WPC! 2BVTZ 3|P)?xxxXwXx6X@DQX@HP LaserJet 4/4MPostScriptonal)HPLAS4.WRSSx  @UQ,, U@2<@RP Z@3|PTimes New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)HP LaserJet 4/4MCL) (Additional)HPLAS4.WRSSXP\  P6Q,, UXP"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2@n@N @ "5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS X- I. 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R)  Xr -FIRST REPORT AND ORDER  X[ -TPx` ` (Proceeding Terminated)     X--X` hp x (#%'0*,.8135@8:provide a second local FM service at Oro Valley on Channel 277A,Х yOb- xԍThe 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 C1 first adjacent channel allotments. Desert West offers the  xalternate 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.   mx3. Desert West's counterproposal Option I seeks to invoke the provisions of Section  x1.420(g) and (i) of the Commission's Rules, which permits the modification of a station  xauthorization to specify a higher class channel and/or a new community of license without  XH- x[affording other interested parties an opportunity to file competing expressions of interest. See  X3- xModification of FM and TV Authorizations to Specify a New Community of License, ("Change  X - xof Community R&O"), 4 FCC Rcd 4870 (1989), recon. granted in part, ("Change in Community  X - x[of License MO&O"), 5 FCC Rcd 7094 (1990). In support of Option I, Desert West advises that  xthe reallotment to the incorporated community of Florence is mutually exclusive with its existing  xauthorization at San Carlos. The distance between San Carlos and the Desert West's specified  x>site at Florence is 36.7 kilometers (23 miles) whereas a distance of 224 kilometers (139 miles)  X - xis required in this instance.  Х yO- xԍCoordinates specified by Desert West for a transmitter site at Florence are 330330 and 1104700. Coordinates at the authorized site of Station KCDX(FM) at San Carlos are 332313 and 1104425. In further support of its proposal Desert West states that adoption  xLof Option I is in the public interest and would result in a preferential arrangement of allotments  X- xconsistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992), xХ yO- xKԍThe allotment priorities are (1) first fulltime aural service; (2) second fulltime aural service; (3) first local service; and (4) other public interest matters. (Coequal weight is given to priorities (2) and (3).)  Xl- xas the reallotment from San Carlos (population 2,918) lХ yO-ԍPopulation figures reported herein were taken from the 1990 U.S. Census unless noted otherwise. to Florence (population 7,510) would  xprovide the latter community with its first local aural transmission service and would enable it  xto upgrade the facilities of Station KCDX(FM) to Channel 276C1. In support of Option I, Desert  xWest advises that Florence is a county seat, and is not associated with any Urbanized Area.  xDesert West also states that the proposed city grade contour (70 dBu) of Station KCDX(FM)  X- xat Florence will not reach any Urbanized Area, citing Headland, Alabama and Chattahoochee,  X-Florida, 10 FCC Rcd 10352 (1995).   >x4. Further, Desert West states that although Option I contemplates the removal of the sole  xlocal potential service at San Carlos, no loss of existing service will result from its proposal as  X- xStation KCDX(FM) has never been operative, citing Sanibel and San Carlos Park, Florida, 10  Xu- xFCC Rcd 7215 (1995); Pawley's Island and Atlantic Beach, South Carolina, 8 FCC Rcd 8657  X`- x(1993); and Glencoe and LeSueur, Minnesota, 7 FCC Rcd 7651 (1992). Desert West reports that  x{San Carlos will continue to receive reception services from a minimum of twelve (12) AM  xstations, and three FM stations, including KCDX(FM). Moreover, Desert West asserts that the"4` ,-(-(ZZ"  x<reallotment and upgrade will enable Station KCDX(FM) to increase the degree of coverage within  x]its 1 mV/m contour from its present theoretical level of 24,775 persons to a population of  x101,535. Finally, Desert West states that if Option I is adopted, it will promptly file applications  x<for the contemplated facilities, and will proceed to prompt construction thereof upon Commission approval of its applications.   "x5. As to the requested deletion of Channel *276A at Comobabi to accommodate the  xkproposal for Channel 276C1 at Florence, Desert West reports that the channel has remained  xfallow since its allotment to Comobabi over 10 (ten) years ago. Therefore, Desert West urges  x\that not only would the deletion be justified, but it is questionable whether any party could  xestablish community status for Comobabi since it is not listed in the U.S. Census. Nevertheless,  x-in the event the Commission wishes to retain the noncommercial allotment, petitioner asserts that  X -Channel *275A could be substituted for Channel *276A at Comobabi. xx  X -   x6. Desert West urges that in the event the Commission is unable to adopt its proposal  xto provide a first local transmission service to Florence, adoption of Option II would enable it  xlto upgrade its Station KLQB(FM) at Oracle, Arizona, to Channel 277C3. Additionally, to  xaccommodate the Oracle, Arizona, modification, Desert West proposes the allotment of Channel  x275A to Avra Valley, Arizona, as that community's first local aural transmission service. As both  xproposed Channel 277C3 at Oracle and Channel 275A at Avra Valley conflict with the proposed  xjallotment of Channel 277A at Oro Valley, Arizona, Desert West again offers that Channel 270A  x-could be allotted to Oro Valley to accommodate the petitioner's request. Desert West states that  xin the event Option II is adopted in lieu of Option I, it will file applications to upgrade Station  xKLQB(FM) at Oracle and to implement a first local transmission service at Avra Valley.  xZHowever, of the two options presented, Desert West stressed a strong preference for adoption of  xOption I. Therefore, and in the absence of any opposing comments, we will consider only Option I of Desert West's counterproposal herein.   x7. Initially, as indicated above, since the petitioner's proposal to allot Channel 277A to  xyOro Valley and the Florence, Arizona, aspect of Desert West's proposal are mutuallyexclusive,  xDesert West proposed the alternate consideration of Channel 270A at Oro Valley in an effort to  x=satisfy the petitioner's desire to provide a second local FM service to that community. A staff  x=engineering study has determined that Channel 270A can be allotted to Oro Valley consistent  xjwith the technical requirements of the Commission's Rules. However, Oro Valley as well as the  x\communities involved in Desert West's proposal are within 320 kilometers (199 miles) of the  xUnited StatesMexican border, thus necessitating concurrence in the proposals by the Mexican  xgovernment. At this time, we have obtained such approval with respect to each of the  xcommunities set forth in Desert West's proposal with the exception of the proposed allotment of  X"- x\Channel 270A to Oro Valley.W X"Х yO%-ԍAlthough the Commission received concurrence to the petitioner's request to allot Channel 277A to Oro Valley,  xit has been superceded by Desert West's counterproposal. In the event Desert West had not offered alternate channel  x270A for consideration at Oro Valley, but rather had chosen to proceed on a comparative basis, its proposal would"& ,-(-(&"  xihave prevailed in any event pursuant to the Commission's allotment priorities regardless of whether Option I or  x;Option II was selected. The Oro Valley proposal constitutes a second FM channel request and would provide a third  xilocal service to that community whereas the proposal to allot Channel 276C1 to Florence (Option I) or to Avra  xiValley (Option II) represents a first local service to either community, and therefore ranks as a higher allotment  {O-priority. See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). W Therefore, we are severing Desert West's proposal from this""z ,-(-(ZZf!"  x=proceeding since it no longer conflicts with the Oro Valley proposal, and no oppositions to its proposal were received.   Nx8. Based upon the information presented, we will reallot Channel 276C2 from San Carlos  xto Florence, Arizona, as a Class C1 channel, since it will result in a preferential arrangement of  X- x\allotments pursuant to the Commission's change of community procedures. See Change of  Xx- xCommunity, supra. Florence, which is not within nor adjacent to an urbanized area will receive  xits first local aural transmission service. Moreover, the reallotment and concomitant modification  xLof the petitioner's authorization will afford it an opportunity to provide service to an additional  x76,760 persons within Station KCDX(FM)'s projected 1 mV/m contour at Florence. While we  x\carefully evaluate a proposal that would result in a loss of existing reception service, in this  xinstance Station KDCX(FM) is unbuilt. Therefore, we do not consider its removal from San  xCarlos to present the parallel concerns with loss of service represented by the removal of an  X - xKoperating station, as it does not constitute a service that the public has become reliant upon. See  xSanibel and San Carlos Park, Florida; Pawley's Island and Atlantic Beach, South Carolina; and  X - xKGlencoe and LeSueur, Minnesota, supra. In any event, the populace of San Carlos will continue  xto receive reception services from a minimum of twelve (12) AM stations, and three FM stations,  xincluding KCDX(FM). To accommodate the reallotment and upgrade at Florence, we will also  xsubstitute Channel 292A for Channel 279A at Oracle, Arizona, and modify the license for Station  x=KLQB(FM) to specify operation on Channel 292A. We will also substitute Channel *275A for  X<- xvacant Channel *276A at Comobabi, Arizona, as requested, to accommodate