[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3135-3136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00771]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 11-207; RM-11517, RM-11518, RM-11669, DA 13-2342]


Radio Broadcasting Services; Ehrenberg, First Mesa, Kachina 
Village, Munds Park, Wickenburg, and Williams, Arizona

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: The Media Bureau approves a settlement request filed by 
Univision Radio License Corporation (``Univision'') and Grenax 
Broadcasting II, LLC (``Grenax''), vacates the Report and Order in this 
proceeding, dismisses Grenax's Counterproposal for a new allotment on 
Channel 246C2 at Munds Park, Arizona, and grants Univision's Petition 
for Rule Making and hybrid application for an increase in existing 
service by its Station KHOV-FM, Wickenburg, Arizona. See SUPPLEMENTARY 
INFORMATION.

DATES: Effective January 21, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MB Docket No. 11-207, adopted December 5, 
2013, and released December 6, 2013. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center at Portals II, CY-A257, 
445 12th Street SW., Washington, DC 20554. This document may also be 
purchased from the Commission's duplicating contractors, Best Copy and 
Printing,

[[Page 3136]]

Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, 
telephone 1-800-378-3160 or via email www.BCPIWEB.com. The Commission 
will send a copy of this Memorandum Opinion and Order in a report to be 
sent to Congress and the Governmental Accountability Office, pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Earlier in this proceeding, the Bureau comparatively evaluated 
conflicting proposals filed by Grenax and Univision and found that, 
under Priority 4 of the FM Allotment Priorities, Grenax's proposal for 
a second local service at Munds Park was preferable to an increase in 
existing service at Wickenburg. Therefore, the Report and Order granted 
Grenax's Counterproposal and dismissed Univision's Petition for Rule 
Making and hybrid application (File No. BPH-20080915AFP). See Report 
and Order, 78 FR 16816, March 19, 2013.
    Under the settlement, Grenax agrees to withdraw its Counterproposal 
for the Munds Park allotment and to implement an Order to Show Cause to 
change the frequency of its Station KBTK(FM), Kachina Village, Arizona, 
to accommodate the grant of Univision's application for an upgrade of 
its Station KHOV-FM, Wickenburg, from Channel 287C2 to Channel 286C0 at 
a new transmitter site. In return, Univision agrees to reimburse Grenax 
$59,628 for its legitimate and prudent expenses incurred for 
prosecution of its Counterproposal and for the negotiation and 
settlement process and an estimated $101,112 for its reasonable 
expenses that will be incurred in changing Station's KBTK(FM)'s 
frequency.
    The Bureau finds that the settlement agreement complies with 
Section 1.420(j) of the Commission's Rules because Grenax is 
withdrawing its Counterproposal in return for reimbursement of its 
legitimate and prudent expenses that have been incurred or will be 
incurred under our Circleville guidelines. It also determines that the 
dismissal of Grenax's associated application (File No. BNPH-
20120221ACZ) for a new station at Munds Park does not require 
republication of local notice under Section 73.3525(b) because the 
dismissal would not unduly impede the principles of Section 307(b) of 
the Communications Act as Munds Park, a small community with a 
population of 631 persons, already has one local service. Additionally, 
the Section 307(b) preference was made under Priority 4. The Bureau 
further concludes that grant of Univision's application (File No. BPH-
20080915AFP) will serve the public interest because it will provide a 
net gain of service to 1,294,275 persons with no loss of service.
    To accommodate Univision's application, the Bureau grants the 
allotments proposed in the Petition for Rule Making. First, the Bureau 
modifies the license of Station KBTK(FM), Kachina Village, to specify 
operation on Channel 246C2 in lieu of Channel 286C2. Second, it 
substitutes Channel 228C2 for vacant Channel 286C2 at Ehrenberg, 
Arizona at reference coordinates of 33-36-54 NL and 114-24-14 WL. 
Third, the Bureau retains Channel 281C at First Mesa, Arizona, at 
reference coordinates of 35-41-09 NL and 110-21-43 WL because this 
channel was already substituted for vacant Channel 247C at First Mesa 
in the Report and Order.
    Due to changes to the Commission's processing rules, modifications 
of FM channels for existing stations are reflected in the Media 
Bureau's Consolidated Data Base System (``CDBS'') instead of being 
listed in Section 73.202(b). See Revision of Procedures Governing 
Amendments to FM Table of Allotments and Changes of Community of 
License in the Radio Broadcast Services, Report and Order, 21 FR 76208, 
December 20, 2006. Accordingly, the CDBS will reflect Channel 286C0 at 
Wickenburg, Arizona, as the reserved assignment for Station KHOV-FM in 
lieu of Channel 287C2, and Channel 246C2 at Kachina Village, Arizona, 
as the reserved assignment for Station KBTK(FM) in lieu of Channel 
286C2.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
    As stated in the preamble, the Federal Communications Commission 
amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Arizona, is 
amended by removing Channel 286C2 at Ehrenberg and by adding Channel 
228C2 at Ehrenberg, and by removing Munds Park, Channel 246C2.

[FR Doc. 2014-00771 Filed 1-16-14; 8:45 am]
BILLING CODE 6712-01-P