**Before the**

Federal Communications Commission

**Washington, DC 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | MB Docket No. 04-348         |
|                                  | * |                              |
| Amendment of Section 73.202(b),  | ) | RM-10718                     |
|                                  | * |                              |
| FM Table of Allotments,          | * | RM-11153                     |
|                                  |   |                              |
| FM Broadcast Stations.           | * | RM-11154                     |
|                                  | * |                              |
| Cross Plains, Granite Shoals,    | ) | MB Docket No. 04-407         |
| Llano, Junction, Blanket,        | * |                              |
| Burnet, Kempner, and Cherokee,   | * | RM-11106                     |
|                                  |   |                              |
| Texas                            | * |                              |
|                                  | * |                              |
| Bertram, Texas[^1]               | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

report and order

(Proceeding Terminated)

**Adopted: June 11, 2008 Released: June 13, 2008**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it: (1) a *Notice of Proposed Rule
    Making* in MB Docket No. 04-348 issued at the request of Charles
    Crawford ("Crawford");[^2] (2) a *Notice of Proposed Rule Making* in
    MB Docket No. 04-407 issued at the request of Crawford;[^3] (3) a
    counterproposal in response to *NPRM I* filed by Munbilla
    Broadcasting Properties, Ltd. ("MBPL"), licensee of Station
    KHLE(FM), Burnet, Texas;[^4] (4) a rulemaking petition to allot
    Channel 285A to Cherokee, Texas, filed by Crawford;[^5] (5) a
    *Public Notice*[^6] consolidating MB Dockets 04-348, 04-407, and
    RM-11154; (6) various related pleadings; and (7) requests for
    withdrawal of the Crawford and MBPL proposals.[^7] For the reasons
    discussed below, we will grant the requested withdrawals.

2.  This consolidated proceeding commenced with the issuance of *NPRM I*
    and *NPRM II*. First, at the request of Crawford, *NPRM I* proposed
    the allotment of Channel 294A at Cross Plains, Texas (pop. 1,068) as
    the community's first local aural service. *NPRM I* established a
    counterproposal deadline of October 25, 2004. Second, at the request
    of Crawford, *NPRM II* proposed the allotment of Channel 284A at
    Bertram, Texas (pop. 1,222) as a first local service. *NPRM II* set
    forth a counterproposal deadline of December 27, 2004. The proposed
    allotments of Channel 294A at Cross Plains and Channel 284A at
    Bertram did not conflict with each other under the Commission's
    minimum distance separation requirements.[^8]

3.  On October 25, 2004, MBPL timely filed a counterproposal that is
    mutually exclusive with *NPRMs I and II,* as well as the undocketed
    *Cherokee Petition*.[^9] MBPL's counterproposal proposes the
    allotment of Channel 293A at Granite Shoals, Texas (pop. 2,040) as a
    first local aural service. To accommodate this allotment, MBPL also
    proposes (1) the substitution of Channel 284C3 for vacant Channel
    293C3 at Llano, Texas; (2) the substitution of Channel 252A for
    vacant Channel 284A at Junction, Texas; (3) the substitution of
    Channel 295A for vacant Channel 284A at Blanket, Texas; and (4) the
    reallotment of Channel 295A from Burnet, Texas, to Kempner, Texas
    (pop. 1,004) and the associated modification of the license for
    Station KHLE(FM), pursuant to Section 1.420(i) of the Commission's
    rules.[^10] The counterproposal is mutually exclusive with *NPRM I*
    because Channel 295A at Blanket conflicts with Channel 294A at Cross
    Plains under the Commission's minimum distance separation
    requirements. The counterproposal also is mutually exclusive with
    *NPRM II* because the proposed substitution of Channel 284C3 at
    Llano conflicts with the allotment of Channel 284A at Bertram.
    Finally, the counterproposal is mutually exclusive with the
    *Cherokee Petition* because Channel 284C3 at Llano would be
    short-spaced to Channel 285A at Cherokee. Because MBPL's
    counterproposal was filed prior to the counterproposal deadlines in
    MB Dockets 04-348 and 04-407 and because the *Cherokee Petition* was
    also filed before these counterproposal deadlines, the
    *Counterproposal Public Notice* consolidated MB Dockets 04-348,
    04-407, and the *Cherokee Petition* and accepted MBPL's
    counterproposal and the *Cherokee Petitions* as counterproposals in
    this consolidated proceeding.

