Federal Communications Commission DA 97-139
Before the
Federal Communications Commission 
Washington, D.C 20554
In the Matter of )
)Amendment of Section 73.202(b), ) MM Docket No. 95-127 
Table of Allotments, ) RM-8676 
FM Broadcast Stations. ) RM-8726 
(Avra Valley, Comobabi, Florence, Oracle, ) 
Qro Valley, and San Carlos, Arizona)1 )
FIRST REPORT AND ORDER
Adopted: January 21, 1997 Released: January 24, 1997 
By the Chie£ Allocations Branch:
1. The Commission considers herein the Notice of Proposed Ride Making, 10 FCC Red 
8247 (1995), issued in response to a petition filed on behalf of Rita Bonilla ("petitioner") 
proposing the allotment of Channel 277A to Oro Valley, Arizona, as that community's second 
local FM service. Petitioner and John M. Singer ("Singer") each filed supporting comments in 
response to the Notice. Additionally, a counterproposal was filed on behalf of Desert West Air 
Ranchers Corporation ("Desert West"),2 permittee of Station KCDX(FM), San Carlos, Arizona,3 
as well as the licensee of Station KLQB(FM), Oracle, Arizona.4 Petitioner filed a motion for 
extension of time to file reply comments.5 Reply comments were filed on behalf of Desert West.
'The communities of Avra Valley, Comobabi, Florence, Oracle and San Carlos have been added to the caption, 
^blic Notice of the counterproposal was given on November 9,1995 (Report No. 2112).
3Although Desert West was issued a construction permit for Station KCDX(FM) to operate on Channel 279A 
at San Carlos (File No. BPH-910516ML), it was subsequently modified to specify operation on Channel 276C2 in 
the context of MM Docket No. 93-69. See 10 FCC Red 7581 (1995).
4Although Station KLQB(FM) is licensed on Channel 276A it was modified to specify operation on Channel 
279A in MM Docket No. 93-69. See 10 FCC Red 7581 (1995).
petitioner's request for an extension of time to file reply comments to the Notice was premised upon its stated 
need for additional time to respond to the counterproposal filed by Desert West. However, in accordance with 
Section 1.46(a) of the Commission's Rules, the Commission does not routinely grant requests for extension of time. 
Moreover, Section 1.46(b) requires that motions for extension of time be filed at least seven (7) days prior to the 
comment filing deadline, and limits consideration of late-filed motions for extension of time to emergency situations. 
Movanfs request did not comply with the requirements of Section 1.46(a) and made no statement that an emergency 
existed in this case. Therefore, petitioner's request was not entertained. In any event, as the comment deadline for 
responding to Desert West1 s counterproposal expired well beyond the date established for reply comments to the 
Notice, petitioner was afforded ample time to formulate a proper response if it chose to do so.
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No other comments were received.
2. In response to the Notice, Desert Wesfs counterproposal set forth the following two 
options, as follows:
OPTION I 
Channel No. 
Community Present Proposed
Florence, Arizona   276C1
Qro Valley, Arizona 248A 248A, 270A
Oracle, Arizona 279A 292A
San Carlos, Arizona 276C2
Comobabi, Arizona *276A - or *275A
OPTION n
Avra Valley, Arizona   275A
Oro Valley, Arizona 248A 248A, 270A
Oracle, Arizona 279A, 277C3
Desert West advises that Option I would change the community of license for its Station 
KCDX(FM) from San Carlos to the incorporated community of Florence, Arizona. To 
accommodate the Florence, Arizona, proposal, Desert West also requests the substitution of 
Channel 292A for Channel 279A at Oracle, Arizona, and modification of the license of its co- 
owned Station KLQB(FM), at its existing site at that community.6, The Florence proposal also 
requires either the deletion of vacant noncommercial Channel *276A at Comobabi, Arizona, or 
its replacement with Channel *275A,7 Petitioner acknowledges that requested Channel 276C1 
at Florence is short spaced to vacant Channel 276B at Cananea, Sonora, Mexico. However, in 
accordance with the terms of the 1992 U.S./Mexico FM Broadcasting Agreement, Desert West 
remarks that such short spaced proposals are entertained as specially negotiated allotments, 
provided contour protection is afforded towards the affected facility or allotment. In this 
instance, Desert West states that if Option I is adopted, Station KCDX(FM) at Florence would 
have restricted facilities towards the vacant Mexican allotment at Cananea Additionally, as the 
requested allotment of Channel 276C1 at Florence conflicts with the petitioner's request to
distance between Florence and Channel 279A at Oracle at coordinates 32-37-07 and 110-47-20 is 48.8 
kilometers (30 miles) whereas a distance of 75 kilometers (47 miles) is required between Class A and Cl third 
adjacent channel allotments.
