*Pages 1--2 from Microsoft Word - 53294.doc* Federal Communications Commission DA 05- 3012 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 02- 253 Table of Allotments, ) RM- 10317 FM Broadcast Stations. ) RM- 10872 (Rankin and Sanderson, Texas) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 23, 2005 Released: November 25, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. In response to a petition filed by Katherine Pyeatt (“ Petitioner”), the Commission has before it for consideration the Notice of Proposed Rulemaking, 1 requesting the allotment of Channel 273C1 at Rankin, Texas, as potentially the community’s second local FM service. 2 Petitioner filed comments supporting the allotment of Channel 273C1 at Rankin, Texas. 2. Big Bend Broadcasting (“ Big Bend”) submitted a counterproposal proposing the allotment of Channel 274C1 at Sanderson, Texas, as potentially the second local FM service. 3 Big Bend states that Sanderson is a census- designated place with a population of 861 persons. Sanderson is the county seat for Terrell County and has its own elementary school, junior high school, high school, public library, and seven churches. Sanderson also has a bank, five restaurants, two law offices, a real estate office, a health care center, several motels, and numerous other businesses and government agencies. Many of those businesses incorporate the name “Sanderson” in their business names. 3. Petitioner filed reply comments expressing support for Big Bend’s counterproposal. Petitioner states that the allotment of Channel 274C1 at Sanderson, as proposed by Big Bend, would be consistent with petitioner’s belief that the public interest is served by providing FM channels for relatively small communities that are not a part of a metropolitan area. We find that petitioner has, by the statements in her reply comments, demonstrated that she has no continuing interest in the allotment of Channel 273C1 at Rankin, Texas. It is the Commission’s policy to refrain from making an allotment to a community absent an adequate expression of interest; we therefore will not consider the allotment of Channel 273C1 at Rankin, Texas. 1 Las Animas, Colorado, Muleshoe, Texas, Rocksprings, Texas, Rankin, Texas, and Big Lake, Texas, 17 FCC Rcd 16,220 (MB 2002). 2 Channel 229C3 at Rankin is a vacant allotment. 3 Channel 286C2 at Sanderson is a vacant allotment. 1 Federal Communications Commission DA 05- 3012 2 4. For all of the foregoing reasons, we find that the public interest would be served by allotting Channel 274C1 at Sanderson, Texas. Sanderson is a community for allotment purposes, deserving of a second local FM transmission service. Channel 274C1 can be allotted to Sanderson in compliance with the minimum distance separation requirements of the Commission’s Rules with a site restriction of 17.6 kilometers (11.0 miles) south of Sanderson at reference coordinates of 29- 59- 17 NL and 102- 26- 32 WL. The Government of Mexico has concurred in this allotment, which is located within 320 kilometers (199 miles) of the U. S.- Mexican border. 5. A filing window for Channel 274C1 at Sanderson, 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. 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 January 9, 2006, 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 Sanderson, Texas 274C1, 286C2 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202) 418- 7072. Questions related to the application filing process for Channel 274C1 at Sanderson, Texas, should be addressed to the Audio Division, Media Bureau, (202) 418- 2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 2