*Pages 1--2 from Microsoft Word - 55098.doc* Federal Communications Commission DA 06- 341 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MB Docket No. 05- 118 Table of Allotments, ) RM- 11183 FM Broadcast Stations. ) RM- 11301 (Cuba and Knoxville, Illinois,) 1 ) RM- 11302 REPORT AND ORDER (Proceeding Terminated) Adopted: February 15, 2006 Released: February 17, 2006 By the Assistant Chief, Audio Division, Media Bureau: 1. In response to a Petition for Rule Making filed by Paul B. Christensen (“ Petitioner”) the Audio Division considers herein a Notice of Proposed Rule Making 2 proposing the allotment of Channel 291A to Knoxville, Illinois, as that community’s second local aural transmission service (RM- 11183). Starboard Media Foundation, Inc. has filed a timely counterproposal requesting that the Commission allot Channel 291A to Knoxville as a channel reserved for noncommercial educational use at Knoxville (RM- 11302). Cuba Radio Partners (“ Cuba Radio”) has filed a timely counterproposal requesting that Channel 292A be allotted to Cuba, Illinois, as a first local aural transmission service to that community (RM- 11301). For the reasons stated below, we allot Channel 292A to Cuba, Illinois. 2. Each of the two counterproposals is mutually exclusive with each other and with Petitioner’s proposal. Each of the three proposals meets our basic qualifications requirements. The Commission evaluates conflicting allotment proposals pursuant to the FM allotment priorities. 3 In this case, each of the Knoxville proposals involves adding a second local aural transmission service to Knoxville (priority 3), not (priority (3)), while the Cuba proposal would provide a first local aural transmission to Cuba. We conclude that the public interest would be served by the allotment of Channel 292A to Cuba, Illinois, because it will provide a first local aural transmission service to that community. Cuba is an incorporated city with a 2000 U. S. Census population of 1,418. In addition, Cuba Radio asserts that Cuba has its own police department, fire rescue squad, post office, and zip code, several local churches and health care services, a few fraternal organizations, and numerous commercial establishments. Thus, Cuba is a community to which an FM allotment can be made. In addition, Channel 292A can be allotted to Cuba, Illinois, consistent with the Commission’s technical 1 Cuba has been added to the caption. 2 Knoxville, Illinois., 20 FCC Rcd 6013 (MB 2005). 3 See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). 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).) See also Second Report and Order in Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 18 FCC Rcd 6691 (2003) at 6705. 1 Federal Communications Commission DA 06- 341 2 requirements at coordinates of 40- 25- 50 NL and 90- 14- 05 WL, with a site restriction of 7.9 kilometers (4.9 miles) southwest of Cuba, Illinois. 3. 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. Section 801( a)( 1)( A). 4. 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 0.6l, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED, That effective April 3, 2006, the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules IS AMENDED for the community listed below, as follows: Community Channel Number Cuba, Illinois 292A 5. A filing window for Channel 292A at Cuba, Illinois, 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. 6. IT IS FURTHER ORDERED, That the aforementioned Counterproposal (RM- 11301) filed by Cuba Radio Partners IS GRANTED. 7. IT IS FURTHER ORDERED, That the Petition for Rule Making (RM- 11183) filed by Paul B. Christensen IS DENIED. 8. IT IS FURTHER ORDERED, That the aforementioned Counterproposal (RM- 11302) filed by Starboard Media Foundation, Inc. IS DENIED. 9. IT IS FURTHER ORDERED, That MB Docket No. 05- 118 IS TERMINATED. 10. For further information concerning this proceeding, contact R. Barthen Gorman, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 2