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 Federal  Communications  Commission  DA  06-  355 
 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.  (Coupeville  and  Sequim,  Washington) 


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 MB  Docket  No.  04-  280  RM-  11037 
 RM-  11117* 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  15,  2006  Released:  February  17,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  issued  in  response  to  a  petition  for  rule  making  filed  by  Dana  J.  Puopolo  (Petitioner”),  requesting  the  allotment  of  Channel  266A 
 at  Coupeville,  Washington  as  a  first  local  aural  transmission  service  (RM-  11037).  Petitioner  filed  comments  stating  his  continuing  interest  in  pursuing  the  allotment,  and  his  intention  to  apply  for  a 
 construction  permit  if  the  channel  is  allotted.  Plan  9  Broadcasting  (“  Plan  9”)  timely  filed  a  counterproposal  proposing  to  allot  Channel  266A  at  Sequim,  Washington  as  a  first  local  FM  aural  transmission  service  (RM-11117*). 
 2  There  were  no  other  counterproposals  or  additional  comments  received  in  response  to  the  above-listed 
 docket. 


 2.  Conflicting  proposals  are  considered  on  a  comparative  basis  consistent  with  the  FM  allotment  priorities  set  forth  in  Revision  of  FM  Assign  Policies  and  Procedures  3  where  no  alternate 
 channels  are  available.  We  find  that  no  comparison  is  needed  in  this  instance.  A  staff  engineering  analysis  has  determined  that  Channel  237A  at  Sequim,  Washington  is  available  as  an  alternate  channel  to 
 Plan  9’s  counterproposal  for  Channel  266A  at  Sequim.  We  find  that  Sequim  is  a  community  for  allotment  purposes  and  that  the  public  interest  would  be  served  by  allotting  Channel  237A  as  a  first  local 
 FM  service.  4  Channel  237A  can  be  allotted  to  Sequim  consistent  with  the  Commission’s  minimum  distance  separation  requirements  at  48-  07-  12  North  Latitude  and  123-  04-  20  West  Longitude  with  a  site 
 restriction  of  4.9  kilometers  (3.1  miles)  northeast  of  the  community.  Canadian  concurrence  has  been  obtained. 


 3.  Since  the  conflict  has  been  resolved,  we  find  that  the  public  interest  also  would  be  served  by  allotting  Channel  266A  at  Coupeville,  Washington,  as  a  first  local  service.  5  The  proposed  reference 
 coordinates  are  48-  18-  00  North  Latitude  and  122-  42-  00  West  Longitude  consistent  with  the 
 1  See  Harrisonburg,  Louisiana,  et  al.,  19  FCC  Rcd  13858  (MB  2005)  (“  Notice  of  Proposed  Rule  Making”)  (The 
 instant  Report  and  Order  disposes  of  one  docket  in  this  multiple  docket  Notice  of  Proposed  Rule  Making.).  2 
 The  counterproposal  was  placed  on  Public  Notice  on  November  24,  2004,  Report  No.  2683,  (RM-  11117*).  3 
 90  FCC  2d  88,  92  n.  8  (1982).  4 
 Sequim  is  an  incorporated  city  with  a  2000  U.  S.  Census  population  of  4,  334  persons.  5 
 Coupeville  is  an  incorporated  town  with  a  2000  U.  S.  Census  population  of  1,723  persons. 
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 Federal  Communications  Commission  DA  06-  355 
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 Commission’s  minimum  distance  separation  requirements  with  a  site  restriction  of  9.5  kilometers  (5.9  miles)  north  of  the  community.  Canadian  concurrence  has  been  obtained.  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  found  in  47  U.  S.  C.  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r)  and  307(  b)  and  47  C.  F.  R.  Sections  0.61,  0.204(  b)  and  0.283,  IT  IS  ORDERED,  That  effective, 
 April  3,  2006,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.202(  b),  IS  AMENDED  for  the  community  listed  below,  as  follows: 


 Community  Channel  No. 
 Coupeville,  Washington  266A 
 Sequim,  Washington  237A 


 5.  A  filing  window  period  for  Channel  266A  at  Coupeville,  Washington  and  Channel  237A  at  Sequim,  Washington  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  these  allotments  for 
 auction  will  be  addressed  by  the  Commission  in  a  subsequent  order. 
 6.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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