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

In the Matter of                )
                                )
Amendment of Section 73.202(b), )       MM Docket No. 97-242
Table of Allotments,            )       RM-9192
FM Broadcast Stations.          )       
(Eastland and Baird, Texas)     )

                        REPORT AND ORDER
                     (Proceeding Terminated)

   Adopted: September 23, 1998          Released: October 2, 1998  

By the Chief, Allocations Branch:

     1.  At the request of Cowboy Broadcasting LLC ("petitioner"), the Commission has before
it the Notice of Proposed Rule Making, 12 FCC Rcd 20392 (1997), proposing the substitution of
Channel 236C3 for 236A; the reallotment of Channel 236C3 from Eastland to Baird, Texas,  as the
community's first local aural service, and the modification of petitioner's license for Station
KVMX(FM) to specify Baird as its community of license.  Comments were filed by the petitioner,
reiterating its intention to apply for Channel 236C3, if reallotted to Baird. 

     2.  The proposed reallotment of Channel 236C3 from Eastland to Baird was filed pursuant
to the provisions of Section 1.420(i) of the Commission's Rules, which permit the modification of
a station's license to specify a new community of license without affording other interested parties
an opportunity to file competing expressions of interest.  See Amendment of the Commission's Rules
Regarding Modification of FM and TV Authorizations to Specify a New Community of License
("Change of Community R&O"), 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of
Community MO&O), 5 FCC Rcd 7094 (1990).  Baird, with a 1990 U.S. Census population of  1,658
persons, is located in Callahan County, with a population of  11, 859 persons.   Baird is a Census
Designated Place and is an incorporated city, with a functioning city government.  In the Notice, we
recognized that Baird has a functioning school system, a public library, police and municipal
services.  Accordingly it is clearly a community for allotment purposes.   In addition, the reallotment
would provide the community with its first local aural transmission service and would not deprive
Eastland of its sole local existing service.  No Urbanized Area is involved in this allotment.

     3.   In the Notice, we noted that petitioner's proposal sought to relocate its transmitter site
and that thus there would be areas which would lose existing reception service as well as areas which
would gain reception service.  We also noted that petitioner claimed that adoption of its proposal
would result in a net gain of service to 38,265 persons, while any loss area created would continue
to receive a minimum of five broadcast services.  A staff engineering analysis reveals that the net
service gain would actually be 107,098 persons, but that there would be a small loss area that would
continue to receive fewer than five full-time aural reception services.  An area containing 276 people
would receive four full-time reception services and an area containing 39 people would continue to
receive three services.  All of the loss area would continue to receive at least three full time services,
which is considered well served. 

     4.  We believe the public interest would be served by reallotting Channel 236C3 from
Eastland to Baird, Texas.  The reallotment will provide Baird with its first local aural service, thus
fulfilling priority (3) of the Commission's allotment priorities, while also enabling Station
KVMX(FM) to provide service to an additional 107,098 persons.  While we are concerned with the
loss of service, our engineering analysis shows that all but 315 people will retain service from at
least five services, thus being considered to be well-served.  


                        Technical Summary

     5.  Channel 263C3 can be allotted to Baird, Texas, in compliance with the Commission's
minimum distance separation requirements with a site restriction of 0.3 kilometers (0.2 miles) north
to accommodate petitioner's desired transmitter site.         

     6.  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 November 16, 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:

                    City                Channel No.

                    Eastland, Texas          249A
                    Baird, Texas             236C3

     7.  IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of
1934, as amended, that the license of Cowboy Broadcasting LLC, for Station KVMX(FM) Channel
236C3, Eastland, Texas, IS MODIFIED to specify Baird, Texas, as its community of license, 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.

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

     9.     For further information concerning this proceeding, contact Victoria M, McCauley,
Mass Media Bureau, (202) 418-2180.

                              FEDERAL COMMUNICATIONS COMMISSION




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