Federal Communications Commission DA 11-1916 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 11-87 Table of Allotments, ) RM-11628 FM Broadcast Stations. ) (Bastrop, Louisiana) ) ) Station KGGM(FM), Delhi, Louisiana ) File No. BPH-20110214ADS REPORT AND ORDER (Proceeding Terminated) Adopted: November 17, 2011 Released: November 18, 2011 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it: (1) a Notice of Proposed Rule Making (“Notice”) issued in response to a Petition for Rule Making (“Bastrop Petition”) filed by Kenneth W. Diebel (“Petitioner”), licensee of FM Station KGGM,, Delhi, Louisiana;1 (2) the “hybrid” application (the “Application”) filed by the Petitioner; 2 and (3) supporting comments filed by the Petitioner. For the reasons discussed below, we grant the Bastrop Petition and the Application. 2. Background. The Notice proposes to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s rules, by substituting Channel 228A for vacant and unapplied for Channel 230A at Bastrop, Louisiana, as part of a contingently filed “hybrid” application and rule making petition.3 The purpose of the proposed channel substitution is to accommodate the Application to upgrade FM Station KGGM at Delhi from Channel 228Ato Channel 230C3. 3. Petitioner filed comments supporting the allotment change proposed in the Notice. No other comments were received. 4. Discussion. We believe that the proposed channel substitution will serve the public interest, because it will accommodate Petitioner’s proposed channel upgrade for FM Station KGGM, without any deleterious effect upon the service that can be made available using the vacant allotment at Bastrop, Louisiana. Channel 228A can be allotted at Bastrop with a site restriction of 5.3 km (3.3 miles) northeast of city reference coordinates. The reference coordinates for Channel 228A at Bastrop are: 32-48-20 NL and 91-52-05 WL. 1 Bastrop, Louisiana, Notice of Proposed Rule Making, 26 FCC Rcd 6793 (MB 2011) (“Notice”). 2 See File No. BPH-20110214ADS. 3 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 (2006). Federal Communications Commission DA 11-1916 2 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.4 6. Accordingly, IT IS ORDERED, That effective December 26, 2011, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED as follows: Community Channel Number Bastrop, Louisiana 228A 7. IT IS FURTHER ORDERED, That the license of Kenneth W. Diebel for FM Station KGGM, Channel 228A, Delhi, Louisiana, File No. BLH-19910916KA, IS MODIFIED to specify operation on Channel 230C3, and that the application, File No. BPH-20110214ADS, IS GRANTED. 8. 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: Kenneth W. Diebel 414 Ineichen Street Rayville, Louisiana 71269 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202) 418-7072. Questions related to the application filing process for Channel 228A at Bastrop, Louisiana, should be addressed to the Audio Division, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau 4 See 5 U.S.C. § 801 (a)(1)(A).