Federal Communications Commission                                  DA 22-128


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)
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ORDER

Adopted:  February 9, 2022	            Released: February 9, 2022

By the Assistant Chief, Audio Division, Media Bureau:

1. This Order amends, the FM Table of Allotments, 47 C.F.R. 73.202(b).
 to designate as unreserved the FM allotment channels that are reserved for noncommercial educational (“NCE”) use in various communities.  The attached Appendix shows the FM Table of Allotments, as amended, for those communities.  The FM allotments are vacant as a result of the dismissal of an application or cancellation of the authorization or license. Channel *280C1 at Weiser, Idaho, Channel *246A at Moville, Iowa, Channel *228A at Columbus, Indiana, Channel *286A at Weatherford, Oklahoma, and Channel *248C2 at Denver City, Texas were previously removed from the FM Table because an authorization and/or license was granted.  See Various Locations, Report and Order, 29 FCC Rcd 14695 (MB 2014).  We reinstate and unreserve these NCE vacant allotments in the Appendix.
  We classify as unreserved these NCE channels that are in the commercial band (Channels 221 to 300) by operation of law, pursuant to Reexamination of the Comparative Standard for Noncommercial Educational Applicants. See Reexamination of the Comparative Standard for Noncommercial Educational Applicants, Second Report and Order, 18 FCC Rcd 6691, 6705 ¶ 38 (2003)(stating that the allotment will become unreserved by operation of law and subject to the Commission’s competitive bidding licensing procedures in the event that all applications for a reserved band allotment fail to propose the requisite level of first or second NCE service; see also Various Locations Order, Report and Order, 25 FCC Rcd 16937 (MB 2010)(classifying as unreserved by operation of law vacant FM commercial allotments reserved for NCE use because no applications were received).
 
2. We will periodically issue Orders to update the FM Table of Allotments to reinstate and/or designate as unreserved FM allotments reserved for NCE use.  The vacant FM allotments listed in the Appendix have previously undergone notice and comment rule making.  
3. We conclude that these changes are merely a ministerial action that are necessary to reflect that these FM commercial allotments are no longer reserved for NCE use by operation of law pursuant to Reexamination of the Comparative Standard for Noncommercial Educational Applicants.  This action constitutes an editorial change in the Table of FM Allotments.  Therefore, we find for good cause that a public notice and comment proceeding is unnecessary.  See 5 U.S.C. § 553(b)(A) and (B). 

4. The FM allotments set forth in the Appendix, are subject to the Commission’s competitive bidding procedures.  The window period for filing applications for these FM allotments will not be opened at this time.  Instead, these allotments may be scheduled for auction and addressed in a future Order.  
5. 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 the adopted rules are rules of particular applicability.
6. 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, upon publication in the Federal Register, the FM Table of Allotments, 47 C.F.R § 73.202(b), IS AMENDED, in accordance with the changes set forth in the Appendix to this Order.  
7. For further information regarding this proceeding, contact Rolanda F. Smith (202) 418-2700.   
									
					FEDERAL COMMUNICATIONS COMMISSION

	Nazifa Sawez
	Assistant Chief 
	Audio Division
					Media Bureau

Appendix













APPENDIX

Community	Channel Deleted			Channel Added
Pima, Arizona				*296A				296A
Olathe, Colorado			*270C2, *293C			270C2, 293C
Otter Creek, Florida			*240A				240A
Weiser, Idaho 				--------				247C1 Channel *247C1 was substituted for *280C1 at Weiser, Idaho.  On June 28, 2016, the Audio Division cancelled the license of Station DKFOA, Fac. ID No. 185150, File No. BLED-20160126ACK.
          
Cedarville, Illinois			*258A				258A
Greenup, Illinois			*230A				230A
Pinckneyville, Illinois			*282A				282A
Columbus, Indiana			--------				228A
Fowler, Indiana				*291A				291A
Madison, Indiana			*265A				265A
Asbury, Iowa				*254A				254A
Keosauqua, Iowa			*271C3				271C3
Moville, Iowa				---------				246A
Rudd, Iowa				*268A				268A
Council Grove, Kansas			*281C3				281C3
Golden Meadow, Louisiana		*289C2				289C2
West Tisbury, Massachusetts 		*282A				282A
Cordell, Oklahoma			*229A				229A
Weatherford, Oklahoma			---------				286A
Liberty, Pennsylvania			*298A				298A
Denver City, Texas			---------				248C2
Van Alstyne, Texas			*260A				260A
Charlotte Amalie, Virgin Islands	*275A				275A
Oak Harbor, Washington		*233A				233A
Ashland, Wisconsin			*275A				275A
Hayward, Wisconsin			*232C2				232C2
Jackson, Wyoming			*294C2				294C2
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