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Media Bureau Opens Tribal Allotment Filing Window - Peach Springs, AZ

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Released: November 27, 2013
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

445 12th St., S.W.

Washington, D.C. 20554

DA 13-2282

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

Qualifications Showings

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.

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(A)

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;

(B)

(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

(C)

The proposed community of license must be located on the applicant’s Tribal Lands; and

(D)

The proposed service must constitute first or second aural (reception) service, or first

local Tribal-owned commercial transmission service at the proposed community of

license.9

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.

7

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

demonstrating

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

appropriate.

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.

2

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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

(202) 418-2700.

-FCC-

10 See generally Rural Third R&O, 26 FCC Rcd at 17646-48.

3

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