DA 95-1245 Federal Communications Commission Record 10 FCC Red No. 13 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 94-151 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Buffalo and Lamar, Missouri) REPORT AND ORDER (Proceeding Terminated) ORDERED, That effective July 28, 1995, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, to read as follows: RM-8555 Released: June 13,1995Adopted: June 5,1995; By the Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making, 9 FCC Red 7945 (1994), proposing the substitution of Channel 260C3 for Channel 260A at Buffalo, Missouri, and the substitution of Channel 269A for Channel 260A at Lamar, Missouri. The Notice was issued in response to a petition filed jointly by KBFL Broadcasting Company ("KBFL"), licensee of Station KBFL(FM), Buffalo, Missouri, and KHST Broadcasting Company ("KHST"), licensee of Station KHST(FM), Lamar, Missouri. Joint comments were filed by KBFL and KHST restating their intention to apply for the respective channels, if allotted. 1 No other comments were received. 2. We believe the public interest would be served by the substitution of Channel 260C3 for Channel 260A at Buf falo, since it will provide the community with expanded service. Channel 260C3 can be allotted to Buffalo in com pliance with the Commission's minimum distance separa tion requirements at KBFL's specified site.2 As proposed, we will also modify the authorization for Station KBFL(FM) to specify operation on Channel 260C3 in ac cordance with Section 1.420(g) of the Commission's Rules. As requested, we shall also substitute Channel 269A for Channel 260A at Lamar, Missouri, and modify the license for Station KHST(FM) to specify operation on Channel 269A. Channel 269A can be allotted to Lamar at KHST's specified site in accordance with the Commission's spacing requirements.3 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 Community Buffalo, Missouri Lamar, Missouri Channel No. 260C3 269A 4. IT IS FURTHER ORDERED, pursuant to the author ity contained in Section 316 of the Communications Act of 1934, as amended, that the license of Station KBFL(FM), Buffalo. Missouri, IS MODIFIED to specify operation on Channel 260C3, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall file with the Commission a minor change application for 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. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 5. IT IS FURTHER ORDERED, That pursuant to the authority contained in Section 316(a) of the Communica tions Act of 1934. as amended, that the License of Station KHST(FM), IS MODIFIED, to specify operation on Chan nel 269A, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in License BLH-920925KC except for the channel as specified above. Any changes, except those specified require prior authori zation pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with License BLH-920925KC, except for the channel as specified above, and a license application (Form 302) is filed within 10 days of commencement of program tests. 6. Pursuant to Commission Rule Section 1.1104(l)(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, KBFL Broadcasting 1 In conformance with the Commission's general policy of accepting late-filed comments where the proceeding is uncontested, we will accept KBFL and KHST's comments for the purpose of permitting a continuing expression of interest in Channel 260C3 at Buffalo and Channel 269A at Lamar. See Santa Isabel, Puerto Rico, 3 FCC Red 2336 (1988). 2 The coordinates for Channel 260C3 at Buffalo are 37-35-30 and 93-02-30. 3 The coordiantes for Channel 269A at Lamar are 37-25-27 and 94-16-12. 6526 10 FCC Red NO. 13 Federal Communications Commission Record DA 95-1245 Company, licensee of Station KBFL(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the upgrade. 7. IT IS FURTHER ORDERED. That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 6527