**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b) ) MB Docket No. 02-136

Table of Allotments, ) RM-10458

FM Broadcast Stations. ) RM-10663

(Arlington, The Dalles, Moro, Fossil, Astoria, ) RM-10667

Gladstone, Portland, Tillamook, Springfield-Eugene, ) RM-10668

Coos Bay, Manzanita and Hermiston, Oregon, and )

Covington, Trout Lake, Shoreline, Bellingham, )

Forks, Hoquiam, Aberdeen, Walla Walla, Kent, )

College Place, Long Beach, and Ilwaco, )

Washington) )

# ORDER TO SHOW CAUSE 

**Adopted: March 3, 2004 Released: March 5, 2004**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it a Counterproposal filed by New
Northwest Broadcasters, LLC ("NNB"), the licensee of Station KAST-FM,
Astoria, Oregon, in response to the *Notice of Proposed Rule Making*
("*Notice*") in this proceeding.[^1] The Counterproposal requests the
substitution of Channel 226C3 for Channel 225C1 at Station KAST-FM,
Astoria, Oregon, and the reallotment of Channel 226C3 from Astoria to
Gladstone, Oregon. This proposal is mutually exclusive with the
*Notice*'s proposed allotment of Channel 226A to Trout Lake, Washington.
To accommodate the foregoing changes, NNB requests that Channel 230C2 be
substituted for Channel 229C at Station KPDQ-FM, Portland, Oregon.[^2]
To accommodate the foregoing Portland proposal, NNB requests that
Channel 232C3 be substituted for Channel 231C3 at Station KTIL-FM,
Tillamook, Oregon. For the reasons discussed below, we are issuing this
*Order to Show Cause* directed to Oregon Eagle, Inc. ("Oregon Eagle"),
the licensee of Station KTIL-FM, Tillamook, Oregon.

2\. In order to proceed with our analysis of the Joint Counterproposal
and the ultimate resolution of this proceeding, it is first necessary to
issue this *Order to Show Cause* directed to Oregon Eagle to show cause
why its Station KTIL-FM license should not be modified to specify
operation on Channel 232C3 in lieu of Channel 231C3 at Tillamook,
Oregon. Section 316(a) of the Communications Act of 1934, as amended,
permits us to modify a license or construction permit if such action is
in the public interest. Section 316(a) requires that we notify the
affected stations of the proposed action, the public interest reasons
for the action, and afford at least 30 days to respond. This procedure
is now set forth in Section 1.87 of the Commission's Rules.[^3] In this
instance, the substitution of Channel 232C3 for Channel 231C3 at
Tillamook, Oregon, will accommodate the allotment of Channel 230C2 to
Portland, Oregon. We consider this change in channels for Station
KTIL-FM, Tillamook, Oregon, to have sufficient public interest benefits
to justify the issuance of a show cause order.

3\. The Station KTIL-FM license at Tillamook, Oregon, can be modified to
specify operation on Channel 232C3 at its currently authorized
transmitter site.[^4] NNB has agreed to reimburse Oregon Eagle for the
reasonable costs incurred in connection with the change of the Station
KTIL-FM channel.

4\. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, Oregon Eagle, Inc., licensee of
Station KTIL-FM, Tillamook, Oregon, SHALL SHOW CAUSE why its license
should not be modified to specify operation on Channel 232C3 in lieu of
Channel 231C3.

5\. Pursuant to Section 1.87 of the Commission's Rules, Oregon Eagle,
Inc. may, no later than April 5, 2004, file a written statement showing
with particularity why its license should not be modified as proposed in
this *Order to Show Cause.* The Commission may call upon the licensee to
furnish additional information. If the licensee raises any substantial
and material questions of fact, a hearing may be required to resolve
such questions of fact pursuant to Section 1.87 of the Rules. Upon
review of the statements and/or additional information furnished, the
Commission may grant the modification, deny the modification, or set the
matter of modification for hearing. If no written statement is filed by
the date referred to above, the licensee will be deemed to have
consented to a modification as proposed in this *Order to Show Cause*
and a final Order will be issued if the modification is found to be in
the public interest.

6\. IT IS FURTHER ORDERED, that a copy of this *Order to Show Cause*
shall be sent BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the
following:

Oregon Eagle, Inc. J. Dominic Monahan, Esq. P.O. Box 40 Luvaas Cobb
Richards & Fraser, PC Tillamook, Oregon 97141 P.O. Box 10747 (Licensee
of Station KTIL-FM) Eugene, Oregon 97440-2747 (Counsel for Oregon Eagle,
Inc.)

7\. For further information concerning this proceeding, contact R.
Barthen Gorman, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief, Audio Division Media Bureau

Media Bureau

[^1]: *Arlington, The Dalles, and Moro, Oregon, and Covington and Trout
    Lake, Washington*, 17 FCC Rcd 10678 (MB 2002).

[^2]: The licensee of Station KPDQ-FM has consented to the modification
    of that station's license from Channel 229C to Channel 230C2 and has
    agreed to an exchange of consideration in order to cover
    reimbursement for reasonable costs incurred in implementing the
    modification of its facilities.

[^3]: *See Modification of FM and Television Licenses Pursuant to
    Section 316 of the Communications Act*, 2 FCC Rcd 3327 (1987).

[^4]: The reference coordinates for Channel 232C3 at Tillamook, Oregon,
    are 45-27-59 NL and 123-55-11 WL.