*Pages 1--2 from  Microsoft Word - 52323*
 Federal  Communications  Commission  DA  05-  2695 
 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.  (Cameron  and  Hackberry,  Louisiana) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MB  Docket  No.  05-  138  RM-  11162 
 RM-  11266* 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  12,  2005  Released:  October  14,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  issued  in  response  to  a  petition  for  rule  making  filed  by  Charles  Crawford  (Petitioner”),  requesting  the  allotment  of  Channel 
 296C3  at  Cameron,  Louisiana.  Petitioner  filed  comments  stating  his  continuing  interest  in  pursuing  the  allotment,  and  his  intention  to  apply  for  a  construction  permit.  Pittman  Broadcasting  Services,  LLC 
 (“  Pittman”)  timely  filed  a  counterproposal  proposing  to  allot  Channel  296A  at  Hackberry,  Louisiana.  2  No  other  pleadings  were  received. 


 2.  Petitioner  proposes  to  allot  Channel  296C3  at  Cameron,  Louisiana,  with  a  2000  U.  S.  Census  population  of  1,965  persons,  as  a  first  local  service.  Pittman’s  counterproposal  proposes  to  allot 
 Channel  296A  at  Hackberry,  Louisiana,  with  a  2000  U.  S.  Census  population  of  1,699  persons,  as  a  first  local  service. 


 3.  Both  the  proposal  and  counterproposal  involve  priority  three  (first  local  service).  3  Where,  as  in  this  instance,  listeners  in  each  community  receive  five  or  more  receptive  services,  4  the 
 allotment  is  awarded  to  the  community  with  the  larger  population.  5  Cameron  has  266  more  persons  than  Hackberry.  Thus,  we  believe  the  public  interest  would  be  served  by  allotting  Channel  296C3  at  Cameron, 
 Louisiana,  as  a  first  local  service.  The  proposed  reference  coordinates  are  29-  47-  48  North  Latitude  and 
 1  Arapaho,  Oklahoma,  et  al.,  20  FCC  Rcd  6228  (MB  2005)  (“  Notice”). 
 2  The  counterproposal  was  placed  on  Public  Notice  on  July  29,  2005,  Report  No.  2723,  (RM-  11266*). 
 3  See  Revision  of  FM  Assignment  Policies  and  Procedures,  90  FCC  2d  88,  92  n.  8  (1982).  See  also  Blanchard, 
 Louisiana  and  Stephens,  Arkansas,  10  FCC  Rcd  9828  (1995).  4 
 Both  Cameron  and  Hackberry  are  well-  served  by  at  least  five  full-  time  aural  services.  See  LaGrange  and  Rollingwood,  Mississippi,  10  FCC  Rcd  3337  (1995).  See  also  Family  Broadcasting  Group,  53  RR  2d  662  (Rev.  Bd. 


 1983)  rev.  denied  FCC  83-  559  (Comm.  Nov.  29,  1983)  (The  Commission  considers  areas  which  receive  five  or  more  services  to  be  abundantly  served.) 
 5  See  e.  g.  Rose  Hill,  North  Carolina,  15  FCC  Rcd  10739  (MMB  2000)  (where  competing  proposals  would  provide 
 local  service  and  receive  abundant  reception  services,  population  difference  of  370  persons  was  deciding  factor);  Blanchard,  Louisiana  and  Stephens,  Arkansas,  10  FCC  Rcd  9828  (1995)  (decision  based  on  slight  population 


 difference  of  38  persons);  Bostwick  and  Good  Hope,  Georgia,  6  FCC  Rcd  5796  (MMB  1991)  (decision  based  on  population  difference  of  120  persons). 
1
 Federal  Communications  Commission  DA  05-  2695 
 2 
 93-  19-  30  West  Longitude  consistent  with  the  Commission’s  minimum  distance  separation  requirements.  6  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.  Section  801(  a)(  1)(  A). 


 4.  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  28,  2005,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.202(  b),  IS  AMENDED  for  the  community  listed  below,  as  follows: 


 Community  Channel  No. 
 Cameron,  Louisiana  296C3 
 5.  A  filing  window  period  for  Channel  296C3  for  Cameron,  Louisiana  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. 
 6.  IT  IS  FURTHER  ORDERED,  That  the  petition  for  rule  making  filed  by  Pittman  Broadcasting  Services,  LLC  IS  DISMISSED. 


 7.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 


 6  47  C.  F.  R.  §  73.207. 
2