**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MB Docket No. 06-43          |
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| Amendment of Section 73.202(b),  | ) | RM-11313                     |
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| FM Table of Allotments,          | * | MB Docket No. 06-66          |
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| FM Broadcast Stations.           | * | RM-11321                     |
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| (Oakwood, Texas)                 | ) |                              |
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| (Normangee, Texas)               | * |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 3, 2007 Released: October 5, 2007**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it two *Notices of Proposed Rule
    Making.*[^1] We are consolidating these two proceedings because the
    counterproposals filed in each proceeding are mutually
    exclusive.[^2] Charles Crawford filed comments and a 'Request for
    Approval of Withdrawal' ("Withdrawal Request") in both MB Docket No.
    06-43 and MB Docket No. 06-66. Linda Crawford filed a
    counterproposal in MB Docket No. 06-43 and 'Request for Approval of
    Withdrawal.' In MB Docket No. 06-66, Roy Henderson, ("Henderson"),
    licensee of Station KHTZ, (*formerly* KLTR), Channel 297A, Caldwell,
    Texas, filed a counterproposal, 'Motion for Leave to Supplement
    Comments and Counterproposal,' and 'Memorandum of Law.' No other
    comments or counterproposals were received in response to this
    proceeding.

2.  **Background.** The *Notice* in MB Docket No. 06-43, proposed the
    allotment of Channel 300A at Oakwood, Texas, as its first local
    service. Charles Crawford filed timely comments, reiterating its
    expression of interest in the proposed Oakwood allotment but later
    filed a Withdrawal Request in compliance with Section 1.420(j) of
    the Rules, stating that he desires to withdraw his petition and
    expression of interest.

3.  In response to this *Notice,* Linda Crawford filed a timely
    counterproposal, requesting the allotment of Channel 299C3 at
    Bedias, Texas, as its first local service and Channel 300A at
    Oakwood, Texas at new reference coordinates to resolve the conflict
    with the *Notice's* proposal. Linda Crawford requested to withdraw
    her counterproposal after the proceeding closed. This request
    complied with Section 1.420(j) requirements.

4.  The *Notice* in MB Docket No. 06-66, proposed the allotment of
    Channel 299A at Normangee, Texas, as its first local service. In
    compliance with Section 1.420(j) of the Rules, Charles Crawford
    later filed a Withdrawal Request, stating that he desires to
    withdraw his petition and expression of interest for Channel 299A at
    Normangee.

5.  In response to this *Notice,* Henderson filed a timely
    counterproposal, requesting the reallotment of FM Station KHTZ,
    Channel 297A at Caldwell to Channel 297C3 at Bedias, Texas, as its
    first local service and modification of the FM Station KHTZ license;
    and the reallotment of FM Station KKLB, Channel 267A from
    Madisonville to Caldwell, Texas, to prevent removal of Caldwell's
    sole local service and modification of the FM Station KKLB
    authorization. Henderson filed a Memorandum of Law, stating that
    this proceeding is no longer contested and its proposal results in a
    preferential arrangement of allotments, under the Commission's FM
    allotment priorities.[^3] Moreover, Henderson states that its
    proposal does not violate the Commission's backfill policy.[^4]

6.  **Discussion.** In compliance with Section 1.420(j) of the Rules, we
    will grant both requests of Charles Crawford to withdrawal its
    petitions for Channel 300A at Oakwood, Texas, and Channel 299A at
    Normangee, Texas; and the request of Linda Crawford to withdraw her
    counterproposal filed in connection with MB Docket No. 06-43. Each
    party has filed an affidavit pursuant to Section 1.420(j) of the
    Rules, certifying that it has not nor will not receive, either
    directly or indirectly, any money or other consideration in
    connection with its respective withdrawal request. A showing of
    continuing interest is required before a channel is allotted to a
    community in compliance with the *Appendix* to the *Notice*. It is
    the Commission's policy to refrain from making a new allotment to a
    community absent an expression of interest. As such, we are
    dismissing the petitions, requesting the allotment of Channel 300A
    at Oakwood, Texas, and Channel 299A at Normangee, Texas, along with
    the counterproposal filed by Linda Crawford in accordance with
    Section 1.420(j) of the Rules.

