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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6Q/P#X01Í ÍX01Í Í#XP\  P6QCXP#uuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddnddddddd"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BE7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fExTxTxTxo7oE\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^ee*B`^-wSTTn[Cfx`xWkRx[\[ceIfIs`Wx[rriwhe*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTT2'@@@S!@$"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBdddddd("Ingstad"), Atlantis Broadcasting Co., L.L.C. ("Atlantis") and Jo Guck Bailey ("Bailey").0x yOY-ԍ#X\  P6G;/P# The counterproposals were put on public notice on March 12, 1997 (Report No. 2180).  X-Atlantis, Bailey, Ingstad and Wychor filed reply comments.  X- 2.VCB counterproposed the allotment of Channel 231A at Vernon Center, Minnesota, as  Fthat community's first local service (RM9035). According to VCB, Vernon Center is an  Fincorporated community, governed by an elected mayor and city council and is located on U.S.  F@Highway 169 in Blue Earth County. VCB states that Vernon Center is credited with a  Fpopulation of 339 people by the 1990 Census, has its own post office and zip code and is not  Flocated in an urbanized area. Further, Vernon Center has a school, one bank, three churches  F.and the usual complement of businesses and organizations generally found in communities of  F\this size. VCB contends that the allotment of Channel 231A at Vernon Center will provide a"J!,))ZZ "  Fjmore efficient distribution of broadcast service as the allotment will provide a first local service  Fto the community rather than a sixth local transmission service to Mankato as is requested by  X-MidMinnesota.6 yOK-ԍ#X\  P6G;IP# Stations KEEZ(FM), KYSMFM, KMSU(FMed), KTOE(AM) and KYSM(AM) are all licensed to Mankato.  X- 3.The counterproposal filed by Ingstad, licensee of Stations KYSM(AM/FM), Mankato,  FLMinnesota, requests the allotment of Channel 231A at Madelia, Minnesota, in lieu of Mankato  F\(RM9034). Ingstad argues that the Commission's allocation priorities favor the provision  F[of a first local FM service at Madelia over the allotment of Channel 231A at Mankato as a third  FFM service. Ingstad contends that Mankato is well served while Madelia has no local  F\broadcast stations and that the allotment will provide a first local service to a community of  F2,237 people. Ingstad states that the allotment will provide city grade coverage to the  Fcommunity of Madelia in compliance with Commission's Rules. Ingstad further states that he will file an application for Channel 231A at Madelia.  X - 4.Atlantis proposes the allotment of Channel 231A at Lake Crystal, Minnesota, as a first  F.local service, in its counterproposal (RM9036). Atlantis provided information demonstrating  Fthat Lake Crystal is a community for allotment purposes. According to Atlantis, Lake Crystal  Fhas a population of 2,084 people, is located in Blue Earth County and has its own post office  Xb- F0and zip code. Further, Lake Crystal has its own schools, library, bank, newspaper (Lake  XK- FCrystal Tribune), police and fire department along with over 100 businesses and professional  Fservices, seven churches and other community organizations. Atlantis argues that although  FMankato has a significantly larger population than Lake Crystal, it is served by five local  Fstations, while Lake Crystal residents do not enjoy a local service. Atlantis requests that the  FCommission grant its counterproposal and states that it will file an application for Channel 231A at Lake Crystal.  X- 15.Bailey, like Atlantis, counterproposed the allotment of Channel 231A at Lake Crystal  Fin lieu of Mankato. Bailey stated her intention to file an application for Channel 231A at Lake  FCrystal if the allotment is made. Bailey believes that Lake Crystal is deserving of its own  Fyradio station because of its size and individual identity. According to Bailey, Lake Crystal has  Fa councilcity clerk form of government with an elected mayor. Lake Crystal has a police and  F\fire department, ambulance and emergency rescue service, Lake Crystal Health Care Center,  Fnumerous service organizations including the Lions, American Legion, a Masonic Lodge,  Fchamber of commerce, Boy and Girl Scout troops and the 4H Club. Bailey states that the  Fcommunity has a myriad of service providers and vendors ranging from hardware stores and  F<insurance agents to accountants and farm related businesses. Bailey contends that Lake Crystal  F.has a need for a daily resource for information on current civic, cultural and school issues and events which could be provided by a local radio station.  X#- 6.Atlantis and Bailey filed reply comments supporting the allotment of Channel 231A at  Xh$- FLake Crystal. Ingstad withdrew his request for an allotment at Madelia, Minnesota, after the"h$X,-(-(ZZF#"  F|counterproposals were put on public notice in compliance with Section 1.420(j) of the  X- FCommission's Rules.6 yOb- xԍ#X\  P6G;IP# Ingstad has stated that he has not been promised nor paid any consideration for withdrawal of his counterproposal for Madelia. Ingstad does not believe that the area can support new FM channels  Fat both Madelia and Lake Crystal as the communities are only ten miles apart. Ingstad stated  Fhis intention to apply for Channel 231A if it is allotted to Lake Crystal. Wychor filed reply  Fcomments withdrawing his interest in an allotment at Mankato, Minnesota. Wychor states that  Fhe will support the allotment of Channel 231A at Lake Crystal. Wychor believes that an  Fallotment at Lake Crystal, providing a first local service, benefits the public interest more than  X_-a third FM service at Mankato.OX_ 6 yO0 - xԍ#X\  P6G;IP# Wychor stated that he had not been promised nor paid any consideration for withdrawing his support for the  xallotment of an FM channel at Mankato, Minnesota, in compliance with Section 1.420(j) of the Commission's Rules.. O  X1- 27.A review of the proposals indicates that MidMinnesota did not file comments in  X - Fresponse to the Notice supporting an allotment at Mankato. Wychor, who originally supported  Fan allotment at Mankato, has withdrawn his support of an additional channel in the community.  