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 Federal  Communications  Commission  DA  02-  1765 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  280  Table  of  Allotments,  )  RM-  10291 
 FM  Broadcast  Stations.  )  (Benjamin,  Texas  )  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  17,  2002  Released:  August  2,  2002 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  petition  filed  by  Katherine  Pyeatt  (“  Pyeatt”),  the  Commission  has  before  it  for  consideration  the  Notice  of  Proposed  Rule  Making  1  seeking  the  allotment  of  Channel  237C3  at  Benjamin, 
 Texas.  2  Pyeatt  filed  comments  in  which  she  reaffirmed  her  support  in  the  allotment  of  Channel  237C3  at  Benjamin.  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  237C3  at  Benjamin,  Texas,  as  it  will  provide  the  community  with  an  its  first  local  FM  service.  Channel  237C3  can  be  allotted  to 
 Benjamin  in  compliance  with  the  Commission's  minimum  distance  separation  requirements  with  a  site  restriction  17.5  kilometers  (10.9  miles)  north  of  the  community.  3 


 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  September  16,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  for  the  community  listed  below,  as  follows: 


 Community  Channel  Number 
 Benjamin,  Texas  237C3 


 1  Benjamin,  Texas,  16  FCC  Rcd  17868  (2001). 
 2  The  allotment  of  Channel  237C3  at  Benjamin  provides  a  first  local  service  to  the  community  of  Benjamin.  The 
 Notice  in  MM  Docket  No.  01-  131  proposes  the  allotment  of  Channel  257C2  at  Benjamin  which,  if  allotted,  could  provide  a  second  FM  broadcast  service  for  the  community.  See  16  FCC  Rcd  12680  (2001). 


 3  The  coordinates  for  Channel  237C3  at  Benjamin  are  33-  44-  27  and  99-  48-  54. 
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 Federal  Communications  Commission  DA  02-  1765 
 4.  A  filing  window  for  Channel  237C3  at  Benjamin,  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. 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Media  Bureau,  (202)  418-  2180.  Questions  related  to  the  application  filing  process  for  Channel  237C3  at  Benjamin,  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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