*Pages 1--1 from Microsoft Word - 8934.doc* Federal Communications Commission 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. (Caro and Cass City, Michigan) (Warsaw and Windsor, Missouri) ) ) ) ) ) ) ) ) ) ) MM Docket No. 01- 33 RM- 10060 MM Docket No. 01- 34 RM- 10061 ERRATUM Released: May 11, 2001 By the Chief, Allocations Branch: 1. On May 4, 2001, the Allocations Branch released a Report and Order granting allotments in the above- captioned communities. The last sentence of the first paragraph inadvertently omitted footnote one which should read as follows: We received no other comments or counterproposals. 1 FEDERAL COMMUNICATIONS COMMISSION 1 We note that a pleading styled “counterproposal” was filed by Edward Czelada requesting that we allot Channel 297C3 at Cass City rather than Channel 221C3 and the allotment of Channel 218 C3 at Ubly, Michigan so that he can apply for Channel 218C3 at Ubly, Michigan once the freeze on the filing of applications in the reserved band is lifted. We are not considering this pleading in this proceeding because it was defective when filed. See Report and Order in MM Docket No. 98- 29 (Indio and Indian Wells, California), 15 FCC Rcd 23,845 (2000). First, we cannot make allotments in the FM reserved band, as those channels are properly requested by application, and there is no exception to this rule when there is a freeze on the filing of new applications for that band. See 47 CFR §§ 73.501 and 73.509; see also Second Report and Order in Docket No. 20735, 44 RR2d 235 (1978) (Commission considered but did not adopt, a table of allotments for the FM noncommercial band, but rather retained its current practice of requiring FM stations in the reserved band to be chosen by applications judged strictly on their own engineering terms, using an interference standard). Secondly, the pleading did not include an engineering study, and our own engineering analysis shows that pursuant to the minimum distance separation requirements of Section 73.207( b) and the principal community coverage requirements of Section 73.315( a) of the Commission’s Rules, Channel 297C3 cannot be allotted at Cass City. 1