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 Federal  Communications  Commission  DA  06-  1075 
 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.  (Caliente  and  Moapa,  Nevada) 


 )  ) 
 )  ) 
 )  ) 
 MB  Docket  No.  05-  146  RM-  11213 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  May  24,  2006  Released:  May  26,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  Before  the  Audio  Division  for  consideration  is  a  Notice  of  Proposed  Rule  Making  1  issued  at  the  request  of  Aurora  Media,  LLC  (“  Petitioner”),  permittee  of  an  unbuilt  station  for  Channel  233C, 
 Caliente,  Nevada.  Petitioner  proposes  to  reallot  Channel  233C  from  Caliente  to  Moapa,  Nevada,  and  modify  the  construction  permit  authorization  to  specify  the  new  community  at  its  current  coordinates.  Petitioner  filed 
 comments  reiterating  its  intention  to  file  an  application  for  a  construction  permit  to  effectuate  the  change  of  community  if  Channel  233C  is  reallotted.  No  counterproposals  or  other  comments  were  received. 


 2.  Petitioner  filed  its  proposal  for  reallotment  in  accordance  with  the  provisions  of  Section  1.420(  i)  of  the  Commission’s  Rules,  2  which  permits  the  modification  of  a  station’s  license  to  specify  a 
 new  community  of  license  while  not  affording  other  interested  parties  the  opportunity  to  file  competing  expressions  of  interest  in  the  proposed  allotment.  3  In  considering  a  reallotment  proposal,  we  compare  the 
 existing  allotment  to  the  proposed  allotment  to  determine  whether  the  reallotment  will  result  in  a  preferential  arrangement  of  allotments.  4 


 1  Mercer  and  Hermitage,  Pennsylvania,  et  al.,  Notice  of  Proposed  Rule  Making,  20  FCC  Rcd  6271  (MB  2005) 
 (“  Notice”)  (This  was  a  multiple  docket  Notice  setting  forth  separate  proposals  while  the  instant  Report  and  Order  pertains  only  to  the  docket  specified  above.). 


 2  47  C.  F.  R.  §  1.420(  i). 
 3  See  Modification  of  FM  and  TV  Authorizations  to  Specify  a  New  Community  of  License,  Report  and  Order,  4 
 FCC  Rcd  4870  (1989),  recon.  granted  in  part,  Memorandum  Opinion  and  Order,  5  FCC  Rcd  7094  (1990). 
 4  The  FM  allotment  priorities  are:  (1)  First  full-  time  aural  reception  service;  (2)  Second  full-  time  aural  reception 
 service;  (3)  First  local  aural  transmission  service;  and  (4)  Other  public  interest  matters.  Co-  equal  weight  is  given  to  Priorities  (2)  and  (3).  See  Revision  of  FM  Assignment  Policies  and  Procedures,  Second  Report  and  Order,  90 


 FCC  2d  88,  91  (1988). 
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 Federal  Communications  Commission  DA  06-  1075 
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 3.  We  recognize  that  the  loss  of  a  potential  service  does  not  raise  the  same  level  of  concern  as  that  of  an  existing  service.  5  However,  we  cannot  make  the  requisite  finding  that  the  proposed 
 reallotment  would  result  in  a  preferential  arrangement  of  allotments.  6  Since  the  proposed  reallotment  of  Channel  233C  to  Moapa  and  the  retention  of  the  channel  at  Caliente  would  provide  each  community  with 
 its  first  local  service  under  Priority  Three,  the  tie-  breaking  mechanism  is  population.  The  proposal  would  provide  a  first  local  service  to  a  smaller  population  at  Moapa,  a  2000  U.  S.  Census  population  of  928 
 persons,  in  comparison  to  the  retention  of  a  first  local  service  at  Caliente,  a  2000  U.  S.  Census  population  of  1,123  persons.  7  Thus,  the  public  interest  is  better  served  by  retaining  Channel  233C  at  Caliente.  8 


 4.  Accordingly,  IT  IS  ORDERED,  That  the  petition  for  rule  making  filed  by  Aurora  Media,  LLC,  IS  DENIED. 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  is  TERMINATED. 
 6.  For  additional  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau  (202)  418-  2738. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 


 5  See  Pelham  and  Meigs,  Georgia,  Report  and  Order,  18  FCC  Rcd  12187  (MB  2003);  Chatom  and  Grove  Hill 
 Alabama,  Report  and  Order,  12  FCC  Rcd  7664  (MMB  1997). 
 6  See  New  Community  of  License,  4  FCC  Rcd  at  4873  (“  If  adoption  of  the  proposed  allotment  plan  would  result  in 
 a  net  service  benefit  for  the  communities  involved  (that  is,  if  the  plan  would  result  in  a  preferential  arrangement  of  allotments),  we  will  adopt  the  proposal.  We  conclude  that  the  best  way  to  ensure  a  preferential  arrangement  of 


 allotments  is  to  apply  the  relevant  FM  or  television  allotment  priorities  and  policies.”). 
 7  See  e.  g.  Meeker  and  Craig,  Colorado,  Report  and  Order,  15  FCC  Rcd  23858  (MB  2000)  (denying  change  of 
 community  of  unbuilt  station  under  priority  two  where  fewer  persons  served  than  original  community  under  priority  three)  . 


 8  Although  we  deny  Petitioner’s  request  for  a  change  of  community,  we  will  subsequently  make  an  editorial 
 change  to  the  FM  Table  to  reflect  the  current  construction  permit  authorization  (FCC  File  No.  BNPH-20050103AFD,  Facility  ID  No.  164097),  at  Caliente  as  Channel  233C. 
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