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The community has its own taxing authority and  xJbond rating. Public education is provided by the Lewisville Independent School District, with  xfour of its schools located within Highland Village. Highland Village also has civic  xorganizations such as the Highland Village Women's Club, Keep Highland Village Beautiful,  xThe Newcomer's Club and various scout troops. BowieNacona, et al., states that local  xemployment is provided by the 57 businesses located within Highland Village. Finally, it states  xI that the Highland Village Lion's Club holds an annual Balloonfest and Fair which attracts crowds  xYof up to 30,000 people. BowieNacona, et al., states that upgrading Station KRJT from a Class  xC3 to a Class C, at the transmitter site which it proposes, would result in a gain in population  xserved of from 29,674 persons at present to 2,155,202 persons, and a gain in coverage area  xfrom its present 4,636 square kilometers to 26,475 square kilometers. Bowie, on the other  xhand, has a population of 4,990 persons, and will retain local aural service from coowned daytimeonly AM Station KRJT.   =x4. Station KPXI, Mount Pleasant, Texas, requests the substitution of Channel 264C2 for  xChannel 264C, the reallotment of the lower class channel to Overton, Texas, as the community's"#',^(^(JJP("  xfirst local aural service, and the modification of Station KPXI's license to specify Overton as its  xcommunity of license. BowieNacona, et al. states that Overton has a population of 2,105  xypersons. Further, while the community does not lie within any Urbanized Areas, Bowie xNacona, et al., states that Station KPXI would provide a 70 dBu signal to more than 50% of the  xTyler and Longview, Texas, Urbanized Areas. However, it maintains that Overton is a separate  xJand independent community. In support, BowieNacona, et al., states that Overton has its own  xhlocal government, consisting of a mayor/city manager/council. Municipal services provided by  xOverton include police and fire protection, water and sewage treatment and its own independent  x<school district. In addition, it states that Overton has its own local weekly newspaper, post  xoffice and zip code, churches, banks, libraries, parks, golf courses, tennis courts and community  xKcenter. Overton also has several major businesses which employ local residents, such as the  xOverton Health Care Center and the Overton ISD, an educational facility. BowieNacona, et  xJal., acknowledges that Mount Pleasant, with a population of 12,291 persons, is more populous  xthan Overton, but that Mount Pleasant will retain service from daytimeonly AM Station KIMP.  xHowever, it states that the fact that Mount Pleasant is larger and will retain only a daytimeonly  Y - x,AM station are not a bar to the reallotment, citing Fredericksburg and Helotes, Texas, 10 FCC  Y- xRcd 6580 (1995), recons. granted 11 FCC Rcd 22317 (1996). Further, it states that the  x,reallotment of Station KPXI, and the concomitant downgrade to Class C2 status, would enable  xthe station to provide service to an additional 79,279 persons. While Station KPXI, as a Mount  xPleasant Class C station provides service to 242,205 persons, BowieNacona, et al., states that  xit will be able to serve 321,484 persons as an Overton station. It acknowledges that the  xreallotment would result in a loss of service to 184,477 persons but states that the entire loss area will continue to receive service from five or more fulltime services.   x5. Dynamic Broadcasting, Inc., licensee of Station KORQFM, requests the substitution  xof Channel 263C for Channel 264C at Abilene, Texas, and the modification of the station's  xlicense to specify the alternate Class C channel at new transmitter site coordinates. Bowie x=Nacona, et al., states the change in channel and transmitter site is necessary so that it can  xincrease the tower height and thus increase its coverage area by 6,570.3 square kilometers and serve an additional 24,168 persons.   x6. In the joint counterproposal, BowieNacona, et al. proposes the substitution of  xChannel 291A for Channel 265C3 at Sulphur, Oklahoma, and the modification of the license of  xStation KFXT, Channel 265C3, Sulphur, to specify operation on Channel 291A at a new site.  xThe licensee of Station KFXT has agreed to the proposed operation on Channel 291A. As  xbackground to this matter, in MM Docket No. 91343, we substituted Channel 265C2 for  xLChannel 265A at Sulphur and modified the Station KFXT license to specify operation on  xChannel 265C2. 7 FCC Rcd 3182 (1992). Instead of Class C2 facilities, the licensee filed for  xClass C3 facilities and this application was granted on April 4, 1997 (File No. BPH960726IC).  xTechnically, under Section 73.3525(h) of the Rules, that application remained pending for 30  x days after that grant. The joint counterproposal was filed on April 21, 1997, after the grant date  xbut while the application was still "pending." The joint counterproposal contemplates Station  xYKFXT foregoing operation on Channel 265C3. Since the Channel 265C3 application remained  x"pending," there was a "dismissal" of a pending application under Section 1.420(j) of the Rules. "#',^(^(JJP("  xIn order to avoid a potential abuse of the Commission's processes, Section 1.420(j) requires that  xthe party dismissing its application certify that it has not received any consideration for the  x;dismissal in excess of its legitimate and prudent expenses and provide a copy of any agreement  xregarding the dismissal of its application. In this regard, the president of the Station KFXT  xylicensee submitted a declaration stating that no consideration is being paid or promised in  x.exchange for the dismissal of its application or foregoing Channel 265C3 facilities. The  xpresident further stated that reimbursement is only being paid for its future costs and expenses  xrelated to the frequency change and the transmitter site relocation. According to BowieNacona,  xet al., the change from Channel 265A to Channel 291A will enable Station KFXT to increase  xthe number of people it serves from 16,897 people to 32,132 people because Station KFXT will  xhnow be able to operate at a power of 6 kilowatts. Further, while the change in transmitter site  xiwill cause a loss of service to 4,215 persons, BowieNacona, et al., states that the entire loss area will continue to receive at least five aural services.   Mx7. Based on the record before us, we find that the public interest would be served by  xYgranting the proposal advanced by BowieNacona, et al. The substitution of Channel 264C for  x Channel 264C3 and the reallotment of the channel from Bowie to Highland Village, will provide  x;the community with its first local aural service and enable Station KRJT to greatly increase the  xnumber of people which it serves. Likewise, the substitution of Channel 264C2 for Channel  x264C and the reallotment of the channel from Mount Pleasant to Overton will provide that  xcommunity with its first local aural service and also enable Station KPXI to increase the number  xof people which it serves. Further, while the move from Mount Pleasant to Overton will cause  x145,170 people to lose service, it has been determined that the entire loss area is considered to  xJbe wellserved as it will continue to receive at least five fulltime aural services. We recognize  xthat neither station presently serves any urbanized areas and that Station KRJT at Highland  xVillage will cover 100% of both the Denton and Lewisville, Texas, urbanized areas and that  xStation KPXI at Overton will cover 100% of the Tyler and 75% of the Longview, Texas,  xurbanized areas. However, we believe that the demographic information supplied shows that  xboth communities are independent of the nearby urbanized areas. Both Highland Village and  xOverton have local governments which provide a variety of municipal services and each have  xbusinesses and civic organizations directed to the needs and interests of each community's  xresidents. Both Bowie and Mount Pleasant will retain local aural service from AM stations  xI which are licensed to their individual communities. We also find that the substitution of Channel  x263C for Channel 264C at Abilene and the modification of Station KORQFM's license to  x specify the alternate channel to be in the public interest since it will enable the station to relocate  xits transmitter site and erect a taller tower so that it may increase the number of people which  x=it serves. We will also grant the accommodating change of channel for Station KFXT at  xSulphur, Oklahoma, from Channel 265C3 to Channel 291A. In accordance with Commission  x;policy, Station KFXT states that it has reached an agreement concerning reimbursement for the  xcost of its change of channel and transmitter site with the licensees of Stations KRJT, KPXI and"#,^(^(JJ$"  Y-KORQFM.NXk xPy- xԍ In a supplemental pleading requested by the staff, BowieNacona, et al. and DFWU, Inc., state that DFWU  x[did not receive any financial consideration for withdrawing its granted, but not yet final, construction permit for Channel 265C3 at Sulphur (BPH960726IC). N  Y-Technical Summaryă   nx8. Channel 264C can be allotted to Highland Village in compliance with the  xCommission's minimum distance separation requirements with a site restriction of 57.5  Yv- xkilometers (35.7 miles) northwest to accommodate the petitioner's desired transmitter site.vk xP - xԍ The coordinates for Channel 264C at Highland Village are 332503 North Latitude and 973134 West Longitude.  