*Pages 1--3 from Microsoft Word - 60246.doc* Federal Communications Commission DA 06- 2023 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b) ) MB Docket No. 06- 72 Table of Allotments, ) RM- 11245 FM Broadcast Stations. ) RM- 11340 (Arlington and Boardman, Oregon; Boise, ) Caldwell, Grangeville, Hazelton, Iona, Jerome, ) McCall, Melba, Salmon, and Sun Valley, Idaho; ) Elko and Owyhee, Nevada; Finley, Pasco, and ) Walla Walla, Washington; and West ) Yellowstone, Montana ) ORDER TO SHOW CAUSE Adopted: October 11, 2006 Released: October 13, 2006 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Counterproposal filed by College Creek Broadcasting, Inc. (“ College Creek”), the permittee of Station KPHD( FM), Elko, Nevada, and Station KTPD( FM), Hazelton, Idaho, in response to the Notice of Proposed Rule Making (“ Notice”) in this proceeding. 1 The original Counterproposal included sixteen interrelated proposals, one of which was to change the channel of KGSG( FM), Pasco, Washington, from Channel 229A to Channel 230A, and change the station’s community of license to Finley, Washington. That proposal conflicted with the Notice’s proposal to allot Channel 231C3 to Boardman, Oregon. In its Reply Comments, College Creek amended its Counterproposal to remove the mutual exclusivity between the Boardman, Oregon, proposal and its original Counterproposal by substituting Channel 276C3 (instead of Channel 224C3) for vacant channel 275C3 at McCall, Idaho. This latter revised channel change eliminates the need to change the current channel of Station KGSG( FM) and change that station’s community of license to Finley, Washington, as well as eliminating the need for three related proposals in the Counterproposal. 2. The amended Counterproposal proposes to allot Channel 248C3 to Owyhee, Nevada as that community’s first local aural transmission service. In order to allot Channel 247C3 to Owyhee, Nevada, the Counterproposal proposes that Station KPHD( FM), Elko, Nevada, change its channel from Channel 248C to 249C and its community of license to Melba, Idaho, thus providing Melba with its first local aural transmission service. To accommodate the allotment of Channel 249C to Melba, Idaho, Station KQFC( FM), Boise, Idaho, must change its channel from Channel 250C to 274C. To accommodate the allotment of Channel 274C to Boise, Station KSAS- FM, Caldwell, Idaho, must change its channel from Channel 277C to 278C. 1 Boardman, Oregon, 20 FCC Rcd 13003 (MB 2006). 1 Federal Communications Commission DA 06- 2023 2 3. In order to proceed with our analysis of the Counterproposal and the ultimate resolution of this proceeding, it is first necessary to issue this Order to Show Cause directed to Citicasters Licenses, L. P. (“ Citicasters”) to show cause why its Station KSAS- FM license should not be modified to specify operation on Channel 278C in lieu of Channel 277C at Caldwell, Idaho. Section 316( a) of the Communications Act of 1934, as amended, permits us to modify a license or construction permit if such action is in the public interest. Section 316( a) requires that we notify the affected stations of the proposed action, the public interest reasons for the action, and afford at least 30 days to respond. This procedure is now set forth in Section 1.87 of the Commission’s Rules. 2 In this instance, the substitution of Channel 278C for Channel 277C, Station KSAS- FM, at Caldwell, Idaho will accommodate the substitution of Channel 274C for Channel 250C at Station KQFC( FM) at Boise, Idaho. The latter channel change will accommodate the substitution of Channel 249C for Channel 248C at Station KPHD( FM) at Elko, Nevada, and Station KPHD( FM) ’s change in community from Elko, Nevada, to Melba, Idaho, which will provide Melba with its first local service. The foregoing changes in Station’s KPHD( FM) ’s license will, in turn, enable the allotment of Channel 247C3 to Owyhee, Nevada, as Owyhee’s first local service. We consider this provision of a first local service to Owyhee, Nevada and to Melba, Idaho to have sufficient public interest benefits to justify the issuance of a show cause order. 4. The Station KSAS- FM license at Caldwell, Idaho, can be modified to specify operation on Channel 278C at its currently authorized transmitter site. 3 College Creek has agreed to reimburse Citicasters for the reasonable costs incurred in connection with the change of the Station KSAS- FM channel. 5. Accordingly, IT IS ORDERED, That pursuant to Section 316( a) of the Communications Act of 1934, as amended, Citicasters Licenses, L. P., licensee of Station KSAS- FM, Caldwell, Idaho, SHALL SHOW CAUSE why its license should not be modified to specify operation on Channel 278C in lieu of Channel 277C. 6. Pursuant to Section 1.87 of the Commission’s Rules, Citicasters Licenses, L. P. may, no later than November 27, 2006, file a written statement showing with particularity why its license should not be modified as proposed in this Order to Show Cause. The Commission may call upon the licensee to furnish additional information. If the licensee raises any substantial and material questions of fact, a hearing may be required to resolve such questions of fact pursuant to Section 1.87 of the Rules. Upon review of the statements and/ or additional information furnished, the Commission may grant the modification, deny the modification, or set the matter of modification for hearing. If no written statement is filed by the date referred to above, the licensee will be deemed to have consented to a modification as proposed in this Order to Show Cause and a final Order will be issued if the modification is found to be in the public interest. 2 See Modification of FM and Television Licenses Pursuant to Section 316 of the Communications Act, Order, 2 FCC Rcd 3327 (1987). 3 The reference coordinates for Channel 278C at Caldwell, Idaho, are 43- 45- 18 NL and 116- 05- 52 WL. 2 Federal Communications Commission DA 06- 2023 3 7. IT IS FURTHER ORDERED, that a copy of this Order to Show Cause shall be sent BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the following: Citicasters Licenses, L. P. Dorann Bunkin, Esq. 2625 S. Memorial Drive Wiley Rein & Fielding, L. L. P. Suite A 1776 K Street, N. W. Tulsa, Oklahoma 74129 Washington, D. C. 20006 (Licensee of Station KSAS- FM) (Counsel to Citicasters Licenses, L. P.) 8. For further information concerning this proceeding, contact R. Barthen Gorman, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 3