DA 95-440 Federal Communications Commission Record 10 FCC Red No. 6
Before the
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 90-44
In the Matter of
Amendment of Section 73.202(b),
Table of Allotments, FM Broadcast
Stations. (East Los Angeles, Long
Beach, and Frazier Park, California)1
REPORT AND ORDER
(Proceeding Terminated)
RM-7123
RM-7367
Adopted: March 7, 1995; Released: March 17, 1995
By the Chief, Allocations Branch:
1. The Commission has before it the Notice of Proposed
Rule Making ("Notice") in the above-docketed proceeding,
5 FCC Red 956 (1990), which proposed, at the request of
Spanish Broadcasting System of Florida, Inc. ("SBSF"),
licensee of Station KLAX-FM (formerly KSKQ-FM), Chan
nel 250B (97.9 MHz), Long Beach, California, the
reallotment of Channel 250B to East Los Angeles, Califor
nia, and the modification of its license accordingly (RM-
7123). Richard A. Cramer ("Cramer") filed a
counterproposal (RM-7367) to allot Channel 251A (98.1
MHz) to Frazier Park, California as its first local service,
which he subsequently withdrew.2 SBSF, KiFM Broadcast
ing Limited Partnership ("KiFM"), licensee of Station
KIFM(FM), Channel 251B, San Diego, California, and
Robert Burdette Investments ("RBI"), licensee of Station
KBOB-FM, Channel 252A (98.3 MHz), West Covina, Cali
fornia filed comments. Antelope Broadcasting Co., Inc.
("Antelope"), licensee of Station KAVS(FM), Channel
249A (97.7 MHz), Mojave, California, also filed comments.
SBSF, KiFM, Eric R. Hilding ("Hilding"), and Michael T.
McKenna ("McKenna") filed reply comments.3
COMMENTS
2. SBSF filed comments to the Notice reaffirming its
interest in the proposed allotment. SBSF notes that East
Los Angeles is located in Los Angeles County,4 is listed as a
Census Designated Place (population 126,379),' and pos
sesses the requisite indicia of community status to warrant
an FM channel allotment. SBSF reports that East Los
Angeles has four full-service hospitals, many schools, in
cluding a community college and a campus of a four-year
college, and two weekly newspapers, published in both
English and Spanish. Additionally, SBSF observes that nu
merous recreational facilities serve the community, as well
as myriad businesses ranging from fast food outlets to
offices providing legal, medical and other professional ser
vices. Many of these businesses and other institutions re
flect the fact that in East Los Angeles "94% of the residents
are Spanish-speaking." SBSF argues that a local radio sta
tion could provide in "the residents' native language"
emergency information, advertising, a forum for commu
nity opinion, and other information reflecting the pre
dominantly Mexican culture. The reallotment of Channel
250B to East Los Angeles would provide for its first local
aural transmission service and the movement of Station
KLAX-FM from Long Beach (population 429,433) would
leave that community with four aural transmission
services.6
3. Comments regarding the technical operation of the
proposal were directed to SBSF's proposed movement of
the transmitter site Station KLAX-FM occupied at the time
SBSF filed its petition ("old site"). Station KLAX-FM now
operates at a different site ("existing site") still serving Long
Beach. In its petition, however, SBSF proposed a
relocation of its old site and license modification in order
to serve East Los Angeles from another location ("proposed
site").7 SBSF also filed an engineering amendment to its
comments illustrating that certain shadowing difficulties in
operating at its old site would be overcome by relocating to
the proposed site to serve East Los Angeles.8
4. KiFM, licensee of Station KIFM(FM), filed comments
"strongly support[ing]" SBSF's proposal. KiFM argues that
a site relocation of Station KLAX-FM promises "to virtu
ally eliminate" the interference to Station KIFM(FM) aris
ing from the fact that Station KLAX-FM is a grandfathered
short-spaced station. KiFM also supported the relocation of
the old site farther inland and away from the Pacific coast
because it believes that the interference to the San Diego
1 The community of Frazier Park has been added to the
caption.
2 Accordingly, we will not further consider the Frazier Park
counterproposal or any comments relating thereto and will
dismiss the counterproposal. We also dismiss as moot SBSF's
motion to strike Cramer's reply comments. Since Cramer with
drew his counterproposal prior to October 4, 1990, he was not
required to demonstrate compliance with ยง 1.420(j) of the Com
mission's Rules.
3 Hilding subsequently withdrew, with prejudice, his comments
in support of the Frazier Park counterproposal. He now sup
ports instead the East Los Angeles proposal.
McKenna filed an opposition to the East Los Angeles proposal
after the time for filing reply comments had closed. He offered
no reasons for its untimeliness nor did he request leave to file
his opposition. We will not accept McKenna's comments and
they will not be considered further in this proceeding.
4 In addition, both East Los Angeles and Long Beach are within
the Los Angeles Urbanized Area (population 11,402,946 accord
ing to the 1990 U.S. Census).
5 Population figures are from the 1990 U.S. Census.
6 The four stations licensed to Long Beach are: commercial
Stations KNAC(FM), Channel 288A, and KGER(AM), 1390 kHz,
and non-commercial Stations KLON(FM), Channel 201, and
KFRN(AM), 1280 kHz.
7 KLAX's existing site is located at 34-00-24 and 118-21-52; the
proposed site at 34-02-45 and 118-21-20.
6 Specifically, SBSF claims that from the old site it employed
prior to its use of its existing, licensed site, the irregular terrain
of the Santa Monica Mountains to the north and the Puente
Hills and San Jose Hills to the northeast prevented service to
portions of its Long Beach coverage area. SBSF contends that a
move from its old site to anywhere within the permissible area
surrounding the proposed site would alleviate the effects of this
terrain shielding and provide "better coverage within the area of
[the old | service contour."
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10 FCC Red No. 6 Federal Communications Commission Record DA 95-440
Station KIFM(FM)'s listening area due to ducting would be
virtually eliminated.9 Finally, KiFM urges the Commission,
should it allot Channel 250B to East Los Angeles, not to
grant any later-filed application by SBSF to operate at a
different short-spaced site.
5. In its comments, RBI opposes SBSF's proposal, con
tending that reallotment of Channel 250B to East Los
Angeles would exacerbate the existing grandfathered short-
spacing and extend Station KLAX-FM's 1.0 mV/m contour
further towards that of RBI's West Covina Station KBOB-
FM in violation of Section 73.213(a) of the Commission's
Rules. RBI also contests SBSF's proposal because it makes
no showing that East Los Angeles is in fact a community
for allotment purposes.
6. SBSF filed reply comments stating that East Los
Angeles has clearly defined boundaries separating it from
the city of Los Angeles, and that the essential services of
East Los Angeles are provided not by the city of Los
Angeles but by Los Angeles County. The community has
its own zip codes, as well as businesses and community
services that all identify themselves with the East Los
Angeles community, and possesses many indicia supporting
its contention that it is a distinct, overwhelmingly Hispanic
community. SBSF submits exhaustively detailed exhibits
that support these assertions, which, in turn, purportedly
buttress its claim that East Los Angeles is indeed a commu
nity for allotment purposes. 10
7. SBSF claims that relocation to East Los Angeles would
also result in an improved service to listeners of Station
KLAX-FM. First, it states that the issue of contour exten
sion towards Station KBOB-FM is prematurely raised at
the allotment stage, and that the effects of such extension
easily could be alleviated, or even improved, by the use of
a directional antenna at the application stage. Second,
SBSF claims that shadowing in and around Los Angeles
would be significantly reduced by relocation of SBSF's
transmitter site. Third, it claims that relocation would
greatly reduce the interference due to ducting in Station
KIFM(FM)'s San Diego listening area.
8. After the close of the comment period, Antelope filed
comments accompanied by a request for acceptance of the
late-filed comments, requesting that the reference coordi
nates specified by SBSF be changed to accommodate Ante
lope's pending application (File No. BPH-901016IB) to
operate its Class A Station KAVS(FM), Mojave, California,
as a six kilowatt facility." While Antelope notes that Sta
tion KLAX-FM could remain at its existing site and pro
vide city-grade service to East Los Angeles, its engineering
exhibit shows that such operation would leave six kilowatt
Station KAVS(FM), Channel 249A, short-spaced to Station
KLAX-FM. Antelope suggests a specific alternate site for
Station KLAX-FM. '
9. SBSF opposes acceptance of Antelope's comments on
the grounds that the comments are untimely filed. SBSF
also rejects the case law cited by Antelope as inapposite to
support acceptance of these comments. SBSF argues that
such acceptance is contrary to Commission policy in that
Antelope's proposed coordinates would not resolve a pre
existing conflict, as Antelope's application was filed after
the comment period in this proceeding had closed, that
Antelope was not an original party in this proceeding, and
that the application represents merely a site preference.
