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 Federal  Communications  Commission  DA  05-  3210 
 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.  (Victoria,  George  West,  and 
 Three  Rivers,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 MB  Docket  No.  03-  56  RM-  10662 
 RM-  10775 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  December  14,  2005  Released:  December  16,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  issued  at  the  request  of  Victoria  RadioWorks,  Ltd.  (“  Petitioner”),  licensee  of  Station  KEPG(  FM),  Channel  265A,  Victoria, 
 Texas,  requesting  the  substitution  of  Channel  265C3  for  Channel  265A  at  Victoria,  and  the  modification  of  Station  KEPG’s  license  accordingly.  To  accommodate  Station  KEPG’s  upgrade,  Petitioner  requested  the 
 deletion  of  vacant  Channel  265A  at  George  West,  Texas.  Petitioner  filed  comments,  stating  its  continuing  interest  in  pursuing  the  allotment,  and  its  intention  to  apply  for  a  construction  permit.  A  counterproposal 
 was  filed  by  M.  C.  Vargas  (“  Vargas”)  proposing  to  allot  Channel  265A  at  Three  Rivers,  Texas  2  but  Vargas  subsequently  filed  a  “Withdrawal  of  Counterproposal.” 


 2.  We  dismiss  Vargas’s  counterproposal  pursuant  to  his  withdrawal  request.  It  is  the  Commission’s  policy  to  refrain  from  making  an  allotment  to  a  community  absent  an  adequate  expression 
 of  interest.  Vargas’s  withdrawal  request  complies  with  Section  1.420(  j)  of  the  Commission’s  rules.  3 
 3.  We  grant  Petitioner’s  request  to  substitute  Channel  265C3  for  Channel  265A  at  Victoria.  We  believe  that  the  channel  upgrade  will  serve  the  public  interest  because  it  will  enable  Station  KEPG,  to 
 expand  its  coverage  area  of  Victoria,  Texas.  Channel  265C3  can  be  allotted  to  Victoria,  Texas  in  compliance  with  the  minimum  distance  separation  requirements  of  the  Commission’s  rules  at  reference 
 coordinates  located  28-  46-  40  NL  and  97-  04-  10  WL  with  a  site  restriction  of  7.1  kilometers  (4.4  miles)  southwest  of  the  community.  We  have  received  Mexican  concurrence  for  this  allotment.  In  addition,  we 
 delete  vacant  Channel  265A  at  George  West,  Texas  from  the  FM  Table  of  Allotments  to  accommodate  the  upgrade  at  Victoria.  4 


 1  Victoria  and  George  West,  Texas,  18  FCC  Rcd  4452  (MB  2003). 
 2  The  counterproposal  was  placed  on  Public  Notice  on  August  26,  2003,  Report  No.  2624,  (10775). 
 3  47  C.  F.  R.  §  1.420(  j). 
 4  The  construction  permit  (BPH-  19940207MA)  for  the  allotment  at  George  West  expired  on  December  21,  2000. 
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 4.  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). 
 5.  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 
 January  30,  2006,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.202(  b),  IS  AMENDED  for  the  communities  listed  below,  as  follows: 


 Community  Channel  No. 
 George  West.  Texas  228C3,  250A,  292A 
 Victoria,  Texas  222A,  236C1,  254C1,  265C3,  300C1 
 6.  IT  IS  FURTHER  ORDERED,  That  pursuant  to  47  U.  S.  C.  Section  316(  a),  the  license  of  Station  KEPG(  FM),  Channel  265A,  Victoria,  Texas,  IS  MODIFIED  to  specify  operation  on  Channel  265C3, 
 subject  to  the  following  conditions: 
 (a)  within  90  days  of  the  effective  date  of  this  Order,  the  licensee  shall  submit  to  the  Commission  a  minor  change  application  for  a  construction  permit  on  Form  301, 
 specifying  the  new  facility; 
 (b)  Upon  grant  of  the  construction  permit,  program  tests  may  be  conducted  in  accordance  with  47  C.  F.  R.  Section  73.1620;  and 


 (c)  Nothing  contained  herein  shall  be  construed  to  authorize  a  change  in  transmitter  location  or  to  avoid  the  necessity  of  filing  an  environmental  assessment  pursuant  to  47  C.  F.  R. 
 Section  1.1307,  unless  the  proposed  facilities  are  categorically  excluded  from  environmental  processing. 


 7.  Pursuant  to  47  C.  F.  R.  Section  1.1104(  3)(  l),  Victoria  RadioWorks,  Ltd.,  licensee  of  Station  KEPG(  FM),  is  required  to  submit  a  rulemaking  fee  in  addition  to  the  fee  required  for  the  application  to 
 effectuate  the  upgrade  for  Station  KEPG(  FM)  at  the  time  its  Form  301  application  is  submitted. 
 8.  IT  IS  FURTHER  ORDER,  That  the  Secretary  shall  send  a  copy  of  this  Report  and  Order  by  Certified  mail,  Return  Receipt  Requested,  to  the  following: 


 Victoria  RadioWorks,  Ltd.  c/  o  Harry  C.  Martin,  Esq. 
 Fletcher,  Heald  &  Hildreth,  P.  L.  C.  1300  North  17  th  Street 
 11  th  Floor  Arlington,  Virginia  22209 
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 9.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 10.  For  further  information  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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