*Pages 1--2 from  Microsoft Word - 13359.doc*
 Federal  Communications  Commission  DA  01-  2847 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  223 
 Table  of  Allotments,  )  RM-  10157 
 FM  Broadcast  Stations.  ) 
 (Crystal  Beach  and  ) 
 St  owell,  Texas)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  November  28,  2001  Released:  December  7,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  In  response  to  a  petition  filed  by  Tichenor  License  Corporation  (“  Tichenor”),  the  Commission 
 has  before  it  for  consideration  the  Notice  of  Proposed  Rule  Making,  16  FCC  Rcd  16326  (2001), 
 requesting  the  substitution  of  Channel  287C3  for  Channel  287A  and  reallotment  of  Channel  287C3 
 from  Crystal  Beach,  Texas,  to  Stowell,  Texas  and  modification  of  the  authorization  for  Station 
 KLTO(  FM)  accordingly.  1  Tichenor  filed  comments  in  response  to  the  Notice  in  this  proceeding. 


 2.  Although  Tichenor  initially  filed  comments  restating  is  support  of  Channel  287C3  at  Stowell, 
 on  November  28,  2001,  Tichenor  submitted  comments  withdrawing  its  interest  in  the  upgrade  and 
 reallotment  of  Station  KLTO(  FM)  from  Crystal  Beach  to  Stowell  stating  that  it  did  not  receive  any 
 consideration  for  the  withdrawal  of  its  expression  of  interest  for  Channel  287C3  at  Stowell  in 
 compliance  with  Section  1.420(  j)  of  the  Commission’s  Rules.  As  stated  In  the  Notice,  a  showing  of 
 cont  inuing  int  erest  is  required  before  a  channel  will  be  allot  t  ed.  It  is  t  he  Commission's  policy  t  o 
 refrain  from  making  an  allotment  to  a  community  absent  an  expression  of  interest.  In  this  case,  since 
 Tichenor  has  stated  that  it  no  longer  intends  to  pursue  an  allotment  at  Stowell,  we  shall  dismiss  the 
 proposal.  See,  e.  g.,  Joshua  Tree,  California,  4  FCC  Rcd  3801  (1989),  Bridport,  Vermont,  5  FCC 
 Rcd  6172  (1990),  and  paragraph  2  of  the  Appendix  to  the  Notice. 


 3.  In  view  of  the  above,  IT  IS  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  Tichenor 
 License  Corporation  (RM-  10157),  requesting  the  substitution  of  Channel  287C3  for  Channel  287A 


 1  Action  in  MM  Docket  No.  99-  26  substituted  Channel  287A  for  Channel  285A  at  Galveston,  Texas,  modifided 
 the  license  for  Station  KLTO(  FM)  and  reallotted  Station  KLTO(  FM)  from  Galveston,  Texas,  to  Crystal  Beach, 
 Texas.  See  15  FCC  Rcd  17311  (2000).  Tichenor  has  a  construction  permit  for  station  KLTO(  FM)  at  Crystal 
 Beach  (BPH-  20010214ACH). 
1
 Federal  Communications  Commission  DA  01-  2847 
 2 
 at  Crystal  Beach  and  reallotment  of  Channel  2873  to  Stowell,  Texas,  IS  DISMISSED. 
 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Mass  Media 
 Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
2