WAlTER'S NUMBER
(703) 812·
ROBERT L. HEALD
(111541·11183)
PAUL D.P. SPEARMAN
(1I1N·l812)
FRANK ROBERSON
(11138·1Ml)
RETIRED
RUSSELL ROWELL
EDWARD F. KENEHAN
___-=: FRANK U. FLETCHER
. -"VI"
OF COUNSEL
EDWARD A. CAINE'
(703) 812-0400
TELECOPlER
(703) 812.()486
INTERNET
HILDRETH~MAILCOM
F LETC HER. H E A L 0 & H I LOR E T H , L-J;., C .
ATTORNEYS /(f IAN HI:CelVED
11th FLOOR, 1300 NORTH 17th STREET
ROSSLYN, VIRGINIA 22208
'NOf ADMITTED IN VIRGINIA
ANN lAVENDER'
ANNE GOODWIN CRUMP'
VINCElfT J. CURTIS, JR.
PAUL J. FELDMAN'
ERIC FISHMAN'
RICHARD HILDRETH
EDWARD W. HUMMERS, JR.
FI'lAHK R. JAZZO
CHARLES H. KENNEDY'
KATHRYN A. KLEIMAN
lARRY LAMBERGMAN
PATRICIA A. MAHONEY
M. VERONICA PASTOR'
GEORGE PETRUTSA8
LEONARD R. RAISH
JAMES P. RILEY
MARVIN ROSENBERG
KATHLEEN VICTOAY'
HDWARD M. WEISS
0420
January 12, 1995
BX IW1J) DJ:L:rvAY
Mr. William F. Caton
Acting Secretary DOCKET FILE COpy ORIGINAL
Federal Communications Commission
1919 M Street, N.W., Room 222
Washington, D.C. 20554
Re: MM Docket No. 94-134. BM-8538
Dear Mr. Caton:
On behalf of KNAB, Inc., there is transmitted herewith an
original and four copies of its "Comments and Counterproposal."
Should any questions arise concerning this matter, please
communicate with the undersigned.
Very
R' ard Hildreth
C unsel for KNAB, Inc.
RH:mah
Enclosures
No. 01 Copies rec'd of~
UstA Be DE
DEFeO E.\ GIN AL RECEIVED
~tbera! «!ommuniadiOtte «!ommieeton fAN 121995
WASHINGTON, D.C. 2055<~~~
In the Matter of
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations
(Burlington, Colorado;
Brewster, Kansas)
MM Dkt. No. 94-134
RM-8538
coaemrrs AlID COtnrRBPBOPOSJ\L
KNAB, Inc., licensee of KNAB(AM) and KNAB-FM, Burlington,
Colorado (trKNAB"), by its attorneys submits its comments opposing
a proposed amendment to the FM Table of Allotments, Section
73.202(b) of the Commission's rules, which would add Channel
257C1 at Burlington, Colorado to the table, as well as opposing
any new allotment to Burlington. KNAB additionally submits a
counterproposal requesting that Channel 257C1 be allotted to
Brewster, Kansas, in lieu of Burlington.
Comments
Burlington is a small agricultural town in a classic farming
and ranching area of the West located on the sparsely populated
plains of eastern Colorado near the Kansas border. The town and
the surrounding county of Kit Carson have a declining population
and stagnant economy. As shown below, addition of a competing
channel at Burlington is not economically justified and will harm
those stations already licensed to the market.
That Burlington and Kit Carson County popUlations do not
justify allotment of another channel to Burlington is patently
- 2 -
obvious. Burlington currently has a population of only 2,941
persons.
1
The entire county of Kit Carson is home to only 7,250
persons or 3 persons per square mile, making it one of Colorado's
(and the nation's) more sparsely populated counties.
2
With only
2,785 households in the county,3 the county ranks 2,635 among
U.S. counties in order of population.
4
In comparison to Kit
Carson County's 3 persons per square mile, the entire State of
Colorado has 33 persons per square mile and Denver County has
3,156 persons per square mile.
s
Of even more significance, the already meager population of
Burlington and the surrounding county is shrinking. From 1980 to
1992 the Kit Carson County population decreased 5.2%.6 The
number of housing units in the county decreased 2% from 1980 to
1889.
7
Fourteen percent of available housing units in the county
are vacant.
