**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 98-155

Table of Allotments, ) RM-9082

FM Broadcast Stations. ) RM-9133

(Alva, Mooreland, Tishomingo, Tuttle, and )

Woodward, Oklahoma) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: December 13, 2000 Released: December 22, 2000**

By the Chief, Allocations Branch:

1\. At the request of FM 92 Broadcasters, Inc., licensee of Station
KMZE, Channel 221C3, Woodward, Oklahoma (\"FM 92\"), and Ralph Tyler
(\"Tyler\"), the Commission has before it the [Notice of Proposed Rule
Making and Orders to Show Cause]{.underline}, 13 FCC Rcd 25352 (1998),
proposing the allotment of FM channels at Mooreland and Tuttle,
Oklahoma, as each community\'s first local aural service, as well as
accommodating changes at Alva, Tishomingo and Woodward, Oklahoma.
Comments were filed by FM 92, Tyler and Classic Communications
(\"Classic\"), licensee of Station KWFX, Woodward, Oklahoma. Reply
comments were filed by Chisholm Trail Broadcasting Company, Inc.
(\"Chisholm Trail\"), licensee of Station KNID (formerly KXLS), Channel
259C1, Alva, Oklahoma, and Tyler.[^1]

2\. At the request of FM 92, the [Notice]{.underline} proposed the
allotment of Channel 283C1 to Mooreland and the substitution of Channel
228A for Channel 261C1 at Woodward, Oklahoma, and the modification of
Station KWFX\'s license to specify operation on the Class A channel.[^2]
At the request of Tyler, licensee of Station KTSH, Tishomingo, Oklahoma,
the [Notice]{.underline} also proposed the reallotment of Channel 259C3
from Tishomingo to Tuttle, Oklahoma, as the community\'s first local
aural service, and the modification of Station KTSH\'s license
accordingly, pursuant to the provisions of Section 1.420(i) of the
Commission\'s Rules.[^3] However, because Station KTSH was the only
operating aural station at Tishomingo, Tyler was requested to provide
further information demonstrating why the public interest would be
served by removing the community\'s sole local aural service in order to
provide the same service to Tuttle. To accommodate the Tuttle allotment,
the [Notice]{.underline} also proposed the substitution of Channel 292C1
for Channel 261C1 at Woodward, the modification of Station KWFX\'s
license to specify operation on the alternate Class C1 channel, the
substitution of Channel 260C1 for Channel 259C1 at Alva, Oklahoma, and
the modification of Station KNID\'s license to specify operation on the
higher powered channel.

3\. As stated in the [Notice]{.underline}, Station KWFX\'s license for
Channel 228A at Woodward was modified to specify operation on Channel
261C1 pursuant to the [Report and Order]{.underline} in MM Docket
90-286, and the station was granted a construction permit for that
channel on April 22, 1992. However, at the request of the then licensee,
Fuchs Communications (\"Fuchs\"), the construction permit was forfeited
and cancelled on September 2, 1994.[^4] Thus, at the time these
petitions were filed, Station KWFX was continuing to operate on Channel
228A, but prior to the issuance of the [Notice]{.underline}, Classic
filed an application for Channel 261C1. However, Classic\'s application
contains a request that it be allowed to continue operating with Class A
power of 6 kW, at its current location, pending the filing of another
application specifying a new antenna and transmitter site which would
allow an increase in power to 25 kW, stating that it would file such an
application \"as soon as a new location becomes available and as soon as
finances allow.\" Therefore, since Classic did not propose to operate
with minimum Class C1 facilities, we alternatively proposed the
substitution of either Channel 228A or Channel 292C1 at Woodward, and
the modification of Station KWFX\'s license to specify either the Class
A or C1 channel. Thus, the two allotment plans under consideration
herein are:

# Option I

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Alva, Oklahoma 259C1, 278C1, 289C2, 296C3[^5] 260C1, 278C1, 289C2, 296C3

