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FM Table of Allotments, Tohatchi, New Mexico

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Released: May 2, 2014
Federal Communications Commission

DA 14-600

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Amendment of Section 73.202(b),
)
MB Docket No. 13-250
Table of Allotments,
)
RM-11705
FM Broadcast Stations.
)
(Tohatchi, New Mexico)

)

REPORT AND ORDER

(Proceeding Terminated)

Adopted: May 1, 2014

Released: May 2, 2014

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it: a Notice of Proposed Rule Making (“Notice”)1 issued in
response to a Petition for Rule Making (“Petition”) filed by Navajo Nation (“Petitioner”), proposing to
amend the FM Table of Allotments, Section 73.202(b) of the Commission’s Rules,2 by allotting FM
Channel 268C2 at Tohatchi, New Mexico, as a first local Tribal Allotment and a first local service to the
community.3 Comments were filed separately by Petitioner and The Navajo Nation Telecommunications
Regulatory Commission (“NNTRC”).4 No other comments were received. For the reasons discussed
below, we grant the Petition and allot Channel 268C2 at Tohatchi, New Mexico to the FM Table of
Allotments as a Tribal Allotment.
2.

Background.

In Rural Radio,5 the Commission concluded that the public interest would be
served by establishing a Section 307(b) priority in favor of Tribes and Tribal Entities proposing the
allotment of FM channels to serve Tribal Lands.6 Petitioner, a federally-recognized Tribe, certifies that
its proposal meets the requirements established in Rural Radio for a Tribal Priority. Specifically,
Petitioner provides evidence that: at least 50 percent of the proposed principal community contour would
cover Navajo Reservation; Tohatchi, the proposed community of license, is located on Navajo
Reservation (Tribal Land). Tohatchi is a census-designated place (CDP) with a 2010 U.S. Census


1 Tohatchi, New Mexico, Notice of Proposed Rule Making, 28 FCC Rcd 1999 (MB 2013).
2 47 C.F.R. § 73.202(b).
3 Petitioner also filed an associated FCC Form 301 application. See FCC File No. BNPH-20130710ACW.
4 NNTRC was established pursuant to Navajo Nation Council Resolution ACMA-36-84 in order to regulate all
matters related to telecommunications on the Navajo Nation.
5 See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Notice of
Proposed Rule Making, 24 FCC Rcd 5239 (2009) (“NPRM”); First Report and Order, 25 FCC Rcd 1583 (2010)
(“First R&O”); Second Report and Order, 26 FCC Rcd 2556 (2011) (“Second R&O”); and Third Report and Order,
26 FCC Rcd 17642 (2011) (“Third R&O”) (collectively, “Rural Radio”).
6 Rural Radio, First R&O, 25 FCC Rcd at 1596-97. See also NPRM, 24 FCC Rcd at 5248, n.29 (defining “Indian
Tribe[s]” and “Federally-Recognized Indian Tribes”), and n.30 (defining “Tribal Lands”).

Federal Communications Commission

DA 14-600

population of 808 persons.7 Petitioner and NNTRC filed comments supporting the allotment proposed in
the Notice.
3.

Discussion.

We find that Petitioner’s proposal satisfies the requirements for a Tribal Allotment
and the public interest will be served by the allotment of Channel 268C2 at Tohatchi, New Mexico, as a
Tribal Allotment. This Tribal Allotment will serve the public interest by providing vital radio service to
Tohatchi and surrounding Navajo Nation Tribal Lands, and by enabling the Petitioner to set its own
communications priorities and goals with respect to this new service. Moreover, the allotment will
further the public interest by providing a first local transmission service at Tohatchi, New Mexico. A
staff engineering analysis confirms that Channel 268C2 can be allotted to Tohatchi consistent with the
minimum distance separation requirements of the Commission’s Rules with no imposition of a site
restriction at reference coordinates 35-54-37 NL and 108-46-26 WL.
4.

Conclusion.

Accordingly, IT IS ORDERED, That effective June 16, 2014, the FM Table of
Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED as follows:
Community
Channel Number
Tohatchi, New Mexico

268C28
5. The Commission will send a copy of this Report and Order in a report to Congress and the
Government Accountability Office pursuant to the Congressional Review Act.9 The Commission will
release in the near future a public notice announcing a Threshold Qualifications Window. Any
qualifying applicant may file an FCC Form 301 for this channel during the window.10
6. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED.


7 Tohatchi has its own post office and zip code (87325). It has a political subdivision known as a Chapter of the
Navajo Nation, with a local government headed by a locally-elected Chapter President. Tohatchi is the site of one of
the Navajo Area Health Service’s newest medical facilities, which provides ambulatory care to approximately 8,000
residents of the area. The Navajo Nation Division of Public Safety maintains a youth detention facility in Tohatchi.
Tohatchi has three public schools, Tohatchi Elementary School, Tohatchi Middle School and Tohatchi High School,
and the Ch-Ooshgai Community School, which operates a grant school from kindergarten through eighth grade.
Tohatchi also has businesses and a number of churches.
8 This channel is reserved as a Tribal Allotment.
9 See 5 U.S.C. § 801 (a)(1)(A).
10 See Third R&O, 26 FCC Rcd at 17645-46. See also Second R&O, 26 FCC Rcd at 2588-90. Should no applicant
meeting threshold qualifications file FCC Form 301 during the Threshold Qualifications Window (and should the
proponent request that its already-filed Form 301 application not be immediately processed), the Tribal Allotment
will be included in the inventory for a broadcast auction at a later date. In that event, only threshold qualified
applicants, including the original proponent, would be permitted to participate in the auction. Third R&O, 26 FCC
Rcd at 17649.
2

Federal Communications Commission

DA 14-600

7. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau,
(202) 418-2700.
FEDERAL COMMUNICATIONS COMMISSION
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau
3

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