8
There is no reason to believe that future growth
will occur. Only six new housing units were authorized by county
1U. S . Bureau of the Census, County and City Data Book: 1994,
at 863 (12th ed. 1994); U.S. Bureau of the Census, 1990 Census of
Population and Housing, Summary Population and Housing
Characteristics: Colorado, at 5 (1991).
2U. S . Bureau of the Census, County and City Data Book: 1994,
at 60, 74 (12th ed. 1994).
3.I.d. at 62.
4.I.d. at 60.
s.I.d ?
6.I.d ?
7.I.d. at 65.
8.I.d ?
- 3 -
building permits in 1992 and only 4 such units were authorized on
average each year during the 1990-1992 period.
9
The stagnant Burlington/Kit Carson County economy simply
will not support the addition of another channel at Burlington.
One telling factor is that the county labor force decreased 6.6%
from 1980 to 1990.
10
Currently there are only 11 very small
manufacturing establishments in the county.ll Combined they
employ only 100 persons, with no change in that number over the
previous five years.
12
The 37 wholesale establishments in the
county together employ only 326 persons.
13
Total wholesale sales
in the county in the last year for which statistics are available
showed a decrease of 16.4% over the previous five years.
14
The
mostly small retail establishments in the county employ only 422
persons.
IS
There are only 46 service establishments in the
county, with 236 employees. 16
While the Burlington/Kit Carson County agricultural economy
employs one fourth of the county labor force,17 it too is not
9.I,d .
at 67.
1O.I,d.
at 68.
ll.I,d.
at 70.
12..I.d. .
13.I,d ?
at 71.
14.I,d .
lS..I.d. .
16..I.d. ?
at 72.
17.I..d.
at 68.
- 4 -
thriving well. Agricultural production in the county has at best
been generally stable and has in fact declined in some cases.
For instance, between 1984 and 1993, although the production of
corn for grain, dry beans, and hay increased, the production of
corn for silage dropped 28% and the production of barley dropped
99%. The production of other crops such as winter wheat also
decreased, with the production of oats dropping 47% and the
production of grain sorghum dropping 89%.18
The sad state of the Burlington/Kit Carson County economy
means that few dollars are available for advertising. That the
county ranks 2,191 among u.s. counties in retail sales
19
comes as
no surprise. The reason that there are few dollars for
advertising is that county residents have minimal spending power.
The median household income in the county is only $23,125 per
year (median household income for Colorado is $30,140.)20 One
third of all households in the county have an annual income of
less than $15,000.
21
Fifteen percent of the county population
lives below the poverty level.
22
Nineteen percent of the county
population receives federal social security benefits.
23
The
18Colorado Dept. of Agriculture, Colorado Agricultural
Statistics, 1990-1994 editions.
19U. S . Bureau of the Census, County and City Data Book:
~,at 71 (12th ed. 1994).
20.I.d,. at 65.
21.I.d,. at 64.
22.I.d,. at 65.
23.I.d,. at 63.
- 5 -
demographics of the county do not suggest that this will change
in the future. More than one fourth of county residents do not
have a high school diploma. 24 Only 15.8% have a college degree. 25
With the Burlington area already highly saturated with media
services which compete for the minimal advertising dollars that
are available, there is no way that an additional competing
broadcast station can serve the public interest. Burlington
already receives service from five AM stations,26 six EM
stations,27 and two TV stations. 28 In addition, Burlington, and
each town in the surrounding area, has a local cable television
system with a community channel that sells advertising. The
Burlington cable television system carries five Denver television
stations.
29
Denver television stations are also carried over the
air on a county television translator system. Three daily
newspapers are delivered to Burlington from Denver and Goodland,
Kansas.
30
Seven weekly community newspapers
31
and three weekly
24.I.d. at 64.
25.I.d .
26KNAB , Burlington, Colorado; KLOE, Goodland, Kansas; KXXX,
Colby, Kansas; KRDZ, Wray, Colorado; and KLMR, Lamar, Colorado.
27KNAB , Burlington, Colorado; KKCI, Goodland, Kansas; KGCR,
Goodland, Kansas; KQLS, Colby, Kansas; KATR, Wray, Colorado; and
KSEC, Lamar, Colorado.
28KLBy , Colby, Kansas; and KBSL, Goodland, Kansas.
29KCNC-TV, KMGH-TV, KRMA-TV, KUSA-TV, and KWGN-TV, Denver,
Colorado. Warren Publishing, Inc., Teleyision and Cable
Factbook: 1994 (1994).
30Denver Post and Rocky Mountain News, Denver, Colorado; and
Goodland Daily News, Goodland, Kansas.
