*Pages 1--1 from  Microsoft Word - 24914.doc*
 Federal  Communications  Commission  DA  03-  367 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.202(  b),  FM  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Sutton,  Nebraska) 


 )  ) 
 )  ) 
 )  )  MB  Docket  No.  02-  125  RM-  10447 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  5,  2003  Released:  February  7,  2003 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  ,  issued  at  the  request  of  Sutton  Radio  Company  (“  Petitioner”),  requesting  the  allotment  of  Channel  278C2  at  Sutton,  Nebraska. 
 Petitioner  filed  comments  in  support  of  the  proposal,  reaffirming  its  intention  to  apply  for  the  channel,  if  allotted.  On  November  5,  2002,  Petitioner  filed  a  request  for  dismissal  of  its  petition.  2  No  other 
 comments  were  received. 
 2.  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.  Therefore,  we  will  grant  Petitioner’s  request  to  dismiss  the  instant  proposal. 
 3.  Accordingly,  IT  IS  ORDERED,  That  the  petition  for  rule  making  filed  by  Sutton  Radio  Company  IS  DISMISSED. 


 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  this  proceeding,  contact  Deborah  A.  Dupont,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 


 1  Sutton,  Nebraska,  17  FCC  Rcd  9557  (M.  Bur.  2002). 
 2  In  accordance  with  Section  1.420(  j)  of  the  Commission’s  Rules,  (47  C.  F.  R.  §  1.420(  j)),  a  principal  of  Sutton 
 Radio  Company  states  that  Petitioner  has  not  nor  will  not  receive,  either  directly  or  indirectly,  any  money  or  other  consideration  in  excess  of  legitimate  and  prudent  expenses  in  connection  with  the  dismissal  of  his  petition. 
1