**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-76

Table of Allotments, ) RM-9400

FM Broadcast Stations. )

(Silverton and Bayfield, Colorado) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: December 15, 1999 Released: December 23, 1999

> By the Chief, Allocations Branch:

1\. The Commission considers herein the [Notice of Proposed Rule
Making]{.underline}, 14 FCC Rcd 4071 (1999), issued in response to a
petition for rule making filed on behalf of Voice Ministries of
Farmington, Inc. ("petitioner"), permittee for a new FM broadcast
station to operate on Channel 297C1 at Silverton, Colorado (File No.
BPH-951020MA), proposing the reallotment of Channel 297C1 to Bayfield,
Colorado, as that community's first local aural transmission service,
and modification of its authorization to specify operation on Channel
296C. Petitioner filed comments stating its intention to apply for
Channel 296C at Bayfield, if allotted. No other comments were received.

2\. 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. [See]{.underline} [Modification of FM and TV
Authorizations to Specify a New Community of License]{.underline}
("[Change of Community R&O]{.underline}"), 4 FCC Rcd 4870 (1989),
[recon. granted n part]{.underline} ("[Change of Community
MO&O]{.underline}"), 5 FCC Rcd 7094 (1990).

3\. As the petitioner intends to relocate its transmitter site to
accommodate Channel 296C at Bayfield (pop. 1,090),[^1] the
[Notice]{.underline} requested additional information regarding any
potential gain and loss areas as well as the number of reception
services that are presently available within the gain and loss areas. In
response, petitioner advises that if Channel 296C is allotted to
Bayfield, as requested, it will provide service to 101,780 people
encompassed in an area of 16,021.25 square kilometers.[^2] By
comparison, petitioner advises that the current allotment of Channel
297C1 at Silverton (pop. 716), has a service area of 3,307 square
kilometers containing a population of 4,295 persons.

4\. In further support of the proposal, petitioner advises that within
the proposed gain area at Bayfield, the proposed allotment of Channel
296C will provide a first aural service to an area of 233.3 square
kilometers and a second aural service to an area of 292.6 square
kilometers, whereas the present Silverton allotment does not provide a
first or second FM service to any areas. According to petitioner's
engineering Declaration, no population figures are reported within the
white and gray areas as those areas lie within rugged regions of the
Rocky Mountains. Additionally, petitioner reports that the Bayfield
proposal will provide a third, fourth, fifth and sixth broadcast service
to 1,265, 3,318, 119 and 97,078 persons respectively. In comparison,
Channel 297C1 at Silverton would provide those services to the following
populations: 64 (3d service), 9 (fourth service), 3 (fifth service) and
2,835 persons (sixth service), respectively. Further petitioner reports
that the proposed gain and loss areas are already well served under the
Commission's definition of at least five services. Therefore, petitioner
urges that adoption of its proposal is superior to the present allotment
of Channel 297C1 at Silverton as it would enable a new station to
operate on Channel 296C at Bayfield to increase the degree of
theoretical coverage within its projected 60 dBu contour and would
result in a preferential arrangement of allotments.

5\. A staff engineering analysis of the theoretical gain and loss
projections differs from the petitioner's findings. Based upon the use
of minimum Class C facilities at the proposed site at Bayfield, and
employing an omni-directional antenna pattern, we find that the 60 dBu
signal coverage projections would result in a total gain in service to
44,681 people in an area comprising 9,108.8 square kilometers. Service
would also be provided to a white area consisting of 127.5 square
kilometers containing a population of 121, as well as to a gray area
comprising 350.3 square kilometers containing a population of 2,541
people. Additionally, we find that additional service would be provided
as follows: a third service would be provided to 154 people in an area
of 499 square kilometers; a fourth service to 3,204 people in an area of
831.9 square kilometers; a fifth service to 180 people in an area of
288.5 square kilometers; and an additional service to 38,481 people who
presently receive five or more services in an area of 7,011.6 square
kilometers. By comparison, based upon the use of maximum Class C1
facilities at the current site for Channel 296C1 at Silverton, a loss of
service would occur to a 8,626 persons residing in an area of 9,120.9
square kilometers. Additionally, a white area loss would occur to 46
people within an area of 254 square kilometers, and a gray area loss
would occur to 457 people in an area of 311.2 square kilometers.[^3]

6\. We believe the public interest would be served by reallotting
Channel 297C1 from Silverton to Bayfield and modification of the
petitioner's authorization to specify operation on Channel 296C at the
latter community, as requested, as it will result in a preferential
arrangement of allotments pursuant to the Commission's change of
community procedures. *See Change of Community*, *supra.* Applying those
procedures, we compare the existing arrangement of allotments with the
proposal using the FM allotment priorities set forth in *Revision of FM
Assignment Policies and Procedures*, 90 FCC 2d 88 (1992).[^4]

> 7\. In making our comparison, the first three allotment priorities are
> applicable here. Service would be provided to a white area (priority
> one) consisting of 121 people, and to a gray area (priority two)
> containing 2,541 people, and is larger than the theoretical loss at
> Silverton to 46 people in a white area and to 457 people in a gray
> area. With the exception of the white and gray areas common to both
> communities, each receive at least five full-time reception services.
> Although we would normally be reluctant to grant a proposal that would
> result in the loss of service to unserved/underserved areas, in this
> instance the gain at Bayfield outweighs the loss of
>
> service at Silverton.[^5] Additionally, a first local service would be
> provided to Bayfield[^6] (priority three), whereas Channel 297C1
> remains at Silverton. In light of the above, and in accordance with
> the provisions of Section 1.420(i) of the Commission's Rules, we will
> modify the construction permit issued to Voice Ministries of
> Farmington, Inc., (File No. BPH-951020MA) to specify operation on
> Channel 296C at Bayfield, Colorado.

8\. As stated in the [Notice]{.underline}, Channel 296C can be allotted
to Bayfield, Colorado, consistent with the minimum distance separation
requirements of Section 73.207(b) of the Commission's Rules at the
petitioner's specified site located 0.35 kilometers (0.22 miles)
southeast of the community at coordinates 37-13-32 NL and 107-35-53 WL.

9\. 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 February 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, as follows:

> [City]{.underline} [Channel No.]{.underline}
>
> Bayfield, Colorado 296C
>
> Silverton, Colorado 279C2

10\. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, the authorization of Voice
Ministries of Farmington, Inc. (File No. BPH-951020MA), IS MODIFIED to
specify operation on Channel 296C at Bayfield, Colorado, in lieu of
Channel 297C1 at Silverton, Colorado, 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), 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.

11\. Pursuant to Commission Rule Section 1.1104(3)(l), 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, Voice Ministries of Farmington, Inc., permittee of
BPH-951020MA), is required to submit a rule making fee in addition to
the fee required for the applications to effectuate the change in
community of license and upgrade at Bayfield, Colorado.

> 12\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

13\. 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]: Population figures reported herein were taken from the 1990 U.S.
    Cnesus.

[^2]: ^?^ This figure includes a population of 1,384 people encompassed
    within the Silverton and Bayfield overlapping 60 dBu contours (the
    common area).

[^3]: ^?^ Petitioner's engineering analysis was based upon the use of
    minimal antenna height as presently authorized for Channel 296C1
    rather than the maximum permitted facilities for Class C1 channels.
    Additionally, although the petitioner's study permissibly used
    minimum Class C facilities (*i.e.*, 100 kW ERP, 300 meters HAAT) for
    Bayfield, the analysis appears to be based on projected terrain
    effects on signal propagation rather than an onmi-directional 60 dBu
    contour.

[^4]: ^?^ The FM allotment priorities are: (1) first full-time aural
    service; (2) second full-time aural service; (3) first local
    service; and (4) other public interest matters \[Co-equal weight is
    afforded priorities (2) and (3).\]

[^5]: A proposal to allot Channel 237A to Bayfield has been filed in MM
    Docket No. 99-103, 64 FR 17141, April 8, 1999.

[^6]: