BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554

In the Matter of ) ) Amendment of Section 73 .202(b) ) MB Docket No. 05-10 Table ofAllotments ) RM-11279 FM Broadcast S.tations ) (The Dalles, Tualatin, Eugene, Albany, Lebanon, ) Paisley, and Diamond Lake, and ) Goldendale, Washington) ) FILED/ACCEPTED

To: Marlene H. Dortch, Secretary SEP 29 2008 Attn.: Assistant Chief, Audio Division, Media Bureau Federal Communications Co . Dtti mmlssion ce of the Secretary

FURTHER SUPPLEMENT TO PETITION FOR RECONSIDERATION

Portland Broadcasting, LLC ("PB"), licensee of Station KXPC-FM, Lebanon,

Oregon, Bicoastal Media Licenses IV, LLC (successor in interest to Columbia Gorge

Broadcasters, Inc. and M.S.W. Communications, LLC), licensee of Station KACI-FM,

The Dalles, Oregon and Station KMSW(FM), The Dalles, Oregon and Extra Mile Media,

Inc., licensee of Station KHPE(FM), Albany, Oregon (collectively, the "Joint

Petitioners"), hereby supplement their Petition for Reconsideration filed on October 27,

2006 in this proceeding. In support oftheir position, the Joint Petitioners submit the following:

The Media Bureau, in its Report and Order, 21 FCC Rcd. 10017 (MB 2006), dismissed the Joint Petitioners' rulemaking proposal based on the issuance ofa Notice of

Presumed Hazard by the Federal Aviation Administration ("FAA") stating that the Joint

Petitioners' proposed allotment ofChannel300C at Station KNRQ-FM's site would have an adverse physical or electromagnetic interference (EMI) effect upon

No. of Copies (OO'd_O~'i~ List ABCDE ORIGINAL navigable air space or air navigation facilities. Specifically, the use ofChannel 300 at

Station KNRQ-FM's "current transmitter site would have a negative impact on air/ground communications and cause unacceptable interference to the Eugene, Oregon

Instrument Landing System (ILS) operated by the FAA."[

In their Petition for Reconsideration, Joint Petitioners urged the Media Bureau to reconsider its action and grant their proposal or, at the least, to withdraw the Report and

Order without prejudice to any further action that the Bureau might take in the future based on a more complete record since the earlier Bureau action was not based on a final judgement ofthe FAA.2

In their Reply to Opposition to Petition for Reconsideration, Joint Petitioners

reported that th(~y were in the process of seeking a favorable resolution ofthe EMI

I 21 FCC Red at 10020. The Joint Petitioners had stated in their May 2, 2005 Comments on Order to Show Cause that the concerns expressed by Cumulus Licensing, LLC ("Cumulus"), licensee ofStation KNRQ-FM, Eugene, Oregon, that changing the operating channel for Station KNRQ-FM from Channel 250 to Channel 300 would create harmful electromagnetic interference (EMI) in connection with the Eugene Airport could easily be resolved by having the FAA make localizer frequency changes. Portland Broadcasting, LLC offered to reimburse the FAA for its expenses incurred in changing airport ILS localizer frequencies. Thus, any actual or predicted EMI would be satisfactorily resolved at no cost to the FAA. Joint Petitioners, Comments on Order to Show Cause, filed May 2,2005 at p. 4, n. 4. Kevin Terry, Vice President ofEngineering ofPortland Broadcasting, LCC, noted in his Declaration attached to those Comments that PB had contracted the services ofan FAA consultant to conduct EMI interference studies in the vicinity ofFAl. facilities at Mahlon Sweet Field Airport at Eugene in order to identify alternate ILS frequencies that the FAA could utilize for its localizers to eliminate any possible interference created when Station KNRQ-FM changed to Channel 300.

2 Joint Petitioners, Petition for Reconsideration, filed October 27,2006 at pp. 2-3, 6. In an Engineering Statement attached to the Joint Petitioners' Petition for Reconsideration, Kevin Terry again explained that the Joint Petitioners had obtained the services ofan FAA consultant to examine the EMI that might be caused by the change ofchannel by Station KNRQ-FM from Channel 250 to Channel 300 at its current site. Mr. Terry explained that, as part ofthe Joint Petitioners' proposal, not only would Station KNRQ-FM change channels from Channel 250 to Channel 300, but Station KHPE(FM), Albany, Oregon, would change channels from Channel 300 to Channel 279. Studies done by the Joint Petitioners' FAA consultant showed that when Station KHPE changed its channel to Channel 279C, the potential for EMI at airports in Eugene, Corvallis and Newport would be significantly reduced, ifnot eliminated. Thus, public aviation safety would be improved with the significant reduction or elimination ofexisting EMI at the Eugene, Newport and Corvallis airports as a result of Station KHPE changing channels. Changing the frequencies ofthe localizers at the Eugene Airport would eliminate all present and future EMI to that facility.