the Florence  X%- xproposal. With respect to the modification of license of Station KLQB(FM), Oracle, no Order  X- xto Show Cause was issued, nor is reimbursement necessary since that facility is also licensed to the Desert West.   x9. Channel 276C1 can be allotted to Florence in conformity with the minimum distance  xseparation requirements of Section 73.207(b) of the Commission's Rules, at Desert West's  xspecified site located 56 kilometers (34.8 miles) east of the community at coordinates 330330  X- xand 1104700. "zХ yO - xԍAlthough this site is located farther from Florence than the maximum distance the Commission normally  xJassumes for the provision of city grade coverage (3.16 mV/m), compliance with the requirements of Section 73.315  x[of the Rules can be attained in accordance with the Commission's standard prediction methods. See Sections  {O #-73.313(d)(1)(3). See also Woodstock and Broadway, Virginia, 3 FCC Rcd 6398 (1988).  Channel 292A can be allotted to Oracle, Arizona, at the licensed site of Station  Xq- xZKLQB(FM), consistent with the technical requirements of the Commission's Rules.XXqd Х yO%- xԍWe note that the allotment of Channel 292A at Oracle is shortspaced to the licensed site of Station  x<KONZ(FM), Channel 292A, Arizona City, Arizona, at coordinates 323743 and 1113409. However, Station  xxKONZ(FM) was modified to specify operation on Channel 293A in the context of MM Docket No. 93211, and"' ,-(-(9'"  xtherefore Channel 292A was deleted from Arizona City, Arizona, effective May 25, 1995. See 10 FCC Rcd 3873  x(1995). Station KONZ(FM) was subsequently issued a construction permit for Channel 293A at coordinates 325004 and 1113815, which is compatible with the use of Channel 292A at Oracle.  Additionally,"q,-(-(ZZ"  xChannel *275A can be allotted to Comobabi, Arizona, in compliance with the technical  xMrequirements of the Commission's Rules. Mexican concurrence was obtained for Channels  X- x276C1, Florence, and Channel * 275A, Comobabi, as specially negotiated, restricted allotments.XХ yOk- xKԍChannel 276C1, Florence, is limited to 23.2 kW ERP and 300m HAAT or the equivalent along the 168.7$  xazimuth 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.   X- Concurrence was also received for Channel 292A at Oracle.gXХ yOt - xԍChannel 292A at Oracle is consistent with the minimum distance separation requirements contained in the 1992  x;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.g   lx10. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  xL(r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and  x0.283 of the Commission's Rules, IT IS ORDERED, That effective March 10, 1997, the FM  xTable of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to the communities listed below, as follows:  X -x` `  Cityhh@hChannel No.  X -x` `  Comobabi, Arizona @h *275A  X -x` `  Florence, Arizona@h 276C1  X -x` `  Oracle, Arizona@h 292A  X-x` `  San Carlos, Arizona@h   !x11. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications  xAct of 1934, as amended, the authorization of Desert West Air Ranchers Corporation for Station  xKCDX(FM) (File No. BPH910516ML), IS MODIFIED to specify operation on Channel 276C1  xat Florence, Arizona, in lieu of Channel 276C2 at San Carlos, Arizona, subject to the following conditions:  F   X- FF  (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;  Xg-  (b) Upon grant of the construction permit, program tests   may be conducted in accordance with Section 73.1620;  X9- and VVJ "9( ,-(-(ZZ{"Ԍ (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.  F x12. 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: x` ` (a) Nothing contained herein shall be construed as authorizing  X -x ` ` any change in Station KLQB(FM)'s license (File No.  X -x ` ` BLH900809KC), except the channel as specified above.  X -x ` ` Any other changes, except those so specified under Section  X -x ` ` 73.1690 of the Rules, require prior authorization pursuant to  X-x ` ` an application for a construction permit (FCC Form 301).xx 0  x x` ` (b) Program tests may be conducted in accordance with the x` ` provisions of Section 73.1620 of the Rules, PROVIDED x` ` the transmission facilities comply in all respects with x` ` license File No. BLH900809KC, except for the channel x` ` as specified above, and a license application (FCC Form x` ` 302) is filed within 10 days of commencement of  X- x` ` program tests. x ` ` x13. Pursuant to Commission Rule Section 1.1104(1)(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  X -community of license and upgrade at Florence, Arizona. pp x14. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  5"ke "!,-(-(ZZ "  5"ke x15. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 4182180. x` `  hh@hpp x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  John A. Karousos x` `  Chief, Allocations Branch x` `  Policy and Rules Division  X -x` `  Mass Media Bureauhpp  xx