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 Federal  Communications  Commission  DA  01-  1238  __-  -Before 
 the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  228 
 Table  of  Allotments,  )  RM-  9991 
 FM  Broadcast  Stations.  ) 
 (Linden,  White  Oak,  Lufkin,  Corrigan,  ) 
 Mount  Enterprise,  and  Pineland,  ) 
 Texas,  and  Zwolle,  Louisiana)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  May  9,  2001  Released:  May  18,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  In  response  to  a  Petition  for  Rule  Making  filed  by  Reynolds  Radio,  Inc.,  previously  named 
 OARA,  Inc.  (  Reynolds),  the  Commission  has  before  it  for  consideration  the  Notice  of  Proposed  Rule 
 Making,  15  FCC  Rcd  21619  (2000),  requesting  the  reallotment  of  Channel  257C2  from  Linden,  Texas, 
 to  White  Oak,  Texas,  and  modification  of  its  authorization  for  Station  KIXK  to  specify  White  Oak  as 
 t  he  communit  y  of  license.  Reynolds  filed  comment  s  reaffirming  its  int  erest  in  an  allot  ment  at  Whit  e 
 Oak,  Texas.  No  other  comments  were  received  in  response  to  the  Notice.  1 
 2.  As  stated  in  the  Notice,  Reynolds  has  filed  a  petition  for  rule  making  pursuant  to  the  provisions 
 of  Section  1.420(  i)  of  the  Commissions  Rules  which  permits  the  modificat  ion  of  a  st  at  ions 
 authorization  to  specify  a  new  community  of  license  without  affording  other  interested  parties  an 
 opportunity  to  file  competing  expressions  of  interest.  See  Modification  of  FM  and  TV  Authorizations 
 to  Specify  a  New  Community  of  License,  4  FCC  Rcd  4870  (1989),  recon.  granted  in  part  ("  Change  of 
 Community  MO&  O"),  5  FCC  Rcd  7094  (1990).  As  indicated  in  the  Notice,  Reynolds  request  would 
 enable  it  to  provide  a  first  local  aural  transmission  service  to  White  Oak,  Texas  (population  5,136).  2 
 Reynolds  provided  a  showing  pursuant  to  the  criteria  set  forth  in  Faye  and  Richard  Tuck,  3  FCC  Rcd 
 5374  (1988),  that  White  Oak  is  independent  of  the  Longview  Urbanized  Area.  Since  Reynolds 
 intends  to  use  a  new  transmitter  site  for  Channel  257C2  at  White  Oak,  it  provided  a  study  showing  a 


 1  Reynolds  filed  a  counterproposal  on  January  2,  2001,  involving  the  communities  of  Linden,  White  Oak,  Lufkin, 
 Corrigan,  Mount  Enterprise,  Pineland,  and  Sulphur  Bluff,  Texas  and  Zwolle,  Louisiana.  On  March  15,  2001, 
 Reynolds  withdrew  its  counterproposal,  providing  an  affidavit  stating  the  neither  Reynolds  nor  its  principals  has 
 received  or  will  receive  any  consideration  in  exchange  for  withdrawal  of  its  counterproposal.  The 
 counterproposal  was  not  put  out  for  public  notice.  As  the  counterproposal  has  been  withdrawn,  no  consideration 
 will  be  given  to  the  comments  filed  by  Ruston  Broadcasting  Company,  Inc.,  licensee  of  Station  KNBB,  Ruston, 
 Louisiana,  objecting  to  the  counterproposal. 


 2  Population  figures  were  obtained  from  the  1990  U.  S.  Census. 
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 theoretical  population  gain  of  336,733  people  with  a  theoretical  loss  in  population  of  approximately 
 100,500  people  with  the  loss  area  continuing  to  receive  five  or  more  services.  The  figures  for  the  loss 
 and  gain  areas  represent  a  potential,  rather  than  an  actual  service  since  the  station  at  Linden  is  presently 
 unbuilt.  See  Glencoe  and  LaSueur,  Minnesota,  7  FCC  Rcd  7651  (1992).  Further,  as  previously 
 det  ermined,  the  reallot  ment  will  not  result  in  the  creat  ion  of  any  whit  e  or  gray  area.  Addit  ionally, 
 Reynolds  proposal  is  mutually  exclusive  with  its  existing  authorization  at  Linden,  Texas  (population 
 2,375). 


