*Pages 1--3 from Microsoft Word - 25846.doc* Federal Communications Commission DA 03- 628 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Reclassification of License ) Of Station WYSF( FM) ) RM- 10661 Birmingham, Alabama ) ORDER TO SHOW CAUSE Adopted: March 12, 2003 Released: March 14, 2003 Comment Date: April 28, 2003 By the Assistant Chief, Audio Division: 1. Before the Audio Division for consideration is a petition for rule making filed by SSR Communications Incorporated (“ SSR”), requesting the allotment of FM Channel 233A at Calhoun, Georgia, as that community’s first local commercial FM transmission service. Additionally, to accommodate the allotment of Channel 233A at Calhoun, consistent with the minimum distance separation requirements set forth in Section 73.207( b) of the Commission’s Rules, SSR also requests the reclassification of Station WYSF, Channel 233C, Birmingham, Alabama, to specify operation on Channel 233C0. 1 Station WYSF currently operates on Channel 233C with an effective radiated power of 100 kilowatts at 309 meters height above average terrain (“ HAAT”), which is below the minimum Class C antenna height of 451 meters HAAT. SSR asserts that as Station WYSF currently operates below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the Commission’s Second Report and Order in MM Docket No. 98- 93, 15 FCC Rcd 21649 (2000), 2 and as set forth in 1.420( g), note 2, and Section 73.3573, note 4 of the Commission’s Rules. 2. Pursuant to the reclassification procedures set forth in the Second Report and Order, supra, and Section 1.420( g), note 2, the reclassification of a Class C FM station to a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission’s Class C0 reclassification procedures, we will direct this order to Citadel Broadcasting Company, licensee of Station WYSF( FM) at Birmingham, Alabama, to show cause why its license for Station WYSF should not be modified to specify operation on Channel 233C0 in lieu of Channel 233C at Birmingham, Alabama. 1 The distance between the required site for requested Channel 233A at Calhoun, Georgia, and Station WYSF’s licensed site at Birmingham, Alabama, is 220. 3 kilometers whereas a minimum distance of 226 kilometers is required between Class A- C co- channel allotments. SSR advises that if Station WYSF operates as a Class C0 facility, the short- spacing to the proposed use of Channel 233A at Calhoun would be eliminated. 2 See 1998 Biennial Regulatory Review— Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission’s Rules. 1 Federal Communications Commission DA 03- 628 2 3. Section 316( a) of the Communications Act of 1934, as amended, permits the Commission to modify an authorization if such action is in the public interest. Further pursuant to Section 316( a), we are required to notify the affected station of the proposed action, and afford at least 30 days to respond. This procedure is set forth in Section 1.87 of the Commission’s Rules. 3 The reclassification of Station WYSF as a Class C0 station at Birmingham, Alabama, will accommodate SSR request to allot Channel 233A at Calhoun, Georgia, as that community’s local commercial FM transmission service. Therefore, we believe SSR’s proposal has sufficient public interest and justifies the issuance of a show cause order. 4. The license of Citadel Broadcasting Company for Station WYSF, Channel 233C, Birmingham, Alabama, can be modified to Channel 233C0 at its currently authorized transmitter site. 4 5. Pursuant to Section 1.87 of the Commission’s Rules, Citadel Broadcasting Company may, not later than April 28, 2003, file a written statement showing with particularity why its license (File No. BLH- 20000929AEE) should not be modified as proposed in this Order to Show Cause. The Commission may call on Citadel Broadcasting Company to furnish additional information. If Citadel Broadcasting Company raises a substantial and material question of fact, a hearing may be required to resolve such a question pursuant to Section 1.87. Upon review of the statements and/ or additional information furnished, the Commission may grant the modification, or set the matter of modification for hearing. If no written statement is filed by the date referred to above, Citadel Broadcasting Company will be deemed to have consented to the modification as proposed in this Order to Show Cause and a final Order will be issued by the Commission if the channel modification is found to be in the public interest. 6. If Citadel Broadcasting Company chooses to seek authority to modify its facilities, an acceptable application for a construction permit to increase Station WYSF’s antenna height above 450 meters HAAT must be filed with the Commission within 180 days subsequent to the show cause response due date April 28, 2003. Upon the filing of an acceptable construction permit application, the proposal to allot Channel 233A at Calhoun, Georgia, will be dismissed. The present three- year construction period will be applicable should Citadel Broadcasting Company obtain a construction permit for Channel 233C, as specified herein, under this procedure. If the construction is not completed as authorized, Station WYSF is subject to reclassification automatically as a Class C0 station and, in that event, a new petition for rule making to allot Channel 233A at Calhoun, Georgia, may be refiled. 7. In view of the above, IT IS ORDERED, That pursuant to Section 316( a) of the Communications Act of 1934, as amended, Citadel Broadcasting Company, licensee of Station WYSF, Birmingham, Alabama, SHALL SHOW CAUSE why its license should not be modified to specify reclassification as a Class C0 on Channel 233C0 at Birmingham. 8. IT IS FURTHER ORDERED, That the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Order to Show Cause by Certified Mail, Return Receipt Requested, to the following: Citadel Broadcasting Company Marnie K. Sarver, Esq Radio Station WYSF Wiley, Rein & Rielding 7201 W. Lake Mead Blvd. 1776 K Street, N. W. Suite 400 Washington, D. C. 20006 3 See Modification of FM and Television Licenses Pursuant to Section 316 of the Communications Act, 2 FCC Rcd 3327 (1987). 4 Coordinates at the licensed site for Station WYSF at Birmingham are 33- 27- 45 NL and 86- 50- 59 WL, and represent its authorization to operate pursuant to the provisions of Section 73. 215 of the Commission’s Rules. 2 Federal Communications Commission DA 03- 628 3 Las Vegas, NV 89128 9. For further information concerning this proceeding, contact Nancy Joyner, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 3