**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 01-142

Table of Allotments, ) RM-10144

FM Broadcast Stations. )

(Comfort, Texas ) )

**ORDER WITHDRAWING NOTICE OF PROPOSED RULE MAKING**

**(Proceeding Terminated)**

**Adopted: July 25, 2001 Released: August 3, 2001**

By the Chief, Allocations Branch:

1\. On June 20, 2001, the Commission adopted the [Notice of Proposed
Rule Making]{.underline}, DA No. 01-1540, 66 FR 35925 (July 10, 2001),
proposing the allotment of Channel 291A at Comfort, Texas, as the
community's second local FM broadcast service, in response to a petition
filed by Charles Crawford ("Crawford"). The [Notice]{.underline}
requested that comments be filed by August 20, 2001 and reply comments
by September 4, 2001.

2\. The [Notice]{.underline} indicates that the allotment of Channel
291A at Comfort, Texas, at coordinates 29-58-06 and 98-54-54, can be
allotted to the community in compliance with the Commission's spacing
requirements. However, due to a lapse in Commission records, the
allotment for Channel 291A at Kerrville, Texas, at coordinates 30-01-54
and 99-09-01, did not appear in the data base at the time Crawford's
petition for Comfort was filed.[^1] According to a staff engineering
analysis, Channel 291A cannot be allotted to both Kerrville and Comfort
as the communities are located approximately 93 kilometers apart.[^2]
The Commission's Rules stipulate a minimum distance separation of 115
kilometers for co-channel Class A allotments. Our analysis further
indicates that

there are no alternate channels available for allotment at Comfort.
Therefore, we are withdrawing the [Notice]{.underline} in this
proceeding.

3\. IT IS ORDERED, That the Secretary Shall Send by Certified Mail,
Return Receipt Requested, a copy of this [Order Withdrawing Notice of
Proposed Rule Making]{.underline} to the petitioner as follows: Charles
Crawford, 4553 Bordeaux Avenue, Dallas, Texas 75205.

4\. Accordingly, IT IS FURTHER ORDERED, That the [Notice of Proposed
Rule Making]{.underline} in MM Docket No. 01-142 IS HEREBY WITHDRAWN.

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

> 6\. For further information concerning this proceeding, contact
> Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: Channel 291A was allotted to Kerrville, Texas, in MM Docket No.
    97-244, 14 FCC Rcd 9146 (1999). In MM Docket No. 99-357, 15 FCC Rcd
    9179 (2000), the coordinates for Channel 291A were revised to
    specify 30-01-54 and 99-09-01.

[^2]: ^?^ Channel 291A at Kerrville, Texas, is listed in the
    Commission's Public Notice, DA 00-2232, September 29, 2000,
    announcing an auction scheduled for February 21, 2001, which was
    rescheduled from February 21, 2001 to May 9, 2001 (Public Notice
    released February 21, 2001, DA 01-448). On March 7, 2001, the
    auction was rescheduled from May 9, 2001 to December 5, 2001, for
    reasons of administrative convenience (Public Notice DA 01-619).