Federal Communications Commission Washington, D.C. 20554 Dan J. Alpert, Esq. Counsel for KBYN, Inc. The Law Ofice of Dan J. Alpert 2120 N. 2lStRoad Arlington, VA 22201 Dear Mr. Alpert: This letter is regarding the petition for rulemaking you filed, requesting the reservation of Channel 224C2 at Mount Pleasant, Texas for noncommercial educational use. A staff engineering analysis reveals that your proposal is unacceptable for consideration at this time. The proposed reference coordinates, 33-09-37 NL and 95-05-13 WL, for Channel *224C2 at Mount Pleasant is short-spaced to the vacant allotment site for Channel 224C2 at Blossom, Texas. A rulemaking proposal must meet the minimum distance separation requirements on the date it is filed pursuant to Section 73.207(b) of the Commission’s rules. Moreover, vacant Channel 224C2 at Blossom must be protected pursuant to Section 73.208(a)(ii) of the Commission’s rules. Based on the foregoing, we are returning your petition for rulemaking. You may re-file your petition, provided your proposal is in full compliance with the Commission’s rules. LEO ASHCRAFT MBC CONSULTING P.O. BOX 433 MOUNT VERNON, TX 75457 (903) 577-9191 Consultant for Petitioner FEDERAL COMMUNICATIONS COMMISSION In re the Petition For Rule Making) Case No.: RM-10755 ) --- of: CHARLES CRAWFORD, RM-10755, ) COUNTER PETITION 1 4553 BORDEAUX AVE, DALLAS, TX ) ) 75205, 214-520-7077, Petitioner, ) ) ) 1 KMZD RADIO, INC, INC, FACILITY ID ) ) # 133429, 701 East Fourth, Mount ) ) Pleasant, TX 75455, ) ) Counter Petitioner ) 1 ) ) ) ) This NPRN Counter Proposal and simultaneous NCE Reservation showing is being filed in concordance with FCC notice DA 03-2990. The DA indicated that the Commission would accept reservation showings for all vacant allotments except those for which a NPRN was release on or after August 7, 2000. The original allotment as listed in the current table of allotments satisfies this requirement. The DA listed a deadline for filing amendments and agreements by NOVEMBER ZlST, 2003, Counter Petition - 1 thusly this proceeding has been timely filed. Petitioner also understands that the Commission has not officially opened RM-10755 for comment, however due to the deadline for DA 03-2990 of November, 2iSt, 2003 - the filing was necessary at this time. COUNTER PETITION TO RM-10755 In the NPRN filed by Charles Crawford (Crawford) June gth, 2003, Crawford requested the Commission to amend the table of allotments to add Channel 228A at Wetumka, Oklahoma. Petitioner (KJUKI does not dispute this allocation and agrees that if granted would serve the public interest. As part of Crawford’s petition, Crawford also requests the Commission to move the reference coordinates for vacant allotment, channel 224C2 at Blossom, Texas to approximately 20 kilometers south. KJUK now presents a Counter proposal regarding the vacant Blossom allocation. Petitioner currently operates KJUK-LP at Mount Pleasant Texas on channel 222 with 100 watts ERP. KWSK-LP currently operates or Channel 224 with 100 watts ERP. The Daingerfield and surrounding area is currently inadequately served by the current KWSK this signal - KWSI requests the Commission to allocate channel 224C2 to Mount Pleasant, Texas as NCE channel 224C3. Counter Petition - 2 -_------ - The