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 Federal  Communications  Commission  DA  02-  1546 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  147  Table  of  Allotments,  )  RM-  10162 
 FM  Broadcast  Stations.  )  (George  West,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  June  26,  2002  Released:  July  5,  2002 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Commission  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”),  16  FCC  Rcd  13272  (2001),  issued  in  response  to  a  petition  filed  on  behalf  of  Katherine  Pyeatt  (“  petitioner)  proposing  the 
 allotment  of  FM  Channel  292A  to  George  West,  Texas,  as  that  community’s  third  local  aural  transmission  service.  Petitioner  filed  comments  reiterating  her  intention  to  apply  for  Channel  292A  if  it  is  allotted  to 
 George  West,  as  requested.  No  other  comments  were  received. 
 2.  In  view  of  the  interest  expressed  in  providing  an  additional  local  aural  transmission  service  to  George  West,  Texas,  we  will  allot  Channel  292A  to  that  community,  as  requested. 


 3.  As  stated  in  the  Notice,  Channel  292A  can  be  allotted  to  George  West,  in  conformity  with  the  minimum  distance  separation  requirements  of  Section  73.207(  b)(  1)  of  the  Commission’s  Rules  at  a  restricted 
 transmitter  site  located  at  least  12.7  kilometers  (7.9  miles)  west  of  the  community,  utilizing  reference  coordinates  28-  20-  33  NL  and  98-  14-  45  WL.  Additionally,  as  George  West  is  located  within  320  kilometers 
 (199  miles)  of  the  U.  S.-  Mexico  border,  concurrence  of  the  Mexican  government  to  the  proposed  allotment  of  Channel  292A  at  that  community  has  been  requested,  but  not  yet  received.  Rather  than  delay  the  opportunity 
 to  file  an  application  for  this  allotment,  we  will  allot  Channel  292A  at  George  West  at  this  time.  However,  if  a  construction  permit  is  granted  prior  to  the  receipt  of  formal  concurrence  by  the  Mexican  government,  the 
 construction  permit  will  include  the  following  condition:  “Operation  with  the  facilities  specified  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.” 


 4.  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  August  19,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission's  Rules,  under  Texas,  IS  AMENDED,  to  read  as  follows: 


 City  Channel  No. 
 George  West,  Texas  228C3,  265A,  292A 
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 Federal  Communications  Commission  DA  02-  1546 
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 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  A  filing  window  for  Channel  292A  at  George  West,  Texas,  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  this  allotment  for  auction  will  be  addressed  by  the  Commission  in  a 
 subsequent  Order. 
 7.  For  further  information  concerning  the  above,  contact  Nancy  Joyner,  Media  Bureau,  (202)  418-  2180.  Questions  related  to  the  window  application  filing  process  for  Channel  292A  at  George  West, 
 Texas,  should  be  addressed  to  the  Audio  Division,  Media  Bureau,  (202)  418-  2700. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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