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X-` #XP\  P6Q[hXP#Federal Communications Commission DA 98612  X- yxdddy^sO Before the Federal Communications Commission  yO-j)Washington, D.C. 20554 ă  Y!-In the Matter ofj#XP\  P6Q[hXP#) j)  Y-Amendment of Section 73.202(b),j)ppMM Docket No. 967  Y-Table of Allotments,j)ppRM8732  Y-FM Broadcast Stations.j)ppRM8845 (Banks, Redmond, Sunriver and Corvallis, j)  Y-Oregon)j: xP -ԍ The community of Sunriver, Oregon, has been added to the caption.jj) j) In the Matter ofj) j)  Y; -Amendment of Section 73.202(b),j)ppMM Docket No. 9612  Y$ -Table of Allotments,j)ppRM8741  Y -FM Broadcast Stations)j)pp (The Dalles and Corvallis, Oregon)j) j) In re Application ofj) j)  Y-Madgekal Broadcasting, Inc.j)ppFile No. BPH960206IE Station KFLY(FM), Corvallis, Oregonj) j) For Construction Permit to Modifyj) Licensed Facilities (OneStep Upgrade)j)  X-  REPORT AND ORDER  X- (Proceeding Terminated) lU  Y-X` hp x (#%'0*,.8135@8:existing station at Banks, citing to the allotment priorities set forth in Revision of FM  Y -  Assignment Policies and Procedures. k xPe -  [ԍ The allotment priorities are: (1) first fulltime aural service; (2) second fulltime aural service; (3) first local  xP--aural service; and (4) other public interest matters. See 90 FCC 2d 88, 92 (1982). Further, Hurricane submits that all or part of the   population within the 60 dBu gain area of an upgraded Bank's station already receives 60 dBu   [service from twentyseven (27) FM stations and 5 mV/m service from seventeen (17) AM stations. Finally, Hurricane states that it will apply for the channel, if allotted to Sunriver.  ]5. Common Ground and Combined, in jointly filed reply comments, reiterate their   intention to apply for the Banks and Redmond channels, if allotted. They also state that there   is no need to comparatively consider their proposal and that of Hurricane because Channel   224C2 is available for allotment to Sunriver. They note that the use of Channel 224C2 at the    transmitter site specified in Hurricane's petition would be "slightly" shortspaced to the reference   coordinates for Channel 224C3 at The Dalles but state that the requested tower site is fully   wspaced to both of the pending applications for that channel. Based on the provisions of Section   73.208(a)(1) of the Commission's Rules, they contend that the relevant coordinates to be used   Jin determining distance separation compliance are those of the cutoff applications for Channel  Y-  ,224C3 at the Dalles and thus state that Channel 224C2 at Sunriver is a fullyspaced allotment.   k xP{-  ԍ Section 73.208(a)(1), in pertinent part, reads: The following reference points must be used to determine   distance separation requirements when petitions to amend the Table of Allotments (Section 73.202(b)) are   considered: (i) First, transmitter sites if authorized, or if proposed in applications with cutoff protection pursuant to paragraph (a)(3) of this section; (ii) Second, reference coordinates designated by the FCC; . . .    <However, if the Commission requires that The Dalles reference coordinates be protected, in   addition to the application coordinates, Common Ground/Combined state that use of the Sunriver   city reference coordinates can be used. Therefore, they conclude that Channel 224C2 can be allotted to Sunriver specifying either no site restriction or Hurricane's proposed transmitter site.  \6. MBI states that if no alternate channels are available for allotment at Redmond and   ZThe Dalles, the public interest would be better served by granting its application to upgrade   Station KFLY. It states that Corvallis, and its county, Benton, receives local FM service from",^(^(JJ"  Y-  only two commercial FM stations, one of which is Station KFLY.k xPy-  ԍ Corvallis also receives local aural service from two Class C AM stations, KEJO and KLOO, as well as noncommercial educational AM Station KOAC and noncommercial educational FM Station KVBR. Corvallis has a 1994 Census   Bureau population estimate of 46,244 persons, and Benton County has a 1995 Census Bureau   population estimate of 75,235 persons. MBI characterizes Banks, with a 1994 population of 654   Zpersons, as a "small suburb" of Portland, Oregon. Further, it states that Station KBBTFM's  Y-  present transmitter site, which is the same one specified in the Notice, is approximately 30   kilometers east of Banks, close to Portland itself. MBI goes on to state that Portland is the 24th   wlargest radio market, according to Arbitron, and that, including KBBTFM, the Portland market   ,already has twentytwo (22) AM and twenty (20) FM stations. As to the allotment of Channel   h*268C3 at The Dalles, MBI points out that its 1990 Census population of 11,060 people is one  fourth that of Corvallis and that The Dalles already receives local aural service from three FM   stations and two AM stations as well as noncommercial educational service from an FM translator licensed to Oregon Public Broadcasting.  