Mooreland, Oklahoma \-- 283C1

Tishomingo, Oklahoma 259C3 \--

Tuttle, Oklahoma \-- 259C3

Woodward, Oklahoma 221C3, 240A, 261C1, 266C, 221C3, 240A, 266C, 272A,

272A 292C1

# Option II

Alva, Oklahoma 259C1, 278C1, 289C2, 296C3 260C1, 278C1, 289C2, 296C3

Mooreland, Oklahoma \-- 283C1

Tishomingo, Oklahoma 259C3 \--

Tuttle, Oklahoma \-- 259C3

Woodward, Oklahoma 221C3, 240A, 261C1, 266C, 221C3, 228A, 240A, 266C,

272A 272A

4\. Classic filed comments stating that circumstances have now changed
and it desires to operate Station KWFX, as a Class C1, on Channel 261.
However, it states that it has no objection to the substitution of
Channel 292C1 for Channel 261C1, and the modification of Station KWFX\'s
license accordingly, as long as Tyler and/or FM 92 reimburse it for the
reasonable and prudent expenses relating to the change in power and the
change of channel if Option I is adopted.

5\. FM 92 supports the adoption of Option II, that is, the allotment of
Channel 283C1 to Mooreland, and Channel 228A to Woodward and reiterates
its intention to apply for the Mooreland channel, if allotted. However,
it requests that a site restriction of 29 kilometers southwest
(coordinates 36-16-06 NL; 99-26-56) be imposed in lieu of the 9.3
kilometer (5.8 mile) south site restriction (coordinates 36-21-24 NL;
99-13-37 WL) proposed in the [Notice]{.underline}. FM 92 states that use
of the alternate transmitter site would enable the Mooreland station to
use an existing tower near Sharon, Oklahoma. In addition, it states that
Channel 228A could then be allotted to Woodward and Station KWFX could
operate with Class A, C3 or C2 facilities from its existing site or as a
Class C1 with a minor site restriction of 5.0 kilometers west northwest
of its present site. Further, FM 92 states that it had pledged in its
petition to reimburse the then licensee, Fuchs, for its reasonable and
prudent expenses in relocating from Channel 261C1 to Channel 228A.
However, since the station has never commenced operation on the upgraded
channel, it believes that there should be no or only minimal
reimbursable expenses. However, should Station KWFX\'s license be
modified to specify operation on Channel 292C1, it pledges to reimburse
Classic for its reasonable and prudent relocation expenses. FM 92 also
submits that Tyler should share in the reimbursement to Station KWFX
since it is also a benefitting party to the allotment of Channel 292C1
in lieu of Channel 261C1 at Woodward. In support, it cites [Cordele,
Dawson and Montezuma, Georgia]{.underline}, 8 FCC Rcd 7672 (1993). FM 92
states, however, that it should not be required to share in the
reimbursement to Chisholm Trail for the costs associated with the
substitution of Channel 260C1 for Channel 259C1 at Alva. The
substitution at Alva is required only to accommodate Tyler\'s request to
reallot Channel 259C3 from Tishomingo to Tuttle and thus will not
benefit FM 92 in any way.

6\. Tyler supports the adoption of either option since they both result
in the reallotment of Channel 259C3 to Tuttle and the concurrent
modification of Station KTSH\'s license. Tyler reiterates that the
Commission did not question Tuttle\'s status as a community for
allotment purposes nor require him to provide a [Tuck]{.underline}
showing demonstrating that Tuttle is a community independent of the
Oklahoma City Urbanized Area and thus deserving of a first local service
preference.[^6] Further, he states that the Commission\'s concern that
the reallotment of Channel 259C3 to Tuttle would result in the loss of
Tishomingo\'s sole local aural service is now moot. Tyler states that
after the filing of his petition for rule making, noncommercial
educational FM Station KAZC began operating on Channel 202A, pursuant to
program test authority.[^7] Tyler also reiterates his intention to
reimburse the licensee of Station KNID, Alva, as well as the licensee of
Station KWFX, if the Commission determines that the Woodward licensee is
entitled to such reimbursement, for the reasonable and prudent costs
associated with their respective channel changes. Therefore, Tyler
asserts that the reallotment of Channel 259C3 to Tuttle, a community of
2,807 people, will further the Commission\'s allotment priorities and
result in a preferential arrangement of allotments because Tuttle would
receive its first local aural service rather than Tishomingo having two
such services.[^8] In addition, he states the reallotment will enable
Station KTSH to provide service to an additional 731,219 people with the
entire loss area continuing to receive at least five fulltime aural
services.

