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 Federal  Communications  Commission  DA  04-  3444 
 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.  (Lake  Charles,  Louisiana  and 
 West  Orange,  Texas) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MB  Docket  No.  04-  378  RM-  11079 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  27,  2004  Released:  October  29,  2004 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  for  consideration  a  Notice  of  Proposed  Rulemaking  1  filed  by  Apex  Broadcasting,  Inc.  (“  Petitioner”),  licensee  of  Station  KBXG(  FM),  proposing  the  reallotment  of 
 Channel  258C0  from  Lake  Charles,  Louisiana  to  West  Orange,  Texas,  and  the  modification  of  Station  KBXG(  FM)  ’s  license  accordingly.  On  October  1,  2004,  Petitioner  filed  a  motion  to  withdraw  its  petition. 


 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  the  request  to  withdraw  the  instant  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.  801(  a)(  1)(  A)  because  the  proposed  rule  was  dismissed. 
 4.  Accordingly,  IT  IS  ORDERED,  That,  as  requested,  the  petition  for  rule  making  filed  by  Apex  Broadcasting,  Inc.,  IS  DISMISSED. 


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


 1  Lake  Charles,  Louisiana  and  West  Orange,  Texas,  19  FCC  Rcd  60344  (2004). 
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 Federal  Communications  Commission  DA  04-  3444 
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 6.  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 
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