THE KDFX-CD CONSTRUCTION PERMIT (FCC FILE NO. BDISDTA-20110310AAN) INCLUDED A CONDITION REGARDING PROTECTION OF AM STATION KXPS. HOWEVER, AS DETAILED BELOW, THIS CONDITION IS NOT APPLICABLE TO THE PRESENT SITUATION. KXPS IS LICENSED FOR OPERATION AT A FREQUENCY OF 1010 KHZ USING DIFFERENT DIRECTIONAL ANTENNAS DURING DAYTIME AND NIGHTTIME HOURS. THE STATION IS LOCATED 2.6 KM AT A TRUE AZIMUTH OF 167 DEGREES FROM THE KDFX-CD FACILITY. IN THE TIME SINCE THE KDFX-CD CONSTRUCTION PERMIT WAS GRANTED ON JANUARY 30, 2012, THE FCC ADOPTED A NEW RULE SECTION GOVERNING PROTECTION OF AM BROADCAST STATIONS. THE NEW RULE WAS EFFECTIVE ON FEBRUARY 20, 2014 AND IS CONTAINED UNDER SECTION 1.30000 ET. SEQ. OF TITLE 47. PURSUANT TO SECTION 1.30002(D) OF THE NEW RULE, THE INSTALLATION IS NOT CONSIDERED TO BE A SIGNIFICANT MODIFICATION OF AN EXISTING TOWER. THE INSTALLATION OF THE ANTENNA SYSTEM DID NOT INVOLVE ANY INCREASE IN THE TOWER HEIGHT; NOR DID IT INVOLVE A DETUNED OR BASE-INSULATED TOWER. IN ADDITION IT IS NOTED THAT THE TOWER WOULD NOT QUALIFY UNDER THE CRITERIA OF SECTION 1.30002(B) AS ONE INVOLVING A STRUCTURE THAT WOULD HAVE A SIGNIFICANT EFFECT. BASED ON THE FOREGOING IT IS CONCLUDED THAT CONDITION 2 OF THE KDFX-CD CONSTRUCTION PERMIT IS NOT APPLICABLE. IT IS RESPECTFULLY REQUESTED THAT THIS CONDITION BE DELETED FROM THE KDFX-CD AUTHORIZATION.