WPC 2BVTZ 3|P)?xxxXVZXx6X@DQX@HP LaserJet 4/4M PostScriptHPLA4POS.WRSx  @!LbX@2@ ZP@3|PHP LaserJet 4/4M PostScriptHPLA4POS.WRSC\  P6Q!LbP"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[\\[^\d*C`^.wRSSn\Cfx`xWlRx\]\cdIfIs`Wx\rriwgd*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)23@@) @i Times New Roman (TT)Times New Roman (Bold) (TT)"5@^*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW*7777CE7S]xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxJxJxJoJoJoJSSSS]]C]A]A7A]S]o.oEx]x]SxxJxJ]A]AN:*ZS7SSSSSS27}}S2}}S}277SSS77SS7S72t7[\\[_\d*C`_.wRSSn\Cfx`xWlRx\]\cdIfIs`Wx\rriwgd*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW7SSSS7]777SS:S7A7xx*7SSSS%S7}2S_7}SC[227`Z*727S}}}SxxxxxxxooooAAAAxx_xxxxxf]SSSSSSxJJJJJ....S]SSSSS[S]]]]S]"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd"direct conflict with the existing allotment of Channel 271A at Wagoner," the proposal is an acceptable  xcounterproposal. This is not the case. A counterproposal is a "proposal for an alternate and mutually exclusive  yO&- xallotment or set of allotments in the context of the proceeding in which the proposal is made." See Implementation  yO'- xof BC Docket 8990 to Increase the Availability of FM Broadcast Assignments, 5 FCC Rcd 931 (1990). The  xproposal advanced in the counterproposal must conflict with the proposed change in the Table of Allotments, not"w(,))("  x<the existing arrangement. Therefore, Music Sound's counterproposal will be dismissed. However, because of the outcome of this proceeding, Music Radio may, of course, file its "counterproposal" as a new petition for rule making.q {"xX "& ,))JJ"Ԍ {"xX ԙ   x2. Petitioner states that its proposal complies with Section 1.420(i) of the Commission's  xRules and would serve the public interest by providing Warner with its first local aural  xtransmission service and enable Station KRQZFM to improve the station's facilities to those of  xa full Class A. Because Station KRQZFM proposes to relocate its transmitter, petitioner has  xprovided a gain and loss study showing that the reallotment of Channel 271A to Warner will  x enable the station to provide service to 32,572 persons within a 2,296 square kilometer (886  xsquare mile) area. Within this gain area, petitioner states that Station KRQZFM will provide  xMa seventh service to 80 people, a ninth service to 4,591 persons and a tenth service to 7,114  x=persons. The loss area occasioned by the reallotment, according to the petitioner, amounts to  x28,550 persons within a 1,473 square kilometer (568 square mile) area. While recognizing that  x0the Commission is concerned with the loss of an existing service which the public has a  x=legitimate expectation to continue receiving, it states that this loss is mitigated by the fact that  xthe entire population within the loss area will continue to receive at least six fulltime aural  xservices and that 91.6% of the people residing within the loss area with receive thirteen or more  x[fulltime stations. Petitioner also points out that Station KRQZFM is unable to increase power  xto a full 6 kW if it remains licensed to Wagoner and that the channel is also the only commercial channel which can be allotted to Warner.   "x3. Petitioner requests that the allotment be made at the coordinates requested in the  X4- x.petition (353327; 951441) and not those set forth in the Notice. Because Station KRQZFM  xis an existing station, it contends that it is appropriate for the Commission to use the coordinates  xLsuggested by the licensee for the new allotment. Generally, the Commission does propose the  xKallotment of channels which are to be used by existing stations at the coordinates specified in the  xpetition for rule making. In this instance, at the time the petition was filed, the allotment of  xChannel 271A at Warner met the mileage separation requirements to all existing stations and  x-outstanding construction permits. However, it was shortspaced to the reference coordinates for  xStation KEOK, Channel 269C3, Tahlequah, Oklahoma. Therefore, rather than return the petition  xas unacceptable because it was contingent upon Station KEOK being licensed at the transmitter  xsite set forth in the outstanding construction permit, a nonconflicting transmitter site was  xzproposed for the allotment at Warner. Now that Station KEOK has been licensed at the site  xspecified in the construction permit (BLH961003KA), we will consider the allotment of Channel 271A at Warner at the petitioner's preferred transmitter site.  X- Technical Summaryă   x4. Channel 271A can be allotted to Warner in compliance with the Commission's  xkminimum distance separation requirements with a site restriction of 1.2 kilometers (0.7 miles)  xnorthwest to avoid a shortspacing to Station KENAFM, Channel 271C3, Mena, Arkansas, and"" ,^(^(JJf!"  X-to accommodate petitioner's desired transmitter site.7 yOy-ԍ The coordinates for Channel 271A at Warner are 353327 North Latitude and 951441 West Longitude.   x5. Based upon the information presented, we find that the reallotment of Channel 271A  x<to Warner (population 1,462 persons) will result in a preferential arrangements of allotments since  xit will provide the community with its first local aural transmission service without depriving  xWagoner of its sole local aural transmission service. In addition, it will enable Station KRQZ xFM to improve its facilities to those of a full 6 kW Class A station. Therefore, in accordance  xwith the provisions of Section 1.420(i), we will modify the license of Station KRQZFM to  xspecify Warner as its community of license. We need{"xXwill not order Station KCES, Eufaula, to  xspecify operation on Channel 273C3 in lieu of Channel 272A since that action has already been  xauthorized by the grant of the station's onestep application and the Table of Allotments has been  X -amended to reflect the change. See Report and Order, 11 FCC Rcd 10449 (1996).   x6. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  xL(r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and  x0.283 of the Commission's Rules, IT IS ORDERED, That effective  {"xX May 19 {"xX , 1997, the FM Table  x[of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows:  XK-x` ` City ppChannel No.  X-x` `  Wagoner, Oklahomahpp  X-x` `  Warner, Oklahomahpp271A   x7. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act  x/of 1934, as amended, that the license of K95.5, Inc. for Station KRQZFM, IS MODIFIED to  xLspecify Warner, Oklahoma, in lieu of Wagoner, Oklahoma, as its community of license, subject to the following conditions:  Xe-  1Xx(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).(#   Xx(b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620.(#   Xx(c) Nothing contained herein shall be construed to authorize a change in transmitter   1location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules.(#   #XP\  P6Q4XP#x8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a  xchange of community of license of an FM or television allotment or an upgrade of an existing"h$X,^(^(JJF#"  xFM allotment, if the request is granted, must submit a rule making fee when filing its application  xto implement the change in community of license and/or upgrade. As a result of this proceeding,  x\K95.5, Inc. licensee of Station KRQZFM, is required to submit a rule making fee in addition  xto the fee required for the applications to effect the change in community of license and/or upgrade.   x9. IT IS FURTHER ORDERED, That the counterproposal filed by Music Sound Radio,  xInc., to substitute Channel 272C2 for Channel 272A at Sand Springs, Oklahoma, and modify the license of Station KTFX(FM) accordingly, IS DISMISSED. x10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.   Nx11. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass Media Bureau, (202) 4182180. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` ` hh@John A Karousos x` ` hh@Chief, Allocations Branch x` ` hh@Policy and Rules Division x` ` hh@Mass Media Bureau