WPC 2B3T 3|J)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (TT) LPT2onal)HPLAS4.WRSSx  @,, S{X@2@3P Z@3|JTimes New Roman (TT)Times New Roman (Bold) (TT)HP LaserJet 4/4M 565A LPT2onal)HPLAS4.WRSSC\  P6Q,, S{P"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[SSSSSSS2@OXA @ "5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\ S- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6QP#X01Í ÍX01Í Í#&J\  P6Q &P#"y.C8*XC\  P6QP#2J=.X &J\  P6Q&P.$2N=.X7&N4  pQ&P,%X)J,\  P6QJP==\\=\=7t=ddddioo.Iii2[\\ydCpi`vZdfdloPpPi`d}}tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fRfR=\f3=f3f\ffRG=f\\\RH(H`=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Id77=ic.=7<\\zzzzGGGGipf\\\\\\RRRRR3333\f\\\\\d\ffff\f"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7<\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f2Z@MD "y.C8*XC\  P6QP#2J=.X &J\  P6Q&P.$2N=.X7&N4  pQ&%P,%X)J,\  P6QJPI(!XI,(\  P6Q,P &Diories:&Select Select FileView&Add... &Insert...Save changes to ^0? Rep"5@^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<77777772@R"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<the substitution of Channel 237A for Channel 299A at Jacksboro, Texas, and the modification of the  2 Station KJKB construction permit at Jacksboro to specify operation on Channel 237A. In turn, the  2-Channel 237A substitution at Jacksboro required Heftel to also propose the substitution of Channel 240C3  2Mfor Channel 240C1 at Mineral wells, Texas, and modification of the Station KYXS license at Mineral Wells to specify operation on Channel 240C3.  S-  .4. In response to the Notice of Proposed Rule Making and Order to Show Cause, Jerry Snyder  2and Associates, Inc. ("JSA"), Heftel, Hunt Broadcasting, Inc., and Metro Broadcasters filed Comments.  S8-JSA, Heftel, and Metro Broadcasters filed Reply Comments. H89 yO- 2ԍGraham Newspapers, Inc., licensee of Station KWKQ, Channel 296C3, Graham, Texas, filed a counterproposal  2,proposing a Channel 296C2 upgrade for Station KWKQ. This counterproposal was filed after the comment date in  2this proceeding in contravention of Section 1.420(d) of the Rules and was contingent on Channel 237A being  2substituted for Channel 299A at Jacksboro, Texas. As such, this counterproposal is unacceptable for consideration in the context of this proceeding. H  S-  .?5. The proposed Channel 237A substitution at Jacksboro in MM Docket No. 9791 is mutually  2[exclusive with the Channel 237C2 upgrade counterproposal for Station KHYI at Howe, Texas, advanced  2=in MM Docket No. 9726. For this reason and in the absence of an alternate channel for either Howe or Jacksboro, it is necessary to consolidate these proceedings.  S-MM Docket No. 9726  Sm-  .6. We are allotting Channel 294C2 to Detroit, Texas, as a first local service.mx9 yO!- 2ԍThe reference coordinates for the Channel 294C2 allotment at Detroit, Texas, are 334916 and 952416. This site is 22 kilometers (13.7 miles) northwest of Detroit. We are also  S:- 2allotting alternate Channel 222C2 to Antlers, Oklahoma, as a first local service.:9 yO$-ԍThe reference coordinates for the Channel 222C2 allotment at Antlers, Oklahoma, are 341245 and 954213. We are dismissing the  2Metro Broadcasters counterproposal for a Channel 237C2 upgrade at Howe, Texas. That counterproposal  2=would require Station KITX, Hugo, Texas, to change its change from Channel 238C2 to Channel 294C2.  2.This counterproposal was defective because of the failure of Metro Broadcasters to state its willingness"` ,l(l(,, "  S- 2to reimburse the licensee of Station KITX for changing its channel. See Lonoke, Arkansas and Clarksdale,  S- 2=Mississippi, 6 FCC Rcd 4861 (1991); York,Alabama, 4 FCC Rcd 6923 (1989); Circleville, Ohio, 8 FCC  22d 159 (1967). Counterproposals must be technically and procedurally correct at the time of the filing.  Sg- 2Fort Bragg, California, 6 FCC Rcd 5817 (1991); Bixley, Oklahoma and Coffeyville, Kansas, 3 FCC Rcd  2.After the comment and reply comment dates in this proceeding, Metro Broadcasters filed Supplemental  2Comments in which it stated its willingness to reimburse the licensee of Station KITX in Hugo for the  2costs of changing its channel. We cannot accept this latefiled submission to cure the Metro Broadcasters  2[counterproposal because it would prejudice the mutually exclusive Heftel proposals in MM Docket No.  