- 2 - problem with the FAA, contrary to Cumulus' claims that no work was being conducted by the FAA on Joint Petitioners' request to find alternate ILS frequencies. Joint

Petitioners again included an Engineering Statement from Kevin Terry explaining that

the Joint Petitioners' efforts to work with the FAA to identify and implement localizer

frequency changes at the Eugene Airport were continuing and that the FAA did not

consider the matter closed:

"When the Joint Parties and the FAA are able to identify alternate frequencies for the Eugene Airport localizers that would not be subject to EMI generated from any nearby station operating on Channel 300, KHPE [KNRQ­ FM] or otherwise, the Joint Parties will enter into a reimbursement agreement with the FAA to pay for the implementation of such changes. Upon implementation ofthese frequency changes...aviation safety [will] be immediately improved at the Eugene Airport under the current I'M spectrum...and, as a direct result of implementing the proposed rulemaking, not only would the Commission's allotment priorities be furthered, but aviation safety at the Newport and Corvallis Airports would also be immediately improved."]

The Joint Petitioners have subsequently filed two Supplements to their Petition

for Reconsideration. On March 28, 2008, the Joint Petitioners filed a Supplement

containing emaiJ messages from the FAA expressly acknowledging that FAA

deliberations were complete and that, contrary to Cumulus' repeated claims, the FAA was

ready to move ahead with changing the frequencies ofthe EUG and ADE localizers at

Eugene Airport.

J Joint Petitioners, Reply to Opposition to Petition for Reconsideration, filed January 18,2007, Engineering Statement, pp. 7-8.

- 3 - In a June 24, 2008 Further Supplement to Petition for Reconsideration, the Joint

Petitioners submitted a copy of a Reimbursable Agreement between the FAA and PB.

The Agreement expressly stated that the FAA would be changing the frequencies ofthe

EUG and ADE localizers at Mahlon Sweet Field Airport in Eugene, in September 2008, in conjunction with other work planned at Mahlon Sweet Field Airport.

That is where the matter stood prior to September 10, 2008. On that date, the

FAA issued a Determination ofNo Hazard to Air Navigation with respect to the proposed allotment ofChannel300C for the Station KNRQ-FM antenna tower site in Eugene. The

Determination expressly states that the previous electromagnetic interference concern

expressed in the FAA February I, 2007 Notice ofPresumed Hazard -- which the Media

Bureau cited as the basis ofits dismissal ofJoint Petitioners' proposal in its 2006 Report

and Order -- had "been mitigated" in view ofPB's commitment made in the

Reimbursable Agreement funding the localized frequency changes. As such, "the FAA's

EMI objection was removed" in view ofthe "mitigation ofthe identified EMI issues for

any potential frequency change at this [KNRQ-FM] tower location.,,4 See Attachment.

4 The FAA Determination is at direct odds with Cumulus' repeated declarations to the Commission that the FAA considered there to be no solution to the potential EMI problem at the Eugene Airport. See e.g., Cumulus Licensing, LLC, Opposition to Petition for Reconsideration, filed November 9, 2006 at p. 7 (the "decision by the FAA...will not be changed, nor are Joint Petitioners currently engaged in any proceedings at the FAA to do so."). Despite Cumulus' best efforts to portray the FAA as unwilling to even consider localizer channel changes at the Eugene Airport, the exact opposite was true. Joint Petitioners' repeated advisories to the FCC that any EMI problems could be favorably resolved, while repeatedly challenged by Cumulus, were fundamentally correct. Cumulus' other objections to Joint Petitioners' proposal are equally baseless.

-4- In view ofthe FAA's affirmative Determination with respect to the KNRQ-FM frequency change, the sole basis cited by the Media Bureau supporting the dismissal of

Joint Petitioners' rulemaking proposal has now been removed. Accordingly, the Bureau should grant Joint Petitioners' Petition for Reconsideration and should proceed to review and approve the Joint Petitioners' proposal under the Commission's allotment priorities.

Respectfully submitted,

PORTLAND BROADCASTING, LLC BICOASTAL MEDIA LICENSES IV, LLC

E~ G--·t~(~f) By: By: LeeJ.~~~P; zm Erwin G. Krasnow Aaron ~. Shainis Garvey Schubert Barer Shainis & Peltzman, Chartered, NW 1000 Potomac Street, N.W. 1850 M Street, Suite 240 5th Floor, Flour Mill Building Washington, DC 20036 Washington, D.C. 20007

EXTRA MILE MEDIA, INC.

By:~D6~f1~~qP) Dominic Monahan I! uvaas Cobb Richards & Fraser, PC 777 High Street, Suite 300 Eugene, OR 97401

Dated: September 29,2008

- 5 - ATTACHMENT ,f:(~if~~~{~{~f~'~ ,

Federal Aviation Administration Aeronautical Study No, .~ Air Traffic Airspace Branch, ASW-520 2007-ANM-I02-0E _ 2601 Meacham Blvd. Prior Study No. @) 1997-ANM-802-0E , Fort Worth, TX 76137-0520

Issued Date: 0911 0/2008

Kevin Terry Portland Broadcasting, LLC 980 N. Michigan Ave. Chicago, IL 60611

** DETERMINAnON OF NO HAZARD TO AIR NAVIGAnON **

The Federal Aviation Administration has conducted an aeronautical study under the provisions of49 U.S.c., Section 44718 and ifapplicable Title 14 of the Code of Federal Regulations, part 77, concerning:

Structure: Antenna Tower KNRQ-FM Location: Eugene, OR Latitude: 44-00-07.00N NAD 83 Longitude: 123-06-54.00W Heights: 373 feet above ground level (AGL) 1668 feet above mean sea level (AMSL)

This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), ifany, is(are) met:

As a condition to this D,~termination, the structure should continue to be marked and/or lighted utilizing paint/red lights.

See attachment for additional condition(s) or information.

This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use ofgreater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition ofother , requires separate notice to the FAA.

This detennination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction ofthe structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.

This determination concerns the effect ofthis structure on the safe and efficient use ofnavigable airspace by aircraft and does not relieve the sponsor ofcompliance responsibilities relating to any law, ordinance, or regulation ofany Federal, State, or local government body.

A copy ofthis determination will be forwarded to the Federal Communications Commission ifthe structure is subject to their licensing authority.

Page I of5 lfwe can be offurther assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2007-ANM-102-0E.

Signature Control No: 498959-103296684 (ONE) Robert van Haastert Specialist

Attachment(s) Additionallnforrnation Frequency Data Map(s)

Page 2 of5 Additional information for ASN 2007-ANM-I02-0E

Narrative for Aeronautical Study number: 2007-ANM-I02-0E

This is a Portland Broadcasting, LLC, proposal to coordinate the frequency 107.9 MHz at 100 KW on the existing 373 AGLlI668 MSL tower. This is the KNRQ-FM antenna tower (Antenna Registration number 1033594) originally studied under aeronautical study number 1997-ANM-802-0E.

This tower and KNRQ-FM is owned by , INC, which is currently on assigned frequency 97.9 MHz. Portland Broadcasting has proposed to the Federal Communications Commission (FCC) to operate on the Cumulus Media's 97.9 MHz assigned frequency and relocate Cumulus Media onto a new frequency, 107.9 MHz.

The proposal was received on 12 January 2007, assigned aeronautical study number 2007-ANM-102-0E, and a Notice of Presumed Hazard letter was written I February 2007 which identified the electromagnetic interference (EMI) FAA concern with the Instrument Landing System (ILS) frequency located at the EugenelMahlon Sweet Field (EUG), OR.

This identified EMI concern has been mitigated with the proponent's commitment in a Reimbursable Agreement to fund the EUG ILS and Localizer (ADE) frequency changes. The FAA's EMI objection was removed.

This FAA Determination deals with the mitigation of the identified EMI issues for any potential frequency change at this tower location. Portland Broadcasting and Cumulus Media frequency assignment determinations will be accomplished by the FCC.

-x-

Page 3 of5 Frequency Data for ASN 2007-ANM-t02-0E

LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT

107.9 107.9 MHz 100 KW

Page 4 of5 H( !$3S·j

Page 5 of5 CERTIFICATE OF SERVICE

I hereby certify that on this 29th day ofSeptember, 2008, true and correct copies ofthe foregoing Further Supplement to Petition for Reconsideration have been served via U.S. mail, postage prepaid, upon the following persons:

John A. Karousos, Assistant Chief* Media Bureau Federal Communications Commission 445 12 th Street, SW Washington, D.C. 20554

Rolanda F. Smith* Media Bureau Federal Communications Commission 445 12'h Street, S.W. Washington, D.C. 20554

Haystack Broadcasting, Inc. J. Dominic Monahan, Esq. Luvaas Cobb 777 High Street Suite 300 Eugene, OR 97401

Cumulus Licensing LLC Alan C. Campbell, Esq. Fletcher, Heald & Hildreth, PLC th 1300 N. 17 Street, II th Floor Arlington, VA 22209

Lewis J. Paper, Esq. Dickstein Shapiro LLP 1825 Eye Street, NW Washington, D.C. 20006

~a1t~dP.- /. ~ Malinda L. Ellennan

*Hand Delivery