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 Federal  Communications  Commission  DA  01-  879 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  54 
 Table  of  Allotments,  )  RM-  9835 
 FM  Broadcast  Stations.  )  RM-  9907 
 (Mount  Pleasant  &  Bogata,  Texas)  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  March  28,  2001  Released:  April  6,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  for  consideration  a  Petition  for  Reconsideration  filed  by 
 Bogata  Broadcasting  Company  (“  BBC”),  requesting  rescission  of  the  Channel  263A  allotment  at 
 Bogata,  Texas,  allotted  in  the  Report  and  Order  in  this  proceeding,  15  FCC  Rcd  25565  (2000).  1  Also 
 before  us  is  a  joint  request  for  approval  of  a  settlement  agreement  filed  by  BBC  and  Inspiration  Media 
 of  Texas,  Inc.  (“  Inspiration”).  As  requested,  we  shall  grant  BBC’s  Petition  for  Reconsideration  and  the 
 settlement  agreement. 


 2.  Background.  In  response  to  a  Petition  for  Rule  making  filed  by  Leo  Ashcraft  (“  Ashcraft”), 
 the  Commission  issued  a  Notice  of  Proposed  Rule  Making  (“  Notice”)  proposing  the  allotment  of 
 Channel  263A  at  Mount  Pleasant,  Texas.  In  response  to  the  Notice,  BBC  filed  a  counterproposal 
 requesting  the  allotment  of  Channel  263A  at  Bogata,  Texas.  Channel  263A  was  allotted  to  Bogata  as 
 no  timely  comments  were  received  supporting  an  allotment  at  Mount  Pleasant. 


 3.  Petition  for  Reconsideration  and  Settlement  Agreement.  On  December  12,  2000,  BBC 
 filed  a  Petition  for  Reconsideration  requesting  that  the  allotment  of  Channel  263A  at  Bogata,  Texas,  be 
 rescinded.  BBC  states  that  it  withdraws  it  expression  of  interest  in  the  allotment  of  Channel  263A  at 
 Bogat  a  so  that  the  channel  is  available  for  allot  ment  to  anot  her  communit  y.  This  act  ion  will  also  allow 
 Inspiration,  proposed  assignee  of  an  unbuilt  permit  for  Channel  264C,  Highland  Village,  Texas,  to 
 make  technical  improvement  s  to  the  facilit  y  at  Highland  Village.  In  accordance  with  Section  1.420(  j) 
 of  the  Commission’s  Rules,  BBC  filed  an  affidavit  stating  that  the  monies  received  for  withdrawal  of  its 
 interest  in  Channel  263A  at  Bogata  from  Inspitation  do  not  exceed  its  reasonable  and  prudent  expenses 
 incurred  for  the  preparation  and  filing  of  its  counterproposal  in  this  proceeding. 


 1  Public  Notice  of  the  Petition  for  Reconsideration  was  given  on  February  20,  2001,  Report  No.  2466.  No 
 comments  were  received  in  response  to  the  Public  Notice. 
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 Federal  Communications  Commission  DA  01-  879 
 4.  Accordingly,  IT  IS  ORDERED,  That  the  aforementioned  Petition  for  Reconsideration  filed  by 
 Bogata  Broadcasting  Company  IS  GRANTED,  and  the  Settlement  Agreement  IS  APPROVED. 


 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  21,  2001,  the  FM  Table  of  Allotments, 
 Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  by  removing  Channel  263A  and  Bogata, 
 Texas. 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  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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