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

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No.  99-131
Table of Allotments,            )  RM-9333
FM Broadcast Stations.          )
(Llano, Texas )                 )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: July 7, 1999                
     Released: July 16, 1999   

 By the Chief, Allocations Branch:
 
 1.  In response to a Petition for Rule Making filed by Elgin FM Limited Partnership ("Elgin"),
 one of three mutually exclusive applicants for the Channel 242A allotment at Llano, Texas, the
 Commission has before it for consideration the Notice of Proposed Rule Making, 14 FCC Rcd 6851
 (1999), proposing the allotment of Channels 293A and 275A at Llano, Texas.   This would permit
 two of the applicants to amend their applications with cut-off protection.  Elgin filed supporting
 comments in which it reaffirmed its interest in Channel 293A.  BK Radio ("BK") submitted
 comments supporting additional allotments at Llano.  Elgin and BK filed a joint Motion to
 Expedite.   For the reasons discussed below, we are allotting Channels 293A and 275A to Llano,
 Texas.
 
 2.  Because of developments related to our comparative licensing procedures, the Commission
 is unable to designate applications for a comparative hearing or otherwise expeditiously resolve
 these mutually exclusive applications.  See Bechtel v. Federal Communications Commission, 10
 F.3d 875 (D.C. Cir. 1993).  Therefore,  Elgin, one of three mutually exclusive applicants for
 Channel 242A at Llano, Texas, requested the allotment of Channel 293A at Llano with cut-off
 protection so that it can amend its application to specify operation on Channel 293A in lieu of
 Channel 242A.   BK filed comments supporting the Petition for Rule Making requesting that
 Channel 275A be allotted to Llano and that its pending application for Channel 242A be amended
 with cut-off protection to specify Channel 275A.  In the event there were other expressions of
 interest, the Notice indicated that there was an additional Class A channel available at Llano. With
 the availability of an additional channel for other parties, the Notice also proposed to allow Elgin
 and BK to amend their applications to specify operation on Channels 293A and 275A respectively,
 and retain cut-off protection.        
 3.  We believe the public interest would be served by allotting Channels 293A and 275A to
 Llano, Texas, providing the community with its second and third local FM transmission service and
 avoiding further delay in this matter.  See, Copeland, Kansas, 5 FCC Rcd 7682 (1990) and Albion,
 Nebraska, 10 FCC Rcd 11927 (1995).  Allotting additional channels at Llano will also hasten
 removal of the condition imposed in MM Docket 95-49 which prevents Station KBAE, Marble
 Falls, from providing a first locat service to that community.  A Commission engineering analysis
 has determined that Channels 293A and 275A can be allotted to Llano in compliance with the
 Commission's minimum distance separation requirements.  Since Llano is located within 320
 kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican government has
 been obtained for these allotments.  Furthermore, in view of the fact that there are no other timely
 filed expressions of interest for a Class A channel at Llano, we will allow Elgin to amend its
 application with cut-off protection (BPH-970914MI) to specify operation on Channel 293A in lieu
 of Channel 242A and BK to amend its application (BPH-970815MD) to specify operation on
 Channel 275A in lieu of Channel 242A and retain cut-off protection. 
 
 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 30, 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
 
               Llano, Texas             242A, 275A, 293A
          
     
 4.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 5.  For further information concerning this proceeding, contact Kathleen Scheuerle, Mass
 Media Bureau, (202) 418-2180.    Questions related to the application filing process for Channels
 293A and 275A at Llano, 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