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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. 98-208 Table of Allotments, ) RM-9396 FM Broadcast Stations. ) (Princeton and Elk River, Minnesota )) REPORT AND ORDER (Proceeding Terminated) Adopted: September 29, 1999 Released: October 8, 1999 By the Chief, Allocations Branch: 1. In response to a Petition for Rule Making filed by Milestone Radio, LLC ("Milestone"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 22806 (1998), requesting the reallotment of Channel 291C2 from Princeton, Minnesota, to Elk River, Minnesota, and modification of the license for Station KLCI to specify Elk River as the community of license. Milestone filed supporting comments in which it reaffirmed its interest in Channel 291C2 at Elk River. No other comments were received in response to the Notice in this proceeding. 2. Based upon the information presented in this proceeding, we believe the public interest would be served by reallotting Channel 291C2 from Princeton, Minnesota, to Elk River, Minnesota, since it would result in a preferential arrangement of allotments pursuant to the Commission's Change of Community procedures. See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). Elk River is the County Seat for Sheburne County, is incorporated, has its own post office and zip code (55330) and a population of 11,143 people according to the 1990 Census. The reallotment of Channel 291C2 to Elk River will serve the needs and interests of the citizens of Elk River, providing a first local service to the community thus fulfilling allotment priority (3) of the Commission's allotment priorities. This action will not deprive Princeton of local service as Station WQPM(AM) is licensed to Princeton. Retention of Channel 291C2 in Princeton triggers priority (4), other public interest matters. 3. The reallotment proposal is consistent with the requirements set forth in Change of Community, supra. As stated in the Notice, there will be no actual decline in service area or number of listeners reached because Station KLCI does not intend to change its transmitter location. Station KLCI will continue to provide a city-grade signal to the residents of Princeton without disruption from its currently authorized site. However, as further stated in the Notice, Station KLCI's current transmitter site is authorized under Section 73.215 of the Rules and the Commission has specifically stated that it does not contemplate the use of directional antennas to create short-spaced allotments at the rule making stage. See Report and Order, MM Docket No. 87-121, 4 FCC Rcd 1681 (1989). Milestone has provided an alternate site, for purposes of this rule making proceeding, which meets the Commission's spacing requirements for the allotment of Channel 291C2 at Elk River. In response to the Notice, Milestone has provided a gain and loss study as well as reception services for the proposed site. A staff engineering analysis confirms that there will be a theoretical gain and loss area for the reallotment of Channel 291C2 from Princeton to Elk River and that those areas currently receive five or more reception services and are considered to be well served. Our analysis also shows that the present KLCI city grade contour encompasses small portions of the Minneapolis-St. Paul Urbanized Area and the St. Cloud Urbanized Area and that the proposed reallotment will not increase coverage to either of these areas. Therefore, Milestone was not required to provide a Tuck showing. 4. Channel 291C2 can be allotted to Elk River, Minnesota, in compliance with the Commission's minimum distance separation requirements at Milestone's specified site. In accordance with Section 1.420(i) of the Commission's Rules, we shall modify the license for Station KLCI to specify operation on Channel 291C2 at Elk River, Minnesota, as its new community of license. 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 November 22, 1999, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Elk River, Minnesota 291C2 Princeton, Minnesota ------- 6. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Milestone Radio, LLC, for Station KLCI, Channel 291C2, Princeton, Minnesota, IS MODIFIED to specify operation on Channel 291C2 at Elk River, Minnesota, 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; and (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. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in 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, Milestone Radio, LLC, licensee of Station KLCI, is required to submit a rule making fee in addition to the fee required for the application to effect the change in community of license from Princeton to Elk River, Minnesota. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions relating to the application filing process 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