7\. In response to the [Order to Show Cause]{.underline}, Chisholm Trail
states that Tyler\'s proposal to relocate Station KTSH from Tishomingo
to Tuttle should be denied as it would not result in a preferential
arrangement of allotments. It contends that the deletion of Channel
259C3 from Tishomingo, the seat of Johnston County, would result in the
loss of the community\'s, and the county\'s, sole local aural service.
It states that even if noncommercial educational Station KAZC commences
operation at Tishomingo, the Commission\'s Rules do not require such
noncommercial educational stations to provide any level of service to
their community of license.[^9] In fact, Chisholm Trail states that
Station KAZC, with its limited operating power and restricted
transmitter site, will not provide a city-grade (70 dBu) signal to any
portion of the community and its 60 dBu contour will encompass only 23%
of the population currently receiving service from Station KTSH.[^10] It
recognizes that there is not an absolute ban on the removal of a
community\'s sole local service but points out that the Commission found
the removal of a sole local service would presumptively disserve the
public interest and therefore would consider such an action only where
rare circumstances were present, such as the provision of a first
reception service to a significantly sized population. In this case,
Station KTSH could provide Tuttle, population 2,807 people, with its
first local aural service but would not provide anyone with a first or
second fulltime reception service. Chisholm Trail points out that
Tuttle, approximately 95 miles from Tishomingo, is located near Oklahoma
City and presently receives service from twenty-six radio stations,
twenty of which encompass the community within their 70 dBu contour.
Therefore, it argues that Tyler\'s proposed reallotment does not meet
the criteria set forth by the Commission which would warrant the removal
of Tishomingo\'s sole local aural service.

8\. Chisholm Trail submits that the removal of Station KTSH from
Tishomingo also would have a negative impact on the ability of the
residents to receive local news, weather and public affairs programming.
To this end, Chisholm Trail appends letters from the mayor of
Tishomingo, the President of the Johnston County Chamber of Commerce,
and the Pastors of several local churches, stating that Station KTSH
provides a needed service to the community and thus its retention as a
Tishomingo station. It also points out that this is not the first time
that Tyler has sought to move an existing station from a larger
community to a smaller one near Oklahoma City, to wit, the removal of
Station KKNG, Channel 227C1, from Ada to Newcastle, Oklahoma, which is
located approximately 15 miles from Tuttle.[^11]

9\. In reply comments, FM 92 reiterates its support for the allotment of
Channel 283C1 to Mooreland. It also argues that Station KWFX should be
modified to specify operation on Channel 228A rather than Channel 292C1.
FM 92 states that Classic has never taken the necessary steps to operate
as a Class C1 on Channel 261, although authorized to do so many years
ago.[^12] In fact, it points out that although Classic did finally
submit an application on August 11, 1997, to move from Channel 228A to
Channel 261, the application specified only Class A facilities. While
Classic stated therein its intention submit another application
specifying a new transmitter site and an increase in power to 25 kW as
soon as a new location is available and finances allow, no such
application has yet been filed. FM 92 again points out that Station KWFX
can operate on Channel 228 or Channel 261, at its present location, with
Class A, C3 or C2 facilities but must relocate its transmitter site to
operate with Class C1 facilities on either channel. Therefore, it
concludes that its failure to upgrade its facilities at all clearly
demonstrates its financial inability to do so. FM 92 also contends that
Classic has not committed to making the site change necessary to operate
with Class C1 facilities. Instead, it says that Classic\'s statement
that it \"does not object\" to the modification of its license to
Channel 291C1 is not an unequivocal pledge to apply for the channel.
Thus, it fears that any channel allotments made herein which are
dependent upon Station KWFX moving its transmitter site could be delayed
because Classic must advance the funds which it says it presently does
not have. Finally, if Station KWFX is modified to Channel 292C1, FM 92
says the Commission should determine whether the station is entitled to
any reimbursement in light of the relinquishment of the Channel 261C1
construction permit and, if so, whether Tyler should be solely
responsible for these reimbursable expenses. However, FM 92 states it is
willing to share in the reimbursement if the Commission determines that
it is warranted.

