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Tribal Allotment, FM Channel 265A, Peach Springs, Arizona

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Released: March 1, 2013
Federal Communications Commission

DA 13-326

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Amendment of Section 73.202(b),
) MB Docket No. 12-374
Table of Allotments,
) RM-11687
FM Broadcast Stations.
)
(Peach Springs, Arizona)
)

REPORT AND ORDER

(Proceeding Terminated)

Adopted:

March 1, 2013

Released:

March 1, 2013
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 the Hualapai Tribe (“Petitioner”). The
Petition requests that the Commission amend the FM Table of Allotments, Section 73.202(b) of the
Commission’s rules, by allotting FM Channel 265A to Peach Springs, Arizona, as a first local Tribal
Allotment and a second local service.2 For the reasons discussed below, we grant the Petition and add
FM Channel 265A to the Table of Allotments as a Tribal Allotment.
2.

Background.

In Rural Radio,3 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.4 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 Hualapai Tribal Lands; Peach Springs, the proposed community of license, is located on Hualapai
Tribal Land; and the proposed facility would be the first local Tribally-owned commercial transmission
service at the proposed community of license. Petitioner filed comments supporting the allotment change
proposed in the Notice. No other comments were received.
3.

Discussion.

We find that Petitioner’s proposal satisfies the requirements for a Tribal
Allotment and that the public interest will be served by allotting FM Channel 265A at Peach Springs,
Arizona, as a Tribal Allotment. This Tribal Allotment will serve the public interest by providing vital
radio service to Peach Springs and surrounding Tribal Lands, and by enabling the Petitioner to set its
own communications priorities and goals with respect to this new radio service. Moreover, the allotment


1 Peach Springs, Arizona, Notice of Proposed Rule Making, 27 FCC Rcd 15954 (MB 2012).
2 Petitioner also filed an associated FCC Form 301 application. See FCC File No. BNPH-20121010AAO.
3 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”).
4 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 13-326

will further the public interest by providing a second local service at Peach Springs. This allotment
complies with the technical requirements of the Commission’s rules.5
4.

Conclusion.

Accordingly, IT IS ORDERED that effective April 15, 2013, the FM Table of
Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED as follows:
Community
Channel Number
Peach Springs, Arizona
265A,6 281C3
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.7 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 this window.8
6. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED.
7. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau,
(202) 418-7072.
FEDERAL COMMUNICATIONS COMMISSION
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau


5 The reference coordinates proposed for Channel 265A at Peach Springs, Arizona, are: 35-33-17 NL and 113-23-41
WL.
6 This channel is reserved as a Tribal Allotment.
7 See 5 U.S.C. § 801 (a)(1)(A).
8 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

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