FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987 Page: 419
ii, 410-642, iii p. ; 28 cm.View a full description of this book.
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Federal Communications Commission Record
Before the
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-201
Amendment of Section 73.202(b).
Table of Allotments,
FM Broadcast Stations.
(Walton and Falmouth,' Kentucky)REPORT AND ORDER
(Proceeding Terminated)
Adopted: December 10, 1986 Released: January 22, 1987
By the Chief, Allocations Branch:
1. The Commission has before it for consideration the
Notice of Proposed Rule Making. 51 FR 20316, June 4,
1986, proposing the allocation of FM Channel 245A to
Walton, Kentucky as the community's first FM channel.
The Notice was issued in response to a petition filed by
Florence Broadcasting Company ("petitioner"). In response
to the Notice. IOK. Inc, ("WIOK"), licensee of
Station WIOK Falmouth, Kentucky, filed a counterproposal2
requesting the substitution of Channel 245A for
Channel 237A and modification of its license to specify
the new channel. Comments and reply comments were
filed by L.M. Communications, Inc. ("LMC").3
2. An engineering review of WIOK's counterproposal
indicates that Channel 245A can be allotted to Falmouth,
Kentucky in compliance with minimum distance separation
requirements at the present transmitter site of Station
WIOK. WIOK states the substitution will allow Station
WLLT (Channel 235). Fairfield, Ohio to improve its
service to densely populated areas within its primary
coverage area. Station WLLT has filed a supporting statement
indicating that if the substitution is made it will
immediately file an application to make the necessary
changes to improve reception in its primary coverage
area. In addition WIOK has submitted engineering data
which demonstrates that the public interest would be
served by the substitution of Channel 245A for Channel
237A since it would permit the use of Channel 237A by
numerous other communities in the area.
3. LMC's comments and reply comments were directed
to the potential conflict between the allocation of Channel
245A at either Walton or Falmouth. Kentucky and its
pending reconsideration proposal to allot FM Channel
245C2 to Paris, Kentucky. The Commission recently denied
LMC's reconsideration petition which renders these
comments moot. See Memorandum Opinion and Order. 51
FR 36401, October 10, 1986.
4. As discussed above, we find the substitution of Channel
245A for Channel 237A at Falmouth, Kentucky is in
the public interest. Accordingly, pursuant to the authority
found 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 9 , 1987,the FM Table of Allotments, Section 73.202(b) of the
Commission's Rules, IS AMENDED to include the community
listed below, as follows:City
Falmouth, KentuckyChannel No.
245A
5. IT IS FURTHER ORDERED. That pursuant to
Section 316(A) of the Communications Act of 1934, as
RM5-003 amended, the license of IOK, Inc. for Station WIOK(FM),
RM-5529 Falmouth, Kentucky, IS MODIFIED, effective March 9,
1987 to specify operation on Channel 245A in lieu of
Channel 237A subject to the following conditions.(a) Nothing contained herein shall be construed as
authorizing any change in license BLH-7668 except
the channel as specified above. Any other changes,
except those so specified under Section 73.1620 of
the Rules, require prior authorization pursuant to
an application for construction permit (FCC Form
(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-7668. except for the
channel as specified above and a license application
(FCC Form 302) is filed within 10 days of commencement
of program tests.
6. IT IS FURTHER ORDERED, That the Secretary of
the Commission SHALL SEND a Copy of this Order by
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
to IOK Inc. 12 Placid Place, Crawfordsville, IN 47933 and
also a copy thereof, by regular mail to its attorney Robert
L. Olender, Esq. Baraff, Koerner, Olender and Hochberg,
P.C. 2033 M Street NW., Washington, D.C. 20036.
7. IT IS FURTHER ORDERED. That the petition
(RM-5003) filed by Florence Broadcasting Company IS
DISMISSED.
8. IT IS FURTHER ORDERED. That this proceeding
IS TERMINATED.
9. For further information concerning this proceeding,
contact D. David Weston, Mass Media Bureau, (202)
634-6530.
FEDERAL COMMUNICATIONS COMMISSION
Mark N. Lipp
Chief. Allocations Branch
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987, book, January 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1609/m1/14/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.