Federal Communications Commission DA 08-29 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Amendment of Section 73.202(b) FM Table of Allotments, FM Broadcast Stations. (Charlo, Montana) ) ) ) ) ) ) ) MB Docket No. 07-143 RM-11381 REPORT AND ORDER (Proceeding Terminated) Adopted: January 2, 2008 Released: January 4, 2008 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Notice of Proposed Rulemaking1 issued at the request of Spanish Peaks Broadcasting, Inc. (“Petitioner”), proposing the allotment of Channel 251C3 at Charlo, Montana. Petitioner filed comments reiterating its continuing interest. No counterproposals were received in this proceeding. 2. We find that Charlo is a community2 for allotment purposes and that the public interest would be served by allotting Channel 251C3 at Charlo as its first local aural transmission service.3 Channel 251C3 can be allotted at Charlo, consistent with the technical engineering requirements of the Commission’s Rules, at reference coordinates of 47-32-20 North Latitude and 114-08-52 West Longitude, with a site restriction of 11.3 kilometers (7.0 miles) north of the community’s reference coordinates. The Canadian Government has concurred in this allotment. 3. 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 February 18, 2008, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED4 for the community listed below, as follows: 1 See Charlo, Montana, Notice of Proposed Rule Making, 22 FCC Rcd 4188 (MB 2007). 2 Charlo is a Census Designated Place with a 2000 U.S. Census population of 439 persons. It has its own post office, fire department, senior citizens center, childcare facility, public museum and numerous other businesses. 3 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 (1982), recon. denied, Memorandum Opinion and Order, 56 RR 2d 448 (1983). 4 “[W]e shall amend the Table of Allotments to reflect only vacant allotments that do not correspond to an authorized station or reserved assignment. Assignments for licensed, permitted, and reserved facilities (those for which applications are pending) will be reflected solely in CDBS.” See Revised Allotment Procedures R&O, 21 FCC Rcd at 14222 (footnote omitted)). Federal Communications Commission DA 08-29 2 Community Channel No. Charlo, Montana 251C3 4. A summary of this Report and Order will be published in the Federal Register because we are amending Section 73.202(b) of the Commission’s Rules. 5. A filing window period for Channel 251C3 at Charlo, Montana, 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. 6. 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. Section 801(a)(1)(A). 7. IT IS FURTHER ORDERED, That the aforementioned proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact R. Barthen Gorman, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau