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Before the
               Federal Communications Commission
                     Washington, D.C. 20554
In the matter of
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
(Brightwood, Madras, Prineville and Bend,
Oregon)
)
)
)
)
)
)
)
MM Docket No. 00-87
RM-9870
RM-9961
                       Report and Order
                    (Proceeding Terminated)
   Adopted:  October 17, 2001           Released:  October 26, 2001
By the Chief, Allocations Branch:
1.     The Allocations Branch has before it a Notice of Proposed Rule Making ("Notice") issued at the
request of Muddy Broadcasting Company ("Muddy"), proposing the allotment of Channel 251C3 at
Brightwood, Oregon, as the community's first local aural transmission service.  In response to the Notice,
Muddy filed comments reiterating its intention to file for the channel, if allotted.
2.     Also in response to the Notice, Madras Broadcasting ("Madras Broadcasting") filed comments
and a counterproposal proposing the allotment of Channel 251C1 at Madras, Oregon as the community's first
local aural transmission service.  Muddy, Larry D. Eckhardt, Chief, Hoodland Fire District, No. 74
("Eckhardt"), Kylie B. Milne, President, Mt. Hood Area Chamber of Commerce ("Milne") and Combined
Communications, Inc. ("Combined Communications") filed reply comments.  In response to the Public Notice
of Madras Broadcasting's counterproposal, Muddy filed timely comments in opposition, and Madras
Broadcasting filed a response.   Muddy also filed a motion to strike Madras Broadcasting's reply comments
and Madras Broadcasting opposed the motion to strike.  We issued an Order to Show Cause to Combined
Communications, Inc. ("Combined"), licensee of Station KTWS(FM), Bend, Oregon, who filed a response.
3.     In support of its petition for rulemaking, Muddy states that Brightwood is a community for
allotment purposes, and that it is deserving of an allotment. It is part of a "synergistic group" of several
communities which are widely referred to as "Hoodland" or the "Mt. Hood Corridor," which have actually
considered consolidating into one city.  It states that Brightwood was chosen as the community for purposes
of this proceeding because it is one of the largest communities in this cluster and is near the center of the
anticipated primary service area.  In addition, Brightwood was the first town in the area and established the
first post office in the area.  Muddy states that many municipal services are provided by Brightwood itself, such
as post office, fire department branch.  It has its own zip code and telephone listing and has a local newspaper
and numerous businesses.  It admits, however, that many of the attributes of a community are provided outside
of Brightwood but within the "Hoodland" corridor.  It states that the community has a 1999 permanent resident
population of 998 persons, but submits that the population of the entire area, 4,500 persons as a relevant factor
herein.  Muddy filed comments in which it reiterated its intention to apply for the channel, bid at auction, and
if successful, promptly construct the station.
4.     In its counterproposal, Madras Broadcasting proposes the allotment of Channel 251C1 at Madras,
Oregon, as the community's first local aural transmission service.  To accommodate the Madras allotment, it
also requests the substitution of Channel 253C3 for Channel 252C3 at Bend, Oregon, and the modification of
the license of Station KTWS(FM) to specify the alternate Class C3 channel, and the substitution of Channel
255C3 for unoccupied and unapplied-for Channel 254C3 at Prineville, Oregon.  Madras Broadcasting states
that the substitute channels can be allotted in compliance with the Commission's minimum distance separation
requirements and used at Station KTWS(FM)'s licensed transmitter site and Prineville's reference coordinates.
 Madras Broadcasting states that Madras, an incorporated community with a 1990 U.S. Census population
of 3,443 persons, is governed by a mayor and six city council members, and has local taxing authority.  The
community has its own water and wastewater treatment system, airport, health clinic, police department,
newspaper, The Madras Pioneer, and Madras Industrial Park.   Madras Broadcasting states that a Madras
station will provide service to 56,614 people within an area of 16,422 square kilometers.    Finally, Madras
Broadcasting states that it will reimburse the licensee of Station KTWS(FM) for the reasonable costs of
changing channels.
5.     Muddy states that both Brightwood and Madras are deserving of a local transmission service.
However, it states that Brightwood should receive the allotment because it has no transmission service, while
Madras has transmission service from FM and TV translators. It also states that both proposals can be
accommodated because, although there are no alternate channels available for allotment at Brightwood, there
are at least six alternate channels that can be allotted at Madras.  In addition, Muddy contends, these alternate
channels are preferable to Channel 251C1 because they would not require channel substitutions elsewhere,
would provide better service to Madras, and/or would provide primary service to a larger population.  Given
these facts, Muddy argues that allotting a channel to Madras which requires two channel substitutions is neither
"prudent nor necessary."  Further, it argues that one of the channel changes involves an on-air station and such
changes often result in listener confusion and loss of listenership.  Finally, Muddy submits that in light of these
facts, Madras Broadcasting's proposal would not serve the public interest.  It proposes that both Channel
251C3 be allotted at Brightwood, and one of the following alternate channels be allotted at Madras: Channels
291C1, 291C2, 227C3, 299C3, 293A, 227A.
6.     Muddy further claims that on a comparative basis, the proposal to Brightwood would better serve
the public interest than the Madras proposal because it would provide service to the "Hoodland" area which
has a combined permanent population of 4,777 persons and a seasonal population of 11,000 persons.  It also
claims that at full power and tower height, its proposal would theoretically provide 60dBu service to 135,372
persons, compared to 56,614 persons served within the 60dBu of the Madras proposal.  In addition, it argues
that unlike Brightwood, Madras receives 60 dBu service from at least six radio stations and by FM and TV
translators.
7.     Muddy also questions whether Channel 251C1 can be allotted to Madras in compliance with the
Commission's technical requirements, arguing that there is "massive" terrain blockage between the proposed
allotment site and the community.  It submits that a Longley-Rice point to point propagation study, using a 60
meter (200 foot) tower, shows that the Madras center-city reference coordinates would receive a signal of 57.13
dBu.  To overcome this blockage and provide line of sight service to Madras, Muddy states that a tower of 800
meters (2,625 feet) would be required, which would constitute a hazard to air navigation according to FAA
standards, citing 14 CFR 77.17 (c).
8.     Combined Communications objects to Madras Broadcasting's counterproposal. It argues that the
counterproposal is an inefficient allocation of spectrum and imposes an undue burden on Combined
Communications in light of the fact that there are other channels available for allotment at Madras.  It argues
that the channel substitution for Station KTWS(FM) as proposed by Madras Broadcasting should not be made
because it will require the station to change channels and reestablish its identity at a new dial location.
Combined Communications points to the experience of its Station KLRR which was ordered to change
channels, which resulted in prolonged out-of-pocket reimbursement negotiations, and challenge and uncertainty.
The station lost audience because of the new dial position and has not recovered from that loss.  Combined
Communications questions whether it will be reimbursed for its expenses in this case because it is dealing with
a future licensee who will prevail at auction and is totally unknown at this time.   Therefore, it submits that the
resolution which best serves the public interest is the allotment of a channel at Madras that will not require
Station KTWS(FM) to change channels and also allows Brightwood to receive its first local aural transmission
service.  It suggests Channel 227C1, which would work if Channel 230A is substituted for Channel 228A at
Condon, Oregon.
9.     Discussion.  We will make the allotment to Madras.  We find that both Brightwood and Madras
are communities for allotment purposes and deserving of an allotment, although the evidence in support of the
community status of Madras is far more substantial than that of Brightwood.   There are no alternate channels
available for allotment at Brightwood.  There are alternate channels available for allotment at Madras, but none
are feasible or equivalent to the requested Channel 251C1, and the proponent has stated that it has no interest
in a lower class channel. While two equivalent channels were suggested, Channels 291C1 and 227C1, neither
can be used.  Channel 291C1 would not work because of massive terrain blocking, and Channel 227C1 would
require the introduction of a new community, which is prohibited after the expiration of the comment period.
With respect to Muddy's assertion that Channel 251C1 at petitioner's site would require an excessively tall
tower to overcome a massive terrain obstruction, our staff engineering analysis does not bear this out.  Our
staff did confirm, however, that Channel 291C1 would be blocked by a terrain obstruction.  In addition, as
Madras Broadcasting showed in its comments, there are many fully-spaced possible transmitter sites from
which a station could provide service to the community on Channel 251C1 without any terrain issues.
10.    Since there are no alternate channels available for allotment to either community, we have
compared the two communities to determine which would be more deserving of the allotment in the public
interest.  Each would receive its first local aural transmission service and would trigger priority (3) of the FM
allotment priorities.  In regard to the FM and TV translators alluded to by Muddy, we note that these are
secondary services with the primary station being licensed to a different community.  As such, we do not
consider these to be local services for Madras under the FM allotment priorities.
11.     On a comparative basis of these two de novo allotments, Madras, the larger community with
3,443 persons, prevails.  While Muddy attempts to make a showing that an allotment to Brightwood would
provide the "Hoodland" area a much deserved allotment, and the comments of both Eckhardt and Milne also
support the allotment of Channel 251C3 to Hoodland/Brightwood area, their comments do not address the
specific attributes of Brightwood as a community, and we are constrained to consider the attributes of
Brightwood itself, not the surrounding area.  Madras Broadcasting correctly argues that in this analysis we
consider only the population of the proposed community of license, Brightwood, whose 1990 U.S. Census
population is 788 persons, rather than the 4,777 population proffered by Muddy which apparently includes
Brightwood as well as census population data attributed to the zip codes for the communities of Welches and
Rhododendron.  The Commission has generally found that the public interest would be better served by the
provision of a first local aural transmission service to the larger community.   In addition, we note that
Muddy's assertion that Channel 251C3 at Brightwood might provide reception service to a larger population
is irrelevant to our discussion since there is no showing that any of the reception service area would be
receiving a first or second fulltime aural service and thus qualify for a higher allotment priority.
12.    With respect to Combined Communication's argument that the allotment of Channel 251C1 at
Madras is an inefficient use of the spectrum, that argument was based on the incorrect premise that other
equivalent channels are available for allotment at Madras. With respect to the argument that the proposed
Madras allotment imposes an undue burden on Station KTWS(FM) by requiring it to change channel, we note
that we are not convinced that the one-channel shift required here will cause enough detriment to the station
as to outweigh the public benefit in the new station at Madras.  Finally, as to Combined Communications's
concern about reimbursement, Madras Broadcasting has committed to such reimbursement, but it is well settled
that reimbursement will come from the party who benefits from the changes; i.e., whoever becomes the
permittee on the new channel.  Negotiation for reimbursement is to be done privately between the parties, and
only in the event of a dispute will the Commission be involved.
13.     In view of the above, we will allot Channel 251C1 at Madras, Oregon.  Channel 251C1 can be
allotted at Madras consistent with the minimum distance separation requirements of Section 73.207 of the
Commission's Rules at a site 36.6 kilometers (22.7 miles) northeast of the community.  To accommodate the
allotment at Madras, we will substitute Channel 253C3 for Channel 252C3 at Bend, Oregon and modify the
license for Station KTWS(FM) to reflect the channel change. Channel 253C3can be substituted for Channel
252C3 at Bend consistent with the Commission's Rules at Station KTWS(FM)'s licensed site.  Channel
255C3 can be substituted for Channel 254C3 at Prineville consistent with the Commission's Rules at the
vacant allotment site.
14.    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), and0.283 of the
Commission's Rules, IT IS ORDERED That effective December 10, 2001, the FM Table of Allotments
Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed below, as follows:
               Community                     Channel No.
               Madras, Oregon                         251C1
          Bend, Oregon                           253C3
          Prineville, Oregon                     255C3
15.    IT IS FURTHER ORDERED That the Secretary of the Commission shall send by Certified Mail,
Return Receipt Requested, a copy of this Order to the following:
                    Combined Communications
                    Station KTWS(FM)
                    711 N.E. Butler Market Rd.
                    Bend, OR 97701
16.    IT IS FURTHER ORDERED That pursuant to Section 316(a) of the Communications Act of
1934, as amended, the license of Station KTWS(FM) IS MODIFIED to specify operation on Channel 253C3
in lieu of Channel 252C3, subject to the following conditions:
     a.     Nothing contained herein shall be construed as authorizing any change in license
       BLH-19950629KC, except for the channel as specified above.  Any changes, except    for
     those specified, require prior authorization pursuant to an application for          construction permit.
     (FCC Form 301)
     b.     Program tests may be conducted in accordance with the provisions of Section   73.1620
     of the Rules, PROVIDED the transmission facilities comply in all respects            with License
     BLH- 19950629KC, except for the channel as specified above, and a                    license application
     (Form 302) is filed within 10 days of commencement of program                        tests.
3.     A filing window for Channel 251C1 at Madras, Oregon will not be opened at this time.  Instead,
the issue of opening this allotment for auction will be addressed by the Commission in a subsequent Order.
4.     The petition for rulemaking filed by Muddy Broadcasting Company proposing the allotment of
Channel 251C3 at Brightwood, Oregon, IS DENIED.
5.     IT IS FURTHER ORDERED That this proceeding IS TERMINATED.
6.     For further information concerning this proceeding, contact Victoria M. McCauley, Mass Media
Bureau (202) 418-2180.  Questions related to the application filing process for Channel 251C1 at Madras,
Oregon should be addressed to the Audio Services Division, Mass Media Bureau (202) 418-2700.
                         FEDERAL COMMUNICATIONS COMMISSION
                    John A Karousos
                    Chief, Allocations Branch
                    Policy and Rules Division
                    Mass Media Bureau