*Pages 1--3 from Microsoft Word - 53295.doc* Federal Communications Commission DA 05- 3013 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. ) (Hornbeck, Louisiana) ) MB Docket No. 05- 46 ) RM- 11156 ) (Mojave and Trona, California) ) MB Docket No. 05- 109 ) RM- 11192 ) REPORT AND ORDER (Proceedings Terminated) Adopted: November 23, 2005 Released: November 25, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it the Notices of Proposed Rule Making, specified below, setting forth two separate proposals to allot an FM channel to a specific community. In each proceeding, the petitioner filed comments in support of its proposal reaffirming its intention to apply for the specified channel, if allotted. Each proposal complies with all Commission technical requirements and we continue to believe that each proposal would serve the public interest. Accordingly, we adopt each proposal as originally proposed. These are as follows: A. MB Docket No. 05- 46; RM- 11156 Action: At the request of Charles Crawford, we are allotting Channel 269A at Hornbeck, Louisiana, as the community’s first local aural transmission service. 1 Coordinates: The reference coordinates for Channel 269A at Hornbeck, Louisiana, are 31- 18- 42 NL and 93- 28- 12 West Longitude, with a site restriction of 7.2 km (4.5 miles) west of Hornbeck. FCC Contact: Deborah A. Dupont, (202) 418- 7072. B. MB Docket No. 05- 109; RM- 11192 Action: At the request of Dana J. Puopolo, we are allotting Channel 255A at Mojave, California, as the community’s third local FM transmission allotment. 2 In order to accommodate this allotment, we further 1 Hornbeck, Louisiana, and Tennessee Colony, Tennessee, 20 FCC Rcd 2255 (MB 2005). 2 Mojave and Trona, California, Stringtown and Haileyville, Oklahoma, and Cumberland Head, New York, 20 FCC Rcd 5999 (MB 2005). 1 Federal Communications Commission DA 05- 3013 2 substitute Channel 247A for vacant Channel 255A at Trona, California. Coordinates for Channel 255A at Mojave, CA: 35- 06- 07 NL and 118- 04- 41 WL, with a site restriction of 10.3 km (6.4 miles) northeast of Mojave. Coordinates for Channel 247A at Trona, CA: 35- 45- 46 NL and 117- 22- 19 WL, at city reference coordinates without site restriction. Additional Information: Concurrence in the allotment by the Government of Mexico is required because the proposed allotment is located within 320 kilometers (199 miles) of the U. S.- Mexican border. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 255A at Mojave, California, is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: “Operation with the facilities specified herein for Mojave, California, 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 Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.” FCC Contact: Deborah A. Dupont, (202) 418- 7072. 2. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the General Accountability Office pursuant to the Congressional Review Act, see 5 U. S. C. §801( a)( a)( A). 3. Accordingly, pursuant to the authority contained in Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED, That effective January 9, 2006, the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Mojave. California 241A, 249A, 255A Trona, California 247A Hornbeck, Louisiana 269A 4. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail, Return Receipt Requested, a copy of this Order to the following: 2 Federal Communications Commission DA 05- 3013 3 Charles Crawford 4553 Bordeaux Avenue Dallas, Texas 75205 Gene A. Bechtel, Esq. Law Office of Gene Bechtel 1050 17 th Street, N. W. – Suite 600 Washington, D. C. 20036 (Counsel for Charles Crawford) Dana J. Puopolo 1434 24 th Street Santa Monica, CA 90404 5. A filing window for these allotments will not be opened at this time. Instead, the issue of opening these allotments for auction will be addressed by the Commission in a subsequent order. 6. IT IS FURTHER ORDERED, That these proceedings ARE TERMINATED. 7. For further information concerning a specific docket, contact the FCC Contact listed above for that docket. Questions related to the application filing process for channels allotted in these proceedings should be addressed to the Audio Division, Media Bureau, (202) 418- 2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 3