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 Federal  Communications  Commission  DA  03-  190 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  295  Table  of  Allotments,  )  RM-  10305 
 FM  Broadcast  Stations.  )  RM-  10381  (Jayton,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  5,  2003  Released:  February  7,  2003 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  considers  herein  the  Notice  of  Proposed  Rule  Making  1  (“  Notice”),  issued  in  response  to  a  petition  filed  by  Linda  Crawford  (“  Petitioner”)  proposing  the  allotment  of  FM  Channel  231A  at 
 Jayton  Texas,  as  that  community’s  first  local  aural  transmission  service.  1  Petitioner  filed  supporting  comments.  Robert  Fabian  (“  Fabian”)  filed  a  counterproposal  proposing  the  allotment  of  Channel  231C2  at 
 Jayton,  2  and  stated  his  intention  to  apply  for  the  higher  class  channel  (RM-  10381).  No  other  comments  were  received. 


 2.  We  will  allot  the  highest  class  channel  requested  to  a  community  that  meets  the  technical  provisions  of  our  Rules.  3  In  that  manner  we  can  assure  the  most  effective  and  efficient  management  of  the 
 frequency  spectrum  while  providing  the  public  with  the  greatest  coverage  area  broadcast  facility  to  the  requested  community.  It  has  been  demonstrated  that  Channel  232C2  is  available  to  Jayton,  and  therefore  we 
 will  not  consider  a  Class  A  allotment  in  this  proceeding. 
 3.  A  staff  engineering  analysis  has  determined  that  Channel  231C2  can  be  allotted  to  Jayton,  Texas,  consistent  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  9  kilometers  (5.6  miles)  west  of  the  community.  4  In  view  of  the  interest  expressed  by  Fabian  in  providing  Jayton,  Texas,  with  a  higher  class,  first  local  aural 
 transmission  service,  we  will  allot  Channel  231C2  to  that  community  as  requested. 
 4.  Accordingly,  pursuant  to  the  authority  contained  in  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r)  and 


 1  Jayton,  Texas,  16  FCC  Rcd  18078  (M.  M.  Bur.  2001). 
 2  The  counterproposal  was  placed  on  Public  Notice  February  27,  2002,  Report  No.  2533,  and  assigned  rule  making 
 number  RM-  10381. 


 3  See  Ludlow,  California,  10  FCC  Rcd  563  (M.  M.  Bur.  1995). 


 4  Coordinates  for  Channel  231C2  at  Jayton,  Texas,  are  33-  15-  35  NL  and  100-  40-  08  WL. 
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 Federal  Communications  Commission  DA  03-  190 
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 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  March  24,  2003,  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. 
 Jayton,  Texas  231C2 
 5.  IT  IS  FURTHER  ORDERED,  That  the  petition  for  rule  making  filed  by  Linda  Crawford  (RM-10305),  requesting  the  allotment  of  Channel  231A  to  Jayton,  Texas,  IS  DENIED. 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  A  filing  window  for  Channel  231C2  at  Jayton  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. 
 8.  For  further  information  concerning  the  above,  contact  Nancy  Joyner,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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