**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-63

Table of Allotments, ) RM-9837

FM Broadcast Stations. )

(Greenville and Cooper, Texas) )

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: March 29, 2000 Released: April 7, 2000**

**Comment Date: May 30, 2000**

**Reply Date: June 14, 2000**

By the Chief, Allocations Branch

1\. The Commission has before it for consideration a Petition for Rule
Making filed on behalf of First Greenville Corp. and KRBE LICO, Inc.
("KRBE"), licensee of Station KIKT(FM), Greenville, Texas, requesting
the reallotment of Channel 228C3 from Greenville, Texas, to Cooper,
Texas, and modification of its license for Station KIKT(FM) to specify
Cooper as its community of license.[^1] KRBE indicated that it would
file an application for Channel 228C3 at Cooper if the channel is
allotted to the community.

2\. KRBE filed its request pursuant to 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 an opportunity to file competing expressions of
interest. [See]{.underline} [Modification of FM and TV Authorizations to
Specify a New Community of License (\"Change of Community
R&O\")]{.underline}, 4 FCC Rcd 4870 (1989), [recon. granted in
part]{.underline} [(\"Change of Community MO&O\")]{.underline}, 5 FCC
Rcd 7094 (1990). In support of its proposal, KRBE contends that adoption
of its proposal will result in a preferential arrangement of allotments
by providing Cooper with its first local service while not depriving
Greenville of its own local service as Station KGVL(AM) is licensed to
Greenville. KRBE provided a technical analysis proposing a new
transmitter site showing that the entire community of Cooper is well
within the proposed 70 dBu contour of Station KIKT(FM). Since a change
in transmitter site is proposed, KRBE indicates that 71,358 people are
in the loss area and the gain area will consist of 57,306 people
resulting in a net loss of 14,052 people. KRBE contends that the loss
area should not be a factor here because the proposal will provide a
first local service to Cooper. In addition, if the Commission evaulates
the existing coverage area of Station KIKT using its current facilities
of 9.1 kw ERP and 100 meters HAAT, there is an actual gain in population
to be served of 11,715 persons. KRBE points out that the loss area is
served by at least five aural services. According to KRBE, Cooper is an
incorporated community with a 1990 Census population of 2,153 people.
Further, Cooper has its own local government, including a mayor, police
department, fire station, post office and zip code (75432), housing
authority, water treatment plant, independent school district, which
includes a high school. Cooper has its own churches, a variety of
businesses and health facilities and is the County Seat for Delta county
government offices. KRBE contends that reallotting Channel 228C3 to
Cooper will serve the public interest by providing a first local service
to the community of Cooper while not depriving the community of
Greenville of local service.

3\. We believe that KRBE\'s proposal warrants consideration since the
allotment of Channel 228C3 at Cooper could provide the community of
Cooper with its first local FM service while not depriving Greenville of
its sole local aural service. A staff engineering analysis indicates,
using KRBE's proposed site, 56,885 people will gain a new service and
that reallotting the channel to Cooper will result in service to 78,372
people in a 4,803 square kilometer area. The analysis also shows that as
a result of Station WIKT changing from its current licensed site at
Greevnille, Texas, to another site for Cooper, Texas, there will be a
loss in coverage to 70,516 people and that the loss area is served by
five or more services. Our analysis further shows that the change of
community from Greenville to Cooper will not impact on any urbanized
areas. In accordance with Section 1.420(i) of the Commission\'s Rules,
we shall not accept competing expressions of interest in the use of
Channel 228C3 at Cooper.

4\. Channel 228C3 can be allotted to Cooper, Texas, in compliance with
the Commission\'s minimum distance separation requirements at KRBE\'s
specified site.[^2]

5\. In view of the fact that the proposed allotment could provide a
first local FM service to Cooper without depriving Greenville of its
sole local service, we believe it would serve the public interest to
solicit comments on the proposal to allot Channel 228C3 to Cooper,
Texas. Therefore, we will seek comments on the proposed amendment to the
FM Table of Allotments, Section 73.202(b) of the Commission\'s Rules,
with respect to Greenville and Cooper, Texas.

Channel No.

Community Present Proposed

Cooper, Texas \-\-\-\-\-\-\-- 228C3

Greenville, Texas 228C3 \-\-\-\-\-\-\-\--

6\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are

incorporated by reference herein. In particular, we note that a showing
of continuing interest is required by paragraph 2 of the Appendix before
a channel will be allotted.

7\. Interested parties may file comments on or before May 30, 2000, and
reply comments on or before June 14, 2000, and are advised to read the
Appendix for the proper procedures. Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D. C., 20554.
Additionally, a copy of such comments should be served on the
petitioner\'s counsel, as follows:

Mark N. Lipp

600 14^th^ Street, N. W., Suite 800

Washington, D. C. 20005

8\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. [See Certification that Sections 603 and 604 of
the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend
Sections 73.202(b), 73.504 and 73.606(b) of the Commission\'s
Rules]{.underline}, 46 FR 11549, February 9, 1981.

9\. For further information concerning this proceeding contact Kathleen
Scheuerle, Mass Media Bureau, (202) 418-2180. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex parte]{.underline} presentations are
permitted from the time the Commission adopts a Notice of Proposed Rule
Making until the proceeding has been decided and such decision is no
longer subject to reconsideration by the commission or review by any
court. An [ex parte]{.underline} presentation is not prohibited if
specifically requested by the Commission or staff for the clarification
or adduction of evidence or resolution of issues in the proceeding.
However, any new written information elicited from such a request or a
summary of any new oral information shall be served by the person making
the presentation upon other parties to the proceeding unless the
Commission specifically waives this service requirement. Any comment

which has not been served on the petitioner constitutes an [ex
parte]{.underline} presentation and shall not be considered in the
proceeding. Any reply comment which has not been served on the person(s)
who filed the comment, to which the reply is directed, constitutes an
[ex parte]{.underline} presentation and shall not be considered in this
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

**APPENDIX**

1.Pursuant to 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 of the Commission\'s Rules, **IT IS PROPOSED
TO AMEND** the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules and Regulations, as set forth in the [Notice of
Proposed Rule Making]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
will be expected to answer whatever questions are presented in initial
comments. The proponent of a proposed allotment is also expected to file
comments even if it only resubmits or incorporates by reference its
former pleadings. It should also restate its present intention to apply
for the channel if it is allotted and, if authorized, to build a station
promptly. Failure to file may lead to denial of the request.

3\. [Cut-off Procedures]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered if advanced in

initial comments, so that parties may comment on them in reply comments.
They will not be considered if advanced in reply comments.
([See]{.underline} Section 1.420(d) of the Commission\'s Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposal(s) in this

[Notice]{.underline}, they will be considered as comments in the
proceeding, and Public Notice to this

effect will be given as long as they are filed before the date for
filing initial comments

herein. If they are filed later than that, they will not be considered
in connection with the

decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel

than was requested for any of the communities involved.

4\. [Comments and Reply Comments; Service.]{.underline} Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties, must be made in written comments,
reply comments, or other appropriate pleadings. Comments shall be served
on the petitioner by the person filing the comments. Reply comments
shall be served on the person(s) who filed comments to which the reply
is directed. Such comments and reply comments shall be accompanied by a
certificate of service. ([See]{.underline} Section 1.420(a), (b) and (c)
of the Commission\'s Rules.) Comments should be filed with the
Secretary, Federal Communications Commission, Washington, D, C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the Commission\'s Rules and Regulations, an original
and four copies of all comments, reply comments, pleadings, briefs, or
other documents shall be furnished the Commission.

6\. [Public Inspection of Filings.]{.underline} All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Public Reference Room
at its headquarters, 445 Twelfth Street, SW, Washington, D. C 20554.

[^1]: KRBE LICO, Inc. became the licensee of Station KIKT pursuant to
    Commission approval of its assignment application on September 2,
    1999, after the filing of this Petition for Rule Making
    (BALH-990707GE).

[^2]:     

    ^?^ The coordinates for Channel 228C3 at Cooper are 33-21-55 and
    95-41-55.