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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )       MM Docket No. 95-167
Table of Allotments,            )       RM-8699
FM Broadcast Stations.          )
(Claremore and Chelsea, Oklahoma))

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted: March 19, 1997              Released: March 28, 1997 

By the Chief, Allocations Branch:

     1.  At the request of Michael P. Stephens ("petitioner"), the Commission has before it the
Notice of Proposed Rule Making, 10 FCC Rcd 12073 (1995), proposing the reallotment of Channel
264A from Claremore to Chelsea, Oklahoma, as the community's first local aural transmission
service, and the modification of petitioner's construction permit for Station KTFR to specify Chelsea
as its community of license.  Petitioner filed comments and reply comments reiterating its intention
to apply for the channel.  No other timely comments were received.

     2.  As stated in the Notice, petitioner indicated its intention to relocate its transmitter, thus
creating gain and loss areas and populations if Channel 264A is reallotted to Chelsea.  Therefore,
he was requested to provide information showing the areas and populations which will receive new
service and the areas and populations which will lose service, as well as the number of reception
services currently available in the gain and loss areas.  In response, he states that Station KTFR's 60
dBu contour at Claremore, with its authorized power of 3 kW at 100 meters HAAT, encompasses
an area of 1,908 square kilometers with a population of 61,427 persons.  As a Chelsea station,
petitioner states that the station's 60 dBu contour will encompass an area of 2,554 square kilometers
with a population of 39,731 persons.  Thus, with the transmitter site change, there will be a gain area
of 1,426 square kilometers containing 16,200 persons and a loss area of 780 square kilometers with
37,896 persons.  Petitioner goes on to state that all of the loss area receives a minimum of nine and
a maximum of twelve aural services while the population within the gain area receives a minimum
of three to a maximum of thirteen services.  He also reiterates that reallotting Channel 264A to
Chelsea will allow Station KTFR to improve its facilities from 3 kW to 6 kW.  Such operation is
precluded as a Claremore station because of a short-spacing to Station KBBQ, Fort Smith, Arkansas.

     3.  We believe the public interest would be served by reallotting Channel 264A from
Claremore to Chelsea, Oklahoma, as the community's first local aural transmission service.  A staff
engineering study shows that the reallotment of Channel 264A to Chelsea will result in a loss area
of 659 square kilometers with a population of 15,724 persons, and a gain area of 1,303 square
kilometers with a population of 17,437 people.  While we are concerned with the loss of an existing
service to almost 16,000 persons, this concern is lessened by the fact that the entire loss area will
continue to be well-served, that is, receiving service from at least five full-time stations.  Further,
the reallotment of Channel 264A to Chelsea will provide a 1,327 people who will receive a fourth
full-time reception service and 705 people who will receive a fifth such service.

                        Technical Summary

     4.  Channel 264A can be allotted to Chelsea in compliance with the Commission's minimum
distance separation requirements with a site restriction of 2.0 kilometers (1.2 miles) southwest, to
avoid a short-spacing to Station KGLC, Channel 265A, Miami, Oklahoma.   
     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 May 12, 1997, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the
communities listed below, to read as follows:

                    City           Channel No.

               Chelsea, Oklahoma        264A
               Claremore, Oklahoma  --

     6.  IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of
1934, as amended, that the construction permit of Michael P. Stephens for Station KTFR, Channel
264A, IS MODIFIED to specify Chelsea, Oklahoma, in lieu of Claremore, Oklahoma, as its
community of license, 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).


     (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, Michael P. Stephens,
permittee of Station KTFR, 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 this proceeding IS TERMINATED.

     9.  For further information concerning this proceeding, contact Leslie K. Shapiro, Mass
Media Bureau, (202) 418-2180.

                              FEDERAL COMMUNICATIONS COMMISSION




                              John A Karousos 
                              Chief, Allocations Branch
                              Policy and Rules Division
                              Mass Media Bureau