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 Federal  Communications  Commission  DA  02-  495 
 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.  (Littlefield,  Arizona) 


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 MM  Docket  No.  99-  282  RM-  9710 


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  20,  2002  Released:  March  1,  2002 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  an  application  for  review  of  a  Memorandum  Opinion  and  Order  (“  MO&  O”),  1  DA  00-  2483,  in  the  above  captioned  proceeding,  filed  by  Mountain 
 West  Broadcasting  (“  Mountain  West”),  an  opposition  filed  by  Death  Valley  Broadcasters;  and  a  reply  filed  by  Mountain  West. 


 2.  Initially,  the  Report  and  Order  2  in  this  proceeding  denied  Mountain  West’s  rulemaking  petition  to  allot  Channel  265C  to  Littlefield,  Arizona,  because  the  petitioner  had  not  demonstrated  that 
 Littlefield  is  a  community  for  allotment  purposes.  Mountain  West  filed  a  petition  for  reconsideration  of  the  R&  O  that  was  denied  in  the  MO&  O.  Thereafter,  Mountain  West  filed  the  above  referenced 
 application  for  review. 
 3.  On  January  8,  2002,  Mountain  West  filed  a  request  to  dismiss  its  application  for  review,  stating  that  it  no  longer  has  an  interest  in  the  allotment  of  Channel  265C  to  Littlefield,  Arizona.  Therein, 


 Mountain  West  also  submitted  an  affidavit  of  its  principal  and  owner,  Victor  Michael,  declaring  that  Mountain  West  has  not  been  paid  or  promised  any  consideration  for  dismissal  of  its  expression  of  interest 
 in  the  proposed  Littlefield  allotment. 
 4.  Since  the  withdrawal  of  the  application  of  review  and  the  expression  of  interest  in  the  proposed  Littlefield  allotment  complies  with  Section  1.420(  j)  of  the  Commission’s  Rules,  3  we  will 


 approve  the  request  for  withdrawal. 


 1  15  FCC  Rcd  21547  (Allocations  Br.  2000). 
 2  15  FCC  Rcd  10263  (Allocations  Br.  2000). 
 3  Section  1.420(  j)  provides  that  a  party  seeking  to  withdraw  an  expression  of  interest  in  an  FM  or  television 
 allotment  proceeding  must  disclose  whether  any  financial  consideration  was  paid  or  promised  in  exchange  for  the  withdrawal,  must  provide  a  copy  of  any  such  agreement,  and  demonstrate  that  any  consideration  does  not  exceed  the 


 legitimate  and  prudent  expenses  of  the  party  withdrawing  its  expression  of  interest. 
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 Federal  Communications  Commission  DA  02-  495 
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 5.  Accordingly,  IT  IS  ORDERED,  That  the  Application  for  Review  filed  by  Mountain  West  Broadcasting  IS  DISMISSED. 
 6.  For  further  information,  contact  Andrew  J.  Rhodes,  Mass  Media  Bureau,  at  (202)  418-  2120. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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