*Pages 1--2 from  Microsoft Word - 58537.doc*
 Federal  Communications  Commission  DA  06-  1486 
 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.  (Austwell,  Refugio,  and  Victoria,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MB  Docket  No.  05-  154  RM-  11224 
 RM-  11250 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  19,  2006  Released:  July  21,  2006 
 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  Katherine  Pyeatt  (“  Petitioner”),  requesting  the  allotment  of  Channel  290A 
 at  Victoria,  Texas  as  a  sixth  FM  commercial  broadcast  service,  and  a  change  in  reference  coordinates  for  vacant  Channel  291A  at  Refugio,  Texas  to  accommodate  the  proposed  allotment  (RM-  11224).  Petitioner 
 filed  comments  stating  her  continuing  interest  but  subsequently  filed  a  “Request  for  Approval  of  Withdrawal”  seeking  dismissal  of  her  petition.  Voz  de  la  Raza  (“  Voz”)  timely  filed  a  counterproposal 
 proposing  to  allot  Channel  290A  at  Austwell,  Texas  as  a  first  local  aural  transmission  service  which  also  requires  a  change  in  reference  coordinates  of  Channel  291A  at  Refugio  (RM-  11250).  2 


 2.  It  is  the  Commission’s  policy  to  refrain  from  making  an  allotment  to  a  community  absent  an  adequate  expression  of  interest.  Petitioner  states  that  no  consideration  has  been  paid  or  promised, 
 directly  or  indirectly  for  withdrawing  its  petition.  3  No  other  party  has  expressed  an  interest  in  the  allotment  of  Channel  290A  at  Victoria.  Therefore,  we  dismiss  Petitioner’s  petition  to  allot  Channel  290A 
 at  Victoria,  Texas.  Next  we  consider  Voz’s  counterproposal. 
 3.  We  find  that  Austwell  is  a  community  for  allotment  purposes  and  that  the  public  interest  would  be  served  by  allotting  Channel  290A  as  a  first  local  aural  transmission  service.  4  Channel  290A  can 
 be  allotted  to  Austwell  consistent  with  the  Commission’s  minimum  distance  separation  requirements  at  28-  23-  40  North  Latitude  (“  NL”)  and  96-  41-  17  West  Longitude  (“  WL”)  with  a  site  restriction  of  15.1 
 kilometers  (9.  4  miles)  east  of  the  community.  Since  Austwell  is  located  within  320  kilometers  (199  miles)  of  the  U.  S.-  Mexican  border,  concurrence  of  the  Mexican  government  has  been  requested  but  has 
 not  been  obtained.  If  a  construction  permit  for  Channel  290A  at  Austwell,  Texas  is  granted  prior  to  the  Commission’s  receipt  of  formal  concurrence  in  the  allotment  by  the  Mexican  government,  the 


 1  See  Steamboat  Springs,  Colorado,  et  al.,  Notice  of  Proposed  Rule  Making,  20  FCC  Rcd  6327  (MB  2005) 
 (“  Notice”)  (The  instant  Report  and  Order  disposes  of  one  docket  in  this  multiple  docket  Notice.).  2 
 The  counterproposal  was  placed  on  Public  Notice  on  June  24,  2005,  Report  No.  2717,  (RM-  11250).  3 
 47  C.  F.  R.  §  1.420(  j).  4 
 Austwell  is  listed  as  a  city  with  a  population  of  192  persons  according  to  the  2000  U.  S.  Census.  Voz  states  that  Austwell  is  incorporated,  has  a  city  hall,  post  office,  municipally  provided  water  service,  and  administers  the 


 Austwell-  Tivoli  Independent  School  District. 
1
 Federal  Communications  Commission  DA  06-  1486 
 2 
 construction  permit  will  include  the  following  condition:  “Use  of  this  allotment  is  subject  to  suspension,  modification,  or  termination  without  right  to  hearing,  if  found  by  the  Commission  to  be  necessary  in  order 
 to  conform  to  the  1992  USA-  Mexico  FM  Broadcast  Agreement  of  if  specifically  objected  to  by  Mexico’s  Secretaria  de  Communicaciones  Y  Transportes.”  To  accommodate  the  Austwell  allotment,  the 
 coordinates  of  vacant  Channel  291A  at  Refugio  are  changed  to  28-  19-  44  NL  and  97-  24-  59  WL  with  a  site  restriction  of  14.1  kilometers  (8.8  miles)  west  of  Refugio.  Mexican  concurrence  was  previously  obtained 
 for  this  channel. 
 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, 
 September  5,  2006,  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. 
 Austwell,  Texas  290A 
 6.  A  filing  window  period  for  Channel  290A  at  Austwell,  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  Petition  for  Rule  Making  filed  by  Katherine  Pyeatt  IS  DISMISSED. 


 8.  IT  IS  FURTHER  ORDERED,  That  the  counterproposal  filed  by  Voz  de  la  Raza  IS  GRANTED. 
 9.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 10.  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 
2