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 Federal  Communications  Commission  DA  00-  2604 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.  202(  b),  )  MM  Docket  No.  00-  87 
 Table  of  Allotments,  )  RM-  9870 
 FM  Broadcast  Stations.  )  RM-  9961 
 (Brightwood,  Madras,  Bend  and  ) 
 Prineville,  Oregon)  1  ) 


 ORDER  TO  SHOW  CAUSE 
 Adopted:  November  8,  2000  Released:  November  17,  2000 
 Comment  Date:  January  8,  2001 
 Reply  Comment  Date:  January  23,  2001 


 By  the  Chief,  Allocations  Branch: 
 1.  The  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  15  FCC  Rcd  8964 
 (2000),  proposing  the  allotment  of  Channel  251C3  to  Brightwood,  Oregon,  as  the  community's  first 
 local  aural  service,  as  requested  by  Muddy  Broadcasting  Company  ("  Muddy").  A  counterproposal 
 was  filed  by  Madras  Broadcasting  ("  Madras  Broadcasting")  requesting  the  allotment  of  Channel 
 251C1  to  Madras,  Oregon,  as  the  community's  first  local  aural  service.  2  To  accommodate  the 
 Madras  allotment,  it  also  requests  the  substitution  of  Channel  253C3  for  Channel  252C3  at  Bend, 
 Oregon,  the  modification  of  Station  KTWS(  FM)  's  license  to  specify  the  alternate  Class  C3  channel, 
 and  the  substitution  of  Channel  255C3  for  unoccupied  and  unapplied-  for  Channel  254C3  at 
 Prineville,  Oregon.  3  To  enable  us  to  select  between  these  competing  proposals  in  the  context  of  a 
 subsequent  Report  and  Order,  we  are  issuing  this  Order  to  Show  Cause  to  the  licensee  of  Station 
 KTWS(  FM). 


 2.  We  believe  that  both  proposals  in  this  proceeding  could  provide  significant  public 
 interest  benefits.  Because  changing  the  channel  of  Station  KTWS(  FM)  is  a  modification  of  the 
 license  within  the  purview  of  Section  316  of  the  Communications  Act  of  1934,  as  amended,  we  are 


 1  The  communities  of  Madras,  Bend  and  Prineville,  Oregon,  have  been  added  to  the  caption. 
 2  Public  Notice  of  the  filing  of  the  counterproposal  was  given  on  September  20,  2000,  Report  No.  2440. 
 3  Although  presently  unapplied  for,  Channel  254C3  at  Prineville  is  one  of  the  channels  included  in  the  Commission's 
 Auction  No.  37  of  Additional  FM  Broadcast  Construction  Permits  scheduled  for  February  21,  2001.  See,  Public 
 Notice  released  September  29,  2000,  DA  00-  2232,  65  FR  59841,  October  6,  2000.  If  Channel  255C3  is  substituted 
 for  Channel  254C3  at  Prineville  as  requested  by  Madras  Broadcasting  and  a  construction  permit  awarded  prior  to  the 
 conclusion  of  this  proceeding,  the  permittee  will  be  required  to  amend  its  application  to  specify  the  alternate  Class 
 C3  channel. 
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 Federal  Communications  Commission  DA  00-  2604 
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 issuing  an  Order  to  Show  Cause  to  Combined  Communications,  Inc.,  licensee  of  Station 
 KTWS(  FM),  to  show  cause  why  its  license  should  not  be  modified  as  proposed  herein.  In 
 accordance  with  Commission  policy,  Madras  Broadcasting  has  stated  its  intention  to  reimburse 
 Combined  Communications  for  the  reasonable  costs  associated  with  the  channel  substitution. 


