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 Federal  Communications  Commission  DA  01-  1864 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  142 
 Table  of  Allotments,  )  RM-  10144 
 FM  Broadcast  Stations.  ) 
 (Comfort,  Texas  )  ) 


 ORDER  WITHDRAWING  NOTICE  OF  PROPOSED  RULE  MAKING 
 (Proceeding  Terminated) 


 Adopted:  July  25,  2001  Released:  August  3,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  On  June  20,  2001,  the  Commission  adopted  the  Notice  of  Proposed  Rule  Making,  DA  No.  01-1540, 
 66  FR  35925  (July  10,  2001),  proposing  the  allotment  of  Channel  291A  at  Comfort,  Texas,  as 
 the  community’s  second  local  FM  broadcast  service,  in  response  to  a  petition  filed  by  Charles 
 Crawford  (“  Crawford”).  The  Notice  requested  that  comments  be  filed  by  August  20,  2001  and  reply 
 comments  by  September  4,  2001. 


 2.  The  Notice  indicates  that  the  allotment  of  Channel  291A  at  Comfort,  Texas,  at  coordinates  29- 
 58-  06  and  98-  54-  54,  can  be  allotted  to  the  community  in  compliance  with  the  Commission’s  spacing 
 requirements.  However,  due  to  a  lapse  in  Commission  records,  the  allotment  for  Channel  291A  at 
 Kerrville,  Texas,  at  coordinat  es  30-  01-  54  and  99-  09-  01,  did  not  appear  in  the  dat  a  base  at  the  time 
 Crawford’s  petition  for  Comfort  was  filed.  1  According  to  a  staff  engineering  analysis,  Channel  291A 
 cannot  be  allot  t  ed  to  bot  h  Kerrville  and  Comfort  as  the  communit  ies  are  locat  ed  approximat  ely  93 
 kilomet  ers  apart  .  2  The  Commission’s  Rules  stipulate  a  minimum  distance  separation  of  115  kilometers 
 for  co-  channel  Class  A  allotments.  Our  analysis  further  indicates  that 


 there  are  no  alternate  channels  available  for  allotment  at  Comfort.  Therefore,  we  are  withdrawing  the 


 1  Channel  291A  was  allotted  to  Kerrville,  Texas,  in  MM  Docket  No.  97-  244,  14  FCC  Rcd  9146  (1999).  In  MM 
 Docket  No.  99-  357,  15  FCC  Rcd  9179  (2000),  the  coordinates  for  Channel  291A  were  revised  to  specify  30-  01-  54 
 and  99-  09-  01. 


 2  Channel  291A  at  Kerrville,  Texas,  is  listed  in  the  Commission’s  Public  Notice,  DA  00-  2232,  September  29, 
 2000,  announcing  an  auction  scheduled  for  February  21,  2001,  which  was  rescheduled  from  February  21,  2001  to 
 May  9,  2001  (Public  Notice  released  February  21,  2001,  DA  01-  448).  On  March  7,  2001,  the  auction  was 
 rescheduled  from  May  9,  2001  to  December  5,  2001,  for  reasons  of  administrative  convenience  (Public  Notice  DA 
 01-  619). 
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 Federal  Communications  Commission  DA  01-  1864 
 2 
 Notice  in  this  proceeding. 
 3.  IT  IS  ORDERED,  That  the  Secretary  Shall  Send  by  Certified  Mail,  Return  Receipt  Requested, 
 a  copy  of  this  Order  Withdrawing  Notice  of  Proposed  Rule  Making  to  the  petitioner  as  follows: 
 Charles  Crawford,  4553  Bordeaux  Avenue,  Dallas,  Texas  75205. 


 4.  Accordingly,  IT  IS  FURTHER  ORDERED,  That  the  Notice  of  Proposed  Rule  Making  in  MM 
 Docket  No.  01-  142  IS  HEREBY  WITHDRAWN. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Mass  Media 
 Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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