*Pages 1--2 from Microsoft Word - 58733.doc* Federal Communications Commission DA 06- 1531 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. (Savanna, Oklahoma) ) ) ) ) ) ) MB Docket No. 05- 297 RM- 11290 REPORT AND ORDER (Proceeding Terminated) Adopted: July 26, 2006 Released: July 28, 2006 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Notice of Proposed Rule Making issued at the request of Charles Crawford (“ Petitioner”), proposing the allotment of Channel 275A at Savanna, Oklahoma, as the community’s first local aural transmission service. Petitioner has stated that he will file an application to operate a FM station at Savanna if the requested channel is allotted. A later filed minor change application 1 filed by JDC Radio, Inc., licensee of Station KQIB( FM), Channel 275C3, Idabel, Oklahoma, conflicts with the proposed Savanna allotment. This application has been treated as a counterproposal in this proceeding. 2 Petitioner filed comments reiterating his interest in the allotment and pledging to file an application if the channel is allotted. No other comments or counterproposals were filed. 2. In evaluating mutually exclusive allotment proposals, we compare the proposed arrangements of allotments using the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures. 3 We will allot Channel 275A at Savanna because it would satisfy the third allotment priority, first local service, as compared to Station KQIB( FM) ’s application, which proposes a modification of an existing station, which would satisfy the fourth allotment priority, other public interest matters. 3. We will allot Channel 275A at Savanna, Oklahoma, as the community’s first local aural transmission service. Savanna is an incorporated community with a 2000 U. S. Census population of 730 persons. Savanna has its own mayor, post office, volunteer fire department, city offices and a number of local churches. 4. Channel 275A is allotted to Savanna in compliance with the Commission’s rules provided there is a site restriction of 7.0 kilometers (4.3 miles) south at coordinates 34- 46- 00 NL and 95- 1 See File No. BPH- 20050509AAB. 2 See Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, Report and Order, 7 FCC Rcd 4917 (1992) recon. granted in part, Memorandum Opinion and Order, 8 FCC Rcd 4743 (1993). 3 See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982), recon. denied, Memorandum Opinion and Order, 56 RR 2d 448 (1983). 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). 1 Federal Communications Commission DA 06- 1531 2 50- 00 WL. 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 U. S. C. §801( a)( 1)( A). 6. Accordingly, pursuant to the authority contained in 47 U. S. C. §§ 4( i), 5( c)( 1), 303( g), and (r), and 307( b), and 47 C. F. R. §§ 0.61, 0.204( b) and 0.283, IT IS ORDERED That effective September 11, 2006, the FM Table of Allotments, 47 C. F. R. § 73.202( b) IS AMENDED, with respect to the communities listed below, as follows: City Channel No. Savanna, Oklahoma 275A 7. In addition, a copy of this Report and Order will be sent to JDC Radio, Inc., as follows: JDC Radio, Inc. John C. Trent, Esq. P. O. Box 179 Putbrese, Hunsaker and Trent, PC Idabel, Oklahoma, 74745 200 S. Church St. Woodstock, Virginia 22664 (Counsel to JDC Radio, Inc.) 8. A window period for filing applications for Channel 275A at Savanna, Oklahoma, 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. 9. IT IS FURTHER ORDERED, That the application in File No. BPH- 20050509AAB for minor modification of facilities for Station KQIB( FM), Idabel, Oklahoma, IS DISMISSED. 10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 11. For further information concerning a proceeding listed above, contact Victoria M. McCauley, Media Bureau (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 2