10 FCC Red No. 17 Federal Communications Commission Record DA 95-1727
Before the
Federal Communications Commission 
Washington, D.C. 20554
MM Docket No. 95-63
In the Matter of
Amendment of Section 73.202(b), 
Table of Allotments, 
FM Broadcast Stations 
(Rushville, Illinois)
REPORT AND ORDER
(Proceeding Terminated)
RM-8617
Adopted: August 4,1995; Released: August 14,1995
By the Chief, Allocations Branch:
1. Pursuant to the request of Larry K. and Cathy M. 
Price ("petitioners"), licensees of Station WKXQ(FM), Channel 244A, Rushville, Illinois, the Commission has 
before it for consideration the Notice of Proposed Rule 
Making, 10 FCC Red 5409 (1995), proposing the substitu tion of Channel 223A for Channel 244A at Rushville, and 
the modification of Station WKXQ(FM)'s license accord 
ingly. Petitioners filed comments in support of the pro posal reaffirming 
their intention to apply for the channel, 
if allotted. No other comments were received.1
2. In support of their proposal, petitioners state that the channel substitution 
will reduce co-channel interference 
and terrain shielding. Petitioners also note that Station WKXQ(FM) is short-spaced 
by 7.7 kilometers to Station WCVS(FM), Channel 244A, Virden, Illinois. This 
situation 
is due to the revision of the spacing table created in MM 
Docket No. 88-375, which increased the minimum co- 
channel Class A spacing from 105 to 115 kilometers. See Second Report and 
Order, MM Docket No. 88-375, Amend 
ment of Pan 73 of the Rules to provide for an additional FM station class (Class 
C3) and to increase the maximum trans mitting power for Class A FM stations, 
4 FCC Red 6375 
(1989). Although, Stations WKXQ(FM) and WCVS(FM) 
have entered into an agreement in which each station has agreed to allow the 
other to increase power to 6 kilowatts, 
pursuant to the provisions of 47 CFR, Sec. 73.213(c)(2), the instant proposal 
would eliminate the co-channel inter ference and the short-spacing between 
the stations. In addi 
tion, it will also reduce terrain shielding to Station WKXQ(FM).
3. We believe the public interest would be served by substituting Channel 
223A for Channel 244A at Rushville, 
since it would enable Station WKXQ(FM) to provide im 
proved FM service to the community. An engineering ana 
lysis has determined that Channel 223A can be allotted to 
Rushville in compliance with the Commission's minimum 
distance separation requirements at petitioner's licensed 
site with a site restriction of 8.3 kilometers (5.1 miles) 
northwest of the community.2
4. Accordingly, pursuant to the authority contained in 
Sections (4i), 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 28, 1995, 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:
City
Rushville, Illinois
Channel No. 
223A
5. IT IS FURTHER ORDERED, That pursuant to Sec 
tion 316(a) of the Communications Act of 1934, as amend 
ed, the license of Station WKXQ(FM), Rushville, Illinois, IS MODIFIED, to specify operation on Channel 223A in 
lieu of Channel 244A, subject to the following conditions:
(a) Nothing contained herein shall be construed as 
authorizing any change in Station WKXQ(FM)'s li 
cense, BLH-850528KJ except the channel as specified 
above. Any other changes, except for those so speci- 
. fied under Section 73.1690 of the Rules require prior 
authorization pursuant to an application for con struction 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 the 
license BLH-850528KJ, except for 
the channel as specified above and a license applica 
tion (FCC Form 302) is filed within 10 days of 
commencement of program tests.
6. IT IS FURTHER ORDERED, That this proceeding IS 
TERMINATED.
7. For further information concerning this proceeding, contact Nancy J. 
Walls, Mass Media Bureau, (202) 418-2180.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
1 As stated in the 'Notice, petitioner's request although signed, failed to include an affidavit verifying 
statements contained in its 
petition, as required by Section 1.52 of the Commission's Rules. Petitioner was requested to correct 
the deficiency in its
responsive comments, and has complied accordingly.2 The coordinates for Channel 223A 
at Rushville are NorthLatitude 40-08-20 and West Longitude 90-39-26.
8695