25
DOCKET FILE COpy ORIGINAL ORIGINAL ) ) MB Docket No. _ ) RM- ) -- ) ) Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Amendment of Section 73.202(b) Table of Allotments FM Broadcast Stations (Eagle, Fort Morgan, and Hudson, Colorado, Bayard and Bridgeport, Nebraska, and Douglas and Fort Laramie, Wyoming) In the Matter of To: Assistant Chief, Audio Division Media Bureau PETITION FOR RULE MAKING On-Air Family, LLC ("On-Air"), licensee of KBRU-FM, Fort Morgan, Colorado, and Salisbury Broadcasting Colorado, LLC ("Salisbury"), licensee of KTUN(FM), Eagle, Colorado (together, "Joint Petitioners"), by their counsel, hereby request that the Commission amend the FM Table of Allotments to (1) delete Channel 269A from Fort Morgan, CO and allot Channel 268C to Hudson, Colorado as that community's first local service, and (2) substitute Channel 269Cl for Channel 268C at Eagle, Colorado. If this Petition is granted, the Joint Petitioners will file applications for Channel 268C at Hudson Channel 269Cl at Eagle, and the parties will construct their respective facilities if their applications are granted. The effectuation of these changes will require one additional change at Bridgeport, Nebraska. These changes will also enable the allotment of two new services, at Bayard, Nebraska and Fort Laramie, Wyoming, for which the Joint Petitioners (or either one of them) will file an application and construct the facilities if authorized. The following table summarizes the changes requested in this Petition: ::ODMAIPCDOCSIDCI840081 1

DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

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Page 1: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

DOCKET FILE COpy ORIGINAL

ORIGINAL

)) MB Docket No. _) RM-) --

))

Before theFEDERAL COMMUNICATIONS COMMISSION

Washington, DC 20554

Amendment of Section 73.202(b)Table of AllotmentsFM Broadcast Stations(Eagle, Fort Morgan, and Hudson, Colorado,Bayard and Bridgeport, Nebraska, andDouglas and Fort Laramie, Wyoming)

In the Matter of

To: Assistant Chief, Audio DivisionMedia Bureau

PETITION FOR RULE MAKING

On-Air Family, LLC ("On-Air"), licensee of KBRU-FM, Fort Morgan, Colorado, and

Salisbury Broadcasting Colorado, LLC ("Salisbury"), licensee of KTUN(FM), Eagle, Colorado

(together, "Joint Petitioners"), by their counsel, hereby request that the Commission amend the

FM Table of Allotments to (1) delete Channel 269A from Fort Morgan, CO and allot Channel

268C to Hudson, Colorado as that community's first local service, and (2) substitute Channel

269Cl for Channel 268C at Eagle, Colorado. If this Petition is granted, the Joint Petitioners will

file applications for Channel 268C at Hudson Channel 269Cl at Eagle, and the parties will

construct their respective facilities if their applications are granted. The effectuation of these

changes will require one additional change at Bridgeport, Nebraska. These changes will also

enable the allotment of two new services, at Bayard, Nebraska and Fort Laramie, Wyoming, for

which the Joint Petitioners (or either one of them) will file an application and construct the

facilities if authorized. The following table summarizes the changes requested in this Petition:

::ODMAIPCDOCSIDCI8400811

Page 2: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

268C 269CI269A

ChannelExisting Proposed

City

Eagle, ColoradoFort Morgan, ColoradoHudson, ColoradoBayard, NebraskaBridgeport, NebraskaDouglas, WyomingFort Laramie, Wyoming

267C265A

268C267CI277C229A265C2

I. Station KBRU-FM, Fort Morgan to Hudson, Colorado

A. Technical Analysis

1. As demonstrated in the Technical Narrative, Channel 268C can be allotted to

Hudson, Colorado at coordinates 39-55-27 North Latitude, 103-58-25 West Longitude consistent

with Section 73.207 of the Commission's Rules, provided that changes are made at Eagle,

Colorado and Bridgeport, Nebraska, as described more fully below. See Exhibit HI. A 70 dBu

signal can be provided to Hudson from the proposed reference point. See Exhibit H2. The

relocation of KBRU-FM from Fort Morgan to Hudson will result in a predicted net gain in

population of 1,379,272 persons within the 60 dBu signal from the station. See Technical

Narrative. There is no loss area. See Exhibit H3.

