******************************************************** 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. 98-125 Table of Allotments, ) RM-9301 FM Broadcast Stations. ) (Lufkin, Texas ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 23, 1999 Released: July 2, 1999 By the Chief, Allocations Branch: 1. In response to a Petition for Rule Making filed by Russell L. Lindley ("Lindley"), the Commission has before it for consideration the Notice of Proposed Rule Making, 13 FCC Rcd 13372 (1998), requesting the allotment of Channel 230A at Lufkin, Texas, as that community's third local FM broadcast service. Lindley filed comments supporting the allotment of Channel 230A at Lufkin. Grapeland Broadcasting Company ("Grapeland Broadcasting") filed a counterproposal. Lindley and Grapeland Broadcasting filed joint reply comments. 2. We believe the public interest would be served by allotting Channel 230A to Lufkin, Texas, as it will provide the community with additional broadcast service. Channel 230A can be allotted to Lufkin in compliance with the minimum distance separation requirements of the Commission's Rules without a site restriction. 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 August 16, 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 Lufkin, Texas 230A, 257C2, 286C 4. A filing window for Channel 230A at Lufkin, 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 the counterproposal filed by Grapeland Broadcasting Company IS DISMISSED. 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 Channel 230A at Lufkin, 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