Substantively, SBSF claims that use of Antelope's alternate
site as reference coordinates would severely limit the site
area available to Station KLAX-FM and thereby "eviscer
ate" the efficiency of SBSF's proposal. It states that Station
KAVS(FM) can increase its power to six kilowatts and
protect SBSF's proposal by using a directional antenna and
by employing the contour protection provisions of Section
73.215 of our Rules. Further, SBSF asserts that Station
KAVS(FM) is not automatically entitled to a six kilowatt
power increase, and that the Commission recognized that
Class A power increases could only be granted selectively.
See Second Report & Order in MM Docket 88-375, Amend
ment of Part 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), aff'd in relevant part, 6 FCC Red 3417 (1991). In
reply, Antelope restates its reliance on the Commission to
follow its established procedures to resolve a conflict be
tween an application and proposed rule making reference
coordinates.
DISCUSSION
10. After careful examination of SBSF's proposal and the
opposition thereto, we reallot Channel 250B from Long
Beach to East Los Angeles. We find that adoption of this
proposal would not increase the interference potential to
any other station and would result in service to a larger
population than would the existing facility. We also find
that East Los Angeles is a community for allotment pur
poses that would receive its first local service. We address
each of these issues in turn.
11. Interference Concerns. As an initial matter, Station
KLAX-FM, Channel 250B, was a grandfathered short-
spaced station pursuant to Section 73.213 at the time SBSF
filed its petition. The predicted interfering signal contours
of Station KLAX-FM overlapped the predicted protected
signal contours of second adjacent channel Station KBOB-
* Ducting is*a phenomenon caused by atmospheric conditions
that enhance the propagation of radio signals, most often occur
ring over or near large bodies of water. KiFM's comments
explaining how interference to its station due to ducting would
be alleviated are applicable to the existing site for Station
KLAX-FM serving Long Beach. The existing site (4.4 km south
of the proposed site) is also located farther north and inland at
a greater distance from the Pacific Ocean than Station KLAX-
FM's old site.
10 These exhibits include the following: (1) detailed maps
showing the boundaries of East Los Angeles as a Census Des
ignated Place, purportedly developed in 1980 by Los Angeles
County and the U.S. Census; (2) photographs of libraries, post
offices, traffic intersections, businesses, medical facilities, etc., all
shown with logos identifying them as East Los Angeles entities;
(3) copies of East Los Angeles Chamber of Commerce publica
tions; and (4) written testimonials from community leaders as
to East Los Angeles' unique character and its status as a sepa
rate community from Los Angeles.
1 ' Antelope cited Ban Air, Chester, Mechanicsville, Ruckersville,
Williamsburg and Fort Lee, Virginia, 1 FCC Red 6309 (1992),
Tahlequah, Oklahoma, 1 FCC Red 2552 (1992); Thomasville,
Alabama 1 FCC Red 4463, 4464 (1992), for the proposition that
reference coordinates proposed in a rule making may be
changed to accommodate an applicant.
2865
DA 95-440 Federal Communications Commission Record 10 FCC Red No. 6
FM, Channel 252A, West Covina, and Station KIFM-FM,
Channel 251B, San Diego. 12 Adoption of SBSF's proposal,
however, with its associated old site relocation, would re
move any predicted interference to first adjacent channel
Station KIFM(FM) in San Diego. Station KLAX-FM's ide
alized, non-directional interference contour would no long
er overlap Station KIFM(FM)'s idealized, non-directional
protected contour.
