DA 92-42 Federal Communications Commission Record 7 FCC Red No. 2 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 91-234 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Hastings, Nebraska) REPORT AND ORDER (Proceeding Terminated) RM-7745 Adopted: January 13, 1992; Released: January 23, 1992 By the Assistant Chief, Allocations Branch: 1. At the request of Heartland Radio, Inc. ("petition­ er"), licensee of Station KEZH(FM), Hastings, Nebraska, the Commission has before it the Notice of Proposed Rule Making, 6 FCC Red 4808 (1991), proposing the substitu­ tion of Channel 268C for Channel 268C2 at Hastings, Nebraska, and the modification of the license of Station KEZH(FM) to specify operation on the higher class chan­ nel. Petitioner filed supporting comments. No other com­ ments were received. 2. We believe the public interest would be served by allotting Channel 268C at Hastings, Nebraska, because it would enable Station KEZH(FM) to provide an expanded coverage area FM service to the community. Channel 268C can be allotted to Hastings at the site specified by petitioner, which is located 41.5 kilometers (25.8 miles) west of Hastings. 1 As stated in the Notice, the proposal for Hastings must conform with the technical requirements of Section 73.1030(c)(l)-(5) of the Commission's Rules re­ garding the Commission's monitoring station at Grand Island, Nebraska. 3. 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 March 9, 1992, 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: City Hastings, Nebraska Channel No. 251C, 268C 4. IT IS FURTHER ORDERED. That, pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Heartland Radio, Inc. for Station Coordinates at the petitioner's suggested site for Channel 268C are 40-39-28 and 98-52-04. 666 KEZH(FM), Channel 268C2, IS MODIFIED to specify operation on Channel 268C, subject to the following con­ ditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission an 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 of filing an environmental impact statement pursuant to Section 1.1301 of the Commission's Rules. 5. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television 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, Heartland Radio, Inc., licensee of Station KEZH(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Victoria M. McCauley, Mass Media Bureau (202) 634-6530. FEDERAL COMMUNICATIONS COMMISSION Michael C. Ruger Assistant Chief, Allocations Branch Policy and Rules Division Mass Media Bureau