> **Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MB Docket No. 05-291

Table of Allotments, ) RM-11270

FM Broadcast Stations. )

(Franklin, Addis, and Eunice, Louisiana) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: March 29, 2006 Released: March 31, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division of the Media Bureau has before it for
consideration the *Notice of Proposed Rulemaking*[^1] proposing changes
in the FM Table of Allotments, Section 73.202(b) of the Commission's
Rules. In response to a petition filed by Radio and Investments, Inc.
("R&I"), licensee of Station KDDK(FM), Channel 288A, Franklin,
Louisiana, the *Notice* proposes to change the community of license for
Station KDDK(FM) from Franklin to Addis, Louisiana. R&I's request was
filed pursuant to the provisions of Section 1.420(i) of the Commission's
Rules, which permits the modification of a station's authorization to
specify a new community of license without affording other interested
parties the opportunity to file competing expressions of interest in the
proposed allotment. In order to accommodate the proposed allotment, R&I
further requested a change in reference coordinates for Station KEUN-FM,
Channel 288A, Eunice, Louisiana. Tri-Parish Broadcasting Incorporated
("Tri-Parish"), licensee of Station KEUN-FM, consented to the proposed
change, and R&I has agreed to reimburse Tri-Parish for its reasonable
expenses in making changes to its facilities. R&I represents that if its
request is granted, it will file an application to modify the facilities
of Station KDDK(FM) to specify operation on Channel 288A at Addis,
Louisiana. R&I filed comments supporting the changes proposed in the
*Notice*.

2\. In determining whether to approve a change of community, we compare
the existing and the proposed arrangements of allotments using the FM
allotment priorities set forth in *Revision of FM Assignment Policies
and Procedures*.[^2] Retention of Channel 288A at Franklin would satisfy
only the fourth allotment priority, "other public interest matters,"
whereas the proposed reallotment of Channel 288A at Addis would satisfy
the third allotment priority, "first local service."[^3]

3\. Addis is not located within any urbanized area, but its 70 dBu
signal would encompass approximately 13.4 percent of the Baton Rouge,
Louisiana, Urbanized Area. In the *Notice*, we tentatively concluded
that no *Tuck* analysis would be necessary.[^4] We nonetheless reserved
the right to require a *Tuck* showing upon the receipt of information
from interested parties demonstrating the feasibility of locating the
Station KDDK transmitter at a site that would enable the station to
provide a 70 dBu signal to more than 50 percent of the urbanized area.
Having received no such showing, we now conclude that a *Tuck* analysis
is not necessary for us to proceed with the requested change of
community.

9\. Addis is a town of 2,238 persons, as reported in the 2000 Census.
Addis has its own government and elected officials, including a Mayor,
Town Council, Police Department, Volunteer Fire Department, Town Clerk,
and Public Works Supervisor. Addis supplies its residents with numerous
municipal services, such as police, fire, waste water treatment, code
enforcement, building permits and inspections, zoning, and street
maintenance. Addis has its own ZIP code (70710) and post office.
Numerous retail and commercial establishments are located in Addis,
including many which include "Addis" in their business name. Addis also
is home to several churches, as well as community and civic
organizations.

10\. For all of the foregoing reasons, we conclude that the public
interest would be served by reallotting Channel 288A at Addis,
Louisiana. With the consensual change in reference coordinates for
Station KEUN-FM, Channel 288A, Eunice, Louisiana,[^5] Channel 288A can
be allotted at Addis in compliance with the minimum distance separation
requirements of the Commission's Rules with a site restriction of 4.4
kilometers (2.7 miles) southwest of Addis at reference coordinates
of**:** 30-19-03 NL and 91-17-05 WL.

11\. The Commission will send a copy of this *Report and Order* in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, *see* 5 U.S.C. §801(a)(1)(A).

12\. Accordingly, pursuant to the authority found in 47 U.S.C. Sections
4(i), 5(c)(1), 303(g) and (r) and 307(b), and 47 C.F.R. Sections 0.61,
0.204(b),0.283, and 1.420(i), IT IS ORDERED, That effective May 15,
2006, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS
AMENDED, with respect to the communities listed below, to read as
follows:

[Community Channel Number]{.underline}

> Addis, Louisiana 288A
>
> Franklin, Louisiana 295C3[^6]

13\. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a),
the license of Radio and Investments, Inc., for Station KDDK(FM),
Channel 288A, Franklin, Louisiana, IS MODIFIED to specify operation on
Channel 288A at Addis, Louisiana, subject to the following conditions:

\(a\) Within 90 days of the effective date of this *Order*, the licensee
shall submit to the Commission a minor change application for a
construction permit (Form 301), specifying the new facility;

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with 47 C.F.R. Section 73.1620; and

\(c\) Nothing contained herein shall be construed to authorize a change
in transmitter location or to avoid the necessity of filing an
environmental assessment pursuant to 47 C.F.R. Section 1.1307 , unless
the proposed facilities are categorically excluded from environmental
processing.

14\. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Radio and
Investments, Inc., licensee of Station KDDK(FM), is required to submit a
rule making fee in addition to the fee required for the applications to
effectuate the changes specified above.

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 counsel of record:

#  Lee J. Peltzman, Esq.

#  Shainis & Peltzman, Chartered

1850 M Street, N.W.

Suite 240

Washington, D.C. 20036

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

17\. For further information concerning this proceeding, contact Deborah
Dupont, Media Bureau, (202) 418-7072.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

> Audio Division

Media Bureau

[^1]: *Franklin, Addis, and Eunice, Louisiana*, MB Docket No. 05-291, DA
    05-2717 (released October 17, 2005) ("*Notice*").

[^2]: 90 FCC 2d 88 (1982), *recon. denied*, 56 RR 2d 448 (1983). The FM
    allotment priorities are: (1) first full‑time aural service; (2)
    second full‑time aural service; (3) first local service; and (4)
    other public interest matters. Co‑equal weight is given to
    priorities (2) and (3).

[^3]: Franklin will continue to be served by Station KFRA(AM).

[^4]: *Faye and Richard Tuck,* 3 FCC Rcd 5374 (1998) *("Tuck").*

[^5]: Tri-Parish Broadcasting Incorporated ("Tri-Parish"), licensee of
    Station KEUN-FM, Channel 288A, Eunice, Louisiana, has consented to
    the proposed change, and R&I has agreed to reimburse Tri-Parish for
    its reasonable expenses in making changes to its facilities. The
    proposed new coordinates are: 30-23-25 NL and 92-29-00 WL, at a site
    12.9 km (8 miles) southwest of Eunice.

[^6]: Channel 295C3 at Franklin, Louisiana, is a vacant allotment.