12. During the pendency of this proceeding, SBSF re
quested a modification and relocation of the facilities of
Station KLAX-FM (File No. BPH-901115IC). Pursuant to
Section 73.213(a), any such modification or relocation of a
grandfathered short-spaced station requires that its signal
contour of 1.0 mV/m field strength not be extended to
wards the 1.0 mV/m contour of any other short-spaced
station. SBSF's request met this requirement, and therefore
its application was granted. As a result, Station KLAX-FM
now uses a directional antenna with its radiation pattern
suppressed to the north. 13
13. On modification of one or both of the grandfathered
short-spaced stations, the question of whether their 1.0
mV/m contours would extend towards each other is most
appropriately addressed at the application stage. Where that
modification entails a change in the allotment (in this case
a change in site or reference coordinates), we ordinarily
make a judgment that the ensuing application will be
capable of full compliance with that Section. At the allot
ment stage, we assume that the coverage area for a given
class of station is circumscribed by an idealized circular 1.0
mV/m service contour assuming maximum facilities for the
class. 14 Accordingly, we determine whether a proposed
short-spaced reallotment might ultimately violate this sec
tion by considering whether the idealized 1.0 mV/m con
tour of the proposed allotment would extend towards the
estimated actual 1.0 mV/m contour of the affected short-
spaced station, using its licensed facilities and the estimated
antenna pattern. As a first approximation, however, we
consider only whether the distance is reduced between the
proposed reference coordinates for the new allotment and
the transmitter site of the affected short-spaced station. 15
14. When we consider whether the 1.0 mV/m contours
(the primary service contours) would extend towards each
other, we usually do so on the basis of the rules in effect
when the rule making was filed. However, when, as here,
the station has changed its transmitter site (and other pa
rameters), and the station must be compared with its pro
posed facilities, we consider its location (and facilities) as
they existed at the time of the filing of the petition as
irrelevant. We cannot ignore the reality of a proponent's
present facilities, particularly when they have changed to a
significant extent. Therefore, our assessment of SBSF's pro
posal will be made in light of its existing facilities.
15. We examined the distances between the existing,
relocated site for Station KLAX-FM and the transmitter
sites for first adjacent channel Station KIFM(FM) 16 and
second adjacent channel Station KBOB-FM. We compared
those distances with the corresponding distances between
the proposed site for Station KLAX-FM and the sites for
the two adjacent channel stations. Upon examination of the
proposed site of Station KLAX-FM, we find that it is
farther by 2.9 kilometers from Station KIFM(FM) in San
Diego, albeit still short-spaced,17 than Station KLAX-FM's
existing site is from the licensed site in San Diego, thereby
not raising concerns that the respective 1.0 mV/m contours
would extend towards each other. Therefore, the proposed
move of Station KLAX-FM would presumptively be in
compliance with our Rules, with respect to San Diego
Station KIFM(FM). As stated above, because the distance
between the proposed site coordinates and the site of an
existing station would be increased, the idealized protected
1.0 mV/m contour of the proposed station would be sepa
rated by a greater distance and would not extend towards
the 1.0 mV/m contour of the existing station in violation of
Section 73.213. At the application stage, we would expect
12 Applying the +20 dB protection ratio between second adja
cent channels (applicable at the time SBSF's petition was filed,
but changed as discussed in para. 17 and accompanying note,
infra.), interference was indicated when Station KLAX-FM's 80
dBu interfering contour overlapped Station KBOB-FM's 60 dBu
protected contour. Applying the -6 dB protection ratio for first
adjacent channels, interference was indicated by the overlap of
Station KLAX-FM's 48 dBu interfering contour with the 54
dBu protected contour of Station KIFM(FM).
13 Station KLAX-FM was also a grandfathered super-powered
station at the time SBSF filed its petition. It was licensed to
operate at 79 kW (with an antenna height above average terrain
("HAAT") of 125 meters at its old site). Station KLAX-FM is
now authorized to operate at the Class B maximum transmitter
power of 50 kW with a 119 meter HAAT at its existing site (File
No. BLH-911106KA). Its directional antenna pattern, mostly
omnidirectional, is suppressed along an azimuth span of roughly
100 , i.e. extending clockwise from somewhere between 330 and
340 to between 70 and 80 .
The suppression appears to avoid the would-be effects of the
newly created short-spacing of Station KLAX-FM's existing site
to the pending application (File No. BPH-901016IB) of Mojave
Station KAVS(FM) to increase its effective radiated power
("ERP") to 6 kW at its licensed site. See para. 18, infra.
An exception exists for Class C stations, for which we use
the actual facilities for the affected station or the minimum
Class C facilities (100 kW, 300 meters), whichever is greater.
15 We recognize that while a decrease in the interstation
distance may serve as a basis for rejection of a proposal for
reallotment of a grandfathered short-spaced channel, a definitive
determination of whether the respective 1.0 mV/m contours
would move towards each other cannot be made until the filing
of an application for the proposed transmitter site.
16 Coordinates for Station KLAX-FM at its existing site are
34-00-24 and 118-21-52; for Station KBOB-FM 34-01-22 and
117-56-15; and for Station KIFM(FM) 32-50-17 and 117-14-56.
17 The distance between Station KLAX-FM, operating on
Channel 250B at its existing Long Beach site, and Station
KIFM(FM), Channel 251B, is 166.0 km, 3.0 km short of the 169
km required by our Rules between first adjacent Class B com
mercial stations. However, according to the contour overlap
method (which is employed for commercial stations in special
situations involving short-spacing), no harmful interference is
said to occur since first adjacent Class B channel stations must
be separated by only 163.8 km to avoid overlap of the interfer
ence contour of one station with another station's protected
contour. Accordingly, Station KIFM(FM) is predicted not to
suffer harmful interference from Station KLAX-FM operating at
maximum facilities because its idealized interference contour
does not overlap and falls short of the idealized protected con
tour of Station KIFM(FM) operating at maximum facilities by
2.2 km (166.0 km-163.8 km). This also demonstrates the degree
of overprotection that sometimes exists for certain channel rela
tionships relative to our required distance separations, in this
case a minimum of 5.2 km (169 km-163.8 km) overprotection of
Station KIFM(FM).
2866
10 FCC Red No. 6 Federal Communications Commission Record DA 95-440
that the actual 1.0 mV/tn contour of Station KLAX-FM as
licensed and that of Station KIFM(FM) would be separated
from each other by a distance greater than that prior to the
site relocation. Of course, if at the application stage, the
distance is less than the separation existing prior to the site
change, the requested authorization to operate on the new
allotment would be violative of Section 73.113(a) and de
nied.
16. By contrast, however, the distance between the pro
posed transmitter site of Station KLAX-FM and Station
KBOB-FM is less by eight tenths of a kilometer than the
distance between Station KLAX-FM's existing site and Sta
tion KBOB-FM.18 Therefore, we would presume that the
estimated actual 1.0 mV/m contour (determined at the
application stage) of Station KLAX-FM would extend to
wards the actual 1.0 mV/m contour of second adjacent
channel Station KBOB-FM. 19 Presumptively, this would
mean that the actual primary service contours of the two
stations would move towards each other, thereby strictly
violating Section 73.213(a) with respect to Station KBOB-
FM. It should be recognized that a site change resulting in
shortening the distance between these contours would nor
mally mean that the interference potential between
grandfathered short-spaced stations would be exacerbated.
However, the definition of what constitutes harmful inter
ference for second adjacent channels has changed.
17. Since the filing of the petition for rule making in
this docket, the Commission has since reduced and made
less restrictive the protection afforded second adjacent
channel stations. See Memorandum Opinion and Order in
MM Docket No. 87-121, Amendment of Pan 73 of the
Commission's Rules to Permit Short-Spaced FM Assignments
by Using Directional Antennas, 6 FCC Red 5356 (1991). In
order to make the contour protection rules for commercial
stations consistent with the spacing requirements to which
all such stations must adhere, wherein the spacings for
second and third adjacent channels are identical, the Com
mission made the protection ratio for second and third
adjacent channels also identical. The protection ratio for
second adjacent channels prior to the rule change was the
more restrictive +20 dB and for third adjacent channels
+ 40 dB; it is now +40 dB for both. As a result of this
change, the interference potential, as newly defined, be
tween second adjacent channel stations such as Station
KALX-FM and Station KBOB-FM has been greatly reduced
to the point that we do not recognize it as harmful interfer
ence.20 With the change in definition using a +40 dB
protection ratio, the respective protected and interfering
contours of Stations KALX-FM (at the old, existing, or
proposed sites) and KBOB-FM fail to overlap by five
kilometers, more or less, for these two second adjacent
stations. Accordingly, despite the presumed movement of
the 1.0 mV/m contours towards each other by 0.8
kilometer, the interference potential (as newly defined)
between the two stations would almost assuredly be less
than it had been before the Rule change. The purpose of
the rule prohibiting the movement of the primary service
contours approaching each other has been to guard against
any resulting harmful interference. In this case, however, a
reduction in the distance between sites of less than a
kilometer would not likely result in actual increased harm
ful interference. Furthermore, whatever tiny increase there
might be in the potential for interference, we do not
recognize it as harmful interference. We do not consider
the move of Station KALX-FM's site toward that of KBOB-
FM to be violative of the underlying purpose of Section
73.213(a). Therefore, we will not regard such movement as
barring the SBSF's proposed site relocation of Station
KALX-FM.
18. On the other hand. Antelope's request made in its
late-filed comments must be denied.21 Were we to change
the reference coordinates as proposed by Antelope from
those for Station KLAX-FM's existing site (serving Long
Beach), in order to accommodate the six kilowatt applica
tion for first adjacent channel Station KAVS(FM), Section
73.213(a) would likely be violated. Such a change would
18 SBSF's existing site at Long Beach is located 39.5 km (24.5
miles) from Station KBOB-FM, West Covina. SBSF's proposed
site for Station KLAX-FM at East Los Angeles is closer to
Station KBOB-FM, located only 38.7 km (24.1 miles) away. We
note that the distance between the proposed East Los Angeles
site and Station KBOB-FM is 6 km more than that between the
old Long Beach site and that station.
19 We recognize that the applicant may directionalize its signal
by suppressing the radiation pattern along the azimuth to an
other station or by a transmitter power reduction. Were none of
these steps taken, Station KLAX-FM theoretically would pose a
greater interference potential to the second adjacent channel
Station KBOB-FM than from its existing site, albeit to a minor
extent.
20 The change to +40 dB (from the more restrictive +20 dB
that now only applies to educational stations) represents a relax
ation of the interference standards that applied to commercial
second adjacent channels. A +40 dB protection ratio requires
the interfering signal strength (its power) to be 10,000 times
greater than that of the desired signal before harmful interfer
ence is said to exist, whereas +20 dB requires that the interfer
ing signal be only 100 times greater before harmful interference
is declared. For example, what was once regarded as an area in
which harmful interference would occur using a +20 dB pro
tection ratio, would in many cases not be regarded as an inter
ference area because of its markedly reduced size due to .use of
+ 40 dB. Therefore, the potential is greatly reduced that an
overlap of the interfering contours with the protected contours
will occur, thereby greatly reducing the potential for interfer
ence.
For it to be assumed that Station KLAX-FM interferes with
Station KBOB-FM, the 100 dBu interfering contour of Station
KLAX-FM would have to overlap the 60 dBu protected contour
of KBOB-FM, i.e. the ratio between the undesired and desired
signal levels inside that overlap exceeded 40 dB. In fact, there is
no such overlap and we deem that Station KLAX-FM causes no
harmful interference to Station KBOB-FM. Before the recent
rule change, a protection ratio of only +20 dB had to be
exceeded before harmful interference could be declared. That is.
Station KLAX-FM's 80 dBu interfering contour had to overlap
Station KBOB-FM's 60 dBu protected contour, and it did.
Thus, a more restrictive +20 dB protection ratio resulted in a
finding, no Longer applicable, that Station KLAX-FM caused
harmful interference to Station KBOB-FM.
21 We accept Antelope's late-filed comments for consideration,
recognizing that they were filed well beyond the deadline for
doing so. We believe that the public interest demands consider
ation of proposals that could result in effectuating Commission
goals in the maximization of the number of 6 kW Class A
stations. Moreover, even though an applied-for transmitter site
generally reflects a site preference and is not favored over a new
allotment, the Commission will strive to accommodate all par
ties if other sites appear to be available. See Greenville. Texas. 6
FCC Red 6048 (1991').
