Federal Communications Commission DA 97-1693
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. 
(Cloudcroft, New Mexico)
MM Docket No. 96-257 
RM-8966
REPORT AND ORDER 
(Proceeding Terminated)
Adopted: August 6, 1997
By the Chief, Allocations Branch:
Released: August 15, 1997
1. At the request of Robert J. Flotte ("petitioner"), the Commission has before it the 
Notice of Proposed Rule Making. 11 FCC Red 22106 (1996), proposing the allotment of Channel 
250C1 to Cloudcroft, New Mexico, as the community's second local aural transmission service. 1 
Petitioner filed comments reiterating his intention to apply for the channel, if allotted. No other 
comments were received.
2. We believe the public interest would be served by allotting Channel 250C1 to 
Cloudcroft since an interest has been expressed in providing the community with its second local 
and first competitive FM service. Channel 250C1 can be allotted to Cloudcroft in compliance 
with the Commission's minimum distance separation requirements with a site restriction of 15.9 
kilometers (9.9 miles) east to avoid a short-spacing to Station KXKK, Channel 250C, Lordsburg, 
New Mexico. 2 Cloudcroft is located within 320 kilometers (199 miles) of the U.S.-Mexican 
border. Mexican concurrence in these allotments was requested in January, 1997, but has not yet 
been received. In light of the prolonged pendency of this proceeding, yet in an effort to 
introduce a new FM service to Cloudcroft, we shall grant the proposal with the following interim 
condition: "Operation with the facilities specified herein is subject to modification, suspension, 
or termination without right to a hearing, if found by the Commission to be necessary in order
' As stated in the Notice, if an earlier proposal to allot Channel 268C to Cloudcroft was adopted prior to the 
resolution of this proceeding. Channel 250C1 would constitute a second local service instead of a first such service. 
Channel 244C was allotted to Cloudcroft by Report and Order. MM Docket 96-54, 12 FCC Red __ (1997), 62 FR 
27701. May 21. 1997.
: The coordinates for Channel 250C1 at Cloudcroft are 33-00-49 North Latitude; 105-35-15 West Longitude. 
The Notice proposed the allotment without the imposition of a site restriction. However, because of the need to 
protect the earlier filed application of Station KXKK, the reference coordinates have been changed.
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Federal Communications Commission DA 97-1693
to conform to the 1992 USA-Mexico FM Broadcast Agreement."3
3. Accordingly, pursuant to the authority contained 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 ORDERED, That effective September 29, 1997, the FM 
Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect 
to the community listed below, to read as follows:
City Channel No. 
Cloudcroft, New Mexico 244C, 250C1
4. The window period for filing applications will open on September 29, 1997, and close 
on October 30, 1997.
5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass 
Media Bureau, (202) 418-2180.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
J The announced condition is a temporary measure as our engineering analysis has determined that proposed 
Channel 250C1 at Cloudcroft complies with the Agreement. Therefore, once an official response from the Mexican 
Government has been received, the referenced condition may be removed.
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