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

In the Matter of                     )
                                     )
Amendment of Section 73.202(b),     )   
Table of Allotments                 )
FM Broadcast Stations.               )
(Windthorst, Texas)                 )

                  MEMORANDUM OPINION AND ORDER
                    (Proceeding Terminated)

Adopted: February 7, 2001                              Released:  February
16, 2001     

By the Chief, Allocations Branch:
     
1.   The Allocations Branch has before it for consideration a Petition for Reconsideration ("Recon.")
filed by Windthorst Radio Broadcasting Company ("Windthorst Radio") directed to the staff action
returning its Petition for Rule Making proposing the allotment  at Windthorst, Texas.   Thereafter,
Windthorst Radio filed a Request for Dismissal of its Petition for Reconsideration.  As requested, we
shall dismiss the Petition for Reconsideration.

2.   Background.  The petition for rule making filed by Windthorst Radio proposed the allotment
of Channel 230C3 at Windthorst, Texas, stating that it could provide a first local transmission service to
a community of nearly 400 persons located in Archer County Texas.  The staff action returned
Windthorst Radio's Petition for Rule Making as technically unacceptable  because of the short spacing
to the vacant allotment site for Channel 230C2, Seymour, Texas.  We pointed out that the license for
Station KSEY, Seymour, was amended to specify operation on Channel 230C2 in lieu of Channel 232A
in MM Docket No. 86-478.  See 2 FCC Rcd 5640 (1987). We also stated that the proposal for
Windthorst was short spaced to a pending application for Channel 230C2 at Seymour.

3.   Petiton for Reconsideration.   In its Petition for Reconsideration, Windthorst Radio argued that
its proposal for the allotment of Channel 230C3 at Windthorst was fully spaced to all allotments except
for the vacant allotment of Channel 230C2 at Seymour.  Windthorst Radio further argued that Station
KSEY, Seymour, has been warehousing frequencies since the station was modified to the higher class
in 1987 and that its petition for Channel 230C3 at Windthorst is entitled to be considered before the
application recently filed by Station KSEY for Channel 230C2 at Seymour (BPH-20000406ABC).
     
     
4.   On December 12, 2000, Windthorst Radio filed a Request for Dismissal of its Petition for
Reconsideration.  Windthorst Radio filed an affidavit stating that the monies received for withdrawal of
its Petition for Reconsideration do not exceed its reasonable and prudent expenses incurred in the
preparation and filing of its petition for rule making at Windthorst.

5.   Accordingly, IT IS ORDERED, That the Petition for Reconsideration filed by Windthorst Radio
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.            
          
          
                                   FEDERAL COMMUNICATIONS COMMISSION
     
     
     
                                   John A. Karousos
                                   Chief, Allocations Branch
                                   Policy and Rules Division
                                   Mass Media Bureau