FIngstad has withdrawn his proposal for an allotment at Madelia, Minnesota, and instead  X - Fjsupports an allotment at Lake Crystal. @6 yO- xԍ#X\  P6G;IP# A staff analysis determined that Channels 222A or 274A could be allotted to Madelia, Minnesota, to accommodate Ingstad's counterproposal. We point out that a basic requirement of a rule making  Fproceeding for an FM allotment proposal is a statement of interest in the channel requested.  FWe will not allot a channel in the absence of an assurance that a party will file an application  Fzfor the allotment. Therefore, since there appears to be no interest in filing an application for  Fa channel at Mankato or Madelia, Minnesota, no further consideration will be given to  Fallotments at the communities of Mankato or Madelia, Minnesota. We shall turn our attention  F[to the counterproposals requesting allotments at Vernon Center, Minnesota, and Lake Crystal, Minnesota.  X- ?8.Our study of the remaining proposals indicates that Vernon Center and Lake Crystal are  Fboth deserving of an FM channel. In an effort to provide each community with its first local  F]service, the staff performed a search to determine if alternate channels were available for  Fallotment at either community. Although we were unable to locate an additional channel for  FVernon City, we have found an additional channel for Lake Crystal which will allow us to  F0make an allotment at both communities. The study indicates that Channel 239A can be  Fallotted to Lake Crystal, Minnesota, in compliance with the Commission's spacing  F|requirements, provided there is a site restriction 14.1 kilometers (8.6 miles) west of the  XN- F>community.N6 yO%-ԍ#X\  P6G;IP# The coordinates for Channel 239A at Lake Crystal are 440927 and 942232. The site restriction will prevent a conflict with Station KCHK, Channel 238A,  FNew Prague, Minnesota, and with Station KILR, Channel 240C3, Estherville, Iowa. In"7( ,-(-(ZZ"  Fresponse to the proposal filed by Vernon Center Broadcasters, we will allot Channel 231A to  F Vernon Center, Minnesota, with a site restriction 9.2 kilometers (5.7 miles) northwest of the  X- Fcommunity. 6 yOK-ԍ#X\  P6G;IP# The coordinates for Channel 231A at Vernon Center are 440115 and 941500. The site restriction will prevent a conflict with Station KIAI, Channel 230C1, Mason City, Iowa.  X- 9.In reply comments, Atlantis filed comments objecting to the allotment of Channel 239A  FMat Lake Crystal. Ingstad and Bailey, who both expressed an intent to file an application for  F@Channel 231A at Lake Crystal, have not objected to the use of an alternate channel.  FAccording to Atlantis, the use of Channel 239A at Lake Crystal is not feasible because of the  Frequired site restriction which allows for a very small area of 0.236 square kilometers for  Fzlocation of the transmitter. Atlantis further argues that Channel 239A will require the use of  FMa directional antenna which is not a consideration permitted in rule making proceedings. In  Fcontrast, Atlantis points out that Channel 231A can be allotted to Lake Crystal without a site  Frestriction and that it will serve a population of 71,302 while Channel 239A would serve a  FMpopulation of only 40,368 people at Lake Crystal. While we do agree with Atlantis that the  X - Fztransmitter site for Channel 239A is confined to a small area of 0.3175 square kilometers (i.e.,  F>78.47 acres), we believe it is sufficient for purposes of locating a 100 meter tower for a class  FLA FM station. Our engineering analysis indicates that, from this area, city grade coverage can  F be provided to 100% of Lake Crystal without a directional antenna. Furthermore, Atlantis  Fhas not provided a detailed analysis demonstrating that Channel 239A is an unusable channel FNthat is, there are no suitable or available sites for implementing this allotment in the fully  Fspaced area. Therefore, we believe that there is a theoretical site available for Channel 239A  X- Fat Lake Crystal which is appropriate for allotment purposes. See Randolph and Brandon,  X-Vermont, 6 FCC Rcd 1760 (1991).  X- 110.Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  F(r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b)  Fand 0.283 of the Commission's Rules, IT IS ORDERED, That effective May 4, 1998, the FM  F]Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows:  X7- N N Community"VVJrChannel Number  X - Lake Crystal, MinnesotaVVJr 239A  X- Vernon Center, MinnesotaVVJr 231A^^  X!- 11.IT IS FURTHER ORDERED, That the Secretary of the Commission, shall send by  X"-Certified Mail, Return Receipt Requested, a copy of this Order to the following:  N N "h$X ,-(-(ZZF#"Ԍ N N Abdolmjid Khalilzadeh  N N Philip A. Rubin & Associates, Inc.  N N 1350 Connecticut Avenue, N.W., Suite 610  N N Washington, D. C. 20036   X- 12.A filing window for channel 239A at Lake Crystal, Minnesota, and Channel 231A at  FVernon Center, Minnesota, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.  X1- 13.IT IS FURTHER ORDERED, That the counterproposal filed by James D. Ingstad (RM9034) IS DISMISSED.  X -14.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  X - l15.For further information concerning the above, contact Kathleen Scheuerle, Mass Media  FBureau, (202) 4182180. Questions related to the window application filing process for  FkChannel 239A at Lake Crystal, Minnesota, and Channel 231A at Vernon Center, Minnesota, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 4182700.  N N FEDERAL COMMUNICATIONS COMMISSION  N N John A. Karousos  N N Chief, Allocations Branch  N N Policy and Rules Division  X- N N Mass Media Bureau ^^f!f!:f!f!f!f!f!f!  X|- VVJr^^