Federal Communications Commission DA 96-1198
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)
Amendment of Section 73.202(b), ) MM Docket No. 95-49 
Table of Allotments, ) RM-8558 
FM Broadcast Stations. ) 
(Llano and Marble Falls, Texas) )
FURTHER NOTICE OF PROPOSED RULE MAKING
Adopted: July 26, 1996 Released: August 2, 1996
Comment Date: September 23, 1996 
Reply Comment Date: October 8, 1996
By the Chief, Allocations Branch:
1. At the request of Maxagrid Broadcasting Corporation ("petitioner"), licensee of Station 
KLKM(FM), Channel 284C3, Llano, Texas, the Commission has before it the Notice of Proposed 
Rule Making. 10 FCC Red 4913 (1995), proposing the substitution of Channel 285C3 for 
Channel 284C3, the reallotment of Channel 285C3 from Llano to Marble Falls, Texas, and the 
modification of petitioner's license to specify Marble Falls as Station KLKM(FM)'s community 
of license. Petitioner and Kirkman Group, Inc. filed comments. Roy E. Henderson 
("Henderson") filed a counterproposal. Petitioner filed reply comments. Henderson filed 
additional comments and petitioner filed a contingent petition for leave to respond.
2. In the Notice, we questioned whether petitioner's proposal would result in a 
preferential arrangement of FM allotments since its adoption would remove the sole local service 
licensed to the Llano, Texas. Although petitioner suggested that Channel 242A could be allotted 
to the community, we did not propose the allotment since petitioner did not state its intention to 
apply for the channel if allotted to Llano. However, in its comments, petitioner now states it will 
apply for Channel 242A if allotted to Llano, Texas.
3. In view of the aforementioned, we are issuing this Further Notice to solicit comments 
on the proposal to allot Channel 242A at Llano, Texas. Channel 242A can be allotted in 
compliance with the Commission's minimum separation requirements with a site restriction of
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Federal Communications Commission DA 96-1198
9.1 kilometers (5.7 miles) north in order to avoid a short-spacing conflict with the licensed site 
of Station KSJL(FM), Channel 241 Cl. San Antonio. Texas.' Since Llano is located within 320 
kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican government has 
been requested.
4. Accordingly, we seek comments on the proposed amendment of the FM Table of 
Allotments. Section 73.202(b) of the Commission's Rules, for the communities listed below, to 
read as follows:
Channel No.
Citv Present Proposed 
Llano, Texas 284C3. 242A 
Marble Falls. Texas -- 285C3
5. Parties may comment on the proposal to allot Channel 242A at Llano, Texas. We will 
not accept counterproposals with regard to the substitution of Channel 284C3 for Channel 285C3, 
and the reallotment of Channel 285C3 from Llano to Marble Falls. Texas, since an opportunity 
for the filing of such counterproposals has already been afforded. However, counterproposals 
may be filed with regard to the proposed allotment at Llano, Texas.
6. The Commission's authority to institute rule making proceedings, showings required, 
cut-off procedures, and filing requirements are contained in the attached Appendix and are 
incorporated by reference herein. In particular, we note that a showing of continuing interest is 
required by paragraph 2 of the Appendix before a channel will be allotted.
7. Interested parties may file comments on or before September 23, 1996, and reply 
comments on or before October 8. 1996. and are advised to read the Appendix for the proper 
procedures. Comments should be filed with the Secretary, Federal Communications Commission. 
Washington. D.C. 20554. Additionally, a copy of such comments should be served on the 
petitioner, or its counsel or consultant, as follows:
J. J. McVeigh
Bernstein and McVeigh
1818 N Street Northwest. Suite 700
Washington. D.C. 20036
(Counsel for Petitioner)
The coordinates for Channel 242A at Llano. Texas, are North Latitude 30-49-57 and West Longitude 98-40-44.
