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 Federal  Communications  Commission  DA  06-  728 
 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.  (Paint  Rock  and  Big  Lake,  Texas) 


 )  ) 
 )  ) 
 )  )  MB  Docket  No.  05-  31  RM-  11150 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  March  29,  2006  Released:  March  31,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  at  the  request  of  Charles  Crawford  (“  Petitioner”)  requesting  the  allotment  of  Channel  296C3  at  Paint  Rock, 
 Texas,  as  its  first  local  transmission  service.  Petitioner  filed  comments.  No  other  comments  or  counterproposals  were  received  in  this  proceeding. 


 2.  Background.  The  Notice  proposed  the  allotment  of  Channel  296C3  at  Paint  Rock,  Texas,  as  its  first  local  transmission  service.  2  To  accommodate  the  proposed  Paint  Rock  allotment,  the  Notice  also 
 proposed  the  relocation  of  reference  coordinates  for  vacant  Channel  296C2  at  Big  Lake,  Texas.  Petitioner  filed  comments  stating  his  intentions  to  file  an  application  to  activate  Channel  296C3  at  Paint  Rock,  if 
 allotted. 


 3.  Discussion.  Accordingly,  we  are  allotting  Channel  296C3  at  Paint  Rock,  Texas,  as  its  first  local  service.  3  To  accommodate  this  allotment,  we  are  relocating  the  reference  coordinates  for  vacant 
 Channel  296C2  at  Big  Lake,  Texas.  4 
 4.  The  Paint  Rock  allotment  and  the  new  site  for  vacant  Channel  296C2  at  Big  Lake  are  located  within  320  kilometers  (199  miles)  of  the  U.  S.-  Mexican  border.  Although  concurrence  has  been  requested 
 for  these  allotments,  notification  has  not  been  received.  If  a  construction  permit  is  granted  prior  to  the  receipt  of  formal  concurrence  for  these  allotments  by  the  Mexican  government,  the  construction  permits  will 
 include  the  following  condition:  “Operation  with  the  facilities  specified  for  this  allotment  herein  is  subject 


 1  Paint  Rock  and  Big  Lake,  Texas,  20  FCC  Rcd  2219  (MB  2005). 
 2  Paint  Rock  is  an  incorporated  town  with  a  2000  U.  S.  Census  population  of  320  persons.  Moreover,  Paint  Rock  has 
 its  own  mayor,  post  office,  volunteer  fire  department,  city  offices  and  a  number  of  local  churches.  3 
 Channel  296C3  can  be  allotted  to  Paint  Rock  in  compliance  with  the  Commission’s  rules  provided  there  is  a  site  restriction  of  15.  0  kilometers  (9.3  miles)  east  at  coordinates  31-  31-  15  NL  and  99-  45-  45  WL. 


 4  The  reference  coordinates  for  vacant  FM  Channel  296C2  at  Big  Lake  can  be  relocated  in  compliance  with  the 
 Commission’s  rules  provided  there  is  a  site  restriction  of  24.1  kilometers  (15.0  miles)  southwest  of  the  community  at  coordinates  31-  02-  00  NL  and  101-  38-  00  WL.  The  current  Big  Lake  site  is  located  26.  9  kilometers  (16.7  miles) 


 south  of  the  community  at  coordinates  30-  57-  18  NL  and  101-  23-  48  WL. 
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 Federal  Communications  Commission  DA  06-  728 
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 to  modification,  suspension  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.”  or  if  specifically 
 objected  to  by  Mexico's  Secretaria  de  Comunicaciones  Y  Transportes." 
 5.  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. 
 801(  a)(  1)(  A). 
 6.  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  May  15, 
 2006,  the  FM  Table  of  Allotments,  47  C.  F.  R.  Section  73.  202(  b),  IS  AMENDED,  with  respect  to  the  communities  listed  below,  to  read  as  follows: 


 Community  Channel  No. 
 Paint  Rock,  Texas  296C3 
 7.  The  window  period  for  filing  applications  for  Channel  296C3  at  Paint  Rock,  Texas  will  not  be  opened  at  this  time.  Instead,  the  issue  of  opening  the  allotment  for  auction  will  be  addressed  by  the 
 Commission  in  a  subsequent  order. 
 8.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceedings  ARE  TERMINATED.  . 
 9.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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