7The distance between Florence and vacant Channel 276A at Comobabi at coordinates 32-03-24 and 111-48-06 
is 146.6 kilometers whereas a distance of 200 kilometers (124 miles) is required between Class A and Cl co-channel 
allotments.
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Federal Communications Commission DA 97-139
provide a second local FM service at Oro Valley on Channel 277A,8 Desert West offers the 
alternate allotment of Channel 270A to Oro Valley in an effort to accommodate the petitioner's 
request to provide a second local FM service to the latter community.
3. Desert West's counterproposal Option I seeks to invoke the provisions of Section 
1.420(g) and (i) of the Commission's Rules, which permits the modification of a station 
authorization to specify a higher class channel and/or a new community of license without 
affording other interested parties an opportunity to file competing expressions of interest. See 
Modification ofFMand TVAuthorizations to Specify a New Community of License, ('Change 
of Community R&O<\ 4 FCC Red 4870 (1989), recon granted in part, ('Change in Community 
of License MO&CT), 5 FCC Red 7094 (1990). In support of Option I, Desert West advises that 
the reallotment to the incorporated community of Florence is mutually exclusive with its existing 
authorization at San Carlos. The distance between San Carlos and the Desert West's specified 
site at Florence is 36.7 kilometers (23 miles) whereas a distance of 224 kilometers (139 miles) 
is required in this instance.9 In further support of its proposal Desert West states that adoption 
of Option I is in the public interest and would result in a preferential arrangement of allotments 
consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992),10 
as the reallotment from San Carlos (population 2,918)11 to Florence (population 7,510) would 
provide the latter community with its first local aural transmission service and would enable it 
to upgrade the facilities of Station KCDX(FM) to Channel 276C1. In support of Option I, Desert 
West advises that Florence is a county seat, and is not associated with any Urbanized Area. 
Desert West also states that the proposed city grade contour (70 dBu) of Station KCDX(FM) 
at Florence will not reach any Urbanized Area, citing Headland Alabama and Chattahoochee. 
Florida. 10 FCC Red 10352 (1995).
4. Further, Desert West states that although Option I contemplates the removal of the sole 
local potential service at San Carlos, no loss of existing service will result from its proposal as 
Station KCDX(FM) has never been operative, citing Sanibel and San Carlos Park, Florida, 10 
FCC Red 7215 (1995); Pawley's Island and Atlantic Beach, South Carolina, 8 FCC Red 8657 
(1993); and Glencoe andLeSueur, Minnesota, 1 FCC Red 7651 (1992). Desert West reports that 
San Carlos will continue to receive reception services from a minimum of twelve (12) AM 
stations, and three FM stations, including KCDX(FM). Moreover, Desert West asserts that the 
reallotment and upgrade will enable Station KCDX(FM) to increase the degree of coverage within
8The distance between Florence and Oro Valley is 72.3 kilometers (45 miles) whereas a distance of 133 
kilometers (82 miles) is required between Class A and Cl first adjacent channel allotments.
'Coordinates specified by Desert West for a transmitter site at Florence are 33-03-30 and 110-47-00. Coordinates 
at the authorized site of Station KCDX(FM) at San Carlos are 33-23-13 and 110-44-25.
10The 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).)
"Population figures reported herein were taken from the 1990 U.S. Census unless noted otherwise.
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Federal Communications Commission DA 97-139
its 1 mV/m contour from its present theoretical level of 24,775 persons to a population of 
101,535. Finally, Desert West states that if Option I is adopted, it will promptly file applications 
for the contemplated facilities, and will proceed to prompt construction thereof upon Commission 
approval of its applications.
5. As to the requested deletion of Channel *276A at Comobabi to accommodate the 
proposal for Channel 276C1 at Florence, Desert West reports that the channel has remained 
fallow since its allotment to Comobabi over 10 (ten) years ago. Therefore, Desert West urges 
that not only would the deletion be justified, but it is Questionable whether any party could 
establish community status for Comobabi since it is not listed in the U.S. Census. Nevertheless, 
in the event the Commission wishes to retain the noncommercial allotment, petitioner asserts that 
Channel *275A could be substituted for Channel *276A at Comobabi.
6. Desert West urges that in the event the Commission is unable to adopt its proposal 
to provide a first local transmission service to Florence, adoption of Option n would enable it 
to upgrade its Station KLQB(FM) at Oracle, Arizona, to Channel 277C3. Additionally, to 
accommodate the Oracle, Arizona, modification, Desert West proposes the allotment of Channel 
275A to Avra Valley, Arizona, as that community's first local aural transmission service. As both 
proposed Channel 277C3 at Oracle and Channel 275A at Avra Valley conflict with the proposed 
allotment of Channel 277A at Oro Valley, Arizona, Desert West again offers that Channel 270A 
could be allotted to Oro Valley to accommodate the petitioner's request. Desert West states that 
in the event Option n is adopted in lieu of Option I, it will file applications to upgrade Station 
KLQB(FM) at Oracle and to implement a first local transmission service at Avra Valley. 
However, of the two options presented, Desert West stressed a strong preference for adoption of 
Option I. Therefore, and in the absence of any opposing comments, we will consider only 
Option I of Desert West's counterproposal herein.
7. Initially, as indicated above, since the petitioner's proposal to allot Channel 277A to 
Oro Valley and the Florence, Arizona, aspect of Desert West's proposal are mutually-exclusive, 
Desert West proposed the alternate consideration of Channel 270A at Oro Valley in an effort to 
satisfy the petitioner's desire to provide a second local FM service to that community. A staff 
engineering study has determined that Channel 270A can be allotted to Oro Valley consistent 
with the technical requirements of the Commission's Rules. However, Oro Valley as well as the 
communities involved in Desert West's proposal are within 320 kilometers (199 miles) of the 
United States-Mexican border, thus necessitating concurrence in the proposals by the Mexican 
government. At this time, we have obtained such approval with respect to each of the 
communities set forth in Desert West's proposal with the exception of the proposed allotment of 
Channel 270A to Oro Valley.12 Therefore, we are severing Desert West's proposal from this
"Although the Commission received concurrence to the petitioner's request to allot Channel 277A to Oro Valley, 
it has been superceded by Desert West's counterproposal, hi the event Desert West had not offered alternate channel 
270A for consideration at Oro Valley, but rather had chosen to proceed on a comparative basis, its proposal would 
have prevailed in any event pursuant to the Commission's allotment priorities regardless of whether Option I or 
Option II was selected. The Oro Valley proposal constitutes a second FM channel request and would provide a third
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Federal Communications Commission DA 97-139
proceeding since it no longer conflicts with the Oro Valley proposal, and no oppositions to its 
proposal were received.
8. Based upon the information presented, we will reallot Channel 276C2 from San Carlos 
to Florence, Arizona, as a Class Cl channel, since it will result in a preferential arrangement of 
allotments pursuant to the Commission's change of community procedures. See Change of 
Community, supra. Florence, which is not within nor adjacent to an urbanized area will receive 
its first local aural transmission service. Moreover, the reallotment and concomitant modification 
of the petitioner's authorization will afford it an opportunity to provide service to an additional 
76,760 persons within Station KCDX(FM)'s projected 1 mV/m contour at Florence. While we 
carefully evaluate a proposal that would result in a loss of existing reception service, in this 
instance Station KDCX(FM) is unbuilt. Therefore, we do not consider its removal from San 
Carlos to present the parallel concerns with loss of service represented by the removal of an 
operating station, as it does not constitute a service that the public has become reliant upon. See 
Sanibel and San Carlos Park, Florida; Pawley's Island and Atlantic Beach, South Carolina; and 
Glencoe and LeSneur, Mnnesota, supra. In any event, the populace of San Carlos will continue 
to receive reception services from a minimum of twelve (12) AM stations, and three FM stations, 
including KCDX(FM). To accommodate the reallotment and upgrade at Florence, we will also 
substitute Channel 292A for Channel 279A at Oracle, Arizona, and modify the license for Station 
KLQB(FM) to specify operation on Channel 292A. We will also substitute Channel *275A for 
vacant Channel *276A at Comobabi, Arizona, as requested, to accommodate the Florence 
proposal. With respect to the modification of license of Station KLQB(FM), Oracle, no Order 
to Show Cause was issued, nor is reimbursement necessary since that facility is also licensed to 
the Desert West.
9. Channel 276C1 can be allotted to Florence in conformity with the rninimum distance 
separation requirements of Section 73.207(b) of the Commission's Rules, at Desert West's 
specified site located 56 kilometers (34.8 miles) east of the community at coordinates 33-03-30 
and 110-47-00.13 Channel 292A can be allotted to Oracle, Arizona, at the licensed site of Station 
KLQB(FM), consistent with the technical requirements of the Commission's Rules.14 Additionally,
local service to that community whereas the proposal to allot Channel 276C1 to Florence (Option I) or to Avra 
Valley (Option II) represents a first local service to either community, and therefore ranks as a higher allotment 
priority. See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982).
"Although this site is located farther from Florence than the maximum distance the Commission normally 
assumes for the provision of city grade coverage (3.16 mV/m), compliance with the requirements of Section 73.315 
of the Rules can be attained in accordance with the Commission's standard prediction methods. See Sections 
73.313(dXlK3). See also Woodstock and Broadway, Virginia, 3 FCC Red 6398 (1988).
14We note that the allotment of Channel 292A at Oracle is short-spaced to the licensed site of Station 
KONZ(FM), Channel 292A, Arizona City, Arizona, at coordinates 32-37-43 and 111-34-09. However, Station 
KONZ(FM) was modified to specify operation on Channel 293 A in the context of MM Docket No. 93-211, and 
therefore Channel 292A was deleted from Arizona City, Arizona, effective May 25, 1995. See 10 FCC Red 3873 
(1995). Station KONZ(FM) was subsequently issued a construction permit for Channel 293A at coordinates 32-50-04
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Channel *275A can be allotted to Comobabi, Arizona, in compliance with the technical 
requirements of the Commission's Rules. Mexican concurrence was obtained for Channels 
276C1, Florence, and Channel * 275A, Comobabi, as specially negotiated, restricted allotments.15 
Concurrence was also received for Channel 292A at Oracle.16
10. 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 10, 1997, the FM 
Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect 
to the communities listed below, as follows:
City Channel No.
Comobabi, Arizona *275A 
Florence, Arizona 276C1 
Oracle, Arizona 292A 
San Carlos, Arizona
11. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications 
Act of 1934, as amended, the authorization of Desert West Air Ranchers Corporation for Station 
KCDX(FM) (File No. BPH-910516ML), IS MODIFIED to specify operation on Channel 276C1 
at Florence, Arizona, in lieu of Channel 276C2 at San Carlos, Arizona, subject to the following 
conditions:
(a) Within 90 days of the effective date of this Order, 
the permittee shall submit to the Commission a 
minor change 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
and 111-38-15, which is compatible with the use of Channel 292A at Oracle.
15Channel 276C1, Florence, is limited to 23.2 kW ERP and 300m HAAT or the equivalent along the 168.7  
azimuth towards Channel 276B, Cananea, Sonora, Mexico. Channel *275A, Comobabi, is limited to 11 kW ERP 
and 100m HAAT or the equivalent along the 168.7  azimuth towards Channel 274B, Nogales, Sonora, Mexico.
l6Channel 292A at Oracle is consistent with the minimum distance separation requirements contained in the 1992 
US/Mexico FM Broadcasting Agreement, and therefore may operate at maximum permitted parameters for its class 
with respect to existing Mexican broadcast facilities and allotments.
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(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.
12. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the 
Communications Act of 1934, as amended, the license of Desert West Air Ranchers 
Corporation, licensee of Station KLQB(FM), Oracle, Arizona, IS MODIFIED to 
specify operation on Channel 292A in lieu of Channel 279A, subject to the following 
conditions:
(a) Nothing contained herein shall be construed as authorizing 
any change in Station KLQB(FM)'s license (File No. 
BLH-900809KC), except the channel as specified above. 
Any other changes, except those so specified under Section 
73.1690 of the Rules, require prior authorization pursuant to 
an application for a construction 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 File No. BLH-900809KC, except for the channel 
as specified above, and a license application (FCC Form 
302) is filed within 10 days of commencement of 
program tests.
13. Pursuant to Commission Rule Section 1.1104(l)(k) and (2)(k), any party 
seeking a change in 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, Desert West Air Ranchers 
Corporation, permittee of Station KCDX(FM) is required to submit a rule making fee 
in addition to the fee required for the applications to effectuate the change in 
community of license and upgrade at Florence, Arizona.
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14. For further information concerning the above, contact Nancy Joyner, Mass 
Media Bureau, (202) 418-2180.
FEDERAL COMMUNICATIONS COMMISSION
John A Karousos 
Chiefj Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
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