**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 99-140         |
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| Amendment of Section 73.202(b),  | ) | MM Docket No. 99-146         |
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| FM Table of Allotments,          | * | RM-9490                      |
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| FM Broadcast Stations.           | * | RM-9723                      |
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| (North Tunica and Friars Point,  | ) | RM-9724                      |
| Mississippi, Kennett, Missouri,  | * |                              |
| Munford, Tennessee, and          | * | RM-9725                      |
| Marianna, Arkansas)              |   |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: May 10, 2000 Released: May 19, 2000**

Before the Chief, Allocations Branch:

1.  The Allocations Branch has before it the *Notice of Proposed Rule
    Making* in MM Docket No. 99-140("*NPRM* in MM Docket No.
    99-140"),[^1] issued at the request of Legend Broadcasting, Inc.
    ("Legend"), licensee of Station KTMO (FM), Kennett, Missouri,
    proposing the reallotment of Channel 255C from Kennett to Keiser,
    Arkansas, and the modification of the license for Station KTMO (FM)
    accordingly. It also has the *Notice of Proposed Rule Making* in MM
    Docket No. 99-146 ("*NPRM* in MM Docket No. 99-146"),[^2] issued at
    the request of Fred Flinn, proposing the allotment of Channel 254A
    at North Tunica, Mississippi.

2.  In MM Docket No. 99-140, Legend filed comments and a counterproposal
    proposing the reallotment of Channel 255C from Kennett, Missouri to
    Munford, Tennessee, the modification of Station KTMO(FM)'s license
    to reflect the change, as well as the allotment of Channel 254A to
    the community of Friars Point, Mississippi. Because this
    counterproposal is also mutually exclusive with the proposal for
    North Tunica, Mississippi in MM Docket 99-146, these dockets have
    been combined.

3.  In MM Docket No. 99-146, Ken Reynolds d/b/a Bear Creek Radio ("BCR")
    filed a counterproposal requesting the allotment of Channel 254A at
    Marianna, Arkansas, Legend and Delta Radio, Inc. ("Delta"), filed
    counterproposals requesting the allotment of Channel 254A at Friars
    Point, Mississippi, and Olvie E. Sisk filed comments in support of
    the proposal at North Tunica.

4.  On December 27, 1999, the petitioner in MM Docket 99-146, Fred
    Flinn, withdrew his interest in the allotment at North Tunica. On
    March 13, 2000, Legend filed two settlement agreements with the
    Commission. The first agreement, between Legend and Olvie Sisk,
    requests approval of Olvie Sisk's withdrawal in this proceeding. It
    states that Mr. Sisk has withdrawn his expression of interest in the
    proposal for Channel 254A at North Tunica, and that Legend has
    agreed to pay Mr. Sisk his reasonable and prudent expenses relating
    to the preparation, filing and prosecution of those comments. The
    second settlement agreement requests approval of BCR's withdrawal in
    this proceeding. This request states that BCR has withdrawn its
    expression of interest in Channel 254A at Marianna, Arkansas, and
    that Legend has agreed to pay BCR its reasonable and prudent
    expenses relating to the preparation, filing and prosecution of its
    counterproposal. Pursuant to Section 1.420(j), of the rules, all
    parties to these agreements certify that each will not receive or
    pay any amount in excess of the reasonable and prudent expenses in
    this matter. We will grant these withdrawals as well as Fred Flinn's
    earlier withdrawal.

5.  Accordingly we will consider the remaining matters before us, which
    are the proposal and counterproposal filed by Legend in MM Docket
    99-140, and the proposals for Friars Point, Mississippi requested by
    both Legend and Delta.

6.  As stated in the *NPRM* in MM Docket No. 99-140, Keiser, Arkansas,
    fulfills several indicia of a community for allotment purposes,
    having a Mayor, city council, elementary school and library as well
    as water and sanitation services. However, according to Legend,
    Munford, Tennessee, the community it proposes in its
    counterproposal, is a preferable community for allotment purposes,
    because, with a 1990 US Census population of 2,326, it has a larger
    population than Keiser, which has a 1990 Census population of 805
    people. Munford also has indicia of a community which would
    establish it as a community for allotment purposes. It has a
    mayor/alderman form of government, the city provides water, sewer
    and natural gas service and has police and fire departments. The
    community also has an elementary, middle and high school, and has
    numerous businesses, churches and its own post office. Neither
    community has a local aural transmission service.

