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 Federal  Communications  Commission  DA  05-  2498 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Amendment  of  Section  73.  202(  b)  FM  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Big  Pine  Key,  Florida) 


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 MB  Docket  No.  04-  248  RM-  10990 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  September  23,  2005  Released:  September  26,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Petition  for  Reconsideration  filed  by  Call  Communications  Group  (“  Petitioner”),  directed  to  the  Report  and  Order  issued  in  this  proceeding.  1  No 
 comments  or  oppositions  were  filed  in  response  to  the  Petition  for  Reconsideration. 
 2.  Background.  The  Report  and  Order  dismissed  the  Petition  for  Rule  Making  requesting  the  reservation  for  Channel  *239A  at  Big  Pine  Key,  Florida  for  noncommercial  educational  (“  NCE”)  use 


 because  no  comments  were  received  from  the  Petitioner,  or  any  other  party,  supporting  the  NCE  reservation.  The  Report  and  Order  indicated  that  a  showing  of  continuing  interest  is  required  before  a  channel  will  be 
 reserved  for  NCE  use  in  compliance  with  the  Appendix  to  the  Notice.  2  As  such,  the  Report  and  Order  stated  that  the  Commission  will  not  reserve  a  channel  for  NCE  use  to  a  community  absent  an  expression  of 
 interest. 
 3.  Petition  for  Reconsideration.  The  Petitioner  filed  a  Petition  for  Reconsideration  stating  that  the  entity  admits  its  failure  to  file  comments  reiterating  its  expression  of  interest  in  the  NCE 


 reservation  of  Channel  *239A  at  Big  Pine  Key  by  the  comment  deadline  in  this  proceeding.  However,  it  continues  to  maintain  great  interest  in  applying  for  Channel  *239A  at  Big  Pine  Key,  if  reserved  for  NCE 
 use.  Petitioner  states  that  the  reservation  would  provide  the  community  with  new  NCE  programming.  Petitioner  indicates  that  it  already  owns  the  necessary  transmission  equipment  to  broadcast  NCE 
 programming  on  Channel  *239A  at  Big  Pine  Key.  Thus,  Petitioner  requests  the  reservation  of  Channel  *239A  at  Big  Pine  Key  for  NCE  use. 


 4.  Discussion.  We  will  accept  the  Petitioner’s  late-  filed  expression  of  interest  because  the  proceeding  is  uncontested  and  no  prejudice  would  occur  to  other  parties.  3  Accordingly,  we  will  grant  the 
 Petition  for  Reconsideration  by  reserving  Channel  *239A  at  Big  Pine  Key,  Florida  for  NCE  use.  As  stated  in  the  Notice,  the  reference  coordinates  for  Channel  *239A  at  Big  Pine  Key,  Florida  are  24-  40-  00 
 North  Latitude  and  81-  21-  00  West  Longitude. 


 1  See  Big  Pine  Key,  Florida,  20  FCC  Rcd  4326  (MB  2005). 
 2  See  Big  Pine  Key,  Florida,  19  FCC  Rcd  12789  (MB  2004)  (“  Notice”). 
 3  See  Santa  Isabel,  Puerto  Rico,  3  FCC  Rcd  2336  (1998),  aff’d,  4  FCC  Rcd  3412  (1989);  aff’d.  sub  non.  Amor  Family 
 Broadcasting  v.  FCC,  918  F.  2d  960  (D.  C.  Cir.  1990). 
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 Federal  Communications  Commission  DA  05-  2498 
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 5.  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). 
 6.  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 


 November  10,  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: 


 Communities  Channel  No. 
 Big  Pine  Key,  Florida  *239A,  281C1 
 7.  The  window  period  for  filing  NCE  applications  for  Channel  *239A  at  Big  Pine  Key,  Florida  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  an  NCE  filing  window  for  this 
 allotment  will  be  addressed  by  the  Commission  in  a  subsequent  order. 
 8.  IT  IS  ORDERED,  That  the  Petition  for  Reconsideration  filed  by  Petitioner  IS  GRANTED. 


 9.  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 10.  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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