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 Federal  Communications  Commission  DA  04-  1079 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  01-  115  Table  of  Allotments,  )  RM-  10129 
 FM  Broadcast  Stations.  )  RM-  10325  (Au  Gres,  Frankfort,  Alpena,  Beaverton,  ) 
 Cheboygan  and  Standish,  Michigan)  1  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  April  22,  2004  Released:  April  27,  2004 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  At  the  request  of  Au  Gres  Broadcasting  Company  (“  Petitioner”),  the  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  2  proposing  the  allotment  Channel  295A  at  Au  Gres,  Michigan,  as  the 
 community’s  first  local  aural  transmission  service  (RM-  10129).  Petitioner  filed  comments  in  support  of  the  proposal  reaffirming  its  intention  to  apply  for  the  channel,  if  allotted.  A  counterproposal  and 
 supplement  were  jointly  filed  by  Crystal  Clear  Communications,  Inc.,  then  licensee  of  Station  WBNZ(  FM),  Frankfort,  Michigan,  and  Fort  Bend  Broadcasting  Company  (“  Fort  Bend”)  (collectively, 
 “Joint  Proponents”),  the  current  licensee  of  Station  WBNZ(  FM),  3  proposing  the  upgrade  of  Channel  257C2  to  Channel  257C1  at  Frankfort,  Michigan,  and  the  modification  of  Station  WBNZ(  FM)  ’s  license 
 accordingly.  To  accommodate  the  upgrade,  Joint  Proponents  also  proposed  (a)  the  substitution  of  Channel  249C2  for  Channel  257C2  at  Alpena,  Michigan,  and  the  modification  of  Station  WATZ(  FM)  ’s 
 license  accordingly;  (b)  the  substitution  of  Channel  246A  for  Channel  249A  at  Beaverton,  Michigan,  and  the  modification  of  Station  WMRX(  FM)  ’s  license  accordingly;  (c)  the  substitution  of  Channel  295A  for 
 Channel  245A  at  Standish,  Michigan,  and  the  modification  of  Station  WWCM(  FM)  ’s  license  accordingly;  and  (d)  the  substitution  of  Channel  271C3  for  Channel  249C3  at  Cheboygan,  Michigan, 
 proposed  in  MM  Docket  No.  00-  69  (RM-  10325)  4  .  Reply  comments  to  the  counterproposal  were  filed  by 
 1  The  communities  of  Frankfort,  Alpena,  Beaverton,  Cheboygan  and  Standish,  Michigan,  have  been  added  to  the 
 caption. 
 2  Au  Gres,  Michigan,  16  FCC  Rcd  11103  (2001). 


 3  The  license  of  Station  WBNZ(  FM)  was  assigned  to  Fort  Bend  Broadcasting  Company  on  August  7,  2001,  and 
 consummated  on  October  10,  2001. 
 4  The  counterproposal  was  placed  on  Public  Notice  on  October  23,  2001,  Report  No.  2506  (RM-  10325). 
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 Federal  Communications  Commission  DA  04-  1079 
 Petitioner,  Fort  Bend,  WATZ  Radio,  Inc.  (“  WATZ  Radio”)  and  Northern  Radio  of  Michigan  (“  Northern  Radio”).  Fort  Bend  filed  an  erratum  to  its  reply  comments.  A  Motion  to  Strike  was  filed  by  Fort  Bend. 


 Oppositions  to  the  Motion  to  Strike  were  filed  by  WATZ  Radio  and  Northern  Radio. 
 2.  A  showing  of  continuing  interest  is  required  before  a  channel  will  be  allotted.  Petitioner  and  Fort  Bend  filed  motions  to  withdraw  their  respective  petitions  on  December  30,  2002.  5  It  is  the  Commission’s 
 policy  to  refrain  from  making  an  allotment  to  a  community  absent  an  expression  of  interest.  Therefore,  we  are  dismissing  the  petition  of  Au  Gres  Broadcasting  Company  and  the  counterproposal  of  Fort  Bend 
 Broadcasting  Company,  as  requested. 
 3.  IT  IS  ORDERED,  That  the  petition  for  rule  making  filed  by  Au  Gres  Broadcasting  Company,  IS  DISMISSED  (RM-  10129). 


 4.  IT  IS  FURTHER  ORDERED,  That  the  counterproposal  filed  by  Fort  Bend  Broadcasting,  IS  DISMISSED  (RM-  10325). 
 5.  IT  IS  FURTHER  ORDERED,  That  the  Secretary  shall  send  a  copy  of  this  Report  and  Order  by  Certified  Mail,  Return  Receipt  Requested,  to  the  following: 
 Fort  Bend  Broadcasting  Company  1110  West  William  Cannon  Dr.,  Suite  402 
 Austin,  Texas  78745  (Licensee  of  Station  WBNZ(  FM)) 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Sharon  P.  McDonald,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
 5  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  Rules,  petitioner  and  South  Bend  filed  declarations  stating  that 
 they  have  neither  received  nor  been  promised  money  or  consideration  for  withdrawal  of  their  petitions. 
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