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 Federal  Communications  Commission  DA  03-  1934 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.  202(  b)  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Estelline,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 MB  Docket  No.  03-  55  RM-  10653 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  June  18,  2003  Released:  June  20,  2003 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  ,  issued  at  the  request  of  Katherine  Pyeatt  (“  Petitioner”),  proposing  the  allotment  of  Channel  263C3  to  Estelline, 
 Texas,  as  that  community’s  first  local  aural  transmission  service.  Petitioner  filed  comments  reiterating  an  intention  to  apply  for  Channel  263C3  if  allotted  to  Estelline,  as  requested.  No  counterproposals  or 
 additional  comments  were  received  in  response  to  this  proceeding. 
 2.  We  find  that  Estelline  (population  168)  is  a  community  for  allotment  purposes.  This  requirement  is  usually  satisfied  if  a  community  is  either  incorporated  or  listed  in  the  U.  S.  Census.  2 
 Although  the  population  of  Estelline  is  small,  it  nevertheless  qualifies  as  a  community  since  it  is  listed  in  the  U.  S.  Census  and  it  is  incorporated.  3  Estelline  has  its  own  mayor,  post  office,  city  hall  and  a  number  of  local 
 churches. 
 3.  In  view  of  the  interest  expressed  in  providing  a  first  local  aural  transmission  service  to  Estelline,  Texas,  we  will  allot  Channel  263C3  to  that  community,  as  requested.  As  stated  in  the  Notice,  Channel 
 263C3  can  be  allotted  to  Estelline,  in  compliance  with  the  Commission’s  minimum  distance  separation  requirements,  provided  there  is  a  site  restriction  of  13.7  kilometers  (8.5  miles)  southwest  of  the  community.  4 


 4.  Accordingly,  pursuant  to  the  authority  found  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  4,  2003,  the  FM  Table  of  Allotments, 


 1  See  Estelline,  Texas,  18  FCC  Rcd  4448  (MB  2003). 
 2  See,  e.  g.,  Revision  of  FM  Assignment  Policies  and  Procedures,  90  FCC  2d  101  (1982);  and  Cleveland  and 
 Ebenezer,  MS,  10  FCC  Rcd  8807,  8808  (M.  M.  Bur.  1995).  3 
 See,  e.  g.,  Implementation  of  BC  Docket  80-  90  to  Increase  the  Availability  of  FM  Broadcasting  Assignments  (Semora,  North  Carolina),  5  FCC  Rcd  934  (1990)  (community  of  150  persons  qualified  as  a  community  even 


 though  it  was  not  listed  in  the  U.  S.  Census  or  incorporated).  4 
 The  reference  coordinates  for  Channel  263C3  at  Estelline  are  34-  28-  41  NL  and  100-  33-  42  WL. 
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 Federal  Communications  Commission  DA  03-  1934 
 2 
 Section  73.202(  b)  of  the  Commission’s  Rules,  IS  AMENDED,  with  respect  to  the  community  listed  below,  to  read  as  follows: 
 Community  Channel  No. 
 Estelline,  Texas  263C3 


 5.  The  window  period  for  filing  applications  for  Channel  263C3  at  Estelline,  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. 
 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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