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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. 99-69 Table of Allotments, ) RM-9468 FM Broadcast Stations. ) (Giddings and Buda, Texas ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 16, 1999 Released: June 25, 1999 By the Chief, Allocations Branch: 1. In response to a Petition for Rule Making filed by LBJS Broadcasting Company, L.P. ("LBJS"), the Commission has before it for consideration the Notice of Proposed Rule Making, 14 FCC Rcd 3567 (1999), requesting the reallotment of Channel 268C1 from Giddings, Texas, to Buda, Texas, and modification of the license for Station KROX to specify Buda as the community of license. LBJS filed supporting comments in which it reaffirmed its interest in Channel 268C1 at Buda. No other comments were received in response to the Notice in this proceeding. 2. Based upon the information presented in this proceeding, we believe the public interest would be served by reallotting Channel 268C1 from Giddings, Texas, to Buda, Texas, since it would result in a preferential arrangement of allotments pursuant to the Commission's Change of Community procedures. See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). Buda is located in Hays County in the central part of the state of Texas. Buda has a mayor and city council type government, is served by the Buda Volunteer Fire Department, the Mustang Ridge Police Department and the community has a local newspaper, the Free Press. Buda has its own post office and zip code, local schools a public library, churches, numerous businesses and community organizations that serve the needs and interests of the citizens of Buda. Buda, with a population of 1,795 people according to the 1990 Census, would receive its first local service thus fulfiling allotment priority (3) of the Commission's allotment priorities. This action will not deprive Giddings of local service as Station KANJ(FM) is licensed to Giddings. Retention of Channel 268C1 in Giddings triggers priority (4), other public interest matters. 3. The reallotment proposal is consistent with the requirements set forth in Change of Community, supra. As stated in the Notice, there will be no decline in service area or number of listeners reached because Station KROX does not intend to change its transmitter location. Station KROX will continue to provide a city-grade signal to the residents of Giddings without disruption. Both Giddings and Buda receive five or more reception services and are considered to be welll- served. Further, although our analysis does show that the 60 dBu contour from Station KROX will encompass 94.7% of the Austin Urbanized Area, coverage by the 70 dBu signal covers less than 50% of the Austin Urbanized Area. Therefore, LBJS was not required to provide a Tuck showing. 4. Channel 268C1 can be allotted to Buda, Texas, in compliance with the Commission's minimum distance separation requirements at LBJS's specified site. In accordance with Section 1.420(i) of the Commission's Rules, we modify the license for Station KROX to specify operation on Channel 268C1 at Buda, Texas, as its new community of license. 5. 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 9, 1999, 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 Buda, Texas 268C1 Giddings, Texas -------- 6. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of LBJS Broadcasting Company, L.P. for Station KROX, Channel 2268C1, Giddings, Texas, IS MODIFIED to specify operation on Channel 268C1 at Buda, Texas, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in license BLH-950621KC except for the community 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-950621KC, except for the community 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, LBJS Broadcasting Company, L.P., licensee of Station KROX, is required to submit a rule making fee in addition to the fee required for the application to effect the change in community of license from Giddings to Buda, 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 relating to the application filing process 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