DA 95-1583 Federal Communications Commission Record 10 FCC Red No. 16
Before the
Federal Communications Commission 
Washington, D.C. 20554
MM Docket No. 94-122
In the Matter of
Amendment of Section 73.202(b), 
Table of Allotments, 
FM Broadcast Stations. 
(Atlantic and Glenwood, Iowa)
REPORT AND ORDER
(Proceeding Terminated)
RM-8513
Released: July 25,1995Adopted: July 14, 1995;
By the Chief, Allocations Branch:
1. At the request of Valley Broadcasting, Inc. ("peti 
tioner"), the Commission has before it the Notice of Pro 
posed Rule Making, 9 FCC Red 6138 (1994), proposing the 
reallotment of Channel 279C from Atlantic to Glenwood, 
Iowa, and the modification of Station KXKTs license to 
specify Glenwood as its community of license, pursuant to 
Section 1.420(i) of the Commission's Rules. Comments 
were filed by the petitioner stating its intention to apply for 
the channel, if allotted, and by Wireless Communications 
Corp. ("Wireless"). 1 Reply comments were filed by the 
petitioner.2
2. As stated in the Notice, the allotment of Channel 279C 
to Gienwood could provide the community with its first 
local aural transmission service without depriving Atlantic 
of its sole local aural transmission service. However, peti 
tioner was requested to provide a study showing what areas 
and populations would gain and lose reception service. 
Further, because the transmitter site proposed by the peti 
tioner is but 3 kilometers (1.9 miles) from the Omaha 
Urbanized Area, petitioner was also requested to specify 
what portion of the population gain is the result of cov 
erage of the Omaha Urbanized Area.
3. In response, petitioner states that the reallotment of 
Channel 279C would permit Station KXKT to serve an 
additional 63,248 persons, none of whom are encompassed 
within the Omaha Urbanized Area, since the station al 
ready provides all of the Omaha Urbanized Area with a 1 
mV/m signal. While the reallotment would also result in a 
loss of service to 39,851 persons, petitioner states that the 
entire loss area will continue to receive service from at 
least five allocated or authorized aural services.
4. Petitioner argues that the reallotment of Channel 
279C to Glenwood, a community of 4,571 persons, would 
result in a preferential arrangement of allotments. It again 
states that Glenwood, which is located 20 miles from Oma 
ha, is the seat of Mills County, with its own municipal 
government, police and fire departments, post office and 
zip code, schools and businesses. Further, it states that 
Glenwood is not included in the Omaha telephone direc 
tory, pointing out that Glenwood residents and businesses 
can reach Omaha telephone numbers only by placing a 
long distance telephone call. Therefore, it contends that 
Glenwood is a separate community deserving of its first 
local aural transmission service. Atlantic, with a 1990 U.S. 
Census population of 7,432 persons, would continue to 
receive local aural transmission service from AM Station 
KJAN.3
DISCUSSION
5. We believe the public interest would be served by 
reallotting Channel 279C from Atlantic to Glenwood as it 
would result in a preferential arrangement of allotments 
pursuant to the Commission's change of community proce 
dures. See Modification of FM and TV Authorizations to 
Specify a New Community of License, 4 FCC Red 4870 
(1989), recon. granted in part, 5 FCC Red 7094 (1990). 
Under those procedures, we compare the existing arrange 
ment of allotments with the proposed arrangement of allot 
ments using our FM allotment priorities."
