DA 96-253 Federal Communications Commission Record 11 FCC Rcd No. 6 has determined that Channel 230A can be allotted to Before the Kewanee in compliance with the Commission's minimum Federal Communications Commission distance separation requirements with a site restriction of Washington, D.C. 20554 0.8 kilometers (0.5 miles) west at petitioner's requested site.t As requested, we will also modify Station WJRE(FM)'s license to specify operation on Channel 230A in lieu of Channel 221A at Kewanee, Illinois. The proce- MM Docket No. 95-160 dures set forth in Modification of FM and TV Licenses, 98 FCC 2d 916 (1984), and Section 1.420(g) of the Commis- In the Matter of sion's Rules do not apply in this instance as no upgrade in facilities is requested. Amendment of Section 73.202(b) RM-8710 4. Accordingly, pursuant to the authority found in Sec- Table of Allotments, tion 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Commu- FM Broadcast Stations. nications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS OR- (Kewanee, Illinois) DERED, That effective April 22, 1996, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed be- REPORT AND ORDER low, to read as follows: (Proceeding Terminated) City Adopted: February 26, 1996; Released: March 6, 1996 Channel No. Kewanee, Illinois 230A By the Chief, Allocations Branch: 5. IT IS FURTHER ORDERED, That pursuant to Sec- 1. At the request of Virden Broadcasting Corporation tion 316(a) of the Communications Act of 1934, as amended, the license of Virden Broadcasting Corporation ("petitioner"), licensee of Station WJRE(FM). Channel 221A, Kewanee, Illinois, the Commission has before it the for Station WJRE(FM), Kewanee, Illinois. IS MODIFIED to specify operation on Channel 230A in lieu of Channel Notice of Proposed Rule Making, 10 FCC Rcd 11158 (1995), proposing the substitution of Channel 230A for Channel 221A, subject to the following conditions: 221A at Kewanee, Illinois, and the modification of Station WJRE(FM)'s license accordingly. Petitioner filed comments (a) Nothing contained herein shall be construed as in support of the proposal reaffirming its intention to authorizing any change in Station WJRE(FM)'s li- apply for the channel, if allotted. No other comments were cense. BLH-3271, except he channel as specified received above. Any other changes, except for those so speci- 2. As indicated in the Notice, petitioner submits that at fied under Section 73.1690 of the Rules, require pri- its presently licensed site, Station WJRE(FM) is short- or authorization pursuant to an application for spaced to Station WBGE(FM). Channel 222A. Peoria, Il- construction permit (FCC Form 301), specifying the linois, by 5.85 kilometers and to the application site of new facility. Station WZBN(FM), Channel 221B1. Carthage, Illinois. by (b) Program tests may be conducted in accordance 4.06 kilometers. Petitioner further states that these short- with the provisions of Section 73.1620 of the Rules. spacings arise from the Commission's increased minimum PROVIDED the transmission facilities comply in all distance separation requirements for Class A stations, citing respects with license BLH-3271. except for the chan- Second Report and Order, MM Docket No. 88-375. 4 FCC nel as specified above and a license application (FCC Rcd 6375 (1989), aff'd, 6 FCC Rcd 3417 (1991). Petitioner Form 302) is filed within 10 (lays of commencement asserts that because of the short-spacings. Station of program -tests. WJRE(FM) cannot increase its power to six kilowatts at its present transmitter site. Petitioner maintains that the sub- 6. IT IS FURTHER ORDERED. That the Secretary shall stitution of Channel 230A at Kewanee would allow Station send a copy of this Report and Order by Certified Mail, WJRE(FM) to increase its power to six kilowatts with a Return Receipt Requested, to the licensee, as follows: slight change in its transmitter site or by utilizing a direc- tional antenna at its present site pursuant to Section 73.215 of the Commission's Rules. Virden Broadcasting Corporation 3. We believe public interest would be served by sub- 111 W. Main CR'PO Box 169 stituting Channel 230A for Channel 22lA at Kewanee. Taylorville. Illinois 62568 Illinois, since it would enable Station WJRE(FM) to in- crease its power to six kilowatts and would eliminate the short-spacings to the licensed site of Station WBGE(FM) at 7. IT IS FURTHER ORDERED. That this proceeding IS Peoria, Illinois, and to the application site of Station TERMINATED. WZBN(FM) at Carthage, Illinois. An engineering analysis The coordinates for Channel 230A at Kewanee are North built for such reasons as environmental or FAA constraints. Latitude 41-14-15 and West Longitude 89-56-15. See 2 Vero Beach, Florida, 3 FCC Rcd 1049 (1988), rei. denied, 1 FCC Channels of the same class are considered to be equivalent Rcd 2184. 2185 (1989). unless a demonstration has been made that a station cannot be 2952 11 FCC Red No.6 Federal Communications Commission Record DA 96-253 8. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 2953.