t 0  y7. In response to the proposed allotment of Channel 268C at Corvallis, Common Ground   Jand Combined state that the choices before the Commission are: (1) the substitution of Channel   268C for Channel 268C2 at Corvallis and the modification of Station KFLY's license   xaccordingly, or (2) the substitution of Channel 298C1 for Channel 298C2 at Banks, with the   Ymodification of Station KDBX's license, the substitution of Channel 269C2 for Channel 298C2   at Redmond with the modification of Station KLRR's license accordingly, as well as the   .allotment of a new Channel 268C3 at the Dalles, with its reservation for noncommercial   educational use. They recognize that the alternate channel proposed for Sunriver, Channel   224C2, can be allotted regardless of what actions are taken with respect to the other   wcommunities. However, they suggest that a "global solution" is available which will enable all   four participants to receive either a new, improved or equivalent FM channel. Specifically, they   propose that Station KFLY at Corvallis be upgraded from Channel 268C2 to Channel 268C1   instead of Chancel 268C and that the reference coordinates for Channel *268C3 at The Dalles  Y-be modified from those proposed in the Notice.  k xP{-  ԍ The "global solution" coordinates for Channel 268C3 at The Dalles are 453400 North Latitude and 1205500 West Longitude, which reflects a site restriction of 20.3 kilometers (12.6 miles) east.  8. In comparing the three alternatives, Common Ground/Combined state that the  Ye-  Banks/Redmond/The Dalles allotments, as proposed in the Notices, would result in a net gain   in service to 270,406 people within a 13,075 square kilometer area while the upgrade of Station   KFLY to a Class C channel at Corvallis would result in a net gain in service to 325,969 persons  Y -  within a 9,490 square kilometer area.  xk xPI$-  -ԍ Common Ground/Combined states that the population figures within the respective gain areas were computed  xP%-  using the actual Class C facilities proposed by MBI, citing Greenup, KY and Athens, OH, 4 FCC Rcd 3843  xP%-  (19989), rev. granted on other grounds, 6 FCC Rcd 1493 (1991), appeal dismissed sub nom. WATH, Inc. v. FCC, No. 911268 (D.C. Cir. Sept.26, 1991).  However, if Channel 268C1, instead of Channel 268C,   is allotted to Corvallis, not only will Station KFLY realize an increase in population served to" ` ,^(^(JJ"   299,245 people, which is only 26,724 persons less than could be realized by operating with full   Class C facilities, but it would permit the allotment of a first noncommercial educational service   at The Dalles, which would provide service to 48,075 persons. They also state that Channel   268C1 can be allotted to Corvallis in compliance with the Commission's minimum distance   separation requirements at the transmitter site specified in Station KFLY's pending application   (BPH960206IE) if the coordinates for Channel *268C3 at the Dalles are modified to those   yspecified in their "global solution." Common Ground/Combined submit that Commission   precedent favors channel allotment resolutions, such as its "global solution," which maximize   the number of communities that receive new local transmission outlets and upgraded facilities,  Y1-  <citing ArchillaMarcocci Spanish Radio Co., 101 FCC 2d 522 (Rev. Bd. 1985), rev. denied,   FCC 86271 (Comm'n May 30, 1986) (Section 307(b) of the Communications Act is better served by granting proposals to serve three communities instead of one).  [9. If the global solution is not adopted, Common Ground/Combined point out that when   a choice must be made between upgrade and new allotment proposals, and where, as here, no   first or second aural reception or first local transmission service is involved, the Commission   compares and weighs all relevant engineering and socioeconomic factors, such as the number   of local services, the need for or lack of public radio service, the relative size of the   Ycommunities and a comparison of the areas and populations within the predicted gain areas. In  YK-  support, it cites Greenup, KY and Athens, OH, supra, note 4, and NeenahMenasha,  Y4-  ;Rhinelander and Rudolph, WI, 7 FCC Rcd 4594 (1992). They acknowledge that the allotment   of Channel 268C at Corvallis would result in a greater population gain. However, they argue   that there are several reasons why the proposed allotments at Banks and The Dalles would better   ;serve the public interest. First, they state that the Corvallis allotment, if adopted alone, would   provide service to a significantly smaller service area (9,490 square kilometers vs. 13,075 square   Jkilometers). Second, the Corvallis proposal would provide service to only 20.5% more people   (325,969 persons vs. 270,406 persons). Common Ground/Combined submit that where the   population advantage is "this small" and other factors favor grant of their proposals, the   Commission should not give dispositive weight to the population gain factor. Third, they again   wassert that the allotment at The Dalles would provide the community of 11,060 persons with its   ,first local noncommercial educational allotment. This fact, states Common Ground/Combined,   is specifically identified as a factor to be taken into account in making a determination between  Y -  competing proposals, citing Revision of FM Assignment Policies and Procedures, 90 FCC 2d   88, 92, n. 8 (1982). Finally, they submit that MBI's request for a full Class C upgrade should   be denied because they had been granted a construction permit (BPH900730IC) on July 9, 1991,   ifor a Class C upgrade which they permitted to lapse without any construction having taking   place. The Commission cancelled the permit by letter dated August 19, 1993. Common   Ground/Combined argue that MBI has forfeited the right to claim any preference for its   proposed full Class C upgrade, having "so recently misused the Commission's processes." In   ,other words, they believe that since MBI has already had one chance to upgrade its station and   did not do so, Common Ground should be given an opportunity to provide Banks with an   upgraded service and The Dalles should be given an opportunity to receive its first local noncommercial educational service. "#' ,^(^(JJP("Ԍ m10. After the record closed, American Radio and MBI filed a Joint Request for    Approval of Agreement. This agreement resolves their differences and seeks the following relief from the Commission:  ^X(a) Modification of MBI's application to propose that Station KFLY's channel at  !Corvallis be changed from Channel 268C2 to Channel 268C1 (instead of Channel 268C).(#  /X(b) Commission approval of: (1) substitution of Channel 268C1 for Channel 268C2 at  Corvallis, without the issuance of an Order to Show Cause to MBI because it agrees to  zthe frequency change; (2) substitution of Channel 298C1 for Channel 298C2 at Banks, and (3) substitution of Channel 269C2 for Channel 298C2 at Redmond; and(#  OX(c) Approval of the agreement in which ARS agrees to pay MBI $950,000.00 as  consideration for MBI's expenses in connection with the proposed frequency change of  Station KFLY and the preparation, filing, and advocacy of MBI's application, and as  ladditional consideration for agreement to modify its application to specify Channel 268C1.(#  z11. American Radio and MBI contend that the agreement to modify MBI's application   Yis not a request for withdrawal or dismissal of an "'expression of interest'" within the meaning  YK-  ;of Section 1.420(j) of the Commission's Rules.X Kk xP-  xԍ Section 1.420(j) states that when an expression of interest in applying for, constructing, and operating a station   jhas been filed in a proceeding to amend the FM or TV Table of Allotments, and the filing party seeks to dismiss   or withdraw the expression of interest, the party must file a request for approval of the dismissal or withdrawal,   a copy of any written agreement related to the dismissal or withdrawal and an affidavit setting forth a certification   [that neither the withdrawing party or its principals has received or will receive any money or other consideration   in excess of legitimate and prudent expenses in exchange for the withdrawal or dismissal, the exact nature and   amount of any consideration received or promised, an itemized accounting of the expenses for which it seeks   reimbursement, and the terms of any oral agreement related to the dismissal or withdrawal of the expression of interest. X They state that this is so because (1) MBI did   not file its application as an "expression of interest" in this consolidated proceeding, (2) MBI  Y-  did not intend that its application should or would be treated as related to these proceedings,8 Xk xPf-  ԍ MBI's application was filed on the same day that the Notice of Proposed Rule Making was released in MM  xP.