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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6QP#X01Í ÍX01Í Í#XP\  P6Q DXP#"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddCommunity of License ("Community of License"), 4 FCC Rcd 4870 (1989); recon. granted in  X- xkpart, 5 FCC Rcd 7094 (1990). In considering a reallotment proposal, we compare the existing  xallotment versus the proposed allotment to determine whether the reallotment will result in a  x>preferential arrangement of allotments. This determination is based upon the FM allotment  X- xjpriorities set forth in Revision of FM Assignment Policies and Procedures ("FM Priorities"), 90  X- xFCC 2d 88 (1982).  yOK$- x-ԍThe FM allotment priorities are as follows: 1) First fulltime aural service; 2) Second fulltime aural service; 3)First local service; and 4) Other public interest matters. Coequal weight is given to priorities (2) and (3). In making the evaluation, we consider the "totality of factors." LaGrange  X-and Rollingwood, Texas, 10 FCC Rcd 3337 (1995). T"|H ,-(-(ZZ"Ԍ X- Rosenberg, Missouri City, Galveston and Menard, Texasăxx T   x4. We are dismissing both the proposal by Henderson for a Channel 285C3 reallotment  x\to Missouri City, and the proposal by Tichenor for a Channel 242C2 reallotment to Menard,  xTexas. Section 1.420(i) specifically requires that the allotment at the new community be  xLmutually exclusive with the existing authorization. In this situation, a Channel 242C2 allotment  xat Menard is not mutually exclusive with the Tichenor Station KLTP license on Channel 285A  xjat Galveston. As such, this proposal cannot be considered in the context of Section 1.420(i) of  xLthe Rules. In this vein, a Channel 242C2 proposal is mutually exclusive with the Channel 242A  X1- x.allotment proposed in the Further Notice. The Channel 242C2 proposal at Menard could have  xKbeen considered in this proceeding as a counterproposal for a new allotment. However, Tichenor  xspecifically stated in its counterproposal that it commits to applying for and constructing the  xChannel 242C2 facilities at Menard "upon adoption of this entire counterproposal and the deletion  xyof Channel 285A from Galveston and the reallocation of that facility to KLTP as Channel 242C2  xjin Menard." We do not construe this statement as a commitment to apply for a Channel 242C2  xas a new allotment for Menard subject to competing applications filed during a filing window. In the absence of such a commitment, we will not allot Channel 242C2 to Menard. T   x5. We are dismissing the Henderson counterproposal for a Channel 285C3 allotment at  XK- xZMissouri City because it is untimely. The Further Notice invited comments and counterproposals  X4- xwith regard to the proposed Channel 242A allotment at Llano. In this connection, the Further  X- xNotice specifically stated that we would not accept counterproposals regarding the reallotment  xof Channel 285C3 from Llano to Marble Falls. To be considered as a timely counterproposal  xKin this proceeding, Henderson should have filed his Channel 285C3 counterproposal for Missouri  X- xjCity by the June 22, 1995, comment date set forth in the original Notice. Henderson did not file his counterproposal until September 23, 1996.  X-Llano and Marble Falls, Texas  Xe-  1x6. The reallotment of Channel 285C3 to Marble Falls coupled with the Channel 242A  XN- xallotment to Llano is a preferential arrangement of allotments as required by Community of  X7- xzLicense. 7 yO- x;ԍ The reference coordinates for the Channel 285C3 allotment at Marble Falls, Texas, are 302645 and 9811 xw45. The reference coordinates for the Channel 242A allotment at Llano, Texas, are 304957 and 984044. Since  xZMarble Falls and Llano are located within 320 kilometers (199 miles) of the Mexican border, concurrence of the Mexican government has been obtained for these allotments.  We will discuss the public interest benefits of both actions. In doing so, it is first  xnecessary to evaluate the reallotment to Marble Falls versus retaining the allotment at Llano.  X - x>Both allotments are entitled to consideration as a first local service under priority (3) of FM  X- x.Priorities. We are granting the proposed reallotment from Llano to Marble Falls, Texas. There  xare three reasons for this action. First, after comparing Llano and Marble Falls, the larger of the  X - xtwo communities would have the first local service. See Three Oaks and Bridgman, Michigan,  x5 FCC Rcd 1004 (1990). The population of Marble Falls (4,007 persons) is greater than the"!,-(-(ZZ "  xpopulation of Llano (2,962 persons). Second, this reallotment will result in a gain in service to  x34,860 persons in an area of 2,761 square kilometers. In this regard, we recognize that 13,801  xpersons would lose service in an area of 3,295 square kilometers and this would create a gray  xarea (an area having only one reception service) containing 35 persons in an area of 23.3 square  xkilometers. Third, the allotment of Channel 242A to Llano addresses this concern. At the  xreference coordinates, a Channel 242A allotment at Llano will reduce the gray area to 16.3  xsquare kilometers and a population of 24. Further, a revised site (304950 and 984315) exists  xfor Channel 242A at Llano which would eliminate the gray area entirely. Inasmuch as the  xChannel 242A allotment at Llano is the direct result of reallotting Channel 285C3 to Marble  xFalls, our action in this proceeding will result in both Llano and Marble Falls having first local  xservices. In a related context, we note that a Channel 242A allotment at Llano will serve 9,735  x.persons in an area 2,450 square kilometers. This reduces the loss of service resulting from the  xreallotment of Channel 285C3 to Marble Falls. Most of the loss area is well served with at least  xy5 fulltime reception services. We do recognize, however, that in the loss area 54 people would go from 4 to 3 reception services and 87 people would go from 5 to 4 reception services.   "x7. We are also concerned by any disruption in service that would be occasioned by  Xy- xremoving the sole local service from Llano. In Community of License, 5 FCC Rcd at 7097, the  xjCommission specifically stated that the public has a legitimate expectation that existing service  xwill continue, and that this expectation is a factor to be weighed independently against the service  xbenefits that may result from reallotting a channel. We did so in this proceeding. Ordinarily,  xkallotment of a replacement channel is not sufficient to overcome the concern pertaining to a  xdisruption of local service. To address this adverse result of its proposal, Maxagrid proposed a  xChannel 242A allotment at Llano. In regard to disruption of service, Maxagrid states that  x["assuming no one else applies for Channel 242A at Llano, Maxagrid intends to simultaneously  xzcommence program tests on Channel 285C3 at Marble Falls and on Channel 242A at Llano."  xThe Maxagrid commitment to avoid any disruption in service is predicated on no competing  xapplications for the Channel 242A allotment at Llano. In the event that we do receive multiple  x/applications for a Channel 242A allotment at Llano, we note that Channels 271A, 273A and  xy275A are available for allotment to Llano. In view of the public interest benefits of having both  xa first local service in Marble Falls coupled with the new allotment in Llano, we will entertain  xa petition for rule making for an additional channel in Llano if a competing application is filed  X - xfor this allotment. See Albion, Nebraska, 10 FCC Rcd 11927 (1995). This will avoid any  xsignificant disruption in service or delay in instituting the replacement service in Llano.  xTherefore, grant of Maxagrid's proposal is premised on its pledge that Maxagrid will file an  xapplication to operate Channel 242A at Llano and, if authorized, to build the facility promptly.  X - xWere it not for this pledge, we would not consider granting this proposal.y  yO=#-ԍ See Albion, Lincoln, and Columbus, Nebraska, 8 FCC Rcd 2876 (1993).y We will condition  xthe grant of an authorization to operate Station KBAE(FM) on 285C3 at Marble Falls upon Maxagrid's activation of Channel 242A at Llano, Texas.  Xh$-  ?x8.  XX   ;+ X-x  #XP\  P6Q DXP#Federal Communications Commission  xxDA 971115`(#(#X ă  yxdddy ;#XP\  P6Q DXP# Accordingly, pursuant to the authority contained in Sections 4(i),5(c)(1), 303(g) and"h$X,-(-(ZZF#"  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 July 14, 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:  X-x` ` City hh Channel No.  X_-x` `  Llano, Texashh@h 242A  X1-x` `  Marble Falls, Texas@h 285C3 x       #XP\  P6Q DXP#x9. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act  xof 1934, as amended, that the license of Maxagrid Broadcasting Corporation for Station  xKBAE(FM), Llano,Texas, IS MODIFIED to specify operation on Channel 285C3 at Marble Falls, Texas, in lieu of Channel 284C3 at Llano, Texas , subject to the following conditions:  X-  ^x(a) Within 90 days of the effective date of this Order, the licensee shall submit to the   NxCommission a minor change application for a construction permit (Form 301), specifying xthe new facility.   @x(b) Nothing contained herein shall be construed to authorize a change in transmitter   1xlocation or to avoid the necessity of filing an environmental assessment pursuant to xSection 1.1307 of the Commission's Rules.   Nx(c) Operation of Station KBAE(FM) on Channel 285C3 in Marble Falls, Texas, including   xprogram test operation pursuant to Section 73.1620, will not be commenced until such   xtime as express authorization from the Commission has been granted. Such authorization   xwill not be granted until a construction permit has been issued for Channel 242A at Llano, xTexas, and activation of service has been initiated on Channel 242A at Llano.    3'3'Standard3'3'Current Windows FormSx  ݌X  XX #Xj\  P6G; DXP#x10. 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  xFM allotment, if the request is granted, must submit a rule making fee when filing its application  xmto implement the change in community of license and /or upgrade. As a result of this  x[proceeding, Maxagrid Broadcasting Corporation, licensee of Station KBAE(FM), is required to  xysubmit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade. X01Í ÍX01Í ÍX01Í ÍX01Í Í   mx11. IT IS FURTHER ORDERED, That the counterproposal filed by Roy E. Henderson  x proposing the change of community of license for Station KLTO(FM), Channel 285A, from  xRosenburg to Katy, Texas, and simultaneously changing the community of license for Station KBYK(FM), Channel 285A, from La Grange to Smithville, Texas, IS DISMISSED.   mx12. IT IS FURTHER ORDERED, That the counterproposal filed by Roy E. Henderson 3'3'Current Windows FormSx  3'3'Current Windows FormSx  ݌X  x{proposing the substitution of Channel 285C3 for Channel 285A at Rosenberg, Texas, the  xreallotment of Channel 285C3 from Rosenberg to Missouri City, Texas, the modification of"(,))ZZ'"  xStation KLTO's license to specify Missouri City as the station's community of license; the  xsubstitution of Channel 242C2 for Channel 285A at Galveston, Texas, the reallotment of Channel  x242C2 from Galveston to Menard, Texas, and the modification of Station KLTP(FM)'s license accordingly, IS DISMISSED.   x13. The window period for filing applications for Channel 242A at Llano, Texas, will  Xv-open on July 14, 1997, and close on August 14, 1997.pp x14. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.   x15. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 4182180.  X - x` ` hhFEDERAL COMMUNICATIONS COMMISSION  Xb- hhJohn A. Karousos  XK- hhChief, Allocations Branch  X4- hhPolicy and Rules Division  X- hhMass Media Bureau  X-X` hp x (#%'0*,.8135@8: