Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-114

Table of Allotments, ) RM-8902

FM Broadcast Stations. )

(Lake Havasu City, Arizona, and ) Laughlin, Nevada) ) )

)

Amendment of Section 73.622(b), )

DTV Table of Allotments, )

DTV Broadcast Stations. )

(Lake Havasu City, Arizona, and )

Laughlin, Nevada) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: June 21, 2000 Released: June 30, 2000

> By the Chief, Allocations Branch:

1\. Before the Commission for consideration is the [Notice of Proposed
Rule Making]{.underline} (\"[Notice]{.underline}\"), 14 FCC Rcd 6154
(1999), issued in response to a petition for rule making filed on behalf
of Mojave Broadcasting Company (\"Mojave\" formerly Meridian
Communications Company), permittee of television Station KMCC, Channel
34+, Lake Havasu City, Arizona, proposing the reallotment of its NTSC
Channel 34+, as well as its DTV Channel 32, from Lake Havasu City to
Laughlin, Nevada, as that community\'s first local television service.
Petitioner filed supporting and reply comments in response to the
[Notice]{.underline} as well as a supplemental statement.[^1] Supporting
comments were also filed by United States Senator Harry Reid of Nevada,
and by KPNX Broadcasting Company (KPNX\").[^2] Comments filed by Rick
Murphy were subsequently withdrawn.[^3] No other comments were received.

[Background]{.underline}

2\. As stated in the [Notice]{.underline}, petitioner\'s request was
filed pursuant to the provisions of Section 1.420(i) of the
Commission\'s Rules which permits the modification of a station
authorization to specify a new community of license without affording
other interested parties an opportunity to file competing expressions of
interest where the requested allotment would be mutually exclusive with
the existing allotment. Moreover, to permit such a reallotment
modification the proposal must result in a preferential arrangement of
allotments. [See]{.underline} [Modification of FM and TV Authorization
to Specify a New Community of License (\"Change of Community
R&O\")]{.underline}, 4 FCC Rcd 4870 (1989), [recon. granted in
part]{.underline} [(\"Change of Community MO&O\")]{.underline}, 5 FCC
Rcd 7094 (1990). Television reallotment proposals are evaluated pursuant
to the television reallotment priorities set forth in the [Sixth Report
and Order on Television Allocations]{.underline}, 41 FCC 148, 167
(1952).[^4]

3\. Additionally, the [Notice]{.underline} announced that the proposed
reallotment of Channel 34+ to Laughlin would remove the only television
channel allotted to Lake Havasu City. However, as Station KMCC has not
commenced operation at Lake Havasu City, the reallotment proposal would
not represent a loss of service to the residents of that community. As
set forth in the [Notice]{.underline} petitioner demonstrated that the
proposed reallotment of Channel 34+ to Laughlin would permit Station
KMCC to provide service to a greatly expanded area and population than
could be accomplished with its currently authorized facility at Lake
Havasu City.[^5] Petitioner contends that given the potential increase
in Grade B service as well as the provision of a second visual service,
the proposed reallotment to Laughlin is in the public interest.
[Cf]{.underline}. [Farmington and Gallup, New Mexico]{.underline}, 11
FCC Rcd 2357 (1996).

4 While the [Notice]{.underline} proposed to reallot NTSC Channel 34+ as
well as DTV Channel 32 from Lake Havasu City, Arizona, to Laughlin,
Nevada, and modify the authorization of Station KMCC accordingly, the
Bureau solicited comments on whether alternate transmitter sites are
available that would permit Station KMCC to improve its facilities while
continuing to serve Lake Havasu City as its authorized community of
license.

