**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MB Docket No. 07-281         |
|                                  | *) |                              |
| Amendment of Section 73.202(b)   | ** | RM-11408                     |
|                                  |    |                              |
| Table of Allotments,             | *  |                              |
|                                  | *) |                              |
| FM Broadcast Stations.           | ** |                              |
|                                  |    |                              |
| (Elko, Nevada)                   | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**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 has before it a *Notice of Proposed Rule
    Making*[^1] issued at the request of L. Topaz Enterprises, Inc.
    ("Petitioner"), proposing to allot Channels 274C3 and 284C3 at Elko,
    Nevada. Petitioner has concurrently filed a FCC Form 301 new station
    application[^2] for Channels 274C3 and 284C3 at Elko, and was
    required to submit a filing fee pursuant to *Revision of Procedures
    Governing Amendments to FM Table of Allotments and Changes of
    Community of License in the Radio Broadcast Services*.[^3]
    Petitioner certifies in its petition, and reiterates in its comments
    that if the requested FM channels are allotted and its concurrent
    applications are granted, it will participate at auction for the
    channels. One comment in opposition was filed by Ralph J. Carlson,
    President of Stations KRJC(FM) and KTSN(AM), Elko, Nevada
    ("Carlson").

2.  Carlson opposes the allotment of additional channels to the
    community. He states the addition of two more radio stations into a
    market which he claims has 30,763 persons, will create a financial
    hardship on the existing stations.

3.  We will grant the allotment of Channels 274C3 and 284C3 at Elko.
    Contrary to Carlson's concern, we believe that the proposal would
    serve the public interest, because it would provide a fifth and
    sixth local services to the community of Elko, 2000 U.S. Census
    population 16,980 persons, under Priority 4 of the FM allotment
    priorities.[^4] In addition, we have a proponent who has filed
    applications for both channels and has pledged to build and operate
    the stations, should he prevail at auction. We do not give weight to
    third-party specific economic issues when making allotment
    determinations, particularly when they are vague and speculative, as
    are Carlson's allegations.[^5]

4.  A staff engineering analysis indicates that Channels 274C3 and 284C3
    can be allotted to Elko consistent with the minimum distance
    separation requirements of the Commission's rules, without a site
    restriction at the city center coordinates 40-49-57 NL and 115-45-44
    WL.

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.  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 community listed below, to read as
    follows:

**[Community]{.underline}** **[Channel]{.underline}**

Elko, Nevada 274C3, 284C3

7.  A filing window period for Channels 274C3 and 284C3 for Elko, Nevada
    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*.

8.  IT IS FURTHER ORDERED That the comments filed by Ralph J. Carlson,
    ARE DENIED.

9.  IT IS FURTHER ORDERED, That the aforementioned proceeding IS
    TERMINATED.

10. For further information concerning this proceeding, contact Victoria
    McCauley, Media Bureau (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

[^1]: *Elko, Nevada,* Notice of Proposed Rule Making, 22 FCC Rcd 21658
    (MB 2008).

[^2]: File Nos. BNPH-20070711ABR and BNPH-20070717ABV.

[^3]: Report and Order, 21 FCC Rcd 14212 (2006) ("*Revised Allotment
    Procedures R&O*")

[^4]: The FM allotment priorities are: (1) First full-time aural
    service; (2) Second full-time aural service; (3) First local
    service; and (4) Other public interest matters. Co-equal weight is
    given to Priorities (2) and (3). *See Revision of FM Assignment
    Policies and Procedures,* Second Report and Order, 90 FCC 2d 88
    (1988).

[^5]: *See Potts Camp and Saltillo, Mississippi*, Memorandum Opinion and
    Order, 16 FCC Rcd 16116 (2001); see *also Albion, Nebraska,*
    Memorandum Opinion and Order, 10 FCC Rcd 11,927 (1995);
    *Southampton, New York*, Memorandum Opinion and Order, 10 FCC Rcd
    11,516 (1995).