FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,214
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rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification
issue has been resolved.
4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a
Class C FM station must certify that no alternative channel is available for the proposed service.4 Petitioner
has provided the requisite certification.
5. A Class CO reclassification of Station WQUE-FM at New Orleans, Louisiana, would
accommodate Petitioner's request to allot Channel 228A to Summit, Mississippi, as that community's first
local service. Petitioner's request for reclassification therefore has sufficient public interest benefit to
warrant the issuance of an order to show cause. Accordingly, we shall issue this Order to Show Cause
directed to Clear Channel Broadcasting Licenses, Inc. ("Clear Channel"), licensee of Station WQUE-FM,
New Orleans, Louisiana. Clear Channel is required to show cause why its authorization should not be
modified to specify operation on Channel 227C0 in lieu of Channel 227C at New Orleans, Louisiana.
6. The license for Station WQUE-FM at New Orleans, Louisiana, can be modified to Channel
227C0 at its current authorized transmitter site, located at coordinates 29-55-11 NL and 90-01-29 WL.
Pursuant to Section 1.87 of the Commission's Rules, Clear Channel may not later than May 23, 2011, 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 on Clear Channel to furnish additional information. If
Clear Channel 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 modifications, deny the modifications, or set the matter of
modifications for hearing. If no written statement is filed by the date referenced above. Clear Channel
will be deemed to have consented to the modification as proposed in this Order to Show Cause and a
final Order will be issued by the Commission, if the channel modification is found to be in the public
7. If Clear Channel chooses to seek authority to modify its license to increase antenna height to
at least 451 meters HAAT, it must express its intention to file the necessary application by the comment
date specified in this Order. It also must file an acceptable application for a construction permit for
Station WQUE-FM with the Commission within 180 days subsequent to the show cause comment due
date (May 23, 2011). Upon the filing of an acceptable construction permit application, the proposal to
allot Channel 228A at Summit, Mississippi, will be dismissed. The present three-year construction
period will be applicable if a construction permit is obtained by Clear Channel for Channel 227C as
specified herein, under this procedure. If the construction is not completed as authorized, Station
WQUE-FM is subject to automatic reclassification as a Class CO station, and, in that event, a new
petition for rule making to allot Channel 228A at Summit, Mississippi, may be filed.
8. IT IS THEREFORE ORDERED, That, on or before May 23, 2011, Clear Channel
Broadcasting show cause why its authorization for Station WQUE-FM, File No. BMLH-20050808ACX,
should not be modified to specify operation on Channel 227C0 in lieu of Channel 227C at New Orleans,
See 47 C.F.R. 73.3573. n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662, ' 26.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/386/: accessed March 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.