Federal Communications Commission DA 05-727
Before the
Federal Communications Commission
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Washington, D.C. 20554
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In the Matter of 1
1
Amendment of Section 73.202(b), ) MBDocketN0.05-125 . ' ,_
FM Broadcast Stations. )
(Weaverville, Palo Cedro, 1
and Alturas, California) )
Table of Allotments, ) RM-11176
NOTICE OF PROPOSED RULE MAKING
Adopted: March 16,2005
Comment Date: May 9,2005
Reply Date: May 24,2005
By the Assistant Chief, Audio Division, Media Bureau:
Relessed: March 18,2005
1. The Audio Division has before it for consideration a Petition for Rule Making filed by George S.
Flinn, Jr. ('Wind'), licensee of Station KWCAo, Channel 266A, Weaverville, California. Pursuant to
Sections 1.420(g) and (i) of the Commission's rules,' Flinn proposes to upgrade and change the community
of license for Station KWCA(FM) to Channel 266(33 at Palo Cedro, California.* Flinn further proposes two
allotment changes at Alturas, California. First, in order to accommodate the allotment of Channel 266C3 at
Palo Cedro, Flinn proposes to downgrade vacant Channel 267C and substitute Channel 268C1. In addition,
Flinn proposes a new allotment of Channel 277C at Alturas. Flinn states that, should the Commission grant
the allotment changes proposed in his Petition for Rule Making, he will file the necessary applications and
take all necessary actions to construct the facilities for Station KWCAO, Channel 266C3, Palo Cedro,
California, and for new Channel 277C at Alturas, California.
2. Flinn represents that the proposed allotment of Channel 266C3 at Palo Cedro is mutually
exclusive with the current allotment of Channel 266A at Weaverville. Flinn states that the proposal would
not remove the sole local service from Weaverville, which would continue to be served by Station KHRD-
FM, Channel 276C2, Weavenille, California. Mod$calion of FM and TVAuthorim'ow to Specify a New
Community of License3 establishes that, in evaluating a change. of community proposal, we compare the
existing versus the proposed arrangement of allotments using the FM allotment priorities set forth in
Revision of FM Assignment Policies and Procedures? Under those priorities, the allotment proposal
~ ~~
47 C.F.R. $5 1.42O(g) and (i).
In order to acconrmodate the allotment of Channel 2E3 at Palo cedro, Flinn proposed to downgrade Channel 264C1
to Channel 264B at Corning, California It is wt necessary to consider the downgrade at Coming as part of this
rulemaking, because the FM Table of Motments has already been changed to reflect the licensed Channel 264B for FM
Station ICTHU at Coming. See Susanville, Quincy, Coming, and Ponoln, California, DA 04-3515, MB Docket No. 04-
164 (released November 5,2004).
1
4 FCC Rcd 4870 (1989), recon.granted in pan,, 5 FCC Rcd 7094 (1990).
90 FCC2d 88.91-92 (1982). The FM allotment priorities are the following: (1) First full-time aural service; (2)
Second full-time aural service; (3) First local service; and (4) Other public interest matters. Equal weight is given to
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Federal Communicatiom Commission DA 05-727
would satisfy priority three by providing a first local service to Palo Cedro, whereas the existing
allotment of Channel 266A at Weaverville would, at best, satisfy priority four, ?other public interest
matters.?
3. The existing 70 dBu contour for Channel 266A at Weaverville does not cover any portion of
any urbanized area, but the proposed upgrade and change of community to Channel 266C3 at Palo Cedro
would cover 88 percent of the Redding, California, Urbanized Area. For that reason, a Tuck analysis
must establish that the proposed allotment at Palo Cedro should be considered a first local service?
4. Flinn states that Palo Cedro is a Census Designated Place with a population of 1,247 persons,
and that the proposed upgrade and reallotment would provide service to 152,000 persons over 4,800 square.
kilometers (as compared to 11,800 persons over 2,470 square kilometers, the current service area for Station
KWCAO at Weaverville). Flinn further states that Palo Cedro satisfies at least six of the eight Tuck
criteria, based upon a showing that Palo Cedro has: (a) its own post office and zip code; (b) a wide variety
of available (owned and leased) real estate (both business and residential); (c) a Chamber of Commerce; (d)
a number of restaurants; (e) several shopping centers; (f) numerous churches; (g) its own volunteer fire
department; (h) two banks; (i) a plethora of businesses; and 0) a golf course. Flinn also represents that Palo
Cedro has its own schools, fire department, and its own local organizations. We seek comment on this Tuck
showing as well as any subsequent showing submitted by Flinn in his comments.
5. In order to accommodate the allotment of Channel 266C3 at Palo Cedro, Flii proposes that
the vacant allotment of Channel 267C at Alturas be downgraded and that Channel 268C1 be substituted
for that allotment. The proposal, which does not involve a change in reference coordinates, would
maintain the existing short-spacing to Channel 265C1 at Malin, Oregon.
6. Flm also proposes to allot Channel 277C at Alturas. It appears that this proposed new
allotment is an attempt to remediate a decrease in potential service from the downgrade of Channel 267C
at Alturas; however, because Channel 267C at Alturas is a vacant allotment and no service is currently
provided using that channel, there is no need to address a potential loss of service. In any event, the
allotment of Channel 277C at Alturas is not essential to Flinn?s primary allotment request, i.e., the
upgrade and reallotment of Channel 266C3 at Palo Cedro. For that reason, we will consider the
allotment of Channel 277C at Alturas in a separate rule making proceediig.6
7. The upgrade and reallotment at Palo Cedro and the downgrade and channel substitution at
Alturas could be made with the site restrictions and refmnce coordinates indicated below. Accordingly,
we seek comment on the proposed amendment of the FM Table of Allotments, 47 C.F.R. Section
73.202(b), with respect to Alturas, Palo Cedro, and Weaverville, California:
priorities (2) and (3).
5
FCC Rcd 10,352 (1995).
See Faye and Richard Tuck, 3 FCC Rcd 5374 (1988), and Headland, Alabama and Chattahoochee, Florida, IO
See Alruras, California, MJ3 Docket No. 05-123, DA-715 (released March 18,2005).
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Federal Communications Commission DA 05-727
Community Present Proposed
- Altum, Caliiornia
261C, 293C1,297C7 268C 1,293C 1,297C
Palo C&, California I-
266C3
Weaverville, California
266A. 276C2 276C2
Proposed Coordinates for channel 268C1 at Alturas, California: 41-25-00 NL and 121-06-32
WL, at a site 48.1 km (29.9 miles) west of Alturas.
Proposed Coordinates for Channel 266C3 at Palo Cedro, California: 40-40-04 NL and 122-25-
31 WL,at a site 19.6 Km (12.2 miles) northwest of Palo Cedro.
8. The Commission?s authority to institute rule making proceedings, showings required, cut-off
procedures, and filing requirements are contained in the attached Appendix and are incorporated by
reference herein. In particular, we note that a showing of continuing interest is required in paragraph 2 of
the Appendix before a channel will be allotted.
9. Pursuant to Sections 1.415 and 1.419 of the Commission?s Rules: interested parties may file
comments on or before May 9, 2005, and reply comments on or before May 24,2005, and are advised to
read the Appendix for the proper procedures. Comments should be fied with the Federal
Communications Commission, Office of the Secretary, 445 Twelfth Street, SW, TW-A325, Washington,
D.C. 20554. Additionally, a copy of any filing should be served on counsel for Flinn, as follows:
Stephen C. Simpson, Esq.
1090 Vermont Avenue, N.W.
Suite 800
Washington, D.C. 20005
10. Parties must file an original and four paper copies of each filing. Filings can be sent by hand
or messenger delivery, by commercial overnight courier, or by fust-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal Service mail). The
Commission?s contractor, Natek, Inc., will receive handdelivered or messengerdelivered paper filings
for the Commission?s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.
The filing hours at this location are 8:00 a.m. to 700 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial
overnight mail (other than US. Postal Service Express Mail or Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743. US. Postal Service first-class mail, Express Mail, and
Priority Mail should be addressed to 445 12? Street, SW, Washington, D.C. 20554. AU rdings must be
Station KALT-Fh4, Channel 293C1, is the only local FM station currently providing service at Alturas. Channels
267C and 297C are both vacant allotments.
?See 47 C.F.R. $01.415 and 1.419.
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Federal Communications Commission DA 05-727
addressed to the Wice of the Secretary, Federal Communications Commission. Any filing that is
not addressed to the Office of the Secretary will be treated as filed on the day it is received in the
Office of the Secretary.
