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 Federal  Communications  Commission  DA  05-  1777 
 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.  (Dallas,  Oregon) 


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 MB  Docket  No.  04-  124  RM-  10936 
 RM-  10937  RM-  10938 
 RM-  10939 


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  June  23,  2005  Released:  June  27,  2005 
 By  the  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division,  on  its  on  motion,  hereby  sets  aside  its  earlier  decision  set  forth  in  the  Report  and  Order  1  in  this  proceeding  pursuant  to  Section  1.113(  a)  of  the  Commission’s  rules.  For  the 
 reasons  discussed  below,  we  are  reserving  vacant  Channel  252C3  at  Dallas,  Oregon  for  noncommercial  educational  (“  NCE”)  use. 


 2.  Background.  Northwest  Community  Radio  Project,  Dallas,  Oregon  Seventh-  day  Adventist  Church,  Radio  Bilingue,  Inc.  and  Lifetime  Ministries,  Inc.  each  filed  a  petition  proposing  the  reservation  of 
 vacant  Channel  252C3  at  Dallas,  Oregon  for  noncommercial  educational  (“  NCE”)  use.  The  Report  and  Order  denied  the  NCE  reservation  requests  because  Channel  252C3  at  Dallas  would  only  provide  a  second 
 NCE  service  to  9,776  persons  (2.5  percent)  of  the  total  population  of  397,890  persons.  In  order  for  a  nonreserved  channel  to  be  reserved  for  NCE  use,  a  proponent  must  demonstrate  that  there  are  no  NCE 
 channels  available  and  the  proposed  NCE  allotment  would  provide  either  a  first  or  second  NCE  service  to  at  least  ten  percent  of  the  population  within  the  proposed  service  area,  such  population  must  exceed  2,000 
 persons.  2  In  this  instance,  the  inclusion  of  NCE  Station  KOAC(  AM)  precluded  such  a  determination. 
 3.  Discussion.  Under  Section  1.113(  a)  of  the  Commission’s  rules,  we  may  modify  or  set  aside  on  our  own  motion  any  action  taken  pursuant  to  delegated  authority  with  30  days  of  the  public  notice  of 
 such  action.  3  The  Report  and  Order  included  both  reserved  and  nonreserved  band  NCE  stations  to  calculate  first  and  second  NCE  service  levels.  We  find  that  the  better  approach  is  to  harmonize  our 
 reservation  policies  with  the  approach  the  Commission  has  adopted  for  its  Section  307(  b)  “fair  distribution”  analysis  for  competing  NCE  FM  applications.  The  Commission  excludes  nonreserved  band 
 station  from  the  fair  distribution  analysis.  4  Accordingly,  we  will  exclude  KOAC(  AM)  from  the 
 1  Dallas,  Oregon,  DA  05-  1477,  released  May  27,  2005 
 2  Reexamination  of  the  Comparative  Standards  for  Noncommercial  Educational  Applicants,  18  FCC  Rcd  6691 
 (2003).  3 
 47  C.  F.  R.  §  1.113(  a)  4 
 See  Reexamination  of  the  Comparative  Standards  for  Noncommercial  Educational  Applicants,  17  FCC  Rcd  13,  132,  13133-  34  (para  3)  (2002)  (declining  to  include  non-  reserved  band  NCE  service  in  NCE  fair  distribution 


 analysis  because  of  the  "potentially  temporary"  nature  of  such  service). 
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 Federal  Communications  Commission  DA  05-  1777 
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 reservation  analysis.  The  NCE  reservation  of  vacant  Channel  252C3  at  Dallas,  Oregon  would  provide  a  first  and/  or  second  NCE  service  to  57,570  persons  (14.5  percent)  of  the  total  population  of  397,890 
 persons.  Therefore,  we  are  reserving  vacant  Channel  252C3  at  Dallas,  Oregon  for  NCE  use.  5 
 4.  The  Commission  will  send  a  copy  of  this  Memorandum  Opinion  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)(  1)(  A). 
 5.  Accordingly,  IT  IS  ORDERED,  that  the  Report  and  Order  in  MB  Docket  No.  04-  124,  IS  SET  ASIDE.  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  FURTHER  ORDERED,  That  effective  August  11,  2005,  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: 


 Communities  Channel  No. 
 Dallas,  Oregon  *252C3 
 6.  The  window  period  for  filing  noncommercial  educational  applications  for  Channel  *252C3  at  Dallas,  Oregon  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  a  filing  window  for  this  NCE 
 allotment  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 
 Peter  H.  Doyle,  Chief  Audio  Division 
 Media  Bureau 


 5  The  reference  coordinates  for  Channel  *252C3  at  Dallas,  Oregon  are  44-  55-  06  NL  and  123-  19-  00  WL. 
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