*Pages 1--2 from  Microsoft Word - 51661*
 Federal  Communications  Commission  DA  05-  2368 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  September  14,  2005  Released:  September  16,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Petition  for  Reconsideration  filed  by  Muddy  Broadcasting  Company  (“  Muddy”)  of  a  Report  and  Order  1  which  allotted  Channel  251C1  at  Madras, 
 Oregon.  To  accommodate  the  allotment  at  Madras,  Channel  253C3  was  substituted  for  Channel  252C3  at  Bend,  Oregon  and  the  license  for  Station  KTWS(  FM)  was  modified  to  reflect  the  channel  change.  In 
 addition,  Channel  255C3  was  substituted  for  vacant  Channel  254C3  at  Prineville  consistent  with  the  Commission’s  Rules  at  the  allotment  site. 


 2.  Background.  Muddy’s  petition  for  rule  making  proposed  the  allotment  of  Channel  251C3  at  Brightwood,  Oregon,  as  the  community’s  first  local  aural  transmission  service.  In  response  to 
 the  Notice,  Madras  Broadcasting  (“  Madras”)  filed  comments  and  a  counterproposal  proposing  the  allotment  of  Channel  251C1  at  Madras,  Oregon  as  the  community’s  first  local  aural  transmission  service.  2 


 3.  Channel  251C1  was  allotted  at  Madras  on  a  comparative  basis  as  the  larger  community  after  finding  that  both  Brightwood  and  Madras  are  communities  for  allotment  purposes  and  deserving  of 
 an  allotment.  It  was  also  determined  that  that  there  were  no  alternate  channels  available  for  allotment  at  Brightwood,  and  that  alternate  channels  available  for  allotment  at  Madras  were  infeasible  or  not 
 equivalent  to  the  requested  Channel  251C.  Muddy  timely  filed  a  Petition  for  Reconsideration  challenging  the  determination  that  no  alternate  channel  would  work  at  Madras. 


 4.  Settlement.  On  July  22,  2005,  Madras  and  Muddy  filed  a  Request  for  Approval  of  Settlement  and  Request  for  Expedited  Action  in  this  matter.  Muddy  also  filed  a  separate  Request  for 
 Withdrawal.  They  state  that  they  have  settled  this  case  pursuant  to  the  Commission’s  recently  announced  settlement  window  and  that  this  is  a  complete  and  rule-  compliant  settlement  because  a  Notice  of  Proposed 
 Rule  Making  has  been  released  and  the  comment  date  fell  on  or  before  June  14,  2005.  They  also  state  that  absent  the  filing  of  Muddy’s  Petition  for  Reconsideration,  the  Report  and  Order  in  this  case  would 
 now  be  final.  Therefore,  they  claim,  this  is  a  universal  settlement  since  there  are  no  issues  left  unresolved  and  no  remaining  proposals  which  are  mutually  exclusive. 


 1  Brightwood,  Madras,  Prineville  and  Bend,  Oregon,  16  FCC  Rcd  18893  (2001). 
 2  Public  Notice  of  the  filing  of  the  counterproposal  was  given  on  September  20,  2000,  Report  No.  2440. 


 In  the  matter  of 
 Amendment  of  Section  73.  202(  b),  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Brightwood,  Madras,  Prineville  and  Bend, 
 Oregon) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MM  Docket  No.  00-  87  RM-  9870 
 RM-  9961 
1
 Federal  Communications  Commission  DA  05-  2368 
 2 
 5.  Consistent  with  the  Public  Notice  3  announcing  a  90-  day  settlement  window  for  certain  pending  FM  allotment  proceedings,  we  will  waive  the  provisions  of  Section  1.420(  j)  and  grant  Muddy 
 and  Madras’  Request  for  Approval  of  Settlement  and  Muddy’s  Request  for  Approval  of  Withdrawal  by  dismissing  the  Petition  for  Reconsideration. 


 6.  Accordingly,  IT  IS  ORDERED  That  the  Petition  for  Reconsideration  filed  by  Muddy  Broadcasting  Company  IS  DISMISSED. 
 7.  IT  IS  FURTHER  ORDERED  That  this  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Victoria  M.  McCauley,  Audio  Division,  Media  Bureau  (202)  418-  2180. 


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


 3  Window  Announced  for  Universal  Settlements  of  Pending  Rulemaking  Proceedings  to  Amend  FM  Table  of 
 Allotments,  20  FCC  Rcd  10756  (MB  2005)  (“  Public  Notice”). 
2