5\. In response to the Commission\'s request concerning the availability
of alternate sites to maintain the allotment of Channel 34+ at Lake
Havasu City, petitioner reports that the Crossman Peak site specified in
its existing authorization, which is limited by the unavailability of
commercial electric power, is the only developed site to its knowledge
to accommodate service to that community. Besides hampering its ability
to provide adequate service on Channel 34+, petitioner believes that the
power limitation at Crossman Peak would also present difficulties in
relation to the implementation of DTV operations there in the future.
Therefore, petitioner comments that the requested reallotment of Channel
34+ and paired DTV Channel 32 to Laughlin is consistent with the
Commission\'s television allotment priorities as it will provide a first
local service to that community and enable Station KMCC to provide
service to a substantially larger population and area[^6].[^7]
Accordingly, petitioner has identified a revised site to accommodate its
proposal located south of Laughlin at coordinates 35-03-12 NL and
114-37-10 WL. Petitioner reports that from the intended Laughlin site,
assuming a maximum facility (5000 kilowatts) at a height above average
terrain of 29 meters, it could provide predicted Grade B service to
98,078 persons in an area of 10,873 square kilometers, as well as a
second visual service to 40,267 persons in an area of 5,035 square
kilometers.[^8] Moreover, petitioner advises that analog Channel 34+ at
the assumed Laughlin location will cause interference to only 7 people
(0.0003%) within the service area of the DTV allotment for Station
KTVW-TV, Channel 34, Phoenix, Arizona. Further, petitioner\'s
engineering statement reports that if DTV Channel 32 is allotted at the
specified Laughlin site, employing an effective radiated power of 150
kilowatts at 29 meters HAAT to approximately replicate the assumed
Channel 34 analog coverage, it will not cause calculated interference to
other pertinent analog and DTV allotments.

6\. Additionally, petitioner provided an extensive community profile of
Laughlin, a Census Designated Place, to establish that it is a
self-sufficient, rapidly growing community, that contains its own
governing body, transportation facilities, library, medical center,
schools, Chamber of Commerce and major employment units. In further
support of its proposal, petitioner provided letters from local Laughlin
officials and business leaders, all of whom advocate their support for
the opportunity to gain local television service at their burgeoning
community.

7\. A staff engineering review of the proposal reveals that in the event
Station KMCC could operate at its present site at Lake Havasu City at
coordinates 34-33-06 NL and 114-11-37 WL, with its authorized facilities
(*i.e.*, 468 kilowatts effective radiated power at 817 meters HAAT), the
Grade B (64 dBu) contour would extend 88.4 kilometers, and would serve
107,944 people in an area of approximately 24,539 square kilometers.
However, as indicated in the [Notice]{.underline}, due to the
unavailability of commercial electric power at the authorized site,
Station KMCC would not have been able to operate with its authorized
power. Instead, because of power limitations at its authorized site,
Station KMCC would have provided Grade B service to approximately 51,274
persons in an area of 10,193 square kilometers, including a second
visual service to 49,273 persons in an area of 9,572 square kilometers.
Conversely, as noted in paragraph 6 above, the reallotment of Channel
34+ from Lake Havasu City to Laughlin, Nevada, would primarily enable
Station KMCC to provide a first local television service to Laughlin,
and provide predicted Grade B service to a larger population and area.

8\. Based upon the information presented, as the petitioner\'s
reallotment request is consistent with the provisions of Section
1.420(i) of the Commission\'s Rules, we will reallot NTSC Channel 34+ as
well as DTV Channel 32 from Lake Havasu City, Arizona, to Laughlin,
Nevada, and modify the authorization of Mojave Broadcasting Company for
television Station KMCC, as requested.

9\. NTSC Channel 34+ and DTV Channel 32 can be allotted to Laughlin,
Nevada, consistent with the technical requirements of the Commission\'s
Rules at the petitioner\'s specified site located 13.2 kilometers (8.2
miles) south of the community at coordinates 35-03-12 NL and 114-37-10
WL. Specifically, the NTSC Channel 34 allotment at Laughlin complies
with the principal community coverage requirements of Section 73.685(a),
meets the minimum distance separation requirements of Section 73.610
with respect to all other NTSC TV stations, does not have a negative
impact on any LPTV station that has been certified as eligible for Class
A Television status pursuant to the [Report and Order]{.underline} in MM
Docket No. 00-10 (FCC 00-115, adopted March 28, 2000, released April 4,
2000), and conforms to the DTV protection requirements established in
the DTV [Sixth Report and Order]{.underline}.[^9] The DTV Channel 32
allotment at Laughlin does not have a negative impact on any LPTV
station that has been certified as eligible for Class A Television
status and meets the 2 percent criterion for [de]{.underline}
[minimis]{.underline} impact that is applied in evaluating requests for
modification of initial DTV allotments under Section 73.623(c)(2) with
the following specifications:

+------------+-------------+-------------+-------------+-------------+
| State &    | DTV         | DTV power   | Antenna     | DTV Service |
| City       |             |             |             |             |
|            | Channel     | (kW)        | HAAT (m)    | Pop.        |
|            |             |             |             | (thous.)    |
+------------+-------------+-------------+-------------+-------------+
| NV         | 32          | 150.0       | 29          | 51          |
| Laughlin   |             |             |             |             |
+------------+-------------+-------------+-------------+-------------+

Additionally, as Laughlin is located within 320 kilometers (199 miles)
of the Mexico border, the Commission obtained the concurrence of the
Mexican government to this proposal.

10\. Accordingly, pursuant to the authority contained in Sections 4(i),
5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as
amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission\'s
Rules, IT IS ORDERED, That effective August 14, 2000, the TV Table of
Allotments, Section 73.606(b) of the Commission\'s Rules, IS AMENDED
with respect to the communities listed below, as follows:

[City]{.underline} [Channel No.]{.underline}

Lake Havasu City, Arizona \--

Laughlin, Nevada 34+

11\. IT IS FURTHER ORDERED, That effective August 14, 2000, the DTV
Table of Allotments, Section 73.622(b) of the Commission\'s Rules, IS
AMENDED with respect to the communities listed below, as follows:

[City]{.underline} [Channel No.]{.underline}

Lake Havasu City, Arizona \-- Laughlin, Nevada 32

12\. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, the authorization of Mojave
Broadcasting Company for television Station KMCC, IS MODIFIED to specify
operation on NTSC Channel 34+ as well as paired DTV Channel 32 at
Laughlin, Nevada, in lieu of Lake Havasu City, Arizona, subject to the
following conditions:

> \(a\) Within 90 days of the effective date of this
> [Order]{.underline},
>
> the licensee shall submit to the Commission minor change applications
> for a construction permit (Form 301), for NTSC Channel 34+ and for DTV
> Channel 32, specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620; and,
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter location or to avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the
> Commission\'s Rules.
>
> 13\. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any
> party seeking a change in community of license of an FM or television
> allotment, or an upgrade of an existing FM allotment, if the request
> is granted, must submit a rule making fee when filing its application
> to implement the change in community of license and/or upgrade. As a
> result of this proceeding, Mojave Broadcasting Company, permittee of
> television broadcast Station KMCC, is required to submit a rule making
> fee in addition to the fee required for the application to effectuate
> the change in community of license for NTSC Channel 34+ and DTV
> Channel 32 at Laughlin, Nevada.
>
> 14\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
>
> 15\. For further information concerning the above, contact Nancy
> Joyner, Mass Media Bureau, (202) 418-2180.
>
> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]: ^?^The supplemental statement was late filed and not accompanied
    by a motion to accept. However, as this proceeding is uncontested
    and the supplemental statement contains additional technical
    information relating to the proposed reallotment, the statement has
    been accepted to enable the Commission to resolve this proceeding on
    the basis of a complete record.

[^2]: ^?^At the time this proposal was filed, KPNX was the licensee of
    Station KPNX(TV), an NBC affiliate, Mesa, Arizona, and well as
    Station KMOH-TV, Kingman, Arizona. Commission records reflect that
    assignment of the licenses of those stations to Multimedia Holdings
    Corporation was granted November 19, 1999 (see File No.
    BALCT-19991028ABE and File No. BALCT-19991028AAZ).

[^3]: ^?^Murphy\'s comments were not served on the petitioner as
    required by Section 1.420 of the Commission\'s Rules (see also
    paragraph 4 of the Appendix to the [Notice]{.underline}), and
    therefore constitute an *ex parte* violation. Under the
    circumstances, Murphy\'s comments would not have been considered in
    any event in this proceeding. See Sections 1.1200, 1.1202(b) and
    1.1208 of the Commission\'s Rules.

[^4]: ^?^These priorities are as follows: (1) to provide at least one
    television service to all parts of the United States; (2) to provide
    each community with at least one television broadcast station; (3)
    to provide a choice of at least two television services to all parts
    of the United States; (4) to provide each community with at least
    two television stations; and (5) assign any channels remaining to
    communities based on population, geographical location, and the
    number of television services available to the community from
    television stations located in other communities.

[^5]: ^?^As noted previously, from Station KMCC\'s currently authorized
    transmitter site located 13.8 kilometers east-northeast of Lake
    Havasu City at Crossman Peak, the unavailability of commercial
    electric power severely limits its operational capability. According
    to the petitioner, electricity generated on-site at Crossman Peak is
    sufficient to power only a ten-kilowatt television transmitter. As a
    result, operation therefrom would provide Grade B service to
    approximately 51,274 persons and an area of 10,193 square
    kilometers, including a second visual service to 49,273 persons in
    an area of 9,572 square kilometers. Further, petitioner reported
    that from a designated electronics site at Goldroad Crest at Oatman,
    Arizona, Station KMCC could provide Grade B coverage to 106,572
    persons in an area of 33,979 square kilometers, including a second
    visual service to 62,088 persons in an area of 21,182 square
    kilometers. However, petitioner advised that upon further evaluation
    it appears that shadowing problems at the latter site would prevent
    Station KMCC from complying with the requirements of Section
    73.685(a) of the Commission\'s Rules to provide 80 dBu coverage over
    the entire boundaries of Lake Havasu City.

[^6]: ^?^As an additional benefit of its proposal, petitioner advises
    that the reallotment proposal will enable it to secure an NBC
    network affiliation and ultimately provide new NBC Grade B service
    to 22,644 people in an area of 3,914 square kilometers as well as
    NBC network Grade A service to 56,372 persons in an area of 3,037
    square kilometers (population figures based on 1998 U.S. Census
    estimates). Further, petitioner reports that to comply with NBC
    territorial restrictions, it will seek to locate its transmission
    facilities for Station KMCC in or near Laughlin, Nevada, in lieu of
    Oatman, Arizona, as initially requested. Accordingly, petitioner has
    provided an assumed site to accommodate NTSC Channel 34+ as well as
    DTV Channel 32 at Laughlin, utilizing coordinates 35-03-12 NL and
    114-37-10 WL.

    Additionally, KPNX advised that if Station KMCC becomes an NBC
    affiliate, it will allow network television service to be provided
    to the extreme southern portion of Nevada, to areas not served
    directly by NBC affiliate Station KVBC(TV), Las Vegas, and will
    provide the opportunity for an additional NBC outlet in northwest
    Arizona, by co-owned Station KMOH-TV, Kingman, Arizona. (See
    footnote 2, [supra]{.underline}.)

[^7]: ^?^Petitioner also advises that although its proposal would remove
    the only television channel presently allotted to Lake Havasu City,
    according to its engineering study there are numerous other analog
    as well DTV channels that can be allotted to Lake Havasu City
    consistent with the Commission\'s technical requirements in the
    event there should be an expression of interest in maintaining a
    local television transmission facility at that community.

[^8]: ^?^Petitioner advises that its population figures are based on
    U.S. Census Bureau estimates as of July 1998.

[^9]: [See]{.underline} [Sixth Report and Order]{.underline} in MM
    Docket No. 87-268, 12 FCC Rcd 14588 (1997). [See]{.underline}
    [also]{.underline} [Additional Processing Guidelines for Digital
    Television (DTV]{.underline}), Public Notice, August 11, 1998, which
    can be found on the Internet at
    [http://www.fcc.gov/dtv/]{.underline}.