 3.  Based  on  the  above,  as  Reynolds  reallotment  request  is  consistent  with  the  provisions  of 
 Section  1.420(  i)  of  the  Commissions  Rules,  we  will  reallot  Channel  257C2  from  Linden,  Texas,  to 
 White  Oak,  Texas,  and  modify  the  authorization  for  Station  KIXK,  as  requested.  The  reallotment  will 
 result  in  a  preferential  arrangement  of  allotments  consistent  with  the  Revision  of  FM  Assignment 
 Policies  and  Procedures,  90  FCC  2d  88  (1982),  3  as  it  will  provide  a  first  local  aural  transmission  service 
 to  the  larger  community  of  White  Oak.  4  We  acknowledge  that  this  reallot  ment  will  leave  Linden 
 without  any  potential  local  aural  service.  While  we  carefully  evaluate  a  proposal  that  would  result  in  a 
 loss  of  a  communit  ys  only  local  aural  service,  we  do  not  believe  that  the  removal  of  an  unbuilt  st  at  ion, 
 such  as  Station  KIXK,  presents  the  parallel  concerns  with  loss  of  service  represented  by  the  removal  of 
 an  operational  station  since  it  does  not  represent  a  service  that  the  public  has  become  reliant  upon. 
 See  Chat  om  and  Grove  Hill,  Alabama,  12  FCC  Rcd  7664  (1997),  and  cases  cited  therein.  A  staff 
 analysis  confirms  that  there  will  be  a  theoret  ical  gain  and  loss  of  service  wit  h  t  he  reallot  ment  of  St  at  ion 
 KIXK  and  that  the  loss  area  currently  receives  five  or  more  aural  services. 


 4.  Channel  257C2  can  be  allotted  to  White  Oak,  Texas,  in  compliance  with  the  minimum  distance 
 separation  requirements  set  forth  in  Section  73.207(  b)(  1)  of  the  Commissions  Rules  at  Reynolds 
 requested  site  provided  changes  are  made  at  Lufkin,  Corrigan,  Mount  Enterprise  and  Pineland,  Texas, 
 and  Zwolle,  Louisiana.  5 


 5.  To  accommodate  the  allotment  at  White  Oak,  we  shall  substitute  Channel  261C2  for  Channel 
 257C2  at  Lufkin,  Texas,  and  modify  the  license  for  Station  KUEZ  accordingly.  The  licensee  for 
 Station  KUEZ  has  consented  to  the  channel  change  and  Reynolds  has  entered  into  a  written  agreement 
 to  reimburse  the  licensee  of  Station  KUEZ  for  the  reasonable  expenses  in  changing  channels.  A  staff 
 engineering  analysis  confirms  that  Channel  261C2  can  be  allotted  to  Lufkin  in  compliance  with  the 


 3  The  allotment  priorities  are:  (1)  first  full-  time  aural  service;  second  full-  time  service;  (3)  first  local  service;  and 
 (4)  other  public  interest  matters.  [Co-  equal  weight  is  afforded  priorities  (2)  and  (3).] 


 4  An  application  is  pending  for  a  new  noncommercial  FM  station  at  White  Oak,  Texas  (File  No.  BPED-19961217ME). 
 Since  the  potential  for  a  new  noncommercial  FM  station  at  White  Oak  is  purely  speculative,  the 
 application  is  not  considered  a  local  transmission  service  pursuant  to  the  Commissions  FM  allotment  policies. 