- 6 -
shopper newspapers
32
are circulated in Burlington. All of these
media, with the exception of the Denver television stations and
the two Denver newspapers, regularly call upon advertisers in
Burlington and Kit Carson County soliciting advertising. see
Exhibit 1 hereto, Statement of Bette Bailly, General
Manager/Owner, KNAB, Inc.
It is patently obvious that the addition of another local
broadcast facility to Burlington will seriously harm Burlington's
existing stations, causing them to devote less resources to
serving the public interest. Moreover, it can be expected that
one or more of the Burlington stations will have to go dark if
the allotment is made to Burlington. It is instructive that even
without added competition one area station has already gone dark.
Station KLIM(AM), Limon, Colorado went off the air in 1992 due to
financial difficulties. see Exhibit 2 hereto. KLIM was never
able to resume service and Commission records indicate that KLIM
has not responded to correspondence from the Commission since
1992.
In recent years, it has become universally recognized that
there is a limit to the number of voices that any community can
support. see Reyision of Radio Rules and Policies in MM Dkt.
31Burlington Record, Burlington, Colorado; Limon Leader,
Limon, Colorado; Stratton Spotlight, Stratton, Colorado; Sherman
County Star, Goodland, Kansas; Range Leader, Cheyenne Wells,
Colorado; Wray Gazette, Wray, Colorado; and Flagler News,
Flagler, Colorado.
32Plains Dealer, Burlington, Colorado; Mile Saver Shopper,
Flagler, Colorado; and Country Advocate, Goodland, Kansas.
- 7 -
910140, 70 RR2d 903, 903-07, 7 FCC Rcd 7255 (1992). It is also
recognized that many of the stations for which allotments were
made in Broadcast Docket 80-90 have not survived. No additional
channel should be allotted to Burlington under any circumstances.
Counterproposal
Accordingly, KNAB hereby requests that Channel 257C1 be
allotted to Brewster, Kansas, in lieu of Burlington. Brewster is
currently without local broadcast service. Attached hereto is an
engineering statement demonstrating that Channel 257C1 can be
allotted to Brewster in full compliance with the Commission's
spacing rules. Pursuant to the Commission's FM allotment
priorities, allotment of the channel to Brewster would result in
a preferable distribution of channels. The Commission has stated
that its priorities are (1) first full-time aural service; (2)
second full-time aural service; (3) first local service; and (4)
other public interest matters, with equal weight given to
priorities (2) and (3). Revision of FM Policies, 90 F.C.C.2d 88
(1982) .
The allotment of Channel 257C1 to Brewster would provide
this community with its first local service. Thus, pursuant to
the Commission's policies, this allotment would be preferable to
allotting the channel to Burlington as its third local service
and second local FM service.
Moreover, Brewster is in greater need of a first local
service that Burlington is for a third. Although Brewster is a
small city, it is located along Interstate 70, a primary east-
- 8 -
west transportation corridor. Brewster has its own city
government, school district, post office, cable company, electric
company, telephone co-op, and library. Brewster also has four
churches, four stores, a grain elevator, a museum, a bank, nine
miscellaneous businesses, five farming operations, and two
restaurants. Further, Brewster currently has neither any local
broadcast service nor any daily or weekly newspaper.
Accordingly, allotment of Channel 257Cl to Brewster would result
in a preferable allotment scheme.
KNAB hereby expresses its intention, if Channel 257Cl is
allotted to Brewster, to promptly file an application for a
construction permit for the channel and, upon grant of the
construction permit, to expeditiously construct the authorized
facilities. If, however, the Commission should allot a new
channel to Burlington, either Channel 257Cl or an alternate
channel, KNAB would be unable to apply for the Brewster channel.
Due to economic considerations, KNAB would be unable both to
compete with a new station in Burlington and to construct and
operate a new facility in Brewster.
Conclusion
For the foregoing reasons, KNAB, Inc. urges the Commission
to refrain from allotting another channel to Burlington, Colorado
to avoid disastrous consequences to other Burlington stations.
- 9 -
Alternatively, it is requested that the Commission allot Channel
257C1 to Brewster, Kansas, as its first local service.
Respectfully submitted,
By:
Its
Fletcher, Heald & Hildreth, P.L.C.
