*Pages 1--6 from Microsoft Word - 40457* Federal Communications Commission DA 04- 2266 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), Table of Allotments, FM Broadcast Stations. (Canton, Illinois) (Cedarville, Illinois) (Clifton, Illinois) (Freeport, Illinois) (Pinckneyville, Illinois) (Farmersburg, Indiana) (Fowler, Indiana) (Madison, Indiana) (Terre Haute, Indiana) (Council Grove, Kansas) (Smith Mills, Kentucky) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 04- 97 RM- 10897 RM- 10898 MB Docket No. 04- 98 RM- 10899 MB Docket No. 04- 99 RM- 10900 MB Docket No. 04- 100 RM- 10901 MB Docket No. 04- 101 RM- 10902 RM- 10903 MB Docket No. 04- 102 RM- 10904 RM- 10905 RM- 10906 MB Docket No. 04- 103 RM- 10907 MB Docket No. 04- 104 RM- 10908 MB Docket No. 04- 105 RM- 10909 RM- 10910 RM- 10911 MB Docket No. 04- 106 RM- 10912 MB Docket No. 04- 107 RM- 10913 RM- 10914 1 Federal Communications Commission DA 04- 2266 2 (Golden Meadow, Louisiana) (Homer, Louisiana) (Ringgold, Louisiana) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 04- 108 RM- 10915 RM- 10916 RM- 10917 RM- 10918 MB Docket No. 04- 109 RM- 10919 MB Docket No. 04- 110 RM- 10920 RM- 10921 RM- 10922 REPORT AND ORDER (Proceeding Terminated) Adopted: July 21, 2004 Released: July 23, 2004 By the Assistant Chief, Audio Division: 1. The Audio Division has before it Notices of Proposed Rule Making 1 setting forth fourteen Petitions for Rule Making to amend the FM Table of Allotments, Section 73.202( b) of the Commission rules, (47 C. F. R. § 73.202( b)) to reserve certain vacant FM allotments for noncommercial educational (“ NCE”) use. 2. As stated in the Notice, the Commission established revised criteria by which a rulemaking proponent may reserve an FM allotment for NCE use that was originally limited to future allotment proceedings. 2 Subsequently, the Commission extended the expanded criteria to existing vacant FM allotments for which a Notice of Proposed Rule Making had been released prior to August 7, 2000, the effective date of the NCE Report and Order. 3 Under this expanded criteria, a proponent must demonstrate that it is technically precluded from using a reserved channel (Channels 201 through 220) and the proposal would provide a first and/ or second NCE radio service to at least 10 percent of the population within the 1 mV/ m contour of the proposed station. 1 Canton, IL, Cedarville, IL, Clifton, IL, Freeport, IL, Pinckneyville, IL, Farmersburg, IN, Fowler, IN, Madison, IN, Terre Haute, IN, Council Grove, KS, Smith Mills, KY, Golden Meadow, LA, Homer, LA, Ringgold, LA, 19 FCC Rcd 6093 (MB 2004) (“ Notice”). 2 Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000) (“ NCE Report and Order”). Previously, the Commission would only reserve a channel in the nonreserved FM band (Channels 221 through 300) if the petitioner demonstrated that no reserved channel could be used in the noncommercial reserve band (Channels 201 through 220) without causing prohibited interference to a Channel 6 TV station or a foreign broadcast station. 3 Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 18 FCC Rcd 6691 (2003) (“ NCE Second Report and Order”). In a Public Notice released September 30, 2003, we invited petitions for rule making to reserve vacant FM allotments for NCE use pursuant to the NCE Second Report and Order. 3 In response to the Public Notice, we received 129 petitions for the reservation of 91 allotments. 2 Federal Communications Commission DA 04- 2266 3 3. We find that the public interest would be served by reserving the above- captioned allotments for NCE use. Each petitioner has expressed a continuing interest in applying for an FM allotment reserved for NCE use, is eligible to do so, and has demonstrated compliance with the expanded criteria set forth in the NCE Report and Order. Accordingly, we adopt each proposal as originally proposed. These are as follows: A. MB Docket No. 04- 97; RM- 10897, RM- 10898 Action: At the request of Illinois State University and Starboard Media Foundation, Inc., we are reserving vacant Channel 277A at Canton, Illinois for NCE use. Coordinates: 40- 28- 27 NL and 90- 03- 01 WL Additional Information: No other comments were received in response to this proceeding. B. MB Docket No. 04- 98; RM- 10899 Action: At the request of The Catholic Diocese of Rockford, we are reserving vacant Channel 258A at Cedarville, Illinois for NCE use. Coordinates: 42- 21- 50 NL and 89- 40- 59 WL Additional Information: Starboard Media Foundation, Inc. filed supporting comments expressing an interest in applying for vacant Channel 258A at Cedarville, if reserved for NCE use. No other comments were received in response to this proceeding. C. MB Docket No. 04- 99; RM- 10900 Action: At the request of Starboard Media Foundation, Inc., we are reserving vacant Channel 297A at Clifton, Illinois for NCE use. Coordinates: 40- 52- 00 NL and 87- 58- 00 WL Additional Information: No other comments were received in response to this proceeding. D. MB Docket No. 04- 100; RM- 10901 Action: At the request of Starboard Media Foundation, Inc., we are reserving vacant Channel 295A at Freeport, Illinois for NCE use. Coordinates: 42- 19- 28 NL and 89- 35- 13 WL Additional Information: No other comments were received in response to this proceeding. E. MB Docket No. 04- 101; RM- 10902; RM- 10903 Action: At the request of Starboard Media Foundation, Inc. and Miller Media, we are reserving vacant Channel 282A at Pinckneyville, Illinois for NCE use. 3 Federal Communications Commission DA 04- 2266 4 Coordinates: 38- 5- 30 NL and 89- 22- 46 WL Additional Information: No other comments were received in response to this proceeding. F. MB Docket No. 04- 102; RM- 10904; RM- 10905; RM- 10906 Action: At the request of American Family Association, Starboard Media Foundation, Inc., and Word Power, Inc., we are reserving vacant Channel 242A at Farmersburg, Indiana for NCE use. Coordinates: 39- 15- 18 NL and 87- 23- 00 WL Additional Information: No other comments were received in response to this proceeding. G. MB Docket No. 04- 103; RM- 10907 Action: At the request of Starboard Media Foundation, Inc., we are reserving vacant Channel 291A at Fowler, Indiana for NCE use. Coordinates: 40- 38- 05 NL and 87- 18- 46 WL Additional Information: No other comments were received in response to this proceeding. H. MB Docket No. 04- 104; RM- 10908 Action: At the request of American Family Association, we are reserving vacant Channel 266A at Madison, Indiana for NCE use. Coordinates: 38- 49- 15 NL and 85- 18- 46 WL Additional Information: Starboard Media Foundation, Inc. and Hanover College filed supporting comments expressing an interest in applying for vacant Channel 266A at Madison, if reserved for NCE use. No other comments were received in response to this proceeding. I. MB Docket No. 04- 105; RM- 10909, RM- 10910, RM- 10911 Action: At the request of Living Proof, Inc. Word Power, Inc. and The Trustees of Indiana University, we are reserving vacant Channel 298B at Terre Haute for NCE use. Coordinates: 39- 30- 14 NL and 87- 26- 37 WL Additional Information: Starboard Media Foundation, Inc. and Indiana State University filed supporting comments expressing an interest in applying for vacant Channel 298B at Terre Haute, if reserved for NCE use. No other comments were received in response to this proceeding. J. MB Docket No. 04- 106; RM- 10912 Action: At the request of Great Plains Christian Radio, Inc., we are reserving vacant Channel 281C3 at Council Grove, Kansas for NCE use. 4 Federal Communications Commission DA 04- 2266 5 Coordinates: 38- 39- 42 NL and 96- 29- 18 WL Additional Information: Starboard Media Foundation, Inc. filed supporting comments expressing an interest in applying for vacant Channel 281C3 at Council Grove, if reserved for NCE use. No other comments were received in response to this proceeding. K. MB Docket No. 04- 107; RM- 10913; RM- 10914 Action: At the request of American Family Association and Starboard Media Foundation, Inc., we are reserving vacant Channel 233A at Smith Mills, Kentucky for NCE use. Coordinates: 37- 47- 26 NL and 87- 55- 23 WL Additional Information: No other comments were received in response to this proceeding. L. MB Docket No. 04- 108; RM- 10915; RM- 10916; RM- 10917: RM- 10918 Action: At the request of American Family Association, Starboard Media Foundation, Inc., Providence Educational Foundation, and Calvary of New Orleans, we are reserving vacant Channel 289C2 at Golden Meadow, Louisiana for NCE use. Coordinates: 29- 14- 00 NL and 90- 15- 00 WL Additional Information: No other comments were received in response to this proceeding. M. MB Docket No. 04- 109; RM- 10919 Action: At the request of American Family Association, we are reserving vacant Channel 272A at Homer, Louisiana for NCE use. Coordinates: 32- 42- 41 NL and 92- 56- 35 WL Additional Information: Starboard Media Foundation, Inc. filed supporting comments expressing an interest in applying for vacant Channel 272A at Homer, if reserved for NCE use. No other comments were received in response to this proceeding. N. MB Docket No. 04- 110; RM- 10920; RM- 10921; RM- 10922 Action: At the request of American Family Association, Starboard Media Foundation, Inc., Southern Cultural Outreach Association, Inc., we are reserving vacant Channel 253C3 at Ringgold, Louisiana for NCE use. Coordinates: 32- 19- 49 NL and 93- 12- 33 WL Additional Information: No other comments were received in response to this proceeding. 4. Accordingly, pursuant to the authority found in 47 U. S. C Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b), and 47 C. F. R. Sections 0.61, 0.204( b) and 0.283, IT IS ORDERED, That effective September 5 Federal Communications Commission DA 04- 2266 6 7, 2004, the FM Table of Allotments, 47 C. F. R Section 73.202( b), IS AMENDED, with respect to the communities listed below, to read as follows: Community Channel No. Canton, Illinois *277A, 300B1 Cedarville, Illinois *258A Clifton, Illinois *297A Freeport, Illinois 221A, 253B, *295A Pinckneyville, Illinois *282A Farmersburg, Indiana *242A Fowler, Indiana *291A Madison, Indiana 244A, *266A Terre Haute, Indiana 260B, 264B, 274B, *298B Council Grove, Kansas *281C3 Smith Mills, Kentucky *233A Golden Meadow, Louisiana *289C2 Homer, Louisiana *272A, 294C2 Ringgold, Louisiana *253C3 5. The window period for filing NCE applications for these allotments will not be opened at this time. Instead, the issue of opening a filing window for these NCE allotments will be addressed by the Commission in a subsequent order. 6. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE TERMINATED. 7. For further information concerning a specific docket, contact Rolanda F. Smith, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 6