WPC 2BJZ Courier3|jx6X@`7X@HP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSx  @\khX@26%F ZkK3|jTimes New RomanTimes New Roman BoldHP LaserJet 4M (PCL) lpt1HPLA4MPC.PRSXP\  P6Q\khXP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 KBK-Kx "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""and Order to Show Cause, 12 FCC Rcd 6559 (1997), issued in response to a petition filed by  FB.B.C., Inc. ("B.B.C."). B.B.C requested the substitution of Channel 225C2 for Channel 225C3  Fat Malden, Missouri, and modification of its license for Station KMAL(FM), to specify  Xu- Foperation on Channel 225C2. To accommodate the substitution at Malden, B.B.C. also  X^- F?requested the substitution of Channel 224A for Channel 225A at Ironton, Missouri, and  Fkmodification of the license for Station KYLS accordingly. B.B.C. filed comments continuing  FLto support the requested substitutions at Malden and Ironton. Dockins Communications, Inc.  FL("Dockins"), licensee of Station KYLS at Ironton, Missouri, filed comments in response to the  X- FOrder to Show Cause. Dockins and B.B.C. filed a joint counterproposal in response to the  X-Notice.( X yO- xԍ#X\  P6G;IP# The proposal was put on public notice on August 19, 1997, Report No. 2216 (RM9136). Although the joint  xYproposal filed by B.B.C. and Dockins was styled as a counterproposal and given public notice, it has been determined  xKthat the proposal does not constitute a counterproposal. B.B.C. and Dockins filed a proposal which they stated  xwould resolve this proceeding. Therein, B.B.C. and Dockins continued to support the allotment of Channel 225C2  xat Malden but requested the substitution of Channel 240C3 for Channel 225A at Ironton in lieu of Channel 224A.  xTo accommodate Channel 240C3 at Ironton, B.B.C. and Dockins further requested the substitution of Channel 225A  xfor Channel 240A at Salem, Missouri, and modification of the license for Station KMMC accordingly. Although  xthe joint proposal does conflict with the proceeding, a closer look shows that the conflict occurs between the current  xharrangement of allotments rather than the proposed arrangement of allotments and is, therefore, not counter to the  yO%- xJproceeding but dependent upon the outcome of this proceeding and should not be considered a counterproposal. See  yO&- xClark, Colorado, 11 FCC Rcd 6371 (1996). No further consideration will be given to the allotment of Channel  x240C3 at Ironton or the allotment of Channel 225A at Salem. Upon termination of this proceeding, Dockins Communications may file the proposal for Ironton and Salem as a new petition for rule making. "H ,))ZZ1"Ԍ X- 2.Based on the information filed in this proceeding, we believe the public interest would  FMbe served by the substitution of Channel 225C2 for Channel 225C3 at Malden, Missouri. A  F{staff engineering analysis has determined that Channel 225C2 can be allotted to Malden,  X- FMissouri, at B.B.C.'s existing transmitter site.6 yO4- xԍ The coordinates for Channel 225C2 at Malden are 363948 and 894739. At this site, Channel 225C2 at  xMalden is short spaced to an application for Channel 223A, Poplar Bluff, Missouri, filed by D. Ramsey & B. Vancil  x<(BPH970708MB). However, Channel 225C2 is fully spaced to the vacant allotment site for Channel 223A at  xhPoplar Bluff and to the other applications for this channel (BPH970709ME and BPH970708MA). We note that  xD. Ramsey & B. Vancil filed the application for Poplar Bluff in accordance with Section 73.215 of the Commission's  xRules. Therefore, because of the use of 73.215 and the fact that there are other fullyspaced sites available for the  yO - xuse of Channel 223A, we consider this to be a site preference. See Andalusia, Alabama, MM Docket No. 83999,  yO - xz49 FR 32201 (August 13, 1984). D. Ramsey and B. Vancil will be served with a copy of this Order and, if necessary, may be given an opportunity to amend the application to specify a nonconflicting site. To accommodate the upgrade at Malden, we  Fshall substitute Channel 224A for Channel 225A at Ironton, Missouri, and modify the license  Ffor Station KMAL(FM) to specify operation on Channel 224A at the licensed site for Station  Xv- FKMAL(FM).v6 yO-ԍ#X\  P6G;IP# The