5 FCC Red No. 1 Federal Communications Commission Record DA 89·1622 petitioner's specified site in accordance with the spacing Before the requirements provided Channel 280A is deleted at Ogden, Federal Communications Commission Kansas. 3 Channel 280A is licensed to Kaw Valley Broad­ Washington, D.C. 20554 casting Co., Station KOLA-FM. Kaw Valley, in response to the Order To Show Cause, has agreed to the substitu­ tion of Channel 278A for 280A, provided it is reimbursed for its expenses in changing channels. KNZA has stated its MM Docket No. 87·36 willingness to reimburse Kaw Valley Broadcasting Co. for all reasonable expenses. Because the need to consider In the Matter of Channel 278A as an alternate channel at Ogden only arises as a result of the Channel 280 upgrade at Hiawatha, Amendment of Section 73.202(b), RM-5503 KNZA will be solely responsible for reimbursement. Channel 278A can be allotted to Ogden, Kansas, in com­ Table of Allotments, RM-5923 pliance with the Commission's spacing requirements.4 FM Broadcast Stations. 5. Accordingly, pursuant to the authority contained in (Hiawatha, Manhattan and Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Ogden, Kansas) 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 February 20, 1990, the FM REPORT AND ORDER Table of Allotments, Section 73.202(b) of the Commis­ (Proceeding Terminated) sion's Rules, IS AMENDED for the community listed below, to read as follows: Adopted: December 13, 1989; Released: January 3, 1990 City Channel No. By the Chief, Allocations Branch: Hiawatha, Kansas 280C2 1. The Commission has before it for consideration the Manhattan, Kansas 268C2, 284C2 Notice of Proposed Rule Making, 2 FCC Red 1517 (1987), Ogden, Kansas 278A issued in response to a petition filed by KNZA, Inc. (KNZA) and an Order To Show Cause, 4 FCC Red 3795 ' (1989), directed to Kaw Valley Broadcasting Co. (Kaw 6. IT IS FURTHER ORDERED, pursuant to the au­ Valley). The Notice proposed the substitution of FM thority contained in Section 316 of the Communications Channel 268C2 for Channel 280A at Hiawatha, Kansas, Act of 1934, as amended, that the license of KNZA, Inc. and modification of the license for Station KNZA-FM. for Station KNZA-FM, Channel 280A, Hiawatha, Kansas, The Order To Show Cause directed Kaw Valley Broadcast­ IS MODIFIED TO SPECIFY operation on Channel ing to show cause why its channel should not be changed 280C2, and the license of Manhattan Broadcasting Co., for from 280A to 278A. Kaw Valley Broadcasting Co. and Station KMKF, Channel 269A, Manhattan, Kansas, IS Solomon Valley Broadcasting, Inc., filed comments in MODIFIED TO SPECIFY operation on Channel 268C2, response to the Order To Show Cause .1 subject to the following conditions: 2. In response to the Order, Kaw Valley states that it does not object to the modification of its license for (a) Within 90 days of the effective date of this Station KOLA, Ogden, provided it is reimbursed for the Order, the licensee shall file with the Commission a reasonable costs associated with accomplishing the chan­ minor change application for construction permit nel change. Kaw Valley does request that the Commission (Form 301), specifying the new facility. explicitly state which licensee or licensees will be respon­ (b) Upon grant of the construction permit, program sible for reimbursing it. tests may be conducted in accordance with Section 3. Solomon Valley Broadcasting, Inc., licensee of Sta­ 73.1620. tion KVSV-FM, Beloit, Kansas, filed comments supporting (c) Nothing contained herein shall be construed to the action proposed in the Order To Show Cause, insofar authorize a major change in transmitter location or as it will create a favorable outcome of the Rule Making to avoid the necessity of filing an environmental to upgrade Channel 288A to Channel 288C2 at Beloit. impact statement pursuant to Section 1.1301 of the 4. After consideration of the record in this proceeding, Commission's Rules. we believe it would serve the public interest to allot Channel 268C2 to Manhattan, Kansas, and Channel 7. IT IS FURTHERED ORDERED, That pursuant to 280C2 to Hiawatha, Kansas, while substituting Channel Section 316(a) of the Communications Act of 1934, as 278A for Channel 280A at Ogden, Kansas. Channel amended. the license of Kaw Valley Broadcasting Co., for 268C2 can be allotted to Manhattan, Kansas, in compli­ 2 Station KOLA, Channel 280A, Ogden, Kansas, IS MODI­ ance with the Commission's spacing requirements. We FIED TO SPECIFY operation on Channel 278A, subject shall modify the license for Station KMKF to specify to the following conditions: operation on Channel 268C2 in lieu of Channel 269A in accordance with Section 1.420(g) of the Commission's Rules. We shall also substitute Channel 280C2 for Chan­ (a) Nothing contained herein shall be construed as nel 280A at Hiawatha, Kansas, and modify the license of authorizing any change in License BLH-860220KB Station KNZA-FM to specify operation on Channel 280C2 except the channel as specified above. Any other in accordance with Section 1.420(g) of the Commission's changes, except for those specified under Section Rules. Channel 280C2 can be allotted to Hiawatha at 49 DA 89-1622 Federal Communications Commission Record 5 FCC Red No. 1 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with License BLH-860220KB except for the channel as specified above and a license application (FCC Form 302) is filed within 10 days of com­ mencement of program tests. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 634-6530. FEDERAL COMMUNICATIONS COMMISSION Karl Kensinger Chief, Allocations Branch Policy and Rules Division Mass Media Bureau FOOTNOTES 1 In addition, Valley Broadcasting, Inc. ("Valley"), filed a petition for Leave to file comments and comments. KNZA, Inc. filed a response to Valley's late comments. Valley filed a supple­ ment to its comments. Webster Communications Company filed a petition for Leave to file reply comments and reply comments. Solomon Valley Broadcasting, Inc., filed an informational sup­ plement. Valley filed a petition for leave to supplement com­ ments and supplemental comments. Valley, the licensee of station KOMJ-FM, Atlantic, Iowa, requests that we either de­ cline to allot Channel 280C2 to Hiawatha or site restrict that allotment so as to allow Valley to change its transmitter site to the Crown Point antenna farm in Omaha, Nebraska. Valley requests this change to remedy intermediate frequency interfer­ ence allegedly caused to its signal in the vicinity of Crown Point by a colocated television Channel 6 station and FM Channel 253 at Crown Point. Recognizing that from this antenna site Valley could not provide city grade coverage to Atlantic, Valley re­ quests either a waiver of the Commission's city grade coverage requirements or that the Commission consider realloting its channel to Omaha "or some other community which will per­ mit colocation," such as Council Bluffs, Iowa. Valley's untimely pleadings were filed well after the comment date in this pro­ ceeding. Insofar as they request reallotment of KOMJ-FM's channel from Atlantic to another community, they constitute an untimely counterproposal in this proceeding. Insofar as they request a waiver of city grade coverage requirements, Valley's request should be advanced by the filing of an FCC Form 301 to change transmitter location. In either event, we will not impose the requested site restriction in this proceeding. 2 The coordinates for Channel 268C2 at Manhattan are 39-16-01 and 96-28-01. 3 The coordinates for Channel 280C2 at Hiawatha are 39-40-18 and 95-28-54. 4 The coordinates for Channel 278A at Ogden are 39-09-21 and 96-36-44. 50 .