 5  The  coordinates  for  Channel  257C2  at  White  Oak  are  32-  30-  32  and  94-  50-  41  (2.6  kilometers  southeast  of  the 
 community). 
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 spacing  requirements.  6  To  accommodate  the  substitution  at  Lufkin,  we  shall  also  make  changes  at 
 Corrigan,  Texas  and  Mount  Enterprise,  Texas.  At  Corrigan,  Texas,  we  shall  substitute  Channel  257A 
 for  vacant  Channel  261A.  7  A  staff  engineering  analysis  confirms  that  Channel  257A  can  be  allotted  to 
 Corrigan  without  a  site  restriction  at  center  city  coordinates.  8 
 To  further  accommodate  the  allotment  at  White  Oak,  we  shall  reallot  Channel  260A  from  Mount 
 Enterprise,  Texas,  to  Zwolle,  Louisiana,  and  modify  the  construction  permit  for  unbuilt  Station  KGRI 
 to  specify  operation  on  Channel  260A  at  Zwolle.  The  reallotment  of  Channel  260A  from  Mount 
 Enterprise  to  Zwolle  can  be  made  in  compliance  with  the  requirements  of  Section  1.420(  i)  of  the 
 Commissions  Rules.  The  reallotment  of  Channel  260A  at  Zwolle  (population  1,779  people)  or 
 retention  of  the  channel  at  Mount  Enterprise  (population  501  people)  both  trigger  priority  3)  first  local 
 service,  but  reallot  ment  of  t  he  channel  t  o  Zwolle  will  prove  a  first  local  service  to  the  larger 
 communit  y.  Here,  as  wit  h  Linden,  we  recognize  that  the  reallot  ment  will  result  in  removal  of  the  only 
 pot  ent  ial  local  service  at  Mount  Ent  erprise.  However,  since  St  at  ion  KGRI  is  an  unbuilt  facilit  y,  the 
 resident  s  of  Mount  Ent  erprise  will  experience  no  act  ual  loss  of  exist  ing  service  if  t  he  channel  is 
 reallotted  to  Zwolle.  As  the  transmitter  site  is  changing,  a  theoretical  gain  and  loss  study  was  provided 
 showing  that  the  loss  area  is  well  served.  Since  Reynolds  is  the  permittee  of  Station  KGRI  at  Mount 
 Ent  erprise,  reimbursement  is  not  an  issue  and  Reynolds  has  committ  ed  to  filing  an  applicat  ion  for 
 Channel  260A  at  Zwolle.  A  staff  engineering  analysis  confirms  that  Channel  260A  can  be  allotted  to 
 Zwolle,  Louisiana,  in  compliance  with  the  Commissions  spacing  requirements  at  Reynolds  requested 
 site.  9 


 6.  In  response  to  Reynolds  request  for  an  FM  allotment  at  Pineland,  Texas,  we  shall  allot 
 Channel  256A  to  the  community  as  a  first  local  service.  Reynolds  filed  comments  stating  its  intention 
 to  file  an  application  for  Channel  256A  at  Pineland.  The  Notice  provided  information  showing  that 
 Pineland  is  an  established  community  deserving  of  a  first  local  broadcast  service.  A  staff  engineering 
 analysis  confirms  that  Channel  256A  can  be  allotted  to  Pineland,  Texas,  in  compliance  with  the 
 Commissions  spacing  requirements.  10 


 6  The  coordinates  for  Channel  261C2  at  Lufkin  are  31-  24-  28  and  94-  45-  53  (8.5  kilometers  northwest  of  the 
 community). 


 7  Channel  261A  at  Corrigan,  Texas,  has  been  included  in  Auction  No.  37  scheduled  for  February  21,  2001.  See 
 Public  Notice,  DA  00-  2171,  released  September  25,  2000,  FM  Broadcast  auction  scheduled  for  February  21,  2001. 
 By  public  notice  dated  March  7,  2001,  DA  01-  619,  the  auction  for  Broadcast  Construction  Permits  has  been 
 postponed  until  December  5,  2001. 


 8  The  coordinates  for  Channel  257A  at  Corrigan  are  30-  59-  47  and  94-  49-  36  (center  city  coordinates). 