B. Change in Community of License

2. The Joint Petitioners desire to change the community of license for Station

KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment of the

Commission's Rules Regarding Modification of FM and TV Authorizations to SpecifY a New

Community ofLicense, 4 FCC Rcd 3870 (1989), recons. granted in part, 5 FCC Rcd 7094 (1990)

("Community of License"). There, the Commission stated that a station may change its

community of license without subjecting the licensee to competing expressions of interest if (1)

the proposed allotment is mutually exclusive with the current allotment; (2) the current

::ODMA\PCDOCS\DC\84008\1 2

Page 3: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

community of license will not be deprived of its only local service; and (3) the proposed

arrangement of allotments is preferred under the Commission's allotment priorities. These

criteria are met here. First, the proposed use of Channel 268C at Hudson is mutually exclusive

with the current use of Channel 269A at Fort Morgan. See Exhibit HI. Second, Fort Morgan

will not be deprived of its only local service because it is currently served by one other station,

KFTM(AM). Third, the provision of a first local service at Hudson (population 1,565) under

Priority 3 will result in a preferential arrangement of allotments over the retention of a second

local service at Fort Morgan (pop. 11,034) under Priority 4 (all population figures taken from the

2000 U.S. Census). See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88

(1982).

3. Hudson is not located in an Urbanized Area and the proposed 70 dEu contour of

KBRU-FM will not cover 50 percent of any Urbanized Area. Thus, this relocation does not raise

concerns with the relocation of stations from rural to urbanized areas. See Headland, Alabama

and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995).

4. Hudson is a community deserving of a first local service preference. Hudson is a

growing community located in Weld County, Colorado, off U.S. Interstate Highway 76. Hudson

is listed in the U.S. Census 2000 with a population of 1,565. The U.S. Post Office associates ZIP

Code 80642 with Hudson and operates the Hudson Main Post Office at 738 Cedar Street in

Hudson. See Exhibit A. Hudson's govemment functions independently of any other

governmental units. According to Judy McGill, the deputy town clerk for Hudson, Hudson has

an elected mayor and six member Board of Trustees who serve four year terms. The town

government has a town clerk, town treasurer and town administrator. Among the services

provided by the town government include water, sewer, maintenance, and animal control. The

::ODMA\PCDOCS\DC\84008\j 3

----_._------------------------------

Page 4: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

town's website <www.hudsoncolorado.org> is under construction and will provide infonnation

on the town government and services. Police protection is provided by the Weld County Sheriff

which operates a substation in Hudson. See Exhibit A.

S. According to Ms. McGill, the Hudson Fire Protection District operates two

stations in Hudson offering fire, rescue, EMS and other services to the citizens of Hudson.

According to Ms. McGill, the Town of Hudson was founded in 1887 as a water stop for the

Burlington & Missouri Railroad. The Town was incorporated in 1914. A few businesses identify

themselves by using "Hudson" in their names, for example, Hudson Bookkeeping, Hudson

Lockers, Hudson Nursery, Hudson Radiator, Hudson Welding and Fabrication, Hudson Pet &

Feed Supply, and Hudson Greenhouse. In addition, Hudson businesses include a wide variety of

companies such as Active Truck Sales & Parts, Inc., Wisecrack Windshield Repair, Denver

Plastics Co., Anderson Star Market, Barn Store, Creekside Landscaping, Inc., Farm & Home

Lumber Co., Phil's Mechanical Service, Inc., Adam's Locksmith, Eagle Wireless, Inc., AI's Gift

& Thrift, and Valley Bank & Trust. Dining establishments in Hudson include Longhorn & Co.

and Pepper Pod. See Exhibit A.

6. The Weld County School District provides public education for children in

Hudson. Hudson Elementary School is located in Hudson. See Exhibit A. The town operates

the Hudson Public Library, which is open six days a week offering internet services, juvenile and

audio sections and other services. See Exhibit A. There are several houses of worship located in

Hudson including First Southern Baptist Church, Grace Lutheran Church, James Memorial and

United Methodist Church. See Exhibit A.

7. On-Air reiterates that as the licensee of KBRU-FM, it will apply for Channel

268C at Hudson and construct the facilities.

::ODMA\PCDQCS\DC\84008\! 4

Page 5: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

II. Station KTUN, Eagle, Colorado

8. To permit the allotment of Channel 268C at Hudson, Salisbury hereby agrees to

the substitution of Channel 269CI for Channel 268C at Eagle, Colorado for use by Station

KTUN(FM) and relocate the station's transmitter site. Channel 269CI can be allotted to Eagle at

coordinates 39-45-15 North Latitude, 106-54-13 West Longitude in compliance with the

Commission's spacing rules. See Exhibit EI. From the new transmitter site, the station will

place a 70 dBu contour over all of Eagle, Colorado. See Exhibit E2. Although there will be a

small net loss in population served by the station (21,738 persons) this loss is more than made up

by the gains in service overall as a result of this petition.

III. Station KOLT, Bridgeport, Nebraska

9. In order to allot Channel 268C to Hudson, Colorado, Channel 267C must be

deleted at Bridgeport, Nebraska. In a previous application, See FCC File No. BPH­

20011009ABZ, as amended, Jan. 22, 2002, On-Air requested that the Commission issue an

Order to Show Cause to Tracy Broadcasting Corporation, licensee of Station KOLT(FM),

Bridgeport, Nebraska under the Commission's CO downgrade procedures.! In this petition, the

Joint Petitioners offer an alternative. Channel 277C may be substituted for Channel 267C at

Bridgeport in compliance with the Commission's spacing rules. See Exhibit BRI. The Joint

Petitioners hereby request that the Commission issue a separate Order to Show Cause to Tracy

Broadcasting Corporation to demonstrate why KOLT should not have its channel changed from

267C to 277C.

This application has been refiled (BPH-20020719AAU).

::ODMA\PCDOCS\DC\84008\1 5

.__._--_._------------------------------

Page 6: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

IV. New Channel 267Cl, Bayard, Nebraska

10. The substitution of Channel 277C for Channel 267C at Bridgeport, Nebraska

described above makes possible the allotment of Channel 267CI at Bayard, Nebraska as that

community's first local service. Channel 267CI can be allotted to Bayard in compliance with

the Commission's spacing rules, as shown in Exhibits B I and B2.

11. The City of Bayard, Nebraska, is a community deserving of a first local service.

Bayard is a bustling agricultural community located in the west central Morrill County,

Nebraska, off U.S. Highway 26 near the historic landmark Chimney Rock. Bayard is listed in the

U.S. Census 2000 with a population of 1,247. The U.S. Post Office associates ZIP Code 69334

with Bayard and operates the Bayard Post Office at 517 Main Street in Bayard. See Exhibit B.

Bayard's govemment functions independently of any other govemmental units. According to the

city website <www.bayardne.net>. Bayard has an elected mayor and six city council members

who meet the second Tuesday of the month. The mayor and council members serve four year

terms. According to Joyce Mick, Bayard City Clerk, the city govemment has a city clerk, city

treasurer, police chief, utility superintendent, and nursing home administrator. Among the

services provided by the city government are garbage removal, municipal sanitary system,

electrical distribution system, housing authority, water, road maintenance, animal control and

park and recreation. The city operates the Chimney Rock Golf Course, Bayard City Swimming

Pool, Chimney Rock Villa (nursing home) and Senior Citizen Center. Police protection is

provided by the Bayard Police Department. See Exhibit B.

12. The Bayard Volunteer Fire and Rescue Department operates in Bayard offering

fire, rescue, EMS and other services to the citizens of Bayard. The City of Bayard has its own

unique identity and history. According to Ms. Mick, the City takes its name from a community in

::ODMAIPCDOCS\DC\84008\1 6

Page 7: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

Iowa where a homesteading family originated who settled in present day Bayard. The City of

Bayard was incorporated July 1888. A few businesses identify themselves by using "Bayard" in

their names, for example, Bayard Meat Processing, Bayard Diner and Bayard Pharmacy. Bayard

businesses include a wide variety of companies such as Ensser Chevrolet, Sweet Basil

Restaurant, Panhandle Real Estate, Valley Bank & Trust, Landmark, Inn, Reifschneider Texaco,

Oregon Trail Wagon Trail, A&J Trucking, Simplot Fertilizer and Kienzle's Jack & Jill. Bayard

Transcript-Newspaper is the local hometown newspaper. It is published every Wednesday,

offering local news and information. The City of Bayard's economy is based on its agricultural

products and tourism. The Chimney Rock National Historic Site is located in Bayard. The site

is open daily. See Exhibit B.

13. The Hill School District #44 provides public education for children in Bayard.

Bayard Elementary School and Bayard High School are located in Bayard. See Exhibit B. The

city operates the Bayard City Library which is open six days a week offering Internet services,

juvenile and audio sections and other services. See Exhibit B. There are several houses of

worship located in Bayard including Sacred Heart Catholic Church, Spanish Assembly Church,

Good News Church and Greek Orthodox Church. Among the events that are held in Bayard is

the Chimney Rock Pioneer Days. Among the organizations located in Bayard are American

Legion Club, Bayard Tiger Booster Club, Bayard Lions Club, Chimney Rock Jaycees and VFW.

See Exhibit B.

14. The proposed facility at Bayard will provide new 60 dBu service to 62,490

persons in an area of 16,422 sq. km. See Exhibit B2. If the Commission grants this petition, the

Joint Petitioners will apply for Channel 267Cl at Bayard, and construct the facility if the

application is granted.

::ODMA\PCDOCS\DC\84008\j 7

-_.__._-------------------------------

Page 8: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

V. New Channel 265C2, Fort Laramie, Wyoming

15. The substitution of Channel 277C for Channel 267C at Bridgeport, Nebraska also

makes possible the allotment of Channel 265C2 at Fort Laramie, Wyoming, as that commnnity's

first local service. Channel 265C2 can be allotted to Fort Laramie in compliance with the

Commission's spacing rules, provided that vacant Channel 265A is deleted at Douglas,

Wyoming. See Exhibits FI and F2. Channel 229A can be substituted for the vacant Channel

265A at Douglas. See Exhibit Dl.

