11 FCC Red No. 3 Federal Communications Commission Record DA 95-2494 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 95-98 In the Matter of Amendment of Section 73.202(b) Table of Allotments, FM Broadcast Stations. (Cheyenne and Saratoga, Wyoming) REPORT AND ORDER (Proceeding Terminated) RM-8603 Adopted: December 15, 1995; Released: January 26, 1996 By the Chief, Allocations Branch: 1. At the request of Rule Communications ("Rule") and KRAE, foe. ("KRAE") (jointly referred to as "petitioners"), the Commission has before it the Notice of Proposed Rule Making, 10 FCC Red 6722 (1995), requesting the allotment of Channel 260A at Cheyenne, Wyoming, as potentially the community's fifth local FM transmission service. To ac­ commodate the allotment, petitioners request the deletion of vacant Channel 260C at Saratoga, Wyoming, or alternatively, the substitution of Channel 277C for vacant Channel 260C at Saratoga.1 Petitioners also request that if Channel 260A is allotted, Rule be allowed to amend its pending application to specify operation on Channel 260A in lieu of Channel 285A. Petitioners filed comments in support of the proposal and Rule reaffirmed its intention to apply for Channel 260A, if allotted with cut-off protec­ tion. No other comments were received. 2. As indicated in the Notice, Rule and KRAE are mutu­ ally exclusive applicants for Channel 285A at Cheyenne, Wyoming, and the allotment of Channel 260A would ac­ commodate both applicants' request for a Class A channel in Cheyenne and avoid the need for a comparative hearing. Because of developments related to our comparative licens­ ing procedures, we are currently unable to designate these applications for a comparative hearing or otherwise resolve these mutually exclusive applications. See Bechtel v. Federal Communications Commission, 10 F.3d 875 (D.C. Cir. 1993). Therefore, the Notice also proposed to allow Rule to amend its application to specify operation on Channel 260A and retain its cut-off protection. In the event there were additional expressions of interest, the Notice indicated that there was an additional Class A channel available at Cheyenne and a Class C channel at Saratoga. 3. We believe the public interest would be served by allotting Channel 260A at Cheyenne, Wyoming, since po­ tentially it would provide the community's with its fifth local FM transmission service and avoid the need for a comparative hearing consistent with our precedent. See, 1 The Notice stated that in the event no expression of interest in retaining Channel 260C at Saratoga was filed, the allotment would be deleted. 1073 e.g., Copeland, Kansas, 5 FCC Red 7682 (1990); Roseburg, Oregon, 6 FCC Red 4369 (1991); and Albion, Nebraska, 10 FCC Red 3183 (1995), rev. denied, 10 FCC Red 11927 (1995). An engineering analysis has determined that Chan­ nel 260A can be allotted to Cheyenne in compliance with the Commission's minimum distance separation require­ ments without the imposition of a site restriction, provided Channel 260C is deleted at Saratoga.2 Since no party has expressed an interest in Channel 260C at Saratoga, either in this proceeding or through filing an application, we will delete the vacant allotment. See Northport, Alabama and Macon, Mississippi, 8 FCC Red 2161; and Oakdale and Campti, Louisiana, 7 FCC Red 7600 (1992). Furthermore, in view of the fact there are no other timely filed expres­ sions of interest for a Class A channel at Cheyenne, we will allow Rule to amend its application (BPH-930923ME) to specify operation on Channel 260A in lieu of Channel 285A and retain cut-off protection. See, e.g., Copeland, Kansas, supra; Roseburg, Oregon, supra; and Albion, Ne­ braska, supra. 4. Accordingly, pursuant to the authority found in Sec~ tions 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 11, 1996, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Cheyenne, Wyoming Saratoga, Wyoming Channel No. 250C, 260A, 264Cl, 285A, 292C3 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 2 The coordinates for Channel 260A at Cheyenne are North Latitude 41-08-18 and West Longitude 104-48-48.