WPC 2B3T 3|J)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (TT) 555A LPT2HPLAIISI.WRSx  @,,,?"LX@2@3P Z@3|JTimes New Roman (TT)Times New Roman (Bold) (TT)HP LaserJet IIISiroom 555A LPT2HPLAIISI.WRSC\  P6Q,,,?"LP"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BE7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fExTxTxTxo7oE\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^ee*B`^-wSTTn[Cfx`xWkRx[\[ceIfIs`Wx[rriwhe*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTT2@OXA @ "5@^.=K\\!==\h.=.3\\\\\\\\\\33hhhRzzpf=Gpfzfpp=3=V\=R\R\R=\\33\3\\\\=G3\\\\RX%Xc.====IL=\\RRRRRzzRpRpRpRpR=3=3=3=3\\\\\\\\\\R\\\\\f\\RRzRzRzRpRpRpR\\\\\\I\=\===\G\p3pL\\\z=zLfGfGN@.S\=R\\\\\39\7\7==RR\==\\=R=7t=ddddhoo.Iih2[\\ydCpi`vZdfdloPpPi`d}}tro.=K\\!==\h.=.3\\\\\\\\\\33hhhRzzpf=Gpfzfpp=3=V\=R\R\R=\\33\3\\\\=G3\\\\RX%Xc=\R\\=f===RR@\=G=.=\\\\%\=3\h=\Id77=iS.=79\Rzpppp====hf\RRRRRRzRRRRR3333\\\\\\\d\\\\\\\ S- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6Q/P#X01Í ÍX01Í Í#&J\  P6QgP&P#y.C8*,/C\  P6QP2J=.,gP&J\  P6Q&P.2N=.,&N4  pQ&P,%,׵J,\  P6QJP==\\=\=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\f"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fRfR=\f3=f3f\ffRG=f\\\RH(H`.====IL=\f\\\\\RzRzRzRzRG3G3G3G3f\\\\ffff\\f\\\\pf\\\RRRzRzRzR\\\\ffIfGfG=Gf\fz3zLff\RRfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=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\f2@Z3D "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%<<<<>mCCs,?>[O6Wms[77TTTH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777y.C8*,/C\  P6QP2J=.,gP&J\  P6Q&P.2N=.,&N4  pQ&P,%,׵J,\  P6QJPI(!,ϯ,(\  P6Q,P              2@R"5@^!)22SN!!28!2222222222888-\HCCH=7HH!'H=YHH7HC7=HH^HH=!!/2!-2-2-!222N2222!'22H22-006!!!!()!22H-H-H-H-H-YCC-=-=-=-=-!!!!H2H2H2H2H2H2H2H2H2H2H-H2H2H2H2H272H2H-H-C-C-C-=-=-=-H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)7'7'N#-2!-22222KK2LL2K!!--2d!!22bd!-d!t!77778c<Azle.% ۳ yOo- xhԍIn MM Docket No. 97104, we rejected an identical counterproposal filed May 19, 1997, by Hunt Broadcasting.  xThe basis for that rejection was the fact that the proposed Channel 269C allotment at Azle conflicted with the  yO- xChannel 269A allotment at Jacksboro, Texas. Wellington, Texas, 13 FCC Rcd 4454 (1998). In taking this action,  xwe recognized that in two separate dockets (MM Docket No. 9610 and MM Docket No. 95126) we had allotted  x;different channels to Jacksboro. However, neither action was final and the Azle proposal was therefore contingent,  x;at the time it was filed, on at least one of these dockets becoming final. In August of 1997, MM Docket No. 9610  xbecame final. 12 FCC Rcd 12056 (1997). Also in August of 1997, Texas Grace filed its Petition for Rule Making  xinitiating this proceeding. As part of that Petition for Rule Making, Texas Grace proposed the allotment of Channel  x270C2 to Olney as a replacement channel. Up until early August of 1997, the proposed Channel 270C2 at Olney  xwconflicted with the Channel 269A allotment at Jacksboro. However, in view of our action in MM docket No. 9610  xfinalizing the Channel 299A allotment at Jacksboro, the Texas Grace Petition for Rule Making was not contingent  xwith respect to its proposed Channel 270C2 replacement channel at Olney. By the same token, the Hunt  xBroadcasting counterproposal for a Channel 269C allotment at Azle was no longer contingent with respect to a Jacksboro allotment and can be considered in the context of this proceeding. % This proposed Channel 269C allotment at Azle conflicted with the proposed Channel 270C2" , * *,,"  S-replacement channel at Olney. _ yOh- xJԍIn its Counterproposal, Hunt Broadcasting also proposed the substitution of Channel 267C1 for Channel 268C1  xat Lawton, Oklahoma, and modification of the license of Station KLAW, Channel 268C1, Lawton, to specify  xLoperation on Channel 267C1. In this regard, Hunt Broadcasting included a Declaration from Station KLAW consenting to the proposed channel substitution and transmitter relocation.    x3. Both the Texas Grace Petition for Rule Making and the Hunt Broadcasting Counterproposal  xLwere filed pursuant to the Section 1.420(i) of the Commission's Rules which permits the modification of  xa station's authorization to specify a new community of license without affording other parties to file a  xcompeting expression of interest. In order to favorably consider such a proposal, we must find that it  S- xywould result in a preferential arrangement of allotments. See Modification of FM and TV Authorizations  S- xto Specify a New Community of License ("Community of License"), 4 FCC Rcd 4870 (1989), recon. 