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 Federal  Communications  Commission  DA  02-  1156 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 


 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  69  Table  of  Allotments,  )  RM-  9850 
 FM  Broadcast  Stations.  )  RM-  9945  (Cheboygan,  Rogers  City,  Bear  Lake,  )  RM-  9946 
 Bellaire,  Rapid  River,  Manistique,  )  Ludington,  Walhalla  and  Onaway,  ) 
 Michigan)  1  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  May  1,  2002  Released:  May  17,  2002 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  petition  filed  by  Escanaba  License  Corp.  (  Escanaba),  the  Commission  has  before  it  for  consideration  the  Notice  of  Proposed  Rule  Making  and  Order  to  Show  Cause,  15  FCC 
 Rcd  10292  (2000),  seeking  the  allotment  of  Channel  260C2  at  Cheboygan,  Michigan,  and  the  substitution  of  Channel  292C2  for  Channel  260C2  at  Rogers  City,  Michigan.  D&  B  Broadcasting 
 L.  L.  C.  and  Fort  Bend  Broadcasting  Company  filed  a  joint  counterproposal.  Northern  Radio  Network  Corporation  also  filed  a  counterproposal.  2  Late-  filed  comments  were  received  from 
 Escanaba  supporting  its  proposal  for  Cheboygan  and  Rogers  City.  3  Reply  comments  were  filed  by  Todd  Stuart  Noordyk,  Escanaba,  MacDonald  Garber  Broadcasting,  Inc.,  D&  B  Broadcasting  L.  L.  C., 
 Fort  Bend  Broadcasting  Company,  Northern  Radio  Network  Corporation,  and  Lake  Michigan  Broadcasting. 


 2.  The  Notice  proposed  the  allotment  of  Channel  260C2  at  Cheboygan,  Michigan,  as  a  second  local  FM  service.  To  accommodate  the  allotment  of  Channel  260C2  at  Cheboygan,  Escanaba 
 requested  the  substitution  of  Channel  292C2  for  Channel  260C2  at  Rogers  City,  Michigan,  and  modification  of  the  license  for  Station  WHAK  accordingly.  Escanaba  stated  its  intention  to 


 1  The  communities  of  Bear  Lake,  Bellaire,  Ludington,  Manistique,  Onaway,  Rapid  River  and  Walhalla,  Michigan, 
 have  been  added  to  the  caption. 


 2  The  counterproposals  were  put  on  public  notice  on  August  24,  2000,  Report  No.  22431  (RM-  9945  and  RM-  9946). 


 3  The  comments  filed  by  Escanaba  were  received  at  the  Commission  on  June  20,  2000,  and  are  considered  to  be 
 late-  filed  as  initial  comments.  Comments  were  due  on  June  3,  2000. 
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 Federal  Communications  Commission  DA  02-  1156 
 reimburse  the  licensee  of  Station  WHAK  for  the  reasonable  costs  in  changing  frequency  if  the  requested  allotments  were  made.  An  Order  to  Show  Cause  was  issued  to  the  licensee  of  Station 
 WHAK,  Rogers  City,  Michigan. 
 3.  D&  B  Broadcasting  L.  L.  C.,  licensee  of  Station  WSRQ,  Bear  Lake,  Michigan,  along  with  Fort  Bend  Broadcasting  Company  (  Fort  Bend),  assignee  of  Station  WSRQ,  filed  the  following 
 counterproposal  (RM-  9945).  4  Fort  Bend  submitted  a  proposal  that  will  retain  the  original  request  to  substitute  Channel  292C2  for  Channel  260C2  at  Rogers  City,  pledging  to  reimburse  the  licensee 
 of  Station  WHAK  for  expenses  involved  in  changing  frequencies.  In  addition,  Fort  Bend  requested  the  substitution  of  Channel  260C1  for  Channel  261A  at  Bear  Lake  and  reallotment  of  Channel 
 260C1  from  Bear  Lake  to  Bellaire,  Michigan,  providing  a  first  local  service  for  the  community.  Fort  Bend  further  requested  the  allotment  of  Channel  291A  at  Bear  Lake  to  provide  continuing  local 
 service  as  the  reallotment  of  Station  WSRQ  from  Bear  Lake  to  Bellaire  removes  the  sole  local  service  from  the  community.  Fort  Bend  points  out  that  not  only  will  the  reallotment  provide  a  first 
 local  service  for  Bellaire,  but  the  allotment  of  Channel  291A  at  Bear  Lake  will  replace  a  short-spaced  three  kilowatt  channel  with  a  six  kilowatt  fully-  spaced  channel.  Further  changes  were 
 requested  at  Manistique,  Ludington,  and  Walhalla,  Michigan.  At  Manistique,  Channel  265A  is  requested  as  a  substitution  for  Channel  260A.  Channel  260A  is  currently  vacant  with  one 
 application  pending  for  the  use  of  that  channel  (BPH-  9700925MG).  Here,  Fort  Bend  states  that  it  does  not  believe  it  is  responsible  for  reimbursement  to  an  applicant  but  should  the  Commission 
 determine  otherwise,  it  would  honor  that  decision.  At  Ludington,  Michigan,  Channel  292A  is  presently  occupied  by  Station  WKLA  for  which  the  substitution  of  Channel  254A  is  requested  and  a 
 reimbursement  pledge  has  been  made  for  that  substitution.  At  Walhalla,  Michigan,  it  is  requested  that  Channel  293A  be  substituted  for  vacant  and  unapplied  for  Channel  255A.  Fort  Bend  also 
 requests  the  allotment  of  Channel  259A  at  Rapid  River,  Michigan,  as  a  first  local  service.  According  to  Fort  Bend,  the  1990  U.  S.  Census  shows  Rapid  River,  located  in  Delta  County,  with  a  population 
 of  746  people.  Fort  Bend  provided  information  showing  community  status  for  Bellaire.  5  Additionally,  Fort  Bend  sates  that  it  will  file  applications  for  Channel  260C1  at  Bellaire  and  Channel 
 259A  at  Rapid  River. 


