Federal Communications Commission DA 17-237 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. (Mullin, Texas) ) ) ) ) ) ) ) ) MB Docket No. 16-362 RM-11776 REPORT AND ORDER (Proceeding Terminated) Adopted: March 9, 2017 Released: March 10, 2017 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 hybrid proposal set forth in a Petition for Rule Making (Petition) filed by Roy E. Henderson (Petitioner), licensee of FM Station KNUZ(FM), San Saba, Texas. Petitioner proposes to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s rules, by substituting Channel 277A for vacant Channel 224A at Mullin, Texas. Petitioner filed comments. No counterproposal or other comments were received in response to this Notice. For the reasons discussed below, we grant the Petition and the associated hybrid application for Station KNUZ(FM). 2. Background. The Notice proposes to amend the FM Table of Allotments by substituting Channel 277A for vacant Channel 224A at Mullin, Texas, in order to enhance service for Station KNUZ(FM) at San Saba, Texas. The purpose of this change is to facilitate Petitioner’s hybrid application that KNUZ(FM) be modified to operate on Channel 224A rather than Channel 291A at San Saba, Texas.2 3. Discussion. We find that the allotment change proposed in the Notice would facilitate implementation of Petitioner’s hybrid application and serve the public interest. A staff engineering analysis indicates that Channel 277A can be allotted at Mullin, Texas, consistent with the minimum distance separation requirements of the Commission’s rules with a site restriction 3.1 km (1.9 miles) north of the city. The reference coordinates are 31-35-00 NL and 98-40-31 WL. 4. Ordering Clauses. 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 CFR Sections 0.61, 0.204(b) and 0.283, IT IS ORDERED That effective, April 24, 2017, the FM Table of Allotments, 47 CFR Section 73.202(b), IS AMENDED, with respect to the community listed below, to delete Channel 224A and add Channel 277A at Mullin and to read as follows: 1 Mullin, Texas, Notice of Proposed Rule Making, 31 FCC Rcd 11902 (MB 2016) (Notice). 2 File No. BPH-20160601ABG. Federal Communications Commission DA 17-237 2 Channel Number Community Deleted Added Mullin, Texas 224A 277A 5. The window period for filing applications for 277A at Mullin, Texas, will not be opened at this time. Instead, the Commission in a subsequent order will address the issue of opening a filing window for this allotment. 6. The Commission will send a copy of this Report and Order in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A) . 7. IT IS FURTHER ORDERED, That the application, File No. BPH-20160601ABG, IS GRANTED. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Adrienne Y. Denysyk, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau