DA 92-118 Federal Communications Commission Record 7 FCC Red No. 3 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 91-229 
In the Matter of 
Amendment of Section 73.202(b). 
Table of Allotments, RM-7761 
FM Broadcast Stations. 
(Potosi and Waynesville, 
Missouri) 
REPORT AND ORDER 
(Proceeding Terminated) 
Adopted: January 29, 1992; Released: February 7, 1992 
By the Assistant Chief. Allocations Branch: 
1. The Commission has before it for consideration the 
No1ice of Proposed Rule :waking and Order 10 Show Cause, 
6 FCC Red 4752 (1991), proposing the substitution of 
Channel 249C3 for Channel 249A at Potosi. Missouri. 
The No1ice was issued in response to a petition filed by 
Prime Time Radio ("petitioner"). Petitioner also requested 
modification of its construction permit (BPH-891222MF) 
for Station KWVB to specify operation on the higher class 
channel. Petitioner filed comments restating its interest in 
the allotment of Channel 249C3. B-D. Inc .. filed com­
ments in response to the Order 10 Show Cause. 
2. As stated in the No1ice, Channel 249C3 can be allot­
ted to Potosi in compliance with the Commission's 
spacing requirements provided Channel 249A at 
Waynesville. Missouri. is deleted. B-D. Inc., is the licensee 
of Station KFBD-FM. Channel 249A. Waynesville. Peti­
tioner proposed the substitution of Channel 250A for 
Channel 249A at Waynesville, which can be used at the 
current site of Station KFBD-FM. 
3. B-D. Inc .. states that it has no objection to the 
proposed frequency change provided the petitioner reim­
burse B-D. Inc.. for its costs in connection with the 
substitution at Waynesville. B-D. Inc .. further states that it 
has obtained the agreement of Prime Time Radio to such 
reimbursement and notes that the proposed frequency 
change appears to be in the public interest. 
4. After careful consideration of the proposal. we con­
clude that the public interest would be served by the 
channel substitution at Potosi, Missouri. as a wide cov­
erage area FM service. In order to accomplish the sub­
stitution at Potosi. Channel 250A must be substituted for 
Channel 249A at Waynesville. Missouri. Both substitu­
tions can be made in compliance with the Commission's 
minimum distance spacing requirements. 1 In accordance 
with Section l.420(g) of the Commission ·s Rules, we are 
1 The coordinates for Channel 24CJC3 at Potosi are 37-52-51 and 
90-47-0 l. The coordinates for Channel 250A at Waynesville are 
37-49-42 and 92-10-27. 
1036 
herein modifying the construction permit for Station 
KWVB at Potosi. Missouri, to specify operation on Chan­
nel 249C3. We shall also modify the license for Station 
KFBD-FM, Waynesville, Missouri. to specify operation on 
Channel 250A in lieu of Channel 249A in accordance 
with the Commission's Rules. 
5. Commission policy requires that Station KFBD-FM 
be reimbursed for the reasonable cost of changing fre­
quencies from one class A channel to another. Prime 
Time Radio has acknowledged its responsibility to reim­
burse Station KFBD-FM, Waynesville, for the reasonable 
costs in changing frequency. 
6. Accordingly. pursuant to the authority contained in 
Sections 4(i), 5(c)(l). 303(g) and (r) and 307(b) of the 
Communications Act of 1934. as amended, and Sections 
0.61, 0.204(b) and 0.283 of the Commission's Rules. IT IS 
ORDERED, That effective March 23, 1992, the FM Table 
of Allotments. Section 73.202(b) of the Commission ·s 
Rules, IS AMENDED for the communities listed below, 
to read as follows: 
Community 
Potosi. Missouri 
Waynesville, 
Missouri 
Channel No. 
249C3 
250A. 272A 
7. IT IS FURTHER ORDERED. pursuant to the au­
thority contained in Section 316 of the Communications 
Act of 1934, as amended. that the construction permit for 
Station KWVB, Potosi, Missouri, IS MODIFIED to speci­
fy operation on Channel 249C3 in lieu of Channel 249A. 
subject to the following conditions: 
(al Within 90 days of the effective date of this 
Order, the permittee shall file with the Commission 
a minor change application for construction permit 
(Form 301), specifying the new facility. 
(b) Upon grant of the construction permit. program 
tests may be conducted in accordance with Section 
73.1620. 
(c) Nothing contained herein shall be construed to 
authorize a change in transmitter location or to 
avoid the necessity of filing an environmental im­
pact statement pursuant to Section 1.1301 of the 
Commission ·s Rules. 
8. IT IS FURTHER ORDERED. That pursuant to the 
authority contained in Section 316(a) of the Communica­
tions Act of 1934, as amended. that the license of Station 
KFBD-FM. Waynesville, Missouri. IS MODIFIED. to 
specify operation on Channel 250A in lieu of Channel 
249A, subject to the following conditions: 
(a) Nothing contained herein shall be construed as 
authorizing any change in License BLH-780828AK 
except for the channel as specified above. Any 
7 FCC Red No. 3 Federal Communications Commission Record 
changes, except those specified require prior au­
thorization pursuant to an application for construc­
tion permit (FCC Form 301). 
(b) Program tests may be conducted in accordance 
with the provisions of Section 73.1620 of the Rules, 
PROVIDED the transmission facilities comply in all 
respects with License BLH-780828AK, except for 
the channel as specified above, and a license ap­
plication (Form 302) is filed within 10 days of 
commencement of program tests. 
9. IT IS FURTHER ORDERED. That the Secretary of 
the Commission, Shall Send by Certified Mail, Return 
Receipt Requested, a copy of this Order to the following: 
B-D, Inc. 
Station KFBD-FM 
Box 58 
Linn Creek, Missouri 65052 
10. Pursuant to Commission Rule Section 1.1104(l)(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 rule making fee when filing its application to 
implement the change in community of license and/or 
upgrade. As a result of this proceeding. Prime Time Ra­
dio. permittee of Station KWVB, is required to submit a 
rule making fee in addition to the fee required for the 
applications to effect the upgrade. 
11. IT IS FURTHER ORDERED, That this proceeding 
IS TERMINATED. 
12. For further information concerning this proceeding, 
contact Kathleen Scheuerle. Mass Media Bureau. (202) 
634-6530. 
FEDERAL COMMUNICATIONS COMMISSION 
Michael C. Ruger 
Assistant Chief. Allocations Branch 
Policy and Rules Division 
Mass Media Bureau 
1037 
DA 92-118