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 Federal  Communications  Commission  DA  06-  1761 
 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.  (Lake  Park,  Florida) 


 Reclassification  of  License  of  Station  WHYI-  FM,  Fort  Lauderdale,  Florida 


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 MB  Docket  No.  05-  147  RM-  10823 
 BLH-  20050225AAQ 
 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  August  31,  2006  Released:  September  5,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  at  the  request  of  Charles  Crawford  (“  Petitioner”)  requesting  the  allotment  of  Channel  262A  at  Lake  Park, 
 Florida,  as  its  first  local  service.  Petitioner  filed  comments,  stating  that  it  would  file  the  necessary  application  to  implement  the  proposed  Lake  Park  allotment,  if  allotted.  No  counterproposals  or  additional 
 comments  were  received  in  response  to  this  proceeding. 
 2.  Background.  The  Notice  proposed  the  allotment  of  Channel  262A  at  Lake  Park,  Florida,  as  its  first  local  service.  To  accommodate  the  proposed  Lake  Park  allotment,  the  Notice  stated  that  Station 


 WHYI-  FM,  Channel  264C,  Fort  Lauderdale,  Florida  must  specify  operation  on  Channel  264C0  in  compliance  with  the  Commission’s  reclassification  procedures.  2  In  this  regard,  we  issued  an  Order  to 
 Show  Cause  directed  to  Clear  Channel  Broadcasting  Licenses,  Inc.  (“  Clear  Channel”),  licensee  of  Station  WHYI-  FM,  Fort  Lauderdale,  Florida,  affording  it  30  days  to  express  in  writing  an  intention  to  seek 
 authority  to  upgrade  Station  WHYI-  FM’s  technical  facilities  to  preserve  Class  C  status,  or  to  otherwise  challenge  the  proposed  action.  3  No  response  was  received  from  Clear  Channel. 


 3.  Discussion.  Based  on  the  foregoing,  we  believe  the  public  interest  will  be  served  by  allotting  Channel  262A  to  Lake  Park,  Florida  because  it  would  provide  that  community  with  a  first  local  service.  4 
 Therefore,  in  accordance  with  the  Commission’s  reclassification  procedures,  noted  above,  we  are  reclassifying  the  license  of  Station  WHYI-  FM  to  specify  operation  on  Channel  264C0  instead  of  Channel 


 1  Lake  Park,  Florida,  Notice  of  Proposed  Rule  Making,  20  FCC  Rcd  19396  (MB  2005). 
 2  See  1998  Biennial  Regulatory  Review—  Streamlining  of  Radio  Technical  Rules  in  Parts  73  and  74  of  the 
 Commission’s  Rules,  Second  Report  and  Order,  15  FCC  Rcd  21649  (2000);  see  also  47  C.  F.  R.  §§  1.  420(  g),  n.  2;  73.  3573,  n.  4. 


 3  See  Reclassification  of  License  of  Station  WHYI-  FM,  Fort  Lauderdale,  Florida,  Order  to  Show  Cause,  19  FCC 
 Rcd  17449  (MB  2004).  4 
 As  stated  in  the  Notice,  Lake  Park  is  an  incorporated  town  listed  in  the  2000  U.  S.  Census  with  a  population  of  8,  721  persons.  Petitioner  states  that  Lake  Park  has  its  own  mayor,  town  manager,  elementary  school,  fire 


 department,  police  department,  post  office,  and  a  number  of  local  churches. 
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 Federal  Communications  Commission  DA  06-  1761 
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 264C  at  Fort  Lauderdale,  Florida.  5 
 4.  Channel  262A  at  Lake  Park  can  be  allotted  consistent  with  the  minimum  distance  separation  requirements  of  the  Commission’s  Rules  at  coordinates  26-  45-  29  NL  and  80-  03-  28  WL.  This  reference 


 site  requires  a  site  restriction  of  4.7  kilometers  (2.9  miles)  south  of  the  community. 
 5.  The  Commission  will  send  a  copy  of  this  Report  and  Order  in  a  report  to  be  sent  to  Congress  and  the  General  Accounting  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.  Sections  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  October  20, 
 2006,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.  202(  b),  IS  AMENDED,  with  respect  to  the  communities  listed  below,  as  follows: 


 City  Channel  No. 
 Fort  Lauderdale,  Florida  264C0,  278C,  290C,  294C 


 Lake  Park,  Florida  262A 
 7.  The  window  period  for  filing  applications  for  Channel  262A  at  Lake  Park  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  this  proceeding  IS  TERMINATED. 
 9.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 


 5  File  No.  BLH-  20050225AAQ. 
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