**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MM Docket No. 01-293         |
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| Amendment of Section 73.202(b),  | ** | RM-10302                     |
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| Table of Allotments,             | *  | RM-10547                     |
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| FM Broadcast Stations.           | ** |                              |
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| (Crowell, Bonham, Bridgeport,    | *  |                              |
| Palestine, Ranger, Stephenville, | *) |                              |
| Wellington, Texas; Apache,       | ** |                              |
| Ardmore, Bennington, Cache, Elk  |    |                              |
| City, Lawton, Oklahoma).[^1]     | *  |                              |
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+----------------------------------+----+------------------------------+

**REPORT AND ORDER**

**Adopted: March 24, 2004 Released: March 26, 2004**

By the Assistant Chief, Audio Division:

1.  The Audio Division has before it: (1) a *Notice of Proposed Rule
    Making*[^2] issued at the request of Jeraldine Anderson
    ("Petitioner"); (2) supporting comments filed by the Petitioner; (3)
    a counterproposal filed by North Texas Radio Group, L.P. ("North
    Texas") and A.M. & P.M. Communications, L.L.C. ("AM & PM");[^3] (4)
    a withdrawal of expression of interest filed by the Petitioner;
    and (5) reply comments filed by North Texas and AM & PM.

    **BACKGROUND/COMMENT SUMMARY**

2.  At the request of the Petitioner, the *NPRM* proposed the allotment
    of Channel 250C3 to Crowell, Texas, (pop. 2,600).[^4] In response to
    the *NPRM*, the Petitioner filed brief supporting comments,
    reiterating her continuing interest to file an application to
    construct an FM station on Channel 250C3 in Crowell.

3.  North Texas, the licensee of Stations KBOC(FM), Bridgeport, TX,
    KFYZ(FM), Bonham, TX, and KYYK(FM), Palestine, TX, and AM & PM,
    licensee of Station KAOC(FM), Ardmore, Oklahoma, jointly filed a
    timely counterproposal.[^5] The counterproposal seeks the upgrade of
    Station KBOC(FM), Bridgeport, from Channel 252A to Channel 252C0 and
    reallotments and changes of communities of license for the Bonham,
    Palestine, and Ardmore stations. The counterproposal is mutually
    exclusive with the *NPRM's* proposal because one of the required
    channel changes, the downgrade and reallotment of Station KJMZ(FM)
    from Channel 251C1 at Lawton, Oklahoma, to Channel 250A at Cache,
    OK, is short-spaced to Channel 250C3 at Crowell.[^6]

4.  On the deadline for filing reply comments, the Petitioner submitted
    a request to withdraw her expression of interest in the allotment of
    Channel 250C3 at Crowell pursuant to Section 1.420(j) of the
    Commission's Rules, stating that she has entered into a settlement
    agreement with North Texas. Under the terms of the agreement, the
    Petitioner agrees to withdraw in return for the reimbursement of her
    legitimate and prudent expenses incurred in preparing and
    prosecuting her rulemaking petition. She states that she has decided
    not to pursue her interest in operating a station to serve Crowell.
    In reply comments, North Texas and AM & PM urge adoption of their
    counterproposal because it is unopposed.

5.  After the pleading cycle ended, the Commission staff requested and
    the Petitioner submitted additional information regarding the
    settlement. Specifically, the Petitioner supplied an itemization of
    her legitimate and prudent expenses and documentation supporting the
    itemization.

    **DISCUSSION**

6.  As a threshold matter, we will approve the withdrawal of the
    Petitioner's expression of interest in Channel 250C3 at Crowell. The
    settlement agreement complies with Section 1.420(j) because the
    Petitioner is withdrawing her interest in return for reimbursement
    of her itemized and documented out of pocket expenses incurred in
    pursuing her proposal. Further, the Petitioner and a principal of
    North Texas and AM & PM have certified that this is the only
    consideration for the withdrawal. Since no other interest has been
    expressed in the allotment of Channel 250C3 at Crowell, we will not
    make an allotment at that community.

7.  With the elimination of the Crowell proposal, we will grant North
    Texas and AM & PM's counterproposal consistent with the public
    interest because it will provide first local services to four
    communities with a combined population of 6,680 and will result in a
    net gain of service to over 1,600,000 people within 12,003 square
    kilometers. The counterproposal involves seven inter-related channel
    changes, which we will discuss below.

8.  To begin with, we will upgrade North Texas' Station KBOC(FM),
    Bridgeport, Texas, from Channel 252A to Channel 252C0 at a new
    site.[^7] This upgrade will provide a gain of service to 1,875,234
    persons in an area of 20,050 square kilometers, with no loss area.
    This upgrade in turn directly requires five related channel changes
    at other communities, which we will make. The first of these is the
    reallotment, downgrade, and change of community of license for
    Station KJMZ(FM) from Channel 251C1 at Lawton, Oklahoma, to Channel
    250A at Cache, Oklahoma. This reallotment and change of community of
    license complies with Section 1.420(i) of the Commission's Rules
    because the two channels are mutually exclusive with each other and
    because it will result in a preferential arrangement of allotments
    under the FM allotment priorities.[^8] Specifically, the reallotment
    and downgrade will result in a first local service to Cache, [^9]
    triggering Priority 3. By way of comparison, retention of Channel
    251C1 at Lawton would be a tenth local service, triggering Priority
    4.

9.  While a staff engineering analysis reveals that there will be a loss
    of service to 149,502 persons within an area of 13,861 square
    kilometers, the loss area is well served with five or more services.
    Further, the licensee of Station KJMZ(FM) has submitted a statement,
    consenting to the reallotment and downgrade and declaring that it
    will file an application for a new transmitter site for Cache. North
    Texas also states that it will reimburse the licensee of Station
    KJMZ(FM) for the reasonable costs of making the requested
    modifications to its facilities.

10. Second, the upgrade at Bridgeport necessitates the reallotment,
    change of community of license, and relocation of transmitter site
    for Station KCUB(FM) from Channel 252A at Stephenville, TX, to
    Channel 253A at Ranger, TX. This proposal complies with Section
    1.420(i) because the channels are mutually exclusive and because it
    creates a preferential arrangement of allotments. The reallotment
    will create a first local service to Ranger (pop. 2,584), triggering
    Priority 3,[^10] while retention of the station at Stephenville
    would be a second local service under Priority 4. The reallotment
    and transmitter site relocation will create a loss of service to
    27,740 persons within an area of 2,514 square kilometers. However,
    the loss area is well served with five or more aural services, and
    the loss is offset in part by a gain of service to 15,570 persons
    within an area of 2,514 square kilometers. The licensee of Station
    KCUB(FM) has provided a statement consenting to the changes and
    stating that it will apply to operate at a new transmitter site.
    Also, North Texas and AM & PM state that they will reimburse the
    licensee for the reasonable cots of making the requested
    modifications to its facilities.

11. The third required channel change is the downgrade of North Texas'
    Station KYYK(FM), Palestine, Texas, from Channel 252C2 to Channel
    252C3.[^11] North Texas proposes to change the transmitter site of
    Station KYYK(FM) in conjunction with the downgrade. According to a
    staff engineering analysis, there will be a loss of service to
    123,959 persons within an area of 4,632 square kilometers, and a
    gain of service to 4,381 persons within 864 square kilometers.
    However, this loss of service is outweighed by the overall public
    interest benefits of the counterproposal, including first local
    services at four communities, and a net gain in service to over
    1,600,000 persons.

12. Fourth, the Bridgeport upgrade requires the downgrade, reallotment,
    and change of community of license for North Texas' Station KFYZ(FM)
    from Channel 252C3 at Bonham, Texas, to Channel 251A at Bennington,
    Oklahoma. Bennington (pop. 289) is a community for allotment
    purposes because it is listed in the U.S. Census and possesses
    indicia of community status including a local government, police
    department, fire department, public schools, churches, and
    businesses. The downgrade and reallotment complies with Section
    1.420(i) of the Commission's Rules because Channels 252C3 at Bonham
    and Channel 251A at Bennington are mutually exclusive and because
    the reallotment will result in a preferential arrangement of
    allotments.[^12] Specifically, the reallotment will result in a
    first local service at Bennington, triggering Priority 3. By way of
    comparison, retention of Station KFYZ(FM) at Bonham would be a
    second local service under Priority 4 because of the presence of a
    local AM station.

