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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. 98-209 Table of Allotments, ) RM-9406 FM Broadcast Stations. ) (De Ridder, Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: July 14, 1999 Released: July 23, 1999 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 13 FCC Rcd 22812 (1998), issued in response to a petition for rule making filed on behalf of Willlis Broadcasting Corporation ("petitioner"), licensee of Station KEAZ(FM), Channel 269A, De Ridder, Louisiana, proposing the substitution of Channel 250A for Channel 269A at De Ridder, and modification of its license accordingly. Petitioner filed supporting comments in response to the Notice. Supporting comments were also filed by Proctor-Williams, Inc. ("Proctor"), licensee of Station KWDX(FM), Channel 269A, Silsbee, Texas. Comments and a counterproposal were filed on behalf of Coochie Brake Broadcasting Company ("CBBC"), permittee for a new Class A FM station at Atlanta, Louisiana (File No. BPH-971003MA). Reply comments were filed individually by petitioner, Proctor, and CBBC. 2. As indicated in the Notice, petitioner's proposal is premised on its desire to increase its effective radiated power 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 De Ridder will enable Station KEAZ(FM) to improve its facilities and expand its coverage area to 53,966 persons within an area of 2,513 square kilometers, representing an increase of 7,132 persons and an area gain of 838.5 square kilometers. 3. Proctor also supports the proposed substitution at De Ridder as it would permit its Station KWDX(FM) to upgrade to a full Class A, omnidirectional facility at Silsbee, and thereby expand its coverage area. 4. In consideration of the above, we believe the public interest would be served by substituting Channel 250A for Channel 269A at De Ridder, Louisiana, since it would provide an expanded coverage FM service to the community. Therefore, we will grant the petitioner's modification request. 5. Channel 250A can be allotted to De Ridder in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at the licensed site of Station KEAZ(FM) at coordinates 30-52-43 NL and 93-17-25 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 September 7, 1999, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to De Ridder, Louisiana, as follows: City Channel No. De Ridder, Louisiana 221C3, 250A 7. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Willis Broadcasting Corporation (File No. BALH- 971212EC) for Station KEAZ(FM), IS MODIFIED to specify operation on Channel 250A in lieu of its present operation on Channel 269A, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station KEAZ(FM)'s license (File No. BALH-971212EC), 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 KEAZ(FM)'s authorization, except for the channel as specified above, and a license application (FCC Form 302) is filed within 10 days of comencement of program tests. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. 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