*Pages 1--5 from Microsoft Word - 4899.doc* Federal Communications Commission DA 00- 2613 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 99- 229 Table of Allotments, ) RM- 9479 FM Broadcast Stations. ) (Dayt on, Incline Village and Reno, Nevada) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 8, 2000 Released: November 17, 2000 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making (“ Notice”), 14 FCC Rcd 9386 (1999), issued in response to a petition for rule making filed jointly by Salt Broadcast ing, L. L. C., licensee of St at ion KTHX- FM, Incline Village, Nevada, and Americom Las Vegas Limited Part nership, licensee of St at ion KRNO- FM, Reno, Nevada (“ pet it ioners”). The Notice proposed the substitution of Channel 261C1 for Channel 261C2 at Incline Village and its reallotment to Dayton, as the community’s first local aural service and modification of KTHX- FM’s authorization accordingly. In order to provide a replacement service at Incline Village the Not ice also proposed the reallotment of Channel 295C from Reno to Incline Village and the modificat ion of Station KRNO- FM’s authorization accordingly. Petitioners filed supporting comments in response to the Notice. No other comments were filed. 2. As we stated in the Notice, petitioner’s proposal, was filed pursuant to the provisions of Section 1.420( i) of the Commission’s Rules, to allot Channel 261C1 from Incline Village to Dayton. Both are incorporated community located outside the Reno Urbanized Area. As the distance bet ween Incline Village and the pet it ioner’s specified sit e at Dayton is 52. 7 kilomet ers, whereas a distance of 224 kilometers is required pursuant to Section 73.207( b)( 1) of the Commission’s Rules, the petitioner’s proposal is mutually exclusive with its existing authorization. 3. The Not ice also announced our preliminary belief that the reallot ment would result in a preferential arrangement of allotments consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992) as it could provide Dayton with its first local aural transmission service, and enable Channel KTHX- FM as a Class C1 station to expand its coverage area to provide 24,146 people within a 7,106 square kilometer area with an additional radio service while only 4 people within a 12 square kilometer area would lose service. The petitioners also stated that the entire gain and loss areas are well served, with at least 10 reception services. Petitioner also stated that the reallotment of Channel 295C from Reno would prevent the loss of Incline Village’sole local aural service. No change in Station KRNO- FM’s presently licensed transmitter site is proposed t herefore pet it ioners st at ed t hat t here will be no loss or gain in reception service. As to the loss of 1 Federal Communications Commission DA 00- 2613 2 t ransmission service t o Reno, pet it ioners not ed t hat the communit y will cont inue to be well served by t he remaining seven AM and six FM st at ions. 4. The Not ice also recognized that as an Incline Village st at ion, KTHX- FM present ly provides a 70dBu signal to 77.1% of the Reno Urbanized Area and this percentage will increase to 87. 7% if Station KTHX- FM is reauthorized as a Dayton station. Since the change in community from Reno t o Incline Village did not involve a change in transmitt er sit e and because the station is currently licensed to serve the center city of the Reno Urbanized Area, we did not require the petitioners to submit a Tuck analysis to demonstrate that Dayton is sufficiently independent of Reno to merit a first local service preference. See, Boulder and Lafayette, Colorado, 12 FCC Rcd 583 (1997). 1 5. Based upon the information presented in this proceeding, we will reallot Channel 261C1 from Incline Village to Dayton since it is consist ent wit h the Commission’s change of communit y procedures. See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon granted in part, 5 FCC Rcd 7094 (1990). Pursuant to the Commission’s allotment priorities Dayton would receive its first local transmission service (priority 3). 2 In addit ion the reallot ment to Dayton will enable pet it ioners to provide new reception service to more than 24,000 persons in an area of approximately 7,876 square kilometers. Notwithstanding the above, we recognize that the reallotment of Channel 261C1 from Incline Village to Dayton would remove Incline Village’s only local service. In Communit y of License, 5 FCC Rcd at 7097, the Commission specifically stated that the public has a legitimate expectation that existing service will continue, and that this expectation is a factor weighed independently against the service benefits that may result from realloting a channel. We did so in this proceeding. “Ordinarily, allotment of a replacement channel is not sufficient to overcome the concern pertaining to the disruption of local service”. See, Llano and Marble Falls, Texas, 12 FCC Rcd 809 (1997). However, in order to avoid any service disruption petitioners proposed to reallot Channel 295C from Reno to Incline Village. As a result , Incline Village will ret ain local aural service and will be served by a superior Class C facilit y inst ead of a Class C2 facilit y. In order to insure the public int erest benefits associat ed wit h reallotment of Channel 295C to Incline Village and to avoid any delay in inst it ut ing the replacement service in Incline Village we will condit ion the grant of an aut horizat ion t o operat e St at ion KTHX-FM on Channel 261C1 at Dayton upon the activation of Station KRNO- FM on Channel 295C at Incline Village. 6. In view of the above, and in accordance with the provisions of Section 1.420( i) of the Commission’s Rules, we will modify the license of Salt Broadcasting, L. L. C. for Station KTHX- FM to specify operation on Channel 261C1 at Dayton, Nevada, in lieu of its present use at Incline, Village. In addit ion we will modify the license of Americom Las Vegas Limited Part nership to specify operation on Channel 295C at Incline Village, in lieu of its present use at Reno, Nevada. 1 At the proposed coordinates, Dayton is 37. 6 kilometers ( 23. 41 miles) southeast of Reno and Incline Village is 33.8 kilometers (21 miles) southwest of Reno. 2 See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). 2 Federal Communications Commission DA 00- 2613 3 7. As stated in the Notice, Channel 261C1 can be allotted to Dayton in compliance with the requirements of Section 73.207( b)( 1) of the Commission’s Rules at the petitioner’s specified site locat ed 36. 8 km (22. 9 miles) nort heast of the communit y at coordinat es 39- 29- 27 NL and 119- 19- 03 WL. Channel 295C can be allotted to Incline Village wit h a sit e rest rict ion of 10. 1 km (6. 3 miles) northeast. 3 8. 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 January 2, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED for the community listed below, as follows: City Channel No. Dayton, Nevada 261C1 Incline Village, Nevada 295C Reno, Nevada 225C, 238C, 269C3 271C3, 283C, 289C 9. IT IS FURTHER ORDERED, That pursuant to Section 316( a) of the Communications Act of 1934, as amended, the license of Salt Broadcasting, L. L. C., for Station KTHX- FM, IS MODIFIED to specify operation on Channel 261C1 at Dayton, Nevada in lieu of Incline Village, subject to the following conditions: 3 The coordinates for Channel 295C at Incline Village, Nevada are 39- 18- 38 NL; 119- 53- 01 WL. The coordinates for Channel 261C1 at Dayton, Nevada are 39- 29- 27 NL and 119- 19- 03 WL. 3 Federal Communications Commission DA 00- 2613 4 (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), specifying the new facility; (b) 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. (c) Operation of Station KTHX- FM on Channel 261C1 in Dayton, Nevada, including program test operation pursuant to Section 73.1620, will not be commenced until such time as express authorization from the Commission has been granted. Such authorization will not be granted until a construction permit has been issued for Channel 295C at Incline Village, Nevada and activation of service has been initiated on Channel 295C at Incline Village. 10. IT IS FURTHER ORDERED, That pursuant to Sections 316( a) of the Communications Act of 1934, as amended, the license of Americom Las Vegas Limited Partnership for Station KRNO- FM, IS MODIFIED to specify operation on Channel 295C at Incline Village, Nevada in lieu of Reno, Nevada, 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), 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. 11. 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, Salt Broadcasting, L. L. C., licensee of Station KTHX- FM and Americom Las Vegas Limited Partnership, licensee of Station KRNO- FM are required to submit a rule making fee in addition to the fee required for the applications to effectuate the change in 4 Federal Communications Commission DA 00- 2613 5 community of license and/ or upgrade at Dayton and Incline Village, Nevada. 12. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 13. For further information concerning the above, contact Arthur D. Scrutchins, Mass Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 5