DOCKET RLE COPY ORIGINAL
Before the Federal Communication Commission Washington, D.C. 20554
In the Matter of: ) ) Modification of the FM ) MM Docket------Table of Assignments ) to Authorize Channel 227A) FCC RM _ (93.3) to provide additional ) non-commercial service to ) Laredo, Texas and the ) Surrounding Area )
To: FCC/Mass Media Bureau
PETITION FOR RULE MAKING
Submitted By
Texas A & M International University INTRODUCTION
In accordance with 47 CFR 1.401, now comes Texas A & M International University
(Petitioner) requesting a modification to the Table of FM Assignments to permit the expansion of broadcast service to an area that is under served.
Petitioner is an agency of the State of Texas and a component of the Texas A & M
University System. The System consists of ten universities, eight state-wide agencies, an affiliated medical school, and a college of dentistry serving the residents of the State of Texas by providing both formal degree programs and continuing education short courses and seminars. The mission of the Petitioner includes the requirement to provide a variety of educational experiences to the residents of South Texas. The South Texas area has been historically under served by the providers of higher education. In recent years, the two
1 statewide university systems have placed increased emphasis on expanding the educational services available within the area. Petitioner seeks to continue the expansion of educational services by providing a new FM broadcast service to an under served area.
PROPOSED PRINCIPAL COMMUNITY OF SERVICE
An allocation of Channel 227A to the site hereinafter described would have the community of Laredo, Texas as its principal community of service. Laredo satisfies the definition of community by having the following:
1. its own governing body as an incorporated entity
2. its own post office and zip codes (78040-78045)
3. a population in excess of 100,000
4. two independent school districts
5. it is the largest inland port in the United States
The city of Laredo clearly meets the definition of "community".
EXISTING SERVICE
There is no licensee operating on Channel 227 within the service area contemplated by the requested rule making, and no licensee would be required to change channels or alter service as a result of the proposed rule making. Channel 227A has not been previously coordinated with the Mexican authorities with Laredo as the principal community of service.
Laredo is presently served by the following licensees:
2 ID Frequency Channel Class
KHOY 88.1 201 A XHLDO 88.9 205 B KBNL 89.9 210 C1 XHTPI 90.9 215 A XHNOE 91.3 217 B KJBZ 92.7 224 A XHTLN 94.1 231 A KOYE 94.9 235 C1 XHBK 95.7 239 A XHNLO 97.1 246 B KRRG 98.1 251 C1 XHNK 99.3 257 B KBDR 100.5 263 C2 (Mirando City) XHAS 101.5 268 A XHMW 102.3 272 A XHNLR 104.9 285 A KNEX 106.1 291 A XHGTS 107.3 293 B
In addition to these active stations, there are numerous reserved channels in Nuevo Laredo, TA; Colombia, NL; Villa Hidalgo, CI; Ciudad Guerrero, TA; that further restrict channel assignments in Laredo.
PUBLIC NEED
By modifying the Table of FM Assignments to provide for Channel 227A at a location near Laredo, service could be provided not only to Laredo but also to farms and ranches in the northern parts of Webb County, southern La Salle County, and eastern Dimmit County. Based upon the 1990 Census Data, the following are the populations which would be served:
Community Zip Code Population
Encinal 78019 805 North Laredo 78041 46,095 East Laredo 78043 42,547
Total 89,447
3 The existing non-commercial licensees do not adequately serve this area.
SPACING REQUIREMENTS
The proposed allocation is within the Mexican Border Zone and would require coordination with the Mexican authorities. The proposed coordinates for the allocation of Channel
227A are for an existing tower owned by the Webb County Sheriff's Department located as follows:
North Latitude 27 degrees, 48 minutes, 03 seconds
West Longitude 99 degrees, 27 minutes, 37 seconds
The proposed allocation appears to be in compliance with 47 CPR 73.207 for the stations located in the United States and 47 CFR 73.207(b)(3) for stations or reserved channels located in Mexico.
Please refer to Exhibit A for an analysis of the spacing requirements.
INTENT TO APPLY
The Petitioner positively asserts that it will apply for a license to operate a Class A FM station on Channel 227A at the site specified near Laredo, Texas if the Commission adopts a rule to modify the Table of Assignments to permit such operation.
ABILITY TO PERFORM
The Petitioner positively asserts that, as a public institution of higher education, it has or can obtain financial resources, equipment and personnel adequate to operate the proposed facility and to comply with the Rules and Regulations of the Commission. Petitioner asserts that it will operate the facility on a not-for-profit basis, in accordance with both FCC rules and IRS regulations, and will file the appropriate notice in a timely manner.
4 ACTIONS REQUESTED
Petitioner requests that the Commission issue a Notice of Proposed Rule Making to amend the Table of FM Assignments to provide for Channel 227A at the coordinates shown herein and to seek the necessary coordination with the Mexican authorities and to subsequently adopt such rule.
TIME IS OF THE ESSENCE
In as much as a considerable population is not served or is under served by broadcast service, the Petitioner requests expedited action in the handled of this petition.
CONCLUSION
The Petitioner has shown that there is a significant population in need of additional broadcast service in the South Texas area and that Petitioner can provide that service. Should the
Commission act favorably upon this petition, Petitioner will promptly submit an application to operate a Class A non-commercial station on Channel 227.
Respectfully submitted 28th day of April, 1999.
Texas A & M Internati nal University
BY_-#~.d.d!l&l.oq;t:::~~=- _ J. C
Please respond to: Dr. J. Charles Jennett, President Texas A & M International University 5201 University Boulevard Laredo, Texas 78041 Telephone: (956) 326-2320
5 Spacing Requirement - Exhibit A - North Latitude West Longitude Kilometer Channel Deg Min Sec Deg Min Sec Separation: Actual Required Proposed (6kw) 227A 27 48 03 99 27 37 Co-channel: Reserved, Jiminez,CI,Mx, 227A 29 03 36 100 40 49 184 111 Reserved, San Vicente,CI 227B 29 09 00 103 00 00 377 178 KPLV, Port Lavaca, Tx, 227C1 28 42 22 96 48 03 280 200 XHQQ, Monterrey,NL,Mx, 227C 25 37 03 100 16 29 255 226 KLNC. Cedar Park.Tx 227C 30 43 34 97 59 23 354 226 First Adjacent Channel: Proposed, Leakey, Tx 226A 29 43 42 99 45 48 216 72 Reserved, Nueva Rosita,CI,Mx 226B 27 54 52 101 15 04 178 125 XHAAA, Reynosa,TA,Mx, 226C 26 02 59 98 21 57 222 165 KBAW, Zapata,Tx 228A 26 54 43 99 17 09 100 72 Reserved. Carrizo Springs.Tx. 228A 28 31 12 99 54 52 91 72 Second Adjacent Channel: XHCDU, Ciudad Acuna, CI 225A 29 19 33 100 55 51 222 31 KROM, San Antonio,Tx 225C1 29 16 29 98 15 52 201 75 Reserved. Colombia.NL.Mx 229A 27 42 09 99 45 25 31 31 Third Adjacent Channel: KJBZ, Laredo, Tx 224A 27 31 04 99 31 20 32 31 KKBA, Kingsville,Tx 224A 27 32 07 97 53 06 158 31 KINL, Eagle Pass,Tx 224C3 28 46 45 100 29 30 148 42 XHCDL, Ciudad Aleman,TA,Mx 230A 26 20 03 99 01 39 168 31 Reserved, Frontera,CI,Mx 230B 26 56 42 101 30 16 223 69 KMXR. Corpus Christi.Tx 230C1 27 46 50 97 38 03 180 75
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