Radio Broadcasting Services; Mason, TX

The Notice of Proposed Rule Making in this proceeding considered a petition filed by Charles Crawford requesting the allotment of Channel 249C3 at Mason, Texas and a petition filed by Katherine Pyeatt requesting the allotment of Channel 269C3 at Mason, Texas. See 66 FR 35768, July 9, 2001. In response to the proposal filed by Katherine Pyeatt, this document allots Channel 269C3 at Mason, Texas, at coordinates 30-45-00 and 99-10-41. There is a site restriction 5.7 kilometers (3.6 miles) east of the community. Mexican concurrence has been requested for this allotment but notification has not been received. Therefore, operation with the facilities specified for Mason herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement or if specifically objected to by Mexico. Due to a lapse in the Commission's data base which failed to disclose a short spacing with a proposal to allot Channel 249C1 at Converse, Texas, in MM Docket 00-148, we will dismiss the proposal to allot Channel 249C3 at Mason, Texas. With this action, this proceeding is terminated. A filing window for Channel 269C3 at Mason will not be opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order.