**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.606(b), ) MB Docket No. 02-280

Table of Allotments, ) RM-10558

Television Broadcast Stations. )

(Blanco, Texas) )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: December 12, 2002 Released: December 19, 2002**

By the Chief, Video Division:

1\. At the request of Univision Television Group ("Univision"), an
applicant for NTSC channel 52 at Blanco, Texas, the Commission has
before it the [Notice of Proposed Rule Making]{.underline}, 17 FCC Rcd
17166, proposing the substitution of channel 17 for channel 52 at
Blanco. Univision filed comments restating its interest in applying for
channel 17, if allotted. No other comments were filed.

2\. Univision is the winning bidder in the FCC Auction No. 80 (2000) for
NTSC channel 52 at Blanco, Texas. The *Notice* observed that after
Univision became the winning bidder, the Commission adopted a Report and
Order reallocating TV channels 52-59 for use by fixed and mobile
services.[^1] In response to this action, Univision filed a petition for
reconsideration requesting that the Commission exclude it from the
category of applicants required to modify their requests to specify an
in-core channel or DTV operation, or face dismissal. In the alternative,
Univision requested that the Commission grant its pending petition for
rule making proposing the substitution of channel 17 for channel 52.

3\. The Commission denied Univision petition for reconsideration, but
directed the Media Bureau to work with Univision to expedite its
petition for rule making. However, Univision proposal to substitute
channel 17 for channel 52 did not comply with the spacing requirements
to land mobile channel 17 at Houston, Texas. Nevertheless, the
Commission also directed the Media Bureau to consider waiver of the
applicable land mobile distance separation criterion for the Univision
allotment proposal and ordered that such waiver relief, if granted,
should be conditioned on Univision accepting interference from land
mobile licensees and Univision limiting interference to land mobile
licensees in Houston.[^2]

4\. A staff engineering analysis indicates that channel 17 can be
allotted to Blanco, Texas, with a zero offset consistent with the
minimum distance separation requirements of Sections 73.610 and 73.698
of the Commission Rules. The coordinates for channel 17 at Blanco are
North Latitude 29-42-58 and West Longitude 98-30-39. Since the community
of Blanco is located within 275 kilometers of the U.S.-Mexican border,
concurrence from the Mexican government has been obtained for this
allotment. Due to the short-spacing to land mobile channel 17 at
Houston, Texas, Univision use of channel 17 at Blanco includes the
following condition: Univision must agree to (1) accept interference
from current and future 488-494 MHz land mobile facilities operating
from base stations located within 50 miles of the Houston reference
point and mobile units operating within 30 miles of their associated
base stations; and (2) not radiate a signal in the Houston area where
land mobile operation is permitted with a field strength greater than
that permitted by a full-power TV station that meets the co-channel
distance separation criteria (341.1 km).

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 0.61, 0.204(b) and 0.283 of the Commission\'s
Rules, IT IS ORDERED, That effective February 3, 2002, the TV Table of
Allotments, Section 73.606(b) of the Commission\'s Rules, IS AMENDED,
with respect to the community listed below, to read as follows:

[City]{.underline} [Channel No.]{.underline}

Blanco, Texas 17

6\. IT IS FURTHER ORDERED, That within 45 days of the effective date of
this *[Order]{.underline}*, Univision Television Group, Inc. shall
submit to the Commission a minor change application for a construction
permit (FCC Form 301) specifying TV Channel 17 in lieu of TV Channel 52.

7\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

8\. For further information concerning this proceeding, contact Pam
Blumenthal, Media Bureau, (202) 418-1600.

FEDERAL COMMUNICATIONS COMMISSION

Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: Reallocation and Service Rules for 698-746 MHz Spectrum Band
    (Television Channels 52-59), GN Docket no. 01-74, *Report and
    Order*, 17 FCC Rcd 1022 (2002) released January 18, 2002, (*"Lower
    700 MHz"*); and see also *Memorandum Opinion and Order*, 17 FCC
    11613 (2002), released June 14, 2002 (*"Lower 700 MHz MO&O"*). Under
    the new reallocation plan, the Commission stated that it would
    dismiss all pending petitions for new NTSC channel allotments in the
    lower 70 MHz. The Commission also opened a 45-day window for
    applicants with applications for construction permits to request a
    change in channel for their pending applications or petitions for
    rule making. *See* *Mass Media Bureau Announces Filing Opportunity
    for Certain Pending Requests for New NTSC Television Stations on
    Channels 52-59,* released February 6, 2002, DA 02-270.

[^2]: *Lower 700 MHz MO&O*, at 22 § 47.