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

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No.  98-133
Table of Allotments,            )  RM-9314
FM Broadcast Stations.          )
(Zapata, Texas )                )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: June 9, 1999                 
                                        Released: June 18, 1999     

 By the Chief, Allocations Branch:
 
 1.  In response to a Petition For Rule Making filed by Arturo Lopez and Eleazar Trevino
 ("Petitioners"), the Commission has before it for consideration the Notice of Proposed Rule
 Making, 13 FCC Rcd  2143 (1998), seeking the allotment of Channel 274A at Zapata, Texas.  
 Petitioners filed comments reiterating their intention to apply for Channel 274A at Zapata, Texas. 
 Encarnacion A. Guerra ("Guerra") filed comments supporting an allotment at Zapata.  Petitioners
 filed reply comments.
 
 2.  Guerra filed comments in response to the Notice stating his intent to file an application for
 Channel 274A at Zapata.  Guerra contends that since there is multiple interest for an FM allotment
 at Zapata, Channel 280A could also be allotted to the community.  Guerra requests that Channels
 280A and 274A be allotted to Zapata so that the community can be provided with additional
 service.  
 
 3.  We believe the public interest would be served by allotting Channel 274A to Zapata, Texas,
 as it will provide the community with an additional broadcast service.  Channel 274A can be
 allotted to Zapata, in compliance with the minimum distance separation requirements of the
 Commission's Rules without a site restriction.   In response to the comments filed by Guerra, we
 shall also allot Channel 280A to Zapata.  We believe that Guerra has submitted sufficient
 information with respect to the allotment of an additional channel at Zapata.  Further, since a staff
 engineering analysis confirms that Channel 280A can be allotted to Zapata, we do not believe that
 issuance of a new Notice of Proposed Rule Making, with its attendant use of administrative
 resources and delay in initiating new service, would serve the public interest.  Since Zapata is
 located within 320 kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican
 government has been obtained for these allotments.
 
 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 August 2, 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
 
                Zapata, Texas      228A, 274A, 280A
 
 5.  A filing window for Channels 274A and 280A at Zapata, Texas, will not be opened at this
 time.  Instead, the issue of opening a filing window for these channels will be addressed by the
 Commission in a subsequent order.
 
 6.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 7.  For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.    Questions related to the application filing process for Channels
 274A and 280A at Zapata, 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