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Coal Run, Kentucky, FM Table of Allotments

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Released: August 15, 2014
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Federal Communications Commission

DA 14-1198

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Amendment of Section 73.202(b),

)

MB Docket No. 04-319

Table of Allotments,

)

RM-10984

FM Broadcast Stations.

)

(Coal Run, Kentucky, and Clinchco,

)

Virginia)

)

)

)

MEMORANDUM OPINION AND ORDER

Adopted: August 14, 2014

Released:

August 15, 2014

By the Chief, Audio Division, Media Bureau:

1.

The Audio Division has before it: (1) an Application for Review of the Reconsideration

Decision1

in this proceeding filed July 18, 2011, by Dickenson County Broadcasting Corporation

(“Dickenson County”), licensee of Station WDIC-FM, Clinchco, Virginia; and (2) a Joint Request for

Approval of Settlement Agreement filed February 22, 2013, by Dickenson County and East Kentucky

Broadcasting Corporation (“East Kentucky”), licensee of Station WPKE-FM, Coal Run, Kentucky; (3)

and various related pleadings.2

I.

BACKGROUND

2.

The Reconsideration Decision reinstated and granted a Petition for Rule Making filed by

East Kentucky, upgrading its Station WPKE-FM, Coal Run, Kentucky from Channel 276A to non-

adjacent Channel 221C3 at a new transmitter site, pursuant to Section 1.420(g) of the Commission’s

Rules.3

To accommodate the Station WPKE-FM upgrade, the Reconsideration Decision involuntarily

modified the license for Dickenson County’s Station WDIC-FM to specify operation on Channel 276A in

lieu of Channel 221A. The Reconsideration Decision concluded that the Station WPKE-FM upgrade is

technically feasible and rejected Dickenson County’s argument that a terrain obstruction between Coal

Run and the proposed reference site would prevent delivery of a 70 dBu signal to Coal Run in

contravention of Section 73.315(b).4

3.

Under the terms of the settlement, Dickenson County agrees to the dismissal of its

Application for Review with prejudice, and East Kentucky agrees to the dismissal of its Petition for Rule

Making with prejudice and the cancellation of the WPKE-FM construction permit for Channel

1 See Coal Run, Kentucky, and Clinchco, Virginia, Memorandum Opinion and Order, 26 FCC Rcd 8557 (MB 2011)

(“Reconsideration Decision”).

2 East Kentucky filed an Opposition to Application for Review on August 2, 2011. Dickenson County filed a Reply

to Opposition to Application for Review on August 17, 2011.

3 See 47 C.F.R. § 1.420(g) (permitting the modification of license for a non-reserved band FM station to specify

operation on a higher class, non-adjacent channel through a notice and comment rule making proceeding).

4 See 47 C.F.R. § 73.315(b).

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Federal Communications Commission

DA 14-1198

221C3 at Coal Run. As a result, both stations would return to the channels that they occupied prior to the

initiation of this proceeding.5

II.

DISCUSSION

4.

After reviewing the settlement request, we conclude that it would serve the public interest

because it would resolve a proceeding that has been pending for ten years. We also find that the

settlement complies with Section 1.420(j) because neither party will receive any monetary consideration.

On the contrary, the only consideration is the mutual promises of the parties to withdraw various

pleadings.

5.

In order to implement the settlement, we take various actions. First, we dismiss

Dickenson County’s Application for Review with prejudice.6 Second, we dismiss East Kentucky’s

Petition for Rule Making with prejudice and cancel the WPKE-FM construction permit for Channel

221C3.7 Third, we rescind the Reconsideration Decision. Fourth, we modify the Media Bureau’s

Consolidated Data Base System to reflect as the reserved assignments for the listed stations: (1) Channel

276A in lieu of Channel 221C3 at Coal Run, Kentucky, for Station WPKE-FM; and (2) Channel 221A in

lieu of Channel 276A for Station WDIC-FM, Clinchco, Virginia.

6.

ACCORDINGLY, IT IS ORDERED, that the Joint Request for Approval of Settlement

Agreement filed by Dickenson County Broadcasting Corporation and East Kentucky Broadcasting

Corporation IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

Peter H. Doyle

Chief, Audio Division

Media Bureau

5 As part of this settlement, Dickenson agrees to the dismissal of its Petition to Deny directed against the WPKE-FM

license renewal application (File No. BRH-20120329AFO), and East Kentucky agrees to the dismissal of its

Informal Objection to the WDIC-FM license renewal application (File No. BRH-20110601AAT). We are

concurrently approving the dismissal of these pleadings in a Public Notice.

6 See, e.g., Stanley Group Broadcasting, Inc., Order, 4 FCC Rcd 8031, 8032 (OGC 1989) (approving on delegated

authority a settlement agreement and dismissal of Application for Review); Family Broadcasting, Inc., Order to

Show Cause, 25 FCC Rcd 7591, 7593 (2010) (noting staff dismissal of Application for Review under delegated

authority).

7 See File No. BPH-20111103AIP.

2

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