+----------------------------------+----+------------------------------+
| In the matter of                 | *  | MM Docket No. 00-87          |
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| Amendment of Section 73.202(b),  | ** | RM-9870                      |
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| Table of Allotments,             | *  | RM-9961                      |
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| FM Broadcast Stations.           | ** |                              |
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| (Brightwood, Madras, Prineville  | *  |                              |
| and Bend, Oregon)                | *) |                              |
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**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

**Memorandum Opinion and Order**

**Adopted: September 14, 2005 Released: September 16, 2005**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it a Petition for Reconsideration
    filed by Muddy Broadcasting Company ("Muddy") of a *Report and
    Order*[^1] which allotted Channel 251C1 at Madras, Oregon. To
    accommodate the allotment at Madras, Channel 253C3 was substituted
    for Channel 252C3 at Bend, Oregon and the license for Station
    KTWS(FM) was modified to reflect the channel change. In addition,
    Channel 255C3 was substituted for vacant Channel 254C3 at Prineville
    consistent with the Commission's Rules at the allotment site.

2.  **[Background]{.underline}**. Muddy's petition for rule making
    proposed the allotment of Channel 251C3 at Brightwood, Oregon, as
    the community's first local aural transmission service. In response
    to the *Notice,* Madras Broadcasting ("Madras") filed comments and a
    counterproposal proposing the allotment of Channel 251C1 at Madras,
    Oregon as the community's first local aural transmission
    service.[^2]

3.  Channel 251C1 was allotted at Madras on a comparative basis as the
    larger community after finding that both Brightwood and Madras are
    communities for allotment purposes and deserving of an allotment. It
    was also determined that that there were no alternate channels
    available for allotment at Brightwood, and that alternate channels
    available for allotment at Madras were infeasible or not equivalent
    to the requested Channel 251C. Muddy timely filed a Petition for
    Reconsideration challenging the determination that no alternate
    channel would work at Madras.

4.  **[Settlement]{.underline}**. On July 22, 2005, Madras and Muddy
    filed a Request for Approval of Settlement and Request for Expedited
    Action in this matter. Muddy also filed a separate Request for
    Withdrawal. They state that they have settled this case pursuant to
    the Commission's recently announced settlement window and that this
    is a complete and rule-compliant settlement because a Notice of
    Proposed Rule Making has been released and the comment date fell on
    or before June 14, 2005. They also state that absent the filing of
    Muddy's Petition for Reconsideration, the Report and Order in this
    case would now be final. Therefore, they claim, this is a universal
    settlement since there are no issues left unresolved and no
    remaining proposals which are mutually exclusive.

5.  Consistent with the *Public Notice*[^3]announcing a 90-day
    settlement window for certain pending FM allotment proceedings, we
    will waive the provisions of Section 1.420(j) and grant Muddy and
    Madras' Request for Approval of Settlement and Muddy's Request for
    Approval of Withdrawal by dismissing the Petition for
    Reconsideration.

6.  Accordingly, IT IS ORDERED That the Petition for Reconsideration
    filed by Muddy Broadcasting Company IS DISMISSED.

7.  IT IS FURTHER ORDERED That this proceeding IS TERMINATED.

8.  For further information concerning this proceeding, contact
    Victoria M. McCauley, Audio Division, Media Bureau (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief

    Audio Division

    Media Bureau

[^1]: *Brightwood, Madras, Prineville and Bend, Oregon,* 16 FCC Rcd
    18893 (2001).

[^2]: Public Notice of the filing of the counterproposal was given on
    September 20, 2000, Report No. 2440.

[^3]: *Window Announced for Universal Settlements of Pending Rulemaking
    Proceedings to Amend FM Table of Allotments*, 20 FCC Rcd 10756 (MB
    2005) ("*Public Notice"*).