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 Federal  Communications  Commission  DA  04-  3705 
 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.  (Clayton  and  Raton,  New  Mexico) 


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 MB  Docket  No.  04-  220  RM-  10861 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  December  1,  2004  Released:  December  3,  2004 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  ,  issued  at  the  request  of  Clayton  Community  Broadcasters  (“  Petitioner”),  requesting  the  allotment  of  Channel  248C1 
 at  Clayton,  New  Mexico,  as  its  second  FM  commercial  aural  broadcast  service.  2  To  accommodate  Channel  248C1  at  Clayton,  Petitioner  requests  the  deletion  of  vacant  Channel  248C1  at  Raton,  New  Mexico. 
 Petitioner  filed  comments.  No  counterproposals  or  additional  comments  were  received  in  response  to  this  proceeding. 


 2.  The  Notice  proposed  the  allotment  of  Channel  248C1  at  Clayton,  as  its  second  FM  commercial  aural  broadcast  service.  3  To  accommodate  the  proposed  Clayton  allotment,  the  Notice  proposed  the  deletion 
 of  Channel  248C1  at  Raton,  New  Mexico.  4  Petitioner  filed  comments  stating  that  it  would  file  the  necessary  application  to  implement  the  proposed  Raton  allotment,  if  allotted.  No  comments  were  received 
 expressing  an  interest  in  vacant  Channel  248C1  at  Raton  during  the  comment  cycle. 
 3.  Accordingly,  we  are  allotting  Channel  248C1  to  Clayton,  as  its  second  FM  commercial  aural  broadcast  service.  To  accommodate  the  Clayton  allotment,  we  are  deleting  Channel  248C1  at  Raton 


 because  no  interest  was  expressed  in  this  allotment.  In  a  related  content,  we  dismissed  a  counterproposal  in  MB  Docket  No.  03-  57  which,  inter  alia,  proposed  a  substitution  of  channel  248C1  at  Raton.  5  Channel 
 248C1  can  be  allotted  to  Clayton  in  compliance  with  the  Commission’s  spacing  requirements  without  a  site  restriction  at  coordinates  36-  27-  00  NL  and  103-  10-  54  WL. 


 1  Clayton,  New  Mexico,  19  FCC  Rcd  10198  (MB  2004). 
 2  Channel  228A  is  assigned  to  Clayton. 
 3  Clayton  is  the  County  Seat  of  Union  County,  New  Mexico  and  is  listed  in  the  2000  U.  S.  Census  with  a  population 
 of  2,524  persons.  Clayton  has  its  own  post  office,  fire  and  police  departments,  local  school  system,  Tourist  Information  Center  and  numerous  organizations  such  as  the  American  Legion  and  Boy  Scouts  and  Girl  Scouts.  The 


 community  has  a  weekly  newspaper,  The  Union  County  Leader,  two  banks,  several  restaurants  and  a  hospital. 
 4  N’Joy  Broadcasting  filed  an  application  for  Channel  248C1  at  Raton  and  was  granted  a  construction  permit  for 
 Channel  248C1.  That  application  has  been  dismissed  by  letter  on  June  10,  2003.  and  the  call  sign  KGOY  at  Raton,  New  Mexico  was  deleted.  See  BMPH-  20011217AAI. 


 5  An  Application  for  Review  directed  against  that  action  is  pending.  In  view  of  our  action  in  this  proceeding 
 deleting  Channel  248C,  it  will  not  be  an  impediment  on  the  aspects  of  the  Application  for  Review. 
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 Federal  Communications  Commission  DA  04-  3705 
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 4.  The  Commission  will  send  a  copy  of  this  Report  and  Order  in  a  report  to  be  sent  to  Congress  and  the  General  Accounting  Office  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  801(  a)(  1)(  A). 
 5.  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  January  18, 
 2005,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.  202(  b),  IS  AMENDED,  with  respect  to  the  community  listed  below,  to  read  as  follows: 


 Community  Channel  No. 
 Clayton,  New  Mexico  228A,  248C1 
 Raton,  New  Mexico  230C1,  243A 


 6.  The  window  period  for  filing  applications  for  Channel  248C1  at  Clayton,  New  Mexico  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  this  allotment  for  auction  will  be  addressed  by  the 
 Commission  in  a  subsequent  order. 
 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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