Federal Communications Commission DA 07-4130 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. (Boswell, Oklahoma and Detroit, Texas) ) ) ) ) ) ) MB Docket No. 06-200 REPORT AND ORDER (Proceeding Terminated) Adopted: October 3, 2007 Released: October 5, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it the Notice of Proposed Rule Making1 proposing the removal of two vacant allotments assigned to Boswell, Oklahoma and Detroit, Texas. Charles Crawford (“Crawford”) filed comments. No other comments or counterproposals were received in this proceeding. 2. Background. The Audio Division, on its own motion, proposed the removal of vacant Channel 282C3 at Boswell, Oklahoma or Channel 282C2 at Detroit, Texas because the distance between the reference coordinates for these allotments is less than the minimum distance separation requirements of Section 73.207(b) of the Commission’s Rules.2 In response to the Notice, Crawford filed comments, expressing an interest in applying for a new construction permit for Channel 282C2 at Detroit, Texas.3 3. Discussion. No comments were received expressing an interest in Channel 282C3 at Boswell. In this regard, it is Commission policy to refrain from maintaining an allotment in instances were there are no bona fide expressions of interest.4 Accordingly, we are deleting vacant Channel 282C3 from Boswell, Oklahoma. 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 November 19, 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 Boswell, Oklahoma and Detroit, Texas, Notice of Proposed Rule Making, 21 FCC Rcd 14720 (MB 2007). 2 The vacant allotments are separated by 39.5 kilometers, a short-spacing of 137.5 kilometers. The minimum distance spacing requirement for these allotments is 177 kilometers. 3 The reference coordinates for vacant Channel 282C2 at Detroit are 33-47-21 NL and 95-33-07 WL. 4 See Coosada, Alabama, Memorandum Opinion and Order, 17 FCC Rcd 21117 (MB 2002). Federal Communications Commission DA 07-4130 2 Communities Channel No. Boswell, Oklahoma --------------- 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. 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