Federal Communications Commission DA 09-834 
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.
(Kihei, Hawaii)
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MB Docket No. 08-217
RM-11434
REPORT AND ORDER
(Proceeding Terminated)
Adopted: April 15, 2009 Released: April 17, 2009
By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it: (1) a Notice of Proposed Rule Making1 issued at the 
request of Shirk-Mays, LLC (“Petitioner”); and (2) supporting comments filed by the Petitioner.  No 
other comments were received.  For the reasons discussed below, we will grant the rulemaking petition.
2. Background.  In response to the Petitioner’s rulemaking petition, the NPRM proposed the 
allotment of Channel 264C2 at Kihei, Hawaii, as a third local aural service.  The Petitioner filed 
comments, supporting the NPRM’s proposal.  The Petitioner also reiterated its intention to apply for 
Channel 264C2 at Kihei and promptly to construct a facility after grant of the application.   
3. Discussion.   We will allot Channel 264C2 to Kihei because it will serve the public interest 
by providing a third local service to that community.2 As described in the NPRM, Kihei has been 
previously recognized by the Commission as a community for allotment purposes.  Kihei is located on 
the island of Maui and is a Census Designated Place with a population of 16,749.  Further, in compliance 
with the Commission’s new procedures, the Petitioner filed a construction permit application for the 
requested channel and paid the necessary filing fee.3
4. Channel 264C2 can be allotted to Kihei at the Petitioner’s requested site, which is 
approximately 17 kilometers (11 miles) southeast of Kihei in compliance with the Commission’s 
minimum distance separation requirements.4 The reference coordinates for Channel 264C2 are 20-39-36 
NL and 156-21-50 WL.
  
1 Kihei, Hawaii, Notice of Proposed Rule Making, 23 FCC Rcd 15778 (MB 2008) (“NPRM”).
2 Kihei currently has licensed Station KAOI(AM), 1110 kHz, and an outstanding construction permit for a new FM 
station on Channel 298C2 (File No. BNPH-20070226AEQ). In addition, two reserved band FM applications are 
pending for Channels 205 and 209 at Kiheii that are in the same mutually exclusive group, consisting of several 
dozen applications.  See File Nos. BNPED-20071012AEF and BNPED-20071022BDI.    
3 See File No. BNPH-20070723AEJ
4 47 C.F.R. § 73.207.
Federal Communications Commission DA 09-834 
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5. Accordingly, pursuant to the authority contained 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                                                                                                                                                                            
June 1, 2009, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED, with respect to 
the community listed below, as follows:                           
  Community  Channel No.
Kihei, Hawaii                                                           264C2
6. A filing window for Channel 264C2 at Kihei, Hawaii, 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. IT IS FURTHER ORDERED, That the rulemaking petition (RM-11434) filed by Shirk-
Mays, LLC IS GRANTED. 
8. 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).
9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
10. For further information concerning this proceeding, contact Andrew J. Rhodes, Media 
Bureau, (202) 418-2180.
FEDERAL COMMUNICATIONS COMMISSION                                           
 
John A. Karousos
Assistant Chief
Audio Division
Media Bureau