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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. 98-57 Table of Allotments, ) RM-9251 FM Broadcast Stations. ) (Center and Jacksonville, Texas )) REPORT AND ORDER (Proceeding Terminated) Adopted: October 21, 1998 Released: October 30, 1998 By the Chief, Allocations Branch: 1. In response to a petition filed by Robert W. Shivey ("Shivey"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 8516 (1998), requesting the substitution of Channel 272C2 for Channel 272A at Jacksonville, Texas, and modification of the license for Station KLJT to specify operation on Channel 272C2. Shivey filed supporting comments in which he reaffirmed his interest in Channel 272C2. No other comments were received in response to the Notice in this proceeding. 2. As stated in the Notice, Channel 272C2 can be allotted to Jacksonville in compliance with the Commission's spacing requirements provided Channel 263A is substituted for Channel 272A at Center, Texas. Dudley Waller ("Waller"), licensee of Station KDET, consented to the substitution of Channel 263A for Channel 272A at Center. Therefore, it was not necessary to issue on Order to Show Cause in this proceeding. 3. After careful consideration of the proposal, we conclude that the public interest would be served by the channel substitution at Jacksonville, Texas, as expanded service will be provided to the community. In order to accomplish the substitution at Jacksonville, Channel 263A will be substituted for Channel 272A at Center. Both substitutions can be made in compliance with the Commission's minimum distance spacing requirements. In accordance with Section 1.420(g) of the Commission's rules, we are herein modifying the license for Station KLJT, Jacksonville, Texas, to specify operation on Channel 272C2. We shall also modify the license for Station KDET, Center, Texas, to specify operation on Channel 263A in lieu of Channel 272A in accordance with the Commission's Rules. 4. 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 December 14, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Center, Texas 263A Jacksonville, Texas 272C2, 293C 5. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Robert W. Shivey for Station KLJT, Jacksonville, Texas, IS MODIFIED to specify operation on Channel 272C2 in lieu of Channel 272A, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall file with the Commission a minor change application for construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (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. IT IS FURTHER ORDERED, That pursuant to the authority contained in Section 316(a) of the Communications Act of 1934, as amended, that the license of Station KDET, IS MODIFIED, to specify operation on Channel 263A subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in License BLH-7881 expect for the channel as specified above. Any changes, except those specified, require prior authori- zation pursuant to an application for construction permit. (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with License BLH-7881, except for the channel as specified above, and a license applica- tion (Form 302) is filed within 10 days of commencement of program tests. 7. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in 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, Robert W. Shivey, licensee of Station KLJT, is required to submit a rule making fee in addition to the fee required for the application to effect the upgrade at Jacksonville, Texas. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the application filing process for Channel 272C2 at Jacksonville, Texas or Channel 263A at Center, Texas, 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