 4  The  assignment  of  license  for  Station  WSRQ,  Bear  Lake,  from  D&  B  to  Fort  Bend  Broadcasting  Company  was 
 granted  on  September  27,  2000  (BALH-  20000717AAU).  FCC  Public  Notice  Report  No.  44831,  issued  October  2,  2000.  The  sale  and  assignment  closed  on  December  4,  2000,  leaving  Fort  Bend  Broadcasting  Company  as  the  sole 


 licensee  of  Station  WSRQ,  Bear  Lake. 
 5  Petitioners  provided  the  following  information  supporting  community  status.  The  community  of  Bellaire  was 
 established  in  1879,  is  a  self-  governing  community  with  a  village  manager  appointed  by  an  elected  village  counsel.  Bellaire  has  its  own  post  office  and  local  school  system.  The  community  is  served  by  several  churches  including 


 Bellaire  United  Methodist  Church,  Hope  Lutheran  of  Bellaire  and  St.  Lukes  Catholic  Church.  Bellaire  has  numerous  businesses  in  the  downtown  area,  its  own  airport,  the  Antrim  County  Airport,  and  its  own  newspaper,  the 
 Antrim  County  News.  Bellaire  is  the  County  Seat  for  Antrim  County,  has  several  parks,  county  offices,  and  several  civic  organizations. 
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 Federal  Communications  Commission  DA  02-  1156 
 4.  Northern  Radio  Network  Corporation  (  NRN),  licensee  of  Station  WHAK,  Rogers  City,  Michigan,  objects  to  changing  its  channel  from  260C2  to  Channel  292C2,  as  requested  by 
 Escanaba.  NRN  argues  that  the  proposed  channel  change  would  substantially  disrupt  station  operations,  cause  confusion  to  the  listening  audience  and  result  in  significant  costs  that  NRN  would 
 initially  have  to  cover.  NRN  states  that  it  realizes  that  the  ultimate  permittee  of  Channel  260C2,  Cheboygan,  would  be  responsible  for  reimbursement  for  the  usual  costs  associated  with  changing 
 frequencies.  To  avoid  changing  channels,  NRN  filed  a  counterproposal  requesting  the  allotment  of  alternate  Channel  249C3  at  Cheboygan  which  does  not  conflict  with  Station  WHAK,  Rogers  City. 
 NRN  also  requested  the  allotment  of  Channel  292C2  at  Onaway,  Michigan,  which  is  in  conflict  with  the  proposed  allotment  of  Channel  292C2  at  Rogers  City.  NRN  states  that  both  channels  can  be 
 allotted  in  compliance  with  the  Commissions  spacing  rules,  providing  the  required  city  grade  coverage  to  each  community.  In  support  of  an  allotment  at  Onaway,  NRN  states  that  the  allotment 
 will  provide  a  first  local  service  to  the  community.  Further,  Onaway  was  incorporated  as  a  community  in  1899,  has  a  1990  population  of  1,039  people,  council-  manager  form  of  government, 
 with  its  own  parks,  court  house,  water  system  and  police  department.  Onaway  has  been  designated  by  the  Michigan  State  Legislature  as  the  Sturgeon  Capital  of  Michigan.  The  community  is 
 supported  by  several  small  manufacturing  facilities  and  tourism.  NRN  points  out  that  Escanabas  proposal  to  add  a  second  FM  frequency  to  Cheboygan  would  serve  priority  four,  other  public 
 interest  maters,  while  its  proposal  to  allot  a  channel  to  Onaway  would  serve  priority  three,  first  local  service.  NRN  believes  that  its  counterproposal  is  superior  to  the  original  proposal  as  the  allotment 
 of  a  class  C3  channel  rather  than  a  class  C2  channel  at  Cheboygan  would  provide  the  community  with  an  additional  FM  service  while  no  disruption  would  be  experienced  by  the  residents  of  Rogers 
 City  and  the  community  of  Onaway  would  be  provided  with  a  first  local  service.  NRN  stated  its  intention  to  file  an  application  for  Channel  249C3  at  Cheboygan  and  Channel  292C2  at  Onaway. 


