*Pages 1--4 from Microsoft Word - 45898.doc* Federal Communications Commission DA 05- 299 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. (Walla Walla and Burbank, Washington) In re Application of New Northwest Broadcasters, LLC Station KUJ- FM, Walla Walla, Washington For Construction Permit to Modify Licensed Facilities (One- Step Upgrade) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 02- 63 RM- 10398 File No. BPH- 20041008ACV REPORT AND ORDER (Proceeding Terminated) Adopted: February 2, 2005 Released: February 4, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it the Notice of Proposed Rule Making 1 issued at the request of Alexandra Communications 2 (“ Petitioner”), licensee of Station KUJ- FM, Channel 256C1, Walla Walla, Washington, proposing the reallotment of Channel 256C1 from Walla Walla to Burbank, Washington, and the modification of Station KUJ- FM’s license accordingly. On August 27, 2004, Station KUJ- FM was downgraded by application from Channel 256C1 to Channel 256C2 (File No. BLH- 20000214ABB). 3 On October 8, 2004, New Northwest Broadcasters, LLC, the current licensee of Station KUJ- FM, filed a one-step upgrade application (File No. BPH- 20041008ACV) specifying Channel 256C1 at Walla Walla, Washington. Petitioner filed comments in support of the proposal reaffirming its intention to apply for the channel, if reallotted to Burbank. No other comments were received in this proceeding. In the interest of time and resources, we will consolidate the two requests, granting the reallotment and change of community proposal and dismissing the upgrade requested at Walla Walla as moot. 2. The proposal is filed pursuant to Section 1.420( i) of the Commission's Rules which permits the modification of a station’s authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. See Modification of FM and TV Authorizations to Specify a New Community of License. 4 In support of its proposal, petitioner states that the reallotment of Channel 256C1 to Burbank would result in a preferential arrangement of allotments pursuant 1 Walla Walla and Burbank, Washington, 17 FCC Rcd 5342 (MMB 2002). 2 On June 22, 2004, the license of Station KUJ- FM was assigned from Alexandra Communications to New Northwest Broadcasters, LLC (see File No. BALH- 20040409AAT) and consummated on August 31, 2004. 3 See 19 FCC Rcd 17790 (2004). 4 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). 1 Federal Communications Commission DA 05- 299 2 to the FM allotment priorities set forth in the Revision of FM Assignment Policies and Procedure because it would provide a first local aural transmission service. 5 Petitioner further states that Burbank is a Census Designated Place with a 2000 U. S. Census population of 3,303 persons. Burbank has its own independent school district (Columbia Burbank School System), providing education to students in Grade K- 12, and is administered by a locally elected school board. Burbank also has its own Fire District (Fire District No. 5), post office, zip code and telephone exchange. It is the home to local shops, stores, and restaurants. The residents of Burbank and surrounding areas would benefit by having a first local service and the programming of local news, entertainment, weather and other information. 3. The Commission has expressed its concern with the potential migration of stations from rural to urban areas, and we recognize that Burbank is located within the Richland- Kennewick- Pasco, Washington Urbanized Area. However, we note that Station KUJ- FM’s transmitter site is located outside that Urbanized Area and its 70 dBu signal currently covers approximately 61% of the Richland- Kennewick Pasco, Washington Urbanized Area. Therefore, since Station KUJ- FM does not seek to change its transmitter site, no gain and loss area study or Tuck analysis are necessary. 6 Moreover, Station KUJ- FM will continue to provide Walla Walla with city grade coverage. Walla Walla is already well- served with more than five reception services. 4. In determining whether to approve a change of community, we compare the existing versus the proposed arrangement of allotments using the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures, supra. Both the reallotment of Channel 256C1 to Burbank or the retention of the channel at Walla Walla triggers priority (4), other public interest matters. However, the retention of Channel 256C1 at Walla Walla (population 29,686) would provide the community with ten local aural transmission services, whereas the reallotment of the Channel 256C1 would provide Burbank with its second local aural transmission service. 7 5. We believe the public interest would be served by reallotting Channel 256C1 to Burbank, Washington, because it would provide the community with its second local aural transmission service, without depriving Walla Walla of its sole local service. 8 An engineering analysis has determined that Channel 256C1 can reallotted to Burbank in compliance with the Commission’s minimum distance separation requirements at the petitioner’s authorized licensed site. 9 As requested, we will modify Station KUJ- FM’s license to specify operation on Channel 256C1 at Burbank, Washington, as its new community of license. Since we are reallotting Station KUJ- FM to Burbank on Channel 256C1, we will dismiss its one- step upgrade application at Walla Walla. 6. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U. S. C. 801( a)( 1)( A). 5 90 FCC 2d 88, 91 (1982). The FM allotment priorities are: First full- time aural service; (2) Second full- time aura aural service; (3) First local service; and (4) Other public interest matters. [Co- equal weight is given to priorities (2) and (3).] 6 See Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995); Huntington Broadcasting Co. v. FCC, 192 F. 2d 33 (D. C. Cir. 1951); RKO General, Inc., 5 FCC Rcd 3222 (1990); and Faye and Richard Tuck, 3 FCC Rcd 5374 (1988). 7 On October 8, 2003, a construction permit (File No. BNP- 20010315AAO) was issued to Pamplin Broadcasting (now assigned to Alexandra Communications) for an AM station (1560 kHz) at Burbank, Washington. As a result, the petitioner’s proposal is no longer a first local aural service under priority (3). 8 Stations KGDC( AM), KUJ( AM), KTEL( AM), KWWS( FM), KWCW( FM), KRKL( FM), KNLT( FM), KXRX( FM) and KHSS( FM) would remain licensed to the community. 9 The coordinates for Channel 256C1 at Burbank are 45- 57- 22 North Latitude and 118- 41- 11 West Longitude. 2 Federal Communications Commission DA 05- 299 3 7. Accordingly, pursuant to the authority found in 47 U. S. C. Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b) and 47 C. F. R. Sections 0.61, 0.204( b) and 0.283, IT IS ORDERED, That effective March 21, 2005, the FM Table of Allotments, 47 C. F. R. Section 73. 202( b), IS AMENDED, with respect to the communities listed below, to read as follows: Community Channel No. Walla Walla, Washington 227C1, 239C, 246C0, 10 264C3, 265A 11 Burbank, Washington 256C1 8. IT IS FURTHER ORDERED, That pursuant to 47 U. S. C. Section 316( a), that the authorization for Station KUJ- FM at Walla Walla, Washington, IS MODIFIED to specify operation on Channel 256C1 at Burbank, Washington, subject to the following conditions: (a) Within 90 days of the effective date of the Order, the licensee of Station KUJ- FM 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 47 C. F. R. 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 C. F. R. Section 1. 1307, unless the proposed facilities are categorically excluded from environmental processing. 9. Pursuant to 47 C. F. R. Sections 1.1104( 1)( k) and (2)( k), any party seeking a change of 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 rulemaking fee when filing its application to implement the change in community of license and/ or upgrade. As a result of this proceeding, New Northwest Broadcasters, LLC, the licensee of Station KUJ- FM, is required to submit rulemaking fees in addition to the fees required for the application to effect the change in community of license. 10 We note that Channel 246C at Walla Walla was downgraded by application (File No. BPH- 20030219ADQ) to Channel 246C0 on March 31, 2003. A license (File No. BLH- 20030908ACK) was granted on October 2, 2003. Accordingly, the FM Table of Allotments should be amended to reflect Channel 246C0 in lieu of Channel 246C at Walla Walla, Washington. This action constitutes an editorial change in the FM Table of Allotments. Therefore, we find for good cause that a public notice and comment proceeding is unnecessary. See 5 U. S. C. Section 553( b)( A) and (B). 11 We note that Channel 265A is erroneously listed in the FM Table of Allotments. Pursuant to a Report and Order in MM Docket No. 87- 90, Channel 265A was modified to Channel 264C2 at Walla Walla, Washington. See 2 FCC Rcd 6280 (1987). Subsequently, pursuant to a one- step application, Channel 264C2 was downgraded to Channel 264C3 at Walla Walla. See 7 FCC Rcd 6217 (1992). Accordingly, the FM Table of Allotments should be amended to reflect that Channel 265A has been removed. This action constitutes an editorial change in the FM Table of Allotments. Therefore, we find for good cause that a public notice and comment proceeding is unnecessary. See 5 U. S. C. Section 553( b)( A) and (B). 3 Federal Communications Commission DA 05- 299 4 10. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified Mail Return Receipt Requested, a copy of this Report and Order to the following: New Northwest Broadcasters, LLC 15405 S. E. 37 th Street, Suite 130 Bellevue, Washington 98006 11. IT IS FURTHER ORDERED That the application (File No. BPH- 20041008ACV) filed by New Northwest Broadcasters, LLC, requesting a one- step upgrade from Channel 256C2 to Channel 256C1 at Walla Walla, Washington, IS DISMISSED, as moot. 12. IT IS FURTHER ORDERED, That the aforementioned proceeding IS TERMINATED. 13. For information concerning this proceeding, contact Sharon P. McDonald, Media Bureau 202- 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 4