9 FCC Red No. 18 Federal Communications Commission Record DA 94-890

Broadcasting has indicated a willingness to reimburse Roy Before the E. Henderson for the reasonable costs of effectuating the Federal Communications Commission channel substitution.4 Washington, D.C. 20554 3. Accordingly, IT IS ORDERED. That pursuant to Sec tion 316(a) of the Communications Act of 1934, as amend ed. Roy E. Henderson. permittee of Station KHEN. Channel 236A, Caldwell, Texas. SHALL SHOW CAUSE MM Docket No. 91-58 why his construction permit should not be modified to specify operation on Channel 297A. In the Matter of 4. Pursuant to Section 1.87 of the Commission©s Rules, Roy E. Henderson may. not later than October 7, 1994. file Amendment of Section 73.202(b), RM-7419 a written statement showing with particularity why his Table of Allotments, RM-7797 construction permit should not be modified as proposed in The Commission may call upon Broadcast Stations. RM-7798 this Order to Show Cause. FM Roy E. Henderson to furnish additional information. If this (Caldwell. College Station party raises a substantial and material question of fact, a and Gause, Texas) hearing may be required to resolve such question of fact pursuant to Section 1.87 of the Rules. Upon review of the statements and/or additional information furnished, the ORDER TO SHOW CAUSE Commission may grant the modification, deny the modi fication or set the matter of modification for hearing. If no Adopted: August 12, 1994; Released: August 23, 1994 written statement is filed by the date referred to above. Roy E. Henderson will be deemed to have consented to a By the Chief, Policy and Rules Division: modification as proposed in the Order to Show Cause and a final Order will be issued if either of the proposed con 1. The Commission has before it the Notice of Proposed struction permit modifications are found to be in the pub Rule Making in this proceeding proposing the substitution lic interest. of Channel 236C2 for Channel 236A at Caldwell, Texas, 5. IT IS FURTHER ORDERED, That a copy of this and modification of the construction permit of Station Order to Show Cause be sent BY CERTIFIED MAIL, RE KHEN to specify operation on Channel 236C2. 6 FCC Red TURN RECEIPT REQUESTED, to the following: 1551 (1991). Bryan Broadcasting. L.C. ("Bryan Broadcast ing"), licensee of Station KTSR, Channel 297C3, College Roy E. Henderson Station. Texas, filed a counterproposal proposing the sub stitution of Channel 236C2 for Channel 297C3 in College c/o Law Offices of Robert Buenzle Station, and modification of its Station KTSR license to 12110 Sunset Hills Road specify operation on Channel 236C2. 1 In order to accom modate this upgrade. Bryan Broadcasting proposed the sub Suite 450 stitution of Channel 297A for Channel 236A at Caldwell. Reston, Virginia 22090 Texas, and modification of the Station KHEN construction permit to specify operation on Channel 297A.2 To enable Bryan Broadcasting, L.C. us to select between these competing proposals in the context of a subsequent Report and Order, we are issuing c/o Fisher, Wayland. Cooper & Leader this Order to Show Cause to the permittee of Station 1255 23rd Street. NW KHEN. Suite 800 2. We believe that both proposals in this proceeding would provide significant public interest benefits. Because Washington. D.C. 20037 changing the channel of Station KHEN is a modification of the construction permit within the purview of Section 316 6. For further information concerning this proceeding, of the Communications Act of 1934, as amended, we are contact Robert Hayne, Mass Media Bureau. (202) 634-6530. issuing an Order to Show Cause to Roy E. Henderson to show cause why his construction permit should not be modified. 3 In accordance with Commission policy, Bryan

1 Public Notice was given on September 11. 1991 (Report No. See Modification of FM Broadcast Licenses to Higher Class 14731). The counterproposal was originally filed by Hicks Co-Channel and Adjacent Channels, 60 RR 2d 114, 120 (1986); Broadcasting Corporation. The Station KTSR license was as See also Clincho. Virginia, 6 FCC Red 3732 (1991). signed to Bryan Broadcasting on April 19, 1992 (File No. 3 On February 15. 1994, Henderson filed a petition for reconsi BALPH-920106HV). deration directed against a January 21, 1994, staff action deleting 2 In view of the fact that the proposed Channel 297A allotment his Station KHEN construction permit. Final action in this at Caldwell is mutually exclusive with its existing Channel proceeding will await resolution of that petition for reconsider 297C3 allotment at College Station. Bryan Broadcasting is seek ation. ing to have its Channel 297C3 authorization modified to 4 A Channel 297A allotment at Caldwell can be accommodated nonadjacent Channel 236C2 as an "incompatible channel swap." at the existing Station KHEN transmitter site (30-33-31 and 96-34-50).

4425 DA 94-890 Federal Communications Commission Record 9 FCC Red NO. is

FEDERAL COMMUNICATIONS COMMISSION

Douglas W. Webbink Chief, Policy and Rules Division Mass Media Bureau

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