13. While there will be a loss of service to 62,295 persons within an
    area of 4,049 square kilometers, the loss area is well served with
    more than five aural services, and there will be a gain of service
    to 10,561 persons within an area of 2,494 square kilometers. A staff
    engineering analysis reveals that the gain area includes some
    underserved areas. Specifically, 174 people within 69.7 square
    kilometers will receive a third aural service; 1,875 people within
    an area of 396.9 kilometers will receive a fourth service; and 729
    people within an area of 295.5 square kilometers will receive a
    fifth aural service.

14. The fifth required channel change is the reallotment, change of
    community of license, and transmitter site relocation for AM & PM's
    Station KACO(FM) from Channel 253C3 at Ardmore, Oklahoma, to Channel
    253C3 at Apache, Oklahoma. Apache (pop. 1,616) is a community for
    allotment purposes because it is incorporated, listed in the U.S.
    Census, and has indicia of community status such as a local
    government, police and fire departments, a community center, a large
    number of businesses, a public library, churches, and schools. The
    reallotment and change of community of license complies with Section
    1.420(i) because Channels 253C3 at Ardmore and Apache are mutually
    exclusive and the proposal results in a preferential arrangement of
    allotments. The reallotment to Apache will provide a first local
    service under Priority 3 while retention of the station at Ardmore
    would be a fifth local service, triggering lesser Priority 4. While
    there will be a loss of service to 56,848 persons within an area of
    3,879 square kilometers, this loss is offset by a gain of service to
    179,646 persons within 4,803 square kilometers. Moreover, the loss
    area is well served with more than five aural services.[^13]

15. Finally, two other channel changes are required to reallot Channel
    253C3 at Apache, as well as to reallot Channel 250A to Cache,
    Oklahoma. First, it is necessary to downgrade and change the
    transmitter site for Station KTIJ(FM), Elk City, Oklahoma, from
    Channel 253C to Channel 295C1.[^14] While there will be loss of
    service to 25,414 persons within an area of 5,532 square kilometers
    and a gain of service to 8,220 persons, the net loss in service to
    7,294 persons is offset by the overall public interest benefits of
    the counterproposal, including first local services at four
    communities and an overall net gain in service to more than
    1,600,000 persons. The licensee of Station KTIJ(FM) has provided a
    statement, consenting to the downgrade and site change and stating
    that it will apply for the modified allotment. Also, North Texas and
    AM & PM state that they will reimburse the licensee for the
    reasonable costs of making the requested modifications to its
    facilities.

16. Second, the downgrade on Channel 253C3 at Elk City requires the
    substitution of Channel 253C3 for vacant Channel 298C3 at
    Wellington, Texas.[^15] Channel 298C3 can be allotted to Wellington
    at its current reference coordinates.[^16]

    **ORDERING CLAUSES**

17. Accordingly, pursuant to the authority found 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(b) of the
    Commission's Rules, IT IS ORDERED, That effective May 10, 2004, the
    FM Table of Allotments, Section 73.202(b) of the Commission's Rules,
    IS AMENDED for the communities listed below as follows:

    [Communities]{.underline} [Channel Number]{.underline}

    Ardmore, Oklahoma 239C1

    Bennington, Oklahoma 251A

    Cache, Oklahoma 250A

    Elk City, Oklahoma 232C3, 243C1 ,295C1

    Lawton, Oklahoma 231C, 237C3, 258C3,

    267C1, 297C2

    Apache, Oklahoma 253C3

    Bonham, Texas \-\--

    Bridgeport, Texas 252C0

    Palestine, Texas 252C3

    Ranger, Texas 253A

    Stephenville, Texas \-\--

    Wellington, Texas 248A, 253C3

18. IT IS FURTHER ORDERED, That pursuant to Section 316 of the
    Communications Act of 1934, as amended, the licenses for the
    stations listed below ARE MODIFIED to specify operation on channels
    and/or communities listed below, subject to the following
    conditions:

    [Station]{.underline} [Community]{.underline} [Channel]{.underline}

    KFYZ(FM) Bennington, OK 251A

    KJMZ(FM) Cache, OK 250A

    KTIJ(FM) Elk City, OK 295C1

    KACO(FM) Apache, OK 253C3

    KBOC(FM) Bridgeport, TX 252C0

    KYYK(FM) Palestine, TX 252C3

    KCUB(FM) Ranger, TX 253A

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(a) Within 90 days of the effective date of this *Order*, the licensees
    shall submit to the Commission minor change applications for
    construction permits (Form 301).

(b) Upon grant of the construction permits, program tests may be
    conducted in accordance with Section 73.1620 of the Commission's
    rules.

(c) Northing contained herein shall be construed to authorize a change
    in transmitter location or to avoid the necessity of filing an
    environmental assessment pursuant to Section 1.1307 of the
    Commission's Rules.

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19. Pursuant to Commission Rule Section 1.1104(1(k) and (2)(k), any
    party seeking a change of 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 of Stations
    KBOC(FM), Bridgeport, TX, KFYZ(FM), Bennington, OK, KACO(FM),
    Ardmore, OK, KCUB(FM), Ranger, TX, and KJMZ(FM), Cache, OK, are
    required to submit rulemaking fees in addition to the fees required
    for the applications to effect the change in community of license
    and upgrade.

20. IT IS FURTHER ORDERED, That the request for withdrawal of expression
    of interest filed by Jeraldine Anderson IS GRANTED and the
    rulemaking petition (RM-10302) filed by Jeraldine Anderson IS
    DISMISSED.

21. IT IS FURTHER ORDERED, That the counterproposal (RM-10547) filed
    jointly by North Texas Radio Group and A.M. & P.M. Communications IS
    GRANTED.

22. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

23. For further information concerning this proceeding, contact
    Andrew J. Rhodes, Audio Division, Media Bureau (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief, Audio Division

    Media Bureau

[^1]: The communities of Bonham, Bridgeport, Palestine, Ranger,
    Stephenville, Wellington, Texas, and Apache, Ardmore, Bennington,
    Cache, Elk City, and Lawton, Oklahoma, have been added to the
    caption.

[^2]: *Crowell, TX,* 16 FCC Rcd 18078 (MMB 2001) (*"NPRM"*).

[^3]: The counterproposal was placed on *Public Notice* on August 16,
    2002, Report No. 2570.

[^4]: The *NPRM* proposed the allotment of Channel 260C3 to Crowell as a
    second local service because an earlier filed proposal was pending
    in MM Docket No. 01-210 to allot Channel 293C3 to Crowell. However,
    a request to withdraw the Channel 293C3 allotment proposal at
    Crowell was subsequently approved, thereby making the Petitioner's
    proposed allotment at Crowell a potential first local service.

[^5]: North Texas and AM & PM are under common ownership.

[^6]: *See* 47 C.F.R. § 73.207. The required spacing between Channel
    250C3 at Crowell, TX, and Channel 250A at Cache, OK, is 142
    kilometers whereas the actual spacing between these proposals is
    131.9 kilometers.

[^7]: The reference coordinates for Channel 250C0 at Bridgeport, Texas,
    are 33-26-13 and 97-29-05.

[^8]: 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. \[Co-equal weight is given to
    priorities (2) and (3).\] *See Revision of FM Assignment Policies
    and Procedures,* 90 FCC 2d 88 (1982).

[^9]: Cache (pop. 2,371) is a community for allotment purposes because
    it is incorporated, listed in the U.S. Census, and has numerous
    indicia of community status such as a local government, police
    department, water department, businesses, schools, and churches. The
    reference coordinates for Channel 250A at Cache, OK, are 34-37-39
    and 98-33-38.

[^10]: Ranger is a community for allotment purposes because it is
    incorporated and listed in the U.S. Census. It also has other
    indicia of community status such as a local government, fire
    department, police department, street and parks department, school
    district, newspaper, and businesses. The reference coordinates for
    Channel 253A at Ranger are 32-22-55 and 98-45-55.

[^11]: The reference coordinates for Channel 252C3 at Palestine, Texas,
    are 31-46-17 and 95-37-54.

[^12]: The reference coordinates for Channel 251A at Bennington,
    Oklahoma, are 34-04-00 and 95-59-52.

[^13]: The reference coordinates for Channel 253C3 at Apache, Oklahoma,
    are 34-53-34 and 98-14-01.

[^14]: The reference coordinates for Channel 295C1 at Elk City,
    Oklahoma, are 35-15-36 and 99-33-08.

[^15]: This channel was included in the inventory for vacant
    non-reserved band FM allotments in Broadcast Auction No. 37 that has
    been postponed. *See Public Notice,* DA 01-2148, released September
    14, 2001, 66 FR 48467 (September 20, 2001).

[^16]: The reference coordinates for Channel 253C3 at Wellington, Texas,
    are 34-49-13 and 100-14-29.