WPC% 2HBEX@Z3|P (TT) yO-#X\  P6G;qP#"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[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*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[SSSSSSSHP LaserJet 4/4Mom 565A_1 LPT2)HPLAS4.WRSSC\  P6Q,, vP2s Ez@X yO-#X\  P6G;-.P#Times New Roman (TT)Roman"5@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg[[GOee*,KO.wROOn[CfxKxWlRx[][ceIfIs`Wx[rriwge((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKSy.C8*XɄC\  P6QPxy.K8?XqK\  P@QP#'+-/537"(%$=?AEIK>F  E;C98  (,#$   &*WPCB 227 @ @ 53|P"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[[[[_ee*C`_.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*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@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddloss of service on which the public has come to rely on, citing Pawley's Island and Atlantic  X- xBeach, South Carolina, 8 FCC Rcd 8657 (1993); Glencoe and Le Sueur, Minnesota, 7 FCC Rcd  X- x7651 (1992); and Sanibel and San Carlos Park, Florida, 10 FCC Rcd 7215 (1995). It also  xcontends that by allotting Channel 254A to Benavides, the Commission would be adopting a  xproposal that would permit both communities to receive their first local aural services. Petitioner  xLstates that if Channel 299C2 is reallotted to Bruni and Channel 254A to Benavides, it will apply for both channels."e,))ZZ"Ԍ  1ԙx3. Withers and Villarreal filed comments opposing petitioner's change of community  xproposal, noting that they believe that Bruni may not qualify as a community for allotment  xpurposes. Villarreal contends that Bruni lacks official identity, inclusion in the U.S. Census and  xhas a minute population. He suggests that petitioner's motivation behind this proposal is to  xmove in another station to Laredo, Texas. Villarreal states that adoption of petitioner's  xZreallotment proposal could have devastating results upon the broadcasters of Laredo, noting that  xthe community is already oversignaled by 5 FM and 3 AM signals on the Texas side, and by 14 signals from the Mexican border town of Nuevo Laredo.  X1-  x4. In response to the Notice, Sound Investments filed a counterproposal that advances  xjtwo options for consideration. First, it requests the substitution of Channel 298C2 for Channel  x276A at Rio Grande City, Texas, the modification of Station KCTMFM's license accordingly,  xand the allotment of Channel 254A at Benavides, Texas, as that community's second local FM  x-service. In its second option, Sound Investments requests the substitution of Channel 298C2 for  xChannel 276A at Rio Grande City, Texas, and the modification of Station KCTMFM's license;  x=the substitution of Channel 254A for Channel 299C2 at Benavides, Texas; and the allotment of  xjChannel 299C3 at Bruni, Texas. Sound Investments disagrees with petitioner's claim that Bruni  xis a community for allotment purposes. It notes that Bruni is not incorporated, nor is it listed in  xthe U.S. Census. Bruni has no local government or local law enforcement system. Sound  xInvestments advises that the Webb County Consolidated School System operates the schools for  xZBruni residents and the County provides all of the road maintenance services. Water is furnished  xby Los Ojuelos In Miranda City. It is a community that has less than 500 residents which has  xno newspaper, airport, or Chamber of Commerce. Sound Investments argues that if petitioner wished to serve Bruni, its current construction permit already allows it to do so.   x5. In reply comments, petitioner refutes Villarreal and Sound Investments' contention that  xits proposal represents an attempt to serve Laredo at the expense of the community of Bruni.  x=Petitioner states that Bruni is located 64 kilometers from Laredo, that no transmitter site can be  x located west of Bruni in the direction of Laredo, and that it would be impossible to install a  xMbooster in Laredo to improve service, since this would create an interference conflict with a  x[Mexican allotment. Petitioner submits that its engineering denotes that the 60 dBu contour for  x the proposed Bruni facility barely approaches Laredo. It states that Bruni is not within the  xLLaredo Urbanized Area but is an independent rural community with its own distinct needs and  xinterests. Furthermore, petitioner admits that while Bruni has a small population, this has not  xprecluded the Commission from reallotting channels from a larger to a much smaller community,  X- xciting Midway, Florida, et al., , Kindred and Oakes, North Dakota, 7 FCC Rcd 1996 (1992),  X - xCallahan, Florida, And St. Marys, Georgia, 6 FCC Rcd 7564 (1991), New Bern and Oriental,  X!