WPC' 2HBVX@Z3|P (TT)y.C8*XC\  P6QP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 4/4MostScriptonal)HPLAS4.WRSSC\  P6Q,,"%PP2 z3@3|PTimes New Roman (TT)Times New Roman (Bold) (TT)"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2 Z9@ @s HP LaserJet 4/4MostScriptonal)HPLAS4.WRSSXP\  P6Q,,"%PXP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6QP#X01Í ÍX01Í Í#XP\  P6Q DXP#"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddp`~p X- X    b X-x  Federal Communications Commission  DA 982022`(#(#X ă  yxdddy #XU4  pQxX#  X-v8#G4  pQ#Before the Federal Communications Commission  yOWashington, D.C. 20554#C\  P6QP#у  X-#XP\  P6Q DXP#In the Matter ofR#XP\  P6Q DXP#) R)  X-Amendment of Section 73.202(b),R)hMM Docket No. 97131  X-Table of Allotments,R)hRM9078  X-FM Broadcast Stations.R)hRM9155  X -(Twin Falls and Hailey, Idaho)f ݟ yO -ԍThe community of Hailey, Idaho, has been added to the caption.f R)  Xr -REPORT AND ORDER  X[ -TPx` ` (Proceeding Terminated)     X--X` hp x (#%'0*,.8135@8:performed by our engineering staff confirms HLSC's assertion that at least four intervening  Fterrain obstructions are present between the proposed site and Hailey blocking lineofsight"|H ,-(-(ZZ"  F>coverage of the community. In order to clear the terrain obstacles, an actual facility built at  Fthe proposed restricted site would have to be at a maximum height of 600 meters (1,968 feet).  FAdditionally, the proposed site location for Channel 233C is on U.S. Forest Service land, and  Ftherefore, in the absence of a reasonable assurance from the Department of Interior's Bureau  Fof Land Management to determine whether a given area is available, construction of any kind  X- F>in that area may be prohibited. See Bay Shore, New York, 25 FCC 2d 877 (1970). Therefore,  Fas a substantial question has been raised regarding the availability of a technically feasible site  Fto accommodate Channel 233C that complies with the Commission's rules, in accordance with  XH- Fyestablished precedence, that proposal must be rejected. See Creswell, Oregon, 3 FCC Rcd 4608  X1- 3FB(1988) and Pickneyville, Illinois, 41 RR 2d 69, 71 (1977).  F 11. Our studies also reveal that while Channel 294C is the only channel available to  X - FHailey as its first local aural transmission service,  n yOe - x;ԍAlthough EDAHOE argues that we should apply the Huntington Doctrine and not consider that the proposed  xallotment at Hailey would result in a first local aural transmission service due to Hailey's commonality with other  xcommunities proximate to and serving the Sun Valley Ski Resort area, we disagree. In the first instance, the  yO- xHuntington Doctrine has only been applied in the context of change of community of license proceedings or in  x,comparative hearings involving applications, neither of which are applicable here. Secondly, even in those cases in  yOM- xJwhich the Huntington Doctrine has arisen, the smaller community has been inside the urbanized area of a larger city  xor if proximate thereto, would provide a 70 dBu signal over 50% or more of the urbanized area, and a showing has  x,been made of interdependency between the smaller community and the larger urban center. In this instance, Hailey is not located in nor near an urbanized area, and we find it is an independent community for allotment purposes.  several alternate Class A channels are  X - Favailable for allotment at Twin Falls, as identified by HLSC, supra. Of the channels identified,  Fwe have selected Channel 269A for consideration at Twin Falls. Therefore, a comparative analysis of the two proposals is not required.  112. As to EDAHOE's concerns that due to the close proximity of its Station KSKI F!FM to Hailey, an eventual station operating on Channel 294C would compete with it for  Flisteners and advertising revenue, the Commission has previously determined that those issues  X4- Fjare not relevant in either the allotment or licensing context. See Policies Regarding Detrimental  X- FNEffects of Proposed New Broadcast Stations on Existing Stations, 3 FCC Rcd 638 (1988),  X- F]recon. denied, 4 FCC Rcd 2276 (1989); Cheyenne, Wyoming, 8 FCC Rcd 4473 (1993); and  X-Albion, Nebraska, 10 FCC Rcd 3183 (1995), rev. denied, 10 FCC Rcd 11927 (1995).  13. Additionally, as to EDAHOE's assertion that HLSC's motive in seeking a Class  FkC allotment at Hailey is to serve the entire Sun Valley Ski Resort area, no evidence has been  Fpresented to support such a presumption. Nor is it appropriate to question the intent of a  X|- FOproponent in an allotment proceeding. See Revision of FM Assignment Policies and  Xe- FProcedures, 90 FCC 2d 88, 102 (1982). Although the ultimate license of an allotment at Hailey  Fmay provide service to the Sun Valley resort area, its primary obligation is to serve the needs  X7- Fand interests of the community to which it is licensed.\ 7n yO&-ԍSee Section 73.1120 of the Commission's Rules.\ Furthermore, while EDAHOE"7( ,-(-(ZZ]"  Fcontends that the Sun Valley Ski Resort area is already well served by area stations, such  Freception service is not an adequate substitute for the provision of a first local service at  X-Hailey. See Sarnac Lake, New York, 6 FCC Rcd 5121 (1991).  14. Based upon the information presented, we believe the public interest would benefit  Fby adopting each proposal herein as it will provide an additional local FM service to Twin Falls, and a first local aural transmission service to Hailey, Idaho.  15. Channel 269A can be allotted to Twin Falls, Idaho, consistent with the minimum  Fzdistance separation requirements of Section 73.207(b)(1) of the Commission's Rules utilizing  Fthe city reference location at coordinates 423342 and 1142812. With respect to Channel  F294C, our engineering analysis has determined that the allotment may be made in accordance  Fwith the Commission's technical rules provided the transmitter site is located at least 19.1  X -kilometers (11.9 miles) southeast of Hailey at coordinates 432203 and 1141230.w@ n yON- xiԍAlthough HLSC suggested the use of a site located 29.9 kilometers (18.5 miles) southeast of Hailey, it is the  yO- xKCommissions' policy to impose the least restrictive theoretical site on a new proposed allotment. See Vacaville,  yO- xCalifornia, 4 FCC Rcd 8315 (1989), recons. denied 6 FCC Rcd 143 (1991). Moreover, our analysis reveals that as  xHLSC's suggested site appears to be an inaccessible hilltop located southwest of Picabo, Idaho, coverage into Hailey  xwould be from lineofsight and ducting (an anomaly associated with atmospheric inversion and reflection from  x+ surrounding terrain). From that reference site, the southwestern portion of Hailey (2$ and 4$ west of the lineofsight  xbearing at 334.44$ North), would be terrain obstructed. Consequently, use of HLSC's suggested site would not  yO-comply with the Commission's technical rules. See Creswell, Oregon, supra. w, Y n yOV- xԍThe proposed allotment of Channel 294C at Hailey meets the requirements of Section 73.207(b)(1) with respect  xto the allotment reference coordinates for Channel 294A at McCall, Idaho, at coordinates 445430 and 1160600.  xHowever, it is 26.5 kilometers (16.4 miles) short spaced to a onestep, first come/first serve application for Channel  x294C2 at McCall, Idaho (File No. BPH971023MD), filed on behalf of Idaho Broadcasting Consortium, Inc.  x("IBCI"). However, IBCI's application was filed after the cutoff date established in the instant proceeding for filing  x;conflicting proposals, and therefore, consistent with existing practice, is considered to represent nothing more than  yO- xthe applicant's preference for a particular site. See Amendment of the Commission's Rules to Permit FM Channel  yO- xjand Class Modifications by Application, 8 FCC Rcd 4735 at 4737, 4739 (1993). See also, Conflicts Between  yO- xApplications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917 (1992), pet. for  yO^-recon. granted in part, 8 FCC Rcd 4743 (1993). Y  16. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g)  Fand (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61,  Fz0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective November 23,  F}1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with regard to the communities listed below, as follows:  N N   X- N N City"VVJrChannel No.  X- N N Hailey, IdahoVVJ r 294C  X- N N Twin Falls, Idaho r239C1, 243C1,   N N "VVJr252C1, 269A "h,-(-(ZZ"Ԍ17. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  18. A filing window for Channel 269A at Twin Falls, Idaho, and for Channel 294C at  F\Hailey, Idaho, will not be opened at this time. Instead, the issue of opening a filing window for those channels will be addressed by the Commission in a subsequent Order.  19. For further information concerning the above, contact Nancy Joyner, Mass Media  FBureau, (202) 4182180. Questions related to the window application filing process should be addressed to the Audio Services Division, Mass Media Bureau, (202) 4182700.  N N "VVJr  X - " FEDERAL COMMUNICATIONS COMMISSION  X-  "John A. Karousos  Xy- '*  N N "Chief, Allocations Branch  Xb-  N N "Policy and Rules Division  XK-  N N "Mass Media Bureau  N N "VVJr