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 Federal  Communications  Commission  DA  04-  3335 
 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.  (Pioche,  Nevada) 


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 MB  Docket  No.  04-  206  RM-  10705 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  20,  2004  Released:  October  25,  2004 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rulemaking  1  issued  at  the  request  of  Micah  Shrewsberry  (“  Shrewsberry”)  requesting  the  allotment  of  Channel  268C1  at  Pioche,  Nevada,  as 
 the  community’s  second  local  service.  Shrewsberry  did  not  file  comments  reiterating  his  interest  in  applying  for  Channel  268C1  at  Pioche.  REC  Networks  filed  comments  in  support  of  Shrewsberry’s 
 proposal  and  states  that,  “REC  has  no  intention  of  filing  for  this  channel.”  No  other  comments  were  filed  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.  Therefore,  since  no  such  continuing  interest  has  been  expressed  for  an  allotment  at  Pioche,  Nevada,  we  will  dismiss  Shrewsberry’s  proposal. 


 3.  This  document  is  not  subject  to  the  Congressional  Review  Act.  (The  Commission,  is,  therefore,  not  required  to  submit  a  copy  of  this  Report  and  Order  to  GAO,  pursuant  to  the  Congressional 
 Review  Act,  see  5  U.  S.  C.  Section  801(  a)(  1)(  A)  since  this  proposed  rule  is  dismissed,  herein. 
 4.  In  view  of  the  above,  IT  IS  ORDERED  That  the  Petition  for  Rule  Making  filed  by  Micah  Shrewsberry  (RM-  10705),  requesting  the  allotment  of  Channel  268C1  at  Pioche,  Nevada,  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 1  See  Islamorada,  Florida  and  Pioche,  Nevada,  19  FCC  Rcd  9254  (M.  B.  2004). 
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 Federal  Communications  Commission  DA  04-  3335 
 2 
 6.  For  further  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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