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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.207(b) ) of the Commission's Rules Regarding) Minimum Distance Separations To ) Mexican Broadcast Stations ) ORDER Adopted: July 31, 1997 Released: August 13, 1997 By the Commission: 1. By this Order, the Commission adopts revisions to 47 C.F.R.  73.207(b) of the Commission's rules with respect to minimum distance separations between U.S. FM assignments and allotments and Mexican assignments and allotments. These revised spacings were promulgated in the Agreement Between the Government of the United States of America and the Government of the United Mexican States Relating to the FM Broadcasting Service in the Band 88-108 MHz, dated August 11, 1992 (hereafter "Agreement"). The rule revisions adopted herein conform the rule to the Agreement. 2. These changes will have no adverse effect on any existing or presently proposed FM broadcast station. In all cases, the minimum required separations specified in the Agreement do not exceed, and in most cases, are less than the separations presently specified in Table C of Section 73.207(b)(3). Moreover, as a matter of practice, since late August 1992 the staff has employed the Agreement minimum distance separations without adversely affecting broadcasters. Consequently, the revisions are noncontroversial, and prior notice and comment proceedings are neither necessary nor required. See 5 U.S.C.  553(b)(3)(B); and 47 C.F.R.  1.412(c). 3. Accordingly, IT IS ORDERED, that pursuant to the authority contained in Sections 4(i) and 303 of the Communications Act of 1934, as amended, 47 C.F.R.  73.207(b) IS AMENDED as set forth in Appendix A, below. 4. IT IS FURTHER ORDERED, that the rules adopted herein will become effective upon publication in the Federal Register. 5. Pursuant to the Regulatory Flexibility Act, 5 U.S.C.  601 et seq., as amended by the Contract With America Advancement Act of 1996, ("CWAAA"), 5 U.S.C.  606(b), Pub. L. No. 104-121, 110 Stat. 847 (1996), the Commission certifies that no significant impact on a substantial number of small entities will result from adoption of this Order. . FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A Part 73 of Title 47 of the Code of Federal Regulations continues to read as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303. 2.  73.208(c)(8) is revised to read as follows:  73.207 Minumum distance separation between stations ***** (b)(2) [Table B -- an extraneous 8 is deleted from the I.F. column, from between the Class B-B and Class B-C1 Relations ] (b)(3) Under the 1992 Mexico-United States FM Broadcasting Agreement, domestic U.S. assignments or allotments within 320 kilometers (199 miles) of the common border must be separated from Mexican assignments or allotments by not less than the distances given in Table C, which follows. When applying Table C, (i) U.S. or Mexican assignments or allotments which have been notified internationally as Class A are limited to a maximum of 3.0 kW ERP at 100 meters HAAT, or the equivalent; (ii) U.S. or Mexican assignments or allotments which have been notified internationally as Class AA are limited to a maximum of 6.0 kW ERP at 100 meters HAAT, or the equivalent; (iii) U.S. Class C3 assignments or allotments are considered Class B1; (iv) U.S. Class C2 assignments or allotments are considered Class B; and (v) Class C1 assignments or allotments assume maximum facilities of 100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not, in any event, exceed the domestic U.S. limit of 100 kW ERP at 299 meters HAAT, or the equivalent. Table C -- Minimum Distance Separation Requirements in Kilometers Relation Co-channel200 kHz400 kHz or10.6 or 600 kHz10.8 MHz (I.F.) _________________________________________________________________ A to A10061258 A to AA11168319 A to B1138884811 A to B1631056514 A to C11961297421 A to C2101619428 AA to AA115723110 AA to B1143964812 AA to B1781256915 AA to C12001337522 AA to C2261659529 B1 to B11751145014 B1 to B2111457117 B1 to C12331617724 B1 to C2591939631 B to B2371646520 B to C12701957927 B to C2702159835 C1 to C12451778234 C1 to C27020910241 C to C29022810548 (c) ***** ---- FCC ----