coordinates for Channel 224A at Ironton are 373423 and 904135. In accordance with Section 1.420(g) of the Commission's Rules, we have  F?authorized a modification of the license for Station KMAL(FM) to specify operation on  F/Channel 225C2. We have also authorized a modification of the license for Station KYLS in  Faccordance the Commission's Rules to specify operation on Channel 224A. In response to the  X - FOrder to Show Cause, Dockins, licensee of Station KYLS, Ironton, did not object to the  Fchannel substitution but merely stated that the proposed substitution could result in increased  Finterference to Station KYLS from a station operating on Channel 224A at Herrin, Illinois.  FlDockins failed to make a showing supporting these comments. Indeed, our engineering  F=analysis shows that Channel 224A at Ironton, Missouri, and Channel 224B1 at Herrin, Illinois,  Fare fully spaced, rounding the distance to the nearest kilometer as permitted under Section 73.208(c)(8) of the Commission's Rules.  Xy-  Xb- ?3.Commission policy requires reimbursement to affected stations for the reasonable costs  XK- Fassociated with changing frequencies. See Circleville and Columbus, Ohio, 8 FCC Rcd 24 159  F(1967). B.B.C. has stated that it will pay the reasonable costs associated with a onechannel change by KYLS, Ironton.  X- 14.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)  FMand 0.283 of the Commission's Rules, IT IS ORDERED, That effective May 18, 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:  Xe- N N Community"VVJChannel Number  X7- N N Ironton, MissouriVVJ 224A"7( ,-(-(ZZ{"Ԍ X-ԙ N N Malden, MissouriVVJ 225C2  X- 5.IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications  FAct of 1934, as amended that the license of Station KMAL(FM), Malden, Missouri, IS  F MODIFIED to specify operation on Channel 225C2 in lieu of Channel 225C3, subject to the following conditions:  X_- (a) Within 90 days of the effective date of this Order,  the licensee shall file with the Commission a minor  change application for construction permit (Form  301), specifying the new facility;  (b) Upon grant of the construction permit, program  tests may be conducted in accordance with Section  73.1620; and   (c) Nothing contained herein shall be construed to  authorize a change in transmitter location or to  avoid the necessity of filing an environmental  assessment pursuant to Section 1.1307 of the  Commission's Rules.  X- 6.IT IS FURTHER ORDERED, that pursuant to the authority contained in Section 316(a)  F\of the Communications Act of 1934, as amended, that the license of Station KYLS, Ironton,  F{Missouri, IS MODIFIED, to specify operation on Channel 224A, subject to the following conditions:   (a) Nothing contained herein shall be construed as  authorizing any change in License BLH971006KI  except for the channel as specified above. Any  changes, expect those specified require prior authori  zation pursuant to an application for construction  permit (FCC Form 301).  (b) Program tests may be conducted in accordance with  the provisions of Section 73.1620 of the rules, PROVIDED  the transmission facilities comply in all respects with  License BLH971006KI, except for the channel as  specified above, and a license application (Form 302) is  filed within 10 days of commencement of program tests.   XQ%- 7.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: "#',-(-(ZZ%"Ԍ  X-UltraSonic Broadcast Stations, Inc.rD. Ramsey & B. Vancil, A Gral. Ptnrsh.""  X-Station KMMC"VVJrRoute #2, Box 496  X-P. O. Box 650"VVJrPortageville, MO 63873  X-Salem, Missouri 65560"VVJr(applicant for Ch. 223A, Poplar Bluff, MO)  X_- F   8.Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As a result of this proceeding, B.B.C. Inc., licensee of Station KMAL(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the upgrade at Malden, Missouri.  X -9.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  Xy-10.For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 4182180. Questions related to the application filing process, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 4182700. P P  XX(Px`` FEDERAL COMMUNICATIONS COMMISSION  John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau P P  XX(Px``