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 Federal  Communications  Commission  DA  05-  2008 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b)  )  MB  Docket  No.  04-  330  Table  of  Allotments,  )  RM-  11051 
 FM  Broadcast  Stations.  )  (Palacios,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  13,  2005  Released:  July  15,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  In  response  to  a  Petition  for  Rule  Making  filed  by  Charles  Crawford  (“  Petitioner”)  the  Audio  Division  considers  herein  a  Notice  of  Proposed  Rule  Making  1  proposing  the  allotment  of  Channel  264A  to 
 Palacios,  Texas,  as  that  community’s  second  local  aural  transmission  service.  Petitioner  has  filed  comments  expressing  its  continued  interest  in  applying  for  Channel  264A  if  it  is  allotted  to  Palacios,  Texas,  and  stating 
 that  if  its  application  is  granted,  it  will  construct  a  station  in  that  community.  For  the  reasons  stated  below,  we  allot  Channel  264A  to  Palacios,  Texas. 


 2.  We  conclude  that  the  public  interest  would  be  served  by  the  allotment  of  Channel  264A  to  Palacios,  Texas,  since  it  will  provide  a  second  local  aural  transmission  service  to  that  community.  Channel 
 264A  can  be  allotted  to  Americus,  Georgia,  consistent  with  the  Commission’s  technical  requirements  at  coordinates  of  28-  36-  26  NL  and  96-  10-  00  WL,  with  a  site  restriction  of  12.2  kilometers  (7.6  miles)  southeast 
 of  Palacios,  Texas.  The  Mexican  Government  has  concurred  in  this  allotment. 
 3.  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). 


 1  Palacios,  Texas,  et  al.,  19  FCC  Rcd  16631  (MB  2004). 
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 Federal  Communications  Commission  DA  05-  2008 
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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  0.6l,  0.204(  b)  and  0.283  of  the  Commission’s 
 Rules,  IT  IS  ORDERED,  That  effective  August  29,  2005,  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 
 Palacios,  Texas  259C2,  2  264A 
 5.  A  filing  window  for  Channel  264A  at  Palacios,  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. 


 6.  IT  IS  FURTHER  ORDERED,  That  the  Petition  for  Rule  Making  (RM-  11051)  filed  by  Charles  Crawford  IS  GRANTED. 
 7.  IT  IS  FURTHER  ORDERED,  That  MB  Docket  No.  04-  330  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  R.  Barthen  Gorman,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 


 2  We  have  no  record  that  Channel  259A  is  currently  licensed  or  allotted  to  Palacios.  Accordingly,  we  hereby  delete 
 Channel  259A  from  47  C.  F.  R  §  73.202(  a),  FM  Table  of  Alloltments  under  Palacios,  Texas.  This  action  constitutes  an  editorial  change  in  the  FM  Table  of  Allotments.  Therefore,  we  find  for  good  cause  that  a  public  notice  and 


 comment  proceeding  is  unnecessary.  See  5  U.  S.  C.  §  553(  b)  (A)  and  (B). 
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