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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.  98-165
Table of Allotments,            )  RM-9322
FM Broadcast Stations.          )
(Refugio, Texas )               )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: March 3, 1999                
                                        Released: March 12, 1999     

 By the Chief, Allocations Branch:
 
 1.  In response to a petition filed by WAB Broadcasting ("WAB"), the Commission has before
 it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 17762 (1998), seeking the
 allotment of Channel 263A at Refugio, Texas.   WAB filed comments reiterating its intention to
 apply for Channel 263A at Refugio, Texas.   Pacific Broadcasting of Missouri, LLC, ("Pacific"),
 licensee of Station KTKY, Refugio, Texas, filed comments supporting the allotment of Channel
 263A at Refugio.
 
 2.  We believe the public interest would be served by allotting Channel 263A to Refugio,
 Texas, as it will provide the community with an additional broadcast service.  Channel 263A can
 be allotted to Refugio, in compliance with the minimum distance separation requirements of the
 Commission's Rules, provided there is a site restriction 5 kilometers (3.1 miles) north of the
 community.   Since Refugio is located within 320 kilometers (199 miles) of the U.S.-Mexican
 border, concurrence of the Mexican government has been obtained for this allotment.
 
 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 April 26, 1999, the FM Table of
 Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed
 below, as follows:
               
               
 
               Community           Channel Number
 
                Refugio, Texas          263A, 291C3
 
 4.  A filing window for Channel 263A at Refugio, Texas, will not be opened at this time. 
 Instead, the issue of opening a filing window for this channel will be addressed by the Commission
 in a subsequent order.
 
 5.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 6.  For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.    Questions related to the application filing process for Channel
 236A at Rio Grande City, 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