DA 92-49 Federal Communications Commission Record 7 FCC Red No. 3 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 91-239 In the Matter of Amendment of Section 73.202(b), Table of Allotments. FM Broadcast Stations. (Antigo, Wisconsin) REPORT AND ORDER (Proceeding Terminated) RM-7769 Adopted: January 23, 1992; Released: February 4, 1992 By the Assistant Chief. Allocations Branch: I. The Commission has before it for consideration the Notice of Proposed Rule Making, 6 FCC Red 4925 (1991). proposing the allotment of Channel 29JC3 1 to Antigo. Wisconsin. as that community's second FM broadcast ser­ vice. The iVotice was issued in response to a petition filed by Nicolet Broadcasting, Inc. ("petitioner"). Petitioner filed comments reaffirming its interest in the allotment of Channel 291C3 at Antigo. Thorp Broadcasting filed a counterproposal. which has not been accepted. 2 2. We believe the public interest would be served by allotting Channel 291C3 to Antigo. Wisconsin. in order to provide the community with a second broadcast service. As indicated in the Notice, Channel 291C3 can be allotted to Antigo consistent with the Commission's spacing re­ quirements without a site restriction:! Since Antigo is located within 320 kilometers (200 miles) of the U.S.-Canadian border. concurrence of the Canadian gov­ ernment has been obtained for this allotment. 3. 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 March 20, 1992, the FM Table of Allotments. Section 73.202(b) of the Commission's Rules. IS AMENDED for the community listed below, to read as follows: Community Antigo. Wisconsin Channel No. 287C 1. 291 C3 Petitioner originally requested the allotment of Channel 2.J2C3 to Antigo. However. to avoid a short spacing to Channel 2.J2A. Station WEZR, Brillion, Wisconsin. we proposed the al­ lotment of Channel 291C3. The construction permit for Station WEZR, Brillion. was amended to specify operation on Channel 298A in lieu of Channel 242A. effective July I. 1991. See 6 FCC Red 2624 ( 1991 ). A Notice was adopted on July 8, 1991, propos­ ing the substitution of Channel 298C3 for Channel 298A at Brillion and modification of its construction permit accordingly. 934 4. The window period for filing applications will open on March 23, 1992, and close on April 22, 1992. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 634-6530. FEDERAL COMMUNICATIONS COMMISSION Michael C. Ruger Assistant Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 2 The counterproposal filed by Thorp Broadcasting has not been accepted for consideration as it did not contain the re­ quired certificate of service or any indication Nicolet Broadcast­ ing was served with a copy of the counterproposal. See paragraph 4 of the Appendix to the Notice and Sections l.420(a), (b) and (c) of the Commission's Rules. In addition, the counter­ ~roposal was unsigned, in violation of Section 1.52 of our Rules. The coordinates for Channel 291C3 are 45-08-54 and 89-09-00.