**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 98-198

Table of Allotments, ) RM-9304

FM Broadcast Stations. ) RM-9492

(Cross Plains, Allen, Benbrook, Brownwood, ) RM-9548

Burkburnett, Campbell, Clifton, Coleman, ) RM-9547

Commerce, Detroit, Graham, Granbury, )

Haskell, Kerens, Mason, Jacksboro, )

McKinney, Muenster, San Saba, Snyder, Terrell, )

Vernon,Waco, and Wichita Falls, Texas; Alva, )

Anadarko, Antlers, Ardmore, Atoka, Comanche, )

Dickson, Duncan, Durant, Eldorado, )

Hugo, and Lone Grove, Oklahoma) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

**Adopted:** March 8, 2000 **Released:** March 21, 2000

By the Chief, Allocations Branch:

1\. The Commission has before it the [Notice of Proposed Rule
Making]{.underline} in this proceeding, 13 FCC Rcd 20965 (1998). First
Broadcasting Management, LLC, KCYT-FM License Corporation and Gain-Air,
Inc. (collectively referred to as "First Broadcasting") filed a
Counterproposal.[^1] WBAP/KSCS Operating, Ltd. and Blue Bonnet Radio,
Inc. (collectively referred to as "Blue Bonnet") filed a
Counterproposal. Gulfwest Broadcasting Company and Sonoma Media
Corporation ("Gulfwest-Sonoma") filed Comments and Counterproposal.[^2]
Heftel Broadcasting Corporation, Metro Broadcasters-Texas, Inc., Jerry
Snyder and Associates, Inc. and Hunt Broadcasting, Inc. (collectively
referred to as "Heftel-Hunt") filed Joint Counterproposal and Global
Resolution of MM Docket Nos. 97-26 and 97-91. First Broadcasting filed a
Supplement to Counterproposal and a Second Supplement to
Counterproposal. Heftel-Hunt filed a Supplement to Joint Counterproposal
and Global Resolution of MM Docket Nos. 97-26 and 97-91. Blue Bonnet
filed a Supplement to Counterproposal.

[Background]{.underline}

2\. At the request of Alatex Broadcasters, the [Notice]{.underline} in
this proceeding proposed the allotment of Channel 245C3 to Cross Plains,
Texas, as a first local service. In response to the
[Notice]{.underline}, we received four joint counterproposals involving
multiple parties and communities in Texas and Oklahoma. We will set
forth each of these counterproposals below.

[First Broadcasting]{.underline}

3\. In its Counterproposal, First Broadcasting proposes two upgrades of
existing allotments. Specifically, First Broadcasting proposes the
substitution of Channel 294C for Channel 293A at Muenster, Texas, and
modification of the license of Station KXGM-FM to specify operation on
Channel 294C. Second, First Broadcasting proposes the substitution of
Channel 296C3 for Channel 294A at Lone Grove, Oklahoma, and modification
of the license of Station KYNZ to specify operation on Channel 296C3. To
accommodate these two upgrades, First Broadcasting proposes channel
changes, transmitter relocations and changes of community of license for
three stations. First Broadcasting proposes the substitution of Channel
296A for Channel 295A at McKinney, Texas, reallotment of Channel 296A to
Campbell, Texas, and modification of the Station KZDF license to specify
operation on Channel 296A at Campbell. Second, First Broadcasting
proposes the substitution of Channel 295A for Channel 296A at Terrell,
Texas, reallotment of Channel 295A to Kerens, Texas, and modification of
the Station KZDL license to specify operation on Channel 295A at Kerens.
Third, First Broadcasting proposes the substitution of Channel 296C1 for
Channel 294C at Granbury, Texas, reallotment of Channel 296C1 to
Benbrook, Texas, and modification of the Station KDXT license to specify
operation on Channel 296C1 at Benbrook. All of these proposals require a
transmitter site relocation for which the respective licensees have
consented. In addition, these proposals require channel substitutions
and license modifications at seven communities in Texas and Oklahoma.
Included among these substitutions was the substitution of Channel 245C1
for Channel 281C1 at Brownwood, Texas, and the modification of the
Station KXYL license to specify operation on Channel 245C1. The proposed
Channel 245C1 substitution at Brownwood conflicts with the proposed
Channel 245C3 allotment at Cross Plains set forth in the
[Notice]{.underline}.[^3]

[Blue Bonnet]{.underline}

4\. In its Counterproposal, Blue Bonnet proposes the substitution of
Channel 277C for Channel 277C2 at Commerce, Texas, reallotment of
Channel 277C to Allen, Texas, and modification of the Station KEMM
license to specify operation on Channel 277C at Allen. [^4] In order to
accommodate this upgrade and reallotment, Blue Bonnet proposes the
substitution of Channel 272C1 for Channel 277C1 at Wichita Falls, Texas,
and modification of the Station KWFS license to specify operation on
Channel 272C1. The licensee of Station KWFS has consented to this
proposed modification and transmitter site change. In order to allot
Channel 272C1 at Wichita Falls, Blue Bonnet proposes three channel
substitutions. First, Blue Bonnet proposes the substitution of Channel
276A for Channel 272A at Vernon, Texas, and modification of the Station
KVWC license to specify operation on Channel 276A. Second, Blue Bonnet
proposes the substitution of Channel 246A for Channel 272A at Duncan,
Oklahoma, and modification of the Station KKEN license to specify
operation on Channel 246A. Third, Blue Bonnet proposes the substitution
of Channel 280A for Channel 273A at Wichita Falls, Texas, and
modification of the Station KQXC license to specify operation on Channel
280A. In order to allot Channel 246A to Duncan, Blue Bonnet proposes the
substitution of Channel 287A for Channel 246A at Comanche, Oklahoma, and
modification of the Station KDDQ license to specify operation on Channel
287A at a new transmitter site. In order to allot Channel 280A to
Wichita Falls, Blue Bonnet proposes the substitution of Channel 278C for
Channel 279C1 at Anadarko, Oklahoma, and modification of the Station
KRPT to specify operation on Channel 278C. In order to allot Channel
278C to Anadarko, Blue Bonnet proposes the substitution of Channel 248C2
for Channel 278C1 at Alva, Oklahoma.[^5] Blue Bonnet also notes that the
proposed Channel 278C allotment also requires the substitution of
Channel 298C3 for vacant Channel 278C3 at Wellington, Texas, at the
existing reference coordinates. In regard to the conflicting Channel
278C3 allotment at Dickson, Oklahoma, Blue Bonnet proposes an alternate
Channel 224A allotment. In this regard, Blue Bonnet has provided a
statement from each of the four pending applicants for the Dickson
allotment referring to a study by the Federal Aviation Administration
noting allotment at electromagnetic interference (EMI) caused by the
existing Channel 278C3 allotment at Dickson. These applicants have
agreed to amend their respective applications to specify the new channel
at a new transmitter site. In order to allot Channel 277C to Allen, Blue
Bonnet proposes the substitution of Channel 298A for Channel 276C2 at
Atoka, Oklahoma, and modification of the Station KHKC license to specify
operation on Channel 298A. The licensee of Station KHKC has agreed to
the channel change and the change in transmitter site. The proposed
Channel 277C upgrade and reallotment to Allen, Texas, also requires a
channel substitution at Clifton, Texas. To this end, Blue Bonnet
proposes the substitution of Channel 281C3 for Channel 277C3 at Clifton,
and modification of the Station KWOW license to specify operation on
Channel 281C3. In order to allot Channel 281C3 to Clifton, Blue Bonnet
proposes the substitution of Channel 245C1 for Channel 281C1 at
Brownwood, Texas, and modification of the Station KXYL license to
specify operation on Channel 281C1.[^6] Finally, in order to accommodate
the Channel 245C1 allotment at Brownwood, Blue Bonnet proposes the
substitution of Channel 291A for Channel 246A at San Saba, Texas, and
modification of the Station KBAL license to specify operation on Channel
291A.