-  Docket 967 and seven days before the Commission released the Notice of Proposed Rule Making in MM Docket 9612.8   Kand (3) the upgrade of Station KFLY from a Class C2 to a Class C1 channel is no more than   Ja minor modification of its application because the increase in potential audience will fall only about 30,000 persons short of that expected from an increase to Class C facilities.  =12. American Radio and MBI also contend that the provisions of Section 73.3525 of the   Commission's Rules governing the removal of conflicts between mutually exclusive construction   permit applications is not applicable here because there is only the application of MBI involved.   Thus, they argue that there is no payment "cap" placed by the Commission's Rules or policies   Mon the "unique" type of settlement contemplated herein, and therefore request that the"N ,^(^(JJ>"   [Commission approve the settlement agreement without examination of any itemization of   ,expenses. Finally, they state that the agreement stipulates that the settlement is void unless the Commission approves the entire dollar figure.  13. MBI and American Radio jointly filed further comments following the Commission  Y-  Ydecision in Gonzales Broadcasting, Inc. ("Gonzales"), 12 FCC Rcd 12253 (1997). In Gonzales,   wthe Commission waived Section 73.3525(a)(3) of the Rules which prohibits paying a dismissing   applicant more than its reasonable and prudent expenses and approved a settlement agreement   iamong mutually exclusive applicants for an FM radio license for a new station in Mableton,   Georgia. As pointed out by MBI and American Radio, this action was taken in accordance with   the directive of Congress as set forth in Section 3002(a)(3) of the Balanced Budget Act of 1997,  Y -  Pub. L. No. 10533, 111 Stat. 251 (1997).  k xP| -  ԍ Section 3002(a)(3) of the Balanced Budget Amendment authorizes the Commission to "waive any provisions   kof its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict   Lbetween their applications during the 180day period beginning on the date of enactment of the Balanced Budget Act of 1997." While acknowledging that Section 3002(a)(3)   pertains to pending construction permit applications, MBI and American Radio point out that the  Y -  Commission in Gonzales stated that it would "'look favorably' on requests to waive certain other  Y -  policies 'where this would serve to facilitate settlement.'" supra. at 12255. Thus, while they   still argue that neither Section 73.3525(a)(3) nor Section 1.420(j) apply to the settlement   agreement in this proceeding, they urge that the same policy of waiving Section 73.3525(a)(3)   and/or Section 1.420(j) of the Commission's Rules should be applied here so as to further the   wpublic interest benefits accruing from the resolution of the conflicting requests. Hurricane also   filed comments in response to MBI and American Radio's further comments restating its concurrence with the allotment of Channel 269C2 to Sun River.  Y-3NDiscussionă  ]14. As an initial matter, we find that the settlement agreement cannot be approved   Ybecause it specifies monies to be paid in excess of the legitimate and prudent expenses incurred   by MBI in preparing and prosecuting its application. We disagree with American Radio and   MBI that the proposed settlement between the two parties does not fall within the purview of   Section 1.420(j) of the Rules. The MBI application proposing Class C facilities at Corvallis is  YN-  a counterproposal within the ambit of Section 1.420(j) of the Rules. In Amendment of Sections   1.420 and 73.3584 of the Commission's Rules Concerning Abuses of the Commission's  Y -  JProcesses ("Abuses of Commission Processes"), 5 FCC Rcd 3911 (1990), recon. denied, 6 FCC   Rcd 3380 (1991), the Commission specifically stated its concern for potential abuse by filing an   expression of interest in allotment proceedings either advanced as a counterproposal or in a  Y-  "conflicting filing with a potential equivalent to that of a counterproposal.";k xP<&-ԍ 5 FCC Rcd at 3914.; The MBI   application was filed by the comment date in this proceeding and therefore is "functionally" @,^(^(JJ!"   equivalent" to a counterproposal. This view is reinforced by the 1992 action in which the   Commission stated that applications filed after the receipt of a conflicting petition for rule   <making but before the cutoff date for the filing of initial comments would be accepted as a  Y-counterproposal in that proceeding.k xP4-  iԍ Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, 7 FCC  xP-Rcd 4743 (1992); recon. granted in part, 8 FCC Rcd 4743 (1993).  15. In the proposed settlement, MBI argues that amending its application proposing   Class C facilities to propose Class C1 facilities is only a "minor modification" of its proposal   and Section 1.420(j) should not apply. Again, we disagree. The fact remains that MBI has   withdrawn a conflicting Class C proposal "functionally equivalent" to a counterproposal. There  Y1-  Jis no provision in Abuses of Commission Processes which would permit a proponent to submit   a conflicting proposal and then modify or downgrade it in exchange for consideration in excess   hof its legitimate and prudent expenses. In such situations, there is a clear potential for abuse of   process within the stated concern of the Commission. Likewise, whether or not MBI intended   Jfor its application to be considered in conjunction with these rule making proposals at the time   it filed the application is not relevant. The application speaks for itself as an expression of   interest in the use of Channel 268C at Corvallis, and the Commission's Rules require that the   mutually exclusive application be considered as a counterproposal in these proceedings.   Although it is possible that the conflicting application was filed without the applicant being aware   of the mutually exclusive petitions, this does not lessen the Commission's concern that our   application and rulemaking processes not lend themselves to abuse by permitting unlimited  Y4-  <settlement payments. We are also unpersuaded that the Commission's decision in Gonzales,  Y-  supra, is applicable in this situation. The Budget Reconciliation Act of 1997, upon which  Y-  YGonzales is based, clearly concerns only the resolution of pending comparative licensing cases.   This proceeding concerns mutually exclusive requests for the allotment of FM channels to   various communities. Only after this proceeding is concluded would the allotments be the   subject of comparative applications for construction permits and/or licenses. Therefore, we find   Ythat the Congressional directive allowing waiver of the Commission's Rules to allow parties to   enter into agreements which include unrestricted financial payments to resolve conflicts between   mutually exclusive applicants is limited solely to those situations involving applications for  Ye-construction permit, not petitions to allot channels.e k xP6-  ԍ Likewise, MBI and American Radio's reliance on language in Gonzales that we would "look favorably" on   Nrequests to waive certain policies where this would serve to facilitate settlement is misplaced. While the   Commission did state that it would consider waiving other rules to facilitate settlements, the Commission expressed   this view with respect to "cases designated for hearing." In other words, it would consider waivers of other rules to facilitate settlement of comparative hearings, not allotment rulemaking proceedings.  Y7-  16. Therefore, we will comparatively consider the proposed allotments at The Dalles and  Y -  Banks versus Corvallis, consistent with the allotment priorities set forth in Revision of FM" ,^(^(JJ"  Y-  Assignment Policies and Procedures, supra.k xPy-  [ԍ The FM allotment priorities are: (1) first fulltime aural service; (2) second fulltime aural service; (3) first local service; and (4) other public interest matters. Coequal weigh is given to priorities (2) and (3). We will not include Sunriver in the comparison   because Channel 224C2 can be allotted to the community regardless of whether Channel *268C3   is allotted to The Dalles as well as Channels 298C1 and Channel 269C2 at Banks and Redmond, respectively, or if Channel 268C is allotted to Corvallis.  /17. As noted earlier, none of the allotments in contention would provide any first or   second aural reception service or first local aural transmission service. Therefore, we have   =examined the proposals under the fourth allotment priority, that is, "other public interest   considerations." Under this criteria, we find that the public interest would be best served by   zallotting Channel *268C3 to The Dalles, as the community's first local noncommercial   educational service, rather than allotting Channel 268C in lieu of Channel 268C2 at Corvallis  Y -  and modifying Station KFLY's license accordingly. k xP-  ԍ As stated in the Notice in MM Docket 9612, noncommercial educational stations generally operate within   the reserved portion of the FM band (Channels 201220). However, exceptions to this policy are made where   channels are unavailable because of foreign (Canadian or Mexican) allotments or potential interference to the   Loperation of VHF TV Channel 6 stations. In this case, there is no channel available within the reserved portion of the band which would not cause prohibited interference to TV Channel 6 Station KOIN at Portland, Oregon.  