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 Federal  Communications  Commission  DA  06-  423 
 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.  (Otter  Creek,  Florida) 


 )  ) 
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 MB  Docket  No.  05-  54  RM-  11151 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  22,  2006  Released:  February  24,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  the  Notice  of  Proposed  Rule  Making  1  issued  at  the  request  of  Living  Proof,  Inc.  (“  Petitioner”),  proposing  the  reservation  of  vacant  Channel  240A  at  Otter  Creek,  Florida 
 for  noncommercial  educational  (“  NCE”)  use.  Petitioner  filed  comments.  No  other  comments  were  received  in  this  proceeding. 


 2.  Background.  In  the  Reexamination  of  the  Comparative  Standards  for  Noncommercial  Educational  Applicants,  the  Commission  established  revised  criteria  by  which  a  rulemaking  proponent 
 may  reserve  an  FM  allotment  for  NCE  use.  2  Under  the  expanded  criteria,  a  proponent  must  demonstrate  that  it  is  technically  precluded  from  using  a  reserved  channel  (Channels  201  through  220)  and  the 
 proposal  would  provide  a  first  and/  or  second  NCE  radio  service  to  at  least  10  percent  of  the  population  within  the  1  mV/  m  (60  dBu)  contour  of  the  proposed  station  and  such  population  must  exceed  2,000 
 persons.  Originally,  the  Commission  limited  this  expanded  reservation  criteria  to  future  allotment  proceedings.  Thereafter,  the  Commission  extended  the  expanded  criteria  to  existing  vacant  FM 
 allotments  for  which  a  Notice  of  Proposed  Rule  Making  had  been  released  prior  to  August  7,  2000,  the  effective  date  of  the  NCE  Report  and  Order.  3  In  a  NCE  Public  Notice  released  September  30,  2003,  we 
 invited  petitions  for  rule  making  to  reserve  vacant  FM  allotments  for  NCE  use  pursuant  to  the  NCE  Second  Report  and  Order.  4 


 3.  As  stated  in  the  Notice,  Petitioner  filed  a  proposal  requesting  the  reservation  of  vacant  Channel  240A  at  Otter  Creek,  Florida  for  NCE  use.  In  response  to  the  Notice,  Petitioner  filed  comments 
 restating  its  interest  in  the  NCE  reservation  of  vacant  Channel  240A  at  Otter  Creek.  Petitioner  states  that  the  reservation  of  the  allotment  would  provide  2,092  persons  with  a  first  NCE  service  and  1,198  persons 
 with  a  second  NCE  service. 


 1  Otter  Creek,  Florida,  20  FCC  Rcd  3585  (MB  2005)  (“  Notice”). 
 2  15  FCC  Rcd  7386  (2000)  (“  NCE  Report  and  Order”).  Previously,  the  Commission  would  only  reserve  a  channel 
 in  the  non-  reserved  FM  band  (Channels  221  through  300)  if  the  petitioner  demonstrated  that  no  reserved  channel  could  be  used  without  causing  prohibited  interference  to  Channel  6  TV  station(  s)  and  to  foreign  allotments. 


 3  Reexamination  of  the  Comparative  Standards  for  Noncommercial  Educational  Applicants  (“  NCE  Second  Report 
 and  Order”),  18  FCC  Rcd  6691  (2003).  4 
 Media  Bureau  Opens  Window  to  Permit  Noncommercial  Educational  Reservation  Showings  for  Certain  Vacant  FM  Allotments,  18  FCC  Rcd  19600  (MB  2003)  (“  NCE  Public  Notice”). 
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 4.  Discussion.  Our  staff  engineering  analysis  has  determined  that  there  are  no  NCE  channels  available  at  Otter  Creek  and  that  the  NCE  reservation  of  vacant  Channel  240A  at  Otter  Creek  would,  in 
 fact,  provide  a  first  and/  or  second  NCE  service  to  3,419  persons  (31.8  percent)  of  the  total  population  of  10,735  persons.  Accordingly,  we  are  reserving  vacant  Channel  240A  at  Otter  Creek,  Florida  for  NCE 
 use.  5 
 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.  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  FURTHER  ORDERED,  That  effective 
 April  10,  2006,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.202(  b),  IS  AMENDED,  with  respect  to  the  communities  listed  below,  to  read  as  follows: 


 Communities  Channel  No. 
 Otter  Creek,  Florida  *240A 
 7.  The  window  period  for  filing  noncommercial  educational  applications  for  Channel  *240A  at  Otter  Creek,  Florida  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  a  filing  window  for  this 
 NCE  allotment  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  The  reference  coordinates  for  Channel  *240A  at  Otter  Creek,  Florida  are  29-  16-  52  NL  and  82-  51-  42  WL. 
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