proposed changes are as follows: CURRENT PROPOSED Wetumka, OK 228A Stuart, OK 228A 224A Blossom, TX 224C2 Tulsa, OK (KBEZ) 225C 225CO Oklahoma City, OK (KOMA) 223C 223CO Mount Pleasant, TX (KJUK-LP) 222LP 224C3 Daingerfield, TX (KWSK-LP) 224LP Attached hereto is a channel study confirming that Channel 224C3 can be allocated to Mount Pleasant, Texas consistent with the Commission's FM separation rules. See revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992). The new reference coordinates for channel 224C3 at Mount Pleasant, Texas are: 33-09-37 N 95-05-13 W KJUK understands this creates a short spacing to KWSK-LP and KJUK-LP, both stations will cease broadcasting upon the grant of the construction permit to KMZD Radio, Inc licensee of KJUK-LP. KWS Broadcast Educational Foundation has agreed to dismiss its facility on channel 224 and co-operate the new C3 facility with KMZD Radio, Inc., licensee of KJUK-LP. KMZD Radio, Inc will dismiss its license Counter Petition - 3 .- currently on channel 222, should the Commission grant this proposal an( a subsequent construction permit issued to KMZD Radio, Inc. Channel 224C3 will operate as a fully spaced C3 facility at the given reference coordinates, providing a 70 DEW city grade signal over Mount Pleasant and a 60 DBU (NCE) signal over Daingerfield, TX. Currently due to terrain issues, KWSK is not currently able to provide a 60 DBU signal over its City of license at presently licensed ERP and HAAT. Therefore the grant of petitioner's request would serve the public interest both stations combined into a single facility would serve more population. From the 2000 census the new location would serve a total of 40,663 persons inside the C3, 70 DBU and 73,282 insidc the 60 DBU. Currently KWSK serves only 4,558 persons in its current 61 DBU curve, and KJUK serves only 12,538 persons inside its 60 DBU curve according to the 2000 census data. This is an increase of 68,724 persons inside the 60 DBU curve for KWSK and 60,744 additional persons for KJUK. The allocation of channel 224C3 to Mount Pleasant Texas wil: be the first Full Power local aural NCE radio signal for that community . DA 03-2990 requires a reservation proponent to demonstrate that it is technically precluded from using a reserved channel and would provide a first and/or second NCE radio service to at least 10 percent of the population within the lmV/m contour of its proposed station. A Counter Petition - 4 frequency study of the area and a coverage map has been attached satisfying this requirement. Should this counter petition be granted and Channel 224C3 be allotted to Mount Pleasant Texas and Reserved for NCE use, Petitioner will apply for channel 224C3, and after it is authorized, will promptl. construct the new facility. Dated this lgth day of November, 200: P~SIDENT,KMZD. RADIC INC. PRESIDENT, KWS BROADCASTI NG EDUCATIONAL FOUNDATION Counter Petition - 5 KWSK-PETITION-SEARCH.tXt comstudy 2.2 search of channel 224 (92.7 MHZ class c3) at 33-10-03.5 N, 95-06-41.2 W. CALL CITY ST CHN CL BLOSSOM DIST SEP BRNG CI-EARANcE TX 224 c2 32.17 177.00 340.5 BLOSSOM TX 224 c2 -144.8 960703MI BLOSSOM 57.49 177.00 345.2 -119.5 Tx 224 c2 57.49 177.00 345.2 KWSK-LP DAINGERFIELD TX 224 -119.5 K3UK-LP LPlOO 36.52 78.00 111.8 -41.5 MOUNT PLEASANT TX 221 LPlOO 14.77 KJUK- LP MOUNT PLEASANT . 