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 Federal  Communications  Commission  DA  04-  912 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  152  Table  of  Allotments,  )  RM-  10168 
 FM  Broadcast  Stations.  )  (Encinal,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  April  2,  2004  Released:  April  5,  2004 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  petition  filed  by  Charles  Crawford  (“  Petitioner”),  the  Commission  has  before  it  for  consideration  the  Notice  of  Proposed  Rulemaking,  1  requesting  the  allotment  of  Channel  259A  at  Encinal, 
 Texas,  as  the  community’s  second  local  FM  transmission  service.  Petitioner  filed  comments  supporting  the  allotment  of  Channel  259A  at  Encinal,  Texas.  No  other  comments  were  received. 


 2.  We  believe  the  public  interest  would  be  served  by  allotting  Channel  259A  to  Encinal,  Texas.  Encinal  is  a  community  for  allotment  purposes,  deserving  of  a  second  local  FM  transmission  service.  Channel 
 259A  can  be  allotted  to  Encinal  in  compliance  with  the  minimum  distance  separation  requirements  of  the  Commission’s  Rules  with  a  site  restriction  of  10.9  kilometers  (6.8  miles)  east  of  Encinal  at  28-  03-  51  NL  and 
 99-  14-  47  WL.  The  Mexican  government  has  concurred  in  this  allotment.  2 
 3.  A  filing  window  for  Channel  259A  at  Encinal,  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. 
 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  May  20,  2004,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commission’s  Rules,  IS  AMENDED  for  the  community  listed  below,  as 
 follows: 
 Community  Channel  Number 


 1  Eminence,  Missouri,  Encinal,  Texas,  and  Tilden,  Texas,  16  FCC  Rcd  13,915  (MM  2001). 
 2  The  allotment  requires  concurrence  by  Mexico  because  it  is  located  within  320  kilometers  (199  miles)  of  the 
 Mexican  border.  Concurrence  was  received  on  March  1,  2002. 
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 Federal  Communications  Commission  DA  04-  912 
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 Encinal,  Texas  259A,  273A 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Deborah  Dupont,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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