xChannel 264C2 can be allotted to Overton with a site restriction of 22.8 kilometers (14.2 miles)  xnorthwest to avoid a shortspacing to the pending application (BPH970708IB) of Station KDVE  xifor Channel 262A at Tatum, Texas, which effectuates the change of channel and community  Y - xwgranted in MM Docket 9610. @k xP -ԍ The coordinates for Channel 264C2 at Overton 322726 North Latitude and 950514 West Longitude. See 12 FCC Rcd 4099 (1977). Although the Tatum application  xwas filed after the counterproposal herein and thus is not entitled to protection against the  xOverton proposal, it is the Commission's policy to accommodate pending applications whenever  xpossible. In this case, we have identified a nonconflicting transmitter site for the Overton  xallotment, which according to the staff engineering study, will enable the Overton station to  xwincrease the population which it will serve by 3,306 persons. Therefore, we believe the public  xinterest would be served by altering the reference coordinates from that proposed in the  Yy- xcounterproposal for the Overton allotment. See Conflicts Between Applications and Petitions  Yb- xfor Rule Making to Amend the FM Table of Allotments, 8 FCC Rcd, 4743 n.12 (1993). See  YK- xwalso, Hardinsburg, Kentucky, 7 FCC Rcd 1746 (1992) (when possible, we have modified a rule  xmaking proposal to specify an alternate site or channel to accommodate an application). Channel  x263C can be allotted to Abilene with a site restriction of 33.5 kilometers (20.8 miles) southwest  Y- xto accommodate the licensee's desired transmitter site.k xP-ԍ The coordinates of Channel 263C at Abilene are 322157 North Latitude and 1000258 West Longitude. Channel 291A can be allotted to Sulphur  x-in compliance with the Commission's minimum distance separation requirements with a site  xrestriction of 12.7 kilometers (7.9 miles) north to accommodate Station KFXTFM's desired  Y- xtransmitter site. ` k xP!-ԍ The coordinates for Channel 291A at Sulphur are 343722 North Latitude and 965837 West Longitude. Mexican concurrence in the allotment of Channel 263C at Abilene has been  xYreceived since the community is located within 320 kilometers (199 miles) of the U.S.Mexican border.   x9. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  x(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 August 31, 1998, the FM"7 ,^(^(JJ["  xTable of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows:  Y-x` `  Cityhh@hppChannel No.  Y-x` `  Sulphur, Oklahoma@hpp291A  Yv-x` `  Abilene, Texas@hpp263C  Y_-x` `  Bowie, Texashh@hpp  YH-x` `  Highland Village, Texashpp264C  Y1-x` `  Mount Pleasant, Texashpp  Y -x` `  Overton, Texas@hpp264C2  xx 0(#(#X   x10. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications  xAct of 1934, as amended, that the license of BowieNacona Broadcasting Company, Inc., for  xiStation KRJTFM, IS MODIFIED to specify operation on Channel 264C, in lieu of Channel  xi264C3, and to specify Highland Village, Texas in lieu of Bowie, Texas, as its community of license, subject to the following conditions:  Yb-  Xx(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).(#   jXx(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   llocation or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules.(# x   x11. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications  xAct of 1934, as amended, that the license of East Texas Broadcasting Company, Inc., for Station  x,KPXI, IS MODIFIED to specify operation on Channel 264C2, in lieu of Channel 264C, and to  xspecify Overton, Texas in lieu of Mount Pleasant, Texas, as its community of license, subject to the following conditions:  Y-  Xx(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).(#   jXx(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   llocation or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules.(# x"#' ,^(^(JJP("Ԍ  x12. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the  xCommunications Act of 1934, as amended, the licenses of Dynamic Broadcasting, Inc., for  xStation KORQFM, Abilene, Texas, and DFWU, Inc., for Station KFXT, Sulphur, Oklahoma,  xARE MODIFIED to specify operation on Channels 263C and 291A, respectively, in lieu of Channels 264C and 265C3, subject to the following conditions:   Xx(a) Nothing contained herein shall be construed as authorizing any change in Station   KORQFM's license, BMLH950925KB, and Station KFXT's license, BLH791029AN,   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 construction permit (FCC Form 301).(#   Xx(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 licenses   \BMLH950925KB and BLH791029AN, except for the channel as specified above and   !a license application (FCC Form 302) is filed within 10 days of commencement of program tests.(#  Yb- x 13. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report and  YK- xOrder by Certified Mail, Return Receipt Requested, to the licensee of Station KFXT, as follows: KFWU, Inc., 1101 Highway 81 North, Marlow, OK 73055.   x14. IT IS FURTHER ORDERED, That the petition of Tom Stamper to allot Channel  x291A to Pauls Valley, OK, and the counterproposal of Carter County Broadcasting to allot Channel 291A to Ratliff City, OK, ARE DISMISSED. x15. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.   x6. 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