*Pages 1--3 from Microsoft Word - 42546* Federal Communications Commission DA 04- 3008 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Reclassification of License ) of Station KHBZ- FM, ) RM- 11075 Oklahoma City, Oklahoma ) ORDER TO SHOW CAUSE Adopted: September 22, 2004 Released: September 24, 2004 Comment Date: November 8, 2004 By the Assistant Chief, Audio Division: 1. Before the Audio Division is a Petition for Rule Making filed by Katherine Pyeatt (“ Petitioner”), requesting the allotment of Channel 233A at Cherokee, Oklahoma, as that community’s first local aural transmission service. To accommodate this allotment, Petitioner also requests the reclassification of Station KHBZ- FM, Channel 234C, Oklahoma City, Oklahoma, to specify operation on Channel 234C0. Station KHBZ- FM currently operates on Channel 234C with an effective radiated power (“ ERP”) of 100 kilowatts at 372 meters height above average terrain (“ HAAT”). Station KHBZ- FM is subject to reclassification as a Class C0 facility, since it is operating below the minimum Class C antenna height requirements of at least 451 meters HAAT. 1 2. 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. 2 Further, pursuant to Section 316( a), we are required to notify the affected station of the proposed action, as well as the public interest reasons for the action, and afford at least 30 days to respond. This procedure is set forth in Section 1.87 of the Commission’s rules. 3 In this instance, a Class C0 reclassification of Station KHBZ- FM would accommodate the Petitioner’s request to allot Channel 233A to Cherokee, Oklahoma, as that community’s first local aural transmission service. Therefore, the Petitioner’s request has sufficient public interest benefits and justifies the issuance of an order to show cause. 3. The reclassification of a Class C FM station to a Class C0 station may be initiated through the 1 See 1998 Biennial Regulatory Review— Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission’s Rules, 15 FCC Rcd 21,649 (2000) (“ Second Report and Order”), and 47 C. F. R. §§ 1.420( g), n. 2, and 73.3573, n. 4. 2 47 U. S. C. § 316( a). 3 See Modification of FM and Television Licenses Pursuant to Section 316 of the Communications Act, 2 FCC Rcd 3327 (1987). 1 Federal Communications Commission DA 04- 3008 2 filing of a petition for rule making to amend the FM Table of Allotments. 4 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, of the Commission’s rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. 5 Petitioner has submitted such certification. Therefore, in order to comply with the Commission’s Class C0 reclassification procedures, we must issue this Order to Show Cause directed to Clear Channel Broadcasting Licenses, Inc. (“ Clear Channel”), licensee of Station KHBZ- FM at Oklahoma City, Oklahoma. Clear Channel is required to show cause why its license should not be modified to specify operation on Channel 234C0 in lieu of Channel 234C at Oklahoma City. 5. The license for Station KHBZ- FM (File No. BLH- 20000105AAN) at Oklahoma City, Oklahoma, can be modified to Channel 234C0 at its current authorized transmitter site located at coordinates 35- 35- 52 NL and 97- 29- 22 WL. Pursuant to Section 1.87 of the Commission’s rules, Clear Channel, no later than November 8, 2004, may file a written statement showing with particularity why its respective license (File No. BLH- 20000105AAN) should not be modified as proposed in this Order to Show Cause. The Commission may call on Clear Channel to furnish additional information. If Clear Channel 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 modifications, deny the modifications, or set the matter of modifications for hearing. If no written statement is filed by the date referred to above, Clear Channel 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 Clear Channel chooses to seek authority to modify its facilities, an acceptable application for a construction permit to increase the antenna height to at least 451 meters HAAT for Station KHBZ- FM must be filed with the Commission within 180 days subsequent to the show cause response due date (November 8, 2004). Upon the filing of an acceptable construction permit application, the proposal to allot Channel 233A at Cherokee, will be dismissed. The present three- year construction period will be applicable if a construction permit is obtained by Clear Channel for Channel 234C, as specified herein, under this procedure. If the construction is not completed as authorized, Station KHBZ- FM 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 Cherokee, may be refiled. 7. 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 licensee and its counsel: 4 Second Report and Order, supra, and 47 C. F. R. § 1.420, n. 2. 5 See 47 C. F. R. §§ 73.3573, n. 4 and 1.420( g), n. 2. See also Second Report and Order, 15 FCC Rcd at 21,662, ¶ 26. 2 Federal Communications Commission DA 04- 3008 3 Clear Channel Broadcasting Licenses, Inc. Marissa G. Repp, Esq. 2625 S Memorial Drive, Suite A Counsel, Clear Channel Broadcasting Licenses, Inc. Tulsa, Oklahoma 74129 Hogan & Hartson LLP 555 13 th Street, NW Washington, DC 20004- 1109 8. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 3