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 Federal  Communications  Commission  DA  05-  1989 
 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.  (Roby  and  Anson,  Texas) 


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 MB  Docket  No.  05-  66  RM-  11146 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  13,  2005  Released:  July  15,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  issued  in  response  to  a  petition  for  rule  making  filed  by  Jeraldine  Anderson  (Petitioner”),  requesting  the  allotment  of  Channel 
 249A  at  Roby,  Texas,  as  the  community’s  first  local  service.  Petitioner  filed  comments,  stating  her  continuing  interest  in  pursuing  the  allotment,  and  her  intention  to  apply  for  a  construction  permit.  No  other 
 comments  or  counterproposals  were  received. 
 2.  We  believe  the  public  interest  would  be  served  by  allotting  Channel  249A  at  Roby,  Texas.  Roby  is  a  community  for  allotment  purposes,  deserving  of  a  first  local  aural  transmission  service. 
 Roby  is  an  incorporated  city  with  a  2000  U.  S.  Census  population  of  673  persons,  and  has  its  own  mayor  and  city  offices. 


 3.  Channel  249A  can  be  allotted  to  Roby  in  compliance  with  the  minimum  distance  separation  requirements  of  the  Commission’s  rules  at  reference  coordinates  32-  43-  00  North  Latitude  and 
 100-  27-  00  West  Longitude  with  a  site  restriction  of  7.5  kilometers  (4.7  miles)  southwest  of  the  community.  To  accommodate  the  allotment  of  Channel  249A  at  Roby,  we  are  amending  the  FM  Table  of 
 Allotments  to  reflect  the  current  licensed  authorization  of  Station  KTLT,  Anson,  Texas  on  Channel  251C2.  2  The  Commission  will  send  a  copy  of  this  Report  and  Order  in  a  report  to  be  sent  to  Congress  and 
 the  Government  Accountability  Office  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  Section  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, 
 August  29,  2005,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.202(  b),  IS  AMENDED  for  the  communities  listed  below,  as  follows: 


 1  Roby  and  Anson,  Texas,  20  FCC  Rcd  4337  (MB  2004)  (“  Notice”). 
 2  As  stated  in  the  Notice,  Station  KTLT’s  construction  permit  for  an  upgrade  to  Channel  251C1  at  Anson,  Texas 
 expired,  and  the  licensee  Cumulus  Licensing  LLC  did  not  file  a  petition  for  reconsideration  of  the  permit  expiration.  As  such,  there  is  no  longer  any  basis  to  protect  Station  KTLT  as  a  Class  C1  facility. 
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 Federal  Communications  Commission  DA  05-  1989 
 2 
 Community  Channel  No. 
 Anson,  Texas  251C2 
 Roby,  Texas  249A 
 5.  IT  IS  FURTHER  ORDERED,  That  the  Commission’s  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Report  and  Order  by 
 Certified  Mail,  Return  Receipt  Requested  to  the  following: 
 Cumulus  Licensing  LLC  3535  Piedmont  Rd. 


 Building  14,  14  th  Floor  Atlanta,  GA  30305 


 6.  A  filing  window  period  for  Channel  249A  at  Roby,  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. 
 7.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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