**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) )

Amendment of Section 73.202(b), ) MM Docket No. 99-287

Table of Allotments, ) RM-9712

FM Broadcast Stations. )

(Sulphur Bluff, Texas) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: May 31, 2000 Released: June 9, 2000**

By the Chief, Allocations Branch:

1\. In response to a Petition for Rule Making filed by Sulphur Bluff
Radio Broadcasting ("Sulphur Bluff Radio"), the Commission has before it
for consideration the [Notice of Proposed Rule Making]{.underline}, 14
FCC Rcd 15417 (1999), seeking the allotment of Channel 259A at Sulphur
Bluff, Texas. Sulphur Bluff Radio filed comments reiterating its
intention to apply for Channel 259A at Sulphur Bluff, Texas. No other
comments were received in response to the [Notice]{.underline}.

2\. The [Notice]{.underline} was issued in response to Sulphur Bluff
Radio's proposal to provide a first local broadcast service to the
community of Sulphur Bluff, Texas. In view of Sulphur Bluff's small
size, Sulphur Bluff Radio was requested to provide additional
information that Sulphur Bluff is a *bona fide* community, as that term
is defined for purposes of Section 307(b) of the Communications Act of
1934, as amended, for allotment purposes. The [Notice]{.underline}
stated that Sulphur Bluff is a community located in Hopkins County with
its own zip code (75481) and post office and that the [1998 Rand McNally
Commercial Atlas and Marketing Guide]{.underline} shows a population of
200 people for Sulphur Bluff. In response to the [Notice]{.underline},
Sulphur Bluff Radio providing the following information. Sulphur Bluff
has its own school district and according to comments, the local post
office dates back to May 12, 1846. Sulphur Bluff has three local
churches, Sulphur Bluff Assembly of God, Sulphur Bluff Methodist Church,
and Sulphur Bluff Baptist Church. Commercial business establishments
include a gas station, Dorner's Grocery and Albert's Gun Shop. Sulphur
Bluff Radio points out that Sulphur Bluff has a volunteer fire
department, the Masonic Lodge of Sulphur Bluff, two local ball fields
and a Community Center. Sulphur Bluff Postmaster Baker noted that a
sense of community derives from the fact that there is no other nearby
town to serve the needs of area rachers and dairy farmers and that the
community of Sulphur Bluff also provides postal services to nearby towns
that do not have a local post office. She also notes that residents of
Sulphur Bluff actively support both the Sulphur Bluff School activities
and the Sulphur Bluff Volunteer Fire Department. Sulphur Bluff Radio
argues that although Sulphur Bluff is a small town, it has the community
characteristics that the Commission equates with community status for
allotment purposes and is deserving of an FM allotment.

3\. We believe the public interest would be served by the allotment of
an FM channel at Sulphur Bluff, Texas, providing the community with its
first local broadcast service. We further believe that Sulphur Bluff
Radio has provided sufficient information to conclude that Sulphur Bluff
contains sufficient indicia to conclude that it is a community for
allotment purposes. Channel 259A can be allotted to Sulphur Bluff,
Texas, in compliance with the Commission\'s spacing requirements with a
site restriction 2.7 kilometers (1.7 miles) northeast of the
community.[^1]

4\. 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 July 24, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED for
the community listed below, as follows:

Community Channel Number

Sulphur Bluff, Texas 259A

5\. A filing window for Channel 259A, Sulphur Bluff, Texas, will not be
opened at this time. Instead, the issue of opening a filing window for
the channel will be addressed by the Commission in a subsequent order.

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

7\. For further information concerning this proceeding, contact Kathleen
Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the
application filing process for Channel 259A at Sulphur Bluff, Texas,
should be addressed to the Audio Services Division, Mass Media Bureau,
(202) 418-2700.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: ^?^ The coordinates for Channel 259A at Sulphur Bluff are 33-23-03
    NL and 95-22-59 WL.