**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MM Docket No. 01-47          |
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| Amendment of Section 73.202(b),  | ** | RM-10063                     |
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| Table of Allotments,             | *  | RM-10119                     |
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| FM Broadcast Stations.           | ** | RM-10120                     |
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| (Valley Mills, Teague, Brady,    | *  |                              |
| Hico, Meridian,                  | *) |                              |
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| San Saba, Richland Springs,      |    |                              |
| Texas )[^1]                      | *  |                              |
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**ORDER TO SHOW CAUSE**

**Adopted: June 8, 2004 Released: June 10, 2004**

**Comment Date: July 19, 2004**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it a counterproposal jointly filed by
Roy E. Henderson, licensee of Station KBAL-FM, San Saba, Texas and Pecan
Bayou Radio, requesting the allotment of Channel 291A to Richland
Springs, Texas, as its second local aural transmission service, which
requires the substitution of Channel 237A for Channel 291A at San Saba,
Texas, and the modification of the license of Station KBAL-FM to reflect
this change, to which the licensee, Roy E. Henderson has consented.
Additionally, the counterproposal requests the allotment of Channel 285A
at Hico, Texas, as its first local service and the substitution of
Channel 237A for vacant Channel 285A at Meridian, Texas to accommodate
the proposed allotment at Hico. This counterproposal was timely filed
following the release of the *Notice of Proposed Rule Making*
(*"Notice")* in this proceeding.[^2] In order to accommodate the
allotment at Richland Springs, the counterproposal requests the
substitution of Channel 296A for Channel 237A at Brady, Texas, and the
modification of the license for Station KNEL-FM accordingly. For the
reasons discussed below, we are issuing this *Order to Show Cause*
directed to Farris Broadcasting, Inc. (*"*Farris Broadcasting*"*), the
licensee of Station KNEL-FM.

2\. In order to proceed with our analysis, we must first issue this
*Order to Show Cause* directed to Farris Broadcasting to show cause why
its Station KNEL-FM license should not be modified to specify operation
on Channel 296A in lieu of Channel 237A at Brady. Section 316(a) of the
Communications Act of 1934, as amended, permits us to modify the license
or construction permit if such action is in the public interest. Section
316(a) requires that we notify the affected station of the proposed
action, the public interest reasons for the action, and afford at least
30 days to respond. This procedure is now set forth in Section 1.87 of
the Commission's Rules.[^3] The substitution of Channel 296A for Channel
237A at Brady, would accommodate the proposed allotment of Channel 291A
at Richland Springs. We consider this allotment at Richland Springs to
have sufficient public interest benefits to justify the issuance of a
show cause order since it could provide that community with its second
local aural transmission service.

3\. The license of Station KNEL-FM at Brady, Texas can be modified to
specify operation on Channel 296A at its current authorized transmitter
site (BPH-19790806AP).[^4] The Pecan Bayou Radio has agreed to reimburse
Farris Broadcasting for the reasonable costs incurred in connection with
the proposed change of Station KNEL-FM channel.

4\. Accordingly, IT IS ORDERED, That pursuant to Section 316(a) of the
Communication Act of 1934, as amended, Farris Broadcasting, Inc.,
licensee of Station KNEL-FM, Brady, Texas, SHALL SHOW CAUSE why its
license should not be modified to specify operation on Channel 296A in
lieu of Channel 237A.

5\. Pursuant to Section 1.87 of the Communications Rules, Farris
Broadcasting may, no later than July 26, 2004, file a written statement
showing with particularity why its construction permit should not be
modified as proposed in this *Order* *to Show Cause*. The Commission may
call upon the licensee to furnish additional information. If the
licensee raises any substantial and material questions of fact, a
hearing may be required to resolve such questions of fact pursuant to
Section 1.87 of the Rules. Upon review of the statements and/or
additional information furnished, the Commission may grant the
modification, deny the modification, or set the matter of modification
for hearing. If no written statement is filed by the date referred to
above, the licensee will be deemed to have consented to a modification
as proposed in this *Order to Show Cause* and a final Order will be
issued if the modification is found to be in the public interest.

6\. IT IS FURTHER ORDERED, that a copy of this *Order to Show Cause*
shall be sent BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the
following:

Farris Broadcasting, Inc. Farris Broadcasting, Inc.

James L. Oyster, Counsel Licensee of Station KNEL-FM

Law Offices James L. Oyster P.O. Box 630

108 Oyster Lane Brady, Texas 76825

Castleton, Virginia 22716-9720

7\. For further information concerning this proceeding, contact Rolanda
F. Smith, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief, Audio Division

Media Bureau

[^1]: Teague, Brady, Hico, Meridian, San Saba, Richland Springs, Texas
    have been added to the caption. *See Public Notice*, Report No.
    2488, released June 1, 2001.

[^2]: *See* *Valley Mills, Texas,* 16 FCC Rcd 3522 (MMB 2001).

[^3]: *See Modification of FM and Television Licenses Pursuant to
    Section 316 of the Communications Act*, 2 FCC Rcd 3327 (1987).

[^4]: The site coordinates for Channel 296A at Brady, Texas are 31-7-27
    NL and 99-21-34 WL.