Federal Communications Commission DA 10-1519 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 08-151 Table of Allotments, ) RM-11476 FM Broadcast Stations. ) (Blythe, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: August 12, 2010 Released: August 16, 2010 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division issued a Notice of Proposed Rule Making in response to a Petition for Rule Making filed by Prescott Valley Radio Broadcasting Company, Inc. (“Petitioner”).1 The Notice proposes to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s rules, by substituting Channel 247B for vacant and unapplied for Channel 239B at Blythe, California. The purpose of the requested channel substitution at Blythe is to enable FM Station KPKR, which presently operates on Channel 247C3 at Parker, Arizona, as a Section 73.215 short-spaced station, to operate as a fully-spaced Class C3 station on Channel 239C3. The proposed channel substitution was filed as part of a hybrid rulemaking and application proposal.2 2. Petitioner filed comments supporting the allotment change proposed in the Notice. Supporting comments also were filed by Hispanic Target Media, Inc. (“HTM”). HTM states that the proposed channel substitution at Blythe would eliminate the short-spacing between Channel 239B at Blythe and HTM’s construction permit for a new station on Channel 240A at Wellton, Arizona. HTM states that, as a consequence of the existing short-spacing, HTM’s Wellton construction permit requires HTM to use a directional antenna pursuant to Section 73.215 of the Commission’s rules. 1 Blythe, California, Notice of Proposed Rule Making, DA 08-1756 (MB 2008), rel. Aug. 1, 2008 (“Notice”). 2 Petitioner filed a FCC Form 301 minor change application for FM Station KPKR (File No. BPH- 20080418AAU). Concurrently with the release of this Report and Order, petitioner’s minor change application is being granted, conditioned on the receipt of Mexican concurrence in the operation of FM Channel 239C3 at Parker, Arizona. Federal Communications Commission DA 10-1519 2 3. We believe that the public interest would be served by the substitution of Channel 247B for vacant and unapplied for Channel 239B at Blythe, California. The substitution will allow Station KPKR at Parker, Arizona, to operate as a fully-spaced Class C3 channel on Channel 239C3, without any deleterious effect upon the service that can be made available using the Class B allotment at Blythe. Moreover, the substitution will eliminate the short-spacing between the Class B allotment at Blythe, California, and the transmitter site for Channel 240A in Wellton, Arizona. Channel 247B can be allotted at Blythe consistent with the minimum distance separation requirements of the Commission’s rules at coordinates 33-37-02 NL and 114-35-20 WL, with a site restriction of 1 km (.61 miles) northeast of Blythe. The Government of Mexico has conveyed its concurrence in the allotment of FM Channel 247B at Blythe, California. 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.3 5. Accordingly, IT IS ORDERED, That effective September 30, 2010, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED as follows: Community Channel Number Blythe, California 247B 6. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail, Return Receipt Requested, a copy of this Order to the following: David Tillotson, Esq. 4606 Charleston Terrace, N.W. Washington, D.C. 20006 (Counsel for Prescott Valley Broadcasting Company, Inc.) Meredith S. Senter, Jr., Esq. Leventhal, Senter & Lerman P.L.L.C. 2000 K Street, N.W. Suite 600 Washington, D.C. 20006 (Counsel for Hispanic Target Media, Inc.) 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 3 See 5 U.S.C. § 801 (a)(1)(A). Federal Communications Commission DA 10-1519 3 8. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202) 418-7072. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau