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 Federal  Communications  Commission  DA  06-  339 
 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.  (Port  Isabel,  Texas) 


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 MB  Docket  No.  04-  274  RM-  11016 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  15,  2006  Released:  February  17,  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  Dana  J.  Puopolo  (Petitioner”),  requesting  the  allotment  of  Channel  288A 
 at  Port  Isabel,  Texas,  as  the  community’s  second  local  service.  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  288A  at  Port  Isabel,  Texas  as  a  second  local  service.  Channel  288A  can  be  allotted  to  Port  Isabel  in  compliance  with  the 
 minimum  distance  separation  requirements  of  the  Commission’s  rules  at  reference  coordinates  25-  59-  25  North  Latitude  and  97-  09-  59  West  Longitude  provided  there  is  a  site  restriction  of  10.0  kilometers  (6.3 
 miles)  southeast  of  the  community.  Mexican  concurrence  has  been  obtained.  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, 
 April  3,  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. 
 Port  Isabel,  Texas  266C2,  2  288A 


 1  See  Harrisonburg,  Louisiana,  et  al.,  19  FCC  Rcd  13858  (MB  2005)  (“  Notice”)  (This  was  a  multiple  docket  Notice 
 setting  forth  several  separate  proposals  while  the  instant  Report  and  Order  pertains  only  to  the  docket  specified  above.). 


 2  We  are  also  amending  the  FM  Table  to  reflect  that  Station  KNVO-  FM  was  granted  a  license  (BLH-  20011226AAP) 
 for  a  one-  step  application  (BPH-  19990304IE)  to  upgrade  from  Channel  266A  to  Channel  266C2  at  Port  Isabel,  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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 Federal  Communications  Commission  DA  06-  339 
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 4.  A  filing  window  period  for  Channel  288A  for  Port  Isabel,  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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