**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Caseville and Pigeon, Michigan) ) MM Docket No. 01-229

) RM-10257

) RM-11285

) RM-11291

)

(Harbor Beach and Lexington, Michigan) ) MM Docket No. 01-231

) RM-10259

) RM-11285

**REPORT AND ORDER**

**(Proceedings Terminated)**

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

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it the *Notices of Proposed Rule
Making* in the above-captioned proceedings, setting forth two separate
proposals to allot an FM channel to a specific community.[^1] In the
first proceeding, the allotment of Channel 289A at Caseville, Michigan,
was proposed in response to a petition for rule making submitted by
Charles Crawford ("Crawford"). In the second proceeding, the allotment
of Channel 256A at Harbor Beach, Michigan, was proposed, also in
response to a petition for rule making submitted by Crawford.

2\. Crawford filed comments in both proceedings, restating his interest
in the proposed allotment. In addition, counterproposals are pending in
both proceedings. A counterproposal was filed by Edward Czelada
("Czelada") in MM Docket Nos. 01-229 and 01-231, as well as in a number
of other proceedings for allotments in the same vicinity.[^2] As to MM
Docket Nos. 01-229 and 01-231, Czelada proposes the allotment of Channel
267A at Caseville in lieu of Channel 289A, and the allotment of Channel
256A at Lexington, Michigan, in lieu of the allotment of that channel at
Harbor Beach, Michigan. Czelada further proposes the allotment of
Channel 289A at Harbor Beach in lieu of Channel 256A. In addition, a
petition submitted by Katherine Pyeatt ("Pyeatt") proposes the allotment
of Channel 267A at Pigeon, Michigan, as a first local service. That
allotment proposal is mutually exclusive with Czelada's counterproposal
to allot Channel 267A at Caseville, Michigan, and the proposal was
submitted within the comment period for MM Docket No. 01-229. For those
reasons, we shall consider Pyeatt's proposal for the allotment of
Channel 267A at Pigeon, Michigan, as a counterproposal in MM Docket No.
01-229.

3\. Subsequent to the submission of Czelada's counterproposal in these
proceedings and Pyeatt's petition for rule making, Crawford filed
motions in MM Docket Nos. 01-229 and 01-231, seeking to dismiss his
petitions for rule making. Crawford states that no consideration has
been paid or promised, directly or indirectly, for such withdrawal.[^3]
It is the Commission's policy to refrain from making an allotment to a
community absent an adequate expression of interest. By filing his
"Motion to Dismiss Petition," Crawford has demonstrated that he has no
continuing interest in the requested allotments, so we shall not
consider the allotment of Channel 289A at Caseville, Michigan, nor the
allotment of Channel 256A at Harbor Beach, Michigan. We are left,
however, to consider the counterproposals of Czelada and Pyeatt.

4\. In her petition for rule making, Pyeatt states that if Channel 267A
is allotted at Pigeon, Michigan, as a first local service, she will
apply for and construct facilities to provide service using that
allotment. In his counterproposal, Czelada states his intention to apply
for and build facilities for Channel 256A at Lexington, Michigan, but he
does not express that intention with respect to Channel 267A at
Caseville nor Channel 289A at Harbor Beach. We therefore will not
consider the Caseville and Harbor Beach proposals.

5\. Both Pigeon, Michigan, an incorporated village with a population of
1,207 persons, and Lexington, Michigan, an incorporated village with a
population of 1,104 persons, are communities for allotment purposes.
Pigeon is deserving of a first local aural transmission service, and
Lexington is deserving of a second local aural transmission service. In
MM Docket No. 01-229, Channel 267A can be allotted to Pigeon in
compliance with the minimum distance separation requirements of the
Commission's Rules with a site restriction of 9.9 kilometers (6.2 miles)
east of Pigeon at the following reference coordinates: 43-51-44 NL and
83-09-17 WL. Concurrence in this allotment is required because the
proposed allotment is located within 320 kilometers (199 miles) of the
U.S.-Canadian border. Although Canadian concurrence has been requested,
notification has not been received. If a construction permit for Channel
267A at Pigeon, Michigan, is granted prior to receipt of formal
concurrence by the Canadian government, the authorization will include
the following condition: "Operation with the facilities specified herein
for Pigeon, Michigan, is subject to modification, suspension, or
termination without right to hearing, if found by the Commission to be
necessary in order to conform to the Canada-United States FM Broadcast
Agreement, or if specifically objected to by Industry Canada."

6\. In MM Docket No. 01-231, Channel 256A can be allotted to Lexington
in compliance with the minimum distance separation requirements of the
Commission's Rules with a site restriction of 11.9 kilometers (7.4
miles) north of Lexington at the following reference coordinates:
43-22-30 NL and 82-32-04 WL. The Canadian government has concurred in
the proposed allotment of Channel 256A at Lexington, which is located
within 320 kilometers (199 miles) of the U.S.-Canadian border.

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

8\. Accordingly, pursuant to the authority contained in Sections 4(i),
5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as
amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's
Rules, IT IS ORDERED, That effective January 30, 2006, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for
the communities listed below, as follows:

[Community Channel Number]{.underline}

Lexington, Michigan 245A, 256A

Pigeon, Michigan 267A

9\. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
send by Certified Mail, Return Receipt Requested, a copy of this Order
to the following:

Charles Crawford

4553 Bordeaux Avenue

Dallas, Texas 75205

Gene A. Bechtel, Esq.

Law Office of Gene Bechtel

1050 17^th^ Street, N.W. -- Suite 600

Washington, D.C. 20036

(Counsel for Charles Crawford)

Edward T. Czelada

3302 N. Van Dyke

Imlay City, Michigan 48444

Katherine Pyeatt

6655 Aintree Circle

Dallas, Texas 75214

10\. A filing window for these allotments will not be opened at this
time. Instead, the issue of opening these allotments for auction will be
addressed by the Commission in a subsequent order.

11\. IT IS FURTHER ORDERED, that all other proposals pending in these
proceedings ARE DISMISSED for the reasons stated herein.

12\. IT IS FURTHER ORDERED, That these proceedings ARE TERMINATED.

13\. For further information concerning these proceedings, contact
Deborah A. Dupont at (202) 418-7072. Questions related to the
application filing process for channels allotted in these proceedings
should be addressed to the Audio Division, Media Bureau, (202) 418-2700.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

> Audio Division

Media Bureau

[^1]: *See Hartshorne, Oklahoma, Mooreland, Oklahoma, Reydon, Oklahoma,
    Junction, Texas, Caseville, Michigan, Deckerville, Michigan, Harbor
    Beach, Michigan, Port Sanilac, Michigan, Alton, Missouri, and Firth,
    Nebraska*, 16 FCC Rcd 16,341 (MM 2001).

[^2]: *See Bad Axe, Michigan*, 18 FCC Rcd 2396 (MB 2003) (order
    terminating MM Docket No. 01-257*); Deckerville, Michigan*, DA
    05-2916 (MB 2005) (rel. Nov. 4, 2005) (order terminating MM Docket
    No. 01-230); and *Port Sanilac, Michigan*, DA 05-2934 (MB 2005)
    (rel. Nov. 7, 2005) (order terminating MM Docket No. 01-232).

[^3]: *See* 47 C.F.R. § 1.420(j).