[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Page 41454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16755]



47 CFR Part 73

[FCC 14-85]

Radio Broadcasting Services; Columbia, Missouri

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of application for review.


SUMMARY: In this document, the Federal Communications Commission 
(``Commission'') grants in part and denies in part the Application for 
Review filed by the Curators of the University of Missouri 
(``Petitioner'') of the Memorandum Opinion and Order of the Media 
Bureau (``Bureau'') in this proceeding, which denied the Petitioner's 
request to waive the standard for reserving a vacant FM channel for 
noncommercial educational (``NCE'') use. Although the Bureau erred by 
not giving a ``hard look'' to the waiver request, the Commission found 
that a waiver was not warranted.

DATES: July 16, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, FCC 14-85, adopted June 11, 2014, and 
released June 12, 2014. The full text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center (Room CY-A257), 445 12th Street SW., 
Washington, DC 20554. The complete text of this document may also be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-378-3160 or www.BCPIWEB.com.
    On March 24, 2004, the Petitioner requested the reservation of 
vacant Channel 252C2 at Columbia, Missouri, for NCE use. Although its 
proposal would provide a second NCE service to over 22,000 persons that 
would comprise about 7 percent of its service area, the Petitioner 
requested a waiver of Sec.  73.202(a)(1)(ii) because that rule requires 
that a station provide a first and/or second NCE service to at least 
ten percent of the population within the 1 mV/m contour of the proposed 
station that is at least 2,000 persons in order to reserve the channel.
    The Bureau initially returned the Petition because it did not meet 
the ten percent channel reservation threshold and did not otherwise 
address the Petitioner's waiver request. Upon reconsideration, the 
Bureau found in the Memorandum Opinion and Order that a waiver was not 
warranted because the proposal fell well below the ten percent 
standard. See 71 FR 34279, June 14, 2006.
    On review, the Commission finds that the Bureau failed to give the 
Petitioner's waiver request the required ``hard look'' and grants the 
Application for Review to that extent. However, the Commission finds 
that a waiver of the reservation standard is not warranted because it 
is not enough that the number of persons receiving a first or second 
NCE service exceeds the 2,000 person requirement. Rather, the 
Commission made clear, in adopting this rule, that the number of 
persons must constitute ten percent or more of the station's service 
area. Otherwise, the need for a reserved channel is not great enough.
    The Commission also finds that the licensing circumstances that 
Petitioner faces are not exceptional because 13 other NCE FM stations 
provide some level of NCE service to the 288,383 persons located within 
the allotment's predicted service area. Finally, the Commission rejects 
the Petitioner's argument that the ten percent standard is difficult to 
satisfy because, out of 129 petitions for the reservation of 
allotments, the Commission has granted 55. Accordingly, the Commission 
denies the Application for Review in all other respects.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of the 
Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for 
Review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
[FR Doc. 2014-16755 Filed 7-15-14; 8:45 am]