Federal Communications Commission DA 07-1084 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.202(b), ) MB Docket No. 05-273 Table of Allotments, ) RM-11273 FM Broadcast Stations. ) RM-11307 (Charleston, Englewood, Knoxville, ) Nashville, and Tellico Plains, Tennessee) ) ORDER VACATING ORDER TO SHOW CAUSE Adopted: March 6, 2007 Released: March 8, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. On March 2, 2007, we released an “Order to Show Cause” requiring South Central Communications Corporation (“South Central”), licensee of Station WJXB-FM, Channel 248C, Knoxville, Tennessee, to show cause why the station should not be reclassified as Channel 248C0.1 The Show Cause Order was issued in response to a counterproposal filed in this proceeding by Georgia-Carolina Radiocasting Company, LLC (“GCR”).2 GCR proposes the allotment of FM Channel 250A at Tellico Plains, Tennessee, as that community’s first local aural broadcast transmission service. To accommodate that allotment, GCR requests the reclassification of Station WJXB-FM, Channel 248C, Knoxville, Tennessee, to specify operation on Channel 248C0. 2. Our Show Cause Order was issued in error. The Commission has stated that reclassification of a Class C channel to Class C0 “may be initiated only through an original petition for rule making to amend the FM Table of Allotments, and not through comments or counterproposals.”3 For that reason, GCR’s proposal to downgrade Channel 248C, Knoxville, Tennessee, to Channel 248C0 is unacceptable, and our Show Cause Order in response to GCR’s downgrade proposal should be vacated. 1 Charleston, Englewood, Knoxville, Nashville, and Tellico Plains, Tennessee, Order to Show Cause, DA 07-949 (MB 2007), released March 2, 2007 (“Show Cause Order”). 2 The counterproposal was submitted in response to the Notice of Proposed Rule Making, 20 FCC Rcd 15,240 (MB 2005), proposing the allotment of Channel 250A at Charleston, Tennessee, in response to a petition for rule making by Claire Giannasi. A second counterproposal was submitted by Englewood Wireless, proposing the allotment of Channel 250A as a first local service at Englewood, Tennessee. See Public Notice, Report No. 2749 (Jan. 18, 2006). 3 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 21,649, 21,664 (2000). Federal Communications Commission DA 07-1084 2 3. IT IS THEREFORE ORDERED, That the “Order to Show Cause” (DA 07-949) released by the Audio Division in this proceeding on March 2, 2007, and directed to South Central Communications Corporation, to show cause why Station WJXB-FM, Channel 248C, Knoxville, Tennessee, should not be reclassified as Channel 248C0, IS HEREBY VACATED. 4. IT IS FURTHER ORDERED, That the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL Send a copy of this Order Vacating Order to Show Cause by Certified Mail, Return Receipt Requested, to South Central Communications Corporation, licensee of WJXB-FM, Knoxville, Tennessee, and its counsel, as indicated below: John D. Engelbrecht, President South Central Communications Corporation Post Office Box 3848 Evansville, Indiana 47736 Edward S. O’Neill, Esq. Fletcher, Heald, & Hildreth, P.L.C. 1300 N. 17th Street – Eleventh Floor Arlington, Virginia 22209 (Counsel for South Central Communications Corporation) 5. For further information concerning this proceeding, contact Deborah A. Dupont, Media Bureau, at (202) 418-7072. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau