Before the FEDERAL COMMUNICATIONS COMMISSIO~EC-.VE.'("-' Washington, D.C. 20554 t:1 ",' FEB 11 2002 "IIJEf!AL C!liollI!JNICATkJIiS COU/oIIb"..u., In the Matter of ) 'lfF1CE Of mE ifCAETl\IIY ) Amendment of Section 73.202 ) RM No. _ of the Commission's Rules ) Table of Allotments ) MM Docket No. _ For FM Broadcast Stations ) (Amboy, CA) ) To: Chief, Allocations Branch PETITION FOR RULEMAKING KHWY, Inc. ("KHWY"), by its attorneys, hereby respectfully petitions the Commission for a modification to the Commission's Table ofAllotments for FM Broadcast Stations (Section 73.202 of the Commission's Rules) to add an allotment for Channel 237A to Amboy, California. The proposed allotment will: • provide the first radio service to a "white area" of 3,680 square kilometers, including significant stretches of heavily traveled Interstate 40 and historic Route 66; • provide the second radio service to a "gray area" of 1,239 square kilometers, including additional miles of Interstate 40 and Route 66; and • provide the first local reception and transmission service to the landmark community ofAmboy, California. Accordingly, the proposed allotment advances the public interest and should be adopted without delay. ~!n, r'f C''']''S 'l'C'da+± LjS~_.._L11Atf_ "DC - :3{17211 - #]440476 v2 (j2--tJ--y- Amboy (And The Many Highway Travelers Who Pass Near Amboy) Have No Current Radio Service. Amboy is one of the few surviving communities along a nearly 90-mile stretch of historic Route 66.11 As the highway sign that marks the community states, Amboy was founded in 1858. 2/ Amboy then became an important Route 66 waystation in the midst of the Mojave Desert, and it still attracts tourists interested in the westward migration ofthe United States (as well as film crews seeking the distinctive scenery of a desert community). Amboy has its own post office (with 15 post office boxes and zip code 92304), a motel, a restaurant, and a gas station, and is the site of a CalTrans railroad yard. 'ill It also is the reason why a nearby geological landmark - the Amboy Crater - bears that name. '1/ But Amboy has no radio service. It is within a large "white" area, beyond the predicted service area of even a single radio station. fl.1 As important, this white area includes several miles of heavily traveled Interstate 40, which carries an estimated 22,500 motorists per day through the Mojave Desert en route II See Exhibit 1 (including information regarding Amboy). Historic Route 66 is now designated as the Old National Trail Highway. 2,1 See id. The sign also confirms Amboy's population of 20 year-round residents. Id. 'ill See id. '1/ See id. fl.1 See Technical Statement at Exhibit 2 ("Technical Statement"). The nearest radio station is assigned to a community that is an estimated 50-plus minutes away from Amboy by car. See Exhibit 3 (projecting travel time between Amboy and Ludlow, California). 2 \DC . :17172/1 - #144047(; v2 to Los Angeles from points east (including the Grand Canyon, southern Lake Mead, and Flagstaff, Arizona), and an even longer stretch of historic Route 66, which attracts both travelers and tourists interested in the fabled "Mother Road" of the American West. fI./ Accordingly, neither residents ofAmboy nor the many motorists that pass near Amboy have any means to learn of dangerous weather or traffic conditions or other area news. The Proposed Allotment Will Satisfy All OfThe Commission's Most Important Allotment Priorities. The proposed allotment fulfills the Commission's three most important allotment priorities: 1/ • it eliminates a huge white area by providing the first aural reception service to 3,680 square kilometers, including more than 10 kilometers oflnterstate 40 and more than 25 kilometers of Route 66; • it eliminates a substantial gray area by providing the first aural reception service to 1,239 square kilometers, including several additional kilometers of Interstate 40 and Route 66; and • it provides a first local transmission service (and first radio service of any kind) to Amboy, California. The elimination ofsuch an extensive white area is sufficient reason to grant the proposed allotment. For 20 years, the Commission has recognized that "assuring the availability of at least one full-time radio service" is the single most f!./ See Exhibit 1. Traffic estimates are taken from California Department of Transportation web site, www.dot.ca.gov/hq/traffops/saferesr/trafdata. for Interstate 40 near Essex and Kelbaker Roads. 1/ See, e.g., Thermopolis and Story, Wyoming, 16 FCC Red 13066, 13069 (2001). 3 DC' - ::17172/1 - #1440476 v2 important criterion in determining whether to grant a proposed allotment. fJ.I Here, the size of the aural white area to be eliminated is without known recent precedent. ';11 In addition to the residents ofAmboy, the proposed allotment also would provide a critical first radio service to thousands of travelers on Interstate 40 and historic Route 66. The Commission has properly recognized the importance of providing a local radio outlet to motorists who depend on such local sources for emergency news, traffic and weather information, as well as other programming. For example, in Yermo and Mountain Pass, California, the Broadcast Bureau granted Class B stations to two communities in the Mojave Desert in order to provide a first FM radio service to the "transient population" passing through the area on Interstate 15, a service that the Bureau deemed to provide "much public benefit." 101 The proposed allotment will ensure that the substantial "transient population" passing near Amboy has access to the area's first radio service. The proposed allotment also will provide a second aural reception service to a large gray area, which currently receives a single aural service. Just last year, in Thermopolis and Story, Wyoming, the Allocations Branch determined that the provision of a second aural reception service to an area of 810 square kilometers, which had a population of 25 persons but apparently did not include fJ.I Revision ofFMAssignment Policies and Procedures, 90 FCC 2d 88, 92 (1982). ';11 Cf Newberry and Muinsing, Michigan, Report & Order, 2 FCC Red 5332, 5332 (Allocations, 1987) (suggesting that substantial white area in upstate Michigan would be served by proposed allotment without detailing size of area). 101 Yermo and Mountain Pass, California, Report & Order and Memorandum Opinion & Order, 45 RR 2d 58, 60-61 (Broadcast Bureau, 1979). 4 DC 37172/1 . #1·H0476v2 part of any highway, benefited the public interest. H/ Here, the gray area to be eliminated is 50 percent larger than that involved in Thermopolis, and it includes substantial stretches of two important highways. Third, the proposed allotment will provide the first local transmission service to Amboy. Amboy has its own post office, a year-round population, and a number of businesses. Its location, like that of Mountain Pass, is clearly proclaimed by a highway road sign, 12/ and its geographic location is specified in generally circulated road atlases. 13/ Moreover, its relative isolation ensures that Amboy retains its own sense of community. 14/ Accordingly, Amboy is a "geographically identifiable population grouping" under Commission precedent and deserves its own local transmission service. 15/ The attached Technical Statement demonstrates that the Proposal is consistent with the Commission's technical rules. Also, a statement from KHWY affirming that it will apply for the allotment if added as proposed is attached. 11/ Thermopolis and Story, Wyoming, Report & Order, 16 FCC Red at 13069. 12/ See Yermo and Mountain Pass, California, 45 RR 2d at 59. 13/ See Exhibit 1. 14/ See, e.g., Cal-Nev-Ari, Boulder City and Las Vegas, Nevada, Memorandum Opinion & Order, 14 FCC Red 17153, 17156-57 (Allocations, 1999) (confirming that small, isolated desert localities may qualifY as communities despite limited population and lack of extensive civic organizations). 15/ Kenansville, Florida, Memorandum Opinion & Order, 10 FCC Red 9831, 9832 (~ 12) (1995). 5 DC :J71i21l·#1440476v2 Accordingly, the Commission should issue an appropriate Notice of Proposed Rule Making and a subsequent Order adopting the proposed allotment, which will provide thousands of motorists their first aural reception service and Amboy its first aural reception and local transmission service. Respectfully submitted, HOGAN & HARTSON L.L.P. By: _::-L-!4-O.-rL_' ----=-~ih_·-'----__ Marissa G. Repp F. William LeBeau 555 Thirteenth Street, N.W. Washington, DC 20004·1109 202/637-5600 Attorneys for KHWY, Inc. February 11, 2002 6 DC - ::)7 J72/1 - #1440476 \'2 1, Howard B. A/lD.er80n, declare as follows: 1. 1 am ~dent of KHWY, Inc. ("KHWY"). 2. KHWY ~tends to apply for a colUltruetion permit for Channel,287A to specify operatione for the propolEld community upon adclPtion, of the relevant Notice ofPropoll6d Rule Making. 3. Ifaward~d the construction permit for Cbannel2S7A, KHWY promptlY will oonetruet and operate such facilities. I hereby decJ.a1i, under penalty ofperjury that the statements made in this declaration are true and accurate to the best ofmy knowledge, information and belief. 4 February IL 2002 EXHIBIT 1 J)C . :171 :'2/1 . #1-140476 \'2 ---------- Yahoo' Yellow Pages Page 1 of 1 Special Offers 50% off SWRsc;r!pjlQrL Rate ill ThjLN,"YV York Times Consumer I Busin~ Welcome, Guest User Create My Favorite Location:> - ~jgr Amboy, CA 92304 ~hange Locatio IQ!! > food and Dining> RestauraJ]1§ > All Restaurants All Businesses Showing 1 - 1 of 1 Beyond Amboy 92: Business Name Address City Phone 8m"s Cafe Garage & Mote] National Trails Hwy Amboy, CA (760) 733-4263 Search by Name or Category (e.g. Hilton, Hotel or Hilton Hotel) ISeiilri;lI;lIilli;lWI Business Information provided by Infot ISA.com ®, Foster City, California, Copyright © 2002. All Rights Reserved. Use Subject to!;:.i~!:!_~£.