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 Federal  Communications  Commission  DA  02-  368 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  183  Table  of  Allotments,  )  RM-  10192 
 FM  Broadcast  Stations.  )  (Rule,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  6,  2002  Released:  February  22,  2002 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Commission  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”),  16  FCC  Rcd  14920  (2001),  issued  in  response  to  a  petition  filed  on  behalf  of  Katherine  Pyeatt 
 (“  petitioner)  proposing  the  allotment  of  FM  Channel  239C2  to  Rule,  Texas,  as  that  community’s  first  local  aural  transmission  service.  Petitioner  filed  supporting  comments  in  response  to  the  Notice. 
 Powell  Meredith  Communications  Company  (“  Powell  Meredith”)  also  filed  comments  stating  its  intention  to  apply  for  Channel  239C2  if  it  is  allotted  to  Rule,  as  requested.  No  other  comments  were 
 received. 
 2.  In  view  of  the  interests  expressed  in  providing  a  first  local  aural  transmission  service  to  Rule,  Texas,  we  will  allot  Channel  239C2  to  that  community,  as  requested. 


 3.  As  stated  in  the  Notice,  Channel  239C2  can  be  allotted  to  Rule,  in  conformity  with  the  minimum  distance  separation  requirements  of  Section  73.207(  b)(  1)  of  the  Commission’s  Rules 
 provided  the  transmitter  site  is  located  at  least  12.7  kilometers  (7.9  miles)  east  of  the  community,  utilizing  reference  coordinates  33-  13-  01  NL  and  99-  45-  45  WL. 


 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  April  8,  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. 
 Rule,  Texas  239C2 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
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 Federal  Communications  Commission  DA  02-  368 
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 6.  A  filing  window  for  Channel  239C2  at  Rule,  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,  Mass  Media  Bureau,  (202)  418-  2180.  Questions  related  to  the  window  application  filing  process  for  Channel 
 239C2  at  Rule,  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 
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