2867
DA 95-440 Federal Communications Commission Record 10 FCC Red No. 6
exacerbate the short-spacing between Station KLAX-FM
and Station KIFM(FM), San Diego. Operation at Ante
lope's proposed site would reduce the distance from Station
KLAX-FM to Station KIFM(FM) by 8.2 kilometers, pre
sumably causing the primary service contour of Station
KLAX-FM, as operated on the proposed East Los Angeles
allotment, to extend towards the contour of Station
KIFM(FM). We decline to adopt Antelope's proposal to
change the reference coordinates for Station KLAX-FM for
this reason.22 Wenote, however, that it may be unnecessary
to change coordinates if Station KAVS(FM) could operate
despite the short-spacing, particularly in light of the sup
pressed radiation pattern of Station KLAX-FM discussed in
footnote 12, supra.23
19. Community Status. We note that East Los Angeles is a
Census Designated Place with a population of 126,379 ac
cording to the 1990 U.S. Census. The Commission has
generally presumed that an area is a community for allot
ment purposes when it is so designated. See e.g. Hollywood
and California, Maryland and King George, Virginia, 3 FCC
Red 4043 (1988). Moreover, East Los Angeles possesses
many of the requisite indicia we have long recognized as
characteristic of a community for allotment purposes. For
example, East Los Angeles has several hospitals, colleges,
and two weekly bi-lingual newspapers and numerous
businesses, several post offices, which reflect the Spanish-
speaking majority of its residents. See paragraphs 2 and 6,
supra. We, therefore, regard East Los Angeles as a commu
nity for allotment purposes.
20. Change of Community of License. East Los Angeles
lies within the Los Angeles Urbanized Area as does Long
Beach. Therefore, in reallotting an FM channel from one
Los Angeles community to another within this same ur
banized area, no issue exists as to whether there is an
attempt by the petitioner to move into an urbanized area.
However, in examining the merits of reallotting a channel
within the same urbanized area, we must determine wheth
er the proposal would result in a preferential arrangement
of allotments. See Modification of FM and TV Authoriza
tions to Specify a New Community of License, 4 FCC Red
4870 (1989), recon. granted in part, 5 FCC Red 7094 (1990)
("Community of License MO&O") In determining whether
a proposed reallotment represents a preferential arrange
ment of channels, we apply the allotment priorities set
forth in Revision of FM Assignment Policies and Procedures,
90 FCC 2d 88, 92 (1982).24 Under priority 3), East Los
Angeles would be favored as a first local service over Long
Beach, which will continue to receive four local aural
transmission services. Furthermore, the proposed
reallotment of Channel 250B from Long Beach to East Los
Angeles would result in a net service gain of 452 square
kilometers with a population of 298,072 persons.25 26
21. In reaching this result, we recognize that we have not
applied Huntington Broadcasting Co. v. FCC, 192 F.2d 33
(D.C. Cir. 1951), and Faye and Richard Tuck, 3 FCC Red
5374 (1988), and want to clarify our reasons for not doing
so. In the Community of License MO&O, the Commission
was concerned about a mechanical application of the FM
priority for first local service that "would appear to allow
an artificial or purely technical manipulation of the Com
mission's 307(b) related policies." Id. at 7096, para. 14. To
avoid such results, the Commission indicated that it would
apply Huntington and Faye and Richard Tuck under which
suburban communities seeking a first local service pref
erence would be attributed with the radio or television
stations of a nearby, large city unless it were demonstrated
that the suburban community was sufficiently independent
of the large city to warrant a first local service preference.
Consistent with this policy, we have applied Huntington
and Faye and Richard Tuck in cases involving moves from
communities outside of urbanized areas to communities
inside of urbanized area, as defined by the U.S. Census,27
because we were concerned that a first local service pref
erence was being used as a mechanism for a station to
enter a large market. However, those concerns do not exist
in cases such as the instant one where a station is already
licensed to a community in an urbanized area and seeks to
22 The path length between the existing transmitter site of
Station KLAX-FM and Station KIFM(FM)'s site is 166.0 km, a
3.0 km short-spacing. That path would be further reduced to
157.8 km if the reference coordinates proposed by Antelope
were used. Moreover, if Station KLAX-FM were operated from
this proposed site, the station would cause harmful interference
in the San Diego listening area of Station KIFM(FM). Channels
250B and 251B, as first adjacent channels, have a protection
ratio of -6 dB, which has remained the same since the petition
was filed. Using -6 dB, our analysis reveals an area where
existing service would be disrupted by harmful interference, an
area of 4.4 square km containing approximately 1009 persons.
However, the operation of Station KLAX-FM from Antelope's
proposed site would not likely cause harmful interference to
second adjacent channel Station KBOB-FM, despite an intersite
distance reduction to 32.8 km (from 39.5 km, representing a
29.5 km short-spacing). Because of the change in the protection
ratio from +20 dB to +40 for second adjacent channels (See
para. 17 and accompanying note, infra.), the interference con
tour of Station KLAX-FM operated at Antelope's proposed ref
erence coordinates would not overlap the protected contour of
Station KBOB-FM.
23 If it can be shown that Station KAVS(FM) could be operated
without causing or being subjected to harmful interference,
presumably, .this would facilitate Antelope's reaching mutual
agreement with Station KLAX-FM to permit Station
KAVS(FM) to increase its ERP to 6 kW. Antelope has already
reached a mutual agreement with another short-spaced Station
KKBB(FM), Channel 249A, Shafter, California, which has a
pending application (File No. 910409IC) to permit Station
KKBB(FM) to operate at 6 kW.
24 The FM allotment priorities are: 1) first aural service, 2)
second aural service, 3) first local service, and 4) other public
interest matters.
25 A new East Los Angeles allotment would provide additional
reception service in an area of 485 km2 (187.3 mi2) with an
estimated 336,580 persons, and would result in a loss of recep
tion in an area of 33 km2 (12.7 mi2) containing 38,508 persons.
(485-33 = 452 and 336,580-38,508 = 298,072)
26 SBSF, however, stated in its consolidated reply comments
that it intends to directionalize the signal of Station KLAX-FM.
We note that it has already done so, presumably to better serve
its existing community of license, Long Beach. See para. 12 and
accompanying note, supra. Operation of Station KLAX-FM with
a directionalized signal would alter the East Los Angeles cov
erage area from the idealized coverage area of its allotment (as
Long Beach's idealized coverage has been altered) as would
relocation of its transmitter site within the permissible site area
or operation with less than maximum facilities.
27 See eg., Elizabeth City, NC, 9 FCC Red 3586 (Allocations
Branch 1994).
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10 FCC Red No. 6 Federal Communications Commission Record DA 95-440
change its community of license to another community in
the same urbanized area. In such cases, a first local service
preference is not being used as a basis to enter the market.
22. Technical Summary. Channel 250B can be allotted at
East Los Angeles in compliance with the Commission's
minimum distance separations requirements at a site re
stricted to 18.9 kilometers (11.7 miles) east of the reference
coordinates for East Los Angeles, at North Latitude
34-02-45 and West Longitude 118-21-20.
23. 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 May 1, 1995, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules,
IS AMENDED with respect to the communities listed be
low, as follows:
Community
East Los Angeles, California
Long Beach, California
Channel No.
250B
288A
24. IT IS FURTHER ORDERED, That pursuant to Sec
tion 316(a) of the Communications Act of 1934, as
amended, the license of Spanish Broadcasting Systems of
Florida, Inc. for Station KLAX-FM, Channel 250B, Long
Beach, California, IS MODIFIED to specify operation on
Channel 250B at East Los Angeles, California as its new
community of license, subject to the following conditions:
(a) Nothing contained herein shall be construed as
authorizing any change in the license for Station
KLAX-FM, except the community as specified above.
Any other changes, except those so specified under
Section 73.1620 of the Rules, require prior authoriza
tion pursuant to an application for modification of
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-911106KA, except
for the community as specified above and a license
application (FCC Form 302) is filed within 10 days
of commencement of program tests. Within 90 days
of the effective date of this Order, the licensee shall
submit to the Commission a minor change applica
tion for a construction permit (Form 301), specifying
the new facility.
25. IT IS FURTHER ORDERED, That the counter
proposal (RM-7367) filed by Richard A. Cramer that Chan
nel 251A be allotted to Frazier Park, California IS
DISMISSED.
26. IT IS FURTHER ORDERED, That this proceeding
is TERMINATED.
27. For further information concerning this proceeding,
contact J. Bertron Withers, Jr., Mass Media Bureau, (202)
418-2180.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Chief, Allocations Branch
Policy and Rules Division
Mass Media Bureau
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