DA 95-1858 Federal Communications Commission Record 10 FCC Red No. 18 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 95-48 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 October 16, 1995, the TV Table of Allotments, Section 73.606(b) of the Commission's Rules, IS AMENDED to include the community listed below, as follows: In the Matter of Amendment of Section 73.606(b), Table of Allotments, TV Broadcast Stations. (Weaverville, California) REPORT AND ORDER (Proceeding Terminated) RM-8590 City Weaverville, California Channel No. 32 Adopted: August 23,1995; Released: August 30,1995 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making, 10 FCC Red 4438 (1995), issued in response to a request filed by Mark C. Alien ("peti tioner") proposing the allotment of UHF television Chan nel 32 to Weaverville, California, as that community's first local television broadcast service. Petitioner submitted late- filed supporting comments in response to the Notice.1 No other comments were received. 2. Weaverville (population 3,370),2 in Trinity County (population 13,063), is located approximately 269 kilometers (167 miles) northwest of Sacramento, Califor nia. 3. Based upon the petitioner's continuing expression of interest, we will allot Channel 32 to Weaverville since it could provide a first local television broadcast service to the community. As stated in the Notice, Weaverville is located within the prohibited co-channel distance separa tion of 174.5 miles (280.8 kilometers) from the Sacra- mento-Stockton, California, television market, one of the major market communities affected by the Commission's current freeze on the filing of petitions for rule making to amend the Television Table of Allotments, or applications therefor, in certain metropolitan areas.3 Therefore, Channel 32 was proposed for allotment to Weaverville at a restricted site located 20.7 kilometers (12.9 miles) north of the com munity at coordinates 40-54-45 and 122-52-15, in confor mity with the minimum distance separation requirements of Sections 73.610 and 73.698 of the Commission's Rules. From the restricted site compliance with the terms of the freeze Order is met.4 5. IT IS FURTHER ORDERED, That ithis proceeding IS TERMINATED. 6. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 1 Petitioner's comments were not accompanied by a motion to accept. However, since this proceeding is uncontested, and the comments simply serve to reaffirm the petitioner's interest in pursuing the proposed allotment of Channel 32 at Weaverville, no prejudice will result from their acceptance. See, EUison Bay, Wisconsin, 9 FCC Red 2327 (1994); see also, Santa Isabel, Puerto Rico, 3 FCC Red 2335 (1988). 2 Population figures are from the 1990 U.S. Census. 3 See Order, Advanced Television Systems and Their Impact on the Existing Television Broadcast Service, 52 FR 28346, published July 29, 1987 ("freeze Order"). 4 Prospective applicants should note that any application sub mitted for Channel 32 at Weaverville that does not specify a site beyond the prohibited co-channel distance separation noted above will not be accepted for filing during the interim freeze. 9380