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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. 97-130 Table of Allotments, ) RM-8751 FM Broadcast Stations. ) (Galesburg, Illinois and Ottumwa, Iowa) ) REPORT AND ORDER (Proceeding Terminated) Adopted: October 7, 1998 Released: October 16, 1998 By the Chief, Allocations Branch: 1. The Commission has before it the Notice of Proposed Rule Making in this proceeding. 12 FCC Rcd 6025 (1997). Gillbro Communications Limited Partnership ("Gillbro Communications") filed Comments and Reply Comments. Galesburg Broadcasting Company ("Galesburg Broadcasting") filed Comments, Further Comments and Reply Comments. For the reasons discussed below, we are substituting Channel 224C2 for Channel 224C3 at Ottumwa, Iowa, and are modifying the license of Station KTWA, Channel 224C3, Ottumwa, to specify operation on Channel 224C2. Background 2. At the request of Northern Broadcast Group, former licensee of Station WLSR (formerly WGBQ), Channel 224A, Galesburg, Illinois, the Notice in this proceeding proposed the substitution of Channel 224B1 for Channel 224A at Galesburg, and modification of the Station WLSR license to specify operation on Channel 224B1. To accommodate this upgrade, Northern Broadcast Group also proposed the modification of the reference coordinates for the Channel 224C3 allotment at Ottumwa, Iowa. 3. In regard to the Ottumwa allotment, the Notice observed that in MM Docket No. 89-365, we substituted Channel 224C3 for Channel 224A at Ottumwa, Iowa, and modified the Station KTWA license to specify operation on Channel 224C3 at Ottumwa. 5 FCC Rcd 4685 (1990). However, the construction permit to implement that upgrade expired on August 26, 1992, and was cancelled on November 18, 1992. In taking that action, we specifically stated that if the Gillbro Communications, licensee of Station KTWA, wished to remain a Class A FM station, it must submit an application on FCC Form 302 to modify the Station KTWA license and include a statement requesting that the Ottumwa, Iowa, allotment on Channel 224 be downgraded to Class A status. Gillbro Communications did not do so. Instead, on March 22, 1996, it filed a one-step upgrade application (File No. BPH-960322IC) proposing Class C2 facilities at its current site. Inasmuch as this application was filed prior to the Notice of Proposed Rule Making and comment date in this proceeding, the application was treated as a timely filed counterproposal. See Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, 7 FCC Rcd 4917, at n. 18 (1992), recon granted in part, 8 FCC Rcd 4743 (1993). 4. Conflicting FM proposals are comparatively considered under the guidelines set forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). In this situation, both proposals are for an upgrade of an existing facility and are considered under Priority (4) because neither proposal will provide either a first or second fulltime service under Priorities (2) or (3). Under Priority (4), we will favor the proposal that would expand service to the greatest number of persons. See Okmulgee, Nowata, Pawhuska, Bartlesville, Bixby, Oklahoma, and Rogers, Arkansas, 10 FCC Rcd 12014 (1995); Ashland, California, and Rolla and Monroe City, Missouri, 8 FCC Rcd 1799 (1993); Bowling Green and Elizabethtown, Kentucky, and Ferdinand, Indiana, 8 FCC Rcd 2097 (1993); Rocky Mount, North Carolina, 8 FCC Rcd 6206 (1993); Spring Grove and Preston, Minnesota, and Mason City, Iowa, 4 FCC Rcd 5738 (1989). In order to comparatively consider the proposals in this proceeding, it is necessary to resolve two issues. First, in comparing the Ottumwa upgrade versus the upgrade at Galesburg, we need to consider whether the proposal at Ottumwa is a Class A station upgrading to a Class C2 station or a Class C3 station upgrading to a Class C2 station. Second, inasmuch the respective population gains set forth in engineering exhibits by Galesburg Broadcasting and Gillbro Communications disagree on what Ottumwa upgrade should be comparatively considered in this proceeding, it is necessary for us to calculate the population gain of each proposed upgrade. We will resolve each issue below. 