“  Lutterloh”),  the  Commission  has  before  it  for  consideration  the  Notice  of  Proposed  Rule  Making  1  seeking  the  allotment  of  Channel  233A  at 
 Albany,  Vermont.  Lutterloh  filed  comments  in  which  it  reaffirmed  its  support  in  the  allotment  of  Channel  233A  at  Albany.  No  other  comments  were  received  at  the  Commission  in  response  to  the  Notice. 


 2.  We  believe  that  the  public  interest  would  be  served  by  the  allotment  of  Channel  233A  at  Albany,  Vermont,  as  it  will  provide  the  community  with  an  its  first  local  FM  broadcast  service.  Channel  233A  can  be 
 allotted  to  Albany  in  compliance  with  the  Commission's  minimum  distance  separation  requirements  with  a  site  restriction  4.6  kilometers  (2.8  miles)  northeast  of  the  community.  2  Although  concurrence  of  the  Canadian 
 Government  has  been  requested  for  the  allotment  of  Channel  233A  at  Albany  as  a  specially  negotiated  short-spaced  allotment,  concurrence  has  not  been  received.  Therefore,  operation  with  the  facilities  specified  for  the 
 allotment  of  Channel  233A  at  Albany  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  USA-  Canadian  FM 
 Broadcast  Agreement  or  if  specifically  objected  to  by  Canada. 
 3.  Accordingly,  pursuant  to  of  the  Communications  Act  of  1934,  as  amended,  and  Sections  0.61,  0.204(  b)  and  0.283  of  the  authority  contained  in  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r)  and  307(  b) 
 Commission's  Rules,  IT  IS  ORDERED,  That  effective  December  30,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  for  the  community  listed  below,  as  follows: 


 1  Albany,  Vermont,  17  FCC  Rcd  13799  (MB  2002). 
 2  The  coordinates  for  Channel  233A  at  Albany  are  44-  45-  26  and  72-  20-  09. 
1
 2 
 Federal  Communications  Commission  DA  02-  3166 
 Community  Channel  Number 
 Albany,  Vermont  233A 
 4.  A  filing  window  for  Channel  233A  at  Albany,  Vermont,  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. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
2