*Pages 1--2 from Microsoft Word - 18649.doc* Federal Communications Commission DA 02- 1373 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 02- 69 Table of Allotments, ) RM- 10157 FM Broadcast Stations. ) (Jennings and Iowa, Louisiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 5, 2002 Released: June 14, 2002 By the Assistant Chief, Audio Division: 1. In response to a petition filed by Apex Broadcasting, Inc. (“ Apex”), the Commission has before it for consideration the Notice of Proposed Rule Making, 17 FCC Rcd 5935 (2002), requesting the reallotment of Channel 225C2 from Jennings, Louisiana, to Iowa, Louisiana, and modification of the authorization for Station KJEF- FM accordingly. Apex filed comments in response to the Notice withdrawing its petition for rulemaking. No other comments were received in response to the Notice. 2. As stated in the Notice, a showing of continuing interest is required before a channel will be allotted. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. In this case, since Apex has stated that it no longer intends to pursue the reallotment of Channel 225C2 from Jennings to Iowa, Louisiana, 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. Apex filed its comments in compliance with Section 1.420( j) of the Commission’s Rules stating that it did not receive any consideration for the withdrawal of its Petition for Rule Making. 3. In view of the above, IT IS ORDERED, That the Petition for Rule Making filed by Apex Broadcasting, Inc. (RM- 10385), requesting the reallotment of Channel 225C2 to Iowa, Louisiana, IS DISMISSED. 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 1 Federal Communications Commission DA 02- 1373 2 5. For further information concerning this proceeding, contact Kathleen Scheuerle, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Office of Broadcast License Policy Media Bureau 2