*Pages 1--5 from Microsoft Word - 49629.doc* Federal Communications Commission DA 05- 1719 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. ) (Strong, Arkansas) ) MB Docket No. 05- 141 ) RM- 11219 ) (Silver Springs, Nevada) ) MB Docket No. 05- 76 ) RM- 11167 ) (Covington, Oklahoma) ) MB Docket No. 05- 77 ) RM- 11168 ) (Spur, Texas) ) MB Docket No. 05- 87 ) RM- 11166 ) (Poultney, Vermont) ) MB Docket No. 05- 78 ) RM- 11169 REPORT AND ORDER (Proceedings Terminated) Adopted: June 22, 2005 Released: June 24, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it Notices of Proposed Rule Making, specified below, setting forth five separate proposals to allot an FM channel to a specific community. In each proceeding, the petitioner filed comments in support of its proposal reaffirming its intention to apply for the specified channel, if allotted. Each proposal complies with all Commission technical requirements and we continue to believe that each proposal would serve the public interest. Accordingly, we adopt each proposal as originally proposed. These are as follows: A. MB Docket No. 05- 141; RM- 11219 Action: At the request of Charles Crawford, we are allotting Channel 296C3 at Strong, Arkansas, as the community’s first local aural transmission service. 1 Coordinates: The reference coordinates for Channel 296C3 at Strong, Arkansas, are 33- 14- 00 NL and 1 Strong, Arkansas, Roma, Texas, and Romney, West Virginia, DA- 05- 743 (rel. March 23, 2005). 1 Federal Communications Commission DA 05- 1719 2 92- 18- 00 West Longitude. Additional Information: This allotment requires a site restriction of 14.3 km (8.9 miles) north of Strong at the coordinates indicated above. FCC Contact: Deborah A. Dupont, (202) 418- 7072. B. MB Docket No. 05- 76; RM- 11167 Action: At the request of Dana J. Puopolo, we are allotting Channel 273C at Silver Springs, Nevada, as the community’s first local FM transmission allotment. 2 Coordinates: The reference coordinates for Channel 273C at Silver Springs, Nevada, are 39- 30- 00 NL and 118- 40- 48 West Longitude. Additional Information: This allotment requires a site restriction of 47.7 km (29.7 miles) east of Silver Springs at the coordinates indicated above. FCC Contact: Deborah A. Dupont, (202) 418- 7072. C. MB Docket No. 05- 77; RM- 11168 Action: At the request of Charles Crawford, we are allotting Channel 290A at Covington, Oklahoma, as the community’s first local aural transmission service. 3 Coordinates: The reference coordinates for Channel 290A at Covington, Oklahoma, are 36- 18- 26 NL and 97- 31- 31 West Longitude. Additional Information: This allotment requires a site restriction of 5.7 km (3.5 miles) east of Covington at the coordinates indicated above. FCC Contact: Deborah A. Dupont, (202) 418- 7072. D. MB Docket No. 05- 87; RM- 11166 Action: At the request of Jeraldine Anderson, we are allotting Channel 260C3 at Spur, Texas, as the community’s second local aural transmission service. 4 2 Silver Springs, Nevada, Covington, Oklahoma, and Poultney, Vermont, DA 05- 576 (rel. March 4, 2005). 3 Id. 4 Hennessey, Oklahoma, Odin, Illinois, and Spur, Texas, DA 05- 573 (rel. March 4, 2005). 2 Federal Communications Commission DA 05- 1719 3 Coordinates: The reference coordinates for Channel 260C3 at Spur, Texas, are 33- 28- 30 NL and 101- 00- 00 West Longitude. Additional Information: This allotment requires a site restriction of 13.4 km (8.4 miles) west of Spur at the coordinates indicated above. FCC Contact: Deborah A. Dupont, (202) 418- 7072. E. MB Docket No. 05- 78; RM- 11169 Action: At the request of Dana J. Puopolo, we are allotting Channel 223A at Poultney, Vermont, as the community’s first local aural transmission service. 5 Coordinates: The reference coordinates for Channel 223A at Poultney are 43- 31- 06 NL and 73- 14- 06 West Longitude. Additional Information: Channel 223A can be allotted at Poultney at center city reference coordinates, as indicated above, without site restriction. Concurrence in a specially- negotiated short- spaced allotment 6 is required because the proposed allotment is located within 320 kilometers (199 miles) of the U. S. -Canadian border. Although Canadian concurrence has been requested, notification has not been received. If a construction permit for Channel 223A at Poultney, Vermont, is granted prior to receipt of formal concurrence by the Canadian government, the authorization will include the following condition: “Operation with the facilities specified herein for Poultney, Vermont, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Canada- United States FM Broadcast Agreement, or if specifically objected to by Industry Canada.” FCC Contact: Deborah A. Dupont, (202) 418- 7072. 2. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U. S. C. §801( a)( a)( A). 3. Accordingly, pursuant to the authority contained 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 August 8, 2005, the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules, IS AMENDED for the communities listed below, as follows: 5 Silver Springs, Nevada, Covington, Oklahoma, and Poultney, Vermont, DA 05- 576 (rel. March 4, 2005). 6 The allotment would be short- spaced to Station CFQR- FM, Channel 223C1, Montreal, Quebec, Canada. 3 Federal Communications Commission DA 05- 1719 4 Community Channel Number Strong, Arkansas 296C3 Silver Springs, Nevada 273C Covington, Oklahoma 290A Spur, Texas 254A, 260C3 Poultney, Vermont 223A 4. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail, Return Receipt Requested, a copy of this Order to the following: Charles Crawford 4553 Bordeaux Avenue Dallas, Texas 75205 Gene A. Bechtel, Esq. Law Office of Gene Bechtel 1050 17 th Street, N. W. – Suite 600 Washington, D. C. 20036 (Counsel for Charles Crawford) Dana J. Puopolo 2134 Oak Street, Unit C Santa Monica, CA 90405 Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 5. A filing window for these allotments will not be opened at this time. Instead, the issue of opening these allotments for auction will be addressed by the Commission in a subsequent order. 6. IT IS FURTHER ORDERED, That these proceedings ARE TERMINATED. 4 Federal Communications Commission DA 05- 1719 5 7. For further information concerning a specific docket, contact the FCC Contact listed above for that docket. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 5