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Federal Communications Commission Record 5 FCC Red No DA 90- 1223 Federal Communications Commission Record 5 FCC Red No. 20 alternate Class Cl channel. Finally, Franklin Community Before the will be permitted to amend its application for Channel Federal Communications Commission 255A at Franklin to specify operation on Channel 270A Washington, D.C. 20554 and retain its cut-off protection since the channels are of an equivalent class. See Phillipsburg, Kansas, 48 FR 10844 (1983). 4. Channel 255Cl can be allotted to Lampasas in com­ MM Docket No. 89-598 pliance with the Commission's minimum distance separa­ tion requirements and can be used at Station KLTD(FM)'s In the Matter of present transmitter site. Channel 270A can be allotted to Franklin in compliance with the Commission's minimum Amendment of Section 73.202(b), RM-7148 distance separation requirements without the imposition 2 Table of Allotments, of a site restriction. Mexican concurrence has been re­ ceived since Lampasas is located within 320 kilometers FM Broadcast Stations. (199 miles) of the U.S.-Mexican border. (Lampasas and Franklin, Texas) 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 REPORT AND ORDER 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS (Proceeding Terminated) ORDERED, That effective November 8, 1990, the FM Table of Allotments, Section 73.202(b) of the Commis­ Adopted: September 11, 1990 Released: September 25, 1990 sion's Rules, IS AMENDED, with respect to the commu­ nities listed below, to read as follows: By the Deputy Chief. Policy and Rules Division: City Channel No. 1. At the request of Shamrock Communications, Inc. Franklin, Texas 270A (petitioner), the Commission has before it the Notice of Proposed Rule Making, 4 FCC Red 8784 (1989), proposing Lampasas, Texas 255C1 the substitution of Channel 255C1 for Channel 256Cl at Lampasas, and modification of its license for Station 6. IT IS FURTHER ORDERED, pursuant to Section KLTD(FM) to specify operation on the alternate Class C1 316(a) of the Communications Act of 1934, as amended, channel. In order to accommodate the change of channel that the license of Shamrock Communications, Inc. for at Lampasas, the Commission also proposed to substitute Station KLTD(FM), Lampasas, Texas, IS MODIFIED to Channel 270A for unoccupied but applied-for Channel specify operation on Channel 255Cl, in lieu of Channel 255A at Franklin, Texas. The petitioner filed comments 256Cl, subject to the following conditions: and reply comments supporting the allotment of Channel 255C1 at Lampasas. Franklin Community Broadcasting (a) Nothing contained herein shall be construed as ("Franklin Community"), the sole applicant for Channel authorizing any change in Station KL TD(FM)'s li­ 255A at Franklin, Texas, filed comments and reply com­ cense, BLH-890113KD, except the channel as speci­ ments opposing the proposal. In addition, Ervin L. Wil­ fied above. Any other changes, except those so liams ("Williams") submitted a counterproposal specified under Section 73.1620 of the Rules, re­ requesting the allotment of Channel 270C3 to Calvert. quire prior authorization pursuant to an application Texas. Franklin and Calvert are located only 19 for construction permit (FCC Form 301). kilometers apart while the Commission's Rules stipulate a minimum distance separation of 142 kilometers for co­ (b) Program tests may be conducted in accordance channel Class A and C3 allotments.' with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all 2. Petitioner reiterates its intention to apply for Chan­ respects with license BLH-890113KD, except for the nel 255Cl at Lampasas. It states that Station KLTD(FM) is channel as specified above and a license application presently experiencing severe co-channel interference (FCC Form 302) is filed within 10 days of com­ within its primary coverage area from Station mencement of program tests. KODA(FM), Channel 256C, Houston, Texas, and Station KRYS(FM), Channel 256C1, Corpus Christi, Texas. Peti­ tioner submits that the interference is due to the signal 7. IT IS FURTHER ORDERED, That the Secretary propagation phenomenon known as "ducting." As stated SHALL SEND by CERTIFIED MAIL, RETURN RE­ in the NOlice, petitioner attributes the interference to the CEIPT REQUESTED, a copy of this Report and Order to location of Stations KODA(FM) and KRYS(FM) near the the applicant for Channel 255A at Franklin, Texas, as Gulf of Mexico where ducting propagation conditions follows: Franklin Community Broadcasting, 839 Timber result in field strengths in excess of the norm. Cove, Seabrook. Texas 77586. 3. We have carefully reviewed the pleadings before us 8. IT IS FURTHER ORDERED, That this proceeding and find that the public interest would be served by IS TERMINATED. substituting Channel 255Cl for Channel 256Cl at 9. For further information concerning this proceeding, Lampasas, Texas, and substituting Channel 270A for contact Leslie K. Shapiro, Mass Media Bureau, (202) Channel 255A at Franklin, Texas, since the substitution 634-6530. may result in service improvements by Station KL TD(FM). As proposed, we will also modify petitioner's license for Station KLTD(FM) to specify operation on the 5664 5 FCC Red No. 20 Federal Communications Commission Record DA 90· 1223 FEDERAL COMMUNICATIONS COMMISSION Kathleen B. Levitz Deputy Chief Policy and Rules Division Mass Media Bureau FOOTNOTES 1 After the record closed in this proceeding, Franklin Com­ munity withdrew its comments opposing the proposed substitu­ tion of channels at Franklin, and Williams withdrew his counterproposal. Therefore, we will not discuss the pleadings of Franklin Community or Williams or petitioner's response thereto. 2 The coordinates for Channel 255C1 at Lampasas are North Latitude 30-43-34 and West Longitude 97-59-23. The coordinates for Channel 270A at Franklin are 31-01-36 and 96-29-00. We note that the Channel 270A can also be used at Franklin Com­ munity's applied-for site at coordinates 31-02-58 and 96-26-06. 5665 .
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