10\. Chisholm Trail, in its reply comments, contends that Tyler, in an
attempt to gain another Oklahoma City station, committed acts of
deception and made material misrepresentations to the Commission
concerning the operation of both Station KTSH and KAZC. Chisholm Trail
states that Tyler acquired Station KTSH from South Central Oklahoma
Christian Broadcasting, Inc. (\"South Central\") in 1996 after it had
been unable to put the station on the air during the three years it was
the permittee. In 1997, Tyler filed a construction permit application
specifying a new site, which is in an isolated and not easily accessible
area, in order to comply with the change of community requirement that
the existing and proposed allotments be mutually exclusive. In this
regard, Chisholm Trail states that Tishomingo and Tuttle are located
153.59 kilometers (95.43 miles) apart, using each community\'s center
city coordinates, and thus meet the required 153 kilometer (95 mile)
separation for co-channel Class C3 stations. Further, using the
coordinates of Station KTSH\'s present site, there is an area of over 50
square kilometers to the north and west of Tuttle where a fully spaced
co-channel station could be located. In fact, it states that only a
minor site restriction of 2.34 kilometers northwest would be required to
permit the allotment of Channel 259C3 to both communities as well as
allowing the new Tuttle station to serve 804,735 people instead of the
767,353 people projected by Tyler.

Therefore, Chisholm Trail urges that the Commission not allow Tyler to
manufacture a short-spacing merely by selecting a preferred antenna site
9.3 kilometers east of Tuttle.

11\. The [Notice]{.underline} requested Tyler to provide further
information as to how the public interest would be served by removing
Tishomingo\'s sole local aural service in order to provide the same
service to Tuttle, a community already well served by Oklahoma City area
stations. To avoid this issue, Chisholm Trail contends that Tyler
voluntarily took Station KTSH off the air on September 28, 1998, while
telling the Commission the station had suffered \"antenna failure,\"
while the following day Station KAZC commenced program tests from the
same tower, and at the same location where Station KTSH\'s transmission
line had been plugged into its antenna. Thus, Tyler could now claim that
his proposal would not result in the removal of Tishomingo\'s sole local
service.[^13] Therefore, because of Tyler\'s attempt to have its
proposal granted by defrauding the Commission, it urges that the
reallotment of Channel 259C3 from Tishomingo to Tuttle be denied and
that program test authority for Station KAZC be revoked.[^14] However,
should these actions not be taken, it asserts that Tyler\'s proposal
should be denied based on its failure to comply with the requirements of
Section 1.420(i) of the Commission\'s Rules.

12\. Tyler, in response, submits that Chisholm Trail has not set forth
any reason as to why its Alva Station KNID should not be modified to
Channel 260C1, stating that the station can operate just as efficiently
on Channel 260C1 on as its present Channel 259C1. Tyler does not dispute
that Station KAZC does not provide a 70 dBu signal over all of
Tishomingo. However, while pointing out that there is no Commission
requirement that a station operating within the reserved band provide 70
dBu service to its community of license, he states that the actual
Station KAZC signal is described as excellent. Tyler does disagree that
a short-spacing to Station KNTU, Channel 201C1, Denton, Texas, prevents
Station KAZC from locating its transmitter closer to Tishomingo. He
believes that Chisholm Trail\'s study is based on the mileage separation
requirements for stations operating in the non-reserved portion of the
band (Section 73.207) instead of the contour protection standards
(Section 73.509) which are applicable to stations operating within the
reserved portion of the band. When correctly computed, Tyler states that
Station\'s KAZC\'s transmitter could be located in downtown Tishomingo,
as evidenced by the showing contained in the station\'s construction
permit application. However, Tyler says that Station KAZC chose to
locate on an existing transmission tower to avoid the need for a new
site and the cost of building a new tower.

