7 FCC Red No. 3 Federal Communications Commission Record DA 92-70 Before the Federal Communications Commission Washington, D.C. 20554 MM Docket No. 91-317 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Marshall, Minnesota) REPORT AND ORDER (Proceeding Terminated) RM-7854 Adopted: January 15, 1992; Released: January 28, 1992 By the Assistant Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making, 6 FCC Red 6513 ( 1991 ), proposing the substitution of Channel 298C3 for Channel 296A at Marshall, Minnesota. and modification of the license for Station KBJJ(FM) to specify operation on the higher class channel. The Notice was issued in response to a petition filed by Paradis Broadcasting of Marshall. Inc. ("petitioner"). Petitioner filed comments reiterating its interest in Channel 298C3 at Marshall. No other com­ ments were received. 2. We believe the public interest would be served by substituting Channel 298C3 for Channel 296A at Mar­ shall. Minnesota, in order to provide the community with a second wide coverage area station. As indicated in the Notice, Channel 298C3 can be allotted to Marshall, Min­ nesota, consistent with the Commission ·s spacing require­ ments at petitioner's specified site 7.2 kilometers ( 4.5 miles) southwest of tlie community. 1 Although Channel 298C3 at Marshall is short spaced to the applications for Channel 297A, Sleepy Eye. Minnesota. it is fully spaced to the allotment site at Sleepy Eye. The applicants for Channel 297A, Sleeply Eye, will be permitted to amend their applications to specify new sites and will retain cut-off protection.2 We will authorize a modification of petitioner's license for Station KBJJ(FM), Marshall. Min­ nesota. to specify operation on Channel 298C3 in accor­ dance with Section 1.420(g) of the Commission's Rules. 3. 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 13, 1992, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, to read as follows: The coordinates for Channel 298C3 are 44-24-37 and 95-51-43. 2 Brown County Broadcasting, Inc. (BPH-91 l003MC) and Lynn 853 Community Marshall. Minnesota Channel No. 259Cl, 298C3 4. IT IS FURTHER ORDERED, pursuant to the au­ thority contained in Section 316 of the Communications Act of 1934, as amended, that the license of Station KBJJ(FM), Marshall, Minnesota, IS MODIFIED to speci­ fy operation on Channel 298C3. subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee 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. 5. Pursuant to Commission Rule Section 1.1104(1)(kl 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, Paradis Broadcast­ ing of Marshall, Inc., licensee of Station KBJJ(FM). is required to submit a rule making fee in addition to the fee required for the applications to effect the upgrade. 6. 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 applicants for Channel 297A at Sleepy Eye. Minnesota. Brown County Broadcasting. Inc. P.O. Box 368 New Ulm. Minnesota 56073 (BPH-911003MC) Lynn Ketelsen 1440 Grace Avenue Willmar. Minnesota 56201 (BPH-lJ l 1003MD) 7. IT IS FURTHER ORDERED. That this proceeding IS TERMINATED. 8. 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 Ketelsen (BPH-911003MD) will be served with a copy of this Report and Order.