*Pages 1--2 from Microsoft Word - 12465.doc* Federal Communications Commission DA 01- 2488 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 01- 187 Table of Allotments, ) RM- 10174 FM Broadcast Stations. ) (Sabinal, Texas ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: October 17, 2001 Released: October 26, 2001 By the Chief, Allocations Branch: 1. In response to a petition filed by Katherine Pyeatt (“ Pyeatt”), the Commission has before it for consideration the Notice of Proposed Rule Making, 16 FCC Rcd 15264 (2001), seeking the allotment of Channel 296A at Sabinal, Texas, as that community's first local FM broadcast service. Pyeatt filed supporting comments in which it reaffirmed its support in the allotment of Channel 296A at Sabinal. No other comments were received at the Commission in response to the Notice. 2. We believe that the public interest would be served by the allotment of Channel 296A at Sabinal, Texas, as it will provide the communit y wit h an its first local FM broadcast service. Channel 296A can be allot t ed t o Sabinal in compliance wit h the Commission's minimum dist ance separat ion requirement s wit h a sit e rest rict ion 2. 9 kilomet ers (1. 8 miles) nort hwest of the communit y. 1 Although Mexican concurrence has been requested for the allotment of Channel 296A at Sabinal, notification has not been received. Therefore, operation with the facilities specified for Sabinal herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA- Mexico FM Broadcast Agreement or if specifically objected to by Mexico 3. 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 December 10, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED for the community listed below, as follows: 1 The coordinates for Channel 296A at Sabinal are 29- 20- 17 and 99- 29- 00. 1 2 Federal Communications Commission DA 01- 2488 Communit y Channel Number Sabinal, Texas 296A 4. A filing window for Channel 296A at Sabinal, Texas, will not be opened at this time. Inst ead, t he issue of opening this allot ment for auct ion will be addressed by the Commission in a subsequent order. 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. Questions related to the application filing process for Channel 296A at Sabinal, Texas, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418- 2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 2