13\. Tyler concludes that the proposed reallotment of Station KTSH
should be granted because: (1) Tishomingo will not lose its sole local
aural service since such service will be provided by Station KAZC, which
is now on the air;[^15] (2) the area and population which will lose
service if Channel 259C1 is reallotted to Tuttle will continue to
receive five fulltime aural services; and (3) Station KTSH will be able
to increase its service from 36,134 people to 767,353 persons. Based on
Classic\'s expressed preference for a Class C1 channel, Tyler believes
that Option I may be the preferable arrangement of allotments. He also
reiterates his willingness to reimburse Classic and Chisholm Trail for
the reasonable costs associated with their respective channel changes.
However, Tyler requests that the Commission affirm that Classic is only
entitled to reimbursement for those expenses associated with its change
of channel, not the change in power. Tyler also requests that the
Commission affirm that FM 92 share in the required reimbursement to
Chisholm Trail regardless of which allotment scheme is adopted. It
contends that FM 92\'s proposed allotment of Channel 283C1 at Mooreland
is interrelated with the allotment of Channel 259C1 at Tishomingo and
thus it will benefit from the adoption of either Option I or Option II.

[Discussion]{.underline}

14\. Based on the record before us, we find that the public interest
would be served by allotting Channel 283C1 to Mooreland, Oklahoma, as
the community\'s first local aural service. Mooreland is an incorporated
community, with a 1990 U.S. Census population of 1,157 people, its own
local government, municipal services, schools and businesses. Channel
283C1 can be allotted to Mooreland in compliance with the Commission\'s
minimum distance separation requirements without the imposition of a
site restriction and without requiring any other changes to the Table of
Allotments.[^16] We recognize that FM 92 requested that the channel be
allotted to Mooreland with a site restriction of 29 kilometers southwest
so that it could utilize an existing tower near Sharon, Oklahoma.
However, the Commission generally allots channels with the least site
restriction possible and does not protect a prospective applicant\'s
desired transmitter site where the allotment will be available for
application by multiple parties since we do not require the type of
detailed technical antenna site showing required of an applicant and
there is no guarantee that the petitioner will ultimately become the
licensee. [See]{.underline}, [Stuart and Boone, Iowa]{.underline}, 5 FCC
Rcd 4537 (1990), [recon. den.]{.underline} 6 FCC Rcd 6036 (1991).

15\. Based on this record we are unable to find that the proposed
reallotment of Channel 259C3 from Tishomingo to Tuttle would result in a
preferential arrangement of allotments and thus serve the public
interest. Tyler filed his proposal 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 an opportunity to file competing
expressions of interest.[^17] As pointed out in the
[Notice]{.underline}, Tyler requested the allotment at Tuttle in order
to provide that community with its first local aural service. In
recognition of the fact that Station KTSH was, at that time, the only
operating station at Tishomingo, he was requested to submit further
information to demonstrate that the public interest would be better
served by providing a first local aural service at Tuttle than by
retaining the same service at Tishomingo. In response, Tyler states that
his proposal will further the Commission\'s allotment priorities by
providing Tuttle with its first local aural service instead of
Tishomingo having two such services, enable Station KTSH to provide
service to a vastly larger number of people, that the status of Tuttle
is not in question and that a [Tuck]{.underline} showing of the
community\'s independence from the Oklahoma City Urbanized Area is not
required because the station will not cover 50% or more of the Urbanized
Area with its 3.16 mV/m (70 dBu) signal. [See]{.underline}, [Headland,
Alabama and Chattahooche, Florida]{.underline}, 10 FCC Rcd 10352 (1995),
[Faye and Richard Tuck]{.underline} (\"[Tuck]{.underline}\"), 3 FCC Rcd
5374 (1988).

16\. Tyler argues that the issue of whether the public interest would be
served by removing Tishomingo\'s sole aural service is moot because
noncommercial educational Station KAZC is now operational and thus the
community will continue to receive a local aural service. We disagree
that this issue is moot. In [Change of Community MO&O]{.underline},
[supra]{.underline}, at 7097, the Commission stated that the public has
a legitimate expectation that existing service, regardless of whether it
is a transmission or reception service, will continue and that this
expectation is a factor to be weighed independently against the benefits
that may result from the reallotment. Tyler is correct that at the time
the Commission granted Station KAZC\'s construction permit there was no
requirement that a station operating within the reserved portion of the
band provide any level of service to its community of license.
[See]{.underline}, fn. 9, [supra]{.underline}. Therefore, where the only
remaining station in a community is one which operates within the
reserved portion of the FM band, the Commission cannot assume that the
population will indeed retain a local transmission service.[^18] A staff
engineering study has confirmed that Station KAZC, operating within the
technical parameters set forth in its permit, does not encompass any
portion of Tishomingo within its 70 dBu contour and only 23% of those
people who receive service from Station KTSH will be within Station
KAZC\'s 60 dBu contour. As such, we do not believe this to be a
replacement for the removal of a Dole local service. It is irrelevant
whether Station KAZC can locate its transmitter in the center of
Tishomingo, as stated by Tyler. The transmitter site authorized in
Station KAZC\'s construction permit reflects a site 17.6 kilometers
(19.9 miles) southwest of Tishomingo, as requested by South Central.
Therefore, we believe that Tyler\'s proposed reallotment of Channel
259C3 from Tishomingo to Tuttle remains a request to remove the
community\'s sole local aural service and thus triggers the same
allotment priority, that is, the provision of a first local aural
service to either community.

17\. In analyzing the proposed allotment of Channel 259C3 to Tishomingo
or Tuttle, we find that neither allotment will provide any first or
second fulltime aural reception service and both communities are
considered to be well-served. Tishomingo, with a 1990 U.S. Census
population of 3,116 people, receives service from eleven radio stations.
Tuttle, with a smaller population of 2,807 people, receives service from
twenty-six radio stations, with twenty of these stations placing a
city-grade signal over the community. As the communities are
approximately 95 miles apart, all 36,134 people who presently receive
service from Station KTSH (60,243 people if Station KTSH were to begin
operating at its construction permit site) would lose service. Station
KAZC provides service to only 8,333 people with no portion of Tishomingo
receiving a 70 dBu city-grade signal. We recognize that if Channel 259C3
is reallotted to Tuttle as requested, Station KTSH will be able to
provide service to 759,413 people. However, the determining factor in
comparing competing proposals for a first local aural service is the
size of the community of license, not the potential population within
the projected 60 dBu contour. [See]{.underline}, [Sparta and Buckhead,
GA]{.underline}, DA 00-2481, released November 3, 2000, 65 FR 69725,
November 20, 2000, and [Marks and Woodsville, FL]{.underline}, 12 FCC
Rcd 11957 (1997) and cases cited therein. Further, all of the population
which would receive service from a Tuttle station are already
well-served. Therefore, based upon the above analysis, we find that
Tyler has not presented a sufficiently compelling public interest
benefit to warrant the removal of Tishomingo\'s sole local aural service
and thus deprive the people of a service they have come to expect.

18\. With this decision the issue of whether Woodward Station
KWFX(FM)\'s license should be modified from Channel 261C1 to either
Channel 228A or Channel 292C1 is moot. Channel 283C1 can be allotted to
Mooreland without requiring a change in the Woodward station\'s
operating channel. In addition, Classic has stated its intention to
operate on Channel 261C1 and has filed an application for a construction
permit specifying the new channel, albeit it with less than Class C1
facilities. Therefore, any decision as to whether Station KWFX should be
downgraded from its Class C1 status is more appropriately taken with
regard to the processing of its pending application. Likewise, a
decision on the pending investigation into the circumstances surrounding
Station KTSH going off the air and Station KAZC going on the air also
does not need to be reached in order to conclude this proceeding.
Therefore, any decision concerning the actions of Station KTSH and/or
Station KAZC will be decided in a separate action.

