7 FCC Red No. 2 Federal Communications Commission Record DA 92·36 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 89-440 
In the Matter of 
Amendment of Section 73.202(b), 
Table of Allotments. 
FM Broadcast Stations. 
(Texarkana, Arkansas) 
REPORT AND ORDER 
(Proceeding Terminated) 
RM-6763 
Adopted: January 9, 1992; Released: January 21, 1992 
By the Assistant Chief, Policy and Rules Division: 
L The Commission has before it for consideration the 
Nozice of Proposed Rule Making, 4 FCC Red 7137 (1989), 
issued in response to a petition for rule making filed by 
State Line County Broadcasting Company, permittee for 
Station KUKB, Channel 292A, Texarkana, Arkansas, pro­
posing the substitution of Channel 292C2 for Channel 
292A, and modification of its permit to specify operation 
on the higher class channel. 
2. Petitioner filed comments reaffirming its interest in 
applying for the channel. if allotted. CarePhil Commu­
nications ("CarePhil"), licensee of Station KKBI(FM). 
Channel 291C2. Broken Bow. Oklahoma, filed comments 
opposing the proposed substitution on the grounds that 
the Texarkana proposal would be short spaced to both the 
licensed KKBI(FM) facility and to CarePhil's application 
to downgrade its station to a .Class C3 facility .1 Petitioner 
filed a Motion to Dismiss and CarePhil filed an Opposi­
tion. CarePhil subsequently withdrew its opposition, stat­
ing that both parties have been able to reach a 
compromise so that improvements in both facilities are 
possible.2 Accordingly, petitioner's proposal is 
uncontested. 
3. We believe the public interest would be served by the 
substitution of Channel 292C2 for Channel 292A at Tex­
arkana, since it could enable Station KUKB to increase its 
service area. Channel 292C2 can be allotted to Texarkana 
in compliance with the minimum distance separation re­
quirements of the Commission's Rules with a site restric­
tion of 16.5 kilometers ( 10.3 miles) southeast at 
petitioner's requested site. 3 Pursuant to the provisions of 
1 Contrary to CarePhil's arguments. the proposed substitution 
at Texarkana is not short spaced to KKBl's presently authorized 
facilities. KKBI was originally licensed to operate on Channel 
292A, and subsequently upgraded to Channel 291C2. An applica­
tion is pending to downgrade KKBI from a Class C2 to a Class 
C3 station (BPH-8907171K). Petitioner's proposal is short spaced 
to this application and cannot be further site restricted to avoid 
this conflict. However, the site specified in KKBI's application is 
generally considered a mere site preference unless KKBI can 
507 
Section 1.420(g) of the Commission's Rules, we are herein 
modifying the permit of State Line Broadcasting for Sta­
tion KUKB to specify operation on Channel 292C2 in 
lieu of Channel 292A at Texarkana, Arkansas. 
4. Accordingly, pursuant to the authority found in Sec­
tions 4(i), 5(c)(l), 303(g) and (r) and 307(b) of the Com­
munications 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 March 2, 1992, the FM Table 
of Allotments, Section 73.202(b) of the Commission's 
Rules, IS AMENDED for the community listed below, as 
follows: 
City 
Texarkana, Arkansas 
Channel No. 
292C2 
5. IT IS FURTHER ORDERED, That pursuant to Sec­
tion 316(a) of the Communications Act of 1934, as 
amended, the permit of State Line County Broadcasting 
for Station KUKB, Texarkana, Arkansas, IS MODIFIED 
to specify operation on Channel 292C2 in lieu of Channel 
292A, subject to the following conditions: 
(a) Within 90 days of the effective date of this 
Order, the permittee shall submit to the Commis­
sion a minor change application for a construction 
permit (Form 301), specifying the new facility; 
(b) Upon grant of the construction permit, program· 
tests may be conducted in accordance with Section 
73.1620; and 
(c) Nothing contained herein shall be construed to 
authorize a change in transmitter location or to 
avoid the necessity of filing an environmental im­
pact statement pursuant to Section 1.1301 of the 
Commission's Rules. 
6. IT IS FURTHER ORDERED, That the Secretary of 
the Commission SHALL SEND by Certified Mail, Return 
Receipt Requested. a copy of this Order to the following: 
CarePhil Communications 
617 South Park Drive 
Broken Bow, Oklahoma 74728 
(BPH-890717IK) 
7. IT IS FURTHER ORDERED, That this proceeding 
IS TERMINATED. 
8. For further information concerning this proceeding, 
contact Arthur Scrutchins, Mass Media Bureau, (202) 
632-6302. 
make a showing to the contrary. See Andalusia, Alabama, MM 
Docket No. 83-999, 49 FR 32201 (August 13, 1984). CarePhil will 
be served with a copy of this Order and will be permitted to 
amend its application to specify a non-conflicting site. 
2 State Line and CarePhil also filed a settlement agreement to 
resolve the conflict. However, we make no judgment as to the 
merits of the settlement agreement. 
3 The coordinates for Channel 292C2 at Texarkana are North 
Latitude 33-18-05 and West Longitude 93-57-10. 
DA 92-36 Federal Communications Commission Record 
FEDERAL COMMUNICATIONS COMMISSION 
Beverly McKittrick 
Assistant Chief 
Policy and Rules Division 
Mass Media Bureau 
508 
7 FCC Red No. 2