5 FCC Red No. 20 Federal Communications Commission Record DA 90-1263 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 89-564 In the Matter of Amendment of Section 73.202(b ), Table of Allotments, FM Broadcast Stations. (Forrest City, Arkansas) REPORT AND ORDER (Proceeding Terminated) RM-7016 Adopted: September 18, 1990 Released: September 28, 1990 By the Deputy Chief, Policy and Rules Division: 1. The Commission considers herein the Notice of Pro­ posed Rule Making, 4 FCC Red 8530 (1989), issued in response to a petition filed on behalf of Forrest City Broadcasting Company (petitioner), licensee of Station KBFC(FM), Channel 228A, Forrest City, Arkansas, pro­ posing the substitution of Channel 228C3 for Channel 228A and modification of its license to specify operation on the higher powered channel. Petitioner filed support­ ing comments in response to the Notice. No other com­ ments were received. 2. As indicated in the Notice, Channel 228C3 can be allotted to Forrest City, Arkansas, at the petitioner's sug­ gested site, which is 19.1 kilometers (11.9 miles) south­ west of the community/ consistent with the minimum distance separation requirements of the Commission's Rules. 3. In view of the above, we believe the public interest would be served by substituting Channel 228C3 for Chan­ nel 228A at Forrest City, Arkansas, since it would provide an expanded coverage FM service to the community. Therefore, in accordance with the provisions of Section 1.420(g) of the Commission's Rules, we are modifying herein the license of Forrest City Broadcasting Company to specify operation on Channel 228C3 in lieu of Channel 228A, as requested.2 4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(l), 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 November 13, 1990, the FM Table of Allotments, Section 73.202(b) of the Commis­ sion's Rules, IS AMENDED with respect to the commu­ nity listed below, as follows: City Forrest City, Arkansas Channel No. 228C3 5707 5. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license issued to Forrest City Broadcasting Company for Station KBFC(FM) IS MODIFIED effective November 13, 1990, to specify operation on Channel 228C3 in lieu of Channel 228A, 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 per­ mit (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 im­ pact statement pursuant to Section 1.1301 of the Commission's Rules. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning the above, con­ tact Nancy Joyner, Mass Media Bureau, (202) 634-6530. FEDERAL COMMUNICATIONS COMMISSION Kathleen B. Levitz Deputy Chief Policy and Rules Division Mass Media Bureau FOOTNOTES 1 Coordinates at the petitioner's suggested site for Channel 228C3 at Forrest City are 34-52-36 and 90-55-00. 2 Because this allotment is made as a result of a petition for rule making filed prior to October 2, 1989, the licensee may avail itself of the provisions of Section 73.213(c) of the Commis­ sion's Rules. See 47 CFR § 73.213(c).