5. The Ottumwa proposal will be comparatively considered as an upgrade from a Class C3 station to a Class C2 station. We are making this determination even though Station KTWA currently operates with Class A facilities. Our reason for this determination is the fact that in MM Docket No. 89-365 we, in fact, modified the Station KTWA to a Class C3 station. That action is final and the Channel 224C3 allotment is set forth in the FM Table of Allotments. The action forfeiting and cancelling the minor change construction permit did not modify the underlying Station KTWA license to a Class A station. As stated earlier, such a modification back to a Class A station would have required Gillbro Communications to either file FCC Form 302 or a petition for rule making. Gillbro Communications has not done so. The Class C3 facility is protected in our data base and there is no impediment that would prohibit Gillbro Communications from filing a new minor change application to implement that Class C3 license modification. Moreover, Gillbro Communications can implement Class C3 facilities regardless of the outcome of this comparative proceeding. As such, there is no legal or public interest basis to consider the Gillbro Communications proposal as an upgrade from a Class A station to a Class C2 station in order to obtain a comparative advantage over a competing proposal in this proceeding. 6. In their respective engineering exhibits, Galesburg Broadcasting and Gillbro Communications have set forth the area and population gains of these upgrade proposals. The parties agree that the proposed Class B1 upgrade for Station WLSR at Galesburg would result in a net service gain to 36,560 persons in an area of 2,080 square kilometers. With respect to the Ottumwa upgrade, Gillbro Communications submitted an engineering exhibit depicting the net population and service area gain for Station KTWA from a Class A station to a Class C2 station. As discussed in the preceding paragraph, our comparative consideration of these two proposals will be based upon Station KTWA at Ottumwa upgrading from a Class C3 station to a Class C2 station. In regard to the Ottumwa upgrade from Class C3 to Class C2 station, Galesburg Broadcasting contends that there would be a net population gain of 16,249 persons in an area of 1,549 square kilometers. In order to resolve this matter, we undertook our own engineering study of these two upgrade proposals. 7. We undertook our study on the basis of the centroid retrieval method based on the 1990 U.S. Census. In regard to the Galesburg upgrade, we are in substantial agreement with the net population and area gains submitted by Galesburg Broadcasting and Gillbro Communications. According to our calculations, the proposed Class B1 upgrade for Station WLSR at Galesburg would result in a net service gain to 37,157 persons in an area of 2,289.9 square kilometers. While the Galesburg gain area itself consists of 2,464.8 square kilometers containing 38,591 persons, we note that this upgrade proposal would also result in a loss of service to an area of 174. 9 square kilometers containing 1,434 persons. Of this loss area and population, 41 persons in an area of 17.1 square kilometers would lose a fourth aural service and 15 persons in an area of 5.3 square kilometers would lose a fifth aural service. On the other hand, the proposed Class C3 to Class C2 upgrade at Ottumwa would result in Station KTWA serving an additional 38,492 persons in an area of 3,757.5 square kilometers without any area losing service. 8. We are substituting Channel 224C2 for Channel 224C3 at Ottumwa, Iowa, and are modifying the license of station KTWA, Ottumwa, Iowa, to specify operation on Channel 224C2. This upgrade and license modification will be implemented by the Audio Services Division in processing the pending one-step application proposing Class C2 facilities for Station KTWA (File No. BPH-960322IC). We are favoring the Ottumwa upgrade because it would serve 1,535 more persons than the competing upgrade at Galesburg. In addition to the fact that the Ottumwa upgrade will result in service to a greater gain area (3,757.4 square kilometers versus 2,464.8 square kilometers), we again note that the proposed Galesburg upgrade would have resulted in a loss of service to 1,434 persons in an area of 174.9 square kilometers. 9. 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 December 1, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, to read as follows: Community Channel No. Ottumwa, Iowa 224C2, 249C3 10. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Gillbro Communications Limited Partnership for Station KTWA, Ottumwa, Iowa, IS MODIFIED to specify operation on Channel 224C2 in lieu of Channel 224C3. This upgrade and license modification will be implemented by the pending one-step application by Gillbro Communications Limited Partnership (File No. BPH-960322IC) specifying Class C2 facilities. 11. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 12. For further information concerning this proceeding, contact Robert Hayne, Mass Media Bureau, (202) 418-2177. Questions regarding the pending one-step application specifying Class C2 facilities at Ottumwa, Iowa, should be directed 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