**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-344

Table of Allotments, ) RM-9709

FM Broadcast Stations. )

(Lampasas and Leander, Texas ) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: March 29, 2000 Released: April 7, 2000**

By the Chief, Allocations Branch:

1\. In response to a Petition for Rule Making filed by Shamrock
Communications, Inc. ("Shamrock"), the Commission has before it for
consideration the [Notice of Proposed Rule Making]{.underline}, 14 FCC
Rcd 2145 (1999), requesting the reallotment of Channel 255C1 from
Lampasas, Texas, to Leander, Texas, and modification of the license for
Station KJFK to specify Leander as the community of license. Shamrock
filed supporting comments in which it stated its intention to file an
application for Channel 255C1 at Leander. No other comments were
received in response to the [Notice]{.underline} in this proceeding.

2\. Based upon the information presented in this proceeding, we believe
the public interest would be served by reallotting Channel 255C1 from
Lampasas, Texas, to Leander, Texas, since it would result in a
preferential arrangement of allotments pursuant to the Commission\'s
Change of Community procedures. [See]{.underline} [Modification of FM
and TV Authorizations to Specify a New Community of
License]{.underline}, 4 FCC Rcd 4870 (1989), [recon. granted in
part]{.underline} [(\"Change of Community MO&O\")]{.underline}, 5 FCC
Rcd 7094 (1990). As stated in the [Notice]{.underline}, Leander is an
independent community, separate from the Austin, Texas metro area,
having its own post office and zip code and its own school district, The
Leander Independent School District. Leander has its own city
government, police and fire departments, municipal court, water
treatment facility, library and chamber of commerce. Many businesses
identify themselves as being part of the community such as the Leander
Animal Clinic, Leander Autoworks, Leander Grocery, Leander Real Estate
and Leander Pharmacy as well as five churches that identify themselves
as being part of Leander. Shamrock called our attention to the fact that
Leander is located in Williamson County, 37 kilometers from downtown
Austin and 18 kilometers from the Austin city line at its nearest point.
Although not required, Shamrock provided a [Tuck]{.underline} showing in
its Petition for rule Making demonstrating Leander's status as community
independent of an urbanized area.[^1] A staff engineering analysis shows
that Station KJFK already covers approximately 45% of the city of Austin
and 70% of the Killeen, Texas Urbanized Areas with 70 dBu coverage from
its current licensed site at Lampasas. Station KJFK will not be moving
into the urbanized areas as it currently serves both Urbanized Areas
from its licensed site at Lampasas and is the same site utilized for the
proposed change of community.[^2] Leander would receive its first local
service thus fulfiling allotment priority (3) of the Commission\'s
allotment priorities.[^3] This action will not deprive Lampasas of local
service as Station KCYL(AM) is licensed to Lampasas. Retention of
Channel 255C1 in Lampasas would be considered under priority (4), other
public interest matters.

3\. The reallotment proposal is consistent with the requirements set
forth in [Change of Community]{.underline}, [supra]{.underline}. As
stated in the [Notice]{.underline}, there will be no decline in service
area or number of listeners reached because Station KJFK does not intend
to change its transmitter location. Station KJFK will continue to
provide a city-grade signal to the residents of Lampasas without
disruption. Further, our analysis indicates that the reallotment will
not remove service from a rural area to serve an urban area as Leander
is not located within a U.S. Census Urbanized Area.

4\. Channel 255C1 can be allotted to Leander, Texas, in compliance with
the Commission\'s minimum distance separation requirements at Shamrock's
specified site.[^4] In accordance with Section 1.420(i) of the
Commission\'s Rules, we will modify the license for Station KJFK to
specify operation on Channel 255C1 at Leander, Texas, as its new
community of license.

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 May 22, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED for
the communities listed below, as follows:

Community Channel Number

Lampasas, Texas \-\-\-\-\-\-\-\-\-\--

Leander, Texas 255C1

6\. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Shamrock
Communications, Inc. for Station KJFK, Channel 255C1, Lampasas, Texas,
IS MODIFIED to specify operation on Channel 255C1 at Leander, Texas,
subject to the following conditions:

\(a\) Nothing contained herein shall be construed as

authorizing any change in license BMLH-19930621KA

except for the community as specified above. Any

changes, except those specified, require prior authori-

zation pursuant to an application for construction

permit. (FCC Form 301).

\(b\) Program tests may be conducted in accordance

with the provisions of Section 73.1620 of the Rules,

PROVIDED the transmission facilities comply in all

respects with license BMLH-19930621KA except for the

community as specified above, and a license applica-

tion (Form 302) is filed within 10 days of commencement

of program tests.

7\. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any
party seeking a change in community of license of an FM or television
allotment or an upgrade of an existing FM allotment, IF THE REQUEST IS
GRANTED, must submit a rule making fee when filing its application to
implement the change in community of license and/or upgrade. As a result
of this proceeding, Shamrock Communications, Inc., licensee of Station
KJFK, is required to submit a rule making fee in addition to the fee
required for the application to effect the change in community of
license from Lampasas, Texas to Leander, Texas.

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

9\. For further information concerning this proceeding, contact Kathleen
Scheuerle, Mass Media Bureau, (202) 418-2180. Questions relating to the
application filing process 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]: [See]{.underline} [RKO General (KFRC)]{.underline}, 5 FCC Rcd 3222
    (1990) and [Faye and Richard Tuck]{.underline}, 3 FCC Rcd 5374
    (1988). Under [Tuck]{.underline}, the Commission considers evidence
    under three factors to determine whether a suburban community
    deserves a first local service preference: (1) signal population
    coverage; (2) size and proximity of the suburban community relative
    to the adjacent community; and (3) the interdependence of the
    suburban community with the central city.

[^2]: If a station requests to change its community of license to one
    that is outside an urbanized area but whose signal would place a
    city grade, 70 dBu signal, over 50% or more of an Urbanized Area,
    the proponent is required to provide the same showings as currently
    required for those parties seeking to move to a community within an
    Urbanized Area. [See]{.underline} [Headland, Alabama and
    Chattahoochee, Florida]{.underline}, 10 FCC Rcd 10352 (1995).

[^3]: ^?^ The FM allotment priorities are: (1) First full-time aural
    service; (2) Second full-time service; (3) First local service; and
    (4) Other public interest matters. \[Co-equal weight is given to
    priorities (2) and (3).\] [See]{.underline} [Revision of FM
    Assignment Policies and Procedures]{.underline}, 90 FCC Rcd 29 88
    (1982).

[^4]: ^?^ The coordinates for Channel 255C1 at Leander are 30-43-34 and
    97-59-23. Although Leander is located within 320 kilometers of the
    U.S.-Mexican border, concurrence of the Mexican Government for the
    reallotment of Channel 255C1 from Lampasas to Leander was not
    required since Station KJFK is not changing its assigned channel of
    operation or relocating its transmitter site. The Mexican Government
    will be advised of the change to the FM Table of Allotments.