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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6Q_P#X01Í ÍX01Í Í#XP\  P6Q߳XP#.m7PC2X߳XP\  P6QXP.ny.C8*X_C\  P6QPlo7UC2X|XU4  pQXly.G8*XhG4  pQSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFddddddddddddddddddddddddddddddddddddddddN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"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!PZS7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS2'@@@S!@$"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd@G( 7 yO #'ЍIn its reply comments in response to the counterproposals ALALATEX suggests the allotment of alternate Channel 237A to Cotton Valley (pop. 1,150), to resolve the mutual exclusivity that exists between the two proposals. However, ALALATEX's suggested resolution conflicts with an earlier filed proposal to allot Channel 237A at Judsonia, Arkansas, in the context of MM Docket No. 9998. Even if ALALATEX had also filed its resolution as a counterproposal in the context of MM Docket No. 9998, Judsonia (pop. 1,915), which also lacks local aural service, is more populous than Cotton Plant, and therefore ALALATEX's alternate proposal would not prevail in that proceeding. Therefore, a comparative consideration between Cotton Plant and Judsonia, Arkansas, will not be made.> Late filed reply comments were filed by Woodruff.xG07 yO' x ԍThe Commission's Rules do not contemplate the filing of pleadings beyond the comment and reply comment  x^ period unless specifically requested or authorized by the Commission. See  1.415(d) of the Commission's Rules.  x Neither of those criteria is applicable here. Woodruff's late filed reply comments merely advise of a conflicting cut xb off proposal for the use of Channel 237A at Judsonia, Arkansas, in MM Docket No. 9998, which we have addressed  yO' x in footnote 5, supra. Therefore, while the acceptance of Woodruff's comments will not prejudice any party to this  x proceeding, given our disposition of the suggested use of Channel 237A at Cotton Plant, Arkansas, the comments  yO@'need not be discussed.   "G,))ZZ"  N N  O 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 fulltime 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 fulltime reception services, Caldwell asserts that a preference should attach to that proposal based on its larger population. In support of its claim  X 4Caldwell 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  X 4must be based on the allotment criteria specified in the Revision of FM Assignment Policies  X 4and Procedures, 90 FCC 2d 88 (1982), as follows: ",-(-(ZZZ"  (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).] The allotment of Channel 257A to Cherry Valley or Cotton Plant would not provide any first or second fulltime 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 fulltime aural services and  Xb4therefore are both considered to be well served.b yO' x ԍOur engineering analysis reveals that the smaller community of Cherry Valley receives 33 reception services, whereas Cotton Plant receives service from 22 broadcast stations. 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  X4257A 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 345532 NL and 910932 WL to avoid short spacing to vacant but applied for Channel 256A, Pangburn, Arkansas.    FF 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:  X!4 N N City OVV}Channel No.   X#4 Cotton Plant, ArkansasVV} 257A"# ,-(-(ZZ!"Ԍ6. 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  X4by the Commission in a subsequent Order.  7. IT IS FURTHER ORDERED, That the petition for rule making filed on behalf of ALALATEX Broadcasters (RM9340) 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) 4182180. Questions related to the application filing process should be addressed to Audio Services Division, Mass Media Bureau, (202) 4182700.  N N  OVV}  X 4X` hp x (#%'0*,.8135@8: