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 Federal  Communications  Commission  DA  05-  2210 
 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.  (Big  Spring,  Texas) 


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 MB  Docket  No.  05-  137  RM-  11161 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  27,  2005  Released:  July  29,  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  Charles  Crawford  (Petitioner”),  requesting  the  allotment  of  Channel 
 265C3  at  Big  Spring,  Texas.  Petitioner  filed  comments,  stating  his  continuing  interest  in  pursuing  the  allotment,  and  his  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  265C3  at  Big  Spring,  Texas,  as  the  community’s  third  local  commercial  FM  service.  2  Channel  265C3  can  be  allotted  to  Big 
 Spring  in  compliance  with  the  minimum  distance  separation  requirements  of  the  Commission’s  rules  at  reference  coordinates  32-  12-  00  North  Latitude  and  101-  18-  00  West  Longitude  with  a  site  restriction  of 
 17.7  kilometers  (11  miles)  east  of  Big  Spring.  Although  Mexican  concurrence  has  been  requested,  notification  has  not  been  received.  If  a  construction  permit  for  Channel  265C3  at  Big  Spring,  Texas,  is 
 granted  prior  to  receipt  of  formal  concurrence  by  the  Mexican  government,  the  authorization  will  include  the  following  condition:  “Operation  with  the  facilities  specified  herein  for  Big  Spring,  Texas,  is  subject 
 to  modification,  suspension,  or  termination  without  right  to  hearing,  if  found  by  the  Commission  to  be  necessary  in  order  to  conform  to  the  Mexico-  United  States  FM  Broadcast  Agreement,  or  if  specifically 
 objected  to  by  the  Government  of  Mexico.”  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). 
 3.  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, 


 1  Arapaho,  Oklahoma,  et  al.,  20  FCC  Rcd  6228  (MB  2005). 
 2  Commercial  FM  stations  KBTS  and  KBST-  FM,  AM  Stations  KBYG  and  KBST,  and  noncommercial  educational 
 FM  station  KBCX  are  licensed  to  Big  Spring,  Texas. 
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 Federal  Communications  Commission  DA  05-  2210 
 2 
 September  12,  2005,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.  202(  b),  IS  AMENDED  for  the  community  listed  below,  as  follows: 
 Community  Channel  No. 
 Big  Spring,  Texas  265C3 
 4.  A  filing  window  period  for  Channel  265C3  for  Big  Spring,  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. 
 5.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 6.  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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