4.  MFHL requests approval to withdraw its counterproposal because it
    has determined that it can achieve its desired Station KHLE(FM)
    modification by means of a one-step application.[^11] Further, MFHL
    states that it has decided to withdraw its request for the allotment
    of Channel 293A to Granite Shoals due to market changes. MBPL and
    MFHL each submit sworn affidavits, stating that each has not or will
    not receive any consideration in return for the withdrawal of its
    proposal. Likewise, Crawford requests approval to withdraw his
    expressions of interest for Channel 294A at Cross Plains, Texas,
    Channel 285A at Cherokee, Texas, and Channel 284A at Bertram, Texas,
    because he has decided not to pursue stations in these communities
    at this time. He submits sworn affidavits, stating that he has not
    received or been promised any payment or other consideration in
    exchange for the dismissals

5.  We approve MFHL's and Crawford's withdrawal of their counterproposal
    and rulemaking petitions. The withdrawal of these FM allotment
    rulemaking proposals complies with Section 1.420(j)[^12] because
    MBPL, MFHL, and Crawford have documented that they have not or will
    not receive any consideration in exchange for the withdrawal of
    their petitions. Because no other expressions of interest were filed
    for Channel 294A at Cross Plains, Channel 284A at Bertram, Channel
    293A at Granite Shoals, and Channel 285A at Cherokee, we will not
    make these allotments.

6.  Accordingly, IT IS ORDERED, That the rulemaking petitions (RM-10718,
    RM-11106, and 11154) filed by Charles Crawford ARE DISMISSED

7.  IT IS FURTHER ORDERED, That the counterproposal (RM-11153) filed by
    Munbilla Broadcasting Properties, Ltd. IS DISMISSED.

8.  The Commission will send a copy of this *Report and Order* to John
    Joseph McVeigh, Esq., 16230 Falls Road, P.O. Box 128, Butler,
    Maryland 21023-0128 (Counsel to MBPL and MFHL); and Charles
    Crawford, 2215 Cedar Springs Rd., #1910, Dallas, Texas 75201.

9.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

10. For further information concerning this proceeding, contact
    Andrew J. Rhodes, Media Bureau, (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief

    Audio Division

    Media Bureau

[^1]: The communities of Granite Shoals, Llano, Junction, Blanket,
    Burnet, Kempner, Cherokee, and Bertram, Texas, have been added to
    the caption.

[^2]: *Cross Plains, Texas,* Notice of Proposed Rule Making, 19 FCC Rcd
    17452 (MB 2004) ("*NPRM I*").

[^3]: *Bertram, Texas,* Notice of Proposed Rule Making, 19 FCC Rcd 22010
    (MB 2004) ("*NPRM II*").

[^4]: The call letters for this station were changed from KHLB(FM) to
    KHLE(FM), effective October 1, 2005. We will refer to this station
    by its current call letters.

[^5]: RM-11154 ("*Cherokee Petition*").

[^6]: Report No. 2692 (rel*.* Feb. 3, 2005) ("*Counterproposal Public
    Notice*").

[^7]: These pleadings include (1) a Withdrawal of Counterproposal filed
    on January 14, 2008, by MBPL and Munbilla Fort Hood, Ltd. ("MFHL"),
    the successor in interest to MBPL pursuant to consummation of the
    transaction set forth in short-form assignment application (File No.
    BALH-20070719ABG); (2) three Requests for Approval of Withdrawal
    filed on March 3, 2008, by Crawford; and (3) Amended Sworn
    Affidavits filed on May 12, 2008, by Crawford in response to a staff
    request for additional information.

[^8]: *See* 47 C.F.R. § 73.207.

[^9]: This petition was filed by Crawford on July 16, 2004, and requests
    the allotment of Channel 285A to Cherokee (pop. 175) as a first
    local service.

[^10]: This rule permits the modification of a station's authorization
    to specify a new community of license without affording other
    interested parties an opportunity to file competing expressions of
    interest.

[^11]: *See* File No. BPH-20080114ABE.

[^12]: 47 C.F.R. § 1.420(j).