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 Federal  Communications  Commission  DA  03-  2468 
 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.  (Archer  City,  Texas) 


 )  ) 
 )  ) 
 )  )  MB  Docket  No.  03-  116 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  24,  2003  Released:  July  25,  2003 
 By  the  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  the  Notice  of  Proposed  Rule  Making  in  this  proceeding  proposing  the  substitution  of  Channel  248C2  for  Channel  248C1  at  Archer  City,  Texas.  1  This  would 
 conform  the  FM  Table  of  Allotments  to  reflect  the  current  authorization  of  Station  KRZB,  Channel  248C2,  Archer  City,  Texas  (BMPH-  19990217IB).  Texas  Grace  Communications  (“  Texas  Grace”),  permittee  of 
 Station  KRZB,  filed  Comments  supporting  the  proposed  channel  substitution.  For  the  reasons  discussed  below,  we  are  amending  the  FM  Table  of  Allotments  to  specify  Channel  248C2  at  Archer  City,  Texas. 


 Background 
 2.  In  the  Report  and  Order  in  MM  Docket  No.  99-  23,  we  substituted  Channel  248C1  for  Channel  248C2  at  Archer  City,  Texas,  and  modified  the  Texas  Grace  construction  permit  for  Station  KRZB, 
 Archer  City,  to  specify  operation  on  Channel  248C1.  2  That  action  became  effective  on  January  18,  2000.  That  action  was  also  specifically  conditioned  upon  Texas  Grace  filing  an  application  to  implement  this 
 upgrade  within  90  days  of  the  effective  date.  Texas  Grace  has  not  done  so.  For  this  reason,  we,  on  our  own  motion,  issued  the  Notice  in  this  proceeding  proposing  the  substitution  of  Channel  248C2  for 
 Channel  248C1  at  Archer  City. 
 3.  In  response  to  the  Notice,  Texas  Grace  filed  Comments  supporting  the  proposed  channel  substitution  and  stating  that  it  has  no  intention  of  implementing  a  Channel  248C1  operation  at  Archer 
 City.  As  such,  continuing  to  protect  a  Channel  248C1  allotment  at  Archer  City  results  in  an  unwarranted  preclusionary  impact  which  unnecessarily  frustrates  the  introduction  of  additional  service  to  many 
 communities  in  Texas  and  Oklahoma.  Therefore,  we  are  substituting  Channel  248C2  for  Channel  248C1  at  Archer  City.  3 


 1  18  FCC  Rcd  9498  (Media  Bur.  2003). 
 2  Tipton,  Mangum,  Eldorado  and  Granite,  Oklahoma,  and  Archer  City,  Texas,  14  FCC  Rcd  21161  (M.  M.  Bur. 
 1999). 
 3  The  reference  coordinates  for  the  Channel  248C2  allotment  at  Archer  City,  Texas,  are  33-  51-  40  and  98-  38-  52. 
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 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  September  8,  2003,  2003,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission’s  Rules,  IS  AMENDED  for  the  community  listed 
 below,  as  follows: 
 City  Channel  No. 
 Archer  City,  Texas  248C2 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Robert  Hayne,  Media  Bureau  (202)  418-  2177. 


 FEDERAL  COMMUNICATION  COMMISSION 
 Peter  H.  Doyle  Chief,  Audio  Division 
 Media  Bureau 
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