*Pages 1--5 from Microsoft Word - 22400.doc* Federal Communications Commission DA 02- 2815 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of Amendment of Section 73. 202( b) FM Table of Allotments, FM Broadcast Stations (Junction, Texas) (Chino Valley, Arizona) (Arkadelphia, Arkansas) (Aspermont, Texas) (Cotulla, Texas) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MM Docket No. 01- 263 RM- 10280 MM Docket No. 01- 264 RM- 10281 MM Docket No. 01- 265 RM- 10282 MM Docket No. 01- 266 RM- 10283 MM Docket No. 01- 267 RM- 10289 REPORT AND ORDER (Proceeding Terminated) Adopted: October 16, 2002 Released: October 25, 2002 By the Assistant Chief, Audio Division: 1. The Audio Division considers herein a multiple docket Notice of Proposed Rule Making setting forth five separate proposals to amend the FM Table of Allotments, Section 73.202( b) of the Rules. Each proposal involves adding a community to the FM Table of Allotments. Each petitioner, Maurice Salsa (Junction Texas), Charles Crawford (Arkadelphia, Arkansas and Chino Valley, Arizona), and Jeraldine Anderson (Aspermont and Cotulla, Texas) states that it will file an application for construction permit at each locality and bid at auction if the channel is allotted. 2. This is a multiple docket Report and Order issued in response to a Commission Public Notice released October 2, 1998 (DA 98- 1987). We are combining separate FM allotment proposals into a single Report and Order. Each proposal has its own docket and rule making number and the Commission's Reference Center will maintain a separate file for each docket. As discussed in the Public Notice, this procedure will conserve Commission resources and expedite the processing of FM allotment petitions for rule making by avoiding duplicative actions. We discuss the following proposals: A. MM Docket No. 01- 263, RM- 10280 Petitioner: Maurice Salsa 5615 Evergreen Valley Drive Kingwood, Texas 77345 Determination: Allot Channel 292A at Junction, Texas as the community’s second 1 Federal Communications Commission DA 02- 2815 2 commercial FM transmission service. 1 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 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED That effective, December 9, 2002, the FM Table of Allotments, Section 73. 202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Junction, Texas 228C2, 292A Coordinates: 30- 29- 21 NL and 99- 46- 18 WL. Additional Information: Channel 292A is allotted at Junction without a site restriction. Petitioner filed comments reiterating its support of the allotment, pledging to apply for the channel, when allotted, and if authorized, promptly build the facility. Because this proposal is within 320 kilometers (200 miles) of the Mexican border, Mexican concurrence has been received for this allotment. FCC Contact: Victoria M. McCauley (202) 418- 2180. B. MM Docket No. 01- 264, RM- 10281 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Determination: Allot Channel 223A at Chino Valley, Arizona as the community’s second commercial FM transmission service. 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 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED That effective, December 9, 2002, the FM Table of Allotments, Section 73. 202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Chino Valley, Arizona 280B, 223A Coordinates: 34- 46- 10 NL and 112- 31- 03 WL Additional Information: Channel 223A is allotted at Chino Valley at a site 6 kilometers (3.7 miles) west of the community. Petitioner filed comments reiterating its support of the allotment, pledging to apply for the channel, when allotted, and if authorized, promptly build the facility. Since this proposal is within 320 kilometers (200 miles) of the Mexican border, Mexican concurrence has been requested but not yet received for this allotment. Rather than delay the opportunity to file an application for this allotment, we will allot Channel 223A at Chino Valley 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 1 We note that also pending are proposals to allot Channels 277C3, 284A and 297A at Junction. In addition, vacant NCE Channel 212A is allotted at Junction and NCE Station KOOK (FM) is also licensed to the community. 2 Federal Communications Commission DA 02- 2815 3 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.” FCC Contact: Victoria M. McCauley (202) 418- 2180. C. MM Docket No. 01- 265, RM- 10282 Petitioner: Charles Crawford 4553 Bordeaux Ave. Dallas, Texas 75205 Determination: Allot Channel 228A at Arkadelphia, Arkansas, as the community’s second commercial FM transmission service. 2 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 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED That effective, December 9, 2002, the FM Table of Allotments, Section 73. 202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Arkadelphia, Arkansas 265A, 228A Coordinates: 34- 07- 10 NL and 93- 10- 43 WL. Additional Information: Channel 228A can be allotted at Arkadelphia with a site restriction of 11.5 kilometers (7.2 miles) west of the community. Petitioner filed comments reiterating its support of the allotment, pledging to apply for the channel, when allotted, and if authorized, promptly build the facility. FCC Contact: Victoria M. McCauley (202) 418- 2180. D. MM Docket No. 01- 266, RM- 10283 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Determination: Allot Channel 226C2 at Aspermont, Texas, as the community’s first local aural transmission service. 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 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED That effective, December 9, 2002, the FM Table of Allotments, Section 73. 202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Aspermont, Texas 226C2 2 NCE Station KSWH- FM is also licensed to the community of Arkadelphia. 3 Federal Communications Commission DA 02- 2815 4 Coordinates: 33- 11- 27 NL and 100- 14- 50 WL Additional Information: We received no opposing comments on the community status of Aspermont, and we therefore take official notice that Aspermont is a community for allotment purposes. It is an incorporated city, the county seat of Stonewall County, and has a population exceeding 1,000 persons. It has a mayor, volunteer fire department, post office, school district and churches. Channel 226C2 is allotted at Aspermont with a site restriction of 6.7 kilometers (4.1 miles). Petitioner filed comments reiterating its support of the allotment, pledging to apply for the channel, when allotted, and if authorized, promptly build the facility. FCC Contact: Victoria M. McCauley (202) 418- 2180. E. MM Docket No. 01- 267, RM- 10289 Petitioner: Jeraldine Anderson 1702 Cypress Drive Irving, Texas 75061 Determination: Allot Channel 289A at Cotulla, Texas, as the community’s second local aural service. 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 0.61, 0.204( b) and 0.283 of the Commission’s Rules, IT IS ORDERED That effective, December 9, 2002, the FM Table of Allotments, Section 73. 202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, as follows: Community Channel Cotulla, Texas 242A, 289A Coordinates: 28- 24- 57 NL and 99- 16- 49 WL. Additional Information: Channel 289A is allotted at Cotulla with a site restriction of 5.0 kilometers (3.1 miles) southwest of the community. Petitioner filed comments reiterating its support of the allotment, pledging to apply for the channel, when allotted, and if authorized, promptly build the facility. Since this proposal is within 320 kilometers (200 miles) of the Mexican border, Mexican concurrence has been received for this allotment. FCC Contact: Victoria M. McCauley (202) 418- 2180. 3. Filing windows for Channels will not be opened at this time. Instead the issue of opening these allotments for auction will be addressed by the Commission in a subsequent Order. 4. For further information regarding a proceeding listed above, contact the FCC contact listed for that proceeding. Questions related to the application process should be addressed to the Audio Division, Media Bureau (202) 418- 2700. 4 Federal Communications Commission DA 02- 2815 5 5. IT IS FURTHER ORDERED That this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 5