[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Page 10675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3703]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 08-275; MB Docket No. 02-376; RM-10617, RM-10690]


Radio Broadcasting Services; Davis-Monthan Air Force Base, Sells, 
and Willcox, AZ

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of petition for reconsideration.

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SUMMARY: The staff denied a petition for reconsideration filed by 
Lakeshore Media, LLC of a Report and Order in this proceeding, which 
had denied Lakeshore's counterproposal and granted a mutually exclusive 
allotment of Channel 285A at Sells, Arizona. The staff determined the 
counterproposal was properly denied because the proposed ``backfill'' 
of two new FM allotments at Willcox were not adequate substitutes for 
the creation of sizeable ``white'' and ``gray'' service loss areas that 
would be caused by the downgrade and reallotment of Lakeshore's Station 
KWCX-FM from Willcox to Davis-Monthan Air Force Base.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MB Docket No. 02-376, adopted January 30, 
2008 and released February 1, 2008. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Information Center (Room CY-A257), 445 12th 
Street, SW., Washington, DC 20554. The complete text of this decision 
may also be purchased from the Commission's copy contractor, Best Copy 
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com.
    The Memorandum Opinion and Order agreed that the Report and Order 
had properly applied the Commission's policy of not permitting 
``backfill'' vacant allotments to the facts of this case. See 69 FR 
71386 (December 9, 2004). Specifically, the proposed relocation of 
Lakeshore's station KWCX-FM would result in the loss of all radio 
service for 2,846 persons (i.e., a ``white'' area) and the reduction 
from two to one full-time reception service for 1,022 persons (i.e., a 
``gray'' area). Although Lakeshore argued that its counterproposal does 
not create ``white'' area, as a matter of law, because the Commission 
considers a vacant allotment to prevent the creation of ``white'' area, 
the Memorandum Opinion and Order disagreed, finding that the policy of 
no longer permitting ``backfill'' allotments has necessarily modified, 
to some extent, the calculation of ``white'' or ``gray'' areas in cases 
of operating, as opposed to unbuilt, stations. As a result, the 
potential service from new ``backfill'' allotments, existing vacant 
allotments, or unbuilt construction permits will no longer be 
considered in calculating the loss of service by the reallotment of 
operating stations. By way of contrast, the traditional test of 
considering the potential service from ``backfill'' or existing vacant 
allotments would continue to apply in cases involving reallotments and 
changes of community of license for unbuilt stations because existing 
on-air service is not being lost.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of this 
Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the petition for 
reconsideration was denied.)

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. E8-3703 Filed 2-27-08; 8:45 am]
BILLING CODE 6712-01-P