Federal Communications Commission DA 07-1130 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. (Wofford Heights, California) ) ) ) ) ) ) MB Docket No. 03-91 RM-10693 REPORT AND ORDER (Proceeding Terminated) Adopted: March 7, 2007 Released: March 9, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division considers herein the Notice of Proposed Rule Making (“Notice”)1 issued at the request of Dana J. Puopolo (“Petitioner”), requesting the allotment of Channel 251A at Wofford Heights, California, as its first local aural transmission service. Petitioner filed comments. No other comments or counterproposals were received in this proceeding. 2. Background. The Notice proposed the allotment of Channel 251A at Wofford Heights, as its first local aural transmission service. As stated in the Notice, Wofford Heights is a Census Designated Place located in Kern County, California with a 2000 U.S. Census population of 2,276 persons. Petitioner filed comments stating his intentions to file an application to activate Channel 251A at Wofford Heights, if allotted. 3. Discussion. We find that the public interest would be served by allotting Channel 251A at Wofford Heights, as its first local aural transmission service. Channel 251A can be allotted consistent with the Commission’s minimum spacing requirements, provided there is a site restriction of 12.8 kilometers (7.9 miles) west of Wofford Heights, using reference coordinates 35-43-28 NL and 118-35-42 WL. The site restriction is necessary to prevent short-spacings to the licensed sites of Station KRXV-FM, Channel 251B, Yermo, California, and Station KDFO-FM, Channel 253B1, Delano, California. 4. 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). 5. 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 23, 2007 , 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: 1 Wofford Heights, California, Notice of Proposed Rule Making, 18 FCC Rcd 6410 (MB 2003). Federal Communications Commission DA 07-1130 2 Community Channel No. Wofford Heights, California 251A 6. The window period for filing applications for Channel 251A at Wofford Heights, California will not be opened at this time. Instead, the issue of opening the allotment for auction will be addressed by the Commission in a subsequent order. 7. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE TERMINATED. . 8. 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