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 Federal  Communications  Commission  DA  01-  968 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.202(  b), 
 Table  of  Allotments, 
 FM  Broadcast  Stations. 
 (Brighton  and  Stowe,  Vermont) 


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 MM  Docket  No.  00-  134 
 RM-  9922 
 RM-  10023 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  April  11,  2001  Released:  April  20,  2001 
 Before  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  the  Notice  of  Proposed  Rule  Making  in  this  proceeding. 
 15  FCC  Rcd  13978  (2000).  Linda  A.  Davidson  filed  Comments.  Radio  Vermont  Classics,  L.  L.  C.  (“  Radio 
 Vermont”)  filed  a  Counterproposal.  For  the  reasons  discussed  below,  we  are  allotting  Channel  295A  to 
 Brighton,  Vermont. 


 Background 
 2.  At  the  request  of  Linda  Davidson,  the  Notice  proposed  the  allotment  of  Channel  270A  to 
 Brighton,  Vermont,  as  a  first  local  service.  In  response  to  the  Notice,  Radio  Vermont,  licensee  of  Station 
 WCVT,  Channel  269A,  Stowe,  Vermont,  filed  a  Counterproposal  proposing  the  substitution  of  Channel 
 269C3  for  Channel  269A  at  Stowe,  and  modification  of  its  Station  WCVT  license  to  specify  operation  on 
 Channel  269C3.  In  regard  to  a  proposed  allotment  at  Brighton,  Radio  Vermont  sugests  an  alternate 
 channel. 


 3.  We  believe  that  the  public  interest  would  be  served  by  allotting  alternate  Channel  295A  to 
 Brighton  as  a  first  local  service.  1  On  the  other  hand,  we  deny  the  proposed  Class  C3  upgrade  at  Stowe  in 
 the  context  of  this  proceeding.  In  order  to  comply  with  the  minimum  separation  requirements  set  forth  in 
 Section  73.207  of  the  Rules,  this  allotment  would  require  a  site  restriction  of  25.3  kilometers  (15.7  miles) 
 northeast  of  Stowe.  Such  a  site  restriction  precludes  compliance  with  the  70  dBu  principal  city  coverage 
 requirement  set  forth  in  Section  73.315(  a)  of  the  Rules.  Based  upon  the  presumption  of  uniform  terrain 
 and  maximum  permissible  facilities  (25  kilowatts  at  100  meters  HAAT),  the  70  dBu  contour  of  a  Class  C3 
 facility  extends  23.  2  kilometers  and  would  not  encompass  Stowe.  We  do  permit  an  exception  to  the 
 presumption  of  uniform  terrain.  Woodstock  and  Broadway,  Virginia,  3  FCC  Rcd  6398  (1988).  Under  the 
 Woodstock  exception,  a  rulemaking  proponent  must,  in  addition  to  depicting  actual  terrain,  demonstrate  a 
 reasonable  assurance  of  the  availability  of  the  proposed  tower  site  and  FAA  approval.  In  this  instance, 
 Radio  Vermont  merely  includes  a  coverage  map  and  a  statement  that  FAA  notification  would  not  be 


 1  The  reference  coordinates  for  the  Channel  295A  allotment  at  Brighton,  Vermont,  are  44-  49-  44  and  71-  54-  45. 
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 Federal  Communications  Commission  DA  01-  968 
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 required  because  the  engineering  exhibit  contemplates  a  6-  meter  pole  at  the  allotment  site.  There  is  no 
 assurance  in  the  record  of  this  proceeding  that  this  site  is  available  or  the  height  above  average  terrain.  It  is 
 necessary  to  know  the  height  above  average  terrain  of  this  site  in  order  to  ascertain  the  actual  height  of  the 
 tower  above  ground  necessary  to  implement  the  proposed  station  at  maximum  facilities.  The  exact  location 
 of  the  tower  is  also  crucial  because  of  the  need  to  know  the  actual  distance  from  the  tower  to  Stowe  and  the 
 relevant  radial.  Once  a  rulemaking  proponent  has  ascertained  the  relevant  radial,  it  would  then  be  able  to 
 depict  the  actual  terrain  on  that  radial  and  determine  whether  the  actual  terrain  deviates  sufficiently  from 
 uniform  terrain  to  cause  the  70  dBu  contour  to  extend  furhter  than  the  predicted  23.2  kilometers.  At  this 
 juncture,  there  is  no  basis  under  Woodstock  in  this  proceeding  to  support  a  conclusion  that  this  proposal 
 complies  with  Section  73.315(  a)  of  the  Rules. 


 4.  Canadian  concurrence  is  required  for  the  Channel  295A  allotment  at  Brighton  because  Brighton 
 is  located  within  320  kilometers  (200  miles)  of  the  U.  S.-  Canadian  border.  Therefore,  Canadian 
 concurrence  for  this  allotment,  a  specially  negotiated  short-  spaced  allotment  has  been  requested  but  not  yet 
 received.  Rather  than  delay  any  further  the  opportunity  to  file  an  application  for  this  allotment,  we  will 
 allot  the  channel  at  this  time.  However,  if  a  construction  permit  is  granted  prior  to  the  receipt  of  formal 
 concurrence  by  the  Canadian  government,  the  construction  will  include  the  follwing  condition:  “Operation 
 with  the  facilities  specified  herein  is  subject  to  modification,  suspension,  or  termination  without  right  to 
 hearing,  if  found  by  the  Commission  to  be  necessary  in  order  to  conform  to  the  Canada-  USA  FM 
 Broadcast  Agreement  or  if  specifically  objected  to  by  Industry  Canada.” 


 5.  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  June  5,  2001,  the  FM  Table  of  Allotments,  Section 
 73.202(  b)  of  the  Commission’s  Rules,  IS  AMENDED,  with  respect  to  the  community  listed  below,  to  read 
 as  follows: 


 Community  Channel  No. 
 Brighton,  Vermont  295A 
 6.  A  filing  window  for  Channel  295A  at  Brighton,  Vermont,  will  not  be  opened  at  this  time. 
 Instead,  the  issue  of  opening  this  allotment  for  auction  will  be  addressed  by  the  Commision  in  a  subsequent 
 Order. 


 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Robert  Hayne,  Mass  Media 
 Bureau,  (202)  418-  2177. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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