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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. 97-145 Table of Allotments, ) RM-9091 FM Broadcast Stations. ) (Glen Rose and Stamford, Texas) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 26, 1997 Released: December 12, 1997 By the Chief, Allocations Branch: 1. At the request of Cleburne Radio, Inc. ("petitioner"), licensee of Station KCLE-FM, Channel 221C2, Glen Rose, Texas, the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 8237 (1997), proposing the substitution of Channel 221C1 for Channel 221C2 at Glen Rose and modification of Station KCLE-FM's license to specify operation on the higher powered channel. In order to accommodate the upgrade at Glen Rose, petitioner also requests the substitution of Channel 295A for Channel 221C2 at Stamford, Texas, and modification of M & M Broadcasting Company's ("M & M Broadcasting") construction permit for Station KTFW to specify the Class A channel. Petitioner filed comments restating its interest in the upgrade at Glen Rose. Petitioner and M & M Broadcasting filed reply comments supporting the proposed changes at Glen Rose and Stamford. 2. We believe the public interest would be served by adopting petitioner's proposal since it could enable Station KCLE-FM to expand its coverage area. In addition to the fact that Station KTFW has not commenced operation, we note that the petitioner and M&M Broadcasting are under common ownership. Channel 221C1 and Channel 295A can be allotted to Glen Rose and Stamford, respectively, in compliance with the Commission's minimum distance separation requirements at the sites specified by petitioner. 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 January 26, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Glen Rose, Texas 221C1 Stamford, Texas 295A 4. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of for Station KCLE-FM, Glen Rose, Texas, IS MODIFIED to specify operation on Channel 221C1, in lieu of Channel 221C2, 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 permit (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. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of M & M Broadcasting Company for a new station at Stamford, Texas, IS MODIFIED to specify operation on Channel 221C2, in lieu of Channel 295A , subject to the following conditions: (a) Within 90 days of the effective date of this Order, the permittee shall submit to the Commission a minor change application for a construction permit (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. 6. 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, Cleburne Radio, Inc., licensee of Station KCLE-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. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. 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