*Pages 1--3 from Microsoft Word - 31886* Federal Communications Commission DA 03- 2909 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. (Bangs, Texas) (De Beque, Colorado) ) ) ) ) ) ) ) ) ) ) MB Docket No. 03- 153 RM- 10727 MB Docket No. 03- 154 RM- 10736 REPORT AND ORDER (Proceeding Terminated) Adopted: October 1, 2003 Released: October 3, 2003 By the Assistant Chief, Audio Division: 1. The Audio Division has before it Notices of Proposed Rule Making (“ Notice”), 1 specified below, setting forth two separate proposals to amend the FM Table of Allotments, Section 73. 202( b) of the Commission's Rules. Each petitioner filed comments in support of its proposal reaffirming its intention to apply for the requested channel, if allotted. Each proposal complies with all Commission technical requirements and we continue to believe each proposal would serve the public interest. There were no additional comments or counterproposals received in response to the above- listed dockets. Accordingly, we adopt each proposal as originally proposed. These are as follows: A. MB Docket No. 03- 153; RM- 10727 Action: At the request of Charles Crawford, we are allotting Channel 250C3 at Bangs, Texas, as that community's first local aural transmission service. 2 Coordinates: The reference coordinates for Channel 250C3 at Bangs are 31- 41- 32 North Latitude and 99- 15- 17 West Longitude. Additional Information: This allotment requires a site restriction of 11.9 kilometers (7.4 miles) west to avoid a short- spacing to the license sites of Station KATX, Channel 249A, Eastland, Texas and 1 Bangs, Texas and De Beque, Colorado, 18 FCC Rcd 12799 (MB 2003) 2 As stated in the Notice, Bangs is an incorporated community with a 2000 U. S. Census population of 1,620 persons. Bangs has its own mayor, post office, elementary and high school, fire department, city hall, and a number of local churches. 1 Federal Communications Commission DA 03- 2909 2 Station KBFB, Channel 250C, Dallas, Texas. Although concurrence has been requested for Channel 250C3 at Bangs, notification has not been received. If a construction permit is granted prior to the receipt of formal concurrence in the allotment by the Mexican government, the construction permit will include the following condition: "Use of this allotment is subject to suspension, modification, 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's Secretaria de Comunicaciones Y Transportes." FCC Contact: Rolanda F. Smith (202) 418- 2180. B. MB Docket No. 03- 154; RM- 10736 Action: At the request of Garfield- Mesa County Line Broadcasters, we are allotting Channel 275C3 at De Beque, Colorado, as that community's first local aural transmission service. 3 Coordinates: The reference coordinates for Channel 275C3 are 39- 22- 36 North Latitude and 108- 16- 33 West Longitude. Additional Information: This allotment requires a site restriction of 7.1 kilometers (4.4 miles) northwest to avoid a short- spacing to the license site of Station KPRU, Channel 277C2, Delta, Colorado. FCC Contact: Rolanda F. Smith (202) 418- 2180. 2. 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 November 17, 2003, the FM Table of Allotments, Section 73.202( b) of the Commission’s Rules, IS AMENDED, with respect to the communities listed below, to read as follows: Community Channel No. Bangs, Texas 250C3 De Beque, Colorado 275C3 3. The window period for filing applications for these allotments 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. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE TERMINATED. 3 As discussed in the Notice, De Beque is an incorporated community with a 2000 U. S. Census population of 451 persons. 2 Federal Communications Commission DA 03- 2909 3 5. For further information concerning a specific docket, contact the FCC Contact listed above for that docket. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 3