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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In re Application of               )
Southern Oregon University         )
                         )
For a New AM Radio Station,        )    File No. BP-971212AB
Mountain Gate, California          )

                   MEMORANDUM OPINION AND ORDER

     Adopted:  October 25, 1999                   Released:  October 28, 1999

By the Commission:

     1. The Commission has before it an Application for Review filed June 22, 1998, by Southern Oregon
University ("Southern").  Southern seeks review of the May 1, 1998, action returning as unacceptable for filing
its application for a new AM broadcast station at Mountain Gate, California.  For the reasons set forth below,
we deny review.

     2. The staff determined that Southern's proposed facilities would not adequately protect the licensed
facilities of AM Station KMCA, Burney, California, as required by 47 C.F.R.  73.37(a).  Southern argues
that the rule should not apply to its application, because the KMCA licensee had filed an application for a
construction permit to change its community of license.  Specifically, Southern contends that, because its
dismissed application was actually a competing proposal with KMCA's application to change community of
license, dismissal of its own application for failure to protect KMCA's existing facilities "shielded KMCA's
. . . application from possible competition" while protecting "a facility being abandoned."   

     3. We find that the staff properly considered and resolved Southern's arguments, and we uphold the
staff's decision for the reasons stated therein.  The staff properly interpreted  73.37(a) to preclude acceptance
of an application that does not protect the contours of an existing facility, even when the licensee of the existing
facility has a construction permit, or, as here, has filed an application for a permit, which, if implemented,
would eliminate contour overlap between the licensee's existing facility and the other applicant's proposed
facility.  This interpretation ensures both that the licensed facility can continue to operate in the event it cannot
implement its construction permit and an orderly transition from grant of the permit to grant of a license for
the modified facility.

     4. Accordingly, IT IS ORDERED, That the June 22, 1998, Application for Review filed by Southern
Oregon University IS DENIED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Magalie Roman Salas
                         Secretary