Federal Communications Commission DA 09-413
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.
(Beatty and Goldfield, Nevada)
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MB Docket No. 08-68
RM-11421
REPORT AND ORDER
(Proceeding Terminated)
Adopted: February 18, 2009 Released: February 20, 2009
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 Keilly Miller (“Petitioner”), proposing the allotment of Channel 259A at Beatty, Nevada, 
and Channel 262C1 at Goldfield, Nevada, as their first local FM transmission services.  Petitioner filed 
comments.  No counterproposals or other comments were received in response to this Notice.  For the 
reasons discussed below, we are amending the FM Table of Allotments, Section 73.202(b) of the 
Commission’s Rules (the “Rules”),2 by allotting Channel 259A at Beatty, and Channel 262C1 at Goldfield.  
2. Background.  The Notice proposed the allotments of Channel 259A at Beatty, Nevada, and 
Channel 262C1 at Goldfield, Nevada, to accommodate the hybrid FM community of license application 
that proposes the substitution of Channel 261C3 for Channel 261C at Beatty, Nevada, the reallotment of 
Channel 261C3 from Beatty, Nevada, to Crystal, Nevada, as its first local FM transmission service, and 
the modification of the construction permit for this new FM station. 3 As stated in the Notice, the 
proposed allotment of Channel 259A at Beatty, Nevada prevents the removal of Beatty’s first potential4
local FM transmission service due to the proposed reallotment of the unbuilt new FM station to Channel 
261C3 at Crystal.  
3. Discussion.  Accordingly, we are allotting Channel 259A at Beatty, and Channel 262C1 at 
Goldfield, as first local FM transmission services.  A staff engineering analysis indicates that Channel 
259A can be allotted to Beatty consistent with the minimum distance separation requirements of the Rules 
with a site restriction 8.6 kilometers (5.3 miles) west located at reference coordinates 36-56-05 NL and 
116-51-00 WL.  Moreover, Channel 262C1 can be allotted to Goldfield consistent with the minimum 
distance separation requirements of the Rules with a site restriction 0.6 kilometers (0.4 miles) northeast of 
the community located at reference coordinates 37-42-41 NL and 117-13-56 WL.  The Crystal hybrid 
  
1 See Beatty and Goldfield, Nevada, Notice of Proposed Rule Making, 23 FCC Rcd 14851 (MB 2008).
2 47 C.F.R. § 73.202(b).
3 See File No. BMPH-20070727ABV.
4 In this instance, Beatty will not be deprived of its sole local existing service because the new FM station’s facilities 
at Beatty are unbuilt. See Linden, Texas et al., Report and Order, 16 FCC Rcd 10853 (MMB 2001) (holding that 
removal of unbuilt facilities does not present the same loss of service concerns as removal of a licensed station).  
Federal Communications Commission DA 09-413 
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community of license application, File No. BMPH-20070727ABV, will be granted simultaneously with 
the release of this Report and Order. 5
 
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. Ordering clauses.  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 6, 2009, 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:
Communities Channel No.
Beatty, Nevada 259A
Goldfield, Nevada 262C1
6. The window period for filing applications for Channel 259A at Beatty, and Channel 262C1
at Goldfield 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.
7. IS FURTHER ORDERED, That the aforementioned proceeding IS 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
  
5 The grant of this application does not violate our vacant allotment backfill policy with respect to the new allotment 
of Channel 259A at Beatty since the new FM station at Beatty is unbuilt.  See Pacific Broadcasting of Missouri, 
LLC, Memorandum Opinion and Order, 18 FCC Rcd 2291 (2003), recon. denied, Memorandum Opinion and Order, 
19 FCC Rcd 10950 (2004).