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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. 97-215 Table of Allotments, ) RM-9168 FM Broadcast Stations. ) (Wilson and Turrell, Arkansas) ) REPORT AND ORDER (Proceeding Terminated) Adopted: October 14, 1998 Released: October 23, 1998 By the Chief, Allocations Branch: 1. Before the Commisson for consideration is the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 16409 (1997), issued in response to a petition for rule making filed on behalf of Pollack Broadcasting Company ("petitioner"), permittee of Station KAFW(FM), Wilson, Arkansas, proposing the allotment of FM Channel 234A from Wilson to Turrell, Arkansas, as the latter community's first local aural transmission service and modification of its authorization accordingly. Petitioner filed supporting comments in response to the Notice. Comments were also filed by Elijah Mondy, Jr. ("Mondy"), to which petitioner responded. No other comments were received. 2. As stated in the Notice, petitioner seeks to invoke the provisions of Section 1.420(i) of the Commission's Rules to enable it to provide a first local aural transmission service to Turrell, Arkansas (population 988), an incorporated community that is not associated with any urbanized area. See Modification of FM and TV Authorizations to Specify a New Community of License ("Change of Community R&O"), 4 FCC Rcd 4870 (1989)), recon. granted in part ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). Petitioner's proposal is mutually exclusive with its existing authorization at Wilson (population 1,068), as the distance between the two communities is 15.4 kilometers (9.5 miles) whereas a distance of 115 kilometers (71 miles) is required in this instance. 3. In further support of the proposal, petitioner urges that adoption of its proposal would result in a preferential arrangement of allotments consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC Rcd 88 (1982), ("Revision") as the reallotment would provide Turrell with its first local aural transmission service, whereas Wilson will retain local aural service from Station KOSE(AM). Additionally, petitioner advises that while the populations of Wilson and Turrell are approximately the same, the reallotment of Channel 234A to Turrell will enable it to provide service to 87,700 people, representing a three-fold increase over the degree of potential service if proposed Station KAFW(FM) remains in Wilson. Moreover, petitioner reiterates that as Station KAFW(FM) is an unbuilt facility, there will be no loss of existing service to Wilson if its reallotment proposal is granted. See Sanibel and San Carlos Park, Florida, 10 FCC Rcd 7215 (1995); Pawley's Island and Atlantic Beach, South Carolina, 8 FCC Rcd 8657 (1993); and Glencoe and LeSueur, Minnesota, 7 FCC Rcd 7651 (1992). Additionally, petitioner remarks that as Station KOSE(AM) has been reallotted from Osceola to Wilson, Arkansas, Wilson will not be deprived of local aural service if Channel 234A is reallotted to Turrell. 4. In consideration of the above, we believe the public interest would be served by granting the petitioner's proposal as it will result in a preferential arrangement of allotments pursuant to the Commission's change of community procedures. See Change of Community, supra. Applying those procedures, we compare the existing arrangement of allotments with the proposal using the FM allotment priorities ("Revision", supra). In this instance, the first two allotment priorities are not applicable to this proposal. Turrell, which is not within nor adjacent to an urbanized area, will receive its first local aural transmission service (priority 3) and is therefore favored over the retention of the allotment at Wilson (priority 4). Additionally, the reallotment will afford the petitioner an opportunity to increase its service area. Moreover, Wilson will continue to receive local transmission service provided by Station KOSE(AM). Therefore, in accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the authorization of Station KAFW(FM) to specify operation on Channel 234A at Turrell, Arkansas, in lieu of Wilson, Arkansas. 5. As stated in the Notice, Channel 234A can be allotted to Turrell, Arkansas, at the petitioner's designated site in conformity with the minimum distance separation requirements of the Commission's Rules, at the city reference coordinates 35-22-36 NL and 90-15-12 WL. 6. 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 December 7, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: City Channel No. Turrell, Arkansas 234A Wilson, Arkansas -- 7. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the authorization of Pollack Broadcasting Company for Station KAFW(FM) (File No. BPH-921023JV), IS MODIFIED to specify operation on Channel 234A at Turrell, Arkansas, in lieu of Wilson, Arkansas, subject to the following conditions: (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), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As a result of this proceeding, Pollack Broadcasting Company, permittee of Station KAFW(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license at Turrell, Arkansas. 9. IT IS FURTHER ORDERED, That the petitioner's petition for reconsideration of our earlier denial of its request for rule making, as discussed in the Notice at footnote 1, has been rendered moot by the action taken herein, and IS HEREBY DISMISSED. 10. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 11. 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