[Gulfwest-Sonoma]{.underline}

5.  The third Counterproposal was filed by Gulfwest Broadcasting
    Company, licensee of

Station KVCQ, Channel 249C3, Cuero, Texas, and Sonoma Media Corporation,
proposed licensee of Station KVCQ. In this Counterproposal, these
parties propose the substitution of Channel 249C2 for Channel 249C3,
reallotment of Channel 249C2 to Luling, Texas, and modification of the
Station KVCQ license to specify operation on Channel 249C2 at Luling. In
order to accommodate this upgrade and reallotment, these petitioners
have proposed multiple channel changes that interrelate with channel
changes proposed in the above two counterproposals.[^7] Rawhide Radio,
LLC ("Rawhide Radio") is now the licensee of Station KVCQ and has stated
its intention to go forward with this Counterproposal.

[Heftel-Hunt]{.underline}

6\. Heftel Broadcasting Corporation, Metro Broadcasters-Texas, Inc.,
Jerry Snyder and Associates, Inc. and Hunt Broadcasting, Inc. filed a
Joint Counterproposal and Global Resolution of MM Docket Nos. 97-26 and
97-91.[^8] In the Joint Counterproposal, Heftel-Hunt sets forth multiple
channel substitutions including a proposed substitution of Channel 246C1
at Haskell, Texas, which conflicts with the proposed Channel 245C3
allotment at Cross Plains. According to Heftel-Hunt, this Joint
Counterproposal will render moot the two pending Applications for Review
and Petition for Reconsideration directed to the [Report and
Order]{.underline} in MM Docket No. 97-26 and 97-91. We will discuss
these channel substitutions below.

7\. In its Joint Counterproposal, Heftel-Hunt proposes the substitution
of Channel 238A for Channel 237A at Jacksboro, Texas, and the
modification of the Station KJKB construction permit to specify
operation on Channel 238A. Hunt Broadcasting, Inc., permittee of Station
KJKB, has agreed to the proposed new channel at a new site provided it
is reimbursed for the costs in implementing this modification of the
Station KJKB construction permit. In order to allot Channel 238A to
Jacksboro, it is necessary to modify the license of Station KVRP,
Channel 238C1, Haskell, Texas, to specify operation on Channel 246C1. To
this end, on November 19, 1999, we released an [Order to Show
Cause]{.underline} directed to Rolling Plains Broadcasting, licensee of
Station KVRP, to show cause why its Station KVRP license should not be
modified to specify operation on Channel 246C1. 14 FCC Rcd 19410 (1999).
To accommodate Channel 246C1 at Haskell, Heftel-Hunt proposes the
substitution of 245A for vacant Channel 246A at Eldorado, Oklahoma, and
the substitution of Channel 249A for Channel 246A at Snyder, Texas. In
addition, Chuckie Broadcasting Company, licensee of Station KKAJ,
Channel 239C1, Ardmore, Oklahoma, has agreed to relocate its transmitter
site to accommodate Channel 238A at Jacksboro.

[Discussion]{.underline}

8\. As requested in the First Broadcasting Counterproposal, we are
substituting Channel 294C for Channel 293A at Muenster, Texas, and are
modifying the license of Station KXGM-FM to specify operation on Channel
294C.[^9] This upgrade will result in a net service gain to 23,940
square kilometers containing 2,912,627 persons. In order to accommodate
Channel 294C at Muenster, we are substituting Channel 282C2 for vacant
Channel 294C2 at Detroit, Texas.[^10] The channel substitution at
Detroit also requires that we substitute Channel 272A for vacant Channel
284A at Antlers, Oklahoma.[^11] To accommodate the Channel 294C
substitution at Muenster, we are also substituting Channel 296C1 for
Channel 294C at Granbury, Texas, reallotting Channel 296C1 to Benbrook,
Texas, and are modifying the license of Station KDXT to specify
operation on Channel 296C1 at Benbrook.[^12] This will result in a
preferential arrangement of allotments as required by the Commission in
[Modification of FM and TV Authorizations to Specify a New Community of
License]{.underline} ("[Community of License]{.underline}"), 4 FCC Rcd
4870 (1989), [recon]{.underline}., 5 FCC Rcd 7094 (1990). In reaching
this determination, we compared the existing versus the proposed
arrangement of allotments using the FM priorities set forth in [Revision
of FM Assignment Policies and Procedures]{.underline}, 90 FCC2d 88
(1988).[^13] This will provide a first local service to Benbrook, with a
population of 19,564 persons, while Granbury will continue to receive
local service from Station KPAR. This reallotment will result in a net
gain in service to 831,172 persons. We also note that the reallotment
will result in 3,727 persons losing a fifth aural service, 176 persons
losing a fourth aural service, and 63 persons losing a third aural
service. KCYT-FM License Corporation, a co-petitioner in this
proceeding, has consented to this modification of its license.

9.  We recognize that Benbrook is located within the Dallas-Fort Worth
    Urbanized Area.

We are concerned with the potential migration of stations from lesser
served rural areas to well-served urban areas. To this end, we will not
blindly apply a first local service preference of the FM allotment
priorities when a station seeks to reallot its channel to a suburban
community in or near an Urbanized Area. In making such a determination
regarding a proposal to award a first local service preference, we apply
existing precedents. [See]{.underline} [e.g.]{.underline} [Huntington
Broadcasting Co. v. FCC]{.underline}, 192 F.2d 33 (D.C. Cir. 1951); [RKO
General, Inc. (KFRC)]{.underline}, 5 FCC Rcd 3222 (1990); [Faye and
Richard Tuck]{.underline}, 3 FC Rcd 5374 (1988). In essence, we consider
the extent the station will provide service to the entire Urbanized
Area, the relative populations of the suburban and central city, and,
most importantly, the independence of the suburban community.

10\. In this situation, Benbrook, with a population 19,564 persons, is
entitled to a preference as a first local service. While this population
is only 4.4% of the population of Fort Worth, we note that such a
percentage has not precluded favorable consideration as a first local
service. [See]{.underline} [e.g]{.underline}. [Ada, Newcastle and
Watonga, Oklahoma]{.underline}, 11 FCC Rcd 16896 (1996); [Bay St. Louis
and Poplarville, Mississippi]{.underline}, 10 FCC Rcd 13144 (1995); and
[Scotland Neck and Pinetops, North Carolina]{.underline}, 7 FCC Rcd 5113
(1992). We also note that the proposed 70 dBu signal contour will not
reach Fort Worth. In any event, the Commission has stated that these
factors have less significance than evidence of independence.
[See]{.underline} [e.g]{.underline}., [Headland Alabama, and
Chattahoochee, Florida]{.underline}, 10 FCC Rcd 10352 (1995). Consistent
with the factors set forth in [Faye and Richard, Tuck]{.underline}, we
conclude that Benbrook is not dependent upon the Dallas-Fort Worth
Urbanized Area for its existence. Benbrook is an incorporated community
with its own local government employing 82 fulltime employees. In
addition to a mayor and a city council, Benbrook has its own police and
fire departments as well as a Planning and Zoning Commission, Parks and
Recreation Board, Economic Development Corporation, Water and Sewer
Authority, and a municipal court. In addition to its own post office and
zip code, Benbrook has a local newspaper. Benbrook has a Chamber of
Commerce with numerous local businesses, health facilities, and civic
organizations.

11\. In order to allot Channel 294C to Muenster, it is necessary to make
two other channel substitutions. First, as proposed by First
Broadcasting, we are substituting Channel 296A for Channel 295A at
McKinney, Texas, reallotting Channel 296A to Campbell, Texas, and
modifying the Station KZDF license to specify operation on Channel 296A
at Campbell.[^14] This will provide a first local service to Campbell
while noncommercial educational FM Station KNTU will continue to be
licensed to McKinney. Moreover, McKinney will continue to receive
service from seven stations. Second, we are substituting Channel 296C3
for Channel 294A at Lone Grove, Oklahoma, and are modifying the license
of Station KYNZ to specify operation on Channel 296C3.[^15] Chuckie
Broadcasting Company, licensee of Station KYNZ and a counterproponent in
this counterproposal, has agreed to this upgrade and transmitter
relocation. This upgrade will result in additional service to 24,699
persons in an area of 2,335 square kilometers. These channel
substitutions require related channel substitutions that will be
discussed below.

12\. The Channel 296C3 upgrade at Lone Grove, Oklahoma, requires two
channel substitutions. First, we are substituting Channel 292A for
Channel 296A at Durant, Oklahoma, and are modifying the license of
Station KLBC to specify operation on Channel 292A.[^16] First
Broadcasting has submitted a statement from Durant Broadcasting
Corporation, licensee of Station KLBC agreeing to the proposed
modification.[^17] Second, we are modifying the reference site for
Channel 297C2 at Lawton, Oklahoma.[^18] First Broadcasting has submitted
a statement from Pat-Tower, Inc., licensee of Station KVRW, Channel
297C2, Lawton, Oklahoma, agreeing to file the appropriate application.
[See]{.underline} [e.g]{.underline}. [Big Pine Key, Clewiston, Ft. Myers
Villas, Indiantown, Jupiter, Key Colony Beach, Naples and Tice,
Florida]{.underline}, 13 FCC Rcd 15542 (1998); [see]{.underline}
[also]{.underline}, [Thunderbolt Broadcasting Company]{.underline}, 13
FCC Rcd 1959 (1998).

13\. In order to allot Channel 296A to Campbell, Texas, as discussed in
paragraph 11, we are substituting Channel 295A for Channel 296A at
Terrell, Texas, reallotting Channel 295A to Kerens, Texas, and are
modifying the license of Station KZDL to specify operation on Channel
295A at Kerens.[^19] This will provide a first local service to an
incorporated community of 1,702 persons while Terrell will continue to
receive local service from AM Station KPYK. We also note that Kerens is
not located within an Urbanized Area and Station KZDL will not provide a
70 dBu signal to 50% of any Urbanized Area.

14. In order to allot Channel 296C1 to Benbrook, Texas, we are
    substituting Channel

234C3 for Channel 296C3 at Graham, Texas, and are modifying the license
of Station KWKQ to specify operation on Channel 234C3.[^20] Graham
Newspapers, Inc., licensee of Station KWKQ, has agreed to the new
channel at a new transmitter site. In addition to accommodating Channel
296C1 at Benbrook, this license modification will result in a net gain
in service to 11,335 persons while only 140 persons will lose service.

15\. In order to allot Channel 296C1 to Benbrook, Texas, we are also
substituting Channel 272C3 for Channel 296C3 at Coleman, Texas, and are
modifying the license of Station KSTA-FM, Coleman, to specify operation
on Channel 272C3.[^21] This channel substitution can be implemented at
the current Station KSTA-FM transmitter site and Watts Communications,
Inc., licensee of Station KSTA-FM, has consented to this channel
substitution.

16\. The Channel 296C1 allotment at Benbrook also requires that we
substitute Channel 277A for Channel 296A at Waco, Texas, and modify the
license of Station KWBU to specify operation on Channel 277A.[^22] This
channel substitution can be implemented at the current Station KWBU
transmitter site and Baylor University, licensee of Station KWBU, has
consented to this channel substitution.

17\. In order to allot Channel 277A to Waco, Texas, we are substituting
Channel 281C3 for Channel 277C3 at Clifton, Texas, and are modifying the
license of Station KWOW, Clifton, to specify operation on Channel
281C3.[^23] M&M Broadcasters, Ltd., licensee of Station KWOW has
submitted a statement agreeing to file the appropriate application to
implement this channel substitution and license modification.

18\. In order to allot Channel 281C3 to Clifton, Texas, we are
substituting Channel 245C1 for Channel 281C1 at Brownwood, Texas, and
are modifying the license of Station KXYL-FM, Brownwood, to specify
operation on Channel 245C1.[^24] This channel substitution can be
accommodated at the existing Station KXYL-FM transmitter site, and Watts
Communications, Inc., licensee of Station KXYL-FM has submitted a
statement agreeing to this channel substitution.

19\. In order to allot Channel 245C1 to Brownwood, Texas, we are
substituting Channel 291A for Channel 246A at San Saba, Texas, and are
modifying the license of Station KBAL, San Saba, to specify operation on
Channel 291A.[^25] Equicom, Inc., licensee of Station KBAL has submitted
a statement agreeing to this channel substitution.

20\. As requested in the Blue Bonnet Counterproposal, we are
substituting Channel 277C for Channel 277C2 at Commerce, Texas,
reallotting Channel 277C to Allen, Texas, and are modifying the license
of Station KEMM to specify operation on Channel 277C at Allen.[^26] This
will provide Allen, with a 1990 U.S. Census population of 18,309
persons, with a first local service while the smaller community of
Commerce, with a 1990 U.S. Census population of 6,825 persons, will
retain local service from Station KETR. This will result in a net gain
in service to 2,928,528 persons and a net gain area of 22,470 square
kilometers. The entire current service area of Station KEMM will
continue to receive five aural services. [See]{.underline} [Atlantic and
Glenwood, Iowa]{.underline}, 10 FCC Rcd 3160 (1995).

21\. We recognize that Allen is located within the Dallas-Fort Worth
Urbanized Area and that Station KEMM will provide a 70 dBu signal to all
of the Denton Urbanized Area. As stated earlier, we are concerned with
the potential migration of stations from lesser served rural areas to
well-served urban areas. For this reason, will not blindly apply a first
local service preference of the FM allotment priorities when a station
seeks to reallot its channel to a suburban community in or near an
Urbanized Area. In making the determination regarding a proposal to
award a first local service preference, we apply existing precedent.
[See]{.underline} [Huntington Broadcasting Co. v. FCC]{.underline},
[supra]{.underline}; [Faye and Richard Tuck]{.underline},
[supra]{.underline}. In essence, we consider the extent the station will
provide service to the entire Urbanized Area, the relative populations
of the suburban and central city, and, most importantly, the
independence of the suburban community.

22\. Allen is entitled to a preference as a first local service. While
the population of Allen is 1.8% of the population of Dallas, 4.1% of the
population of Fort Worth, and 27.8% of the population of Denton, such
percentages have not precluded consideration as a first local service.
[See]{.underline} [e.g]{.underline} [Bay St. Louis and Poplarville,
Mississippi]{.underline}, [supra]{.underline}. We also note that the
proposed 70 dBu contour will cover only 8.7% of the Dallas-Fort Worth
Urbanized Area and will not reach any portion of Dallas or Forth Worth.
In any event, the Commission has stated that these factors have less
significance than evidence of independence. [See]{.underline}
[e.g]{.underline}, [Headland, Alabama, and Chattahoocee,
Florida]{.underline}, [supra]{.underline}. Consistent with the factors
set forth in [Faye and Richard Tuck]{.underline}, [supra]{.underline},
we conclude that Allen is not dependent upon the Dallas-Fort Worth
Urbanized Area for its existence. Allen is an incorporated community
with its own local government with approximately 250 fulltime employees.
It has a mayor and a city council with a city manager, city attorney,
and municipal court judge. In addition to its own independent school
district, Allen has its own police and fire department, parks and
recreation, and public works department. Allen has its own post office,
commercial establishments, health facilities, library, newspaper,
churches and civic associations.

23\. In order to allot Channel 277C to Allen, Texas, we are substituting
Channel 272C1 for Channel 277C1 at Wichita Falls, Texas, and are
modifying the license of Station KWFS to specify operation on Channel
272C1.[^27] Apex Broadcasting, LLC, licensee of Station KWFS, has agreed
to the channel substitution and transmitter site relocation.

24\. The Channel 277C allotment at Allen also requires that we
substitute Channel 271A for Channel 276C2 at Atoka, Oklahoma, and modify
the license of Station KHKC, Channel 276C2, Atoka, to specify operation
on Channel 271A.[^28] Station KHKC currently operates on Channel 276A.
In MM Docket No. 87-322, we modified the Station KHKC license to specify
operation on Channel 276C2. [Atoka, Oklahoma]{.underline}, 3 FCC Rcd 630
(1988). On February 5, 1999, we granted the application to implement
that upgrade (File No. BPH-981109II). Ballard Broadcasting of Oklahoma,
Inc., licensee of Station KHKC, has filed a statement agreeing to the
channel substitution and transmitter site relocation. Moreover,
WBAP/KSCS Operating, Ltd., proposed assignee of Station KHKC has also
agreed to implement the channel substitution and transmitter relocation.
Although Station KHKC has not commenced operation with Class C2
facilities, we note that in the area that would have been served, there
are 83 persons receiving four aural services. The remaining population
in this area receives five fulltime aural services which the Commission
considers to be abundant. [See]{.underline} [LaGrange and Rollingwood,
Texas]{.underline}, 10 FCC Rcd 3337 (1995).

25\. The Channel 272C1 channel substitution at Wichita Falls requires
three channel substitutions. To these ends, we are substituting 280A for
Channel 273A at Wichita Falls, Texas, and are modifying the license of
Station KQXC to specify operation on Channel 280A.[^29] Cumulus
Licensing Corporation, licensee of Station KQXC has agreed to the
channel substitution and license modification. Second, we are
substituting Channel 276A for Channel 272A at Vernon, Texas, and are
modifying the license of Station KVWC to specify operation on Channel
276A.[^30] KVWC, Inc., licensee of Station KVWC has also agreed to the
channel substitution and license modification. Third, we are
substituting 246A for Channel 272A at Duncan, Oklahoma, and are
modifying the license of Station KKEN to specify operation on Channel
246A.[^31] Monroe-Stephens Broadcasting, Inc., licensee of Station KKEN
has agreed to the channel substitution and modification of its license.
None of these channel substitutions require a transmitter site
relocation.

26\. In order to allot Channel 246A to Duncan, we are substituting
Channel 287A for Channel 246A at Comanche, Oklahoma, and are modifying
the license of Station KDDQ to specify operation on Channel 287A at a
new transmitter site.[^32] Harold Cochran, licensee of Station KDDQ, has
agreed to this license modification and transmitter site relocation. The
deletion of Channel 246A at Comanche will also eliminate an existing
short-spacing with Station KEGL, Channel 246C, Fort Worth, Texas. In
turn the Channel 287A allotment at Comanche requires that we substitute
Channel 284C1 for Channel 284C at Burkburnett, Texas, and modify the
license of Station KYYI to specify operation on Channel 284C1.[^33]
Cumulus Licensing Corporation, licensee of Station KYYI, has agreed to
this channel substitution and license modification at a new transmitter
site. We also note that this is the same facility specified in the
outstanding Station KYYI construction permit (File No. BPH-980115IC).