We recognize that The Dalles currently   -receives local noncommercial educational service from an FM translator licensed to Oregon   Public Broadcasting. However, the Commission considers translator services to be secondary  Y -  services, and, as such, are not considered in determining service available to a community. See,  Y -  e.g., Coos Bay, Oregon, 8 FCC Rcd 7088 (1993). Translator stations may continue to operate   so long as no interference is caused to any television or commercial FM broadcast station.   -Therefore, while The Dalles currently receives noncommercial educational service from the   translator station at this time, this is not a factor which we give weight to in allotment   proceedings. MBI argued that LifeTalk's statement of intent to apply for the channel was   [insufficient since it did not specifically state that it would apply for the channel with the   necessary taller than usual tower to overcome intervening terrain obstructions. We disagree.  Y-  YThe Notice clearly stated that a taller than usual tower would be required to provide all of The   Dalles with the required 70 dBu signal. Petitioner was requested to affirmatively state that it   I would apply for the channel and construct a station with the necessary facilities. We believe that  Y-  LifeTalk did this when it responded to the Notice with the statement that it would apply for the   channel, if allotted. Although for absolute clarity, it would have been better phrased if LifeTalk   had included the phrase "with the necessary taller tower" or "with a tower of at least 209   meters," we believe that LifeTalk's statement, in response to the condition set forth in the  Ye-  Notice, constitutes an adequate response. However, in any event, we find that this is a moot   issue since we are allotting Channel *286C3 to The Dalles at the transmitter site proposed in the  Y7-global solution which does not require the use of more than conventional technical facilities.X7k xP%-  ԍ Although the approval of LifeTalk is not required before the Commission can allot a channel at a site different   from that proposed by the petitioner, where, as here, the channel will be open for application by all interested   [parties, we note that LifeTalk filed comments in response to the global solution stating that it has no objection to"H',^(^(k'" the change in reference coordinates."7 X,^(^(JJ."Ԍ ԙ18. We acknowledge that the upgrade of Station KFLY at Corvallis would provide an   hadditional reception service to a larger population than would the combined upgrade of Station   ZKBBTFM at Banks and the new allotment of Channel *268C3 at The Dalles. However, the   allotment of Channel *268C3 at The Dalles represents not only a first noncommercial service   to the community but also the provision of a new primary service while the upgrading of Station   KFLY at Corvallis represents only an expanded service by an existing voice. As the   Commission has consistently found, the provision of a new primary service is of a greater public  Y_-  benefit than the expansion of an existing one. See Benton, Arkansas, et al., 3 FCC Rcd  YH-  4840(1988), recon. denied 7 FCC Rcd 2555 (1992), Andalusia, Alabama, 49 FR 32201, August   13, 1984 (states policy that a modification of a license to a higher class channel does not provide   as great a public interest benefit as that of a new primary service). Further, none of the   population within the Corvallis gain area is unserved or underserved, with the entire population   receiving service from at least five fulltime aural stations. Thus, we are unable to find that the   upgrade at Corvallis, with its larger gain population, would outweigh the public interest benefit   Kderived from the provision of a first local noncommercial educational service at The Dalles.   Since the allotment of Channel 298C1 at Banks and Channel 269C2 at Redmond can be   accomplished in concert with the allotment at The Dalles and Sunriver, we will also grant this proposal.     !19. Combined, by its comments, has consented to modification of Station KLRR's   license to specify operation on Channel 269C2 in lieu of Channel 298C2 at Redmond. In   conformance with Commission policy, American Radio Systems License Corp, licensee of   Station KBBTFM, Banks, Oregon, is required to reimburse the licensee of Station KLRR for the reasonable costs associated with its change of channel.  