Federal Communications Commission s44

Federal Communications Commission DA 00-1322

Before the Federal Communications Commission Washington, D.C. 20554

In the Matter of ) ) Amendment of Section 73.202(b), ) FM Table of Allotments, ) MM Docket No. 99-50 FM Broadcast Stations. ) RM-9425 (Pacific Junction, Iowa) )

REPORT AND ORDER (Proceeding Terminated)

Adopted: June 7, 2000 Released: June 16, 2000

By the Chief, Allocations Branch:

1. The Allocations Branch has before it a Notice of Proposed Rule Making, 14 FCC Rcd 2877 (1999), issued at the request of Warga Broadcasting L.L.C. (“petitioner”) proposing the allotment of Channel 299A at Pacific Junction, Iowa, as the community’s first local aural transmission service. Petitioner filed comments reaffirming its intention to apply for the channel, if allotted. A counterproposal was filed by Mitchell Broadcasting Co. of Iowa, Inc., requesting the allotment of Channel 299C3 in lieu of Channel 299A Pacific Junction, Iowa.1 Petitioner filed reply comments in opposition to the counterproposal.

2. In support of its proposal, petitioner states that Pacific Junction is a incorporated community with a 1990 U.S. Census population of 548 persons. It is governed by an elected mayor and five elected council members. It has officially defined boundaries, a City Hall, adjacent Community Center, and a full-time City Clerk. Pacific Junction has its own Planning and Zoning Board (with five local residents appointed by the mayor), its own City Betterment Committee (with 10-12 local members), a telephone directory, its own telephone number prefix, a post office, a voluntary fire and rescue squad, two churches, a bank, and a number of local businesses and industries.

3. We believe the public interest would be served by the allotment of Channel 299A at Pacific Junction, Iowa, as the community’s first local aural transmission service. An engineering analysis has determined that Channel 299A can be allotted at Pacific Junction in compliance with the Commission’s minimum distance separation requirements to Pacific Junction with a site restriction of 4.5 kilometers (2.8 miles) north to avoid a short-spacing to the licensed site of

1 The counterproposal was not placed on Public Notice. Specifically, an engineering analysis revealed that the allotment of Channel 299C3 at Pacific Junction at the reference coordinates specified (41-08-33 North Latitude and 95-33-39 West Longitude) meets all spacing requirements. However, it does not satisfy the city grade (70 dBu contour) coverage criteria required in Section 73.315(a) of the Commission’s Rules. Therefore, the proposal is technically defective and will be dismissed.

Station KMAJ-FM, Channel 299C, Topeka, Kansas.2

4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61. 0.204(b) and 0.283 of the Commission’s Rules, IT IS ORDERED, That effective July 31, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, as follows:

Community Channel No.

Pacific Junction, Iowa 299A

5. A filing window for Channel 299A at Pacific Junction, Iowa, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.

6. IT IS FURTHER ORDERED, That the counterproposal filed by Mitchell Broadcasting Co of Iowa, Inc., for the allotment of Channel 299C3 at Pacific Junction, Iowa, IS DISMISSED.

7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

8. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. Questions relating to the application filing process should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418-2700.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau

2 The coordinates for Channel 299A at Pacific Junction are 41-03-25 North Latitude and 95-46-50 West Longitude. 2