7.  In MM Docket No. 99-146, both Legend and Delta state that Friars
    Point, Mississippi is a community for allotment purposes. Friars
    Point is an incorporated community and census designated place with
    a 1990 census population of approximately 1,300 persons. It has a
    mayor, five aldermen, a post office and zip code, as well as fire
    and police departments. It also has a school, churches and
    businesses. No party disputes its community status. An allotment at
    the community will provide it with its first local aural service.

8.  We believe that the reallotment of Channel 255C from Kennett,
    Missouri to Munford, Tennessee and the allotment of Channel 254A at
    Friars Point, Mississippi, will serve the public interest. As stated
    above, both Munford and Friars Point are communities for allotment
    purposes. Each community will receive its first local aural service,
    and the community of Kennett will retain four local aural services.
    In addition, a Commission engineering analysis indicates that the
    reallotment from Kennett to Munford will result in a net gain of
    195,650 persons served by Station KTMO(FM). Furthermore, Kennett
    will continue to receive local aural service from four other radio
    stations,[^3] and there are no underserved areas in the loss area.
    Finally, no urbanized areas are involved in either proposal.

9.  Channel 255C can be allotted to Munford, Tennessee, consistent with
    the minimum distance separation requirements of Section 73.207(b)
    and the principal community coverage requirements of Section
    73.315(a) of the Commission's Rules at petitioner's requested site
    41.2 kilometers (25.6 miles) northeast of the community.[^4]
    Additionally, consistent with the minimum distance separation
    requirements of Section 73.207(b), Channel 254A can be allotted to
    Friars Point, Mississippi, at a site 4.2 kilometers (2.6 miles)
    north of the community.[^5]

10. 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 July 3, 2000, the
    FM Table of Allotments, Section 73.202(b) of the Commission\'s
    Rules, IS AMENDED with respect to the communities listed below, as
    follows:

> [City]{.underline} [Channel No.]{.underline}
>
> Munford, TN 255C
>
> Friar's Point, MS 254A
>
> Kennett, MO 282A

11. IT IS ORDERED, That pursuant to Section 316(a) of the Communications
    Act of 1934, as amended, the authorization of Station KTMO (FM), IS
    MODIFIED to specify operation on Channel 255C at Munford, Tennessee,
    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 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 Section 1.1307 of the Commission\'s
Rules.

12. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), 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 rule making fee when filing
    its application to implement the change in community of license
    and/or upgrade. As a result of this proceeding, Legend Broadcasting,
    Inc., licensee of Station KTMO, Channel 255C, Kennett, Missouri, is
    required to submit a rule making fee in addition to the fee required
    for the application to effectuate the change of community from
    Kennett, Missouri to Munford, Tennessee.

13. A filing window for Channel 254A at Friars Point, Mississippi, will
    not be opened at this time. Instead, the issue of opening a filing
    window for that channel will be addressed by the Commission in a
    subsequent *Order*.

14. IT IS FURTHER ORDERED That the petition for rule making filed by
    Fred Flinn requesting the allotment of Channel 254A at North Tunica,
    Mississippi, the counterproposal filed by Ken Reynolds d/b/a Bear
    Creek Radio, requesting the allotment of Channel 254A at Marianna,
    Arkansas, and the comments filed by Olvie Sisk in support of the
    allotment of Channel 254A at North Tunica, ARE DISMISSED at the
    parties' request.

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

16. For further information concerning the above, contact Victoria
    McCauley, Mass Media Bureau, (202) 418-2180. Questions related to
    the application filing process should be addressed to the Audio
    Services Division, Mass Media Bureau, (202) 418-2700.

> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]: *See NPRM* in MM Docket No. 99-140, 14 FCC Rcd 6949 (1999)

[^2]: *See NPRM* in MM Docket No. 99-146, 14 FCC Rcd 7184 (1999).

[^3]: Stations KAUF(FM), KXOQ(FM), KOTC(AM), and KBOA(AM), are licensed
    to Kennett.

[^4]: The coordinates for Channel 255C at Munford, Tennessee, are
    35-46-53 and 89-36-46.

[^5]: The coordinates for Channel 254A at Friars Point, Mississippi, are
    34-24-09 and 90-38-51.