**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202 (b), )

Table of Allotments, )

FM Broadcast Stations )

(Laredo, Texas) )

**MEMORANDUM OPINION AND ORDER**

**(Proceeding Terminated)**

**Adopted: August 23, 2000** **Released: September 1, 2000**

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it the Petition for
Reconsideration filed by Texas A&M International University ("Texas
International"), directed to the staff action returning its Petition for
Rule Making requesting the allotment of Channel 227A to Laredo, Texas,
and the reservation of that channel for noncommercial use. For the
reasons discussed below, we deny the Petition for Reconsideration.

2\. Our action returning Texas International's Petition for Rule Making
was premised upon two factors. First, Texas International's proposal was
unacceptable because its proposed facilities would not provide a 70 dBu
signal to all of Laredo as required by Section 73.315 of the
Commission's Rules. Second, it appeared that all of the noncommercial
educational channels in the reserved portion of the FM band (Channels
201 through 220) were precluded from use at Laredo by other existing FM
allotments. A more recent engineering review reveals that all but seven
of the reserved noncommercial educational channels are precluded by
domestic facilities or allotments. The remaining seven channels are not
available because of allocations in Mexico. In this light, Texas
International would be permitted to reserve an available commercial
channel in Laredo for use by a noncommercial educational station.
Nevertheless, any such use of a commercial channel by Texas
International must comply with the Commission's Rules governing the
utilization of commercial channels, including Section 73.315 of the
Rules.

3\. All noncommercial educational FM stations operating in the
commercial band (Channels 221 through 300), with the exception of Class
D stations, are subject to the same engineering rules, including Section
73.315 of the Commission's Rules, as commercial stations and must
provide the same engineering data required of commercial applicants.
[See]{.underline}, [e.g.]{.underline}, [Morbak
Communications]{.underline}, 5 FCC Rcd 2560 (Audio Services Div. 1990)
and [Sound of Life, Inc.]{.underline}, 4 FCC Rcd 8273 (Audio Services
Div. 1989). Texas International observes that Section 73.315(a) of the
Rules, which requires 70 dBu coverage of the entire principal community
to be served, has a note which states that the requirements of paragraph
(a) of Section 73.315 of the Rules do not apply to noncommercial
educational FM broadcast stations operating on reserved channels
(Channels 200 through 220). Texas International states its belief that
the relief accorded to stations operating on reserved channels should be
available to educational stations operating on commercial channels
(Channels 221 through 300). The Commission has not interpreted the note
to Section 73.315(a) in such a manner. The purpose of the note is to
clarify the fact that educational FM stations operating on reserved
channels do not have to comply with Section 73.315(a) of the Rules.
Nevertheless, as we have stated previously, educational stations
operating on commercial channels, with the exception of Class D
stations, must comply with the rules applicable to commercial FM
stations.

4\. A thorough review of Texas International's Petition for Rule Making
reveals that the proposal to allot Channel 227A to Laredo, Texas, will
not result in Laredo being encompassed with a 70 dBu signal, as required
by Section 73.315(a) of the Commission's Rules. Texas International's
proposed transmitter site is 32.9 kilometers (20.4 miles) north of
Laredo. The predicted distance for a 70 dBu signal transmitted by a
Class A FM station operating with maximum facilities,
[i.e.]{.underline}, 6 kilowatts of effective radiated power and 100
meters of antenna height above average terrain (HAAT), is 16.2
kilometers. [See]{.underline} Section 73.333 Figure 1 of the Rules. In
this light, there is no reason to believe that Texas International's
transmitter will provide a 70 dBu signal that will encompass Laredo, as
required by Section 73.315(a) of the Commission's Rules. We also observe
that Texas International's proposed transmitter site is so far away from
Laredo that it would not even provide a 60 dBu signal over the entire
community. In addition Texas International's proposed transmitter site
is short-spaced by 0.6 kilometers to a construction permit for Station
KBAW in Zapata, Texas, on Channel 228C3. In light of the foregoing, we
deny Texas International's Petition for Reconsideration of the staff
action returning Texas International's Petition for Rule Making.

5\. Accordingly, IT IS ORDERED That the aforementioned Petition for
Reconsideration filed by Texas A&M International University IS DENIED.

> 6\. IT IS FURTHER ORDERED That this proceeding IS TERMINATED.

7\. For further information concerning this proceeding, contact R.
Barthen Gorman, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau