DA 92-72 Federal Communications Commission Record 7 FCC Red No. 3 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 91-233 
In the Matter of 
Amendment of Section 73.202(b ), 
Table of Allotments. 
FM Broadcast Stations. 
(Armijo, New Mexico) 
REPORT AND ORDER 
(Proceeding Terminated) 
RM-7743 
Adopted: January 21, 1992; Released: January 28, 1992 
By the Assistant Chief, Allocations Branch: 
I. The Commission has before it the Notice of Proposed 
Rule Making, 6 FCC Red 4806 ( 1991 ). proposing the 
substitution of Channel 296C for Channel 296C2 at 
Armijo. New Mexico, and the modification of the license 
of Station KUCU(FM) (formerly KMYI) to specify opera­
tion on the higher class channel. KCST, Inc., licensee of 
Station KUCU(FM). timely filed supporting comments. 1 
No other comments were received. 
2. We believe the public interest would be served by 
allotting Channel 296C at Armijo, New Mexico. because 
it would enable Station KMYI(FM) to provide an ex­
panded coverage area FM service to the community. 
Channel 296C can be allotted to Armijo with a site re­
striction of 47.3 kilometers (29.4 miles) southeast of 
Armijo, at petitioner's specified site. 2 As stated in the 
Notice, the site restriction is necessary to avoid short­
spacings to Stations KBOM(FM). Channel 294Cl. Los 
Alamos. New Mexico. and KHFM(FM). Channel 242C. 
Albuquerque, New Mexico. 
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. with respect to the community 
listed below, to read as follows: 
City 
Armijo. New Mexico 
Channel No. 
296C 
4. IT IS FURTHER ORDERED. That. pursuant to 
Section 316(a) of the Communications Act of 1934. as 
amended. the license of KCST. Inc.. for Station 
1 Commission records show that consummation of the assign­
ment of license of Station KUCU(FM) (BALH-910426EE} from 
Matteucci Broadcasting, Company, Inc. (the party who initiated 
this proceeding}. to KCST. Inc. took place on July 3. 1991. 
856 
KUCU(FM), Channel 296C2, IS MODIFIED to specify 
operation on Channel 296C, subject to the following con­
ditions: 
(a) Within 90 days of the effective date of this 
Order, the licensee shall submit to the Commission 
an 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 Section 
73.1620; and 
(c) Nothing contained herein shall be construed to 
authorize a change in transmitter location or to 
avoid the necessity of of filing an environmental 
impact statement pursuant to Section 1.1301 of the 
Commission's Rules. 
5. Pursuant to Commission Rule Section l.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, KCST. Inc .. li­
censee of Station KUCU(FM), is required to submit a rule 
making fee in addition to the fee required for the applica­
tions to effect the change in community of license and/or 
upgrade. 
6. IT IS FURTHER ORDERED. That this proceeding 
IS TERMINATED. 
7. For further information concerning this proceeding. 
contact Victoria M. McCauley, Mass Media Bureau (202) 
634-6530. 
FEDERAL COMMUNICATIONS COMMISSION 
Michael C. Ruger 
Assistant Chief. Allocations Branch 
Policy and Rules Division 
Mass Media Bureau 
KCST, Inc. properly filed a continuing expression of interest as 
requested in the Notice. See 6 FCC Red 4806 n. I. 
z Coordinates at petitioner's suggested site for Channel 296C 
are 34--H-46 and 106-24- l 7.