S COMMISSIO~EC-.VE.'("-' Washington, D.C

Before the FEDERAL COMMUNICATIONS COMMISSIO~EC-.VE.'("-' Washington, D.C. 20554 t:1 ",' FEB 11 2002

"IIJEf!AL C!liollI!JNICATkJIiS COU/oIIb"..u., In the Matter of ) 'lfF1CE Of mE ifCAETl\IIY ) Amendment of Section 73.202 ) RM No. _ of the Commission's Rules ) Table of Allotments ) MM Docket No. _ For FM Broadcast Stations ) (Amboy, CA) )

To: Chief, Allocations Branch

PETITION FOR RULEMAKING

KHWY, Inc. ("KHWY"), by its attorneys, hereby respectfully petitions

the Commission for a modification to the Commission's Table ofAllotments for

FM Broadcast Stations (Section 73.202 of the Commission's Rules) to add an

allotment for Channel 237A to Amboy, California. The proposed allotment will:

• provide the first radio service to a "white area" of 3,680 square kilometers, including significant stretches of heavily traveled Interstate 40 and historic Route 66;

• provide the second radio service to a "gray area" of 1,239 square kilometers, including additional miles of Interstate 40 and Route 66; and

• provide the first local reception and transmission service to the landmark community ofAmboy, California.

Accordingly, the proposed allotment advances the public interest and should be adopted without delay.

~!n, r'f C''']''S 'l'C'da+± LjS~_.._L11Atf_ "DC - :3{17211 - #]440476 v2 (j2--tJ--y- Amboy (And The Many Highway Travelers Who Pass Near Amboy) Have No Current Radio Service.

Amboy is one of the few surviving communities along a nearly 90-mile

stretch of historic Route 66.11 As the highway sign that marks the community

states, Amboy was founded in 1858. 2/ Amboy then became an important Route 66

waystation in the midst of the Mojave Desert, and it still attracts tourists interested

in the westward migration ofthe United States (as well as film crews seeking the

distinctive scenery of a desert community). Amboy has its own post office (with 15

post office boxes and zip code 92304), a motel, a restaurant, and a gas station, and

is the site of a CalTrans railroad yard. 'ill It also is the reason why a nearby

geological landmark - the Amboy Crater - bears that name. '1/

But Amboy has no radio service. It is within a large "white" area,

beyond the predicted service area of even a single radio station. fl.1 As important,

this white area includes several miles of heavily traveled Interstate 40, which

carries an estimated 22,500 motorists per day through the Mojave Desert en route

II See Exhibit 1 (including information regarding Amboy). Historic Route 66 is now designated as the Old National Trail Highway.

2,1 See id. The sign also confirms Amboy's population of 20 year-round residents. Id.

'ill See id.

'1/ See id. fl.1 See Technical Statement at Exhibit 2 ("Technical Statement"). The nearest radio station is assigned to a community that is an estimated 50-plus minutes away from Amboy by car. See Exhibit 3 (projecting travel time between Amboy and Ludlow, California).

2 \DC . :17172/1 - #144047(; v2 to Los Angeles from points east (including the Grand Canyon, southern Lake Mead,

and Flagstaff, Arizona), and an even longer stretch of historic Route 66, which

attracts both travelers and tourists interested in the fabled "Mother Road" of the

American West. fI./ Accordingly, neither residents ofAmboy nor the many motorists

that pass near Amboy have any means to learn of dangerous weather or traffic

conditions or other area news.

The Proposed Allotment Will Satisfy All OfThe Commission's Most Important Allotment Priorities.

The proposed allotment fulfills the Commission's three most important

allotment priorities: 1/

• it eliminates a huge white area by providing the first aural reception service to 3,680 square kilometers, including more than 10 kilometers oflnterstate 40 and more than 25 kilometers of Route 66;

• it eliminates a substantial gray area by providing the first aural reception service to 1,239 square kilometers, including several additional kilometers of Interstate 40 and Route 66; and

• it provides a first local transmission service (and first radio service of any kind) to Amboy, California.

The elimination ofsuch an extensive white area is sufficient reason to

grant the proposed allotment. For 20 years, the Commission has recognized that

"assuring the availability of at least one full-time radio service" is the single most

f!./ See Exhibit 1. Traffic estimates are taken from California Department of Transportation web site, www.dot.ca.gov/hq/traffops/saferesr/trafdata. for Interstate 40 near Essex and Kelbaker Roads.

1/ See, e.g., Thermopolis and Story, Wyoming, 16 FCC Red 13066, 13069 (2001).

3 DC' - ::17172/1 - #1440476 v2 important criterion in determining whether to grant a proposed allotment. fJ.I Here,

the size of the aural white area to be eliminated is without known recent

precedent. ';11 In addition to the residents ofAmboy, the proposed allotment also

would provide a critical first radio service to thousands of travelers on Interstate 40

and historic Route 66. The Commission has properly recognized the importance of

providing a local radio outlet to motorists who depend on such local sources for

emergency news, traffic and weather information, as well as other programming.

For example, in Yermo and Mountain Pass, California, the Broadcast Bureau

granted Class B stations to two communities in the Mojave Desert in order to

provide a first FM radio service to the "transient population" passing through the

area on Interstate 15, a service that the Bureau deemed to provide "much public

benefit." 101 The proposed allotment will ensure that the substantial "transient

population" passing near Amboy has access to the area's first radio service.

The proposed allotment also will provide a second aural reception

service to a large gray area, which currently receives a single aural service. Just last year, in Thermopolis and Story, Wyoming, the Allocations Branch determined that the provision of a second aural reception service to an area of 810 square kilometers, which had a population of 25 persons but apparently did not include fJ.I Revision ofFMAssignment Policies and Procedures, 90 FCC 2d 88, 92 (1982).

';11 Cf Newberry and Muinsing, Michigan, Report & Order, 2 FCC Red 5332, 5332 (Allocations, 1987) (suggesting that substantial white area in upstate Michigan would be served by proposed allotment without detailing size of area).

101 Yermo and Mountain Pass, California, Report & Order and Memorandum Opinion & Order, 45 RR 2d 58, 60-61 (Broadcast Bureau, 1979).

4 DC 37172/1 . #1·H0476v2 part of any highway, benefited the public interest. H/ Here, the gray area to be

eliminated is 50 percent larger than that involved in Thermopolis, and it includes

substantial stretches of two important highways.

Third, the proposed allotment will provide the first local transmission

service to Amboy. Amboy has its own post office, a year-round population, and a

number of businesses. Its location, like that of Mountain Pass, is clearly proclaimed

by a highway road sign, 12/ and its geographic location is specified in generally

circulated road atlases. 13/ Moreover, its relative isolation ensures that Amboy

retains its own sense of community. 14/ Accordingly, Amboy is a "geographically

identifiable population grouping" under Commission precedent and deserves its own

local transmission service. 15/

The attached Technical Statement demonstrates that the Proposal is

consistent with the Commission's technical rules. Also, a statement from KHWY

affirming that it will apply for the allotment if added as proposed is attached.

11/ Thermopolis and Story, Wyoming, Report & Order, 16 FCC Red at 13069.

12/ See Yermo and Mountain Pass, California, 45 RR 2d at 59.

13/ See Exhibit 1.

14/ See, e.g., Cal-Nev-Ari, Boulder City and Las Vegas, Nevada, Memorandum Opinion & Order, 14 FCC Red 17153, 17156-57 (Allocations, 1999) (confirming that small, isolated desert localities may qualifY as communities despite limited population and lack of extensive civic organizations).

15/ Kenansville, Florida, Memorandum Opinion & Order, 10 FCC Red 9831, 9832 (~ 12) (1995).

5 DC :J71i21l·#1440476v2 Accordingly, the Commission should issue an appropriate Notice of

Proposed Rule Making and a subsequent Order adopting the proposed allotment, which will provide thousands of motorists their first aural reception service and

Amboy its first aural reception and local transmission service.

Respectfully submitted,

HOGAN & HARTSON L.L.P.

By: _::-L-!4-O.-rL_' ----=-~ih_·-'----__ Marissa G. Repp F. William LeBeau

555 Thirteenth Street, N.W. Washington, DC 20004·1109 202/637-5600

Attorneys for KHWY, Inc.

February 11, 2002

6 DC - ::)7 J72/1 - #1440476 \'2 1, Howard B. A/lD.er80n, declare as follows:

1. 1 am ~dent of KHWY, Inc. ("KHWY").

2. KHWY ~tends to apply for a colUltruetion permit for Channel,287A to specify operatione for the propolEld community upon adclPtion, of the relevant Notice ofPropoll6d Rule Making. 3. Ifaward~d the construction permit for Cbannel2S7A, KHWY promptlY will oonetruet and operate such facilities.

I hereby decJ.a1i, under penalty ofperjury that the statements made in this declaration are true and accurate to the best ofmy knowledge, information and belief.

4 February IL 2002 EXHIBIT 1

J)C . :171 :'2/1 . #1-140476 \'2

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10 1_- r, ROUTE 66 Eastern California Route Daggett to Needles

Get your kicks... on Route... 66

Update: Photos of Ludlow and the Bagdad Cafe in Newberry Springs after the Oetoher 16, 1999 7.0 Hectc \ii]j('s earthquake.

I he' I:hl,lrdch of the California Route ()I) as you head eastward begins in Daggl'tt. 'iou arc lirsl greeted by au abandoned building. origins :lIlknowl\ (lCYlH! have any Illlc' regarding this building. please drop me a IirK 1Il1,) much appl'eciated) Coming up the streel is Mug \Vumps, \\'i11 h ~-lppi..:'arS to be a rescller of sorts. If )iOll need to make a SlOp aSYOll :r:oci through. Daggett Gas Station is available h)r gas tank fill-ups and l)aOHelt Restaurant for stomach lill-ll s. iiI" '. :. . Iii:

\lug\\lIIl1PS J)agg(~tl Gas Baggett Restaurant- "l\'lyster}- Building"

Aner :H1other unknown abandoned building is Andl'l'son's Chevron. with petrol pumps currcntly surrounded by wceds and brush. Anderson's closed around 1997.

1'lIknowll Building

Newberry Mllrket Anderson's Cht'\TOn The Barn

http://roadsidepeek.com/rte66/eastca/index.htm 2/5/2002

------'--- Roadside Peek: Route 66 - Eastern California Page 2 of5

Across tne street lrom tnl,; Ol(t petrol pump IS Cliewncrry IVlarKct, an un!l.lrgeltabk place to stop and n'eshen up. As you travels towards the caster edge of Daggett a brighl red building named The Barn lool!1s up. Stop by i YOII're ready lor some cocklails and dancing or ifyonjnst wanl to shoot some pool or throw darts. fired from your late night out on the town, stop for the night al the Henning Motel.

Benning .I\lotel U/wn .'!wllk\ {O Ah'l,c LC(Jkcr f{jF idenflji,'illg Andersoll 's C'hcvrolet (fnd providing injiJ)

! he ne\1 stretch in your travels is Ihe \Jcwherry Bagdad Route 66 run, a 'lICe stretch 01' straightaway highway. Bcl()re you get too t~lr, eheck into the Bagdad Cafe, the site ofthe movie ol'the same namc. Although the real Hagdad cafe is further up the road, Ihis sitc is frill ofgood stories. Just a llllndrcd yards up the strect is an old auto garage called Touys. Gas pumps :11 decenl condition still stand guard over a Elding huilding. Traveling out "f Ihis arca. you'll cncolmtcr Ihe Bagdad lIut. a huilding with a definite ['"Iyncslan look to it.

==:~... I·' . .. ! "Ii . .... W"''f

The next town you'll encounter is Ludlow. But belore you can reach Ludlow, you'll sec the Pisgah Crater on the right side ofthe street. This volcanic looking dune is easy to ll1istakcl()l' the Amboy Crater, so be careful.

!cudl"" is 'J town that contains a new section slill bustling with activity as well as "Id area full of nostalgia. Llntering Ludlow, you lirst pass a Dairy Queen, luck under Hwv-40, 'll1d run straight into the newer 'lrca. Located here is Ludlow Vlotel, a (lara 'C, and a Coffee Shop.

Ludlow Motel Ludlow Coffee Shop Dairy Queen G"r"g('

http://roadsidcpeek.com/rte66/eastca/index.htm 2/5/2002 Roadside Peek: Route 66 - Eastern California Page 3 of5

A hundred feet further down the road is the old section ofLudlow, including an old garagc, an old gas station, and the original Ludlow Cafc. Next on the tri), Ambo '.

Old Ludhm Cafe, Ludlow Old Garage Old Gas Station ! he Inp towards the town o!" Amboy is hill of hill and surprises, nul the least o!"whieh is the Amboy Cratcr stopping POIl1t. : cgcnd has it that the Amboy Crater (Ol1ce an active volcanic was used in a practical joke many years ago Ihat eventually ,'\ acuatcd Ihe entire town o!" Amboy. Take a look at the road when you stop here /i)r the crater, as in it arc memories ofman) a traveler. tvleanwhile, take a peck at the trains as /\mboy Crater they whiz past.

When you reach the town of Amboy, you are greeted by one ofthe most photographed signs and structures around, Roy's Motcl and Cafc.The familiar astro-googie signage and modernistic buildin 's invite travelers in Ii.)r some gas, li.)od, and Jod'in .

Ro~" \Iotel

I he Amhoy School is right le't door. enHently out of ,,"SIOI1. and presumably out of '~;:'is)()n !()f' smne time 10 onlC. Ncarby is the Alnboy Church l111d Post Office. ::\mbo:, School Amboy Church I'osl (lflke

Ihe Jaslleg ofthe Eastern Californiajourney takes you to the town or Needles. Along the way on the Mother Road, check out the old and shut down Roadrunncr Restaurant. This restaurant appears to h;we heen quite a stop in its heydey, ifthe immensity ofthe roadside marquee means anything.

n(.adnlHncr ReSl<1urant

http://roadsidepeek.comJrte66/eastca/index.htm 2/5/2002 Roadside Peek: Route 66 - Eastern California Page 4 of5

In "eedles, the Wagon Wheel Restaurant is a great stop Il)r a bite to eat or to do ,,)me s('uvenir shopping. Another place illr t()od is Hui's Restaurant (formerly Denny'sl up ncar the hend Mthe road. Best Chalet Inn is right next door to Hui's in case you ovcreat and need to quit for the night.

Needles Sign Ilui", Re

\lure slecplllg yuartcrs hcekoll to the we;)ry travel as you reach the end ofNeedles. Motels along this pike 'llellJ(k the. Le Brun Motd, Kiva :Vlott,l, , EI Rancho Motel, Western Motel, and the Sage Motel,

Le llrun Motel Kh a .\lotel IiI RalldlO Motel Sage Motel

Found at the far edge of Needles is the 66 Motel. Car trouble'! West Point Towing ofkrs service and a keen astro-Iooking building stmeture. Hungry? Grab some mexican food at Rita's and sneak a peek at its unique signage.

(Left) \Vest Point Towing

.., ,., or. _ ~ (Right) J{ita's\'lcxican Food

''-'''~J ..i:) HuaJsld,~I'~e' ~cm

6i1 Vlotel

"'li arc nl)W ready to enter Roadside Peck's AIi.~ona Section with a start at the Chuckwagon Restaurant.

Home Route 66 Main I What's New IComing Soon I Contact

pd,HCd April 30. 2000

http://roadsidepeek.com/rte66/eastealindex.htm 2/5/2002 EXHIBIT 2

DC . :17 I72IJ -# 1440476 vZ ENGINEERING STATEMENT RE PETITION FOR RULE MAKING TO AMEND FM TABLE OF ALLOTMENTS TO ALLOT CHANNEL 237A (95.3 MHZ) AT AMBOY, CALIFORNIA

FEBRUARY 2002

COHEN, DIPPELL AND EVERlST, P.C. CONSULTING ENGINEERS RADIO AND TELEVISION WASHINGTON, D.C.

._- - --_. - --~-._------AMBOY, CALIFORNIA PAGE I

This engineering statement has been prepared on behalfofKHWY, Inc. in support ofits proposal to allot FM Channel 237A (95.3 MHz) to Amboy, California. The community of

Amboy is located along Interstate Route 40, approximately 38 krn southeast ofLudlow in

San Bernardino County, California.

The following amendment to the FM Table ofAllotments, Section 73.202(b) ofthe

Commission's rules is proposed.

Community Present Proposed

Amboy, California 237A

At present there is no other AM, FM or TV station licensed to Amboy, California. The proposed allotment ofChannel 237A would enable the community ofAmboy to have its fIrst local transmission service.

An engineering study indicates that there is a large fully-spaced area near Amboy where an antenna site for Channel 237A can be located to meet the Commission's minimum distance requirements specifIed in Section 73.207 ofthe rules. The attached Exhibit E-I shows the minimum distance arcs from the pertinent FM stations and the fully-spaced area with regard to the proposed allotment ofChannel 237A to Amboy, California. A reference site has been selected within the fully-spaced area from where a city grade coverage can be provided to all ofAmboy,

California based on maximum Class A facilities. The geographic coordinates ofthe proposed

Channe1237A reference site are as follows:

North Latitude: 34 0 36' 00"

West Longitude: 115 0 40' 52" AMBOY, CALIFORNIA PAGE 2

The attached Exhibit E-2 is a USGS 7.5 minute series map (Amboy, CAl which shows the reference site for the proposed allotment ofChannel 237A. A review ofthis map indicates the reference site does not appear to be located near any sensitive enviromnental area as defined in

Section 1.1307(a) ofthe Commission's rules. It is also not located within any U.S. Forest or Park area or near any airport. Therefore, it is feasible to locate the proposed Channel 237A operation at the reference site. The map also indicates a radio tower is already located at this site.

The attached Table I shows the actual and required distances from the reference site to the pertinent FM stations. Table I indicates the reference site meets the minimum required distances to all FM stations according to Section 73.207 ofthe Commission's rules.

The attached Exhibit E-3 indicates that a City Grade (3.16 mY/m) signal can be provided to all ofAmboy, California from the reference site based on 16 km uniform coverage circle, which reflects maximum Class A facilities of6 kW effective radiated power and 100 meters antenna height above average terrain.

The attached Exhibit E-4 shows the number ofother aural services within the 1.0 mY/m contour service area ofthe proposed Amboy allotment. Exhibit E-4 indicates that there are currently no aural services available within 50 percent ofthe proposed Amboy service area. This

"white" area includes 24 people (2000 census) and 3,680 sq. km area as well as 10.5 km of

Interstate Highway Route 40 and 25.6 km ofold Route 66. The rest ofthe proposed Amboy service area has currently only one aural service. This "gray" area includes 3 people (2000 census) and 1,239 square km area. As such, the proposed operation ofChannel 237A at Amboy would enable an aural service to populated areas that currently has either none or one aural service area.

------TABLE I FM ALLOCATION SITUATION FOR THE PROPOSED 237A OPERATION AT AMBOY CALIFORNIA JANUARY 2002

Geographic Distance Channel Call CitY/State Coordinates Actual Required Ian km 237A Prop. Allot. Amboy, CA 34°36'00" 115°40'52" 234CO Prop. Allot. Searchlight, NY 35°56'50" 160.1 86 115°03'01" 234Cl KFLG-FM Kingman, AZ 35°01 '58" 129.6 75 CP 114°21'57" 234C KFLG-FM Kingman, AZ 35°06'40" 173.7 95 Lie. 113°53'08" 234B KTWV-FM Los Angeles, CA 34° 13'29" 222.9 69 Lie. 118°03'47" 234A KLOB-FM Thousand Palms, 33°51 '56" 106.9 31 Lie. CA 116°25'58" 235BI KKBK-FM Baker, CA 35°26'10" 95.4 48 CP 115°55'25" 235B KBZT-FM San Diego, CA 32°50'17" 243.6 69 Lie. 117°14'57" 236C2 KTTI-FM Yuma, AZ 32°38'31 " 240.8 106 CP 114°33'34" 236B KFRG-FM San Bernardino, 34°11'51" 154.2 113 CP CA 117°17'10" 236A KNYE-FM Pahrump, NY 36°11'52" 180.2 72 CP Mod. 116°02'08" 236C Allot. Yuma, AZ 32°43'31 " 229.9 165 114°37'25" 236C2 KTTI-FM Yuma, AZ 32°38'31 " 240.8 106 114°33'34" 236B KFRG-FM San Bernardino, 34°11'51" 154.2 113 CA IITI7'IO" 237B Allot. Tecate, BN 32°32'05" 246.1 163 116°38'58" TABLE I FM ALLOCATION SITUATION FOR THE PROPOSED 237A OPERATION AT AMBOY CALIFORNIA JANUARY 2002 (continued)

Geographic Distance Channel Call CitY/State Coordinates Actual Required km krn 237Ll NEW El Centro, CA 32°47'47" 200.3 67 App. 115°34'30" 237LI NEW El Centro, CA 32°48'27" 199.3 67 App. 115°32'18" 238Ll NEW Calexico, CA 32°40'42" 213.9 56 App. 115°29'23" 238B KLOS-FM Los Angeles, CA 34°13'37" 223.1 113 Lie. 118°03'58" 238C KWNR-FM Henderson, NV 36°00'31 " 167.9 165 Lie. 115°00'22" 238C KLOS-FM Los Angeles, CA 34°13'36" 223.2 113 Lie. 118°03'59" 239C3 ADD Parker, AZ 34°08'49" 137.8 42 Prop. Allot. 114°17'10" 239Ll New Ehrenberg, AZ 33°37'18" 153.6 29 App. 114°30'12" 239LI NEW Salinas, CA 34°49'14" 101.0 29 App. 1J4036'43" 239B KOCL-FM Carlsbad, CA 32°50'24" 243.3 69 Lie. 117°14'52" 290C None within 100 km 29 291B KPLM Palm Springs, CA 33°52'14" 95.3 15 116°13'39" \34 0 37'30"

SITE COORDINATES NAD 27

NORTH LATITUDE: 34 36' 00" WEST LONGITUDE 115 40' 52"

11- m o

1 q 10 o 1 c; I -I

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Welcome, Guest User Create My Locations - Sign In Yahoo! Maps - Driving Directions

Starting from: Ludlow, CA Email Directions Arriving at: * Amboy, CA Get Reverse Directions Distance: 37.0 miles Approximate Travel Time: 53 mins Text Only Driving Directions

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Directions Miles I. Go East on 1-40 EAST to local road. 15.4 2. Go East on local road. 21.6

When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning.

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