Federal Communications Commission DA 11-1689 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. (Various Locations) ) ) ) ) ) ) ) ORDER Adopted: October 6, 2011 Released: October 7, 2011 By the Assistant Chief, Audio Division, Media Bureau: 1. This Order updates the FM Table of Allotments (“FM Table”)1 to reinstate certain vacant FM allotments. The attached Appendix shows the FM Table, as amended, for those communities. 2. Formerly, the FM Table listed all vacant FM allotments as well as FM channels and communities occupied by authorized facilities.2 In 2006, the Commission removed the allotments of authorized and awarded FM facilities from the FM Table in order to accommodate the new application procedures for radio stations to change their communities of license.3 As contemplated by the Changes of Community R&O, when an authorization is cancelled, the vacant allotment must be reinstated in the FM Table to preserve the opportunity to license a future station in the specified community.4 The allotments listed in the attached Appendix were removed as part of the Changes of Community R&O, but they are currently vacant. We are, therefore, reinstating the allotments set forth in the Appendix. 5 On a going-forward basis, we will periodically issue Orders to update the FM Table reinstating allotments that have become vacant due to the cancellation of their associated authorizations. 1 47 C.F.R. § 73.202(b). 2 See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14221, ¶ 15 (2006), recon. pending (“Changes of Community R&O”). 3 Id. 4 See id. (stating that FM Table is “to reflect only vacant allotments that do not correspond to an authorized station or reserved assignment”). 5 Staff engineering analysis reveals that all of the vacant allotments listed in the Appendix meet the minimum distance separation requirements of 47 C.F.R. § 73.207. However, six of the vacant allotments warrant additional explanation. To prevent short-spacings, we adopted new site restrictions for vacant Channels 257A at Pine Bluff, Arkansas, 263A at Malin, Oregon, and 237A at Drew, Mississippi. Additionally, vacant Channels 264A at Sanborn, Iowa, 237A at Drew, Mississippi, 289C2 at Alva, Oklahoma, and 288C3 at Santa Anna, Texas, are considered fully spaced allotments notwithstanding the subsequent grant of authorizations to several stations that are providing contour protection to these allotments under Section 73.215 of the Commission’s Rules. Federal Communications Commission DA 11-1689 2 3. The vacant FM allotments listed in the Appendix have previously undergone notice and comment rule making. Reinstatement of the vacant allotments is merely a ministerial action to effectuate licensing procedures adopted in the Changes of Community R&O. Therefore, we find for good cause that further notice and comment are unnecessary.6 4. The Commission will not send a copy of this Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because these allotments were previously reported. 5. Ordering Clauses. Accordingly, IT IS ORDERED, That upon publication in the Federal Register, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED, in accordance with the changes set forth in the Appendix to this Order. 6. For further information regarding a proceeding listed above, contact Rolanda F. Smith or Andrew J. Rhodes, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau Appendix 6 See 5 U.S.C. § 553(b)(B). Federal Communications Commission DA 11-1689 3 APPENDIX Community Channel Deleted Channel Added Port Lions, Alaska ---------------- 221C0 Lake Village, Arkansas ---------------- 278C3 Pine Bluff, Arkansas ---------------- 257A, 267C3 Willows, California ---------------- 292A Sanborn, Iowa ---------------- 264A Culver, Indiana ---------------- 252A Phillipsburg, Kansas ---------------- 237A Bunker, Missouri ---------------- 292C3 Deerfield, Missouri ---------------- 264C3 Cleveland, Mississippi ---------------- 225C2 Drew, Mississippi ---------------- 237A Mound Bayou, Mississippi ---------------- 270A Vardaman, Mississippi ---------------- 258A Alberton, Montana ---------------- 288C3 Cloudcroft, New Mexico ---------------- 250C1 Tularosa, New Mexico ---------------- 274C3 Medina, North Dakota ---------------- 222C Sarles, North Dakota ---------------- 290C1 Alva, Oklahoma ---------------- 289C2 Altamont, Oregon ---------------- 249C1 Malin, Oregon ---------------- 263A Mission, South Dakota ---------------- 264A Murdo, South Dakota ---------------- 283A Byrdstown, Tennessee ---------------- 255A Federal Communications Commission DA 11-1689 4 Cisco, Texas ------------------ 261C3 Giddings, Texas ------------------ 240A Santa Anna, Texas ------------------ 288C3 Seymour, Texas ------------------ 222C2 Shamrock, Texas ------------------ 225C2 Byron, Wyoming 281C 221C7 7 In reinstating Channel 221C at Byron, Wyoming, we also correct the channel number for this allotment. Commission records reveal that, although Channel 221C had been allotted at Byron, Channel 281C was mistakenly added to the FM Table instead of Channel 221C. See Park City, Montana, Report and Order, 19 FCC Rcd 2093 (MB 2004).