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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
                                )
Amendment of Section 73.202(b),  ) MM Docket No. 95-120
Table of Allotments,            )  RM-8650
FM Broadcast Stations.          )
(Premont, Texas)                )
                                )


                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  March 5, 1997              Released:  March 14, 1997  

By the Chief, Allocations Branch:

     1.  At the request of Paulino Bernal ("petitioner"), licensee of Station KMFM(FM), Channel
285A, Premont, Texas, the Commission has before it the Notice of Proposed Rule Making, 60 FR
39141, August 1, 1995, proposing the substitution of Channel 264C3 for Channel 285A at Premont
and the modification of petitioner's license to specify the higher powered channel.  Petitioner filed
comments in support of the proposed upgrade.  No other comments were received.

     2.  We believe the public interest would be served by the substitution of Channel 264C3 for
Channel 285A at Premont since it could provide the community with a wide coverage area FM
service.  Channel 264C3 can be allotted to Premont in compliance with the Commission's minimum
distance separation requirements with a site restriction of 7.7 kilometers (4.8 miles) east in order to
avoid a short-spacing conflict with the licensed site of Station KBDR(FM), Channel 263C2, Mirando
City, Texas.  Since Premont is located within 320 kilometers (199 miles) of the U.S.-Mexican
border, concurrence of the Mexican government has been obtained for this allotment.  Furthermore,
petitioner's site is located within 80 kilometers of the Federal Communications Commission's
monitoring station at Kingsville, Texas, therefore, petitioner should refer to the provisions of Section
73.1030(c)(1)-(5) of the Rules governing protection to Federal Communications Monitoring Stations
when filing his application.  As proposed, we shall modify petitioner's license for Station
KMFM(FM) to specify operation on Channel 264C3 at Premont in accordance with Section 1.420(g)
of the Commission's Rules. 

     3.  Accordingly, pursuant to the authority contained in Sections 4(i),5(c)(1), 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 April 28, 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.

               Premont, Texas         264C3 

     4.  IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of
1934, as amended, that the license of  Paulino Bernal for Station KMFM(FM), Premont, Texas, IS
MODIFIED to specify operation on Channel 264C3, in lieu of Channel 285A, subject to the
following conditions:

     (a)  Within 90 days of the effective date of this Order, the licensee shall submit to the 
     Commission a minor change application for a construction permite (Form 301).

     (b) Upon grant of the construction permit, program tests may be conducted in accordance  
     with Section 73.1620.

     (c) Nothing contained herein shall be construed to authorize a change in transmitter 
          location or to avoid the necessity of filing an environmental assessment pursuant to 
          Section 1.1307 of the Commission's Rules.

     5.  Pursuant to Commission Rule Section 1.1104(1(k) and (2)(k), any party seeking a change
of community of license of an FM or television allotment or an upgrade of an existing FM allotment,
if the request is granted, must submit a rule making fee when filing its application to implement the
change in community of license and /or upgrade.  As a result of this proceeding, Paulino Bernal,
licensee of Station KMFM(FM), is required to submit a rule making fee in addition to the fee
required for the applications to effect the change in community of license and/or upgrade.

     6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     7.  For further information concerning this proceeding, contact Pam Blumenthal, Mass Media
Bureau, (202) 418-2180.

                                   FEDERAL COMMUNICATIONS COMMISSION




                                        John A. Karousos 
                                        Chief, Allocations Branch
                                        Policy and Rules Division
                                        Mass Media Bureau