27\. In order to allot Channel 280A to Wichita Falls, we are
substituting Channel 278C for Channel 279C1 at Anadarko, Oklahoma, and
are modifying the license of Station KRPT to specify operation on
Channel 278C.[^34] Monroe-Stephens Broadcasting, Inc., licensee of
Station KRPT, has agreed to this channel substitution and transmitter
site change. In this regard, we note that this upgrade will enable
Station KRPT to serve an additional 19,820 square kilometers containing
237,054 persons. In order to allot Channel 278C to Anadarko, we are
substituting Channel 248C2 for Channel 278C1 at Alva, Oklahoma.[^35]
George S. Flinn, Jr., applicant for the vacant Channel 278C1 allotment
at Alva (File No. BPH-970306MD), has agreed to either amend his
application or, if the application is granted, modify the construction
permit to specify operation on Channel 248C2 at a new site. In
accordance with Section 1.420(j) of the Rules, George S. Flinn has filed
a statement that he has not and will not receive any compensation in
excess of his legitimate and prudent expenses in implementing the
channel substitution. The Channel 278C allotment at Anadarko also
requires that we substitute Channel 298C3 for vacant Channel 278C3 at
Wellington, Texas.[^36] Finally, the Channel 278C allotment at Anadarko
requires that we substitute Channel 224A for Channel 278C3 at Dickson,
Oklahoma.[^37] There are currently four applications on file for the
Channel 278C3 allotment at Dickson. The Federal Aviation Administration
has determined that each of these applications would cause
electromagnetic interference (EMI) to air navigation stations. Each of
the applicants has agreed to amend their respective applications to
specify operation on Channel 224A. In accordance with Section 1.420(j)
of the Rules, these applicants have submitted statements that they have
not or will not receive any consideration in excess of the legitimate
and prudent costs of effectuating the channel substitution at a new
transmitter site.

28\. The Blue Bonnet Counterproposal requires three other channel
substitutions that were also set forth in the First Broadcasting
Counterproposal. Specifically, Blue Bonnet proposes the substitution of
Channel 281C3 for Channel 277C3 at Clifton, Texas, the substitution of
Channel 245C1 for 281C1 at Brownwood, Texas, and the substitution of
Channel 291A for Channel 246A at San Saba, Texas. As discussed earlier,
we have already substituted these channels in connection with the First
Broadcasting Counterproposal and will not be discussed in our resolution
of the Blue Bonnet Counterproposal.

29\. At the request of Heftel-Hunt, we are substituting Channel 238A for
Channel 237A at Jacksboro, Texas, and are modifying the Station KJKB
construction permit to specify operation on Channel 238A.[^38] Hunt
Broadcasting, Inc., permittee of Station KJKB, has agreed to the channel
substitution at a new transmitter site. In order to allot Channel 238A
to Jacksboro, we are substituting Channel 246C1 for Channel 238C1 at
Haskell, Texas, and are modifying the license of Station KVRP, Haskell,
Texas, to specify operation on Channel 246C1.[^39] Heftel-Hunt has
agreed to reimburse Rolling Plains Broadcasting Corporation, licensee of
Station KVRP, for the reasonable costs incurred in connection with this
change in channel. This license modification is the result of an [Order
to Show Cause]{.underline} requiring Rolling Plains Broadcasting
Corporation to show cause why its license should not be modified to
facilitate a resolution of this proceeding and a related proceeding
involving MM Docket No. 97-26 and MM Docket No. 97-91. In response to
the [Order to Show Cause]{.underline}, Rolling Plain Broadcasting
Corporation consented to this modification of its license.

30\. The Channel 246C1 allotment at Haskell requires channel
substitutions at two communities. First, we are substituting Channel
255A for Channel 246A at Snyder, Texas.[^40] Delbert Foree, permittee of
the Channel 246A allotment at Snyder has agreed to this channel
substitution which can be accommodated at his authorized transmitter
site. We are also substituting Channel 245A for vacant Channel 246A at
Eldorado, Oklahoma.[^41]

31\. In order to allot Channel 238A to Jacksboro, Texas, we are changing
the reference coordinates for Station KKAJ, Channel 239C1, Ardmore,
Oklahoma.[^42] Chuckie Broadcasting Company, licensee of Station KKAJ,
has agreed to relocate its transmitter site in return for its reasonable
costs in effectuating this relocation. [See]{.underline}
[e.g]{.underline}. [Big Pine Key, Clewiston, Ft. Myers Villas,
Indiantown, Jupiter Key Colony Beach, Naples and Tice,
Florida]{.underline}, [supra]{.underline}. At the new site, Station KKAJ
will serve an additional 67,833 persons. To accommodate Channel 238A at
Jacksboro, we are also changing the reference coordinates for the
Station KYXS, Channel 240C1, Mineral Wells, Texas.[^43] Jerry Snyder and
Associates, Inc., licensee of Station KYXS, has agreed to this change in
reference coordinates. These are the same coordinates specified in the
pending Station KYXS application (File No. BPH-961125IG) to implement
the Channel 240C1 upgrade at Mineral Wells. Finally, we note that the
Channel 238A at Jacksboro conflicts with the pending proposal in MM
Docket No. 96-12 by Metro Broadcasters-Texas, Inc., licensee of Station
KHYI, 237C3, Howe, Texas, for an upgrade to Channel 237C2. Metro
Broadcasters-Texas, Inc. has agreed to change the proposed transmitter
site for its Channel 237C2 upgrade in MM Docket No. 96-12 without
payment or promise of payment from any party.[^44]

[Rawhide Radio]{.underline}

32\. In its Counterproposal, Rawhide Radio (formerly Gulfwest-Sonoma)
proposes the substitution of Channel 249C2 for Channel 249C3 at Cuero,
Texas, reallotment of Channel 249C2 to Luling, Texas, and modification
of its Station KVCQ license to specify operation on Channel 249C2 at
Luling. In order to accommodate this upgrade and reallotment, Rawhide
Radio proposes the substitution of Channel 281C2 for Channel 249C2 at
Mason, Texas.[^45] Rawhide Radio also proposes the allotment of Channel
280A to Cuero as a replacement service. Against this background, on
December 3, 1999, we released a [Notice of Proposed Rule
Making]{.underline} in MM Docket No. 99-342. At the request of John R.
Furr, permittee of a construction permit (File No. BPH-960926MF) for the
Channel 281A at Pearsall, Texas, that [Notice]{.underline} proposed the
substitution of Channel 281C1 for Channel 281A at Pearsall, Texas, and
modification of his construction permit to specify operation on Channel
281C1. To accommodate the reallotment of Channel 249C2 to Luling in this
proceeding, Rawhide Radio proposes the substitution of Channel 281C2 for
Channel 249C2 at Mason, Texas. This channel substitution conflicts with
the proposed Channel 281C1 upgrade at Pearsall in MM Docket No. 99-342.
Inasmuch as the Pearsall upgrade was on file by the comment date in this
proceeding, it is entitled to comparative consideration with the Luling
reallotment proposal in this proceeding.

33\. In regard to the proposals now pending in this proceeding, there is
no longer any technical impediment to the Luling reallotment proposal.
Specifically, the proposed Channel 281C2 substitution at Mason no longer
conflicts with any proposal in MM Docket No. 98-198. Also, we do not see
any benefit or requirement for the Pearsall upgrade proposal set forth
in MM Docket No. 99-342 be folded into this proceeding. For this reason,
we will process the Rawhide Radio Luling reallotment proposal as a
counterproposal in MM Docket No. 99-342. The conflicting Luling and
Pearsall proposals are entitled to comparative consideration.
Comparative consideration in the context of MM Docket No. 99-342 will
not prejudice either party. In this instance, we believe that
consideration in MM Docket No. 99-342 is the procedure most conducive to
the efficient transaction of Commission business.

34\. 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 May 4, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

[Community]{.underline} [Channel No.]{.underline}

Alva, Oklahoma 248C2

Anadarko, Oklahoma 278C

Antlers, Oklahoma 272A, 222C2

Ardmore, Oklahoma 239C1

Atoka, Oklahoma 271A

Comanche, Oklahoma 287A

Dickson, Oklahoma 224A

Duncan, Oklahoma 246A

Durant, Oklahoma 292A

Eldorado, Oklahoma 245A

Lawton, Oklahoma 297C2

Lone Grove, Oklahoma 296C3

Allen, Texas 277C

Benbrook, Texas 296C1

Brownwood, Texas 245C1

Burkburnett, Texas 284C1

Campbell, Texas 296A

Clifton, Texas 281C3

Coleman, Texas 272C3

Commerce, Texas \-\-\-\-\--

Detroit, Texas 282C2

Graham, Texas 234C3

Haskell, Texas 246C1

Howe, Texas 237C2

Jacksboro, Texas 238A

Kerens, Texas 295A

Snyder, Texas 255A

Vernon, Texas 276A

Waco, Texas 277A

Wellington, Texas 298C3

Wichita Falls, Texas 225C1, 260C1, 272C1, 273A, 280A

35\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Gain-Air,
Inc. for Station KXGM, Muenster, Texas, IS MODIFIED to specify operation
on Channel 294C in lieu of Channel 293A, 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 construction permit (FCC Form 301), specifying the new facility;

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with Section 73.1620 of the Rules;

\(c\) Nothing contained herein shall be construed to authorize a change
in transmitter site or avoid the necessity of filing an environmental
assessment pursuant to Section 1.1307 of the Rules.

36\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act

of 1934, as amended, that the license of KDXT-FM License Corporation for
Station KDXT, IS MODIDIED to specify operation on Channel 296C1 at
Benbrook, Texas, in lieu of Channel 294C at Granbury, Texas, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

37\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of KZDF License
Co., L.L.C. for Station KZDF, IS MODIFIED to specify operation on
Channel 296A at Campbell, Texas, in lieu of Channel 295A at McKinnney,
Texas, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

38\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Chuckie
Broadcasting Company for Station KYNZ, Lone Grove, Oklahoma, IS MODIFIED
to specify operation on Channel 296C3 in lieu of Channel 294A, 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 construction permit (FCC Form 301)
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

39\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Texhoma
Broadcasting, Inc., for Station KLBC, Durant, Oklahoma, IS MODIFIED to
specify operation on Channel 292A in lieu of Channel 296A, 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 construction permit (FCC Form 301)
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

40\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of KZDL License
Co., L.L.C. for Station KZDL IS MODIFIED to specify operation on Channel
295A at Kerens, Texas, in lieu of Channel 296A at Terrell, Texas,
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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

41\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Graham
Newspapers, Inc., for Station KWKQ, Graham, Texas, IS MODIFIED to
specify operation on Channel 234C3 in lieu of Channel 296C3, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or to avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

42\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Watts
Communications, Inc., for Station KSTA-FM, Coleman, Texas, IS MODIFIED
to specify operation on Channel 272C3 in lieu of Channel 296C3, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 1.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or to avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

43\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Baylor
University for Station KWBU, Waco, Texas, IS MODIFIED to specify
operation on Channel 277A in lieu of Channel 296A, subject to the
follwing conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization of Station KWBU except for the channel as
> specified above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the authorization for Station KWBU except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of the commencement of program tests.

44\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of M&M
Broadcasters, Ltd. for Station KWOW, Clifton, Texas, IS MODIFIED to
specify operation on Channel 281C3 in lieu of Channel 277C3, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 73.1307 of the Rules.

45\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Watts
Communications, Inc. for Station KXYL-FM, Brownwood, Texas, IS MODIFIED
to specify operation on Channel 245C1 in lieu of Channel 281C1, subject
to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization of Station KXYL-FM except the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the authorization of Station KXYL-FM
> except for the channel as specified above and a license application
> (FCC Form 302) is filed within 10 days of commencement of program
> tests.

46\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Equicom,
Inc., for Staion KBAL, San Saba, Texas, IS MODIFIED to specify operation
on Channel 291A in lieu of Channel 246A, subject to the following
conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization for Station KBAL except for the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the authorization for Station KBAL except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of commencement of program tests.

47\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Blue Bonnet
Radio, Inc. for Station KEMM IS MODIFIED to specify operation on Channel
277C at Allen, Texas, in lieu of Channel 277C2 at Commerce, Texas,
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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 73.1307 of the Rules.

48\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Apex
Broadcasting, LLC for Station KWFS, Wichita Falls, Texas, IS MODIFIED to
specify operation on Channel 272C1 in lieu of Channel 277C1, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 73.1307 of the Rules.

49\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Ballard
Broadcasting of Oklahoma, Inc. for Station KHKC, Atoka, Oklahoma, IS
MODIFIED to specify operation on Channel 271A in lieu of Channel 276C2,
subject to the following conditions:

(a) Within 90 days from the effective date of this [Order]{.underline},
    the licensee shall submit

> to the Commission a minor change application for construction permit
> (FCC Form 301), specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 73.1307 of the Rules.

50\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Cumulus
Licensing Corporation for Station KQXC, Wichita Falls, Texas, IS
MODIFIED to specify operation on Channel 280A in lieu of Channel 273A,
subject to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization of Station KQXC except for the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1609 of the Rules, 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 the authorization for Station KQXC except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of the commencement of program tests.

51\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of KVWC, Inc.
for Station KVWC, Vernon, Texas, IS MODIFIED to specify operation on
Channel 276A in lieu of Channel 272A, subject to the following
conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization of station KVWC except for the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the authorization for Station KVWC except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10mdays of the commencement of program tests.

52\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of
Monroe-Stephens Broadcasting, Inc. for Station KKEN, Duncan, Oklahoma,
IS MODIFIED to specify operation on Channel 246A in lieu of Channel
272A, subject to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization for Station KKEN except for the channel as
> described above. Any other changes, except for those so specified
> under Section73.1690 of the Rules, 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 the authorization for Station KKEN except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of the commencement of program tests.

53\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Harold
Cochran for Station KDDQ, Comanche, Oklahoma, IS MODIFIED to specify
operation on Channel 287A in lieu of Channel 246A, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Commission's
> Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

54\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Cumulus
Licensing Corporation for Station KYYI, Burkburnett, Texas, IS MODIFIED
to specify operation on Channel 284C1 in lieu of Channel 284C, subject
to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization for Station KYYI except for the Channel as
> desribed above. Any other changes, except for those so specified under
> Section 73.1690 of the Rules, 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 the authorization for Station KYYI except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of commencement of program tests.

55\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the construction permit of
Delbert Foree for a Class A allotment at Snyder, Texas (File No.
BPH-960409MC), IS MODIFIED to specify operation on Channel 255A in lieu
of Channel 246A, subject to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the aforementioned authorization except for the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the aforementioned authorization except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of the commencement of program tests.

56\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of
Monroe-Stephens Broadcasting, Inc. for Station KRPT, Anadarko, Oklahoma,
IS MODIFIED to specify operation on Channel 278C in lieu of Channel
279C1, 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 construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in tranmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

57\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the construction permit of
Hunt Broadcasting, Inc. for Station KJKB, Jacksboro, Texas, IS MODIFIED
to specify operation on Channel 238A in lieu of Channel 237A, subject to
the following conditions:

> \(a\) Within 90 days of the effective date of this
> [Order]{.underline}, the permittee shall submit to the Commission a
> minor change application for construction permit (FCC Form 301),
> specifying the new facility;
>
> \(b\) Upon grant of the construction permit, program tests may be
> conducted in accordance with Section 73.1620 of the Rules;
>
> \(c\) Nothing contained herein shall be construed to authorize a
> change in transmitter site or avoid the necessity of filing an
> environmental assessment pursuant to Section 1.1307 of the Rules.

58\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Rolling
Plains Broadcasting Corporation for Station KVRP, Haskell, Texas, IS
MODIFIED to specify operation on Channel 246C1 in lieu of Channel 238C1,
subject to the following conditions:

> \(a\) Nothing contained herein shall be construed to authorize any
> change in the authorization of Station KVRP except for the channel as
> described above. Any other changes, except for those so specified
> under Section 73.1690 of the Rules, 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 the authorization for Station KVRP except
> for the channel as specified above and a license application (FCC Form
> 302) is filed within 10 days of the commencement of program tests.

59\. Pursuant to Section 1.1104 (1)(k) and (2)(k) of the Commission\'s
Rules, 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 rulemaking fee when filing its
application to implement the change in community of license and/or
upgrade. As a result of this proceeding, the licensees and permittees
receiving an upgrade and/or change in community of license are required
to submit a rulemaking fee in addition to the fee required for the
application to effect the upgrade and/or change in community of license.

60\. IT IS FURTHER ORDERED, That the Secretary of the Commission shall
send a copy of this [Report and Order]{.underline} BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, to:

Rolling Plains Broadcasting Corporation Gain-Air, Inc.

P.O. Box 1118 107 South Commerce Street

Haskell, Texas 79521 Gainesville, Texas 76240

KCYT-FM License Corp. KZDF License Company, LLC

3102 Oak Lawn Avenue 1436 Auburn Boulevard

Suite 215 Sacramento, California 95815

Dallas, Texas 75219

Cumulus Licensing Corporation Monroe-Stephens Broadcasting, Inc.

111 East Kilbourn Avenue 115 West Broadway

Suite 2700 P.O. Box 1360

Milwaukee, Wisconsin 53202 Anadarko, Oklahoma 73005

Hunt Broadcasting, Inc. Harold Cochran

1776 East Tufts Avenue HC-69, Box 11

Englewood, California 80110 Kingston, Oklahoma 73439

Ballard Broadcasting of Oklahoma, Inc. KVWC, Inc.

4410 10^th^ Street Box 1419

Lubbock, Texas 79476 Vernon, Texas 76384

Blue Bonnet Radio, Inc. KWFS-FM, LP

P.O. Box 1292 6 Whitefield Drive

Greenville, Texas 75403 LaFayette Hill, Pa. 19444

Equicom, Inc. Watts Communications, Inc.

2402 Broadmoor 1 Texas Avenue

Bldg D-2, Suite 101 Brownwood, Texas 77802

Bryan, Texas 77802

M&M Broadcasters, Ltd. Baylor University

919 n. Main B.U. Box 7368

Cleburne, Texas 76033 Waco, Texas 76798

Graham Newspapers, Inc. Texhoma Broadcasting, Inc.

620 Oak Street 401 West Evergreen

Graham, Texas 76450 Durant, Oklahoma 74701

Chuckie Broadcasting Company Delbert Foree

P.O. Box 1609 1806 KSNY Drive

Ardmore, Oklahoma 73402 Snyder, Texas 79550

61\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

62\. For further information concerning this proceeding, contact Robert
Hayne, Mass Media Bureau, (202) 418-2177.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: Chuckie Broadcasting Company, KZDL License Co., LLC and KZDF
    License Co., LLC were also listed as counterproponents.

[^2]: Gulfwest Broadcasting Company and Sonoma Media Corporation also
    filed Reply Comments. First Broadcasting and Blue Bonnet filed Joint
    Reply Comments directed against the Counterproposal filed by
    Gulfwest Broadcasting Company and Sonoma Media Corporation.

[^3]: In regard to the other six proposals, First Broadcasting proposes
    the substitution of Channel 272C3 for Channel 296C3 at Coleman,
    Texas, and modification of the Station KSTA license to specify
    operation on Channel 272C3. Second, it proposes the substitution of
    Channel 292A for Channel 296A at Durant, Oklahoma, and modification
    of the Station KLBC license to specify operation on Channel 292A.
    Third, it proposes the substitution of 281C3 for Channel 277C3 at
    Clifton, Texas, and modification of the Station KWOW license to
    specify operation on Channel 281C3. Fourth, it proposes the
    substitution of Channel 277A for Channel 296A at Waco, Texas, and
    modification of the Station KWBU license to specify operation on
    Channel 277A. Fifth, it proposes the substitution of Channel 234C3
    for Channel 296C3 at Graham, Texas, and modification of the Station
    KWKQ license to specify operation on Channel 234C3. Sixth, it
    proposes the substitution of Channel 291A for Channel 246A at San
    Saba, Texas, and modification of the Station KBAL license to specify
    operation on Channel 291A.

[^4]: As stated earlier, Blue Bonnet is composed of Blue Bonnet Radio,
    Inc. and WBAP/KSCS Operating, Ltd. Blue Bonnet Radio, Inc. is the
    licensee of Station KEMM and WBAP/KSCS Operating, Ltd. holds an
    option to acquire Station KEMM.

[^5]: George S. Flinn, Jr., the sole applicant for this allotment (File
    No. BPH-970306MD), has submitted a statement indicating his
    willingness to amend his application to specify operation on Channel
    248C2 at a different transmitter site.

[^6]: The proposed substitution of Channel 245C1 at Brownwood conflicts
    with the proposed Channel 245C3 allotment at Cross Plains set forth
    in the [Notice]{.underline}. This is also the same substitution set
    forth by First Broadcasting in its Counterproposal,

[^7]: On February 16, 1999, Alalatex Broadcasters filed a statement
    withdrawing its interest in a new allotment at Cross Plains, Texas.
    In accordance with Section 1.420(j) of the Rules, Alalatex
    Broadcasters also filed a statement that neither it nor any of
    affiliated party has or will receive consideration for the
    withdrawal of its proposal. Accordingly, we will not consider any
    allotment proposal for Cross Plains in this proceeding.

[^8]: On August 21, 1998, we released the [Report and Order]{.underline}
    in MM Docket No. 97-26 and MM Docket No. 97-91. 13 FCC Rcd 15591
    91998). In that [Report and Order,]{.underline} we allotted Channel
    294C2 to Detroit, Texas, and Channel 222C2 to Antlers, Oklahoma. In
    addition, we modified the construction permit of Station KECS,
    Channel 300C2, Gainesville, Texas, to specify operation on Channel
    300C1 at Lewisville, Texas, and modified the license of Station
    KICI, Channel 300C1, Corsicana, Texas, to specify operation on
    Channel 300A at Robinson, Texas. In order to accommodate these two
    reallotments, we modified the construction permit of Station KJKB,
    299A, Jacksboro, Texas, to specify operation on Channel 237A.
    Thereafter, two Applications for Review and a Petition for
    Reconsideration were filed directed against that [Report and
    Order]{.underline}.

[^9]: The reference coordinates for the Channel 294C allotment at
    Muenster, Texas, are 33-26-13 and 97-29-05.

[^10]: The reference coordinates for the Channel 282C2 allotment at
    Detroit, Texas, are 33-47-21 and 95-33-07.

[^11]: The reference coordinates for the Channel 272A allotment at
    Antlers, Oklahoma, are 34-18-05 and 95-33-06.

[^12]: The reference coordinates for the Channel 296C1 allotment at
    Benbrook, Texas, are 32-26-17 and 97-49-06.

[^13]: The FM allotment priorities are: (1) First fulltime aural
    service; (2) second fulltime aural service; (3) First local service;
    and (4) Other public interest matters. Co-equal weight is given to
    Priorities (2) and (3).

[^14]: KZDF License Co., L.L.C., licensee of Station KZDF, is one of the
    counterproponents in this proceeding. The reference coordinates for
    the Channel 296A allotment at Campbell, Texas, are 33-12-41 and
    95-51-39.

[^15]: The reference coordinates for the Channel 296C3 allotment at Lone
    Grove, Oklahoma, are 34-15-01 and 97-07-42.

[^16]: The reference coordinates for the Channel 292A allotment at
    Durant, Oklahoma, are 34-00-07 and 96-25-19.

[^17]: In regard to Durant, Oklahoma, we note that the Station KLBC
    license had been upgraded to Channel 296C3 by a one-step application
    (File No. BMPH-940401IA). However, the Channel 296C3 construction
    permit was cancelled on August 7, 1996.

[^18]: The new reference coordinates for the Channel 297C2 allotment at
    Lawton, Oklahoma, are 34-37-35 and 98-19-05.

[^19]: The reference coordinates for the Channel 295A allotment at
    Kerens, Texas, are 32-08-15 and 96-19-10.

[^20]: The reference coordinates for the Channel 234C3 allotment at
    Graham, Texas, are 33-02-39 and 98-46-27.

[^21]: The reference coordinates for the Channel 272C3 allotment at
    Coleman, Texas, are 31-51-16 and 99-25-36.

[^22]: The reference coordinates for the Channel 277A allotment at Waco,
    Texas, are 31-31-51 and 97-09-10.

[^23]: The reference coordinates for the Channel 281C3 allotment at
    Clifton, Texas, are 31-47-40 and 97-27-17.

[^24]: The reference coordinates for the Channel 245C1 allotment at
    Brownwood, Texas, are 31-42-16 and 99-00-05.

[^25]: The reference coordinates for the Channel 291A allotment at San
    Saba, Texas, are 31-11-26 and 98-42-55.

[^26]: The reference coordinates for the Channel 277C allotment at
    Allen, Texas, are 33-33-36 and 96-57-35.

[^27]: The reference coordinates for the Channel 272C1 allotment at
    Wichita Falls, Texas, are 34-03-57 and 98-45-05.

[^28]: The reference coordinates for the Channel 271A allotment at
    Atoka, Oklahoma, are 34-29-22 and 96-08-07.

[^29]: The reference coordinates for the Channel 280A allotment at
    Wichita Falls, Texas, are 33-53-50 and 98-32-33.

[^30]: The reference coordinates for the Channel 276A allotment at
    Vernon, Texas, are 34-09-12 and 99-16-09.

[^31]: The reference coordinates for the Channel 246A allotment at
    Duncan, Oklahoma, are 34-30-43 and 97-58-05.

[^32]: The reference coordinates for the Channel 287A allotment at
    Comanche, Oklahoma, are 34-22-50 and 98-06-02.

[^33]: The reference coordinates for the Channel 284C1 allotment at
    Burkburnett, Texas, are 34-05-35 and 98-52-44.

[^34]: The reference coordinates for the Channel 278C allotment at
    Anadarko, Oklahoma, are 35-23-18 and 98-37-41.

[^35]: The reference coordinates for the Channel 248C2 allotment at
    Alva, Oklahoma, are 36-58-32 and 98-42-21.

[^36]: The reference coordinates for the Channel 298C3 allotment at
    Wellington, Texas, are 34-49-13 and 100-14-29.

[^37]: The reference coordinates for the Channel 224A allotment at
    Dickson, Oklahoma, are 34-07-17 and 96-58-49.

[^38]: The reference coordinates for the Channel 238A allotment at
    Jacksboro, Texas, are 33-19-53 and 98-10-54.

[^39]: The reference coordinates for the Channel 246C1 allotment at
    Haskell, Texas, are 33-09-40 and 99-48-57. This is the existing
    Station KVRP transmitter site.

[^40]: The reference coordinates for the Channel 255A allotment at
    Snyder, Texas, are 32-45-23 and 100-54-09.

[^41]: The reference coordinates for the Channel 245A allotment at
    Eldorado, Oklahoma, are 34-28-24 and 99-38-54. These are the same
    reference coordinates for the former Channel 246A allotment at
    Eldorado.

[^42]: The reference coordinates for the Channel 239C1 allotment at
    Ardmore, Oklahoma, are now 34-09-42 and 97-09-11.

[^43]: The reference coordinates for the Channel 240C1 allotment at
    Mineral Wells, Texas, are 32-39-15 and 98-11-58.

[^44]: The proposed reference coordinates for the proposed Channel 237C2
    allotment at Howe, Texas, will be 33-31-09 and 96-47-05.

[^45]: There are three pending applications for the vacant Channel 249C2
    allotment at Mason, Texas. Each applicant would be permitted to
    amend its application to specify the new channel without loss of
    cut-off protection.