 9  The  coordinates  for  Channel  260A  at  Zwolle  are  31-  37-  53  and  93-  38-  38  (center  city  coordinates). 
 10  The  coordinates  for  Channel  256A  at  Pineland  are  31-  08-  48  and  93-  56-  53  (11.5  kilometers  south  of  the 
 community). 
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 Federal  Communications  Commission  DA  01-  1238  __-- 
 7.  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,  2001,  the  FM  Table  of  Allotments, 
 Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  for  the  communities  listed  below,  as 
 follows: 


 Communit  y  Channel  Number 
 Linden,  Texas  ------  - 
 White  Oak,  Texas  257C2 
 Lufkin,  Texas  230A,  261C2,  286C 
 Corrigan,  Texas  257A 
 Mount  Enterprise,  Texas  ------  - 
 Zwolle,  Louisiana  260A 
 Pineland,  Texas  256A 
 8.  IT  IS  ORDERED,  That  the  Secretary  of  the  Commission  shall  send  by  Certified  Mail,  Return 
 Receipt  Requested,  a  copy  of  this  Notice  of  proposed  Rule  Making  to  the  following: 


 Stephne  W.  Yates 
 Station  KUEZ 
 121  Cotton  Square 
 Lufkin,  Texas  75901 


 9.  IT  IS  FURTHER  ORDERED,  That  pursuant  to  Section  316(  a)  of  the  Communications  Act  of 
 1934,  as  amended,  that  the  construction  permit  of  Reynolds  Radio,  Inc.  for  Station  KIXK,  Channel 
 257C2,  Linden,  Texas,  IS  MODIFIED  to  specify  operation  on  Channel  257C2  at  White  Oak,  Texas, 
 and  the  construction  permit  of  Reynolds  Radio,  Inc.  for  Station  KGRI,  Channel  260A, 


 Mount  Enterprise,  Texas,  IS  MODIFIED  to  specify  operation  on  Channel  260A  at  Zwolle,  Louisiana, 
 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  facilit  y; 
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 Federal  Communications  Commission  DA  01-  1238  __-- 
 (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  Commissions  Rules. 


 10.  IT  IS  FURTHER  ORDERED,  That  pursuant  to  the  authority  contained  in  Section  316(  a)  of 
 the  Communications  Act  of  1934,  as  amended,  that  the  license  of  Station  KUEZ,  Lufkin,  Texas,  IS 
 MODIFIED  to  specify  operation  on  Channel  261C2  subject  to  the  following  conditions: 


 (a)  Nothing  contained  herein  shall  be  construed  as 
 authorizing  any  change  in  License  BLH-  19901015KF 
 except  for  the  channel  as  specified  above.  Any  changes, 
 except  for  those  specified,  require  prior  authorization 
 pursuant  to  an  application  for  construction  permit. 
 (FCC  Form  301). 


 (b)  Program  tests  may  be  conducted  in  accordance 
 with  the  provisions  of  Section  73.1620  of  the  Rules, 
 PROVIDED  the  transmission  facilit  ies  comply  in  all 
 respects  with  License  BLH-  19901015KF,  except  for 
 the  channel  as  specified  above,  and  a  license  applica-tion 
 (Form  302)  is  filed  within  10  days  of  commencement 
 of  program  tests. 


 11.  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  applicat  ion  to 
 implement  the  change  in  community  of  license  and/  or  upgrade.  As  a  result  of  this  proceeding, 
 Reynolds  Radio,  Inc.,  permittee  of  Stations  KIXK  and  KGRI,  is  required  to  submit  a  rule  making  fee  in 
 addition  to  the  fee  required  for  the  application  to  effect  the  change  in  community  of  license  from 
 Linden,  Texas  to  White  Oak,  Texas  and  from  Mount  Enterprise,  Texas  to  Zwolle,  Louisiana. 


 12.  A  filing  window  for  Channel  256A  at  Pineland,  Texas,  will  not  be  opened  at  this  time.  Inst  ead, 
 t  he  issue  of  opening  this  allot  ment  for  auct  ion  will  be  addressed  by  the  Commission  in  a  subsequent 
 order. 


 13.  Accordingly,  IT  IS  ORDERED,  That  the  counterproposal  filed  by  Reynolds  Radio,  Inc.  IS 
 DISMISSED. 


 14.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
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 Federal  Communications  Commission  DA  01-  1238  __-- 
 15.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Mass  Media 
 Bureau,  (202)  418-  2180.  Questions  relating  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 
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