Sh- 29791. Scottsboro, Alabama, Trenton, Georgia, and Signal Mountain, Tennessee, 6 FCC Rcd 6111 (1991);  S5-Boalsberg, Pennsylvania, 7 FCC Rcd 7653 (1992).59 yO -  .ԍ6. As stated earlier, the Metro Broadcasters counterproposal in MM Docket No. 9726 for a Channel 237C2  2upgrade at Howe, Texas is mutually exclusive with the Heftel proposal for a Channel 300C1 upgrade and reallotment  2Yto Lewisville, Texas, and the Channel 300A reallotment to Robinson, Texas. This mutual exclusivity arises because  2the Heftel proposals require that Channel 237A be substituted for Channel 299A at Jacksboro, Texas, while the Metro Broadcasters counterproposal for the upgrade at Howe requires that Channel 299A be retained at Jacksboro.    ."7. Even if we were to accept the Metro Broadcasters counterproposal in this proceeding, we  2would not have preferred the proposed upgrade at Howe, Texas, over the Lewisville and Robinson, Texas,  2reallotment proposals in MM Docket No. 9791. As noted earlier, these proposals are mutually exclusive  2in that the Lewisville and Robinson reallotment proposals require that Channel 237A be substituted for  2Channel 299A at Jacksboro, and that the Howe upgrade proposal conflicts with this proposed Channel  2237A substitution at Jacksboro. In evaluating these competing FM allotment proposals, our decision  S - 2would have been based on the FM allotment priorities set forth in Revision of FM Assignment Policies  Sj- 2<and Procedures ("FM Priorities"), 90 FCC 2d 88 (1982).jx9 yO- 2xԍThe 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 this instance, the Heftel proposal will provide  2first local services to Lewisville and Robinson, Texas, and result in a net service gain to approximately  2.3,248,422 persons and would have been preferred over the Metro Broadcasters proposal for an upgrade at Howe which would have served an additional 137,974 persons.  Sk-MM Docket No. 9791ă   .8. We are granting the two reallotment proposals. First, we are substituting Channel 300C1 for  2jChannel 300C2 at Gainesville, Texas, are reallotting Channel 300C1 Lewisville, Texas, and are modifying  S- 2ythe construction permit of Station KECS to specify operation on Channel 300C1 at Lewisville.9 yO-ԍThe reference coordinates for Channel 300C1 at Lewisville, Texas, are 331733 and 971346. Second,  2we are substituting Channel 300A for Channel 300C1 at Corsicana, Texas, are reallotting Channel 300A  2to Robinson, Texas, and are modifying the license of Station KICI to specify operation on Channel 300A  S- 2at Robinson.` 9 yO#-ԍThe reference coordinates for Channel 300A at Robinson, Texas, are 312658 and 970727. These actions will provide a first local service to Lewisville, with a population of 46,521  2Zpersons, and Robinson, with a population of 7,111 persons. The reallotment of Channel 300A to Robinson  2\warrants a preference as a first local service even though Station KICI will provide a 70 dBu signal to  Sm- 270% of the Waco Urbanized Area. See Headland, Alabama and Chattahoocie, Florida, 10 FCC Rcd 10352  S:- 2(1995); see also RKO General (KFRC), 5 FCC Rcd 3222 (1990) and Faye and Richard Tuck, 3 FCC Rcd  25374 (1988). Robinson has its local government and elected officials, Chamber of Commerce, civic" ,l(l(,,"  2@organizations and independent school system. In addition to local businesses and commercial  2.establishments, Robinson has its own medical and dental clinics. Finally, Robinson has its own fulltime  2=police department, volunteer fire department and water treatment plant. In view of the foregoing, a first  2.local service preference for Robinson would have been warranted even though Station KICI will provide  2>a 70 dBu signal to 70% of the Waco Urbanized Area and the population of Waco is 103,590 persons compared to the Robinson population of 7,111 persons.   .9. The Lewisville and Robinson reallotments will result in a net gain of service to 3,248,422  2persons and the populations that will lose service will continue to receive at least five aural services. In  2jthis regard, we note that Gainesville will continue to receive local service from two fulltime aural services  2while Corsicana will continue to receive local service from one fulltime aural service. To accommodate  2>these reallotments, we will also substitute Channel 237A for Channel 299A at Jacksboro, Texas, and  S - 2modify the Station KJKB construction permit to specify operation on Channel 237A. 9 yO -ԍThe reference coordinates for Channel 237A at Jacksboro, Texas, are 331306 and 980948. In accordance with  Si - 2MCircleville, Ohio, 8 FCC 2d 159 (1967), Heftel will be required to reimburse Hunt Broadcasting, Inc., permittee of Station KJKB, for the costs incurred in changing its channel.   .10. The Channel 237A substitution at Jacksboro conflicts with the Channel 240C1 allotment at  2Mineral Wells, Texas. In its Petition for Rule Making, Heftel proposed that this allotment be downgraded  Sj- 2to Channel 240C3. In regard to the Mineral Wells allotment, Heftel referred to our Report and Order in  2MM Docket No. 90555, 7 FCC Rcd 1791 (1992), in which we modified the license of Station KYXS,  2Channel 240C3, Mineral Wells, Texas, to specify operation on Channel 240C1. The construction permit  2to implement that upgrade expired October 15, 1994, and was cancelled on December 13, 1994.  2Thereafter, JSA, licensee of Station KYXS filed a second application to implement its Channel 240C1  2upgrade at Mineral Wells (File No. BPH961125IG). In regard to the channel allotment at Mineral Wells,  S8- 2the Order to Show Cause in this proceeding proposed modification of the Station KYXS license to specify  2operation on Channel 240C3. JSA filed Comments and Reply Comments in opposition to this proposed downgrade.   .11. On February 12, 1998, Heftel and JSA filed Joint Reply Comments proposing a resolution  2of this matter. Pursuant to the proposed resolution, JSA would amend its pending application to a site  2approximately 43 kilometers (26.7 miles) southwest of Mineral Wells. In turn, this would permit the  2KChannel 237A substitution at Jacksboro. In the Joint Reply Comments, Heftel and JSA recognize that JSA  2will incur a significant expense in securing the new transmitter site and this Class C1 facility will serve  2fewer persons and "be less commercially viable" that the current proposed Class C1 facility at Mineral  2.Wells. In recognition of this fact, Heftel has agreed to compensate JSA for amending its application and the decrease in the value of its Class C1 facility at Mineral Wells..   .012. We have reviewed this settlement proposal in conjunction with Section 1.420(j) of the Rules  Sn- 2and Amendment of Section 1.420 and 73.3528 of the Commision's Rules Concerning Abuses of the  S;- 2[Commission's Processes ("Abuses of Processes"), 5 FCC Rcd 3911 (1990). In Abuses of Processes, the  20Commission determined that compensating a party in an allotment rulemaking proceeding for the  2kwithdrawal of its counterproposal or an expression of interest is limited to the legitimate and prudent  2expenses incurred in advancing the proposal. This limitation also applies to proposals that are  2K"functionally equivalent" to a counterproposal such as a onestep upgrade application filed by the comment date in the rulemaking proceeding.   .|13. Inasmuch as the JSA application was pending on the comment date in this proceeding, we"$X ,l(l(,,}("  S- 2must consider this settlement under the restrictions set forth in Abuses of Processes. Under Abuses of  S- 2Processes, we cannot approve, in the context of this proceeding, the aspect of this settlement which  2permits JSA to receive consideration in excess of its legitimate and prudent expenses. This restriction  2-applies with respect to either the dismissal or modification of the pending JSA application proposing Class  S4- 2[C1 facilities at Mineral Wells. Unlike the situation in Thunderbolt Broadcasting Company, 13 FCC Rcd  26959 (1998) which involved a change in an existing authorization, JSA is being compensated for  2=amending a pending application to a site that will be "less commercially viable" which clearly appears to  S- 2>be in excess of its actual expenses in amending its application and relocating to the new site. C.f. The  Sh- 2jDalles and Corvallis, Oregon, 13 FCC Rcd 6596 (1998), recon. pending. To this end, we will modify the  2Station KECS construction permit to specify operation on Channel 300C1 at Gainesville, the Station KICI  2license to specify operation on Channel 300A at Robinson, and the Station KJKB construction permit to  S- 2specify operation on Channel 237A. However, in each instance, program test authority is being withheld  2pending grant of a construction permit for Station KYXS at Mineral Wells that would accommodate a  2Channel 237A operation by Station KJKB at Jacksboro, and a certification of compliance with Section 1.420(j) of The Rules by JSA and Heftel.   .N14. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303 (g) and (r) and  2307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the  2Commission's Rules, IT IS ORDERED, That effective October 6,  %h 1 %h 998, the FM Table of Allotments,  2Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows:  S-` `  MCityhhXppChannel No.  S8-` ` Detroit, TexashhXpp 294C2  S-` ` Gainesville, TexashhXpp  S-` ` Jacksboro, TexashhX 237A  S-` ` Lewisville, TexashhX 300C1  Sl-` ` Robinson, TexashhXpp 300A  S9-` ` Antlers, OklahomahhXpp284A, 222C2   xxb    .15. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act  2 of 1934, as amended, the construction permit of Heftel Broadcasting Corporation for Station KECS,  2Channel 300C2, Gainesville, Texas, IS MODIFIED to specify operation on Channel 300C1 at Lewisville, Texas, in lieu of Channel 300C2 at Gainesville, subject to the following conditions:  S- +Q` ` (a) Within 90 days of the effective date of this Order, the permittee shall submit to the  +` ` Commission a minor change application for construction permit (FCC Form 301), ` ` specifying the new facility;  +` ` (b) Upon grant of the construction permit, program tests may not be conducted in  +n` ` accordance with Section 73.1620 of the Rules unless Station KYXS, Mineral Wells, Texas,  +` ` has been granted a construction permit for Class C1 facilities at a site that would ` ` accommodate an operation on Channel 237A by Station KJKB, Jacksboro, Texas; and  +` ` (c) Nothing contained herein shall be construed to authorize a change in transmitter site  +_` ` or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 ` ` of the Commission's Rules.   .16. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act"=' ,l(l(,,+" of 1934, as amended, the license of Heftel Broadcasting Corporation for Station KICI, Channel 300C1,  2Corsicana, Texas, IS MODIFIED to specify operation on Channel 300A at Robinson, Texas, in lieu of Channel 300C1 at Corsicana, subject to the following conditions:  S4- +` ` (a) Within 90 days of the effective date of this Order, the licensee shall submit to the ` ` Commission a minor change application for construction permit (FCC Form 301), ` ` specifying the new facility; ` ` (b) Upon grant of the construction permit, program tests may not be conducted in  +n` ` accordance with Section 73.1620 of the Rules unless Station KYXS, Mineral Wells, Texas,  +` ` has been granted a construction permit for Class C1 facilities at a site that would ` ` accommodate an operation on Channel 237A by Station KJKB, Jacksboro, Texas; and  +o` ` (c) Nothing contained herein shall be construed to authorize a change in transmitter site  +_` ` or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 ` ` of the Commission's Rules.   .17. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act  2of 1934, as amended, the construction permit of Hunt Broadcasting, Inc. for Station KJKB, Jacksboro,  2\Texas, IS MODIFIED to specify operation on Channel 237A in lieu of Channel 299A, subject to the following conditions:  +S` ` (a) Nothing contained herein shall be construed as authorizing any change in the ` ` authorization for Station KJKB except for the channel as specified above. Any other ` ` change, except for those specified under Section 73.1260 of the Rules, require prior ` ` authorization pursuant to an application for construction permit (FCC Form 301); ` ` (b) Program tests may not be conducted in accordance with the provisions of Section  +` ` 73.1620 of the Rules unless Station KYXS, Mineral Wells, Texas, has been granted a  +` ` construction permit for Class C1 facilities that would accommodate an operation on  +` ` Channel 237A by Station KJKB at Jacksboro. PROVIDED, that when program test  +` ` authority does commence, the transmission facilities comply in all respects with the  +~` ` station's authorization except for the channel specified above, and a license application  Sm-` ` (FCC Form 302) is filed within 10 days of commencement of program tests.  (#(# 18. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  ` `  MhhXFEDERAL COMMUNICATIONS COMMISSION ` `  MhhXJohn A. Karousos ` `  MhhXChief, Allocations Branch ` `  MhhXPolicy and Rules Division ` `  MhhXMass Media Bureau  S%- ` `