**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 05-54          |
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| Amendment of Section 73.202(b),  | ** | RM-11151                     |
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| Table of Allotments,             | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Otter Creek, Florida)           | *  |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: February 22, 2006 Released: February 24, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it the *Notice of Proposed Rule
    Making* [^1] issued at the request of Living Proof, Inc.
    ("Petitioner"), proposing the reservation of vacant Channel 240A at
    Otter Creek, Florida for noncommercial educational ("NCE") use.
    Petitioner filed comments. No other comments were received in this
    proceeding.

2.  **Background.** In the *Reexamination of the Comparative Standards
    for Noncommercial Educational Applicants,* the Commission
    established revised criteria by which a rulemaking proponent may
    reserve an FM allotment for NCE use.[^2] Under the expanded
    criteria, a proponent must demonstrate that it is technically
    precluded from using a reserved channel (Channels 201 through 220)
    and the proposal would provide a first and/or second NCE radio
    service to at least 10 percent of the population within the 1 mV/m
    (60 dBu) contour of the proposed station and such population must
    exceed 2,000 persons. Originally, the Commission limited this
    expanded reservation criteria to future allotment proceedings.
    Thereafter, the Commission extended the expanded criteria to
    existing vacant FM allotments for which a *Notice of Proposed Rule
    Making* had been released prior to August 7, 2000, the effective
    date of the *NCE Report and Order*.[^3] In a *NCE Public Notice*
    released September 30, 2003, we invited petitions for rule making to
    reserve vacant FM allotments for NCE use pursuant to the *NCE Second
    Report and Order.*[^4]

3.  As stated in the *Notice,* Petitioner filed a proposal requesting
    the reservation of vacant Channel 240A at Otter Creek, Florida for
    NCE use. In response to the *Notice,* Petitioner filed comments
    restating its interest in the NCE reservation of vacant Channel 240A
    at Otter Creek. Petitioner states that the reservation of the
    allotment would provide 2,092 persons with a first NCE service and
    1,198 persons with a second NCE service.

4.  **Discussion.** Our staff engineering analysis has determined that
    there are no NCE channels available at Otter Creek and that the NCE
    reservation of vacant Channel 240A at Otter Creek would, in fact,
    provide a first and/or second NCE service to 3,419 persons (31.8
    percent) of the total population of 10,735 persons. Accordingly, we
    are reserving vacant Channel 240A at Otter Creek, Florida for NCE
    use.[^5]

5.  The Commission will send a copy of this *Report and Order* in a
    report to be sent to Congress and the Government Accountability
    Office pursuant to the Congressional Review Act, *see* 5 U.S.C.
    801(a)(1)(A).

6.  Pursuant to the authority found in 47 U.S.C. Sections 4(i), 5(c)(1),
    303(g) and (r) and 307(b) and 47 C.F.R. Sections 0.61, 0.204(b) and
    0.283, IT IS FURTHER ORDERED, That effective April 10, 2006, the FM
    Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED, with
    respect to the communities listed below, to read as follows:

[Communities]{.underline} [Channel No.]{.underline}

Otter Creek, Florida \*240A

7.  The window period for filing noncommercial educational applications
    for Channel \*240A at Otter Creek, Florida will not be opened at
    this time. Instead, the issue of opening a filing window for this
    NCE allotment will be addressed by the Commission in a subsequent
    order.

8.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9.  For further information concerning this proceeding, contact
    Rolanda F. Smith, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

[^1]: *Otter Creek, Florida,* 20 FCC Rcd 3585 (MB 2005) ("*Notice").*

[^2]: 15 FCC Rcd 7386 (2000) ("*NCE Report and Order"*). Previously, the
    Commission would only reserve a channel in the non-reserved FM band
    (Channels 221 through 300) if the petitioner demonstrated that no
    reserved channel could be used without causing prohibited
    interference to Channel 6 TV station(s) and to foreign allotments.

[^3]: *Reexamination of the Comparative Standards for Noncommercial
    Educational Applicants* ("*NCE Second Report and Order*")*,* 18 FCC
    Rcd 6691 (2003).

[^4]: *Media Bureau Opens Window to Permit Noncommercial Educational
    Reservation Showings for Certain Vacant FM Allotments,* 18 FCC Rcd
    19600 (MB 2003) ("*NCE Public Notice"*).

[^5]: The reference coordinates for Channel \*240A at Otter Creek,
    Florida are 29-16-52 NL and 82-51-42 WL*.*