1300 North 17th Street, 11th Floor
Rosslyn, Virginia 22209
(703) 812-0400
January 12, 1995
Crump
EXHIBIT 1
ABC· INTERMOUNTAIN NETWORKS. 1000 W DAYTIME
II
!i
II
II
BUfU.INGTON, COLORADO 80807
P.O. no,.. )if,
"Tho Pntlf1lu')j Clwiw"
In t.hv KNM. KNAB-FM pr';ol,Hy :.t:'fvjCLia~-ci)..wh1r.h is that. area w1thin a70~
(liih:r'adiu~u1 Bur'] ingtl.!n.tht~11M r,ldio~tation,;include KNAB 1n Burlington.
(;jjll.!\"ddu; KLDt:: in (:ioi)(!land.K.a!l::;d.~;KXXX in Colby, Kansas; KRDZ 1n Wray. Col orado i
anJKl.,M~iii Ldillat" , Colnrudu. FM r,ld'io~tdtillnsinclude KNI\B in Burlin(Jton, Colo
i"i:idu; KKU HI GuvdTand. KJI1!;(l:;; KGCR in Goodlund,KAnsas~KQI.S 10 Colby. Kansas;
kATI{ in Wr;Jy, COIC.lt';HIO; anelKr~H;in Liliniir, Colorl'ldo.
lJiilly newSpdpel"'::> 11ltlude tilt' (lcnvp.t· Post and Rocky Mount/lin News which~re
dfdlve:r'C'd daily fromDenv(~r,Color'ado, and the GOtldlllnd Oal1y N!!\vs from Goodland,
f!"HI$.il:". Wel!kljf1c\~sl-laper!;inc.ludo the Burlington Record from Burlington, Colo
Yddu; the Linlun leadet' from lil11on. Coloradu; the Stratton Spotlight. from Stratton.
1~1,IM,.ldi)ir.h~Sherman County$~iH'fl'l'lIl1 r.ill1dlitnrl,Kan~lls;the Ral'lUA I.l"dger from
Ctu:Yf:!oot::Wcli~.(IJI;ll'ado;th~Wr-.,\jI Gill-ette from Wray. Co1orado; a.nd thp. F'lagler
Ncw~lrlJII\FlagIG~',Culorl1du. There arE! alsothr~ewt;ekly shopper papers ill the
elf(':,"I, including thtl Plains Dealer from Bur'11ngton. Colorado. t.he Mila Sa.ver
, ,
SMppt:;' fr'I)1I1 f1<1g1CY', Co1oradoi and the Country Advocate from Goodland, Kansas.:
. ;:
ll1f.1t'e ,),r'C tWI) TV rotat.ions 1n the area··KL13V in ColbY. Kansas and KBSL'ln
Go(;dldtld, K'l!l'';dS. BUl'lingt'HI alit! Inany uf thetownsin't~esurraunding'~reaalso
haVf~,iCabl(~TV outlet that ha:. a cOnimunityc"annf!'iitti~~!sl!lls;~dvEfrtiidng.The
HIl(] ; JltJll')l\ i,,;.IblC'~.y!>tiJl\1c,ll"!'itls the following Ol:!nvtilr television stations: I(CNC..TV.
~',MGI1-1V,KI~MI\-1V.Klj~.;r\-TV.UliU KWGN-TV.These'f1veOe~~~'I'televiSion stations a1$o
dl!~l;arn~don the KH C,lI'SOIl Cl)utlty television translator system. : "!i;!~i,i i
ABC ? INTERMOUNTAIN NETWORKS - 1000 W DAYTIME
P.O. B",:.: !ilb fjUf\LINGiON, COL.ORADO 80807
Phone 3"6-8600
lh~listrrlr~djnand nun-Denver trlevision~t~tjnn~can all beh~ardor
...ie\'l~lI\)1 f Ule dlr chn'inv t.ht! dil.,ytilli'':. olld t:hc~amej<;tru~dl~rir\gthe night
wi t.h the' C"xU"pl.iilll nt Statiml!;, KNAH AM ,lon nOE AM,
P,LH'lili~Jb}i1L i,l man.H thiif.i~.;"xtxp.m,~lyweI1-':lerlled by other nledia and
\·rilh i; Ij,~t.ec.unoUlY Uldl". isdr~p~:r\l1i!tilon raliching <'lndfarmili~J.the economic
plC.1.IJI·(~'j:-. Illit !JOl!lU t.II i:hanSjt!lIV(~l't.hp. fOr(::,;eeablefuturt~.The ilddit10n of
drllJthu lOCi)] lJroildc,nl I'arilil.y to aurl ington will create an economic condition
tIll" ,ill til+': iocalbt'l)Olktl··~t.~·.tatii.lt\sthat: will re;;ult in none of the stations
b~inrJtlhle to tldf'qlli\tely:~et'vethr. plAblicint.el'c,.. t. ar)d it ciln be~)(I)ectedthat
nn,:! ()I'IIHjr~ortt1~~t.dtjonsv/ill have to go dark.
,I\~~a !; tati':;11 l)pE!rc'ltnr in Blltlloaton forr.hera~,t2.7 years. I am persona'ly
tJillillll.r\.. itlltho~(,;rrliHtl;'r'~.fllrl thr'r"r:t~.~.#,.tfmoth .. hOVfl'IInt'1 in t.lltlfur~guill~,
(.(J11lrnont5 alld hereby affiY'lIl thatlh~abovE.' statement" are true and correct to the
tl'.!:;t "i lI1ykf\ilwlC'd~Jf'.lrlll'II·lllatil)lland belief.
Ih~r~by~.WCdyo undt'lr pf!oa 1t.V Ii f plll'gery
t.!ldti.Il~!fljre')oioQl~true and f.on'ect
til tlw ho:;t of IlJY knowledgt. information,
Mid1.1~:1 It: t _
t:(J
i-1 Ji~j
1<.~./. r",;/ Z:: V~,
~,~,~:,v~r~.
~~,
1
""'1 II' 1,',,\ j ! 'I.... I
."- ," "·".f ( I
(~('IWt'i;]MiHMg+:!,'/Owner.KNfl,[~.1nl.:.
January 12. 1995
. ,~:
01/12/95 15:56
EXHIBIT 2
KLIMRadto
1120 AM.
t>[). 061 002
@ ce.: 11 J.16/ AM B("ilt~_
@ F/k ; t:..L'Iw'"
'..,"'~~....
165 E Avenue, Box 87
Limon. Colorado 80828
(719) 775·2572
{
\. I
AM BRANCH -/fJ-f"l"Jt-~f~::tl
JUl u 0f~~,
..
.
..
I
RECEIVED
Eastern Colorado's Best Country
SMITH AND POWSTENKO
ENGINEERING STATEMENT
The engineering data contained herein has been prepared on behalf
of KNAB, INC., in support of its Comments and Counterproposal in MM Docket
No. 94-134.
In this proceeding it is proposed that FM Channel 257Cl be
allotted to Burlington, Colorado, as its second FM service. KNAB counter
proposes that Channel 257Cl be allotted to Brewster, Kansas, instead.
Attached hereto is a tabulation showing that all spacing requirements would
be met from a reference site with coordinates of 39
0
21' 42", 101
0
22' 36",
which are the coordinates for the center of Brewster. It may seen from
this tabulation that there is ample leeway for site selection.
I declare under penalty of perjury that the foregoing statements
and the attached tabulation, which was prepared by me, are true and correct
to the best of my knowledge and belief.
NEIL M. SMITH
January 11, 1995
WASHINGTON, D.C.
SMITH AND POWSTENKO
ALLOCATION STUDY
PROPOSED CHANNEL 257C1
BREWSTER) KANSAS
Separation in Kilometers
Channel
Nearest Allotment(s)
Required Actua1
Difference
203A KGNU, Boulder, Colo.
22 332
+310
204A KLNE-FM,
Lexington) Nebr. 34
200 +166
254C1 KSID- FM,
Sidney, Nebr. 82
255 +173
255C1 KKPR-FM,
Kearney, Nebr.
82 275
+193
256C1 KJIL, Copeland,
Kans. 177
220 +43
257A KUTT) Fairbury)
Nebr. 200
379 +179
258C1 KHAZ)
Hays) Kans.
177 181
+4
259Cl KOGA-FM, Ogallala)
Nebr. 82
189 +107
260C1 KWKR) Leoti) Kans.
82 121
+39
W....HINGTON. D.C.
ClBT:rr:rCAD or sIRna:
I, Mary A. Haller, a secretary in the law firm of Fletcher,
Heald & Hildreth, P.L.C., do hereby certify that true copies of
the foregoing "Comments and Counterproposal" were sent this 12th
day of January, 1995, by first-class United States mail, postage
prepaid, to the following:
Bruce Corman
Kay Hanley
Charley P. Barnes
c/o Charley P. Barnes
524 15th Street
Burlington, CO 80807
~a.~
Mary~-a-l";;'l-e-r------