16. The Town of Fort Laramie, Wyoming, is a community deserving of a first local

service. Fort Laramie is a historically significant community located in southeastern Wyoming

off U.S. Highway 26. Fort Laramie is listed in the U.S. Census 2000 with a population of243.

The U.S. Post Office associates ZIP Code 82212 with Fort Laramie and operates the Fort

Laramie Main Post Office at 105 East Merriam Street in Fort Laramie. See Exhibit C. Fort

Laramie's government functions independently of any other governmental units. According to

Fort Laramie Town Clerk, Ms. Vicki Dowscher, Fort Laramie has an elected mayor and four

town council members. The mayor and council members serve two and four year tenns

respectively. The town government has a town clerk, police chief, and fire chief. Among the

services provided by the town government are electricity, garbage, sewage, road maintenance,

animal control and park and recreation. Police protection is provided the Fort Laramie Police

Department.

17. The Fort Laramie Volunteer Fire Department operates in Fort Laramie offering

fire, rescue, EMS and other services to the citizens of Fort Laramie. The Town of Fort Laramie

has its own unique identity and history. The Town takes its name from the old western fort of

Fort Laramie. The Town was incorporated in 1925. A few businesses identify themselves by

::ODMA\PCDOCS\DC\84008\1 8

---_.._ .. ------------------------------

Page 9: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

using "Fort Laramie" in their names, for example, Fort Laramie Conoco, Fort Laramie Historical

Association Bookstore, Fort Laramie Saloon, and Fort Laramie Motel. Other Fort Laramie

businesses include a wide variety of companies such as Ostrander Training Stables, Garhart's

Pioneers Inn, Chuck Wagon RV Park & Gift Shop and Studio B Hair Saloon. Fort Laramie's

economy is based on its history and tourism. The Fort Laramie National Historic Site is located

in Fort Laramie. The site is open daily. See Exhibit C.

18. The Goshen County School District provides public education for children in Fort

Laramie. Fort Laramie Middle School, located in Fort Laramie, offers schooling from grades 6

through 8. See Exhibit C. The Fort Laramie Community Presbyterian Church is located in the

town. Among the events that are held in Fort Laramie are the Fort Laramie Bat Festival, Frontier

4th of July 4th of July Fireworks, Town Celebration Day, Living History Weekend and Evening

Program, Fort Laramie Holiday Open House and Holiday Building Illumination. Founded in

1956, the Fort Laramie Historical Association is a nonprofit organization supporting the

interpretive educational and preservation efforts at the Fort Laramie National Site. See Exhibit

C.

19. The proposed facility at Fort Laramie will provide new 60 dBu service to 14,151

persons in an area of 8,560 sq. km. See Exhibit F2. If the Commission grants this petition, the

Joint Petitioners will apply for Channel 265C2 at Fort Laramie, and construct the facility if the

application is granted.

VI. CONCLUSION

Grant of this petition IS III the public interest because Hudson, Colorado, Bayard,

Nebraska, and Fort Laramie, Wyoming will each receive their first local service. Grant of the

petition will produce a total net increase in service to nearly 1.5 million people in an area of

::ODMA\PCDOCS\DC\84008\1 9

Page 10: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

approximately 50,000 sq. kIn. The Joint Petitioners reiterate that if the Commission grants this

petition, they will file applications and construct their respective facilities. The Commission

should promptly issue a Notice of Proposed Rule Making and an Order to Show Cause as

described herein.

Respectfully submitted,

ON-AIR FAMILY, LLC.SALISBURY BROADCASTINGCOLORADO, LLC

By:Mark . Lipp1. T mas NolanShook, Hardy & Bacon600 14th Street, NWSuite 800Washington, DC 20005-2004(202) 783-8400

Their counsel

July 19, 2002

::ODMA\PCDOCS\DC\84008\1 10

Page 11: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

Technical Narrative

1. KBRU, 268C, Hudson, Colorado

This petition seeks the re-allotment and upgrade KBRU-FM, presentlylicensed with 269A facilities to the community of Fort Morgan, Colorado.KBRU also has a pending application, filed simultaneously on forms 301with station KTUN, Eagle, Colorado, to upgrade to 268C. This petitionseeks essentially the same technical upgrade, but with the added benefitof First Local Service to Hudson, Colorado and two other Communities.

KBRU-FM can be reallotted and upgraded in full compliance with thespacing requirements of 47 CFR 73.207 at 39-55-27 North 103-58-25West, provided the requested changes are made to stations KTUN-FMand KOLT-FM. Please refer to Exhibit H1. Hudson, Colorado liescompletely within the hypothetical City Grade contour of KTUN at theproposed site. Please refer to Exhibit H2.

Hudson, Colorado is a U.S. Census Town with an area of 6 Sq. KM and a2000 Census population of 1,565 persons. At present, the licensed ClassA facility of KBRU provides interference-free service to 26,427 persons inan area of 2,516 Sq. KM. The requested upgrade will allow KBRU toserve 1,405,699 persons in an area of 26,475 Sq. KM., according to theU.S. Census. This is a net gain of 1,379,272 persons and an increase ofcoverage area of 23,959 Sq. KM.

2. KTUN 269C1, Eagle, Colorado

KTUN-FM is presently licensed with 268C facilities which are short spacedto the proposed 268C facilities for KBRU-FM. KTUN operates with slightlyless than maximum facilities, but in excess of that which would beclassified as CO. With an antenna height of 674 Meters Above AverageTerrain and Effective Radiated Power of 36 KW (License BLH­1984042700) the interference free coverage extends 84 KM. To allowthe upgrade of KBRU-FM as requested, KTUN-FM seeks to downgradeslightly, change channel to 269C1 and to move to a different site.

KTUN-FM can be reallotted in full compliance with the spacingrequirements of 47 CFR 73.207 at coordinates 39-45-15 North 106-54-13West. Please see Exhibit E1. The Community of Eagle, Colorado liesentirely within the hypothetical City Grade coverage contour of theproposed KTUN-FM facility. Please see Exhibit E2

Page 12: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

Presently KTUN, with the licensed 268C facility, provides interference freecoverage to 136,428 persons in an area of 22,167 Sq. KM. The proposeddowngraded and moved facility will provide interference free coverage to114,690 persons in an area of 16,422.1 Sq. KM. This is a loss of serviceto 21,738 persons in an area of 5,745 Sq. KM.

3. KOLT, 267C, Bridgeport, Nebraska

This petition seeks a change of channel for station KOLT-FM from thepresent 267C to 277C. Station KOZY-FM, formerly 280C3, was orderedto 239C3 in Docket 97-106. As such, there is no conflict and KOLT canbe assigned 277C at the present licensed site in full compliance with therequirements of 47 CFR 73.207. Please see Exhibit BR1.

4. NEW, 267C1, Bayard, Nebraska

This petition seeks the allotment of channel 267C1 to the Community ofBayard, Nebraska. Bayard, Nebraska is a U.S. Census City withpopulation 1,247 persons in an area of 1.8 Sq. KM. Bayard presently hasno local aural service.

267C1 can be allotted without a site restriction at coordinates 41-45-22North, 103-19-26 West in full compliance with the spacing requirements of47 CFR 73.207, provided KOLT is reassigned to operate on channel277C. Please refer to Exhibit B1. The Community boundaries of Bayardlie completely within the hypothetical City Grade contour of the proposednew facility. Please see Exhibit B2.

The proposed new facility at Bayard will provide an additional interferencefree service to 62,490 persons in an area of 16,422.1 Sq. KM.

Page 13: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

5. NEW, 265C2, Fort Laramie, Wyoming

This petition seeks the allotment of channel 265C2 to the Community ofFort Laramie, Wyoming. Fort Laramie, Wyoming is a U.S. Census Townwith a population of 243 persons in an area of 0.7 Sq. KM. Fort Laramiepresently has no local aural service.

265C2 can be allotted without a site restriction at coordinates 42-27-37North 104-27-10 West in full compliance with the spacing requirements of47 CFR 73.207, provided KOLT is reassigned to operate on channel 277Cand the channel of the 265A facility at Douglas, Wyoming is substituted ..Please refer to Exhibit F1. The Community boundaries of Fort Laramie liecompletely within the hypothetical City Grade contour of the proposed newfacility. Please see Exhibit F2.

The proposed new facility at Fort Laramie will provide an additionalinterference free service to 14,151 persons in an area of 8,560.4 Sq. KM.

6. VACANT, 265A, Douglas, Wyoming

Compliance with 47 CFR 73.207 for the new allotment at Fort Laramie,Wyoming requires a substitution of the channel for the 265A allotment atDouglas, Wyoming. This petition proposes 229A as the replacement,which can be substituted at the present site reference for the 265Aallotment. 227A or 228A also appear suitable.

7. Summary

This petition, if adopted in the entirety, will provide first local service forthree Communities in three adjoining states. A total of over 3,000 personswould be benefited in this way. Additionally, almost one and one-halfmillion persons would receive an additional interference free service overan area of almost 50,000 square kilometers, while only 21,738 persons inan area of 5,745 square kilometers would lose a interference free service.No person would be underserved by this proposal.

For these reasons, this petition should be granted.

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Affidavit and Qualifications of Technical Consultant

State of Illinois )Community of Forest Lake ) ss:County of Lake )

Frank G. McCoy, being duly sworn, deposes and says that he is an employee ofAmerican Media Services which firm has been engaged to provide technical and otherconsulting in connection with the preparation of the attached.

He attended Illinois Institute of Technology in Chicago and has been active in broadcastengineering for over 25 years as an employee of and consultant to numerous FCClicensees.

The attached Technical Narrative and the associated exhibits were either prepared by himor under his direction and are believed to be true and correct.

Dated: June 6, 2002

Frank G. McCoyAffiant

Seal

Page 15: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002

FM Study for: KBRUFMLocation: HUDSON, CO

[*J by HAATCall City, StateStatus Proponent

Frank McCoy

FCC Database Date: 5/31/2002Channel Class: C

indicates calculated as missing in database.Chan Class Freq kW Latitude Dist.

File Number HAAT Longitude Azm.

Exhibit Hl

39-55-27103-58-25

RequiredClear (km)

»»»» Study For Channel 268 101.5 mHz ««««

KBRUFM FORT MORGAN, COAPP Fac. No. 38629

Note: Pending application

268 C 101. 5BPH-20011009ABZ

site for KBRU.

92.0621

39-55-27103-58-25

0.0 2900.0 -290.0 SHORT

ALLOCR FLAGLER, CO 268 C2 101.5 39-28-32 104.8 249ADD RM-vm90 0 102-53-54 118.0 -144.2 SHORT

Note: This petition was withdrawn by the petitioner.

KBRUFM FORT MORGAN, CO 269 A 101.7 3.00 40-15-31 38.6 165LIC Fac. No. 38629 BLH-3983 41 103-51-07 15.6 -126.4 SHORT

Note: Existing licensed facility of KBRU

KTUNLIC

Note:

EAGLE, COFac. No. 44012

KTUN is proposed

268 C 101.5 36.0 39-44-18BLH-19840427DO 674 106-47-58

to change to 269Cl in this petition.

242.8266.0

290-47.2 SHORT

KOLTFM BRIDGEPORT, NIlLIC Fac. No. 81766

Note: KOLT is proposed

267 C 101.3 100.BLH-20010827AAD 339

to change to 277C at the

41-50-23 213.1 241103-49-36 3.3 -27.9 SHORT

present site in this petition.

proposed new service in this petition.

ALLOCADD

Note:

BAYARD, NE 267 Cl 101. 3 41-45-22103-19-26

210.69 20914.9 +1.69 CLOSE

KOSILIC

KOSICP

KNECLIC

DENVER, COFac. No. 67844

DENVER, COFac. No. 67844

YUMA, COFac. No. 84353

266 C 101.1 66.0+BMLH-19960415KK 495

266 C 101.1 81.0+BPH-20010214ABZ 495

265 C3 100.9 25.0BLH-19990427KB 106

39-43-45105-14-06

39-43-45105-14-06

40-00-33102-45-37

110.1259.1

110.1259.1

104.184.4

105+5.1

105+5.1

96+8.1

CLOSE

CLOSE

CLOSE

KTUNAPP

Note:(used266.6

EAGLE, CO 269 Cl 101.7 36.0+ 39-44-18 242.8 209Fac. No. 44012 BPH-20020122AAS 674 106-47-58 266.0 +33.8 CLEAR

Pending one step application site for KTUN. One-step allotment referenceherein as the reference site for KTUN) is 251.51 KM distant at bearingdegrees True and is clear by a margin of 42.51 KM.

NEW

APPSTERLING, COFac. No. 89509

214 C2 90.7 25.0BPED-19971222MB 111

40-29-46103-38-23

69.624.0

35+34.6 CLEAR

KMUSFM BURNS, WY

LIC Fac. No. 56234270 C2 101.9 50.0

BMLH-19950920KD 15041-07-01

104-40-07145.0336.3

105+40.0 CLEAR

Page 16: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

~" .--o --il': -----

'-......~....lI-.. .-P----..--

50

o~

25

" 0 •

o

kilometers -- ---,

li'

Hypothetical70 dBu Contour

/

o

/, /

//

+~39'55-27 N103-58-25 W

'\

D

.//~-,,------_._/~- -_./

~/ -y

.,

""

/-- Community Boundariesj$f', of Hudson, CO

Q

.i'ci:J

?JC\

.I:>

...c 0

r"

Exhibit H2 Hypothetical Coverage MapKBRU 268C Hudson, CO

Page 17: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

~

'l"

•til

••

'__Hypothetical60 dBu ContourKBRU 268C

•;>

,..

Hypothetical60 dBu ContourKBRU 269A

Gain Area

I

+

""

"

.,•

~

~ ",.,

... l'

Exhibit H3 KBRU Gain Area (No Loss Area)a 25 50

kilometers

Page 18: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002

FM Study for: ALLOCLocation: EAGLE, CO

[*1 by HAATCall City, StateStatus Proponent

Frank McCoy

FCC Database Date: 5/31/2002Channel Class: Cl

indicates calculated as missing in database.Chan Class Freq kW Latitude Dist.

File Number HAAT Longitude Azm.

Exhibit El

39-45-15106-54-13

RequiredClear (km)

»»»» Study For Channel 269 101.7 mHz ««««

ALLOCVAC

Note:

EAGLE, COFac. No. 44012

One step reference

269 Cl 101.7 39-45-15 0.0 245o 106-54-13 0.0 -245.0

for pending KTUN application BPH-20020l22AAS.SHORT

KTUNAPP

Note:

EAGLE, CO 269 Cl 101.7 36.0+Fac. No. 44012 BPH-20020122AAS 674

Tower site for pending KTUN application.

39-44-18106-47-58

9.1 245101.1 -235.9 SHORT

KTUNLIC

Note:

EAGLE, COFac. No. 44012

Existing licensed

268 C 101.5BLH-19840427DO

facility for KTUN.

36.0674

39-44-18106-47-58

9.1 209101.1 -199.9 SHORT

ALLOCR PAONIA, COADD

Note: 270C2 was allotted

270 C2 101.9RH-195 0

to Olathe, Colorado in

38-52-26 120.6107-43-24 216.1

Docket 99-28.

158-37.4 SHORT

ALLOCR PAONIA, COADD

Note: 270C2 was allotted to

ALLOCR PAONIA, COADD

Note: 270C2 was allotted to

270 A 101. 9RH-9346 0Olathe, Colorado in

270 A 101. 9RH-195 0Olathe, Colorado in

38-52-06 114.9107-35-36 211.4

Docket 99-28.

38-52-06 114.9107-35-36 211.4

Docket 99-28.

133-18.1

133-18.1

SHORT

SHORT

KKCSFM COLORADO SPRINGS, CO 270 C 101.9 72.0LIC Fac. No. 70822 BLH-19960111KJ 695

38-44-43104-51-41

208.86 209121.8 -0.14 CLOSE

ALLOCR OLATHE, COADD

270 C2 101.9RH-9438 o

38-36-18107-58-54

157.93 158216.5 -0.07 CLOSE

KSMTLIC

BRECKENRIDGE, COFac. No. 57336

272 ABLH-6825

102.3 3.00-70

39-29-44106-01-44

80.4110.6

75+5.4 CLOSE

KOSILIC

KOSICP

DENVER, COFac. No. 67844

DENVER, COFac. No. 67844

266 C 101.1 66.0+BMLH-19960415KK 495

266 C 101.1 81.0+BPH-20010214ABZ 495

39-43-45105-14-06

39-43-45105-14-06

143.190.6

143.190.6

105+38.1

105+38.1

CLEAR

CLEAR

Page 19: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

l'

Qkft

<;l,

~Hypothetical ~70 dBu Contour....-

~

..

39-45-15 N106-54-13 W

+/

\Community Boundariesof Eagle, CO

~

c#

<&

Exhibit E2 Hypothetical Coverage Map269C1 Eagle, CO

o 25 50

I I I Ikilometers

Page 20: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002 Frank McCoy Exhibit BR1

FM Study for: KOLTFM FCC Database Date: 5/31/2002Location: BRIDGEPORT, NE Channel Class: C

[*l by HAAT indicates calculated as missing in database.Call City, State Chan Class Freq kW Latitude Dist.Status Proponent File Number HAAT Longitude Azm.

»»»» Study For Channel 277 103.3 mHz ««««

41-50-23103-49-36

RequiredClear (km)

KOZYFM GERING, NELIC Fac. No. 67473

Note: KOZY ordered to

280 C3 103.9 7.00BLH-19960807KE 31

239C3 in Docket 97-106

41-51-50103-42-20

10.475.0

96-85.6 SHORT

ALLOCR CHEYENNE, NYADD

280 C1 103.9RM-spm94 o

41-04-35104-33-49

104.76 105216.2 -0.24 CLOSE

ALLOC HANNA, NYVAC

277 A 103.3RM-9670 o

41-52-06106-34-00

227.51 226271.7 +1.51 CLOSE

ALLOCR CHEYENNE, NYDEL

280 C2 103.9RM-spm94 o

41-08-17104-48-22

113.0226.7

105+8.0 CLOSE

ALLOC CHEYENNE, NYVAC

280 C2 103.9RM-9071 o

41-08-17104-48-22

113.0226.7

105+8.0 CLOSE

KAVD

APPPARKER, COFac. No. 79249

276 C 103.1 100.BPH-20011207AAM 600

39-29-43104-02-06

260.9183.9

241+19.9 CLEAR

KRFXLIC

DENVER, COFac. No. 29731

278 CBLH-4823

103.5 100.320

39-43-50105-14-07

262.7207.4

241+21. 7 CLEAR

ALLOC PARKER, CORSV

276 C 103.1RM-9890 o

39-26-08104-02-05

267.5183.8

241+26.5 CLEAR

Page 21: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002

FM Study for: NEWLocation: BAYARD, NE

[*l by IlAATCall City, StateStatus Proponent

Frank McCoy

FCC Database Date: 5/31/2002Channel Class: C1

indicates calculated as missing in database.Chan Class Freq kW Latitude Dist.

File Number IlAAT Longitude A.m.

Exhibit B1

41-45-22103-19-26

RequiredClear (km)

»»»» Study For Channel 267 101.3 mHz ««««

KOLTFM BRIDGEPORT, NELIC Fae. No. 81766

Note: Proposed in this

267 C 101.3 100. 41-50-23 42.8 270BLH-20010827AAD 339 103-49-36 282.7 -227.2

petition to change to 277C at the present site.SHORT

KBRUFM FORT MORGAN, COAPP Fae. No. 38629

Note: Pending application

268 C 101. 5BPH-20011009ABZ

for KBRU

92.0621

39-55-27103-58-25

210.69 209195.3 +1.69 CLOSE

KBRUFM HUDSON, CO 268 C 101.5ADD Fae. No. 38629

Note: Proposed change of community and class

39-55-27 210.69 209103-58-25 195.3 +1.69

upgrade in this petition.CLOSE

NEWADD

Note:

FORT LARAMIE, WY 265 C2 100.9Fae. No. 38629

Proposed new service in this petition.

42-27-37104-27-10

121. 8310.3

79+42.8 CLEAR

._-----------------------------------

Page 22: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

Hypothetical70 dBu Contour

,V-

..~

~

o .."

lJ

'<;\

.:l

~

a

a

. \ ~Community Boundariesof Bayard, NE

• c

...G

,

Exhibit B2 Hypothetical Coverage267C1 Bayard, NE

o H ~

i I I Ikilometers

Page 23: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002 Frank McCoy Exhibit FJ.

FM Study for: NEW FCC Database Date: 5/3J./2002Location: FORT LARAMIE, WY ChanneJ. CJ.ass: C2

[*l by HAAT indicates calculated as missing in database.CaJ.J. City, State Chan CJ.ass Freq kW Latitude Dist.Status Proponent FiJ.e Number HAAT Longitude Azm.

»»»» Study For Channel 265 100.9 MHz ««««

42-27-37J.04-27-J.0

RequiredCJ.ear (km)

ALLOCR DOUGLAS, WYADD

Note: Proposed in thisalso appear suitable.

265 A J.00.9RM-

petition to change to

42-45-J.8 84.7 J.66o J.05-24-J.8 293.J. -8J..3 SHORTalternate channel 229A. 227 or 228

KOLTFM BRIDGEPORT, NELIC Fac. No. 81766

Note: Proposed in this

267 C 101.3 J.OO.BLH-20010827AAD 339

petition to change to 277C

41-50-23 86.2 J.05103-49-36 J.42.9 -18.8at the present site.

SHORT

KOLZ CHEYENNE # WY 264 Cl 100.7 97.0 41-06-01 J.57.89 J.58LIC Fac. No. 30225 BLH-J.9790806AO J.49 105-00-23 J.97.J. -0.11 CLOSE

KDDX SPEARFISH, SD 266 C J.01.1 100. 44-J.9-35 213.3 J.88LIC Fac. No. 17689 BLH-20000112ABW 545 103-50-06 13.4 +25.3 CLEAR

ALLOC ALLIANCE, NE 263 CJ. 100.5 42-07-01 116.4 79RSV RM-9890 0 J.03-07-09 108.7 +37.4 CLEAR

ALLOC BAYARD, NE 267 Cl J.01.3 41-45-22 J.21. 8 79ADD 0 103-19-26 J.29.6 +42.8 CLEAR

Note: Proposed new service in this petition.

Page 24: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

HypotheticalI;) ..A 70 dBu Contour

• j.... I II

C]

"..

'!l.

+~42-27-37 N104-27-10 W

~

Exhibit F2 Hypothetical Coverage Map265C2 Fort Laramie, WY Iii

kilometers

o[J Community of

Fort Laramie, WY~

o 15 30

Page 25: DOCKET FILE COpy ORIGINAL ORIGINAL · KBRU-FM from Fort Morgan to Hudson under the guidelines set forth in Amendment ofthe Commission's Rules Regarding Modification ofFM and TV Authorizations

06-06-2002 Frank McCoy Exhibit D1

FM Study for: ALLOCR FCC Database Date: 5/31/2002Location: DOUGLAS, WY Channel Class: A

[*] by HAAT indicates calculated as missing in database.Call City, State Chan Claas Freq kW Latitude Dist.Status Proponent File Number HAAT Longitude Azm.

42-45-18105-24-18

RequiredClear (km)

»»»» Study For Channel 229 93.7 mHz ««««

ALLOCR CHEYENNE, WY 229 C1 93.7 41-06-47 205.1 200ADD RM-spm94 0 104-16-24 152.4 +5.1 CLOSE

KYTI SHERIDAN, WY 229 C 93.7 75.0 44-37-20 249.1 226LIC Fac. No. 12931 BLH-19990914AAN 368 107-06-57 327.0 +23.1 CLEAR

KYTI SHERIDAN, WY 229 C 93.7 75.0 44-37-20 249.1 226CP Fac. No. 12931 BMPH-19990401IB 368 107-06-57 327.0 +23.1 CLEAR