******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 97-204 Table of Allotments, ) RM-9143 FM Broadcast Stations. ) RM-9158 (McFarland and Coalinga, California) ) REPORT AND ORDER (Proceeding Terminated) Adopted: April 22, 1998 Released: May 1, 1998 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 13899 (1997), issued in response to two mutually exclusive petitions for rule making seeking the allotment of Channel 247A to McFarland or Coalinga, California. The proposal to allot Channel 247A to McFarland (RM-9143) as that community's second local FM transmission service was filed on behalf of Kerner Broadcasting Company ("Kerner"). The second proposal filed on behalf of James K. Zahn ("Zahn") seeks the allotment of Channel 247A to Coalinga (RM-9158) as that community's second local commercial FM transmission service. Kerner and Zahn each filed supporting comments as well as joint reply comments in response to the Notice. Comments were also filed by Willliam L. Zawila, permittee of Station KNGS(FM), Coalinga, California. 2. As stated in the Notice, each petitioner requested the allotment of FM Channel 247A to their respective community. Since the proposals are separated by a distance of 105.3 kilometers (65.4 miles), whereas a minimum distance of 115 kilometers (71 miles) is required between Class A co-channel allotments, they are mutually exclusive. Although the Notice proposed allotting Channel 247A to either community, the proponents were requested to demonstrate in their comments to the Notice why their community should be preferred, utilizing as a guide the criteria set forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). Additionally, petitioners were advised that in the event the comparative factors proved to be equivalent, the larger of the two communities would be preferred. Petitioners were also offered the option to determine if alternate channels were available to remove the noted conflict. 3. In response to the Notice, Kerner and Zahn each filed comments supporting their respective proposals. Kerner remarks that although the population of the two communities is comparable, McFarland presently has only one local aural transmission service, whereas the proposal to allot Channel 247A to Coalinga represents that community's fourth local aural transmission service. Therefore, Kerner asserts that McFarland, with fewer existing services, should be preferred. Zahn comments that as each community seeks a second local FM transmission service the proposals are otherwise equal, and therefore the population difference must favor Coalinga as the larger community. However, Zahn offers that Channel 247A may co-exist at each community if the reference point for the Coalinga proposal is site restricted to an area approximately 10 kilometers (6.2 miles) northwest of the community, at coordinates 36- 12-37 NL and 120-25-35 WL. In joint reply comments the proponents endorse the placement of a site restriction on proposed Channel 247A at Coalinga, as suggested by Zahn, to enable Channel 247A to be allotted to McFarland as well, consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules. 4. A staff engineering analysis confirms that the requested placement of a site restriction on proposed Channel 247A at Coalinga removes the conflict with proposed Channel 247A at McFarland. Therefore, Channel 247A may be allotted to McFarland at a restricted site located 10.3 kilometers (6.4 miles) west of the community at coordinates 35-40-16 and 119-20- 30. Additionally, Channel 247A may be allotted to Coalinga, California, consistent with the technical requirements of the Commission's Rules provided the transmitter site therefor is located at least 10 kilometers (6.2 miles) northwest of the community, utilizing coordinates 36- 12-37 NL and 120-25-35 WL. 5. In light of the foregoing, and in view of the interest expressed in providing an additional local FM transmission service at McFarland and at Coalinga, California, we will allot Channel 247A to each community, as requested. 6. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (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 June 15, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to the communities listed below, as follows: City Channel No. Coalinga, California 247A, 261B McFarland, California 247A, 275B1 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. A filing window for Channel 247A at Coalinga, and at McFarland, California, will not be opened at this time. Instead, the issue of opening a filing window for Channel 247A at Coalinga and at McFarland will be addressed by the Commission in a subsequent Order. 9. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 247A at Coalinga and McFarland, California, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau