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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. 97-136 Table of Allotments, ) RM-9083 FM Broadcast Stations. ) RM-9136 (Ironton, Malden and ) Salem, Missouri) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 25, 1998 Released: April 3, 1998 By the Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making and Order to Show Cause, 12 FCC Rcd 6559 (1997), issued in response to a petition filed by B.B.C., Inc. ("B.B.C."). B.B.C requested the substitution of Channel 225C2 for Channel 225C3 at Malden, Missouri, and modification of its license for Station KMAL(FM), to specify operation on Channel 225C2. To accommodate the substitution at Malden, B.B.C. also requested the substitution of Channel 224A for Channel 225A at Ironton, Missouri, and modification of the license for Station KYLS accordingly. B.B.C. filed comments continuing to support the requested substitutions at Malden and Ironton. Dockins Communications, Inc. ("Dockins"), licensee of Station KYLS at Ironton, Missouri, filed comments in response to the Order to Show Cause. Dockins and B.B.C. filed a joint counterproposal in response to the Notice. 2. Based on the information filed in this proceeding, we believe the public interest would be served by the substitution of Channel 225C2 for Channel 225C3 at Malden, Missouri. A staff engineering analysis has determined that Channel 225C2 can be allotted to Malden, Missouri, at B.B.C.'s existing transmitter site. To accommodate the upgrade at Malden, we shall substitute Channel 224A for Channel 225A at Ironton, Missouri, and modify the license for Station KMAL(FM) to specify operation on Channel 224A at the licensed site for Station KMAL(FM). In accordance with Section 1.420(g) of the Commission's Rules, we have authorized a modification of the license for Station KMAL(FM) to specify operation on Channel 225C2. We have also authorized a modification of the license for Station KYLS in accordance the Commission's Rules to specify operation on Channel 224A. In response to the Order to Show Cause, Dockins, licensee of Station KYLS, Ironton, did not object to the channel substitution but merely stated that the proposed substitution could result in increased interference to Station KYLS from a station operating on Channel 224A at Herrin, Illinois. Dockins failed to make a showing supporting these comments. Indeed, our engineering analysis shows that Channel 224A at Ironton, Missouri, and Channel 224B1 at Herrin, Illinois, are fully spaced, rounding the distance to the nearest kilometer as permitted under Section 73.208(c)(8) of the Commission's Rules. 3. Commission policy requires reimbursement to affected stations for the reasonable costs associated with changing frequencies. See Circleville and Columbus, Ohio, 8 FCC Rcd 24 159 (1967). B.B.C. has stated that it will pay the reasonable costs associated with a one-channel change by KYLS, Ironton. 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 May 18, 1998, 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 Ironton, Missouri 224A Malden, Missouri 225C2 5. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended that the license of Station KMAL(FM), Malden, Missouri, IS MODIFIED to specify operation on Channel 225C2 in lieu of Channel 225C3, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall file with the Commission a minor change application for construction permit (Form 301), specifying the new facility; (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. 6. IT IS FURTHER ORDERED, that pursuant to the authority contained in Section 316(a) of the Communications Act of 1934, as amended, that the license of Station KYLS, Ironton, Missouri, IS MODIFIED, to specify operation on Channel 224A, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in License BLH971006KI except for the channel as specified above. Any changes, expect those specified require prior authori- zation 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 BLH971006KI, except for the channel as specified above, and a license application (Form 302) is filed within 10 days of commencement of program tests. 7. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail, Return Receipt Requested, a copy of this Order to the following: Ultra-Sonic Broadcast Stations, Inc. D. Ramsey & B. Vancil, A Gral. Ptnrsh. Station KMMC Route #2, Box 496 P. O. Box 650 Portageville, MO 63873 Salem, Missouri 65560 (applicant for Ch. 223A, Poplar Bluff, MO) 8. 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, B.B.C. Inc., licensee of Station KMAL(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the upgrade at Malden, Missouri. 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related 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