Accordingly, failure to follow the speeif~ed
requirements may result in the treatment of a ffing as untimely.
See 47 C9.R. $ 1.7.
11. The Commission has determined that the relevant provisions of the Regulatory Flexibility
Act of 1980 do not apply to a rule making proceeding to amend the FM Table of Allotments, Section
73.202(b) of the Commission?s Rules? This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition,
therefore, it does not contain any proposed information collection burden ?for small business concerns
with fewer than 25 employees,? pursuant to the Small Business Paperwork Relief Act of 2002, Public
Law 107-198.?0
12. For further information concerning any of these proceedings, contact Deborah A. Dupont,
Media Bureau, at (202)418-7072. For purposes of these restricted notice and comment rule making
proceedings, members of the public are advised that no ex parte presentations are permitted from the
time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided
and such decision in the applicable docket is no longer subject to reconsideration by the Commission or
review by any court. An ex parte presentation is not prohibited if specifcally requested by the
Commission or staff for the clarification or adduction of evidence or resolution of issues in the
proceeding. However, any new written information elicited from such a request or any summary of any
new information shall be served by the person making the presentation upon the other parties to the
proceeding in the particular docket unless the Commission specifically waives this service requirement.
Any comment which has not been served on the Petitioner constitutes an ex parte presentation and shall
not be considered in the proceeding. Any reply comment which has not been served on the person(s)
who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not
be considered in this proceeding.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Assistant Chief
Audio Division
Media Bureau
? See Certification that Section 683 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend
Sections 73.202(b), 73.504 and 73.606(b) of the Commission?s Rules, 46 Fed.Reg. 11549 (February 9,1981).
lo See 44 U.S.C. 3506(c)(4).
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Federal Communications Commission DA 05-727
APPENDIX
1. Pursuant to authority found in 47 U.S.C. Sections 4(i), 5(c)(l), 303(g) and (r), and 307(b), and 47
C.F.R. Sections 0.61,0.204(b) and 0.283, lT IS PROPOSED TO AMEND the FM Table of Allotments, 47
C.F.R. Section 73.202(b), as set forth in the Notice of Proposed Rule Making to which this Append& is
attached.
2. Showings Required. Comments are invited on the proposal(s) discussed in the Notice of
Proposed Rule Making to which this Appendin is attached. hoponent(s) will be expected to answer
whatever questions are presented in initial comments. The proponent of a proposed allotment is also
expected to file comments even if it only resubmits or incorporates by reference its former pleadings. It
should also restate its present intention to apply for the channel if it is allotted and, if authorized, to build
a station promptly. Failure to file may lead to denial of the request.
3. Cut-off protection. The following procedures will govern the consideration of filings in this
proceeding.
(a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial
comments, so that parties may comment on them in reply comments. They will not be considered if
advanced in reply comments (see 47 C.F.R. Section 1.420(d).)
(b) Petitions for rule making which conflict with the proposals in this Notice will be considered as
comments in the proceeding, and Public Notice to this effect will be given as long as they are filed before
the date for filing initial comments herein. If they are filed later than that, they will not be considered in
connection with the decision in this docket.
(cj The filing of a counterproposal may lead the Commission to allot a different channel than was
requested for any of the communities involved.
4. Comments and Reply Comments; service. Pursuant to applicable procedures set out in 47
C.F.R. Sections 1.415 and 1.420, interested parties may file comments and reply comments on or before
the dates set forth in the Notice of Proposed Rule Making to which this Appendix is attached. All
submissions by parties to this proceeding or by persons acting on behalf of such parties must be made in
written Comments, reply comments, or other appropriate pleadings. The person filing the comments shall
serve comments on the Flinns. Reply comments shall be served on the person(s) who filed comments to
which the reply is directed. A certificate of service shall accompany such comments and reply comments
(see 47 C.F.R. Section 1.420(a), (b) and (c).) Comments should be filed with the Secretary, Federal
Communications Commission, Washington, D.C. 20554.
5. Number of Copies. In accordance with the provisions of 47 C.F.R. Section 1.420, an original
and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be
furnished the Commission.
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Federal Communications Commission DA 05-727
6. Public Inspection of Filings. All filings made in this proceeding will be available for
examination by interested parties during regular business hours in the Commission's Reference
Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C.
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