 3.  Channel  251C1  can  be  allotted  to  Madras  in  compliance  with  the  Commission's 
 minimum  distance  separation  and  other  technical  requirements  with  a  site  restriction  of  36.  4 
 kilometers  (22.6  miles)  northeast  to  avoid  a  short-  spacing  to  Station  KKTT,  Channel  250C,  Eugene, 
 OR,  Channel  253C3  can  be  allotted  to  Bend  and  used  at  Station  KTWS's  presently  licensed 
 transmitter  site  and  Channel  255C3  can  be  allotted  to  Prineville  at  the  Channel  254C3  allotment 
 reference  coordinates.  4 


 4.  Accordingly,  IT  IS  ORDERED,  That  pursuant  to  Section  316(  a)  of  the 
 Communications  Act  of  1934,  as  amended,  Combined  Communications,  Inc.,  licensee  of  Station 
 KTWS,  Bend,  Oregon,  SHALL  SHOW  CAUSE  why  its  license  SHOULD  NOT  BE  MODIFIED 
 to  specify  operation  on  Channel  253C3  in  lieu  of  Channel  252C3,  as  proposed  herein. 


 5.  Pursuant  to  Section  1.87  of  the  Commission's  Rules,  Combined  Communications,  Inc. 
 may,  not  later  than  January  8,  2001,  file  a  written  statement  showing  with  particularity  why  its 
 license  should  not  be  modified  as  proposed  in  the  Order  to  Show  Cause.  The  Commission  may 
 call  on  Combined  Communications,  Inc.  to  furnish  additional  information.  If  Combined 
 Communications,  Inc.  raises  a  substantial  and  material  question  of  fact,  a  hearing  may  be 
 required  to  resolve  such  a  question  pursuant  to  Section  1.87.  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,  Combined  Communications,  Inc.  will  be  deemed  to  have  consented  to  the 
 modification  as  proposed  in  the  Order  to  Show  Cause  and  a  final  Order  will  be  issued  by  the 
 Commission,  if  the  above-  mentioned  channel  modification  is  ultimately  found  to  be  in  the  public 
 interest. 


 6.  IT  IS  FURTHER  ORDERED,  That  the  Secretary  SHALL  SEND,  by  Certified  Mail, 
 Return  Receipt  Requested,  a  copy  of  the  Order  to  Show  Cause  to  the  following:  Station  KTWS, 
 Combined  Communications,  Inc.,  4222  Commerce  Street,  Eugene,  OR  97402. 


 7.  For  further  information  concerning  this  proceeding,  contact  Leslie  K.  Shapiro,  Mass 
 Media  Bureau,  (202)  418-  2180.  For  purposes  of  this  restricted  notice  and  comment  rule  making 
 proceeding,  members  of  the  public  are  advised  that  no  ex  parte  presentations  are  permitted  from  the 
 time  the  Commission  adopts  a  Notice  of  Proposed  Rule  Making  until  the  proceeding  has  been 
 decided  and  such  decision  is  no  longer  subject  to  reconsideration  by  the  Commission  or  review  by 


 4  The  coordinates  for  Channel  251C1  at  Madras  are  44-  50-  02  NL;  120-  45-  55  WL,  the  coordinates  for  Channel 
 253C3  at  Bend  are  44-  04-  41  NL;  121-  19-  57  WL  and  the  coordinates  for  Channel  255C3  at  Prineville  are  44-  13-  20 
 NL;  120-  46-  30  WL. 
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 any  court.  An  ex  parte  presentation  is  not  prohibited  if  specifically  requested  by  the  Commission  or 
 staff  for  the  clarification  or  adduction  of  evidence  or  resolution  of  issues  in  the  proceeding. 
 However,  any  new  written  information  elicited  from  such  a  request  or  a  summary  of  any  new  oral 
 information  shall  be  served  by  the  person  making  the  presentation  upon  the  other  parties  to  the 
 proceeding  unless  the  Commission  specifically  waives  this  service  requirement.  Any  comment 
 which  has  not  been  served  on  the  petitioner  constitutes  an  ex  parte  presentation  and  shall  not  be 
 considered  in  the  proceeding.  Any  reply  comment  which  has  not  been  served  on  the  person(  s)  who 
 filed  the  comment,  to  which  the  reply  is  directed,  constitutes  an  ex  parte  presentation  and  shall  not 
 be  considered  in  the  proceeding. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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