**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of     | * | MB Docket No.      |                      |
|                      | * | 07-210             |                      |
| Amendment of Section | ) |                    |                      |
| 73.202(b),           | * | RM-11399           |                      |
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| Table of Allotments, |   |                    |                      |
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| (Butte Falls and     | * |                    |                      |
| Netarts, Oregon)     |   |                    |                      |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 8, 2008 Released: October 10, 2008**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division considers herein the *Notice of Proposed Rule
Making ("Notice"),*[^1] issued at the request of Oregon Radio Partners,
LLC ("Petitioner"), proposing the allotment of Channel 290A at Butte
Falls, Oregon, and the allotment of Channel 232C3 at Netarts, Oregon.
Petitioner filed comments. No counterproposals or other comments were
received in response to this *Notice*. For the reasons discussed below,
we are amending the FM Table of Allotments, Section 73.202(b) of the
Commission's Rules,[^2] by allotting Channel 290A at Butte Falls and
Channel 232C3 at Netarts.

2.  **Background.** The *Notice* proposed the allotment of Channel 290A
    at Butte Falls and Channel 232C3 at Netarts, as first local
    services. As stated in the *Notice,* to accommodate the Netarts
    allotment, Oregon Eagle, Inc., licensee of Station KTIL-FM, Channel
    232C3, Tillamook, Oregon, has proposed the substitution of Channel
    232C2 for Channel 232C3, the reallotment of Channel 232C2 from
    Tillamook to Government Camp, Oregon, and the modification of the
    Station KTIL-FM license to reflect the change (the "KTIL-FM
    Application").[^3] To accommodate the channel substitution at Bend,
    Oregon, James D. McDaniel, the auction winner for Channel 225A at
    Butte Falls, has amended his construction permit application to
    specify Talent, Oregon.[^4] To ensure retention of a first local
    service in Butte Falls, Petitioner proposed the allotment of Channel
    290A in that community.

3.  **Discussion.** Accordingly, we are allotting Channel 290A at Butte
    Falls and Channel 232C3 at Netarts, as first local services. Channel
    290A at Butte Falls can be allotted, consistent with the minimum
    distance separation requirements of the Commission's Rules, at
    reference coordinates 42-36-19 NL and 122-24-38 WL with a site
    restriction of 14.7 kilometers (9.1 miles) northeast of Butte Falls.
    Moreover, Channel 232C3 can be allotted to Netarts, consistent with
    the minimum distance separation requirements of the Commission's
    Rules, at reference coordinates 45-27-56 NL and 123-58-11 WL with a
    site restriction of 4 kilometers (2.5 miles) northwest of
    Netarts.[^5] We note that the hybrid community of license
    applications, File Nos. BPH-20070125ADO and BNPH-20060310ACD[^6]
    will be granted simultaneously with the release of this *Report and
    Order*.

4.  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).

5.  **Ordering clauses.** Accordingly, 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 ORDERED, That
    effective November 24, 2008, 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}

Butte Falls, Oregon 290A

Netarts, Oregon 232C3

6.  The window period for filing applications for Channel 290A at Butte
    Falls and Channel 232C3 at Netarts will not be opened at this time.
    Instead, the issue of opening this allotment for auction will be
    addressed by the Commission in a subsequent order.

7\. IS FURTHER ORDERED, That the aforementioned proceeding IS
TERMINATED.

8\. 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]: *See Butte Falls and Netarts, Oregon*, Notice of Proposed Rule
    Making, 22 FCC Rcd 17627 (MB 2007).

[^2]: 47 C.F.R. § 73.202(b).

[^3]: *See* File No. BPH-20070125ADO. To accommodate the KTIL-FM
    Application, we issued two *Order to Show Cause ("OTSC")* directed
    to the licensees of Station KXIX, Channel 231C0, Bend, Oregon and
    Station KRXF, Channel 224C2, Sunriver, Oregon. *See Letter to GCC
    Bend, LLC,* Ref. No. 1800B3-HC (MB May 23, 2007) (*OTSC* to Station
    KXIX licensee) and *Letter to Fields Pond Group,* Ref. No. 1800B3-HC
    (MB May 23, 2007) (*OTSC* to Station KRXF licensee). No responses
    were received. As such*,* the licensees of Stations KXIX and KRXF
    are deemed to have consented to the channel substitutions with
    respect to Channel 225C0 at Bend, Oregon for Station KXIX and
    Channel 231C2 at Sunriver, Oregon for Station KRXF, respectively.
    *See* 47 C.F.R. §1.87. *See also Circleville, Ohio,* Second Report
    and Order, 8 FCC 2d 159 (1967).

[^4]: *See* File No. BNPH-20060310ACD.

[^5]: The coordinates for Channel 232C3 at Netarts are located 320
    kilometers from the Canadian border. As such, Canadian concurrence
    has been requested. The Canadian government has concurred with this
    allotment.

[^6]: Butte Falls will not be deprived of its sole local service because
    this new FM station facilities are unbuilt. *See Linden, Texas et
    al.,* Report and Order, 16 FCC Rcd 10853 (MMB 2001) (holding that
    removal of unbuilt facilities does not present the same loss of
    service concerns as removal of a licensed station). Moreover, the
    grant of this application does not violate our backfill allotment
    policy of existing stations since the new FM station at Butte Falls
    is unbuit. *See Pacific Broadcasting of Missouri, LLC,* Memorandum
    Opinion and Order, 18 FCC Rcd 2291 (2003), *recon denied,*
    Memorandum Opinion and Order, 19 FCC Rcd 10950 (2004)(stating that
    the backfill of a vacant allotment does not adequately cure the
    disruption to existing service resulting from the removal of an
    operating station).