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PEPPER & CORAZZINI VINCENT A PEPPER RO.ERT ~. CORAZZINI ATTOqNEYS AT LAW RO.ERT LEWIS THOMPSON PETER GUTMANN GREGG P. SKALL 200 MONTGOMERY BUILOING WILLIAM J. ~RANKLIN £. THEODORE MALLVCK JOHN ~. GARZIGLtA 1776 K STREET, NORTHWEST 0" COU".&L TODD J. PARRIOTT WASHINGTON, O. C. 20006 NEAL J. ~Rt EDMAN ELLEN S. MANDELL HOWARD J ••ARR (202) 296-0600 LOUISE CV.ULSKI. JENNI~ER L. RICHTER • • NOT ADN'TTCD IN DpC~ August 28, 1992 Ms. Donna R. Searcy Secretary Federal Communications Commission Washington, D.C. 20554 Re: petition for Rule M&kinq and aequest for Issuanoe of Order to Show Cause I'll Table of Allotaents C..... '.sbipgton and se••ide. oregon Dear Ms. Searcy: On behalf of Pacific Northwest Broadcasting corporation, we hereby submit an original and four copies of its Petition for Rule Making and Request for Issuance of Order to Show Cause. The Petition concerns proposed channel substitutions at the above-referenced locations. Please direct any questions or correspondence concerning this matter to our offices. Sincerely yours, ~;;;z~ Louise Cybulski Counsel for Pacific Northwest Broadcasting corporation Enclosure cc: Certificate of Service Nll. of Copies rsc'd () of V UstABCDE RECEIVED Before the nD.JtAL COJlllUllICATIO.. COJIIII88IOII 'AIlr, 28 f992' Washington, D.C. 20554 FEDERAL COMMUNICATIONS COMMISSION OFFICE Of THE SECRETARY In the Matter of ) ) Amendment of section 73.202(b) ) MM Docket No. 92-__ Table of Allotments, ) RM No. FM Broadcast stations ) (Camas, Washington, ) and Seaside, Oregon) ) To: Chief, Policy and Rules Division 1ftl,IOX lOB lULl QlIMCI &1m POUlS, lOR ISSUMel Or OIDIR '1'0 SlOW CAVSI 1. Pacific Northwest Broadcasting corporation ("Pacific Northwest"), permittee of KMUZ-FM, Camas, washington, by its attorneys and pursuant to section 1.401(d) of the Commission's Rules, respectfUlly seeks to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, as follows: Present Proposed Camas, Washington 234C3 234C2 Seaside, Oregon 234A 235A 2. This Petition also requests that the Commission modify Pacific Northwest's construction permit (FCC File No. BMPH­ 92020610) to specify operation on Channel 234C2 in lieu of Channel 234C3. In conjunction with this proposed substitution, Pacific Northwest requests that the Commission issue an Order to Show Cause, ordering Monte Corporation, the permittee of KBRD(FM), Seaside, Oregon, to show cause why its construction permit should not be modified to specify operation on Channel 235A in lieu of Channel 234A.Y 3. The coordinates for Pacific Northwest's proposed antenna location are 45-32'20" North latitude, 122-02'24" West Lonqitude. .au Exhibit E-2 of the Enqineerinq statement of Robert A. HcC1anathan, P.E., attached hereto as Attachment A. As Mr. HcClanathan states at p.1 of his Enqineerinq statement, the entire corporate city limits of Camas will be within the 70 dBu contour usinq the proposed antenna site at East Larch Hountain, which is 35.7 kilometers (22.16 miles) from the Camas city center. Thus, Pacific Northwest's proposal is in compliance with section 73.315(a) of the Commission's Rules, which requires that the entire community of license to be served is situated within the 70 dBu contour of the proposed station. 4. The allocation spacinq study at Exhibit E-2 demonstrates that the proposal for Channel 234C2 at Camas complies with all minimum spacinq requirements of section 73.207 of the Commission's Rules, as lonq as Channel 234A at Seaside is deleted as requested. The allocation spacinq study at Exhibit E-3 shows that the proposed allotment of Channel 1/ Pacific Northwest has learned throuqh research of the commission's files that the construction permit on Channel 234A at Seaside, Oreqon was assiqned within the last several months from Kenneth S. Eiler, Trustee, to Monte Corporation. The call letters of the station have been changed from KQEM(FM) to KBRD(FM). The attached Enqineering Statement and Exhibits (Attachment A hereto) reference the former licensee's name and call letters of the station. 2 235A at Seaside also would be in compliance with the requirements of section 73.207 of the Commission's Rules. The coordinates referenced in Exhibit E-3 are the same coordinates at which Monte Corporation is authorized to construct KBRD(FM). 5. Moreover, the proposal for Channel 234C2 at Camas would increase Pacific Northwest's 60 dBu service area contour by 161 percent, or by more than 3,000 square kilometers. Pacific Northwest's 60 dBu contour as currently authorized covers 4,992 square kilometers. Under the proposal presented herein, the 60 dBu coverage would increase to 8,031 square kilometers. ~ Engineering statement at p.2. Pacific Northwest's proposal to serve a greater area is in the public interest. 6. If Pacific Northwest become. the permittee on Channel 234C2 at Camas, and if the Commission orders the concomitant substitution of channels at Seaside, Pacific Northwest is prepared to reimburse Monte Corporation for its reasonable and prudent expenses incurred in changing the operating frequency of KBRD(FM). ~ Milan. Ketter. SWAinsboro and Wrens. Georgia, 6 FCC Red 5793 (MMB, 1991), citing Circleville. Ohio, 8 FCC 2d 159 (1967) (Commission expects the parties to negotiate in good faith for reimbursement pursuant to certain guidelines). 7. If the Commission changes the allotment for Camas from Channel 234C3 to 234C2, Pacific Northwest will promptly file an application to modify its existing construction permit. If its modification application is granted, Pacific Northwest will 3 promptly construct and operate the proposed station at Camas, Washington. COMCLQSIOX For the foregoing reasons, Pacific Northwest Broadcasting Corporation respectfully requests that the Commission issue (1) a Notice of Proposed Rule Making to substitute Channel 234C2 for Channel 234C3 at Camas, Washington, and Channel 235A for Channel 234A at Seaside, Oregon, and (2) an Order to Show Cause why the construction permit for KBRD(FM) should not be modified to specify operation on Channel 235A. Respectfully submitted, PACIJ'IC IIORTJI1fBST BROADCUTIMG CORPORATIOM By.~~~ . ()hIlF:G8~' Louise Cybulski Its Attorneys Pepper & Corazzini 200 Montgomery Building 1776 K Street, NW Washington, DC 20006 202/296-0600 AUgust 28, 1992 4 ATTACHMENT 1 McCLANATHAN and ASSOCIATES, INC. PROFESSIONAL ELECTRICAL ENGINEERS P.O. BOX 939 • PORTLAND, OREGON 97207-0939 TEL: (503) 246-8080 FAX: (503) 246-6304 BlfGIHEBRING STATBKEIIT for PACII'IC NORTHWEST BROADCASTING CORPORATION Petition tor Rule Making This statement and attached exhibits have been prepared for Pacific Northwest Broadcasting Corporation, (PNBC) , permittee for a new Class C3 FM station in Camas, Washington, relative to a petition to amend the FM Table of Assignments, Section 73.202(b) of the Rules and Regulations. This petition requests that FM channel 234C3 presently allocated to Camas, Washington be deleted and FM channel 234C2 be added to Camas, Washington, and that FM channel 234A presently allocated to Seaside, Oregon be deleted and FM channel 235A be added to Seaside. This petition also requests that the FM Construction Permit granted to PNBC in Camas, Washington presently specifying channel 234C3, FCC File No. BMPH-920206ID, be changed to specify operation on channel 234C2, 94.7 mHz. The class C3 FM construction permit granted to the peti­ tioner, PNBC, presently specifies operation on channel 234C3 with an effective radiated power of 2.45 kilowatts and an antenna height above average terrain of 315 meters. If this petition is granted by the F.C.C., the petitioner will immedi­ ately tender an application for a construction permit to modify the KMUZ FM facilities for operation on channel 234C2 with the operating parameters tabulated in Exhibit E-1. The Camas city center is located on the N277E degree radial and is 35.7 kilometers (22.16 miles) from the proposed FM antenna site to be used with the class C2 facility. The entire corporate city limits of Camas will be within the 70 dBu contour from the proposed antenna site. Exhibit E-2 is an allocation spacing study showing that the proposed FM channel 234C2 complies with all minimum sepa­ ration requirements of 47 CFR Section 73.207 of the Rules and Regulations. The requested allocation on channel 234C2 can not be made absent the deletion of the existing channel 234C3 in Camas, Washington and the deletion of the existing channel 234A in Seaside, Oregon. Exhibit E-3 is an allocation spacing study showing that the proposed FM channel 235A may be allocated to seaside in compliance with the requirements of 47 C.F.R. section 73.207 of the Rules and Regulations. The area within the existing 60 dBu contour presently served by the proposed PNBC class C3 facility is 4992 square kilometers. The area within the 60 dBu contour for the class C2 facility with operating parameters described in Exhibit E-1 will be 8031 square kilometers. This is an increase in area of 161 percent. Respectfully sUbmitted, Robert A. McClanathan, P.E. McClanathan and Associates, Inc. Professional Electrical Engineers August 24, 1992 BDIBIT B-1 PROPOSED RULE MAKING MODIFICATION OF FM TABLE OF ASSIGNMENTS, SECTION 73.202(B) CAMAS, WASHINGTON Existing: camas, WA 234C3 seaside, OR 234A Proposed Camas, WA 234C3 Delete Camas, WA 234C2 Add seaside, OR 234A Delete seaside, OR 235A Add CAMAS, WASHINGTON LOCATION: North Latitude 45 - 35 - 32 West Longitude 122 - 29 - 42 PROPOSED SITE LOCATION: North Latitude 45 - 32 - 20 EAST LARCH MOUNTAIN: West Longitude 122 - 02 - 24 PRINCIPAL CITY: Camas, Washington FREQUENCY: 94.7 mHz, Ch. 234C2 EFFECTIVE RADIATED POWER: 2.4 kW H&V ANTENNA HAAT: 576 meters DISTANCES TO F(50,50) CONTOURS (kilometers) AZ HAAT ERP CONTOUR LEVELS (dBu) (degs) (m) (dBk) 70 60 277.0 783.9 3.80 37.2 59.2 0.0 791.4 3.80 37.4 59.4 45.0 460.4 3.80 27.4 46.1 90.0 271.8 3.80 21.3 36.4 135.0 345.6 3.80 23.9 40.5 180.0 561.

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