40.00 109.5 -25.2 TX 222 LPlOO 14.76 40.00 109.5 KZPS DALLAS Tx - -25.2 KZPS 223 c 185.32 176.00 250.2 DALLAS TX 9.3 KZPS 223 C 185.38 176.00 250.2 DALLAS Tx 223 c 9.4 KZPS DALLAS 185.57 176.00 250.2 9.6 Tx 223 C 185.61 176.00 250.2 KZPS DALLAS Tx 9.6 KHTA 223 C 185.23 176.00 250.1 WAKE VILLAGE TX 223 c3 9.2 KTYL - FM TYLER 109.80 99.00 75.2 10.8 TX 226 Cl 88.78 76.00 188.1 KHTA WAKE VILLAGE Tx 223 c3 12.8 KTYL-FM TYLER 111.21 99.00 74.7 12.2 Tx 226 c1 101.81 76.00 171.5 KIW-FM CROCKETT TX 224 25.8 KIW-FM c2 208.96 177.00 188.9 CROCKETT TX 224 c2 32.0 KZRB NEW BOSTON 208.96 177.00 188.9 32.0 Tx 278 c2 52.09 17.00 58.0 KZRB NEW BOSTON TX 278 c2 35.1 KTKC SPRINGHILL 52.09 17.00 58.0 35.1 LA 225 c2 153.60 117.00 96.2 KDOK TYLER TX 221 36.6 KTKC c2 92.22 56.00 205.7 36.2 SPRINGHILL LA 225 c2 153.60 KJVC MANSFIELD 117.00 96.2 36.6 LA 224 A 181.02 142.00 134.4 KJVC MANSFIELD LA 39.0 224 A 181.02 142.00 134.4 39.0 Page 1 MOUNT PLEASANT - TX - CH 224C3 Map Scale: 1:584072 I cm = 5.84 km VIH 80.58 122.52 Size: x km MAP PROVIDED BY MBC CONSULTMG 800-219-7461 .. CERTIFICATE OF SERVICE I, LEO ASHCRAFT, HEREBY CERTIFY THAT ON THIS 20m DAY OF NOVEMBER, 2003, I CAUSED COPIES OF THE FOREGOING “COUNTER PETITION” TO BE PLACED IN THE U.S. POSTAL SERVICE, FIRST CLASS POSTAGE PREPAID, ADDRESSED TO THE FOLLOWING PERSONS: MS MARLENE DORTCH OFFICE OF THE SECRETARY FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W. 12M STREET LOBBY-TW-A325 WASHINGTON, D.C. 20554 GENE BECHTEL, ESQ. LAW OFFICES OF GENE BECHTEL, P.C. 1050 17THSTREET, N.W., SUITE 600 WASHINGTON, D.C. 20036-5517 RENDA BROADCASTING CORPORATION OF NEVADA STATION KBEZ 1459 CRANE AVENUE PITTSBURGH, PA 15220 RENDA BROADCASTING CORPORATION OF NEVADA STATION KOMA 1459 CRANE AVENUE PITTSBURGH, PA 15220 CHARLES CRAWFORD 4553 BORDEAUX AVENUE DALLAS, TX 75205 WAYNE SHULTICE KWS BROADCASTING EDUCATIONAL FOUNDATION BOX 100 CASON, TX 75636 ROY BLACK KMZD RADIO, INC 701 EAST FOURTH MOUNT PLEASANT, TX 75455 ACRAFT (CONSULTANTFOR KJUKKWSK) .. KWSK-PETITION-SEARCH.-no-channels.txt Cornstudy 2.2 search of channel 200 (87.9 MHz Class C3) at 33-10-03.5 N, 95-06-41.2 W. CALL CITY ST CHN CL DIST SEP BRNG CLEARANCE NEW MOUNT VERNON Tx 202 A 9.26 42.00 281.1 -29.78 d6 NEW MOUNT VERNON TX 202 A 9.26 42.00 281.1 .-29.78 dB KCEN-TV TEMPLE TX ~TV289.23 0.00 223.9 0.0 KTAL-Pf TEXARKANA Tx ~TV107.31 0.00 105.6 0.0 970417M4 ATHENS Tx 201 c2 134.39 117.00 203.5 6.72 dB KNTU MCKINNEY TX 201 Cl 189.21 144.00 274.7 13.19 d6 KNTU OENTON TX 201 C1 189.24 144.00 274.7 13.81 d6 970312MD HUDSON Tx 201 c2 194.33 117.00 171.8 19.43 d6 960830MF LUFKIN Tx 201 c3 203.32 99.00 169.5 22.43 d6 KBPW HAMPTON AR 201 C1 249.38 144.00 79.8 26.78 d6 NEW MANOERVILLE AR 202 A 113.71 42.00 72.4 29.63 dB KKRI POCOLA OK 201 C3 240.12 99.00 17.8 29.24 dB KEOM MESOUITE.~~ TX 203 C1 149.31 76.00 252.8 30.50 d6 KAM J ENA LA 201 C1 299.48 144.00 125.8 30.39 dB KGAP CLARKSVILLE Tx 253 C2 50.17 17.00 10.0 33.2 960814MO COTTON VALLEY LA 203 C2 140.15 56.00 112.5 34.76 d6 KGAP CLARKSVILLE Tx 253 C2 52.90 17.00 16.4 35.9 KVLW WACO TX 201 c3 274.15 99.00 225.9 37.82 dB KOIM COWETA OK 201 C1 295.77 144.00 342.6 39.56 d6 cornstudy 2 search of channe 201 (88.1 MHZ Class C3) at 33-10-03.5 N, 95-06-41.2 W.