19\. 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 February 5, 2001, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the community listed below, to read as follows:

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

Mooreland, Oklahoma 283C1

20\. A filing window for Channel 283C1 at Mooreland, Oklahoma, will not
be opened at this time. Instead, the issue of opening a filing window
for this channel will be addressed by the Commission in a subsequent
order.

21\. IT IS FURTHER ORDERED, That the petition for rule making filed by
Ralph Tyler (RM-9133) requesting the reallotment of Channel 259C3 from
Tishomingo to Tuttle, Oklahoma, the substitution of Channel 292C1 for
Channel 261C1 at Woodward, Oklahoma, and the substitution of Channel
260C1 for Channel 259C1 at Alva, Oklahoma, IS DENIED.

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

23\. For further information concerning this proceeding, contact
Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: After the record closed, the following additional pleadings were
    filed: (1) \"Supplement to Reply Comments\" filed by Chisholm Trail
    on November 12, 1998; (2) \"Statement for the Record\" filed by
    Ralph Tyler on November 18, 1998; (3) \"Opposition to Supplement for
    the Record\" filed by Chisholm Trail on November 25, 1998; (4)
    Supplemental Comments of Classic Communications, Inc. to Address
    Reply Comments\" filed December 9, 1998; (5) \"Motion to Accept
    Response\" and \"Response of Ralph Tyler\" filed on December 14,
    2000; (6) \"Opposition to Motion to Accept Response and Response of
    Ralph Tyler\" filed December 23, 2000, by Chisholm Trail; (7)
    \"Reply to Opposition\" filed by Ralph Tyler on January 7, 1999, (8)
    \"Motion to Hold in Abeyance\" filed by Chisholm Trail on April 1,
    1999, (9) \"Opposition to Motion to Hold in Abeyance\" filed by
    Ralph Tyler on April 13, 1999; (10) Reply to Opposition to Motion to
    Hold in Abeyance\" filed by Chisholm Trail on April 22, 1999; (11)
    \"Supplement to Motion to Hold in Abeyance\" filed by Chisholm Trail
    on May 14, 1999. These pleadings concern the suspension of
    broadcasting by Station KTSH and the activation of broadcasting by
    Station KAZC and whether Tyler had materially represented the facts
    surrounding these events to the Commission. In pursuing these
    issues, Chisholm Trail filed an \"Informal Objection and Request to
    Revoke Program Test Authority\" with respect to the license
    application of South Central Oklahoma Christian Broadcasting, Inc.
    (\"South Central\") (BLED-981002KA) as well as a formal complaint
    against both stations with the Commission\'s Enforcement Division
    requests the institution of a forfeiture and revocation proceeding
    against both parties. A resolution of these issues in the context of
    this proceeding is not necessary prior to the resolution of this
    proceeding in light of our decision herein.

[^2]: FM 92 had originally proposed the allotment of Channel 261C1 to
    Mooreland along with the downgrade of Station KWFX at Woodward from
    Channel 261C1 to Channel 228A. However, in response to the alternate
    allotment proposal submitted by Tyler, the [Notice]{.underline}
    instead proposed the allotment of Channel 283C1 at Mooreland and
    either Channel 292C1 or Channel 228A at Woodward. The proposed
    allotment of Channel 283C1 at Mooreland resolved the conflict
    between Tyler\'s proposed Channel 260C1 at Alva and FM 92\'s
    proposed Channel 261C1 at Mooreland.

[^3]: Section 1.420(i) of the Commission\'s Rules 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]{.underline} (\"[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).

[^4]: On March 7, 1996, the Commission granted the voluntary assignment
    of license of Station KWFX from Fuchs to Classic.

[^5]: Channel 296C3 was allotted to Alva, effective August 28, 2000.
    [See]{.underline}, [Report and Order]{.underline}, MM Docket 00-7,
    15 FCC Rcd 12729 (2000), 65 FR 45722, July 25, 2000.

[^6]: The proposed allotment of Channel 259C3 to Tuttle would result in
    only 23% of the Oklahoma City Urbanized Area being within Station
    KTSH\'s 70 dBu contour. [See]{.underline}, [Headland, Alabama, and
    Chattahooche, Florida]{.underline}, 10 FCC Rcd 10352 (1995), [Faye
    and Richard Tuck]{.underline}, 3 FCC Rcd 5374 (1988).

