ORIGINAL
BEFORE THE
Federal Communications Commission
WASHINGTON, D.C.
In the Matter of )
)
Amendment ofSection 73 .202(b) )
Table ofAllotments )
FM Broadcast Stations )
)
(Spencer and Sac City, Iowa and )
St. James, Minnesota) )
To: Chief, Allocation Branch
Mass Media Bureau
MM Docket No. 94-82
RM-8487
DOCKET FilE COpy ORIGINAl
Statement for the Record
Kevin Lein ("Lein"), by his attorneys, hereby submits the following Statement for the
Record in this proceeding.
1. On August 1, 1994, Lein tendered to the Commission an application (FCC File No.
BPH-940801MA) for a new FM facility on Channel 284A at Sac City (the "Lein Application").
This created an inherent conflict between the Lein Application and the NPRM. In IOL's
September 12, 1994, Comments and Alternate Counterproposals in this proceeding, IOL
proposed to allocate Channel 240A to Sac City, Iowa, in lieu ofChannel 284A. lOL averred that
this allocation can be made in compliance with all Commission Rules and Regulations. If
adopted, it will eliminate any conflict between Lein's proposal to serve Sac City, and IOL's desire
to upgrade KIOL(FM), Spencer, Iowa, from Class A to Class C2 facilities.
2. On May 27, 1994, Iowa Great Lakes Broadcasting Company, Inc. ("IOL") submitted a
No. of Copies reed{f~
UstABCDE
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Petition for Rule Making to the Commission which sought to modify the FM Table of
Allotments, 47 C.F.R. 73.202(b), to upgrade Channel 285A at Spencer, Iowa, to Channel 285C2,
and to modify the license ofIGL's FM Station KIGL, Spencer, accordingly; to change the
allocation utilized by Station KXAX (FM) at S1. James, Minnesota, from Channel 285A to
Channel 268A, and to delete the unoccupied and then unapplied for allocation ofChannel 284A
at Sac City, Iowa. By Notice ofProposed RuleMakin~and Order to Show Cause, DA 94-772,
released July 20, 1994 (the "NPRM"), the Commission sought comments on the IGL proposal.
3. Lein has no objection to adoption ofthe IGL counterproposal to assign Channel 240A
in lieu ofChannel 284A at Sac City, and to reimburse Lein for reasonable expenses incurred to
amend his application to specify operation on Channel 240A. Indeed, in a responsive pleading
filed concurrently herewith with regard to the Lein Application, Lein has indicated that he will
accept a grant ofa construction permit conditioned on the outcome ofthis proceeding. Should
the Commission substitute Channel 240A at Sac City, Lein will promptly amend its application
to specify the new channel, and to make conforming changes.
1
Should the Lein Application be
granted prior to issuance ofa decision in this proceeding, and the Commission subsequently
substitute Channel 240A for Channel 284A at Sac City, Lein will promptly submit an application
to modify the facilities ofits proposed station to specify operation on Channel 284A.
4. Based on this Statement for the Record, Lein submits that there is no conflict between
its application and the counterproposal ofIGL. Both can co-exist without causing interference or
Substitution ofChannel 240A to Sac City will require Lein to modify his
proposed transmitter site, as his current site is not fully spaced on that channel.
Lein has no objection to changing its proposed site, and is currently seeking an
alternative transmitter site that will permit it to operate on Channel 240A.
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any other concern reflected in the FM table ofallotments. Under the circumstances, there is no
need for the Commission to undertake any analysis ofwhether retention ofChannel 284A at Sac
City is to be preferred over upgrade ofChannel 285 from Class A to Class C2 at Spencer. Both
parties concerns may be satisfied by adoption ofthe IOL proposal.
For the reasons set forth herein, Kevin Lein requests that the position set forth herein be reflected
in the record ofthe existing proceeding, and that the Commission promptly resolve this
proceeding in a manner that will meet the needs ofboth IOL and Lein.
Respectfully submitted,
KEVINLEIN~
By~~~t-
His Attorney
Fisher Wayland Cooper
Leader & Zaragoza LL.P.
2001 Pennsylvania Ave., N.W.
Suite 400
Washington, D.C. 20006-1851
(202) 659-3494
CERTIFICATE OF SERYICE
I, Rhea Lytle, do hereby certify that I have this 12th day ofJanuary, 1994, mailed by
first-class United States mail, postage prepaid, copies ofthe foregoing "STATEMENT FOR
THE RECORD" to the following:
*John A. Karousos
Acting Chief, Allocations Branch
Mass Media Bureau
Federal Communications Commission
2025 M Street, N.W.
Room 8322
Washington, D.C. 20554
Leonard S. Joyce, Esq.
Law Offices ofLeonard S. Joyce
5335 Wisconsin Avenue
Suite 300
Washington, D.C. 20015
John S. Neely, Esq.
Miller & Miller P.C.
P.O. Box 33003
Washington, D.C. 20033
*Hand-Delivery