*Pages 1--2 from  Microsoft Word - 43544.doc*
 Federal  Communications  Commission  DA  04-  3442 
 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.  (El  Indio,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MB  Docket  No.  04-  169  RM-  10760 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  27,  2004  Released:  October  29,  2004 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  ,  issued  at  the  request  of  Charles  Crawford  (“  Petitioner”),  proposing  the  allotment  of  Channel  236A  to  El  Indio,  Texas, 
 as  that  community’s  first  local  aural  transmission  service.  Petitioner  filed  comments  reiterating  an  intention  to  apply  for  Channel  236A  if  allotted  to  El  Indio,  as  requested.  No  counterproposals  or  additional  comments 
 were  received  in  response  to  this  proceeding. 
 2.  In  view  of  the  interest  expressed  in  providing  a  first  local  aural  transmission  service  to  El  Indio,  Texas,  we  will  allot  Channel  236A  to  that  community,  as  requested.  As  discussed  in  the  Notice,  El  Indio  is 
 a  Census  Designated  Place  with  a  2000  U.  S.  Census  population  of  263  persons.  El  Indio  has  its  own  post  office  and  zip  code,  community  center,  several  churches  and  a  number  of  local  businesses  serving  the 
 residents  of  the  community.  Channel  236A  can  be  allotted  to  El  Indio,  in  compliance  with  the  Commission’s  minimum  distance  separation  requirements,  provided  there  is  a  site  restriction  of  1.3 
 kilometers  (0.  8  miles)  southeast  of  the  community  at  coordinates  28-  30-  22  NL  and  100-  18-  03  WL.  Additionally,  Mexican  concurrence  was  requested  for  the  El  Indio  allotment  since  the  community  is  located 
 within  320  kilometers  of  the  U.  S.-  Mexican  border.  The  Mexican  government  has  accepted  concurrence  for  this  allotment. 


 3.  The  Commission  will  send  a  copy  of  this  Report  and  Order  in  a  report  to  be  sent  to  Congress  and  the  General  Accounting  Office  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  801(  a)(  1)(  A). 
 4.  Accordingly,  pursuant  to  the  authority  found  in  47  U.  S.  C.  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r)  and  307(  b)  and  47  C.  F.  R.  Sections  0.61,  0.204(  b)  and  0.283,  IT  IS  ORDERED,  That  effective  December 
 13,  2004,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.  202(  b),  IS  AMENDED,  with  respect  to  the  community  listed  below,  to  read  as  follows: 


 Community  Channel  No. 
 El  Indio,  Texas  236A 


 1  See  El  Indio,  Texas,  19  FCC  Rcd  8079  (MB  2004). 
1
 Federal  Communications  Commission  DA  04-  3442 
 2 
 5.  The  window  period  for  filing  applications  for  Channel  236A  at  El  Indio  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 
2