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 Federal  Communications  Commission  DA  05-  292 
 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.  (Rhinelander,  Wisconsin) 


 )  ) 
 )  ) 
 )  ) 
 )  MB  Docket  No.  04-  288  RM-  11045 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  2,  2005  Released:  February  4,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  issued  at  the  request  of  Results  Broadcasting  of  Rhinelander,  Inc.  ("  Petitioner"),  requesting  the  allotment  of  Channel  243C3  at 
 Rhinelander,  Wisconsin,  as  the  community’s  fourth  local  FM  transmission  service.  Petitioner  filed  comments  reiterating  its  interest  in  the  allotment  and  pledging  to  file  an  application,  construct  facilities 
 and  commence  operation,  if  authorized.  No  counterproposals  or  additional  comments  were  received  in  response  to  this  proceeding. 


 2.  We  believe  that  the  allotment  of  Channel  243C3  at  Rhinelander  will  serve  the  public  interest.  Rhinelander  is  a  community  for  allotment  purposes  because  it  is  listed  in  the  U.  S.  Census.  2 
 Furthermore,  the  allotment  of  Channel  243C3  at  Rhinelander  covers  100%  of  the  community,  and  will  provide  a  fourth  local  service  which  serves  Priority  (4)  of  the  FM  Allotment  Priorities.  3 


 3.  Channel  243C3  is  allotted  at  Rhinelander  with  a  site  restriction  of  14.9  kilometers  (9.3  miles)  east  of  the  community.  4 
 4.  Rhinelander  is  located  within  320  kilometers  (200  miles)  of  the  U.  S.-  Canadian  border  and  Canadian  concurrence  in  the  allotment  has  been  requested  but  has  not  yet  been  received.  However, 
 we  will  allot  Channel  243C3  to  Rhinelander  at  this  time.  If  a  construction  permit  is  granted  prior  to  the  receipt  of  formal  concurrence  in  the  allotment  by  the  Canadian  government,  the  construction  permit  will 
 include  the  following  condition:  “Operation  with  the  facilities  specified  herein  is  subject  to  modification,  suspension  or,  termination  without  right  to  hearing,  if  found  by  the  Commission  to  be  necessary  in  order  to 
 conform  to  the  Canada-  United  States  FM  Broadcast  Agreement  or  if  specifically  objected  to  by  Industry  Canada.” 


 5.  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 
 1  See  Booneville,  Kentucky,  Rhinelander,  Wisconsin,  19  FCC  Rcd  14603  (MB  2004). 
 2  Rhinelander  has  a  population  of  7,735  persons,  according  to  the  2000  U.  S.  Census. 
 3  Stations  WHDG(  FM),  WRHN(  FM),  and  noncommercial  Station  WXPR(  FM)  are  also  licensed  to  the  community. 
 4  Coordinates  for  Channel  243C3  at  Rhinelander  are  45-  39-  43  NL  and  89-  13-  25  WL. 
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 Federal  Communications  Commission  DA  05-  292 
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 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 


 March  21,  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: 


 Community  Channel 
 Rhinelander,  Wisconsin  243C3,  248C1,  261C1 
 7.  A  filing  window  period  for  Channel  243C3  for  Rhinelander,  Wisconsin  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. 
 8.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 9.  For  further  information  concerning  this  proceeding,  contact  Victoria  M.  McCauley,  Media  Bureau  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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