Federal Communications Commission           DA 16-894
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.
(Maryville, Missouri)
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MB Docket No. 16-68
RM-11762
REPORT AND ORDER
(Proceeding Terminated)
Adopted:  August 4, 2016  Released:  August 5, 2016
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 (Petition) filed by Michael Myers (Petitioner) to allot Channel 285C3 at 
Maryville, Missouri.2  Petitioner filed late comments.3  No counterproposals or other comments were 
received in response to the Notice.  For the reasons discussed below, we amend the FM Table of 
Allotments, Section 73.202(b) of the Commission's rules,4 by allotting Channel 285C3 at Maryville, 
Missouri.
2. Background.  The Notice proposed the allotment of Channel 285C3 at Maryville, 
Missouri, as a fourth local service.5  Maryville is an incorporated community with a 2010 U.S. Census 
population of 11,972 persons.  Petitioner states that Maryville is deserving of a fourth local service to 
provide an additional diversity outlet for local residents.6 Petitioner filed late comments, reiterating its 
expression of interest in Channel 285C3 at Maryville, Missouri.  Petitioner states that, if the frequency is 
allotted, it will prosecute its application; participate in any FM auction the allotment; and if it is the 
  
1 Maryville, Missouri, Notice of Proposed Rule Making, 31 FCC Rcd 1958 (MB 2014) (Notice).
2 Petitioner’s Petition and comments did not include a statement verifying that the information contained in the 
petition and comments was correct to the best of his knowledge. While the failure to comply with Section 1.52 of 
the Commission's Rules can result in the dismissal of the petition for rule making, we believe that it would be 
inappropriate to do so in this case since the Channel 285C3 can be allotted to Maryville without adversely affecting 
any other allotment or proposed allotment and no objection to this proposal has been received. See e.g., Hutchinson, 
Kansas, Report and Order, 12 FCC Rcd 20166, n. 1 (MMB 1997).  Furthermore, in Petitioner’s concurrently filed 
FCC Form 301 application, FCC File No. BNPH-20150128ACJ, Petitioner certified “I certify that the statements in 
this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I 
acknowledge that all certifications and attached Exhibits are considered material representations.”
3 Petitioner's comments were late-filed.  However, we will accept the comments for the purpose of expressing 
continuing interest since the allotment is unopposed and can be made without adversely affecting any other 
proposal.  See, e.g., Eldorado, Texas, Report and Order, 17 FCC Rcd. 12806, n.2 (MB 2002).
4 47 C.F.R. § 73.202(b).
5 Stations KNIM(AM), KVVL(FM), and KXCV(FM) are licensed at Maryville.  
6 Petition at 1 (filed Feb. 2, 2015); Comments at 2 (filed July 1, 2016).
Federal Communications Commission DA 16-894
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winning bidder, promptly construct the facilities authorized.7
3. Discussion.  We find that the public interest would be served by allotting a fourth local 
service at Maryville, Missouri, under Priority (4).8 A staff engineering analysis indicates that Channel 
285C3 at Maryville can be allotted consistent with the minimum distance separation requirements of the 
Commission’s rules without a site restriction.  The reference coordinates are 40-22-33 NL and 94-51-25
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 19, 2016, 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.
 Maryville, Missouri  285C3
5. The window period for filing applications for 285C3 at Maryville, Missouri, will not be 
opened at this time.  Instead, the issue of opening a filing window for this allotment will be addressed by 
the Commission in a 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 Adrienne Y. Denysyk, Media 
Bureau, (202) 418-2700.  
FEDERAL COMMUNICATIONS COMMISSION
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau
  
7 Id.
8 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).