Media Bureau Opens Tribal Allotment Filing Window - Peach Springs, AZ
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: November 27, 2013
MEDIA BUREAU ANNOUNCES THRESHOLD QUALIFICATIONS WINDOW FOR
TRIBAL ALLOTMENT AT PEACH SPRINGS, ARIZONA
December 27, 2013 Deadline Established for FCC Form 301 Filings and Threshold
The Media Bureau (“Bureau”) announces that it is opening today a Threshold Qualifications
Window (“TQ Window”) during which qualified Tribal applicants may file applications for the Channel
265A Tribal Allotment at Peach Springs, Arizona (the “Peach Springs Tribal Allotment”).1 The 30-day
window will close on December 27, 2013. The TQ Window is being opened pursuant to procedures
announced in the Third Report and Order in Policies to Promote Rural Radio Service and to Streamline
Allotment and Assignment Procedures (“Rural Radio”).2
The Hualapai Tribe (“Hualapai”) previously submitted an FCC Form 301 application with its
petition for the Peach Springs Tribal Allotment.3 The Bureau found that Hualapai satisfied the eligibility
criteria for this Tribal Allotment.4 During the TQ Window, any other eligible Tribe or Tribal entity may
file a competing FCC Form 301 application for the Peach Springs Tribal Allotment, which must include a
threshold qualifications showing. This showing must demonstrate that the applicant Tribe or Tribal entity
would have qualified5 to add the Peach Springs Tribal Allotment to the Table of FM Allotments.6
Specifically, a Tribal applicant must demonstrate that it meets all of the following eligibility criteria for
grant of the Tribal Priority at the allotment stage:
1 See Peach Springs, Arizona, Report and Order, DA 13-326, 28 FCC Rcd 2001 (MB 2013), 78 Fed. Reg. 25861
(May 3, 2013) (“Peach Springs R&O”).
2 See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Third
Report and Order, 26 FCC Rcd 17642, 17645- 50 (2011) (“Rural Third R&O”). See also 47 C.F.R. § 73.3573(f)(6).
3 File No. BNPH-20121010AAO.
4 Peach Springs R&O, 28 FCC Rcd at 2001-02 (¶3).
5 See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First
Report and Order and Further Notice of Proposed Rule Making, 25 FCC Rcd 1583, 1588-89, 1596-97 (2010)
(“Rural First R&O”).
6 47 C.F.R. § 73.202.
The applicant is either a federally recognized Tribe or Tribal consortium, or an entity 51
percent or more of which is owned or controlled by a Tribe or Tribes. Qualifying Tribes
or Tribal entities must be those at least a portion of whose Tribal Lands lie within the
principal community contour of the proposed allotment. Although the 51 or greater
percent Tribal control threshold need not consist of a single Tribe, the qualifying entity
must be 51 percent or more owned or controlled by Tribes at least a portion of whose
Tribal Lands lie within the proposed allotment’s principal community contour;
(1) At least 50 percent of the area within the proposed principal community contour is
over that Tribe’s Tribal Lands, or (2) the proposed principal community contour (a)
encompasses 50 percent or more of that Tribe’s Tribal Lands, (b) serves at least 2,000
people living on Tribal Lands, and (c) the total population on Tribal Lands residing
within the proposed allotment’s service contour constitutes at least 50 percent of the total
covered population7 (and, in the case of either (B)(1) or (B)(2), the proposed allotment’s
principal community contour does not cover more than 50 percent of the Tribal Lands of
a Tribe that is not a party to the application);8
The proposed community of license must be located on the applicant’s Tribal Lands; and
The proposed service must constitute first or second aural (reception) service, or first
local Tribal-owned commercial transmission service at the proposed community of
Any Tribe or Tribally controlled entity interested in filing a competing application and threshold
qualifications showing must contact James Bradshaw at James.Bradshaw@fcc.gov no later than
December 27, 2013, to make arrangements for CDBS electronic filing of a complete FCC Form 301
application for new station construction permit.
Hualapai, as the original allotment proponent, must submit a written notification during the TQ
Window. The notification must include an expression of continuing interest in the Peach Springs Tribal
Allotment, and must include a request that the Bureau either (1) process its previously filed FCC Form
301 application immediately; or (2) postpone processing of its application.
In the event that only one acceptable application is on file at the close of TQ Window, that
application will be processed as a singleton. If no competing application is filed during the TQ Window
and if Hualapai requests that the Bureau postpone processing of its application, the Peach Springs Tribal
Allotment will be offered in a future auction. Only threshold qualified Tribal applicants may bid on that
allotment during this first auction. If two or more acceptable applications are on file at the close of the
TQ Window, those applicants will be afforded an opportunity to negotiate a settlement (including a time-
sharing agreement) or bona fide merger to resolve the mutual exclusivity between their applications.
For purposes of qualifying for the Tribal Priority at the FM allotment stage, the service contour is the class
reference contour as set forth in 47 C.F.R. § 73.211(b). This is the 1 mV/m (60 dBμ) contour.
8 To the extent that a Tribe lacks Tribal Lands, the applicant may establish eligibility for waiver of the above-listed
tribal land coverage provisions, by
a geographic area identified with the Tribe. See Policies to
Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Second Report and Order,
First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, 26 FCC Rcd 2556, 2561-63
(2010) (“Rural Second R&O”). Likewise, we will consider requests for waiver of the other requirements where
9 See Rural First R&O, 25 FCC Rcd at 1596-97; Rural Second R&O, 26 FCC Rcd at 2561-63, 2586-87. See also 47
C.F.R. § 73.3573, Note 5.
Barring such a settlement or merger, the Peach Springs Tribal Allotment will be offered at auction, with
only the threshold qualified Tribal applicants allowed to participate.10
Hualapai’s written notification shall be submitted, in triplicate, to the Office of the Secretary, 445
12th Street, S.W., Washington, DC 20554, with a courtesy copy mailed or delivered to Thomas
Nessinger, Audio Division, Media Bureau, 445 12th Street, S.W., Room 2-B450, Washington, DC 20554,
or e-mailed to Thomas.Nessinger@fcc.gov. Applications and written notification must be filed no later
than 6:00 p.m., Eastern Time, on December 27, 2013.
For additional information, contact Lisa Scanlan or Thomas Nessinger of the Audio Division at
10 See generally Rural Third R&O, 26 FCC Rcd at 17646-48.
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