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File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $// Order to Show Cause, KABN(AM)/KSDP(AM), DA 95-1596 //$ $/ 300.316 Modification by Commission of Construction Permits or Lic /$ $/ 1.87 Modification of license or construction permit on motion of /$ Before the Federal Communications Commission DA 95-1596 Washington, D.C. 20554 In re ) ) Modification of the Licenses of ) ) KABN(AM), Long Island, Alaska ) To Specify Operation on 840 kHz ) ) and ) ) KSDP(AM), Sand Point, Alaska ) To Specify Operation on 830 kHz ) ) ) ) ORDER TO SHOW CAUSE Adopted: July 12, 1995 Released: July 18, 1995 By Chief, Audio Services Division, Mass Media Bureau: 1. Chester Coleman, ("Coleman") licensee of KABN(AM), Long Island, Alaska and Aleutian Peninsula Broadcasting, Inc. ("Aleutian"), licensee of KSDP(AM), Sand Point, Alaska, were granted construction permits to effectuate a mutual frequency exchange. Coleman was issued a construction permit, BP-891109AD, to change the frequency of KABN(AM) from 830 kHz to 840 kHz, the frequency on which KSDP(AM) is licensed. Concurrently, Aleutian was issued a construction permit to change the frequency of KSDP(AM) from 840 kHz to 830 kHz. Both construction permits contain conditions requiring that the frequency changes be implemented simultaneously. The frequency exchange, as proposed, did not contemplate construction of new facilities. However, the Commission's records demonstrate that KABN(AM) has been off the air due to conductivity problems that have affected the operation of its transmission system. Coleman proposes to move KABN(AM)'s transmitter to a new site, and has filed an application to modify its construction permit for 840 kHz. However, Coleman has acknowledged that it will not be possible for KABN(AM) to return to the air, either on 830 kHz, its licensed frequency, or on 840 kHz, at its presently authorized site. Aleutian, which stands ready to implement its operation on 830 kHz, has not been able to do so while KABN(AM) is licensed for operation on 830 kHz. 2. We believe that the public interest would be served by prompt implementation of the frequency changes authorized in the KABN(AM) and KSDP(AM) construction permits. The change in frequency of KABN(AM) from 830 kHz to 840 kHz will improve the secondary skywave service of both KABN(AM) and first adjacent channel KCBF(AM), Fairbanks, Alaska, which operates on 820 kHz, and is thus consistent with the Commission's goal to alleviate interference in the AM band. See Review of the Technical Assignment Criteria for the AM Broadcast Service, 6 FCC Rcd 6273 (1991), recon. granted in part and denied in part, 8 FCC Rcd 3250 (1993). Additionally, both KABN(AM) and KCBF(AM) are Class A Alaskan stations that provide wide-area interference free service at night. Thus, we believe that it is appropriate to simultaneously modify the licenses of both KABN(AM) and KSDP(AM) to the new frequencies contemplated in the original construction permits. This resolution is possible given that the contemplated frequency exchange did not require either station to build new facilities. Furthermore, KABN(AM)'s pending application to move to a new site is wholly unrelated to the frequency exchange. Only the station's licensed frequencies will be modified, and all other terms of the stations' license authorizations will remain the same. 3. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the Communications Act, as amended, 47 U.S.C.  316, Chester Coleman is hereby ordered to show cause why the license of KABN(AM) should not be modified to specify operation on 840 kHz as authorized in its construction permit, BP-891109AD. Pursuant to Section 1.87 of the Commission's Rules, 47 C.F.R.  1.87, Chester Coleman may, not later than 30 days from the date of this Order to Show Cause, request a hearing or file a written statement showing with particularity why the license of KABN(AM) should not be modified as proposed in this Order to Show Cause. Pursuant to 47 C.F.R.  1.87, failure to file a written statement or to request a hearing within the time specified will result in a waiver of the right to file such a statement or to request a hearing. Under these circumstances, Chester Coleman will be deemed to have consented to the modification as proposed in this Order to Show Cause and action will be taken to modify the license of KABN(AM) to 840 kHz. 4. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act, as amended, 47 U.S.C.  316, Aleutian Peninsula Broadcasting, Inc. is hereby ordered to show cause why the license of KSDP(AM) should not be modified to specify operation on 830 kHz as authorized in its construction permit, BP-891109AA. Pursuant to Section 1.87 of the Commission's Rules, 47 C.F.R.  1.87, Aleutian Peninsula Broadcasting, Inc. may, not later than 30 days from the date of this Order to Show Cause, request a hearing or file a written statement showing with particularity why the license of KSDP(AM) should not be modified as proposed in this Order to Show Cause. Pursuant to 47 C.F.R.  1.87, failure to file a written statement or to request a hearing within the time specified will result in a waiver of the right to file such a statement or to request a hearing. Under these circumstances, Aleutian Peninsula Broadcasting, Inc. will be deemed to have consented to the modification as proposed in this Order to Show Cause and action will be taken to modify the license of KSDP(AM) to 830 kHz. 5. IT IS FURTHER ORDERED That a copy of this Order to Show Cause shall be served on Chester Coleman, licensee of KABN(AM), and on Aleutian Peninsula Broadcasting, Inc., licensee of KSDP(AM) at the following addresses by certified mail, return receipt requested : Chester P. Coleman Suite 625 1255 Post Street San Francisco, CA 94109 with a copy to his counsel: David Tillotson, Esq. 3421 M Street, N.W. Washington, DC 20007 Aleutian Peninsula Broadcasting, Inc. P.O. Box 328 Sands Point, AK 99661 with a copy to its counsel: Kenneth Satten, Esq. Christine V. Simpson, Esq. Wilkinson, Barker, Knauer & Quinn 1735 New York Avenue, N.W. Washington, DC 20006 FEDERAL COMMUNICATIONS COMMISSION Larry D. Eads Chief, Audio Services Division Mass Media Bureau