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 Federal  Communications  Commission  DA  03-  2625 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  169  Table  of  Allotments,  )  RM-  9953 
 FM  Broadcast  Stations.  )  RM-  10160  (Oswego  and  Granby,  New  York)  ) 


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  September  3,  2003  Released:  September  5,  2003 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  the  Report  and  Order  1  in  this  proceeding  that  granted  the  rulemaking  request  of  Galaxy  Communications,  L.  P.  (“  Galaxy”),  licensee  of  Station  WTKV(  FM),  Channel 
 288A,  Oswego,  New  York,  to  reallot  Channel  288A  from  Oswego  to  Granby,  New  York,  as  Granby’s  first  local  aural  transmission  service,  and  to  modify  Station  WTKV’s  license  to  specify  Granby  as  its 
 community  of  license.  In  addition,  the  Report  and  Order  considered  the  application  (File  No.  BPH-20001106ABG)  filed  by  Cram  Communications,  LLC,  the  former  licensee  of  Station  WWDG(  FM) 
 [formerly  Station  WXBB(  FM)],  DeRuyter,  NewYork,  on  a  comparative  basis  with  Galaxy’s  rulemaking  petition.  That  application  was  considered  because  it  was  mutually  exclusive  with  Galaxy’s  rulemaking 
 petition,  was  filed  by  the  comment  date  in  this  proceeding,  and  thus  constituted  a  timely-  filed  counterproposal  in  this  proceeding.  2  After  the  issuance  of  the  Notice  of  Proposed  Rule  Making  in  this 
 proceeding  and  prior  to  the  release  of  the  Report  and  Order,  Clear  Channel  Broadcasting  Licenses,  Inc.  (“  Clear  Channel”)  became  the  licensee  of  Station  WWDG(  FM).  Although  Galaxy’s  request  to  reallot 
 Channel  288A  to  Granby  was  granted,  Station  WWDG(  FM)  ’s  application  was  returned  to  the  Audio  Services  Division,  Mass  Media  Bureau,  for  further  action.  Clear  Channel  filed  a  petition  for 
 reconsideration  3  of  the  Report  and  Order,  to  which  Galaxy  filed  an  Opposition.  Clear  Channel  filed  a  reply  to  the  foregoing  opposition  pleading.  For  the  reasons  stated  below,  we  dismiss  Clear  Channel’s  petition  for 
 reconsideration  as  moot. 
 2.  The  Report  and  Order  returned  Clear  Channel’s  application  to  the  Audio  Services  Division,  Mass  Media  Bureau,  for  further  action  to  allow  Clear  Channel  an  opportunity  to  amend  its  application  in 
 such  a  manner  that  it  would  not  be  mutually  exclusive  with  the  new  allotment  of  Channel  288A  to  Granby  and  could  thus  be  granted.  Clear  Channel  did  not  amend  its  application,  but  filed  a  petition  for 
 reconsideration  of  the  Report  and  Order.  During  the  time  that  the  petition  for  reconsideration  was 


 1  Oswego  and  Granby,  New  York,  16  FCC  Rcd  16927  (M.  M.  Bur.  2001). 
 2  See  Conflicts  Between  Applications  and  Petitions  for  Rulemaking  to  Amend  the  FM  Table  of  Allotments,  7 
 FCC  Rcd  4917  (1992),  recon.  granted  in  part  and  denied  in  part,  8  FCC  Rcd  4743  (1993). 
 3  Clear  Channel  also  filed  a  motion  to  stay  the  effect  of  the  Report  and  Order  pending  disposition  of  its  petition 
 for  reconsideration,  to  which  Galaxy  filed  an  opposition.  Clear  Channel  filed  a  “Motion  to  Strike  Late-  Filed  Opposition  to  Motion  for  Stay.”  In  light  of  our  action  herein,  Clear  Channel’s  motion  for  stay  is  rendered  moot. 
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 Federal  Communications  Commission  DA  03-  2625 
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 pending,  the  Audio  Division’s  staff  found  that  Clear  Channel’s  application  was  short-  spaced  to  Station  WBBS(  FM),  Fulton,  New  York.  By  letter  dated  May  12,  2003,  the  Audio  Division  wrote  Clear  Channel  a 
 letter  requesting  an  amendment  to  rectify  this  violation  of  Section  73.207  of  the  Commission’s  Rules.  Clear  Channel  was  afforded  one  opportunity  to  amend  its  application,  and  the  corrective  amendment  was 
 due  no  later  than  30  days  after  May  12,  2003.  Because  the  staff  had  not  received  any  response  or  amendment  by  June  30,  2003,  the  staff  dismissed  Clear  Channel’s  application  for  Station  WWDG(  FM) 
 with  no  further  opportunity  for  amendment,  pursuant  to  Section  73.3564  of  the  Rules,  by  letter  dated  June  30,  2003.  The  dismissal  became  administratively  final  on  August  4,  2003.  In  this  light,  Clear  Channel’s 
 petition  for  reconsideration  of  our  Report  and  Order  has  been  rendered  moot. 
 3.  Accordingly,  IT  IS  ORDERED  That  the  petition  for  reconsideration  of  the  Report  and  Order  in  this  proceeding  filed  by  Clear  Channel  Broadcasting  Licenses,  Inc.  IS  DISMISSED  as  moot. 


 4.  IT  IS  FURTHER  ORDERED  That  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  the  above,  contact  R.  Barthen  Gorman,  Mass  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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