**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-276

Table of Allotments, ) RM-9702

FM Broadcast Stations. )

(Scappoose and Tillamook, Oregon) )

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

**(Proceeding Terminated)**

**Adopted: June 14, 2000 Released: June 23, 2000**

By the Chief, Allocations Branch:

1\. At the request of Thunderegg Wireless, L.L.C. (\"petitioner\"),
licensee of Station KJUN, Tillamook, Oregon, the Commission has before
it the [Notice of Proposed Rule Making]{.underline}, 14 FCC Rcd 14178
(1999), proposing the reallotment of Channel 281C3 from Tillamook to
Scappoose, Oregon, as the community\'s first local aural service, and
the modification of Station KJUN\'s license to specify Scappoose as its
community of license. Petitioner filed comments reiterating its
intention to apply for the channel, if allotted. No other comments were
received.

2\. Based on the record before us, we believe that the public interest
would be served by reallotting Channel 281C3 from Tillamook to
Scappoose, as the community\'s first local aural service. As stated in
the [Notice]{.underline}, Scappoose is an incorporated community with a
1990 U.S. Census population of 3,529 persons, its own local government
which provides residents with municipal services such as fire and police
protection, schools and a water system. In addition, it has other
community attributes such as churches, retail and manufacturing
businesses, doctors, and two local weekly newspapers. Tillamook, with a
1990 U.S. Census population of 4,001 persons, will retain local aural
service from Stations KTIL-FM and KMBD(AM).[^1] The allotment of Channel
281C3 to Scappoose will also enable Station KJUN to provide service to
an additional 704,242 persons with a 4,803 square kilometer (1,854
square mile) area. We recognize that 21,447 people will lose service, of
which 14,655 will continue to receive at least five services. Of the
remaining 6,792 people, 4,312 people will receive four services, 2,461
people will receive three services and 19 people will be underserved
with only two services. However, we believe that the need to provide a
first local service to Scappoose and the far greater number of people
who will receive an additional service outweighs the relatively small
population which will lose service. Additionally, no white or gray area
will be created by the grant of this proposal. Further, Scappoose is not
located within any Urbanized Area and the station\'s predicted 70 dBu
contour will cover only ten percent of the Portland, Oregon-Vancouver,
Washington, Urbanized Area. Therefore, we find that the reallotment will
result in a preferential arrangement of allotments since it will further
the third allotment priority, the provision of a first local aural
service, while the channel\'s retention at Tillamook will serve only the
fourth allotment priority.[^2] In accordance with Section 1.420(i) of
the Commission\'s Rules, we will also modify petitioner\'s license for
Station KJUN to specify Scappoose as its community of license.

3\. Channel 281C3 can be allotted to Scappoose in compliance with the
Commission\'s minimum distance separation requirements with a site
restriction of 6.5 kilometers (4.1 miles) northwest to accommodate
petitioner\'s desired transmitter site.[^3] Canadian concurrence in the
allotment has been obtained since Scappoose is located within 320
kilometers (200 miles) of the U.S.-Canadian border.

4\. 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 7, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

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

Scappoose, Oregon 281C3

Tillamook, Oregon 231C3

5\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Thunderegg
Wireless, L.L.C. for Station KJUN, Channel 281C3, Tillamook, Oregon, IS
MODIFIED to specify Scappoose, Oregon, in lieu of Tillamook, Oregon, as
its community of license, subject to the following conditions:

\(a\) Within 90 days of the effective date of this [Order]{.underline},
the licensee shall submit to the Commission a minor change application
for a construction permit (Form 301).

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with Section 73.1620.

\(c\) 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.

6\. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m), any
party seeking a change of 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, Thunderegg Wireless, L.L.C., licensee of Station
KJUN, is required to submit a rule making fee in addition to the fee
required for the applications to effect the change in community of
license and/or upgrade.

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

8\. For further information concerning this proceeding, contact
Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: There are also applications pending for noncommercial educational
    stations at Tillamook on Channels 208A by Oregon Public Broadcasting
    (BPED-990503MA and 216A by Tillicum Foundation (BPED-980706MA).

[^2]: The allotment priorities are: (1) first fulltime aural service;
    (2) second fulltime aural service; (3) first local aural service;
    and (4) other public interest matters. Co-equal weight is given to
    priorities (2) and (3). [See]{.underline}, [Revision of FM
    Assignment Policies and Procedures]{.underline}, 90 FCC 2d 88
    (1982).

[^3]: The coordinates for Channel 281C3 at Scappoose is 45-46-58 NL;
    122-57-13 WL.