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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 73.202(b), ) MM Docket No. 91-283 Table of Allotments, ) RM-7807 FM Broadcast Stations. ) RM-8772 (Carrizo Springs, Corpus Christi, ) George West, Pearsall, and Three Rivers, ) Texas.) REPORT AND ORDER (Proceeding Terminated) Adopted: January 7, 1998 Released: January 16, 1998 By the Chief, Allocations Branch: 1. The Commission has before it the Notice of Proposed Rule Making in this proceeding, 6 FCC Rcd 5627 (1991). G&W Radio and Reina Broadcasting, Inc. ("Reina Broadcasting") filed comments. Reina Broadcasting filed reply comments. For the reasons discussed below, we allot Channel 228C3 to George West, Texas. Background 2. In order to understand our resolution of this proceeding, it is necessary to discuss an earlier proceeding in MM Docket No. 91-193. At the request of Reina Broadcasting, licensee of Station KBSO, Channel 234A, Corpus Christi, Texas, the Notice of Proposed Rule Making in MM Docket No. 91-193, 6 FCC Rcd 4274 (1991), proposed the substitution of Channel 234C2 for Channel 234A at Corpus Christi and modification of the Station KBSO license to specify operation on Channel 234C2. That Notice specified a comment date of September 3, 1991, and a reply comment date of September 18, 1991. By the comment date, Three Rivers Communications filed a timely counterproposal proposing the allotment of Channel 233C2 to Three Rivers, Texas, as a first local radio service. In reply comments, Reina Broadcasting proposed an alternative resolution of the proceeding in which Channel 228C2 would be allotted to Three Rivers instead of Channel 233C2. This alternate channel at Three Rivers required the substitution of Channel 264A for Channel 228A at Carrizo Springs, Texas. The Report and Order found that the introduction of Carrizo Springs into that proceeding constituted an untimely counterproposal because it was not filed by the September 3, 1991, comment date. See Section 1.420(d) of the Rules. As such, it was unacceptable for consideration. The Report and Order allotted Channel 233C2 to Three Rivers, Texas. Subsequently, we denied a Petition for Reconsideration filed by Reina Broadcasting directed to that Report and Order. 11 FCC Rcd 517 (1996). That action is now final. 3. At the request of G&W Radio, the Notice of Proposed Rule Making in this proceeding proposed the allotment of Channel 228C3 to George West, Texas, as a second local radio service. This Notice set forth a November 25, 1991, comment date and a December 10, 1991, reply comment date. In response to the Notice, Reina Broadcasting filed a timely counterproposal again looking toward a Channel 234C2 upgrade for Station KBSO in Corpus Christi. To accommodate this upgrade, Reina Broadcasting proposes the channel substitutions in four other communities in Texas. In regard to underlying the George West proposal, Reina Broadcasting proposes upgrading the existing Channel 281A allotment at George West to Channel 281C3 instead of allotting Channel 228C3 as a new allotment. In turn, this would permit substituting Channel 228C2 at Three Rivers, Texas, in lieu of the existing Channel 233C2 allotment. The removal of the Channel 233C2 allotment at Three Rivers permits the Channel 234C2 upgrade for Station KBSO at Corpus Christi. These proposals require two other channel substitutions. First, in order to accommodate Channel 281C3 at George West, Reina Broadcasting proposes the substitution of Channel 233A for Channel 281A at Pearsall, Texas. To accommodate Channel 228C2 at Three Rivers, Reina Broadcasting proposes the substitution of Channel 264A for vacant Channel 228A at Carrizo Springs, Texas. 4. After careful consideration of the two competing proposals, we are allotting Channel 228C3 to George West, Texas, as a second local service. There are two reasons for this decision. First, this action is consistent with our FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88(1982). Under Priority (4), we believe that a new Channel 228C3 allotment at George West would be preferable to the Reina Broadcasting proposal for a Channel 234C2 upgrade for its Station KBSO in Corpus Christi. See Benton, Arkansas, et. al, 2 FCC Rcd 1963 (1987). Second, to accommodate this single upgrade, Reina Broadcasting proposes channel substitutions at four communities including George West, Texas. As stated earlier, Reina Broadcasting proposes the substitution of Channel 281C3 for Channel 281A at George West. However, there is a pending application for the Channel 281A allotment at George West. An upgraded allotment requires a new filing window. We will not upgrade an allotment and open a new filing window without the express agreement of the applicant. See Lafayette, Louisiana, 2 FCC Rcd 7303 (1987). In the absence of such an agreement, we will not substitute Channel 281C3 in order to accommodate a proposed upgrade at Corpus Christi. 5. 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 March 2, 1998, 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: Community Channel No. George West, Texas 281A, 228C3 6. A filing window for Channel 228C3 at George West, Texas, will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order. 7. IT IS FURTHER ORDERED, That the counterproposal (RM-8772) filed by Reina Broadcasting, Inc. to substitute Channel 234C2 for Channel 234C3 at Corpus Christi, Texas. and modify the license of Station KBSO accordingly, IS DENIED. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process should be addressed to the Audio Services Division, Mass Media Bureau (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau