Federal Communications Commission DA 13-326 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 12-374 Table of Allotments, ) RM-11687 FM Broadcast Stations. ) (Peach Springs, Arizona) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 1, 2013 Released: March 1, 2013 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Notice of Proposed Rule Making (“Notice”)1 issued in response to a Petition for Rule Making (“Petition”) filed by the Hualapai Tribe (“Petitioner”). The Petition requests that the Commission amend the FM Table of Allotments, Section 73.202(b) of the Commission’s rules, by allotting FM Channel 265A to Peach Springs, Arizona, as a first local Tribal Allotment and a second local service.2 For the reasons discussed below, we grant the Petition and add FM Channel 265A to the Table of Allotments as a Tribal Allotment. 2. Background. In Rural Radio,3 the Commission concluded that the public interest would be served by establishing a Section 307(b) priority in favor of Tribes and Tribal Entities proposing the allotment of FM channels to serve Tribal Lands.4 Petitioner, a federally-recognized Tribe, certifies that its proposal meets the requirements established in Rural Radio for a Tribal Priority. Specifically, Petitioner provides evidence that: at least 50 percent of the proposed principal community contour would cover Hualapai Tribal Lands; Peach Springs, the proposed community of license, is located on Hualapai Tribal Land; and the proposed facility would be the first local Tribally-owned commercial transmission service at the proposed community of license. Petitioner filed comments supporting the allotment change proposed in the Notice. No other comments were received. 3. Discussion. We find that Petitioner’s proposal satisfies the requirements for a Tribal Allotment and that the public interest will be served by allotting FM Channel 265A at Peach Springs, Arizona, as a Tribal Allotment. This Tribal Allotment will serve the public interest by providing vital radio service to Peach Springs and surrounding Tribal Lands, and by enabling the Petitioner to set its own communications priorities and goals with respect to this new radio service. Moreover, the allotment 1 Peach Springs, Arizona, Notice of Proposed Rule Making, 27 FCC Rcd 15954 (MB 2012). 2 Petitioner also filed an associated FCC Form 301 application. See FCC File No. BNPH-20121010AAO. 3 See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Notice of Proposed Rule Making, 24 FCC Rcd 5239 (2009) (“NPRM”); First Report and Order, 25 FCC Rcd 1583 (2010) (“First R&O”); Second Report and Order, 26 FCC Rcd 2556 (2011) (“Second R&O”); and Third Report and Order, 26 FCC Rcd 17642 (2011) (“Third R&O”) (collectively, “Rural Radio”). 4 Rural Radio, First R&O, 25 FCC Rcd at 1596-97. See also NPRM, 24 FCC Rcd at 5248, n.29 (defining “Indian Tribe[s]” and “Federally-Recognized Indian Tribes”), and n.30 (defining “Tribal Lands”). Federal Communications Commission DA 13-326 2 will further the public interest by providing a second local service at Peach Springs. This allotment complies with the technical requirements of the Commission’s rules.5 4. Conclusion. Accordingly, IT IS ORDERED that effective April 15, 2013, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED as follows: Community Channel Number Peach Springs, Arizona 265A,6 281C3 5. 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.7 The Commission will release in the near future a public notice announcing a Threshold Qualifications Window. Any qualifying applicant may file an FCC Form 301 for this channel during this window.8 6. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202) 418-7072. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau 5 The reference coordinates proposed for Channel 265A at Peach Springs, Arizona, are: 35-33-17 NL and 113-23-41 WL. 6 This channel is reserved as a Tribal Allotment. 7 See 5 U.S.C. § 801 (a)(1)(A). 8 See Third R&O, 26 FCC Rcd at 17645-46. See also Second R&O, 26 FCC Rcd at 2588-90. Should no applicant meeting threshold qualifications file FCC Form 301 during the Threshold Qualifications Window (and should the proponent request that its already-filed Form 301 application not be immediately processed), the Tribal Allotment will be included in the inventory for a broadcast auction at a later date. In that event, only threshold qualified applicants, including the original proponent, would be permitted to participate in the auction. Third R&O, 26 FCC Rcd at 17649.