Federal Communications Commission DA 08-2256
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.
(Elko, Nevada)
)
)
)
)
)
)
MB Docket No. 07-281
RM-11408
REPORT AND ORDER
(Proceeding Terminated)
Adopted: October 8, 2008 Released: October 10, 2008  
By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a Notice of Proposed Rule Making1 issued at the request of 
L. Topaz Enterprises, Inc. (“Petitioner”), proposing to allot Channels 274C3 and 284C3 at Elko, Nevada.  
Petitioner has concurrently filed a FCC Form 301 new station application2 for Channels 274C3 and 
284C3 at Elko, and was required to submit a filing fee pursuant to Revision of Procedures Governing 
Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast 
Services.3 Petitioner certifies in its petition, and reiterates in its comments that if the requested FM 
channels are allotted and its concurrent applications are granted, it will participate at auction for the 
channels.  One comment in opposition was filed by Ralph J. Carlson, President of Stations KRJC(FM) 
and KTSN(AM), Elko, Nevada (“Carlson”).
2. Carlson opposes the allotment of additional channels to the community.  He states the 
addition of two more radio stations into a market which he claims has 30,763 persons, will create a 
financial hardship on the existing stations.   
3. We will grant the allotment of Channels 274C3 and 284C3 at Elko. Contrary to Carlson’s 
concern, we believe that the proposal would serve the public interest, because it would provide a fifth and 
sixth local services to the community of Elko, 2000 U.S. Census population 16,980 persons, under 
Priority 4 of the FM allotment priorities.4 In addition, we have a proponent who has filed applications for 
both channels and has pledged to build and operate the stations, should he prevail at auction.  We do not 
give weight to third-party specific economic issues when making allotment determinations, particularly 
when they are vague and speculative, as are Carlson’s allegations.5  
  
1 Elko, Nevada, Notice of Proposed Rule Making, 22 FCC Rcd 21658 (MB 2008).
2 File Nos. BNPH-20070711ABR and BNPH-20070717ABV.
3 Report and Order, 21 FCC Rcd 14212 (2006) (“Revised Allotment Procedures R&O”)
4 The FM allotment priorities are:  (1) First full-time aural service; (2) Second full-time aural service; (3) First local 
service; and (4) Other public interest matters.  Co-equal weight is given to Priorities (2) and (3).  See Revision of FM 
Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1988).  
5 See Potts Camp and Saltillo, Mississippi, Memorandum Opinion and Order, 16 FCC Rcd 16116 (2001); see also 
Albion, Nebraska, Memorandum Opinion and Order, 10 FCC Rcd 11,927 (1995); Southampton, New York, 
Memorandum Opinion and Order, 10 FCC Rcd 11,516 (1995).
Federal Communications Commission DA 08-2256
2
4. A staff engineering analysis indicates that Channels 274C3 and 284C3 can be allotted to Elko 
consistent with the minimum distance separation requirements of the Commission’s rules, without a site 
restriction at the city center coordinates 40-49-57 NL and 115-45-44 WL.
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. 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 24, 2008, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED, with 
respect to the community listed below, to read as follows:
Community Channel
Elko, Nevada 274C3, 284C3
7. A filing window period for Channels 274C3 and 284C3 for Elko, Nevada will not be opened 
at this time.  Instead, the issue of opening this allotment for auction will be addressed by the Commission 
in a subsequent Order.
8. IT IS FURTHER ORDERED That the comments filed by Ralph J. Carlson, ARE DENIED.
9. IT IS FURTHER ORDERED, That the aforementioned proceeding IS TERMINATED.
10. For further information concerning this proceeding, contact Victoria McCauley, Media 
Bureau (202) 418-2180.  
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos  
  Assistant Chief
Audio Division
Media Bureau