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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. 96-264
Table of Allotments,            )  RM-8977
FM Broadcast Stations.          )
(Roxton, Texas)                 )
                                )


                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted:  September 19, 1997         Released:  September 19, 1997  

By the Chief, Allocations Branch:

     1.  At the request of Northeast Texas Broadcasters ("petitioners"), the Commission has before
it the Notice of Proposed Rule Making, 12 FCC Rcd 2350 (1997), proposing the allotment of
Channel 257A to Roxton, Texas, as the community's first local aural transmission service.  OARA,
Inc. ("OARA"), permittee of a new FM station on Channel 257C3 at Linden, Texas,  filed
comments.   No other comments were received.

     2.  Subsequent to issuance of this Notice, our review of Commission's records indicate that
petitioner's proposal is in conflict with an one-step application filed by OARA (BMPH-961204IC)
for Channel 257C2 at Linden, Texas.  OARA's application was filed on December 4, 1996, while
petitioner filed its proposal on December 9, 1996, five days after the Commission received OARA's
application.  Based on the short-spacing conflict with OARA's previous filed application, we will
dismissed petitioner's request to allot Channel 257A at Roxton.  See Section 73.208 of the
Commission's Rules and also see Conflicts Between Applications and Petitions for Rule Making to
Amend the FM Table of Allotments, 7 RCD 4917 (1992).
    
     3.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

     4.  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