Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

FM Table of Allotments, Custer, Michigan

Download Options

Released: August 22, 2014
image01-00.jpg612x792

Federal Communications Commission

DA 14-1222

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Amendment of Section 73.202(b),

)

MB Docket No. 14-66

Table of Allotments,

)

RM-11689

FM Broadcast Stations.

)

(Custer, Michigan)

)

)

Station WCUZ(FM)

)

File No. BPH-20120301ADL

Bear Lake, Michigan

)

Facility ID No. 57416

REPORT AND ORDER

(Proceeding Terminated)

Adopted: August 21, 2014

Released: August 22, 2014

By the Assistant Chief, Audio Division, Media Bureau:

1.

The Audio Division has before it: (1) a Notice of Proposed Rule Making (“Notice”),1 issued

in response to a Petition for Rule Making (“Petition”) filed by Roy E. Henderson (“Petitioner”), licensee of

Station WCUZ(FM), Bear Lake, Michigan; and (2) Petitioner’s hybrid minor change application

(“Application”) to upgrade the facilities of Station WCUZ(FM) at Bear Lake, Michigan.2 For the reasons

set forth below, we grant the Petition and the Application.

2.

Background. The Notice proposes to amend the FM Table of Allotments, Section

73.202(b) of the Commission’s Rules,3 by substituting Channel 260A for a vacant allotment, Channel

263A, Custer, Michigan. The purpose of the channel substitution is to facilitate grant of the Application

to upgrade the facilities of Station WCUZ(FM) at Bear Lake, from Channel 261A to Channel 264C3. In

order to permit the channel substitution at Custer, Petitioner requested the reclassification of Station

WUGN(FM), Midland, Michigan, to specify operation on Channel 259C0 rather than Channel 259C. We

ordered that reclassification in a letter and released it with the Notice.4 Petitioner was the only party to

file comments in response to the Notice. Petitioner reiterated his interest in this Rule Making, noting that

adoption of the proposed allotment change will allow the upgrade proposed in the Application.5

3.

Discussion. We find that the proposed channel substitution at Custer, Michigan would

serve the public interest, because it will accommodate Petitioner’s proposed channel upgrade for Station

WCUZ(FM), Bear Lake, Michigan. Our independent engineering analysis has determined that the

upgrade will result in a potential net gain of 39,420 persons. In addition, this increase will be

accomplished without any deleterious effect on the vacant Class A allotment at Custer. Therefore,

1 Custer, Michigan, Notice of Proposed Rule Making, 29 FCC Rcd 4099 (MB 2014).

2 WCUZ(FM), Bear Lake, Michigan, Minor Change Application, File No. BPH-20120301ADL. The Application and

Petition are mutually contingent.

3 47 C.F.R. §73.202(b).

4Reclassification of License of Station WUGN(FM), Midland, Michigan, Letter, 29 FCC Rcd 4103 (2014).

5 Petitioner states that Station WCUZ(FM) currently provides service to 16,325 persons using Channel 261A, but

would be able to serve 37,737 persons, if the station is permitted to operate on Channel 264C3.

image02-00.jpg612x792

Federal Communications Commission

DA 14-1222

Channel 260A can be allotted at Custer, Michigan, at reference coordinates of 43-58-16 NL and 86-19-42

WL. The Government of Canada has concurred in the allotment of Channel 260A at Custer, Michigan,

which is located within 320 kilometers (199 miles) of the U.S.-Canadian border.

4.

Ordering Clauses. Accordingly, pursuant to the authority found in 47 U.S.C. Sections

154(i), 155(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, October 6, 2014, 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

Channel

Custer, Michigan

260A

5.

IT IS FURTHER ORDERED, that the minor change application filed by Roy E.

Henderson, licensee of Station WCUZ(FM), Bear Lake, Michigan, to upgrade the facilities of that station

to operate on Channel 264C3, File No. BPH-20120301ADL, IS GRANTED.

6.

The Commission will send a copy of this Report and Order to Congress and the

Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A).

7.

The window periods for filing application for Channel 260A at Custer, Michigan will not

be opened at this time. Instead, the issue of opening filing window for this 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 Deborah A. Dupont, Media

Bureau, (202) 418-7072.

FEDERAL COMMUNICATIONS COMMISSION

Nazifa Sawez

Assistant Chief

Audio Division

Media Bureau

2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.