******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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. 97-104 Table of Allotments, ) RM-9048 FM Broadcast Stations. ) (Wellington, Texas) ) MEMORANDUM OPINION AND ORDER (Proceeding Terminated) Adopted: December 2, 1998 Released: January 8, 1999 By the Chief, Policy and Rules Division: 1. The Commission has before it a Petition for Reconsideration filed by Hunt Broadcasting, Inc. ("Hunt Broadcasting") directed to the Report and Order in this proceeding. 13 FCC Rcd 4454 (1998). For the reasons discussed below, we dismiss the Petition for Reconsideration. Background 2. At the request of Stacey Allen Austin, the Notice of Proposed Rule Making in this proceeding proposed the allotment of Channel 267C3 to Wellington, Texas, as a first local service. 12 FCC Rcd 3696 (1997). In response to the Notice, Hunt Broadcasting, licensee of Station KIKM, Channel 269C1, Denison- Sherman, Texas, filed a counterproposal proposing the substitution of Channel 269C for Channel 269C1, the reallotment of Channel 269C to Azle, Texas, and the modification of the Station KIKM license to specify operation on Channel 269C at Azle. In the Report and Order, we determined that this counterproposal was unacceptable because of a short-spacing to Station KJKB, Channel 269A, Jacksboro, Texas. In taking this action, we recognized that in two separate dockets (MM Docket No. 96-10 and MM Docket No. 95-126) we had allotted different channels to Jacksboro. However, neither action was final and the Azle proposal was therefore contingent, at the time it was filed, on at least one of these dockets becoming final. The Report and Order allotted alternate Channel 278C3 to Wellington in order to afford Hunt Broadcasting an opportunity to refile this proposal as a petition for rule making once one of the outstanding dockets involving Jacksboro is final. Hunt Broadcasting filed its Petition for Reconsideration directed to that Report and Order. 3. In a separate proceeding in MM Docket No. 97-225, we modified the Station KIKM license to specify operation on Channel 269C at Azle. 13 FCC Rcd 18920 (19980. In that proceeding, we were able to favorably entertain the Hunt Broadcasting counterproposal because MM Docket No. 96-10 had become final by the time Hunt Broadcasting filed its counterproposal and an allotment at Jacksboro was no longer an impediment to a Channel 269C allotment at Azle. As a result of that action, the Petition for Reconsideration is now moot and will be dismissed. 4. Accordingly, IT IS ORDERED, That the aforementioned Petition for Reconsideration filed by Hunt Broadcasting, Inc. IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Robert Hayne, Mass Media Bureau (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION Charles W. Logan Chief, Policy and Rules Division Mass Media Bureau