Federal Communications Commission             DA 07-1350
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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.
(Coal Run, Kentucky and Clinchco, Virginia)
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MB Docket No. 04-319
RM-10984
REPORT AND ORDER
(Proceeding Terminated)
Adopted: March 16, 2007 Released: March 20, 2007
By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it a Notice of Proposed rule Making and Order to 
Show Cause1 issued at the request of East Kentucky Broadcasting Corporation (“East Kentucky”), 
license of Station WPKE-FM, Channel  276A, Coal Run, Kentucky. East Kentucky filed Comments 
and Reply Comments. Dickenson County Broadcasting Corporation (“Dickenson County”), 
licensee of Station WDIC-FM, Channel 221A, Clinchco, Virginia, filed a Response to Notice of 
Proposed Rule Making and Order to Show Cause as well as Reply Comments.  For the reasons 
discussed below, we deny East Kentucky’s proposal.
2.  The Notice proposed the substitution of Channel 221C3 for Channel 276A at Coal 
Run and modification of the Station WPKE-FM license to specify operation on Channel 221C3. 
In order to accommodate this upgrade, the Notice also proposed the substitution of Channel 276A 
for Channel 221A at Clinchco, Virginia, and modification of the Station WDIC-FM license to 
specify operation on Channel 276A.2 To this end, we issued an order to Show Cause directed to 
Dickenson County to show cause why its license should not be modified to accommodate the 
proposed Station WPKE-FM upgrade.
3. In response to the Order to Show Cause, Dickenson County stated that there is a 
major terrain obstruction between Coal Run and the proposed reference site that would preclude 
70dBu service to Coal Run in contravention of Section 73.315 (b) of the rules.3 In its supporting 
engineering exhibit, using a 3 second terrain data base, Dickenson County identified a major
  
1 Coal Run Kentucky, et al., Notice of Proposed Rule Making and Order to Show Cause, 19 FCC Rcd 
15395 (MB 2004) (“Notice”).
2 As stated in the Notice, the proposed Channel 221C3 upgrade at Coal Run is mutually exclusive with its 
Channel 276A authorization because the accommodating substitution at Clinchco is an incompatible 
channel swap in that there are no alternative channels for either community. See Jackson and Salyersville, 
Report and Order, 17 FCC Rcd 4662, 4666 n. 2 (MMB 2002).
3 47 C.F.R. § 73.315 (b).
Federal Communications Commission             DA 07-1350
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obstruction located 10.57 kilometers (6.57 miles) from the proposed reference site.4 Even with the 
proposed tower of 209 meters (686 feet), this mountain peak would preclude the required line-of-
sight clearance from its originally proposed site using a 1,000-foot tower.   In addition, East 
Kentucky has suggested two alternate sites which, according to East Kentucky, would enable a 
Class C3 allotment at Coal Run to comply with Section 73.315(b).
4. We deny the proposed upgrade.   A proposed transmitter site must be available and 
in compliance with Commission technical requirements.5  While we presume that the proposed site 
is technically feasible and available, that presumption is rebuttable.6  Our engineering study 
regarding the originally proposed site (37-23-57 NL and 82-23-42 WL) has confirmed that there is, 
in fact, a major terrain obstruction 10.4 (6.5 miles) from the proposed transmitter site.  Maximum 
Class C3 facilities are an effective radiated power of 25 kilowatts at a height above average terrain 
of 100 meters (328 feet).  In this instance, a tower of approximately 50 meters (160 feet) above 
ground would result in a height above average terrain of 100 meters.  Even assuming FAA 
clearance, it would be necessary to construct a tower of approximately 173 meters (570 feet) above 
ground to achieve a height above average terrain of 224 meters to overcome this terrain obstruction.  
Increasing the height above average terrain requires a reduction in effective radiated power in order 
to ensure that a station is not operating in excess of maximum permissible facilities.  In this 
situation, it would be necessary to reduce effective radiated power to 5.1 kilowatts. This would be in 
contravention of Section 73.211(b)(2)(iv) of the rules which requires that the minimum effective 
radiated power for a Class C3 facility be not less than 6 kilowatts.7
5. The two alternate transmitter sites suggested by East Kentucky are also technically 
defective.  The first alternate site (37-23-24 NL and 82-29-14 WL) is short-spaced to Station WZAQ, 
Channel 222A, Louisa, Kentucky, and Station WWJD, Channel 219C3, Pippa Passes, Kentucky, in 
contravention of Section 73.207 (b) of the rules.8 In addition, using the 3 second terrain database, 
there is a major terrain obstruction located 4.9 kilometers (3.04 miles) from the proposed transmitter 
site. Finally, in regard to the second alternate site (37-23-24 NL and 82-24-04 WL), our engineering 
study has identified multiple terrain obstructions preventing the requisite line-of-site and 70dBu 
coverage of Cole Run.  Using the 30 second terrain database, there is a major terrain obstruction 
located 10.5 kilometers (6.5 miles) from the proposed transmitter site, and using the 3 second terrain 
database, we have identified an additional major terrain obstructions located 12.6 kilometers (7.8 
miles) and 15.57 kilometers (9.7 miles) from the proposed site. In this regard, East Kentucky has 
suggested that these terrain obstructions could be overcome with a “1,000 foot tower.”  As discussed 
earlier with respect to the originally proposed transmitter site, such a tower would require FAA 
clearance and a reduction in effective radiated power to a level below the 6 kilowatt minimum for a 
Class C3 station.
6. Accordingly, IT IS ORDERED, That the petition for rule making filed by East 
Kentucky Broadcasting Corp. IS DENIED.
  
4 The 3 second terrain database provides a more detailed terrain depiction than the 30 second terrain 
database referenced in Section 73.312 (d) of the rules.  Section 73.312 (d) permits the use of the 30 second 
terrain database, or better, in a disputed case.
5  See Mt. Wilson FM Broadcasters v. FCC, 884 F. 2d 1462 (D.C. Cir. 1989)
6  See San Clemente, California, 3 FCC Rcd 6728 (MMB 1988), appeal dismissed sub nom. Mount Wilson      
FM Broadcasters, Inc. v. FCC, supra.
7 47 C.F.R. § 73.211(b) (2) (iv).
8 47 C.F.R. § 73.207 (b).
Federal Communications Commission             DA 07-1350
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7. IT IS FURTHER ORDERED, That this proceeding is TERMINATED.
8. This document is not subject to the Congressional Review Act.  The Commission, 
is, therefore, not required to submit a copy of this Report and Order to Government Accountability 
Office, pursuant to the Congressional Review Act, see 5 U.S.C. Section 801(a)(1)(A) because the 
proposed rule is dismissed.
9.           For additional information concerning this proceeding, contact Robert Hayne, 
Audio Division, Media Bureau (202) 418-2177.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos  
 Assistant Chief
Audio Division
Media Bureau