 5.  The  following  parties  filed  reply  comments  in  this  proceeding.  Escanaba  continues  to  support  an  allotment  at  Cheboygan  and  substitution  at  Rogers  City.  Escanaba  points  out  that  it  has 
 committed  to  payment  or  reimbursement  of  costs  to  Station  WHAK,  Rogers  City,  in  connection  with  the  frequency  change  in  response  to  NRNs  concerns.  Further,  Escanaba  contends  that  the 
 frequency  substitution  should  not  cause  significant  disruption  in  station  operations  because  of  the  advance  promotion  of  the  new  frequency.  Escanaba  also  states  that  in  the  event  the  Commission 
 denies  its  proposal  and  allots  Channel  249C3  to  Cheboygan  and  Channel  292C2  at  Onaway,  Michigan,  as  requested  by  NRN,  it  intends  to  file  applications  for  each  of  those  channels  at  such 
 time  as  filing  is  permitted.  Todd  Stuart  Noordyk  (  Noordyk),  permittee  for  Channel  260A  at  Manistique,  Michigan,  by  virtue  of  Broadcast  Auction  No.  25,  neither  supports  nor  opposes  Fort 
 Bends  counterproposal.  6  Noordyk  states  however,  that  he  would  prefer  the  substitution  of  Channel  241A  or  Channel  234A  for  Channel  260A  at  Manistique,  not  the  substitution  of  Channel  265A  as 


 6  In  supplemental  comments,  Noordyk  stated  that  he  would  prefer  the  substitution  of  Channel  234A  for  Channel 
 260A  at  Manistique  which  can  be  utilized  at  the  application  site  for  Channel  260A  should  it  be  necessary  to  change  channels.  During  the  reply  comment  period,  Noordyk  had  requested  that  Channel  241A  be  substituted  at 


 Manistique  but  it  has  recently  come  to  his  attention  that  Channel  234A  would  be  a  better  replacement  channel. 
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 Federal  Communications  Commission  DA  02-  1156 
 has  been  proposed.  MacDonald  Garber  Broadcasting,  Inc.  (  MGBI)  is  the  licensee  of  Radio  Stations  WMBN-  AM  and  WLXT-  FM,  Petoskey,  Michigan,  Stations  WMKT-  AM  and  WKHQ-  FM, 
 Charlevoix,  Michigan,  and  Stations  WATT-  AM  and  WLXV-  FM,  Cadillac,  Michigan.  MGBI  questions  the  public  interest  merit  to  Fort  Bends  proposal,  essentially  due  to  the  fact  that  its  Station 
 WSRQ-  FM,  Bear  Lake,  has  been  silent  almost  100%  of  the  time  during  the  past  five  years.  7  MGBI  submits  that  the  Commission  should  fully  investigate  the  current  operation  of  Station  WSRQ-  FM 
 before  consideration  is  given  to  relocation  and  upgrade  of  the  facility  as  it  does  not  appear  that  the  station  is  meeting  its  public  interest  obligations  to  the  community  of  Bear  Lake. 