[^7]: South Central Oklahoma Christian Broadcasting, Inc., permittee of
    Station KAZC, filed a letter dated September 29, 1998, stating that
    it had begun on-air operation on that date and filed their license
    application to cover the construction permit on October 2, 1998
    (BLED-19981002KA).

[^8]: The Commission\'s allotment priorities are: (1) first fulltime
    aural service; (2) second fulltime aural service; (3) first local
    aural service; and (4) other public interest matters. Priorities (2)
    and (3) are given co-equal weight. [See]{.underline}, [Revision of
    FM Assignment Policies and Procedures]{.underline}, 90 FCC 2d 88
    (1982).

[^9]: Pursuant to the [Report and Order]{.underline} in MM Docket 98-93,
    noncommercial educational FM stations operating on channels within
    the reserved portion of the band (201-220) will be required to
    provide a predicted 60 dBu signal to at least 50% of the population
    within the community. [See]{.underline}, [1998 Biennial Regulatory
    Review -- Streamlining of Radio Technical Rules in Parts 73 and 74
    of the Commission\'s Rules]{.underline}, FCC 00-368, released
    November 1, 2000.

[^10]: Chisholm Trail states that Station KAZC, Channel 202A, cannot
    increase power beyond its authorized 1.75 kilowatts without causing
    interference and/or becoming short-spaced to Station KNTU, Channel
    201C1, Denton, Texas. As a result, it states that Station KAZC\'s 70
    dBu contour will encompass only 15% of the population currently
    served by Station KTSH (1,486 vs. 9,796) and that Station KAZC\'s 60
    dBu contour will encompass only 8,387 persons vs. 35,854 persons.
    Further, if Station KTSH completes the change in facilities pursuant
    to its outstanding construction permit (BPH-19970220IA), the station
    will increase its coverage to serve 14,449 people within its 70 dBu
    contour and 56,949 people within its 60 dBu contour.

[^11]: [See]{.underline}, [Ada, Newcastle and Watonga,
    Oklahoma]{.underline}, 11 FCC Rcd 16896 (Allocations Branch 1996).

[^12]: [See]{.underline}, [Woodward, Oklahoma]{.underline}, 5 FCC Rcd
    6628 (1990).

[^13]: According to Chisholm Trail, an investigation by William H.
    Nolan, Broadcast Technical Consultant, Nolan Broadcast Services,
    found that Station KTSH was voluntarily taken off the air and the
    transmitter retuned by station engineer Randy Mullinax so that
    Station KAZC could begin operation under program test authority. He
    also states that the two stations have never been on the air
    simultaneously and Station KTSH cannot resume broadcasting without
    installing a new transmitter equipped with notch filtering for both
    stations to avoid unsatisfactory interference to both stations and
    the installation of a new transmission line.

[^14]: Chisholm Trail also requested that the Commission issue an order
    directing Tyler and South Central to show cause why their respective
    authorizations for Stations KTSH and KAZC should not be designated
    for a revocation hearing.

[^15]: Tyler states that the Commission announced the acceptance of
    Station KAZC\'s license application (BLED-19981002KA) by Report No.
    24350, p. 6, released October 20, 1998.

[^16]: The coordinates for Channel 283C1 at Mooreland are 36-26-18 NL;
    99-12-18 WL.

[^17]: [See]{.underline}, [Amendment of the Commission\'s Rules
    Regarding Modification of FM and TV Authorizations to Specify a New
    Community of License]{.underline} (\"[Community of License
    R&O]{.underline}\"), 4 FCC Rcd 4870 (1989), [recon. granted in
    part]{.underline}, 5 FCC Rcd 7094 (1990) (\"[Change of Community
    MO&O]{.underline}\").

[^18]: Pursuant to [Valley Broadcasters, Inc.]{.underline}, 5 FCC Rcd
    2785 (1990), reception service provided by noncommercial educational
    stations operating on channels within the reserved portion of the
    band are considered in transmission service studies.