Federal Communications Commission DA 10-1521 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. (DeBeque, Colorado) ) ) ) ) ) ) MB Docket No. 10-22 RM-11591 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 considers herein the Notice of Proposed Rule Making,1 issued at the request of Cochise Media Licenses, LLC (“Petitioner”), proposing the substitution of Channel 247C3 for vacant Channel 275C3 at DeBeque, Colorado. Petitioner filed comments. No other comments or counterproposals were received in response to this Notice. For the reasons discussed below, we are substituting Channel 247C3 for vacant Channel 275C3 at DeBeque. 2. Background. The Notice proposed the substitution of Channel 247C3 for vacant Channel 275C3 at DeBeque to accommodate Petitioner’s hybrid application, proposing the reallotment of Channel 274C3, Crawford, Colorado, to Channel 275C3 at Battlement Mesa, Colorado, as its first local service.2 Petitioner filed Comments, stating that the proposed Channel 247C3 substitution at DeBeque would advance the public interest by facilitating a first local service at Battlement Mesa. 3. Discussion. We are substituting Channel 247C3 for vacant Channel 275C3 at DeBeque to accommodate Petitioner’s hybrid application. A staff engineering analysis indicates that Channel 247C3 can be allotted to DeBeque consistent with the minimum distance separation requirements of the Rules with a site restriction 13.8 kilometers (8.5 miles) northeast of the community. The reference coordinates are 39-24-45 NL and 108-05-26 WL. 4. 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 September 30, 2010, 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 No. DeBeque, Colorado 247C3 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) . 1 See DeBeque, Colorado, Notice of Proposed Rule Making, 25 FCC Rcd 281 (MB 2010)(“Notice”). 2 See File No. BNPH-20090929AMO. Federal Communications Commission DA 10-1521 2 6. IT IS FURTHER ORDERED, That the application, File No. BNPH-20090929AMO, IS GRANTED. 7. IT 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