Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 98-223 Table of Allotments, ) RM-9340 FM Broadcast Stations. ) RM-9481 (Cherry Valley and Cotton Plant, ) RM-9482 Arkansas) ) REPORT AND ORDER (Proceeding Terminated) Adopted: August 11, 1999 Released: August 20, 1999 By the Chief, Allocations Branch: 1. Before the Commission for consideration is the Notice of Proposed Rule Making, 13 FCC Rcd 23562 (1998), issued herein in response to a petition filed by ALALATEX Broadcasters ("ALALATEX"), through Jean Hill, a general partner thereof, proposing the allotment of Channel 257A to Cherry Valley, Arkansas, (pop. 659), as that community's first local aural transmission service. ALALATEX filed supporting comments in response to the Notice. Comments and counterproposals were filed individually on behalf of Woodruff County Broadcasting ("Woodruff") and Bobby Caldwell ("Caldwell). Reply comments were filed by ALALATEX. Late filed reply comments were filed by Woodruff. 2. Woodruff and Caldwell each counterproposed the allotment of Channel 257A to Cotton Plant, Arkansas (pop. 1,150), as that community's first local aural transmission service. Woodruff reports that the requested allotment of Channel 257A to Cotton Plant, an incorporated community, would provide a first local aural transmission service to that locality. Further, Woodruff advises that Cotton Plant is governed by a mayor and town council, and that the city provides its own police, fire, water and sewer services. As to other community indicia, Woodruff reports that Cotton Plant has two schools, ten churches and numerous business entities. Caldwell adds that as Cherry Valley receives at least six full-time reception services, it is considered to be well served, and therefore no preference should attach to that community for any lack of reception service. Although Cotton Valley also receives at least six full-time reception services, Caldwell asserts that a preference should attach to that proposal based on its larger population. In support of its claim Caldwell notes that in Blanchard, Louisiana and Stephens, Arkansas, 10 FCC Rcd 9828 (1995), the Commission held that: In a choice among competing counterproposals both involving priority 3 (first local service), the Commission has uniformly made the decision based on population difference and a comparison of reception services. And, where it is found that neither community falls below a threshold level of reception services, the Commission has based its decision on a straight population comparison. Caldwell concludes that the public interest will be served by the requested allotment of Channel 257A to Cotton Plant as it will provide a new FM service to an area comprising 2,516 square kilometers containing a population of 15,126 persons. 3. We believe that each community is deserving of a first local FM service. However, a staff frequency search reveals that Channel 257A is the only channel available for allotment to either Cherry Valley or Cotton Plant, Arkansas. Therefore, our decision must be based on the allotment criteria specified in the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982), as follows: (1) First full-time aural service; (2) Second full-time aural service; (3) First local service; and (4) Other public interest matters. [Co-equal weight is given to priorities (2) and (3).] The allotment of Channel 257A to Cherry Valley or Cotton Plant would not provide any first or second full-time aural service but would provide a first local service, thus fulfilling priority (3). Therefore, we must consider other public interest factors (priority 4). In this regard, our engineering analysis has determined that the requested allotment of Channel 257A to Cherry Valley would provide a fifth service to 86 persons in an area of 24.70 square kilometers. If allotted to Cotton Valley, Channel 275A would provide a fifth service to an area of 2.25 square kilometers which appears to be uninhabited. Additionally, although we have determined that the projected 60 dBu contour of Channel 257A at Cherry Valley would provide a new service to a population of 19,548 persons, whereas 15,188 reside within the projected primary service area at Cotton Plant, a comparison of reception services reveals that each community receives in excess of five full-time aural services and therefore are both considered to be well served. Therefore, our decision in this case is not premised on the potential service areas but rather on the population difference. As Cotton Valley (pop. 1,150) is larger than Cherry Valley (pop. 659) and receives fewer reception services, we believe the public interest would be served by allotting Channel 257A to the more populous community. See, St. Marks and Woodville, Florida, 12 FCC Rcd 11957 (1997), and cases cited therein. 4. Channel 257A can be allotted to Cotton Plant, Arkansas, in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules provided the transmitter is located at least 12 kilometers (7 miles) southwest of the community at coordinates 34-55-32 NL and 91-09-32 WL to avoid short spacing to vacant but applied for Channel 256A, Pangburn, Arkansas. 5. 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 October 4, 1999, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED to include Cotton Plant, Arkansas, as follows: City Channel No. Cotton Plant, Arkansas 257A 6. A filing window for Channel 257A at Cotton Plant, Arkansas, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent Order. 7. IT IS FURTHER ORDERED, That the petition for rule making filed on behalf of ALALATEX Broadcasters (RM-9340) seeking the allotment of FM Channel 257A to Cherry Valley, Arkansas, IS DENIED. 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. Questions related to the application filing process should be addressed to Audio Services Division, Mass Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau