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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. 96-95 Table of Allotments, ) RM-8787 FM Broadcast Stations. ) RM-8838 (Plattsmouth and Papillion, Nebraska,) and Osceola, Iowa) ) REPORT AND ORDER Adopted: October 14, 1998 Released: October 13, 1998 By the Chief, Allocations Branch: 1. The Commission has before it the Notice of Proposed Rule Making and Order to Show Cause, 11 FCC Rcd 4732 (1996), issued in response to the petition for rule making filed by Platte Broadcasting Company, Inc. ("Platte"), proposing the substitution of Channel 295C3 for Channel 295A at Plattsmouth, Nebraska, and the modification of Station KOTD-FM's license to specify operation on the higher class channel. To accommodate the allotment at Plattsmouth, we also proposed the substitution of Channel 296C2 for Channel 295C2 at Osceola, Iowa, and the modification of Station KJJC's license to specify the alternate Class C2 channel. In response to the Notice, Platte filed comments reiterating its intention to apply for Channel 295C3, if allotted to Plattsmouth. In addition, LifeStyle Communications Corp. ("LifeStyle"), licensee of Station KJJC, Osceola, filed an opposition and a counterproposal requesting the allotment of Channel 295A to Papillion, Nebraska, as the community's first local aural service, and the substitution of Channel 299A for Channel 295A at Plattsmouth. Platte and LifeStyle both filed reply comments. In order to proceed, the Commission issued an Order to Show Cause, 13 FCC Rcd 5109 (1998), directed to Platte, seeking comments on why Station KOTD-FM's license should not be modified to specify operation on Channel 299A in lieu of Channel 295A. Platte filed a response and request for a hearing, LifeStyle filed an opposition to the request for the hearing, and both parties jointly filed a settlement agreement and request for approval of the agreement. 2. In the jointly filed agreement, LifeStyle withdraws its opposition to the substitution of Channel 295C3 for Channel 295A at Plattsmouth, its counterproposal for the allotment of Channel 295A to Papillion and agrees to the modification of Station KJJC's license to specify operation on Channel 296C2 at Osceola. Platte also agrees to reimburse LifeStyle for the change in its operating channel. 3. Based on the information before us, we believe the public interest would be served by substituting Channel 295C3 for Channel 295A at Plattsmouth, Nebraska, since it could provide the community with its first wide coverage area FM service. In addition, as proposed, we will modify Platte's license for Station KOTD-FM to specify operation on the higher class channel. To accommodate this allotment, we are also substituting Channel 296C2 for Channel 295C2 at Osceola, Iowa, and modifying Station KJJC's license to specify operation on the alternate Class C2 channel. Technical Summary 4. Channel 295C3 can be allotted to Plattsmouth in compliance with the Commission's minimum distance separation requirements with a site restriction of 18.4 kilometers (11.4 miles) northeast to avoid a short-spacing to Station KTPK, Channel 295C, Topeka, Kansas, and to accommodate Platte's desired transmitter site. Channel 296C2 can be allotted to Osceola and used at Station KJJC's presently licensed transmitter site. 5. 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 7, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Osceola, Iowa 296C2 Plattsmouth, Nebraska 295C3 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Platte Broadcasting Company, Inc., for Station KOTD-FM, Plattsmouth, Nebraska, IS MODIFIED to specify operation on Channel 295C3, in lieu of Channel 295A, subject to the following conditions: (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). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (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. 7. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of LifeStyle Communications Corporation, for Station KJJC, Osceola, Iowa, IS MODIFIED to specify operation on Channel 296C2 in lieu of Channel 295C2, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station KJJC's license, BLH-890308KB, except the channel as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization 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 BLH-890308KB, except for the channel as specified above and a license application (FCC Form 302) is filed within 10 days of commencement of program tests. 8. IT IS FURTHER ORDERED, That the Commission's Office of Public Affairs, Reference Division, shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to the licensee of Station KJJC, as follows: LifeStyle Communications Corporation, 4 Catherine Circle, Wilbraham, MA 01095. 9. IT IS FURTHER ORDERED, That the counterproposal filed by LifeStyle Communications Corporation (RM-8838) to allot Channel 295A to Papillion, Nebraska, IS DISMISSED. 10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau