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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. 99-276 Table of Allotments, ) RM-9702 FM Broadcast Stations. ) (Scappoose and Tillamook, Oregon) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 14, 2000 Released: June 23, 2000 By the Chief, Allocations Branch: 1. At the request of Thunderegg Wireless, L.L.C. ("petitioner"), licensee of Station KJUN, Tillamook, Oregon, the Commission has before it the Notice of Proposed Rule Making, 14 FCC Rcd 14178 (1999), proposing the reallotment of Channel 281C3 from Tillamook to Scappoose, Oregon, as the community's first local aural service, and the modification of Station KJUN's license to specify Scappoose as its community of license. Petitioner filed comments reiterating its intention to apply for the channel, if allotted. No other comments were received. 2. Based on the record before us, we believe that the public interest would be served by reallotting Channel 281C3 from Tillamook to Scappoose, as the community's first local aural service. As stated in the Notice, Scappoose is an incorporated community with a 1990 U.S. Census population of 3,529 persons, its own local government which provides residents with municipal services such as fire and police protection, schools and a water system. In addition, it has other community attributes such as churches, retail and manufacturing businesses, doctors, and two local weekly newspapers. Tillamook, with a 1990 U.S. Census population of 4,001 persons, will retain local aural service from Stations KTIL- FM and KMBD(AM). The allotment of Channel 281C3 to Scappoose will also enable Station KJUN to provide service to an additional 704,242 persons with a 4,803 square kilometer (1,854 square mile) area. We recognize that 21,447 people will lose service, of which 14,655 will continue to receive at least five services. Of the remaining 6,792 people, 4,312 people will receive four services, 2,461 people will receive three services and 19 people will be underserved with only two services. However, we believe that the need to provide a first local service to Scappoose and the far greater number of people who will receive an additional service outweighs the relatively small population which will lose service. Additionally, no white or gray area will be created by the grant of this proposal. Further, Scappoose is not located within any Urbanized Area and the station's predicted 70 dBu contour will cover only ten percent of the Portland, Oregon-Vancouver, Washington, Urbanized Area. Therefore, we find that the reallotment will result in a preferential arrangement of allotments since it will further the third allotment priority, the provision of a first local aural service, while the channel's retention at Tillamook will serve only the fourth allotment priority. In accordance with Section 1.420(i) of the Commission's Rules, we will also modify petitioner's license for Station KJUN to specify Scappoose as its community of license. 3. Channel 281C3 can be allotted to Scappoose in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.5 kilometers (4.1 miles) northwest to accommodate petitioner's desired transmitter site. Canadian concurrence in the allotment has been obtained since Scappoose is located within 320 kilometers (200 miles) of the U.S.-Canadian border. 4. 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 August 7, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Scappoose, Oregon 281C3 Tillamook, Oregon 231C3 5. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Thunderegg Wireless, L.L.C. for Station KJUN, Channel 281C3, Tillamook, Oregon, IS MODIFIED to specify Scappoose, Oregon, in lieu of Tillamook, Oregon, as its community of license, 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. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any party seeking a change of 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, Thunderegg Wireless, L.L.C., licensee of Station KJUN, is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. 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