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 Federal  Communications  Commission  DA  04-  3446 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.  202(  b)  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Creede,  Colorado) 


 )  ) 
 )  ) 
 )  ) 
 MB  Docket  No.  04-  194  RM-  10729 


 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  considers  herein  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  ,  issued  at  the  request  of  Jacor  Broadcasting  of  Colorado,  Inc.  (“  Petitioner”),  proposing  the  allotment  of  Channel 
 261C2  at  Creede,  Colorado,  as  its  first  local  service.  Meadowlark  Group,  Inc.  (“  Meadowlark  Group”)  filed  opposing  comments.  The  United  States  Department  of  Agriculture  Forest  Service  (“  U.  S.  Forest  Service”) 
 submitted  a  letter  pertaining  to  the  proposed  Creede  allotment.  No  other  comments  were  received  in  response  to  the  Notice. 


 2.  Background.  The  Notice  proposed  the  allotment  of  Channel  261C2  at  Creede,  Colorado  with  a  site  restriction  of  15  kilometers  (9.3  miles)  east  of  the  community  at  coordinates  37-  52-  56  NL  and  106-  45- 
 38  WL.  Meadowlark  Group  filed  comments  demonstrating  that  the  proposed  Creede  allotment  at  the  specified  coordinates  is  an  unsuitable  transmitter  site.  Moreover,  it  states  that  the  proposed  Creede 
 transmitter  site  is  located  in  the  La  Garita  Wilderness.  In  this  regard,  the  U.  S.  Forest  Service  submitted  a  letter  stating  that  the  proposed  Creede  allotment  is  located  on  the  National  Forest  System  lands  within  the 
 La  Garita  wilderness,  therefore,  if  allotted  would  be  in  violation  of  the  Wilderness  Act  of  1964  2  and  the  Colorado  Wilderness  Act  of  1993.  3  No  comments  were  filed  by  the  Petitioner  showing  a  continuing 
 expression  of  interest  in  the  proposed  Creede  allotment. 
 3.  Discussion.  A  showing  of  continuing  interest  is  required  before  a  channel  will  be  allotted  in  compliance  with  the  Appendix  to  the  Notice.  It  is  the  Commission’s  policy  to  refrain  from  making  a  new 
 allotment  to  a  community  absent  an  expression  of  interest.  Therefore,  since  comments  were  not  received  from  the  Petitioner  supporting  the  allotment  of  Channel  261C2  to  Creede,  or  any  other  party,  we  will 
 dismiss  the  Petition  for  Rule  Making.  In  addition,  we  find  that  the  site  suitability  issue  pertaining  to  the  proposed  Creede  transmitter  site  is  moot. 


 4.  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. 


 1  See  Creede,  Colorado,  19  FCC  Rcd  8480  (MB  2004). 
 2  Pub.  L.  88-  577,  78  Stat.  890  (1964)  (codified  as  16  U.  S.  C.  1131  et  seq.). 
 3  Pub.  L.  103-  77,  107  Stat.  756  (1993)  (codified  as  16  U.  S.  C.  539(  i)). 
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 Federal  Communications  Commission  DA  04-  3446 
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 5.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  Jacor  Broadcasting  of  Colorado,  Inc.  proposing  the  allotment  of  Channel  261C2  to  Creede,  Colorado,  IS  DISMISSED. 
 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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