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8. The Commission has determined that the relevant provisions of the Regulatory 
Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of 
Allotments. Section 73.202(b) of the Commission's Rules. See Certification That Sections 603 ; 
and 604 of the Regulatory Flexibility Act Do Not Applv to Rule Makinu to Amend Sections 
73.202(b). 73.504 and 73.606(b) of the Commission's Rules. 46 FR 11549. February 9. 1981.
9. For further information concerning this proceeding, contact Pam Blumenthal, Mass 
Media Bureau, (202)418-2180. For purposes of this restricted notice and comment rule making 
proceeding, members of the public are advised that no ex parte presentations are permitted from 
the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been 
decided and such decision is no longer subject to reconsideration by the Commission or review 
by any court. An ex parte presentation is not prohibited if specifically requested by the 
Commission or staff for the clarification or adduction of evidence or resolution of issues in the 
proceeding. However, any new written information elicited from such a request or a summary 
of any new oral information shall be served by the person making the presentation upon the other 
parties to the proceeding unless the Commission specifically waives this service requirement. 
Any comment which has not been served on the petitioner constitutes an ex parte presentation 
and shall not be considered in the proceeding. Any reply comment which has not been served 
on the person(s) who filed the comment, to which the reply is directed, constitutes an ex parte 
presentation and shall not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
Attachment: Appendix
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APPENDIX
1. Pursuant to authority found in Sections 4(i). 5(c)(l), 303(g) and (r). and 307(b) of the 
Communications Act of 1934. as amended, and Sections 0.61. 0.204(b) and 0.283 of the 
Commission's Rules. IT IS PROPOSED TO AMEND the FM Table of Allotments. Section 
73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule 
Makinu to which this Appendix is attached.
2. Showinizs Required. Comments are invited on the proposal(s) discussed in the Notice of 
Proposed Rule Makinu to which this Appendix is attached. Proponent(s) will be expected to 
answer whatever questions are presented in initial comments. The proponent of a proposed 
allotment is also expected to file comments even if it only resubmits or incorporates by reference 
its former pleading. It should also restate its present intention to apply for the channel if it is 
allotted and. if authorized, to build a station promptly. Failure to file may lead to denial of the 
request.
3. Cut-off protection. The following procedures will govern the consideration of filings in this 
proceeding.
(a) Counterproposals advanced in this proceeding itself will be considered, if advanced in initial 
comments, so that parties may comment on them in reply comments. They will not be 
considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules).
(b) With respect to petitions for rule making which conflict with the proposals in this Notice, they 
will be considered as comments in the proceeding, and Public Notice to this effect will be given 
as long as they are filed before the date for filing initial comments herein. If they are filed later 
than that, they will not be considered in connection with the decision in this docket.
(c) The filing of a counterproposal may lead the Commission to allot a different channel than was 
requested for any of the communities involved.
4. Comments and Replv Comments: Service. Pursuant to applicable procedures set out 
in Sections 1.415 and 1.420 of the Commission's Rules and Regulations, interested parties may 
file comments and reply comments on or before the dates set forth in the Notice of Proposed 
Rule Makinu to which this Appendix is attached. All submissions by parties to this proceeding 
or by persons acting on behalf of such parties must be made in written comments, reply 
comments, or other appropriate pleading. Comments shall be served on the petitioner by the 
person filing the comments. Reply comments shall be served on the person(s) who filed 
comments to which the reply is directed. Such comments and reply comments shall be
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Federal Communications Commission DA 96-1198
accompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's 
Rules.) Comments should be filed with the Secretary, Federal Communications Commission. 
Washington, D.C. 20554.
5. Number of Copies. In accordance with the provisions of Section 1.420 of the 
Commission's Rules and Regulations, an original and four copies of all comments, reply 
comments, pleading, briefs, or other documents shall be furnished the Commission.
6. Public Inspection of Filings. All filings made in this proceeding will be available for 
examination by interested parties during regular business hours in the Commission's Public 
Reference Room at its headquarters, 1919 M Street, N.W.. Washington, D.C.
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