7.  We are also dismissing Henderson's counterproposal. Specifically,
    the proposed reallotment of FM Station KKLB, Channel 267A from
    Madisonville to Caldwell, Texas conflicted with the proposed
    allotment of Channel 267A at Rosebud, Texas, requested in MB Docket
    No. 05-229.[^5] The proposed Rosebud allotment was still under
    consideration when Henderson filed its counterproposal.
    Counterproposals are required to be "technically correct and
    substantially complete" when filed and non-dependent on final
    actions in another proceeding.[^6] In allocation proceedings, a
    counterproposal is deemed defective if it conflicts with, or
    contingent upon, a cut-off proposal or a non-final decision in
    another proceeding.[^7] This policy not only affords protection to
    parties entitled to cut-off protection, it also is essential to the
    efficient processing of proposed changes to the FM Table of
    Allotments. Processing proposals that are not capable of being
    effectuated on the date of filing would cause an unnecessary
    expenditure of Commission resources and would impose an unfair
    burden on other parties.[^8]

8.  This document is not subject to the Congressional Review Act. (The
    Commission, is, therefore, not required to submit a copy of this
    Report and Order to GAO, pursuant to the Congressional Review Act,
    *see* 5 U.S.C. 801(a)(1)(A) because the proposed rule was dismissed.

9.  Accordingly, IT IS ORDERED, That the Petitions for Rule Making filed
    by Charles Crawford for Channel 300A at Oakwood, Texas and Channel
    299A at Normangee, Texas, ARE DISMISSED.

10. IT IS FURTHER ORDERED, That the counterproposal filed by Linda
    Crawford, IS DISMISSED.

    11\. IT IS FURTHER ORDERED, That the counterproposal filed by
    Henderson, IS DISMISSED.

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

13\. For further information concerning this proceeding, contact Rolanda
F. Smith, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

[^1]: *See Oakwood, Texas,* Notice of Proposed Rule Making, 21 FCC Rcd
    1643 (MB 2006) ("*Notice"*) and *Normangee, Texas,* Notice of
    Proposed Rule Making, 21 FCC Rcd 3315 (MB 2006) ("*Notice II"*).

[^2]: These two proceedings are being consolidated because the
    counterproposal, requesting the allotment of Channel 299C3 at
    Bedias, Texas filed by Linda Crawford in connection with MB Docket
    No. 06-43 conflicts with the counterproposal, proposing the
    reallotment of FM Station KHTZ from Channel 297A at Caldwell, Texas
    to Channel 297C3 at Bedias, Texas filed by Roy Henderson in MB
    Docket No. 06-66.

[^3]: *See Revision of FM Assignment Policies and Procedures,* Second
    Report and Order, 90 FCC 2d 88 (1988).

[^4]: *See Pacific Broadcasting of Missouri, LLC,* Memorandum Opinion
    and Order, 18 FCC Rcd 2291 (MB 2003); *recon denied*, Memorandum
    Opinion and Order, 19 FCC Rcd 10950 (2004) (stating that vacant
    allotments can no longer be used as a backfill for the purposes of
    replacing the community's sole local service).

[^5]: *See Rosebud and Madisonville, Texas,* Report and Order, 21 FCC
    Rcd 7898 (MB 2006); *recon denied,* Memorandum Opinion and Order, 22
    FCC Rcd 3795 (MB 2007).

[^6]: *See Saint Joseph, Louisiana et al,* Memorandum Opinion and Order,
    21 FCC Rcd 2254 (MB 2006) (stating that the counterproposal was
    properly dismissed as an impermissibly contingent proposal; and that
    counterproposal are required to be technically correct and
    substantially complete when filed).

[^7]: *See Amboy, California, et al.,* Report and Order, 19 FCC Rcd
    12405 (MB 2004), *citing* *Pinewood, South Carolina*, Memorandum
    Opinion and Order, 5 FCC Rcd 7609 (1990)(stating that it was proper
    to dismiss a petition conflicting with a cut-off counterproposal in
    another proceeding); *Auburn, Alabama, et al.,* Memorandum Opinion
    and Order, 18 FCC Rcd 10333 (MB 2003) (accepting only rulemaking
    proposals that rely upon actions in earlier rulemaking proceedings
    that are effective but not final); *Kaukauna and Cleveland,
    Wisconsin*, 6 FCC Rcd 7142 (MMB 1991) (stating that the
    counterproposal was not acceptable for rule making because it was
    short-spaced to cut-off proposal in another proceeding).

[^8]: *See Cut and Shoot, Texas* 11 FCC Rcd 16383, 16384 (MMB 1996).
    (processing petitions for rule making which are contingent upon
    action by third parties "is not conducive to the efficient
    transaction of Commission business and imposes unnecessary burdens")
    *See also Auburn, supra* (processing contingent proposals is
    inefficient because "\[t\]he staff would either have to wait until
    the contingency is met, thereby further delaying action in a case,
    or would have to revisit a decision if a proposal was granted
    contingent on the outcome of an action that never occurred").