Federal Communications Commission DA 14- 1059 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. (Haynesville, Louisiana) Station KIMW, Helfin, Louisiana ) ) ) ) ) ) ) ) MB Docket No. 14-37 RM-11711 File No. BMPH-20130913ACG REPORT AND ORDER (Proceeding Terminated) Adopted: July 24, 2014 Released: July 25, 2014 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Notice of Proposed Rule Making,1 issued in response to a Petition for Rule Making filed by SSR Communications, Inc. (“Petitioner”), permittee of FM Station KIMW, Channel 288A, Haynesville, Louisiana, and the ”hybrid” application (the “Application”) filed by the Petitioner.2 Petitioner filed comments. No counterproposals or other comments were received in response to the Notice. For the reasons discussed below, we grant the Petition for Rule Making and the Application. 2. Background. The Notice proposed to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s Rules, by allotting Channel 286A at Haynesville, Louisiana, as a “backfill” allotment to prevent removal of Haynesville’s potential first local service.3 In its Application, Petitioner proposes the relocation of unbuilt FM Station KIMW, Channel 288A, from Haynesville, Louisiana, to Helfin, Louisiana, as the community’s first local service. Petitioner filed comments reiterating its interest in Channel 286A at Haynesville, Louisiana. 3. Discussion. We allot Channel 286A at Haynesville, Louisiana. The allotment of Channel 286A at Haynesville would serve the public interest because it would maintain a first local service at the community.4 A staff engineering analysis indicates that Channel 286A can be allotted to Haynesville consistent with the minimum distance separation requirements of the Commission’s Rules with a site restriction 4.6 kilometers (2.9 miles) south of the community. The reference coordinates are 33-00-12 NL and 93-08-19 WL. 1 See Haynesville, Louisiana, Notice of Proposed Rule Making, 29 FCC Rcd 2035 (MB 2014) (“Notice”). 2 See File No. BMPH-20130913ACG. 3 Petitioner filed an FCC Form 301 application, File No. BNPH-20130624AAP, for Channel 286A at Haynesville, and paid the necessary filing fees. 4 See Ten Sleep, Wyoming, Report and Order, 24 FCC Rcd 10138 (MB 2009)(allotting Channel 267A at Ten Sleep to maintain a potential first local service at Ten Sleep while accommodating the Petitioner's change of community of license). Federal Communications Commission DA 14- 1059 2 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 8, 2014, 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. Haynesville, Louisiana 286A 5. The Commission will send a copy of this Report and Order in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A) . 6. IT IS FURTHER ORDERED, that the Application, File No. BMPH-20130913ACG, filed by SSR Communications, Inc., IS GRANTED. 7. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED. 8. The window period for filing application for Channel 286A at Haynesville, Louisiana, will not be opened at this time. Instead, the issue of opening filing window for this allotment will be addressed by the Commission in a subsequent order. 9. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau