Radio Broadcasting Services; Cotulla and Dilley, TX

The Audio Division, at the request of IH-35 Broadcasters, allots Channel 264A to Cotulla, Texas, as the community's third local FM service. In order to accommodate the allotment at Cotulla, the Audio Division substitutes Channel 229A for vacant Channel 264A at Dilley, Texas. See 68 FR 7963, February 19, 2003. Channel 264A can be allotted to Cotulla, Texas, consistent with the minimum distance separation requirement of the Commission's rules at city reference coordinates. The reference coordinates for Channel 264A at Cotulla are 28-26-12 north latitude and 99-14-05 west longitude. Although concurrence has been requested for Channel 264A at Cotulla, notification has not been received. If a construction permit is granted prior to the receipt of formal concurrence in the allotment by the Mexican government, the construction permit will include the following condition: "Operation with the facilities specified for Cotulla 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." Additionally, Channel 229A can be allotted to Dilley, Texas, consistent with the minimum distance separation requirements of the Commission's rules, provided there is a site restriction 6.3 kilometers (3.9 miles) south of the community. The reference coordinates for Channel 229A at Dilley are 28- 36-56 north latitude and 99-10-48 west longitude. Although concurrence has been requested for Channel 229A at Dilley, notification has not been received. If a construction permit is granted prior to the receipt of formal concurrence in the allotment by the Mexican government, the construction permit will include the following condition: "Operation with the facilities specified for Dilley 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 Broad