 6.  In  its  reply  comments,  Fort  Bend  contends  that  the  comments  filed  by  Escanaba  are  untimely  and  should  be  disregarded.  Fort  Bend  argues  that  its  counterproposal  is  superior  to  the  original 
 proposal,  should  a  fact  situation  exist  that  would  excuse  the  late  filing  by  Escanaba.  With  respect  to  the  counterproposal  filed  by  NRN,  Fort  Bend  argues  that  the  counterproposal  does  not  qualify  as  a 
 counterproposal  as  the  proposal  is  not  in  conflict  with  the  proposal  set  forth  in  the  Notice.  Specifically,  the  proposal  to  allot  Channel  249C3  to  Cheboygan  is  eleven  channels  removed  from 
 the  proposed  allotment  of  Channel  260C2.  NRN  opposes  Fort  Bends  counterproposal  stating  that  significant  technical  problems  exist  with  respect  to  the  proposed  allotments  at  Bellaire,  Bear  Lake 
 and  Rapid  River.  According  to  NRN,  the  proposed  site  for  Bellaire  would  not  provide  a  line-  of-  site  signal  to  the  community,  precluding  the  allotment  of  Channel  260C1  at  Bellaire.  NRN  continues, 
 stating  that  removal  of  a  communitys  only  local  service  is  generally  unacceptable  and  to  remedy  that  situation,  the  allotment  of  Channel  291A  at  Bear  Lake  has  been  proposed.  According  to  NRN, 
 the  site  selected  for  Channel  291A  is  in  the  Bar  Lake  Swamp,  lacking  access  roads  and  electrical  power  in  the  vicinity  and  that  city  grade  coverage  cannot  be  provided  because  of  a  line-  of-  site 
 problem.  These  problems  should  preclude  the  allotment  of  Channel  291A  at  Bear  Lake.  To  enhance  its  proposal,  Fort  Bend  has  proposed  the  allotment  of  Channel  259A  at  Rapid  River, 
 Michigan,  as  a  first  local  service.  NRN  points  out  that  the  reference  site  for  Rapid  River  provided  in  the  counterproposal  is  located  in  the  Hiawatha  National  Forest,  which  has  few  access  roads  or  power 
 lines.  NRN  argues  that  even  if  the  technical  deficiencies  in  Fort  Bends  proposal  are  ignored,  NRNs  proposal  should  be  favored.  The  choice  is  to  provide  a  first  local  service  to  Bellaire  and 
 Rapid  River,  Michigan,  and  require  five  changes  to  the  FM  Table  of  Allotments  or  allot  a  first  local  service  to  Onaway,  Michigan,  and  a  second  service  to  Cheboygan,  Michigan,  with  no  other  changes 
 to  the  FM  Table  of  Allotments. 


 7.  In  order  to  proceed  with  our  analysis  in  this  proceeding,  an  Order  to  Show  Cause  was 
 7  A  letter  was  sent  to  Fort  Bend  Broadcasting  Co.  on  March  19,  2001,  by  the  Chief,  Audio  Services  Division,  Mass 
 Media  Bureau,  requesting  information  concerning  the  operational  status  of  Station  WSRQ.  Counsel  for  Fort  Bend  responded  on  April  18,  2001,  stating  that  Fort  Bend  Broadcasting  Company  became  the  licensee  of  Station  WSRQ 


 as  of  December  4,  2000,  indicating  that  all  necessary  action  has  been  taken  to  insure  that  Station  WSRQ  is  in  compliance  with  FCC  Rules. 
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 Federal  Communications  Commission  DA  02-  1156 
 directed  to  Lake  Michigan  Broadcasting,  Inc.  (  LMB),  licensee  of  Station  WKLA,  Ludington,  Michigan,  to  show  cause  why  its  license  for  Station  WKLA  should  not  be  modified  to  specify 
 operation  on  Channel  254A  in  lieu  of  Channel  292A  (16  FCC  Rcd  9548  (2001)).  LMB  objects  to  the  proposed  channel  change  at  Ludington.  LMB  argues  that  the  proposed  substitution  is  not  in  the 
 public  interest,  is  disruptive  and  threatens  the  service  that  the  station  provides  to  the  community.  WKLA  is  a  full  service  station  and  is  concerned  that  if  it  were  financially  damaged  by  the  forced 
 modification  of  its  frequency,  some  services  may  have  to  be  discontinued.  LMB  is  also  concerned  that  the  modification  to  Channel  254A  would  increase  the  likelihood  of  intermittent  interference  to 
 the  station  due  to  the  lake  effect  experienced  in  the  area.  LMB  provided  an  engineering  report  showing  that  the  substitution  of  Channel  254A  would  expose  the  station  to  the  increased  possibility 
 of  harmful  interference  from  Channel  255A,  Two  Rivers,  Wisconsin.  LMB  does  not  believe  that  Fort  Bends  proposal  serves  the  public  as  the  sole  local  service  will  be  removed  from  Bear  Lake  to 
 provide  a  first  local  service  at  Bellaire  with  service  to  be  replaced  at  Bear  Lake  by  a  vacant  allotment.  LMB  does  not  believe  that  Fort  Bend  has  made  a  sufficient  showing  to  demonstrate  that 
 removal  of  the  local  service  from  Bear  Lake  is  justified.  LMB  also  believes  that  the  proposed  allotment  of  Channel  259A  at  Rapid  Rivers  is  unsuitable  because  of  the  site  location  in  the  Hiawatha 
 National  Forest.  LMB  contends  that  the  Commission  should  reject  Fort  Bends  counterproposal  as  it  does  not  result  in  a  preferential  arrangement  of  allotments. 


