$// R&O, FM B/C STAS. (Cushing and Cleveland, TX), DA 95-93 //$ $/ 73.202 FM Table of Allotments /$ /// newjob /// $///DA 95-93,1/23/95///$ DA 95-93 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 91-172 Table of Allotments, ) RM-7726 FM Broadcast Stations. ) RM-7800 (Cushing and Cleveland, ) RM-7801 Texas) REPORT AND ORDER (Proceeding Terminated) Adopted: January 19, 1995 ; Released: January 31, 1995 By the Chief, Allocations Branch: 1. At the request of Cavalier Broadcasting ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 6 FCC Rcd 3630 (1991), proposing the allotment of Channel 245A to Cushing, Texas, as the community's first local FM service. 2. In response to the Notice, Texas Classical Radio, Inc. ("Texas Classical"), permittee of Station KRTK(FM), Cleveland, Texas, and petitioner filed counterproposals. Roy E. Henderson, Richard E. Foster, petitioner and Texas Classical filed responsive comments to the counterproposals. Petitioner and Texas Classical filed reply comments. Texas Classical filed further comments. After the close of the comment period, petitioner filed comments withdrawing it expressions of interest in both its original proposal and counterproposal. After the close of the comment period, Texas Classical filed a request for partial withdrawal of its documents and Roy E. Henderson filed a motion to withdraw its comments. 3. In its counterproposal, Texas Classical requests the substitution of Channel 246C for Channel 246C1 at Cleveland, Texas, as the community's second aural transmission service. Texas Classical submits that, as a Class C facility, KRTK-FM's proposed l.0 mV/m contour would provide service to a larger population. 4. We believe the public interest would be served by the substitution of Channel 246C for Channel 246C1 at Cleveland, Texas, since it could provide the community with an additional wide coverage area FM service. In light of petitioner's withdrawal, we need not compare the benefits of a new allotment at Cushing against the benefits of improved service at Cleveland. Channel 246C can be allotted to Cleveland in compliance with the Commission's minimum distance separation requirements and can be used at the transmitter site specified in Station KRTK-FM's construction permit. As proposed, we will also modify Station KRTK-FM's authorization to specify operation on Channel 246C in accordance with the provisions of Section 1.420(g) of the Commission's Rules. 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 , 1995, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows: City Channel No. Cleveland, Texas 246C 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of Texas Classical Radio, Inc., for Station KRTK-FM, Cleveland, Texas, IS MODIFIED to specify operation on Channel 246C, in lieu of Channel 246C1, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the permittee shall submit to the Commission a minor change application for a construction permit (Form 301). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (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. 7. Pursuant to Commission Rule Section 1.1104(1(k) and (2)(k), any party seeking a change of 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, Texas Classical Radio, Inc., permittee of Station KRTK-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 and/or upgrade. 8. IT IS FURTHER ORDERED, That the petition for rule making of Cavalier Broadcasting, seeking the allotment of Channel 245A to Cushing, Texas, (RM- 7726), IS DISMISSED. 9. IT IS FURTHER ORDERED, That the counterproposal filed by Cavalier Broadcasting, seeking the allotment of Channel 245C3 to Cushing, Texas, (RM- 7800), IS DISMISSED. 10. IT IS FURTHER ORDERED, That this proceeding is TERMINATED. 11. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2173. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau