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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6Q_P#X01Í ÍX01Í Í#XP\  P6Q߳XP#Courier New (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)X_C\  P6QP.7PC2X߳XP\  P6QXPl7UC2X(|XU4  pQXSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN/>/>/>/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!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"H^^Kdz6ddKdKSSSdu dSdddSSSduS<Kdd2ddx|d dSdSdSdSxdddduS| d|uuNiKdS]ZZdd,dd&,d,dZtd(9KxR(9CKdz6ddKdKSSSdu dSdddSSSduS<d,d,d ddi,d&udKd<dSdxZZdKdZ] ddddSSSS X' X    9J X4x  Federal Communications Commission  *DA 991837`(#(# ă   yxdddy Պ#XU4  pQ|X#vk #G4  pQh#Before the  Federal Communications Commission  yO'DWashington, D.C. 20554#C\  P6Q_P#у  XA4#XP\  P6Q߳XP#In the Matter of#XP\  P6Q߳XP#) )  X4Amendment of Section 73.202(b),)MM Docket No. 99170  X4Table of Allotments,)RM9545 FM Broadcast Stations.) (Oceanside and Encinitas, California))  X '. REPORT AND ORDER  X 4\` ` m&(Proceeding Terminated)   *  X[ 4X` hp x (#%'0*,.8135@8: yO4' x ԍFor FM allotment purposes, a white area is a geographical area that is not served by any fulltime aural service and a gray area is one that is served by only one fulltime aural service.  X4 " 3. The Notice also recognized that Oceanside and Encinitas are both located in the San  xyDiego Urbanized Area. Station KXST presently provides a 70 dBu signal over 57.3% of the  x"urbanized area. As no change in transmitter site is proposed, the petitioner was not required to  XH4 xsubmit a Tuck analysis to demonstrate that Encinitas is sufficiently independent of the San  X14 x Diego Urbanized Area to merit a first local transmission service preference.(1 > yO ' x ԍSee Huntington Broadcasting Co. v. F.C.C., 192 F.2d 33 (D.C. Cir. 1951), RKO General, Inc. ("KFRC"), 5 FCC  yO 'Rcd 3222 (1990), and Faye and Richard Tuck ("Tuck"), 3 FCC Rcd 5374 (1988).( See Notice at para.  X 47.  x> yOC' xZ ԍNevertheless, petitioner provided a profile of Encinitas to reflect that it is governed by a fivemember City  x Council and a city manager, and has its own complement of community services including fire, water and sewer  x departments, hospitals, library services, public and private schools, churches, a host of commercial establishments, civic and social organizations, a visitors center, public beaches, parks, and a botanical garden.   X 4 ",4. The Notice also advised that Station KXST, which is a pre1964 grandfathered  xauthorization, is shortspaced to Station KGBFM, Channel 268B, San Diego, California, and  x"Station KSCA, Channel 270B, Glendale, California, both of which were also authorized prior to  x1964. Since the requested reallotment to Encinitas does not involve a transmitter site change,  X4 xthe Notice questioned whether the policy set forth in Newnan and Peachtree City, Georgia, 7  xIFCC Rcd 6307 (1992), should be continued and whether it should be extended to post1964 FM  x#stations that are not now in conformity with the current minimum distance separation  XK4 x/requirements set forth in Section 73.207(b) of the Commission's Rules.> K` > yO\' x ԍThe request for comments was directed also to three earlier proceedings [Fremont and Holton, Michigan, MM  yO$' xk Docket No. 98180, (DA 981956, released October 2, 1998); Kileen and Cedar Park, Texas, MM Docket No. 98176  yO' x* (DA 981939, released September 25, 1998); and Sugar Hill and Toccoa, Georgia, MM Docket No. 98162 (DA 981785, released September 11, 1998))] involving reallotment requests by existing grandfathered facilities. > See Notice at para. 6.  X44 xUnder Newnan, the Commission permitted a grandfathered facility authorized pursuant to Section  x73.213 of the Rules (pre1964) that did not meet the current minimum distance separation  xrequirements of Section 73.207(b) to relocate to a new community as no change to the technical  xfacilities was involved. In taking that action, we acknowledged that we were creating a new  xshortspaced allotment in contravention of Section 73.207 of the Commission's Rules. However,  xour rationale for that action was that grandfathered FM stations that were in compliance with the  xRules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our Rules. "|H ,-(-(ZZ"Ԍ X4 "5. In response to the Notice, petitioner urges the Commission to sustain the policy  X4 xconcerning reallotments for grandfathered shortspaced stations set forth in Newnan. Petitioner  xmaintains that as Station KXST was in compliance with the Commission's Rules when  xauthorized, it should be permitted the identical opportunity to benefit by changing its community  xof license as any other station authorized in conformity with the Commission's Rules. With  x<respect to the existing thirdadjacent channel shortspacing to Station KGBFM, Channel 268B,  xISan Diego, California, petitioner advises that the Commission eliminated the distance separation  xand interference protection requirements with respect to second and third adjacent channel  XH4 x0grandfathered stations that have existed continuously since November 16, 1964. See  X14 x"Grandfathered ShortSpaced FM Stations, 12 FCC Rcd 11840. See also,  73.213(a)(4) of the  xyCommission's Rules. Therefore, petitioner asserts that the shortspacing that exists between  x<Station KXST and Station KGBFM should not be any hindrance to its reallotment request. As  x_to the existing shortspacing to Station KSCA, Channel 270B, Glendale, California, petitioner  xurges that as its proposal does not involve any change in Station KXST's technical facilities, it  X 4 xis consistent with the requirements set forth in Newnan,!" > yO7' x ԍPetitioner provided a summary of the comments filed in the earlier referenced pending rule making proceedings  {O' x supporting retention of the Newnan policy for pre1964 grandfathered stations. See footnote 6, supra. However, as  yO' x this proceeding involves pre1964 grandfathered facilities only, we are not addressing herein whether the Newnan policy should be extended to post1964 grandfathered FM stations. ! as no transmitter site change is proposed  xIand it will not exacerbate any existing shortspacings or create new ones. Therefore, petitioner  xVurges that the reallotment of Channel 271B to Encinitas will result in a preferential arrangement  xuof allotments, and will fulfill the goal of a "fair, efficient, and equitable distribution of radio  xservice" pursuant to the requirements of  307(b) of the Communications Act of 1934, as amended. 47 U.S.C.  307(b).   "N6. Based upon the information presented, we believe the public interest would be served  xby reallotting Channel 271B from Oceanside to Encinitas, California. Our decision is premised  x~on the fact that the reallotment of Channel 271B to Encinitas represents a preferential  X4 xarrangement of allotments pursuant to the Commission's Revision of FM Assignment Policies and  X4 xProcedures, supra. As no change of the transmitter site for Station KXST is proposed, the first  x_two allotment priorities are not applicable to this proposal. Encinitas will be provided with its  x<first local aural transmission service (priority three) and is favored over retaining Channel 271B  xat Oceanside which will continue to receive local transmission service (priority four) provided  xby fulltime noncommercial Station KKSM(AM). Additionally, the reallotment of Channel 271B  xto Encinitas will not dilute the current level of twentyfour fulltime AM and FM broadcast  xVreception services received at Oceanside. Moreover, as no technical changes are proposed for  xStation KXST, there will be no increase in interference potential to other stations. As Station  xpKXST can provide a 70 dBu signal over Encinitas from its present site, adoption of this proposal  xwill not effect existing grandfathered short spacings and no new short spacings will result.  xTherefore, in accordance with its representations in this allotment proceeding, petitioner is  xexpected to file a minor change application (Form 301) for a construction permit specifying  xEncinitas as its community of license from its currently authorized site at Oceanside. This will"!,-(-(ZZ "  xVensure that the integrity of the FM Band and the listening public will not be compromised by the  xgrant of this proposal. In light of the foregoing, and in accordance with the provisions of Section  x1.420(i) of the Commission's Rules, we will modify the license of Station KXST to specify Encinitas, California, as its community of license.  "7. Channel 271B can be allotted to Encinitas utilizing the petitioner's currently licensed  xsite at coordinates 330640 NL and 1171205 WL. Although Encinitas is located within 320  xEkilometers (199 miles) of the U.S.Mexico border, it was not necessary to request Mexican  x}concurrence as the reallotment involves no site change for Station KXST. However, as a result  x8of our decision herein, we will notify the Mexican government of the change to the Table of  x}Allotments to reflect the deletion of Channel 271B at Oceanside and its reallotment to Encinitas,  X 4California.   "8. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  x(r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and  x0.283 of the Commission's Rules, IT IS ORDERED, That effective October 25, 1999, the FM  xpTable of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to the communities listed below, as follows:  XK4` `  CityhhCqppChannel No.   X4` `  Encinitas, Californiaqpp 271B  *xxX   X4` `  Oceanside, Californiapp  "9. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications  xAct of 1934, as amended, the license of Compass Radio of San Diego, Inc. for Station KXST,  xChannel 271B, Oceanside, California, IS MODIFIED to specify operation on Channel 271B at Encinitas, California, in lieu of Oceanside, California, subject to the following conditions:  Xe4  X` hp x (#%'0*,.8135@8: