**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.606(b), ) MM Docket No. 01-82

Table of Allotments, ) RM-10068

Television Broadcast Stations. )

(Bend, Oregon) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: February 25, 2004 Released: March 5, 2004**

By the Chief, Video Division:

1\. At the request of 3-J Broadcasting Company ("3-J"), the Commission
has before it the [Notice of Proposed Rule Making]{.underline}, 16 FCC
Rcd 7791 (2201), proposing the allotment of channel 51 to Bend, Oregon.
3-J and Bend Licenses, LP ("Bend Licenses")[^1] filed comments. 3-J and
WatchTV, Inc. filed reply comments.[^2]

2\. Bend Licenses opposes the allotment of channel 51 because it
believes the new allotment will not provide adequate contour protection
to Class A station KOXO-CA, channel 51, Newburg, Oregon. Bend Licenses
submits that television channel 51 contour overlap would totally
encompass station KOXO-CA service area. Bend Licenses also states that
the grant of 3-J's channel allotment constitutes an inefficient use of
the broadcast spectrum. Specifically, it argues that the benefits
derived from an analog television allotment at Bend are short-lived
since analog broadcast licenses cannot be renewed beyond December 31,
2006. Furthermore, Bend Licenses maintains that numerous LPTV/TV
Translator stations will be displaced by the use of channel 51, many of
which will be unable to relocate to a suitable replacement channel due
to spectrum congestion.[^3]

3\. In response, 3-J contends that there is no prohibited interference
to KOXO-CA. It argues that extreme terrain shielding exists between Bend
and Newburg because of the Cascade Mountains. 3-J also maintains that
the licensee of channel 51 will operate with reduced power and a
directional antenna due to the proximity of the Deschutes National
Forest and the Cascade Mountains. It argues that, because of the terrain
shielding effects, some of the co-channel 51 LPTV stations located in
Eugene, London Springs, Roseburg, Cave Junction, Miton-Freewater and The
Dalles will not be subject to interference.[^4] In any event, 3-J states
that the Commission decided that LPTV and translator stations are
secondary in nature, and will not be allowed to prevent the initiation
of new full-power television service. 3-J submits that Bend is a growing
community with a population of 52,029 persons, which would benefit from
the addition of a new commercial television service.

**[DISCUSSION]{.underline}**

4\. As a threshold matter, we find that the public interest will be
served by allotting channel 51 to Bend, Oregon. As 3-J notes, Bend is
growing community with two noncommercial television allotments and only
one local commercial television service. We have reviewed the issues
raised by Bend Licenses and found no basis for denying the proposal.
First, with respect, to interference to Class A station KOXO-CA,
Newburg, Oregon, our technical analysis finds no contour encompassment
or potential for interference. The communities of Bend and Newburg are
almost 200 miles apart and separated by the Cascade Mountains; a fact
not disputed by Bend Licenses. The extreme terrain shielding that exists
between Bend and Newburg assuages any concerns about protection of
KOXO-CA. In fact, our independent engineer evaluation supports the
conclusion that the terrain-limited contours of KOXO-CA as proposed,
with the 200 kW facilities with directional antenna, would not overlap.
In addition, we find the displacement issues raised regarding
LPTV/translators stations are without merit. These stations are not full
service facilities, but rather secondary services, and, as such, are not
entitled to interference protection.[^5]

5\. Finally, Bend Licenses argument that the benefits derived from an
analog television allotment at Bend are short-lived since analog
licenses cannot be renewed beyond December 31, 2006, does not bar the
proposed allotment. The Commission has clearly stated that non-paired
analog licensees will be allowed to "flash-cut" to digital in 2006 on
their assigned allotments or on such other channels that may be
available after paired licensees make their final DTV channel election.

**[TECHNICAL]{.underline}**

6\. We believe the public interest would be served by allotting channel
51 to Bend, Oregon, since it would provide the community with its second
local commercial TV service. A staff engineering analysis indicates that
channel 51 can be allotted to Bend with a zero offset in compliance with
the minimum distance separation requirements of Sections 73.610 and
73.698 of the Commission Rules. The coordinates for channel 51 at Bend
are North Latitude 33-03-30 and West Longitude 121-18-30.

7\. 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 April 19, 2004, the TV Table of
Allotments, Section 73.606(b) of the Commission\'s Rules, IS AMENDED,
with respect to the community listed below, to read as follows:

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

Bend, Oregon \*3+, \*15, 21+, 51

8\. A separate *Order* will be issued announcing the window period for
filing applications for TV channel 51 at Bend, Oregon.

9\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

10\. For further information concerning this proceeding, contact Pam
Blumenthal, Media Bureau, (202) 418-1600.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: Bend Licenses is the licensee of television station KTVA-TV, Bend,
    Oregon.

[^2]: WatchTV, Inc. is the licensee of Class A station KOXO-CA, Newburg,
    Oregon. WatchTV filed opposing reply comments stating it objects to
    the new channel because it will cause interference to station
    KOXO-CA. WatchTV filed reply comments but no initial comments. We
    consider WatchTV's comments untimely since they raise matters that
    should have been filed during the initial comment period. *See*
    Section 1.415(c) of the Commission's Rules. Nevertheless, the
    alleged interference claim submitted by WatchTV was also raised by
    Bend Licenses and will be addressed.

[^3]: Bend Licenses provided a list of LPTV stations that potentially
    will be displaced by the grant of 3-J's proposal, assuming the
    facility employs 5000 kW at the KTVZ site. The list include stations
    located in Eugene, London Springs, Roseburg, Milton, Cave Junction,
    The Dallas, Prineville, Terrebonne, Madras, Black Butte Ranch, and
    Bend.

[^4]: 3-J notes that three LPTV applications tendered on channel 51 for
    Bend and Black Butte Ranch will be displaced by the grant of 3-J's
    proposal because of their close proximity to Bend, Oregon.

[^5]: *See Establishment of a Class A Television Service*, 15 FCC Rcd
    6355 (2000), *See also, Sixth Report and Order;* Advance Television
    Systems and Their Impact Upon the Existing Television Broadcast
    Service, *Memorandum Opinion and Order on Reconsideration of the
    Sixth Report and Order*, 13 FCC Rcd 7418 (1998) ("*MO&O Sixth Report
    and Order"*).