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 Federal  Communications  Commission  DA  06-  12 
 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.  (Augusta,  Kentucky) 


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 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  January  4,  2006  Released:  January  6,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Petition  for  Reconsideration  filed  on  behalf  of  Augusta/  Bracken  Broadcasting  (“  Petitioner”)  directed  to  a  letter  returning  the  Petition  for  Rule  Making 
 proposing  a  Channel  294A  allotment  at  Augusta,  Kentucky.  An  Opposition  accompanied  by  a  Motion  to  Accept  Opposition  to  the  Petition  for  Reconsideration  was  filed  by  Grant  County  Broadcasting  (“  GCB”), 
 licensee  of  Station  WNKR(  FM),  Channel  293A,  Williamstown,  Kentucky. 
 2.  Background.  On  July  6,  2005,  Petitioner’s  Petition  for  Rule  Making  was  returned  by  letter  because  it  was  not  consistent  with  Section  73.207(  b)(  1)  of  the  Commission’s  Rules.  Specifically,  at  the 
 coordinates  provided  (38-  49-  56  NL  and  83-  51-  37  WL),  the  site  was  short-  spaced  to  the  licensed  and  application  sites  for  Station  WNKR(  FM),  Williamstown,  Kentucky. 


 3.  Petition  for  Reconsideration.  In  the  Petition  for  Reconsideration,  the  Petitioner  argues  that  there  was  a  typographical  error  in  the  reference  coordinates  provided  in  the  Petition  for  Rule  Making 
 proposing  the  allotment  of  Channel  294A  at  Augusta,  Kentucky,  as  the  community’s  first  local  aural  transmission  service.  Petitioner  provided  the  correct  coordinates  (38-  49-  56  NL  and  83-  51-  27  WL)  and 
 recognized  that  this  site  is  still  short-  spaced  to  the  application  site  for  Williamstown,  Kentucky  (File  No.  20050510AAI).  Because  the  application  was  filed  a  day  after  the  petition,  Petitioner  claims  that  under  the 
 procedures  for  the  Conflicts  Between  Applications  and  Petitions  for  Rule  Making  to  Amend  the  FM  Table  of  Allotments,  the  application  should  be  considered  as  a  counterproposal  in  the  context  of  the  instant 
 proceeding.  1  Petitioner  also  requested  that  its  Petition  for  Rule  Making  be  reinstated  using  the  correct  coordinates. 


 4.  In  its  opposition,  GCB  reiterates  that  the  original  Augusta  proposal  was  short-  spaced  to  both  the  licensed  and  application  sites  for  Station  KNKR(  FM)  in  Williamstown,  Kentucky.  In  this  regard, 
 GCB  argues  that  we  should  not  prejudice  its  application  by  considering  a  corrected  Petition  for  Rule  Making. 


 5.  Discussion.  Reconsideration  is  warranted  only  if  the  Petitioner  sets  forth  error  of  fact  or  law,  or  presents  new  facts  or  changed  circumstances  which  raise  substantial  or  material  questions  of  fact 
 which  otherwise  warrant  reconsideration  of  the  prior  action.  Although  Petitioner  argues  that  there  was  a 


 1  See  7  FCC  Rcd  4917  (1992). 
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 Federal  Communications  Commission  DA  06-  12 
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 typographical  error  in  the  Petition  for  Rule  Making,  the  correct  coordinates  are  not  consistent  with  the  Commission’s  spacing  requirements.  Specifically,  the  correct  coordinates  are  still  short-  spaced  to  the 
 application  site  for  Channel  294A,  Williamstown,  Kentucky.  As  Petitioner  states,  generally  conflicting  timely-  filed  applications  are  considered  as  counterproposals  in  rulemaking  proceedings.  Here,  the 
 petition  does  not  warrant  reconsideration  because  it  is  impossible  to  resolve  the  discrepancy  in  the  reference  coordinates  on  the  basis  of  the  filings.  The  “petition  for  rule  making,”  the  most  essential 
 component  in  a  filing  to  amend  the  FM  Table  of  Allotments,  incorrectly  lists  the  coordinates  three  times.  The  “correct”  coordinates  are  listed  only  once  in  an  engineering  exhibit  to  the  petition.  This  case 
 highlights  the  critical  importance  of  consistently  listing  correct  coordinates  in  petitions  and  counterproposals.  In  view  of  the  above,  we  find  no  public  interest  reason  to  reinstate  the  Petition  for  Rule 
 Making  in  this  proceeding.  Accordingly,  we  deny  the  Petitioner’s  Petition  for  Reconsideration. 
 6.  The  Commission  will  not  send  a  copy  of  this  Order  pursuant  to  the  Congressional  Review  Act,  See  5  U.  S.  C.  801(  a)(  1)(  A),  because  the  aforementioned  Petition  for  Consideration  was  denied. 


 7.  IT  IS  FURTHER  ORDERED  That  the  Petition  for  Reconsideration  filed  by  the  Augusta/  Bracken  Broadcasting,  IS  DENIED. 
 8.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 9.  For  further  information  concerning  this  proceeding,  contact  Sharon  P.  McDonald,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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