 8.  After  a  review  of  the  comments  filed  in  this  proceeding,  we  believe  that  it  is  in  the  public  interest  to  grant  the  counterproposal  filed  by  Northern  Radio  Network  Corporation.  Therefore,  we 
 shall  allot  Channel  249C3  at  Cheboygan,  Michigan,  as  a  second  local  service  and  Channel  292C2  at  Onaway,  Michigan,  as  a  first  local  service.  Although  the  initial  comments  filed  by  Escanaba 
 License  Corp.  did  support  the  allotment  of  a  C2  channel  at  Cheboygan,  they  were  late  filed  and  have  not  been  considered.  No  other  interest  was  expressed  for  the  allotment  of  a  C2  channel  at 
 Cheboygan.  In  reply  comments  Escanaba  stated  its  support  for  the  allotment  of  Channel  249C3  at  Cheboygan  and  Channel  292C2  at  Onaway. 


 9.  The  counterproposal  filed  by  Fort  Bend  involving  Rogers  City,  Bear  Lake,  Bellaire,  Rapid  River,  Manistique,  Ludington,  and  Walhalla  was  initially  accepted  and  put  on  public  notice.  8 
 Further  analysis  shows  that  the  counterproposal  is  defective  and  will  be  denied.  In  order  to  provide  continuing  local  service  at  Bear  Lake,  Fort  Bend  proposed  the  allotment  of  Channel  291A  as  a  back-fill 
 channel  for  the  community.  Based  on  a  Quadrangle  map  for  the  area,  our  engineering  analysis  found  that  the  proposed  site  for  Channel  291A  is  located  in  the  Bar  Lake  Swamp  and  has  been 
 determined  to  be  an  unusable  site.  It  is  our  determination  that  Channel  291A  cannot  be  allotted  to 


 8  With  respect  to  the  requested  allotment  of  Channel  259A  at  Rapid  River,  our  staff  has  determined  that  there  are 
 no  sites  outside  of  the  Hiawatha  National  Forest  that  would  meet  spacing  requirements  and  provide  city  grade  coverage  to  the  community.  And  since  Fort  Bend  neglected  to  make  a  showing  that  it  had  reasonable  assurance  for 


 use  of  a  site  inside  the  National  Forest,  no  consideration  will  be  given  to  the  allotment  of  Channel  259A  at  Rapid  River.  We  point  out  that  allotment  of  Channel  259A  at  Rapid  River  had  no  effect  on  the  denial  or  acceptance  of 
 Fort  Bends  counterproposal. 
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 Federal  Communications  Commission  DA  02-  1156 
 Bear  Lake  as  a  back-  fill  channel  as  requested  by  Fort  Bend  to  accommodate  the  reallotment  of  Channel  260C1  to  Bellaire.  Therefore,  reallotment  of  Channel  260C1  to  Bellaire  would  remove  the 
 sole  local  service  from  Bear  Lake.  Pursuant  to  the  FM  allotment  priorities  the  counterproposal  would  normally  be  favored  because  the  allotment  of  Channel  260C1  at  Bellaire  would  provide  a  first 
 local  transmission  service  under  priority  3)  to  the  larger  community  of  Bellaire  (population  1,164  people)  than  would  occur  by  retaining  the  channel  at  Bear  Lake  (population  318  people).  9  The 
 Commission  indicated  in  the  Change  of  Community  Order  that  under  some  very  limited  circumstances  it  would  consider  that  the  removal  of  a  sole  local  service  may  be  justified  if  there  are 
 compelling  public  interest  factors  to  offset  the  expectation  of  continued  service  (such  as  a  first  local  service  to  a  significantly  sized  population).  10  However,  we  do  not  find  that  situation  is  applicable 
 here  where  both  the  existing  and  proposed  arrangement  of  allotments  trigger  the  same  allotment  priority.  As  stated  in  the  Modification  of  License  MO&  O, 


 The  public  has  a  legitimate  expectation  that  existing  service  will  continue,  and  this  expectation  is  a  factor  we  must  weigh  independently  against  the  service  benefits  that  may  result  from 
 reallotting  a  channel  from  one  community  to  another  regardless  of  whether  the  service  removed  constitutes  a  transmission  service,  a  reception  service,  or  both. 


 Since  our  engineering  analysis  has  determined  that  Channel  291A  cannot  be  used  as  a  back-  fill  channel  at  Bear  Lake,  we  cannot  find  that  the  reallotment  of  Channel  260C1  from  Bear  Lake  to 
 Bellaire,  Michigan,  provides  a  public  interest  benefit  of  enough  significance  to  outweigh  the  loss  of  the  sole  transmission  service  from  Bear  Lake  or  offset  the  disruption  of  an  existing  service. 


 10.  Channel  249C3  can  be  allotted  to  Cheboygan,  Michigan,  in  compliance  with  the  Commissions  spacing  requirements  at  a  site  19  kilometers  (11.8  miles)  southeast  of  the 
 community.  11  Channel  292C2  can  be  allotted  to  Onaway,  Michigan,  in  compliance  with  the  Commissions  spacing  requirements  at  a  site  19.1  kilometers  (11.9  miles)  northeast  of  the 


 9  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).] 


 10  See  Modification  of  FM  and  TV  Authorizations  to  Specify  a  New  Community  of  License  (  Change  of 
 Community  Order),  4  FCC  Rcd  4870  (1989),  recon.  granted  in  part,  (  Change  of  Community  MO&  O),  5  FCC  Rcd  7094  (1990). 


 11  The  coordinates  for  Channel  249C3  at  Cheboygan  are  45-  34-  45  and  84-  15-  05.  We  do  note  that  Channel  249C3 
 at  Cheboygan  conflicts  with  a  counterproposal  filed  by  Crystal  Clear  Communications,  Inc  on  July  16,  2001,  in  MM  Docket  No.  01-  115  to  allot  Channel  249C2  at  Alpena,  Michigan.  See  16  FCC  Rcd  11103  (2001).  The 


 counterproposal  is  considered  untimely  in  this  proceeding  and  will  be  resolved  in  the  context  of  MM  Docket  No.  01-  115. 
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 community.  12  Since  Cheboygan  and  Onaway  are  located  within  320  kilometers  of  the  U.  S-Canadian  border,  concurrence  of  the  Canadian  Government  has  been  obtained  for  these  allotments. 
 11.  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  July  1,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commissions  Rules,  IS  AMENDED  for  the  communities 
 listed  below,  as  follows: 


 Community  Channel  Number 
 Cheboygan,  Michigan  249C3,  286C1 
 Onaway,  Michigan  292C2 


 12.  A  filing  window  for  Channel  249C3  at  Cheboygan,  Michigan  and  Channel  292C2  at  Onaway,  Michigan,  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. 


 13.  IT  IS  FURTHER  ORDERD,  That  the  counterproposal  filed  by  D&  B  Broadcasting  L.  L.  C  and  Fort  Bend  Broadcasting  Company  (RM-  9945)  IS  DENIED. 


 14.  IT  IS  FURTHER  ORDERED,  That  the  petition  filed  by  Escanaba  License  Corp  (RM-  9850)  IS  DISMISSED. 
 15.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 12  The  coordinates  for  Channel  292C2  at  Onaway  are  45-  26-  28  and  84-  00-  37. 
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 16.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Media  Bureau,  (202)  418-  2180.  Questions  related  to  the  application  filing  process  for  Channel  249C3  at 
 Cheboygan  and  Channel  292C2  at  Onaway,  Michigan,  should  be  addressed  to  the  Audio  Division,  Media  Bureau,  (202)  418-  2700. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Office  of  Broadcast  License  Policy  Media  Bureau 
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