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                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of

Amendment of  Section 73.202(b),
FM Table of Allotments, 
FM Broadcast Stations.
(Monticello, Arkansas and Bastrop, Louisiana)
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MM Docket No. 99-141
RM-9339

            REPORT AND ORDER (Proceeding Terminated)

   Adopted:  March 21, 2001             Released: March 30, 2001

By the Chief, Allocations Branch:

1.     The Allocations Branch has before it a Notice of Proposed Rulemaking and Order to Show
Cause issued at the request of Midway Broadcasting Company, who was succeeded in interest by
Community Radio Network, Inc., licensee of Station KHBM-FM, Monticello, Arkansas, pursuant to an
application for assignment of license ("petitioner").  The Notice sought comment on petitioner's proposal
to substitute Channel 229C2 for Channel 229C3 at Monticello, Arkansas, and modify its authorization
accordingly.  To accommodate this modification, we issued an Order to Show Cause to the licensee of
Station KTRY-FM, Bastrop, Louisiana, to show why the Commission should not substitute Channel 230A
for vacant Channel 230C3 at Bastrop, and modify the license of Station KTRY-FM, currently operating on
Channel 232A, to specify operation on Channel 230A, or, in the alternative, modify the allotment for
Channel 230C3 at Bastrop to reference coordinates that are compatible with petitioner's proposal at
Monticello. Petitioner filed comments stating that it would file the necessary applications to effectuate the
modifications for Station KHBM-FM as requested in this matter. Petitioner also filed reply comments. 
Jamie Patrick Broadcasting, Ltd. ("Patrick"), licensee of Station KTRY-FM, Bastrop, Louisiana, did not
respond to the Order to Show Cause.   
2.     As noted in the Notice, Station KTRY-FM, currently operating on Channel 232A, was modified
to Channel 230C3 by one-step application.  Although its construction permit for Channel 230C3 was
ultimately cancelled, Station KTRY-FM was modified to that channel, and cannot continue to hold Channel
232A.  Indeed, as noted in the Notice, Channel 232A at Bastrop is now short-spaced to the licensed
operation of Station WBAD(FM), Channel 232A, Leland, Mississippi.  Patrick filed its most recent
application to effectuate its modification to Channel 230C3 on April 23, 1999, a minor change application. 
Petitioner filed an informal objection to that application, stating that the application was technically
defective and inconsistent with its proposal in this docket.
3.     Petitioner argues that Patrick must be downgraded to 230A rather than modified on 230C3 to
the site proposed in the Notice because Patrick failed to respond affirmatively to the Order to Show Cause. 
Petitioner states that if Patrick is downgraded to Channel 230A, it will reimburse it for its expenses of
changing channels as required under Circleville, Ohio.  Petitioner states, however, that it is unwilling to
reimburse Patrick for relocating to a site that clears Station KHBM-FM on Channel 230C3, because it
should not be obligated to compensate Patrick for a significant improvement in its facilities.
4.     We believe that petitioner's proposal will serve the public interest and should be granted. The
substitution of Channel 229C2 for Channel 229C3 at Monticello, Arkansas, and modification of Station
KHBM-FM to reflect operation on the higher class channel will enable Station KHBM-FM to provide 1.0
mV/m service to 71,651 persons comprising 8,559.5 square kilometers, representing an increase of 17,522
persons in 3,789.4 square kilometers over its authorized facility at Monticello. In addition, petitioner states
that Station KTRY-FM will serve an additional 6,330 persons if it is modified from Channel 232A to
operation on Channel 230A at Bastrop, Louisiana.
5.     We agree with petitioner that Patrick's application for Station KTRY-FM to effectuate Channel
230C3 is defective and should have been dismissed, and we do so in this proceeding.  Although Patrick signed
the cover letter, Patrick's application failed to include Section VII, entitled "Certifications," which must be
signed by an authorized officer of the licensee. This failure constitutes a "Tier One" minimum filing
requirement defect and thus the application was subject to return under Section 73.3564 (a)(2).  
6.     We also agree with petitioner that Patrick's failure to respond to the Order to Show Cause
constrains our action here to the substitution of Channel 230A for 232A and the deletion of Channel 230C3 at
Bastrop.  Although Patrick expressed an intention to effectuate its upgrade to Channel 230C3 by filing its
application for Channel 230C3 at Bastrop, it was an insufficient effort and proposed a site which does not work
with petitioner's proposal.   Since Patrick never amended its application or responded to the Order to Show
Cause, we must modify it to Channel 230A in this proceeding and note that Patrick is free to refile a one-step
application in the future.  Petitioner is ordered to reimburse Patrick for its associated costs for changing
channel under Circleville.  
7.     Accordingly, we will substitute Channel 229C2 for Channel 229C3 at Monticello, Arkansas, and
modify the license for Station KHBM-FM to reflect the upgrade.  Channel 229C2 can be allotted at Monticello
at petitioner's requested site located 23.3 kilometers (14.5 miles) northeast of the community.  We will also
substitute Channel 230A for 232A and delete Channel 230C3 at Bastrop, Louisiana, and modify the license for
Station KTRY(FM) to specify Channel 230A at the station's existing site.  
8.     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 June 14, 2001, 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                               Channel
       Monticello, Arkansas                            229C2, 260C3
       Bastrop, Louisiana                              230A 247A, 261C2
9.     IT IS ORDERED That the Secretary of the Commission shall send by Certified Mail Return
Receipt Requested, a copy of this Order to the following:
Jamie Patrick Broadcasting, Ltd.             Community Radio Network, Inc.
328 West Madison Avenue                 539 W. Gaines
Bastrop, LA 71220                       Monticello, AR 71655
(Licensee of Station KTRY-FM)           (Licensee of Station KHBM-FM)

10.    IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of
1934, as amended, the license of  Community Radio Network, Inc. IS MODIFED to specify operation on
Channel 229C2, at  Monticello, Arkansas, and the license of Station KTRY(FM), Bastrop is modified to
specify operation on Channel 230A 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.
11.    IT IS FURTHER ORDERED That Patrick's minor change application for construction permit,
File No. BPED-990514IE IS DISMISSED.  
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, Community Radio Network, Inc. is
required to submit rule making fees in addition to the fees required for the application to effectuate the
upgrade at Monticello.
13.    IT IS FURTHER ORDERED That this proceeding IS TERMINATED.
14.    For further information on this proceeding, contact Victoria M. McCauley, Mass Media Bureau
at (202) 418 2180.  Questions concerning the application filing process should be addressed to the Audio
Services Division at (202) 418-2700.

          FEDERAL COMMUNICATIONS COMMISSION

          John A. Karousos
          Chief, Allocations Branch
          Policy and Rules Division
          Mass Media Bureau