**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b) ) MM Docket No. 99-284

Table of Allotments, ) RM-9697

FM Broadcast Stations. )

(Galveston and Missouri City, Texas) )

FURTHER NOTICE OF PROPOSED RULE MAKING

Adopted: September 13, 2000 Released: September 15, 2000

Comment Date: November 7, 2000

Reply Comment Date: November 22, 2000

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it a [Notice of Proposed Rule
Making]{.underline} issued in response to a Petition for Rule Making
filed by KQQK License, Inc. ("KQQK License"), licensee of Station
KQQK-FM, Channel 293C, Galveston, Texas. 14 FCC Rcd 15406 (1999). KQQK
License filed Comments, Reply Comments, and Supplement to Reply
Comments. Tichenor License Corporation filed Comments. The
[Notice]{.underline} proposed the reallotment of Channel 293C from
Galveston to Missouri City, and modification of the Station KQQK license
to specify Missouri City as the community of license.

2\. KQQK License filed its request pursuant to Section 1.420(i) of the
Rules which permits the modification of a station authorization to
specify a new community of license without affording other interested
parties an opportunity to file a competing expression of interest.
[See]{.underline} [Modification of FM and TV Authorizations to Specify a
New Community of License]{.underline} ("[Change of
Community]{.underline}"), 4 FCC Rcd 4870 (1989); [recon]{.underline}.
g[ranted]{.underline} [in part]{.underline}, 5 FCC Rcd 7094 (1990). In
support of its proposal, KQQK License contended that the adoption of its
proposed reallotment would result in a preferential arrangement of
allotments by providing Missouri City with its first local transmission
service.[^1] This would not deprive Galveston of its sole local service
because FM Station KLTO and AM Stations KHCB and KGBC will continue to
be licensed to Galveston.

3\. On August 30, 2000, we adopted a [Report and Order]{.underline} in
MM Docket No. 99-26, DA 00-2057, released September 8, 2000, in which
adopted an earlier counterproposal filed by Tichenor License
Corporation. In that counterproposal, we substituted Channel 285C3 for
Channel 285A at Rosenberg, Texas, reallotted Channel 285C3 to Missouri
City, and modified the Station KOVA license to specify operation on
Channel 285C3 at Missouri City. In order to accommodate that upgrade and
reallotment, we also substituted Channel 287A for Channel 285A at
Galveston, reallotted Channel 287A to Crystal Beach, Texas, and modified
the Station KLTO license to specify operation on Channel 287A at Crystal
Beach. In light of that action, the KQQK License proposal will no longer
provide a first local service to Missouri City and will, in addition, be
removing the remaining local FM service at Galveston. In view of the
fact that the [Notice]{.underline} in this proceeding specifically
solicited comment on the KQQK License proposal as a first local service,
we are issuing this [Further Notice]{.underline} in order to afford KQQK
License and other interested parties the opportunity to comment upon a
proposed reallotment to Missouri City as a competitive service and
whether this proposal is consistent with the provisions of Section
1.420(i) of the Rules and the FM allotment priorities. We will not
entertain any counterproposals or competing expressions of interest for
the proposed Channel 293C allotment at Missouri City.

4\. Accordingly, we seek comments on the proposed amendment of the FM
Table of Allotments, Section 73.202(b) of the Commission's Rules, for
the community listed below, to read as follows:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Galveston, Texas 293C \-\-\-\-\-\--

Missouri City, Texas 287A 287A, 293C

5\. Interested parties may file comments on or before November 7, 2000,
and reply comments on or before November 22, 2000. Comments should be
filed with the Federal Communications Commission, Office of the
Secretary, 445 Twelfth Street, S.W.; TW-A325, Washington, D.C. 20554.
Additionally, a copy of such comments should be served on the
petitioners, or their counsel or consultant, as follows:

Lawrence Roberts

Mary L. Plantamura

c/o Davis Wright Tremaine

1155 Connecticut Ave., NW, Suite 700

Washington, D.C. 20036

6\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. [See]{.underline} [Certification that Sections
603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule
Making to Amend Sections 73.202(b),and 73.606(b) of the Commission\'s
Rules]{.underline}, 46 FR 11549, February 9, 1981.

7\. For further information concerning this proceeding, contact Robert
Hayne, Mass Media Bureau, (202) 418-2180. For purposes of this
restricted notice and comment rule making proceeding, members of the
public are advised that no [ex]{.underline} [parte]{.underline}
presentations are permitted from the time the Commission adopts a Notice
of Proposed Rule Making until the proceeding has been decided and such
decision is no longer subject to reconsideration by the Commission or
review by any court. An [ex]{.underline} [parte]{.underline}
presentation is not prohibited if specifically requested by the
Commission or staff for the clarification or adduction of evidence or
resolution of issues in the proceeding. However, any new written
information elicited from such a request or a summary of any new oral
information shall be served by the person making the presentation upon
the other parties to the proceeding unless the Commission specifically
waives this service requirement. Any comment which has not been served
on the petitioner constitutes an [ex]{.underline} [parte]{.underline}
presentation and shall not be considered in the proceeding. Any reply
comment which has not been served on the person(s) who filed the
comment, to which the reply is directed, constitutes an [ex]{.underline}
[parte]{.underline} presentation and shall not be considered in the
proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: In reaching such a determination, we compare the existing versus
    the proposed arrangement of allotments using the FM priorities set
    forth in [Revision of FM Assignment Policies and
    Procedures]{.underline}, 90 FCC 2d 88 (1988). These FM allotment
    priorities are: (1) First fulltime aural service; (2) Second
    fulltime aural service; (3) First local service; and (4) Other
    public interest matters. Co-equal weight is given to Priorities (2)
    and (3).