- xnorth Carolina, 6 FCC Rcd 5309 (1991) and Holly Springs and Byhalia, Mississippi, 6 FCC Rcd  x4305 (1991). Additionally, petitioner contends that while Bruni relies on Webb County for some  xkof its local services, this does not negate the fact that it is a separate community. Petitioner  xacknowledges that although law enforcement is provided through the Webb County Sheriff's"h$,N(N(ZZ(#"  X- x=office, there is a substation in Bruni which contains a Justice of the Peace and Sheriff's office.  yOy- xZԍ As part of its documentation, petitioner has submitted a letter from Judge Alfredo Garcia, Jr., the Justice of  xthe Peace that works at the Bruni Substation. The letter describes Bruni as a vibrant growing community. It also  xnotes that the community has its own volunteer fire department, Lions Club and is in the process of setting up an ambulance service and Knights of Columbus.   xIn further support of its proposal, petitioner has submitted a petition containing the names of over  x120 residents of Bruni attesting to the fact that they view themselves as residents of an independent community, having separate problems and interests.  6$rq   6$rq    x6. In reply comments, Sound Investments states that petitioner has done everything  x|within its power to make the hamlet of Bruni appear to be a community with sufficient  xsignificance to warrant a Class C2 allotment. It submits that there is no "Bruni School System,"  xand even though there is a school located in the vicinity of Bruni, it is a county school covering  xa large rural area. Sound Investments further argues that adoption of petitioner's reallotment  xproposal would reward petitioner for its own failure to put Station KXTMFM on the air and  xprovides petitioner with a reason for keeping KXTMFM off the air pending the outcome of this  xproceeding. It suggests that such a result is contrary to the public interest and the Commission  x=should charge petitioner with the responsibility of providing service to the area it proposed to  xMreach when it received a grant of its construction permit. Furthermore, Sound Investments  xargues that adoption of Station KCTMFM's upgrade would be provided without any loss in  xauthorized service; thus Sound contends that its counterproposal is superior to that of petitioner's  xchange of community proposal. Finally, it contends that there is no need for Sound Investments  xto advocate the concept of an alternate channel at Bruni since it believes that Bruni does not  xyqualify as a community for allotment purposes. Thus, Sound Investments requests withdrawal  x-of its second option advanced in its counterproposal and restates its interest for the substitution  xMof Channel 298C2 for Channel 276A at Rio Grande City, Texas, while preserving the present  X-allotment of Channel 299C2 for Benavides. yOg- xԍ Sound Investments also filed a supplement to its comments indicating that adoption of its proposal would provide a first aural service to a population of 4,533 and a second such service to a population of some 2,360.   >x7. In response to Sound Investments' pleadings, petitioner claims that when a comparative  xkanalysis is made between the relative needs of Bruni for a first transmission service and Rio  xGrande City for expanded service, the Bruni proposal is afforded a higher priority pursuant to  X- x=the allotment priorities, citing Revision of FM Assignment Policies and Procedures, 90 FCC 2d  x88 (1982). Petitioner rejects the claim that Bruni is undeserving of community status noting it  xhas provided a statement of over 120 Bruni residents showing that these residents function as and  xconceive of themselves as residents of the community of Bruni. Petitioner states it has provided  x\objective indications of community status which included examples of social, religious, and  xMcommercial organizations and services in the community. Based on the evidence provided,  X - xpetitioner believes the Commission must favor the proposal for a new service at Bruni over that  X-of an expanded service at Rio Grande City.  ",N(N(ZZ"Ԍ X-  x8. Discussion It is the Commission's policy that, if a community is not incorporated or  x?listed in the census reports, the proponents of an allotment must show the place to be a  X- xi"geographically identifiable population grouping."y yOK-ԍ See Revision of FM Assignment Policies and Procedures, supra.y Although the proponents need not show that  x.the borders of the locality are precisely ascertainable, what must be shown is that residents of  x=the locality are commonly regarded as a distinct group. This can be proven by the "testimony  xzof local residents or by objective indications of the existence of a common perception that a  Xv- x locality's populace constitutes a distinct 'geographical population grouping'.fvX yO -ԍ See Semora, North Carolina, 5 FCC Rcd 934 (1990).f Examples of  xobjective indications of community status may include photographs indicating the existence of  XH-political, commercial, social and religious organizations, and services in the community. H yO -ԍ See Pierce, Bloomington, Markham, San Pedro and Bishop, Texas, 8 FCC Rcd 3528 (1993).   x9. Based upon the showing submitted by petitioner, we find that Bruni is a community  xfor allotment purposes. Petitioner submitted various types of evidence to support its claim, such  xas photographs of Bruni High School, U.S. post office, and a number of businesses that identify  xthemselves with Bruni. A letter from the Justice of Peace states that the community has its own  xfire department and Lions Club. Bruni also has its own listing in the Southwestern Bell  xTelephone Directory. That directory contains listings of a number of businesses located in the  x[community. Petitioner also submitted a petition signed by a number of individuals attesting to  xtheir belief that Bruni is a community. Accordingly, we believe that the record in this proceeding is sufficient to find that Bruni is a community.   |x10. Having found Bruni to be a community for allotment purposes, there are now two  xpending proposals in this proceeding. These are a new allotment at Bruni (Channel 299C2) and  xBenavides (Channel 254A) and the proposed nonadjacent upgrade of Station KCTMFM at Rio  xGrande City, Texas, to specify operation on Channel 298C2. Conflicting proposals are  X- xcomparatively considered under the guidelines set forth in Revision of FM Assignment Policies  X- xand Procedures, 90 FCC 2d 88 (1982). In comparing conflicting proposals, the priorities are as follows: x` ` (1) First fulltime aural service; x` ` (2) Second fulltime aural service; x` ` (3) First local service; x` ` (4) Other public interest matters; x` ` [Coequal weight is given to priorities (2) and (3)].  xApplying these priorities, we find that this case can be decided under Priority Onefirst fulltime  xaural service. Based upon the Commission's engineering analysis, we find that adoption of Sound  xInvestments' proposal to upgrade Station KCTMFM on Channel 298C2 to Rio Grande City will  x\result in a first fulltime aural service (white area) to 5,218 persons in an area of 1,079 square"!x ,N(N(ZZ "  X- xkilometers.] X yOy- xxԍ The Commission's engineering analysis has taken into account that Mexico has concurred in the allotment  yOA- xof Channel 298C2, Rio Grande City, as a specially negotiated shortspaced allotment. See infra para. 12 for a description of these restrictions. ] By way of contrast, the proposed reallotment of Channel 299C2 from Benavides  xto Bruni would provide a first aural service to 639 persons in an area of 368 square kilometers.  xBecause the amount of first fulltime aural service is much greater under Sound's proposal, we  xfind that it would better serve the public interest to grant Sound's proposal than to adopt the petitioner's proposed reallotment to Bruni and replacement allotment at Benavides.   !x11. Our conclusion is further buttressed by the fact that, even under coequal Priorities  xTwo and Three, Sound's proposal would also be favored. Specifically, Sound's proposed upgrade  xwould provide a second fulltime aural service to 3,837 persons (gray area) in an area of 1,539  xLsquare kilometers. By way of contrast, the petitioner's proposed reallotment of Channel 299C2  xLto Bruni and the replacement allotment of Channel 254A at Benavides would provide a second  xNfulltime aural service to a total of 961 persons in an area of 495 square kilometers under  X - xPriority Two.e X  yO- xԍ Of the 961 persons that would receive a second fulltime service, the reallotment to Bruni would account for  x444 persons in an area of 309 square kilometers, and the replacement allotment of Channel 254A at Benavides would account for 517 persons in an area of 186 square kilometers.e The petitioner's proposal would also provide a first local service under Priority  xjThree to Benavides (population 1,788) and Bruni (population 375). Combining the 961 persons  xthat would receive a second fulltime service and the 3,124 persons in Bruni and Benavides that  xwould receive a first local service, the petitioner's proposal triggers Priorities Two and Three for  x.a total of 3,124 persons. Since Sound's proposal would provide service to a greater number of  Xy- xpeople under Priority Two (i.e., 3,837 persons) than would the petitioner's proposal under  x{Priorities Two and Three, Sound's proposal would also be favored under these allotment priorities.   x12. Channel 298C2 can be allotted to Rio Grande City, Texas, in compliance with the  X- x\Commission's minimum distance separation requirements.  yO-ԍ The coordinates for Channel 298C2 at Rio Grande City are 262242 NL and 984848 WL. Mexican concurrence has been  xkobtained for this allotment since Rio Grande City is located within 320 kilometers (200 miles)  X- xof the U.S.Mexican border as a specially negotiated, restricted allotment.  yO! - xwԍ Channel 298C2, Rio Grande City, is limited to 3.3kw ERP and 148m HAAT or the equivalent along the 310.5  xdegree azimuth towards Channel 297A in Ciudad Guerrero, TA and limited to 11.6kw ERP and 150m HAAT or the  x<equivalent along the 330.6 degree azimuth towards Channel 297B*(L) (which is limited to 39kw ERP and 150m HAAT) in Nuevo Laredo, TA.  Therefore, we will  xmodify Station KCTMFM's authorization to specify operation on Channel 298C2 in accordance with Section 1.420(g) because no other expression of interest was filed.   ?x13. 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"e ,N(N(ZZ"  x0.283 of the Commission's Rules, IT IS ORDERED, That effective March 9, 1998, the FM Table  x[of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows:  X-x` ` City hh Channel No. x` `    Xv-x` `  Rio Grande City, Texash 298C2  XH-   3'3'Current Windows Form 3'3'Current Windows FormSx  ݌X     #XP\  P6Q DXP#x14. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act  x[of 1934, as amended, that the license of Sound Investments Unlimited, Inc. for Station KCTM xFM, Rio Grande City, Texas, IS MODIFIED to specify operation on Channel 298C2, in lieu of Channel 276A , subject to the following conditions:  X -  ^x(a) Within 90 days of the effective date of this Order, the licensee shall submit to the xCommission a minor change application for a construction permit (Form 301).   x(b) Upon grant of the construction permit, program tests may be conducted in accordance  Xy- xwith Section 73.1620. x(c) Nothing contained herein shall be construed to authorize a change in transmitter  X4-xlocation or to avoid the necessity of filing an environmental assessment pursuant to (#(#XxSection 1.1307 of the Commission's Rules.  X-x 3'3'Current Windows FormSx  3'3'Current Windows FormSx  ݌X  XX А X-  #Xj\  P6G; DXP#x15. 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  xproceeding, Sound Investments Unlimited, Inc., licensee of Station KCTMFM, 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   2x16. Accordingly, IT IS ORDERED, That the petition for rule making submitted by  xBenavides Communications to reallot Channel 299C2 from Benavides to Bruni, Texas, and to  X -allot Channel 254A to Benavides IS DENIED. h x17. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. "  ,N(N(ZZ"   x18. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 4182180.  X- x` ` hhFEDERAL COMMUNICATIONS COMMISSION  X1- hhJohn A. Karousos  X - hhChief, Allocations Branch  X - hhPolicy and Rules Division  X - hhMass Media Bureau