Y-5Technical Summaryă  ?20. Channel 298C1 can be allotted to Banks in compliance with the Commission's   minimum distance separation requirements at the transmitter site specified in Station KBBTFM's   license. Channel 269C2 can be allotted to Redmond at the licensed site of Station KLRR.   Channel *268C3 can be allotted to The Dalles with a site restriction of 20.3 kilometers (12.6   miles) east because it does not require the use of more than conventional facilities to provide the   entire community with a citygrade 70 dBu signal. Channel 224C2 can be allotted to Sunriver  Y -  without the imposition of a site restriction.X Xk xP"-  ԍ The coordinates for Channel 298C1 at Banks are 453122 North Latitude and 1224507 West Longitude.   The coordinates for Channel 269C2 at Redmond are 440441; 1211957. The coordinates for Channel *268C3 at The Dalles are 453400; 1205500. The coordinates for Channel 224C2 at Sunriver are 435200; 1213000. Canadian concurrence in the allotment of Channel   298C1 at Banks has been received since the community is located within 320 kilometers (200 miles) of the U.S.Canadian border.  [21. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and"! x,^(^(JJ""   (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and   ;0.283 of the Commission's Rules, IT IS ORDERED, That effective May 18, 1998the FM Table   xof Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows:  Y-` `  Cityhh,VChannel No.  Y_-` `  Banks, OregonV298C1  YH-` `  Redmond, OregonV269C2, 275C1  Y1-` `  The Dalles, OregonV224C3, 249C2, *268C3, 283C  Y -` `  Sunriver, OregonV224C2  22. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications   Act of 1934, as amended, that the license of American Radio Systems License Corp., for Station   KBBTFM, Banks, Oregon, IS MODIFIED to specify operation on Channel 298C1, in lieu of Channel 298C2, subject to the following conditions:  Yy- X(a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301).(#  jX(b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620.(#  {X(c) Nothing contained herein shall be construed to authorize a change in transmitter  llocation or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules.(#   23. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications   Act of 1934, as amended, that the license of Combined Communications, Inc. for Station KLRR,   Redmond, Oregon, IS MODIFIED to specify operation on Channel 269C2 in lieu of Channel 298C2, subject to the following conditions:  AX(a) Nothing contained herein shall be construed as authorizing any change in  ^Station KLRR's license, BLH940930KA, except the channel as specified above.  Any other changes, except those so specified under Section 73.1690 of the Rules,  nrequire prior authorization pursuant to an application for construction permit (FCC Form 301).   X(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  BLH940930KA, except for the channel as specified above and a license application (FCC Form 302) is filed within 10 days of commencement of program tests.(#  Y#'-  - 24. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report"#' ,^(^(JJP("  Y-  /and Order by Certified Mail, Return Receipt Requested, to the following: Combined   Communications, Inc., Station KLRR, 4222 Commerce Street, Eugene, Oregon 97402 and Madgekal Broadcasting, Inc., Station KFLY, P.O. Box K, Corvallis, Oregon 97339..  Y- k#XP\  P6Q[hXP#25. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a   change of 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, American Radio Systems License Corp, licensee of Station KBBTFM, is required   to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade.  j26. A filing window for Channel 224C2 at Sunriver, Oregon, 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. However, since the allotment of Channel *268C3 at The   Dalles, Oregon, has been reserved for noncommercial educational use, applications for Channel   *268C3 at The Dalles may be filed and will be processed in accordance with the cutoff procedures for noncommercial educational FM applications.  m27. IT IS FURTHER ORDERED, That the application (BPH960206IE) filed by   xMadgekal Broadcasting for a onestep upgrade for Station KFLY(FM), Corvallis, Oregon, IS DENIED. 28. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  L29. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass Media Bureau, (202) 4182180. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` ` hh,VJohn A Karousos ` ` hh,VChief, Allocations Branch ` ` hh,VPolicy and Rules Division ` ` hh,VMass Media Bureau