******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 98-40 Table of Allotments, ) RM-9240 FM Broadcast Stations. ) (Gurdon, Arkansas) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 17, 1998 Released: June 26, 1998 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 13 FCC Rcd 6419 (1998), issued in response to a petition filed on behalf of PGR Communications, Inc. ("petitioner"), licensee of Station KYXK(FM), Channel 224A, Gurdon, Arkansas. The Notice proposed the substitution of Channel 295A for Channel 224A at Gurdon, and modification of the license for Station KYXK(FM), as requested. Petitioner filed supporting comments in response to the Notice. No other comments were received. 2. As indicated in the Notice, petitioner's proposal is premised on its desire to increase the effective radiated power of Station KYXK(FM) to full Class A facilities, a benefit from which it is presently precluded due to minimum distance separation constraints. Petitioner advises that the substitution of channels at Gurdon will enable it to achieve its goal to improve the facilities of Station KYXK(FM), and expand its coverage area to 26,204 persons within an area of approximately 2,506 square kilometers, representing an increase of 8,553 persons and an area gain of approximately 822 square kilometers. 3. In light of the above, we believe the public interest would be served by substituting Channel 295A for Channel 224A at Gurdon, Arkansas, since it would provide an expanded coverage FM service to the community. Therefore, we will grant the petitioner's modification request. 4. As stated in the Notice, Channel 295A can be allotted to Gurdon consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing the petitioner's suggested site located 4.9 kilometers (3 miles) northwest of the community at coordinates 33-56-59 and 93-11-08. 5. 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 August 10, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to Gurdon, Arkansas, as follows: City Channel No. Gurdon, Arkansas 295A 6. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of PGR Communications, Inc. for Station KYXK(FM), Gurdon, Arkansas, (File No. BLH-850103KP), IS MODIFIED to specify operation on Channel 295A in lieu of its present operation on Channel 224A, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station KYXK(FM)'s license (File No. BLH-850103KP), except the channel as specified above. Any other changes, except those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for a 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 facilities comply in all respects with Station KYXK(FM)'s authorization, except for the channel as specified above, and a license application (FCC Form 302) is filed within 10 days of commencement of program tests. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau