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 Federal  Communications  Commission  DA  05-  2699 
 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.  (Oroville,  California) 


 )  ) 
 )  ) 
 )  )  MB  Docket  No.  04-  350  RM-  10815 


 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  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  at  the  request  of  Linda  A.  Davidson  (“  Petitioner”)  requesting  the  allotment  of  Channel  272A  at  Oroville, 
 California,  as  its  second  local  service.  Petitioner  filed  comments.  Deer  Creek  Broadcasting,  LLC  (“  Deer  Creek”)  filed  a  counterproposal.  No  other  comments  or  counterproposals  were  received  in  this  proceeding. 


 2.  Background.  The  Notice  proposed  the  allotment  of  Channel  272A  at  Oroville,  California,  as  its  second  local  service  with  a  site  restriction  of  9.4  kilometers  (5.8  miles)  north  at  reference  coordinates 
 39-  35-  51  NL  and  121-  34-  11  WL.  2  Petitioner  filed  comments  stating  her  intentions  to  file  an  application  to  activate  Channel  272A  at  Oroville,  if  allotted. 


 3.  In  response  to  the  Notice,  Deer  Creek  filed  a  timely  counterproposal.  Deek  Creek  asserts  that  the  proposed  Oroville  allotment  violates  Section  73.315(  a)  of  the  Commission’s  rules  because  the 
 predicted  70  dBu  contour  for  Channel  272A  does  not  cover  the  entire  community  of  Oroville.  In  this  regard,  the  southern  tip  of  the  community  of  Oroville  extends  17.3  kilometers  from  the  proposed 
 transmitter  site.  The  proposed  70  dBu  contour  for  Channel  272A  at  Oroville  only  extends  16.2  kilometers.  Moreover,  Deek  Creek  contends  that  an  adjustment  to  the  reference  coordinates  for  the 
 proposed  Oroville  allotment  could  not  correct  the  city-  grade  coverage  deficiency  without  simultaneously  creating  a  short-  spacing  to  FM  Station  KSFM.  Instead,  Deek  Creek  requests  the  allotment  of  Channel 
 272A  to  Quincy,  California,  as  its  sixth  local  service  at  reference  coordinates  39-  51-  35  NL  and  120-  53-  24  WL. 


 4.  Discussion.  Conflicting  proposals  are  considered  on  a  comparative  basis  consistent  with  the  FM  allotment  priorities  set  forth  in  Revision  of  FM  Assignment  Policies  and  Procedures  in  instances 
 where  no  alternate  channels  are  available.  3  We  find  that  no  comparison  is  needed  in  this  instance. 
 1  Oroville,  California,  19  FCC  Rcd  17452  (MB  2004). 
 2  The  site  restriction  is  necessary  to  avoid  short-  spacing  to  the  license  sites  of  FM  Stations  KCEZ,  Channel  271B1, 
 Los  Molin,  California  and  KSFM,  Channel  273B,  Woodland,  California.  3 
 The  FM  allotment  priorities  are:  (1)  first  full-  time  aural  service;  (2)  second  full-  time  aural  service;  (3)  first  local  service;  and  (4)  other  public  interest  matters.  [Co-  equal  weight  is  given  to  priorities  (2)  and  (3).]  See  Revisions  of 


 FM  Assignment  Policies  and  Procedures,  90  FCC  2d  88  (1982). 
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 Specifically,  the  Deek  Creek  counterproposal  is  defective  because  it  violates  Section  73.315(  a)  of  the  Commission’s  rules.  A  staff  engineering  analysis  determined  that  the  proposed  70  dBu  contour  for 
 Channel  272A  would  not  provide  city-  grade  coverage  to  the  entire  community  of  Quincy  due  to  severe  terrain  obstruction. 


 5.  Moreover,  we  agree  with  Deek  Creek’s  assertion  that  the  Notice’s  proposal  setting  forth  the  allotment  of  Channel  272A  at  Oroville  at  the  above  listed  reference  coordinates  violates  Section  73.315(  a) 
 of  the  Commission’s  rules.  A  further  staff  engineering  analysis  revealed  that  the  proposed  Channel  272A  allotment  would  not  provide  city-  grade  coverage  to  the  entire  community  of  Oroville.  Therefore,  we  are 
 dismissing  the  petition  requesting  the  allotment  of  Channel  272A  at  Oroville  because  the  proposal  would  not  provide  the  community  of  Oroville  with  a  hundred  percent  city-  grade  coverage  pursuant  to  Section 
 73.315(  a)  of  the  Commission’s  rules.  4 
 6.  This  document  is  not  subject  to  the  Congressional  Review  Act.  (The  Commission,  is,  therefore,  not  required  to  submit  a  copy  of  this  Report  and  Order  to  GAO,  pursuant  to  the  Congressional 
 Review  Act,  see  5  U.  S.  C.  801(  a)(  1)(  A)  because  the  proposed  rule  was  dismissed. 
 7.  IT  IS  FURTHER  ORDERED,  That  the  Petition  for  Rulemaking  filed  by  Linda  A.  Davidson  IS  DISMISSED. 


 8.  IT  IS  FURTHER  ORDERED,  That  the  counterproposal  filed  by  Deer  Creek  Broadcasting,  LLC  IS  DISMISSED. 
 9.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceedings  ARE  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 


 4  See  Terrell  and  Daingerfield,  5  FCC  Rcd  556  (1990);  Clemson,  South  Carolina,  2  FCC  Rcd  3583  (MMB  1987); 
 Wadley  and  Dadeville,  Alabama,  60  RR  2d  1462  (MMB  1986) 
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