5  xNFCC Rcd 7094 (1990). We evaluate FM petitions for a new community of license under the FM  S5- xallotment priorities set forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88  S-(1982)._ yO - xԍThe 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.    !x4. We believe that the public interest would be served by reallotting Channel 248C2 from Olney  Si - xto Archer City, Texas.i ;_ yOD-ԍThe reference coordinate s for the Channel 248C2 allotment at Archer City, Texas, are 333536 and 983731. This will result in a first local service to Archer City and provide additional  xzservice to approximately 110,599 persons. Archer City is not located in any Urbanized Area and the  S - xproposed facility will not provide 70 dBu service to 50% of any Urbanized Area. C.f. Headline, Alabama  S - xand Chattahoocie, Florida, 10 FCC Rcd 10352 (1995). We are also allotting alternate Channel 282C2 to  S - xOlney as a replacement channel. _ yO-ԍThe reference coordinates for the Channel 282C2 allotment at Olney, Texas, are 330847 and 985200. In this regard, we recognize that a removal of a sole local service from  xOlney is not obviated by the allotment of a vacant channel. However, in this instance, Station KRZB has  xnever been on the air and represents only a potential service. As such, this reallotment does not raise  x\the same level of concern as reallotting an operating station which removes the sole local service from  S-a community.    "x5. We also believe that the public interest would be served by substituting Channel 269C for  xChannel 269C1, reallotting Channel 269C to Azle, Texas, and modifying the Station KIKM license to  S- xjspecify operation on Channel 269C at Azle.[ _ yO-ԍThe reference coordinates for the Channel 269C allotment at Azle, Texas, are 332320 and 974303. To accommodate this upgrade and reallotment, we are also  xsubstituting Channel 267C1 for Channel 268C1 at Lawton, Oklahoma, and are modifying the license of  S- xStation KLAW, Lawton, Oklahoma, to specify operation on Channel 267C1. _ yO*"-ԍThe reference coordinates for the Channel 267C1 allotment at Lawton, Oklahoma, are 343231 and 983140. This will provide a first  xlocal service to Azle and result in Station KIKM serving an additional area of 10,306 square kilometers  x\containing a population of 580,110 persons. DenisonSherman will continue to receive local service  xzfrom three stations and the area that would lose service from Station KIKM will continue to receive a minimum of five services.   x6. In taking this action reallotting Channel 269C to Azle, we realize that Azle is located within"m{ ,l(l(,,["  xthe DallasFort Worth Urbanized Area. We are concerned with the potential migration of stations from  S- xunderserved rural areas to wellserved urban areas. Community of License, 5 FCC Rcd at 7096. To this  xend, we will not blindly apply a first local service preference of the FM Priorities when a station seeks  xto reallot its channel from a rural area to a suburban community of a nearby urban area. In making such  xMa determination regarding a proposal to award a first local preference to a community in an urbanized  S- xjarea, we apply existing precedents. See e.g. Huntington Broadcasting Co. v. FCC, 192 F.2d 33 (D.C. Cir.  S- x1951); RKO General (KFRC), 5 FCC Rcd 3222 (1990); Faye and Richard Tuck, 3 FCC Rcd 5374 (1988).  xIn essence, we consider the extent the station will provide service to the entire Urbanized Area, the relative populations of the suburban and central city, and the independence of the suburban community.   x7. After careful consideration of this proposal, we believe that Azle is entitled to consideration  xMas a first local service. In regard to this proposal, we first note that Azle, with a population of 8,868  xpersons according to the 1990 U.S. Census, is located approximately 68 kilometers (42 miles) from Dallas  x>and 27 kilometers from Fort Worth. At the Channel 269C reference coordinates, Station KIKM will  S6 - xprovide 70 dBu service to approximately 5% of the DallasFort Worth Urbanized Area. C.f. Headland,  S - xAlabama and Chattahoocie, Florida, supra. We also note that Azle is an incorporated community with  x-its own local government, city council city manager, city zoning authority, its own water supply and sewer  xsystem, its own police and fire departments, and taxing authority. The Azle Independent School District  xis comprised of six elementary schools, one junior high school and a high school. In addition to its own  xyhospital and recreational facilities, Hunt Broadcasting has identified several Azle businesses including the  S-First National bank of Azle and the Azle State Bank.    x8. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and  xz307(b) of the Communications Act of 1934, as amended, and sections 0.61, 0.204(b) and 0.283 of the  xCommission's Rules, IT IS ORDERED, That effective November 17, 1998, the FM Table of Allotments,  xSection 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below to read as follows:  Sl-x` ` Communityhh@hppChannel No.  S-x` ` Archer City, Texas hh@hpp248C2  S-x` ` Olney, Texashh@hpp282C2 x` ` DenisonSherman, Texas  Sm-x` ` Azle, Texashh@hpp269C  S:-x` ` Lawton, Oklahomahh@h231C, 237C3, 251C1, 258C3, 267C1, 297C2   lx9. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of  x{1934, as amended, the construction permit of Texas Grace Communications for Station KRZB, IS  x<MODIFIED to specify operation on Channel 248C2 at Archer City, Texas, in lieu of Olney, Texas, subject to the following conditions:  S -x` ` (a) Within 90 days of the effective date of this Order, the permittee shall x` ` submit to the Commission a minor change application for construction permit x` ` (FCC Form 301), specifying the new facility; x` ` (b) Upon grant of the construction permit, program tests may be conducted in accordance x` ` with Section 73.1620 of the Rules; and x` ` (c) Nothing contained herein shall be construed to authorize a change in transmitter x` ` location or to avoid the necessity of filing an environmental assessment pursuant"=',l(l(,,+"Ԍx` ` to Section 1.1307 of the Rules.   x10. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act  xof 1934, as amended, the license of Hunt Broadcasting, Inc. for Station KIKM, Channel 269C1, Denison xSherman, Texas, IS MODIFIED to specify operation on Channel 269C at Azle, Texas, in lieu of Channel 269C1 at DenisonSherman, Texas, subject to the following conditions:  S-x` ` (a) Within 90 days of the effective date of this Order, the licensee shall submit to the x` ` Commission a minor change application for construction permit (FCC Form 301), x` ` specifying the new facility; x` ` (b) Upon grant of the construction permit, program tests may be conducted in accordance x` ` with Section 73.1620 of the Rules; and x` ` (c) Nothing contained herein shall be construed to authorize a change in transmitter x` ` location or to avoid the necessity of filing an environmental assessment pursuant to x` ` Section 1.1307 of the Rules.   x11. IT IS FURTHER Ordered, That pursuant to Section 316(a) of the Communications Act of  x[1934, as amended, the license of KLAW Broadcasting, Inc. for Station KLAW, Channel 268C1, Lawton,  xLOklahoma, IS MODIFIED to specify operation on Channel 267C1, in lieu of Channel 268C1, subject to the following conditions:  Sk-x` ` (a) Within 90 days of the effective date of this Order, the licensee shall submit to the x` ` Commission a minor change application for construction permit (FCC Form 301), x` ` specifying the new facility; x` ` (b) Upon grant of the construction permit, program tests may be conducted in accordance x` ` with Section 73.1620 of the Rules; and x` ` (c) Nothing contained herein shall be construed to authorize a change in transmitter x` ` location or to avoid the necessity of filing an environmental assessment pursuant to x` ` Section 1.1307 of the Rules.   x12. Pursuant to Section 1.1104(1)(k) and (2)(k) of the Commission's Rules, any party seeking a  x?change in community of license of an FM or television allotment or an upgrade of an existing FM  S- xallotment, if the request is granted , must submit a rule making fee when filing its application to  x implement the change in community of license and/or upgrade. As a result of this proceeding, Texas  xLGrace Communications and Hunt Broadcasting ., Inc, are required to submit a rule making fee in addition to the fee required for the applications to effect the changes authorized in this proceeding.   x13. A filing window for Channel 282C2 at Olney, Texas, will not be opened at this time.  xInstead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. x x14. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. "=',l(l(,,+"Ԍ  x15. For further information concerning this proceeding, contact Robert Hayne, Mass Media  xBureau, (202) 4182177. Questions related to the window filing process for Channel 282C2 at Olney, Texas, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 4182700. 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 x` `