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 Federal  Communications  Commission  DA  02-  693 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Amendment  of  Section  73.  202(  b),  Table  of  Allotments, 
 FM  Broadcast  Stations. 
 (Olathe,  Colorado) 


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 MM  Docket  No.  99-  28  RM-  9438 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  March  13,  2002  Released:  March  22,  2002 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Chief,  Allocations  Branch,  has  before  it  a  Notice  of  Proposed  Rule  Making  (“  NPRM”),  14  FCC  Rcd  2275  (1999),  in  this  proceeding,  issued  in  response  to  a  rulemaking  petition  filed 
 by  Mountain  West  Broadcasting.  The  NPRM  proposed  the  allotment  of  Channel  270C2  to  Olathe,  Colorado.  Mountain  West  filed  comments,  including  a  continuing  expression  of  interest  in  the  Olathe 
 allotment.  A  timely  counterproposal  was  filed  jointly  by  the  Meadowlark  Group,  Inc.,  permittee  and  transferor  of  Station  KAVD(  FM),  Limon,  Colorado,  and  ColoRadio,  Inc.,  transferee  of  Station  KAVD. 
 Mountain  West  filed  reply  comments. 
 2.  In  their  jointly  filed  counterproposal,  the  transferor  and  transferee  of  Station  KAVD(  FM),  Channel  276C1,  Limon,  Colorado,  proposed  to  upgrade  Station  KAVD(  FM)  by  substituting  Channel 


 276C  for  Channel  276C1  at  Limon,  to  reallot  the  upgraded  channel  to  Parker,  Colorado,  as  the  community’s  first  local  service,  and  to  modify  the  license  of  the  station  accordingly,  pursuant  to  Section 
 1.420(  i)  of  the  Commission’s  Rules.  In  order  to  make  the  proposed  changes  to  Station  KAVD,  the  counterproposal  proposed  that  (1)  Channel  288C2  be  substituted  for  Channel  276C2  at  Avon,  Colorado, 
 and  the  license  for  Station  KZYR(  FM),  Avon,  CO  be  modified  accordingly;  (2)  Channel  274C  be  substituted  for  vacant  Channel  273C  at  Craig,  Colorado;  (3)  Channel  270C  be  substituted  for  Channel 
 287C  at  Rifle,  Colorado  and  the  license  for  Station  KZKS(  FM),  Rifle,  CO  be  modified  accordingly;  and  (4)  Channel  228C  be  substituted  for  vacant  Channel  275C  at  Imperial,  Nebraska.  The  counterproposal’s 
 proposed  substitution  of  Channel  270C  at  Rifle  conflicted  with  the  NPRM’s  proposal  to  allot  Channel  270C2. 


 3.  On  January  14,  2002,  the  Meadowlark  Group,  Inc.,  licensee  of  Station  KAVD(  FM),  requested  a  withdrawal  of  its  counterproposal  in  this  proceeding  because  its  interest  in  a  station  at  Parker 
 had  been  accommodated  in  a  different  rulemaking  proceeding.  Specifically,  the  Chief,  Allocations  Branch,  had  reallotted  Channel  276C1  to  Parker,  Colorado,  for  use  by  Station  KAVD(  FM),  in  MM 
 Docket  No.  00-  6.  See  McCook,  Nebraska,  et  al.,  DA  01-  1081,  released  April  27,  2001.  The  Meadowlark  Group  submitted  an  affidavit  stating  that  it  received  no  consideration  for  the  withdrawal  of  its 
 counterproposal  in  MM  Docket  99-  28.  Since  this  request  complies  with  Section  1.420(  j)  of  the  Rules,  we  will  approve  the  request  and  dismiss  the  counterproposal. 
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 Federal  Communications  Commission  DA  02-  693 
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 4.  With  the  dismissal  of  Meadowlark’s  counterproposal,  there  is  only  one  remaining  allotment  proposal  in  this  proceeding  –  that  is,  the  NPRM’s  proposal  to  allot  channel  270C2  to  Olathe, 
 Colorado.  We  believe  that  the  public  interest  would  be  served  by  allotting  Channel  270C2  to  Olathe  because  this  would  provide  Olathe  with  a  second  local  transmission  service  1  and  because  we  have  a 
 continuing  expression  of  interest  in  the  allotment  by  the  petitioner.  Channel  270C2  can  be  allotted  to  Olathe  at  reference  coordinates  38-  36-  18  and  107-  58-  54  without  a  site  restriction  in  compliance  with  the 
 Commission’s  technical  requirements  for  spacing  and  city  grade  coverage. 
 5.  Accordingly,  pursuant  to  the  authority  found  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  May  6,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission’s  rules,  IS  AMENDED,  with  respect  to  the  community  listed  below,  to 
 read  as  follows: 
 Community  Channel  No. 
 Olathe,  Colorado  270C2,  293C 
 6.  A  filing  window  for  Channel  270C2  at  Olathe  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  the  allotment  for  auction  will  be  addressed  by  the  Commission  in  a  subsequent 


 Order. 
 7.  IT  IS  FURTHER  ORDERED,  That  the  counterproposal  jointly  filed  by  the  Meadowlark  Group,  Inc.  and  ColoRadio,  Inc.,  IS  DISMISSED. 


 8.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 9.  For  further  information  concerning  this  proceeding,  contact  Andrew  J.  Rhodes,  Mass  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 1  We  recently  allotted  Channel  293C  to  Olathe,  Colorado,  as  a  first  local  transmission  service  in  MM  Docket  98-188. 
 See  Panonia  and  Olathe,  CO,  DA  01-  1909,  released  December  14,  2001. 
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