6. The allotment of Channel 279C would provide 
Glenwood with its first local aural transmission service, 
thus triggering priority three while Atlantic already has a 
local aural transmission service, thus falling under priority 
four. Further, a staff engineering review of the proposal 
shows that the allotment of Channel 279C to Glenwpod 
would enable Station KXKT to provide service to an addi 
tional 56,169 people. While the reallotment would also 
cause a loss of service to 40,836 people, we note that, with 
the exception of 1,636 people, all of the loss area will 
continue to receive service from at least five full-time aural 
stations. Further, the 1,636 persons who will not receive 
five full-time services will receive four such services. We 
have also confirmed that Station KXKT presently serves all 
of the Omaha Urbanized Area with a 60 dBu signal and 
90% of the Urbanized Area receives a 70 dBu signal. We 
recognize that reallotting Channel 279C to Glenwood
1 Wireless' comments also included a "counterproposal" re 
questing the allotment of Channel 239C3 to Atlantic. Because 
there is no technical conflict between the allotment of Channel 
239C3 to Atlantic and the allotment of Channel 279C to 
Glenwood, this is not an acceptable counterproposal. However, 
we have confirmed that Channel 239C3 can be allotted to Atlan 
tic in compliance with the Commission's minimum distance 
separation requirements. Therefore, the proposed allotment of 
Channel 239C3 will be the subject of a separate Notice of 
Proposed Rule Making.
2 After the record closed, Stephen O. Meredith ("Meredith"), 
permittee of Station KSOM(FM), Audubon, Iowa, filed a Motion 
to Strike and Return as Unacceptable Comments and Counter 
proposal filed by Wireless to which Wireless responded. We will
not accept Meredith's pleading. The Commission's Rules do not 
contemplate the filing of pleadings beyond the comment and 
reply comment periods specified in the Notice of Proposed Rule 
Making and Meredith has provided no justification for his late 
filing. (We note that Meredith has also provided no information 
of decisional significance.)
3 The Notice erroneously described Station KJAN as a full- 
time station. Rather, it is considered to be a daytime-only 
station since its nighttime power is less than 250 watts.
4 The allotment priorities are: (1) first full-time aural service: 
(2) second full-time aural service; (3) first local service; and (4) 
other public interest matters. Co-equal weight is given to 
priorities (2) and (3). See Revision of FM Assignment Policies 
and Procedures, 90 FCC 2d 88 (1982).
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10 FCC Red No. 16 Federal Communications Commission Record DA 95-1583
would result in the removal of Atlantic's sole local night- 
time service. However, while we are concerned about the 
loss of the community's nighttime aural service, this con 
cern is eased by the fact that Atlantic will continue to 
receive nighttime service from at least five stations, AM 
Station KJAN does provide some nighttime service and 
Station KJAN has petitioned to have Channel 239C3 allot 
ted to Atlantic (RM-8573). As proposed, we will also modi 
fy Station KXKT's license to specify Glenwood as its 
community of license.
rule making fee in addition to the fee required for the 
applications to effect the change in community of license 
and/or upgrade.
11. IT IS FURTHER ORDERED, That this proceeding 
IS TERMINATED.
12. For further information concerning this proceeding, 
contact Leslie K. Shapiro, Mass Media Bureau, (202) 
418-2180.
FEDERAL COMMUNICATIONS COMMISSION
TECHNICAL SUMMARY
7. Channel 279C can be allotted to Glenwood in compli 
ance with the Commission's minimum distance separation 
requirements with a site restriction of 24.6 kilometers (15.3 
miles) north to accommodate petitioner's desired transmit 
ter site.5
8. 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 September 8, 1995, the FM 
Table of Allotments, Section 73.202(b) of the Commission's 
Rules, IS AMENDED, with respect to the communities 
listed below, to read as follows:
John A Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
City
Atlantic, Iowa 
Glenwood, Iowa
Channel No.
279C
9. IT IS FURTHER ORDERED, pursuant to Section 
316(a) of the Communications Act of 1934, as amended, 
that the license of Valley Broadcasting. Inc.. for Station 
KXKT, Channel 279C, IS MODIFIED to specify 
Glenwood, Iowa, in lieu of Atlantic. Iowa, as its commu 
nity of license, subject to the following conditions:
(a) Within 90 days of the effective date of this Order, 
the licensee shall submit to the Commission a minor 
change application for a construction permit (Form 
301).
(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 assessment 
pursuant to Section 1.1307 of the Commission's 
Rules.
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, Valley Broadcast 
ing, Inc., licensee of Station KXKT, is required to submit a
5 The coordinates for Channel 279C at Glenwood are 41-15-49 North Latitude and 95-46-21 West Longitude.
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