**Before the**

Federal Communications Commission

**Washington, DC 20554**

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| In the Matter of                 | * | MB Docket No. 07-279         |
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| Amendment of Section 73.202(b),  | ) | RM-11411                     |
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| FM Table of Allotments,          | * | RM-11422                     |
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| FM Broadcast Stations.           | * | RM-11423                     |
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| Buffalo, Iola, Normangee, and    | ) |                              |
| Madisonville,                    | * |                              |
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| Texas                            |   |                              |
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order

**Adopted: October 24, 2008 Released: October 27, 2008**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division, on its own motion, hereby sets aside the *Report
    and Order*[^1] in this proceeding pursuant to Section 1.113(a) of
    the Commission's Rules[^2] and provides interested parties with the
    opportunity to file competing expressions of interest in FM Channel
    299C3, Madisonville, Texas, in compliance with Section 1.420(g) of
    the Commission's Rules.[^3]

2.  The *R&O* granted a counterproposal (RM-11423) to allot FM Channel
    267A at Normangee, Texas. To accommodate this new allotment, the
    *R&O* substituted Channel 299C3 for Channel 267A as the reserved
    assignment for Station KKLB(FM), Madisonville, Texas, in the Media
    Bureau's Consolidated Data Base System, pursuant to Section 1.420(g)
    of the Commission's Rules. The *R&O* also denied, on a comparative
    basis, a counterproposal (RM-11422) to allot Channel 299A to
    Buffalo, Texas, and denied a rulemaking petition (RM-11411) to allot
    Channel 299A at Iola, Texas, because no continuing expression of
    interest in that proposed allotment was filed.

3.  Although a *Public Notice*[^4] was issued in this proceeding,
    announcing the filing of the two counterproposals and providing a
    15-day period for filing reply comments to these counterproposals,
    the *Public Notice* did not, with respect to RM-11423, solicit
    competing expressions of interest for upgraded, non-adjacent Channel
    299C3 at Madisonville. Therefore, we set aside the *R&O* in order to
    comply with Section 1.420(g). Parties may file competing expressions
    of interest in Channel 299C3 at Madisonville, Texas, within 15 days
    from the release date of this *Order*.[^5]

4.  ACCORDINGLY, IT IS ORDERED, That our action in the *Report and
    Order* IS SET ASIDE pursuant to Section 1.113(a) of the Commission's
    Rules.

5.  IT IS FURTHER ORDERED, That interested parties may file expressions
    of interest in Channel 299C3, Madisonville, Texas, with 15 days from
    the release of this *Order.*

6.  IT IS FURTHER ORDERED, That a copy of this *Order* be sent by
    Certified Mail, Return Receipt Requested, to Charles Crawford, 4553
    Bordeaux Ave., Dallas, Texas 75205 (Petitioner in RM-11411); Gene A.
    Bechtel, Esq., Law Office of Gene Bechtel, 1050 17^th^ Street, N.W.,
    Suite 600, Washington, D.C. 20036; Robert J. Buenzle, Law Offices of
    Robert J. Buenzle, 11710 Plaza America Drive, Suite 2000, Reston,
    Virginia 20190 (Counsel to Roy E. Henderson, Counterproponent in
    RM-11422); and Katherine Pyeatt, 2215 Cedar Springs Road, #1910,
    Dallas, Texas 75201 (Counterproponent in RM-11423).

7.  For further information concerning this proceeding, contact
    Andrew J. Rhodes, Media Bureau, (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief

    Audio Division

    Media Bureau

[^1]: *Buffalo, Iola, Normangee, and Madisonville, Texas,* Report and
    Order, DA 08-2267 (rel. Oct. 10, 2008) ("*R&O*").

[^2]: 47 C.F.R. § 113(a) (providing the staff with the discretion to set
    aside an action taken under delegated authority within 30 days of
    public notice of that action).

[^3]: 47 C.F.R. §1.420(g) (permitting, in the course of a rulemaking
    proceeding, the modification of the license or permit of an FM
    station in the non-reserved FM band to a non-adjacent channel in the
    same community provided that there is no other timely filed
    expression of interest in the non-adjacent channel).

[^4]: Report No. 2859 (rel. Apr. 2, 2008).

[^5]: The reference coordinates for Channel 229C3 at Madisonville,
    Texas, are 30-53-45 NL and 96-04-31 WL.