Federal Communications Commission DA 15-442 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. (Shelter Island, New York) ) ) ) ) ) ) MB Docket No. 14-255 RM-11742 REPORT AND ORDER (Proceeding Terminated) Adopted: April 9, 2015 Released: April 10, 2015 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 Red Wolf Broadcasting Corporation (“Petitioner”). Petitioner filed comments. No counterproposals or other comments were received in response to this Notice. For the reasons discussed below, we amend the FM Table of Allotments, Section 73.202(b) of the Commission’s Rules, 2 by allotting Channel 277A at Shelter Island, New York. 2. Background. The Notice proposed the allotment of Channel 277A at Shelter Island, New York, as a first local service. Shelter Island is a census designated place with a 2010 U.S. Census population of 1,333 persons. Petitioner filed comments, reiterating its expression of interest in Channel 277A at Shelter Island. Petitioner states that, if the frequency is allotted, it will prosecute its application, 3 participate in any FM auction for the Shelter Island allotment, and if the winning bidder, promptly construct the facilities authorized. 3. Discussion. We find that the public interest would be served by allotting a first local service at Shelter Island, New York under Priority (3). 4 A staff engineering analysis indicates that Channel 277A can be allotted to Shelter Island consistent with the minimum distance separation requirements of the Commission’s Rules with a site restriction located 12 kilometers (7.5 miles) south of the community. The reference coordinates are 40-57-54 NL and 72-22-59 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, May 25, 2015, 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: 1 See Shelter Island, New York, Notice of Proposed Rule Making, 30 FCC Rcd 52 (MB 2015) (“Notice”). 2 47 C.F.R. § 73.202(b). 3 See File No. BNPH-20141124AIV. 4 The FM allotment priorities are: (1) First fulltime aural service, (2) Second fulltime aural service, (3) First local service and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). Federal Communications Commission DA 15-442 2 Community Channel No. Shelter Island, New York 277A 5. The window period for filing applications for Channel 277A at Shelter Island, New York will not be opened at this time. Instead, the issue of opening this allotment for filing will be addressed by the Commission in subsequent order. 6. 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). 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. 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