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 Federal  Communications  Commission  DA  04-  3612 
 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. 
 (Booneville,  Kentucky) 


 )  ) 
 )  ) 
 )  ) 
 )  )  MB  Docket  No.  04-  287  RM-  11044 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  November  17,  2004  Released:  November  22,  2004 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  ,  issued  at  the  request  of  Eastern  Kentucky  Educational  Radio  (“  Petitioner”),  proposing  the  allotment  of  Channel 
 227A  at  Booneville,  Kentucky,  as  the  community’s  first  local  service.  Petitioner  filed  no  comments  in  response  to  the  Notice.  No  other  comments  or  expressions  of  interest  were  received  in  response  to  the 
 Notice. 
 2.  As  stated  in  the  Appendix  to  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  a  new  allotment  to 


 a  community  absent  a  bona  fide  expression  of  interest.  Therefore,  because  comments  were  not  received  from  the  Petitioner  supporting  the  allotment  of  Channel  227A  to  Booneville  Kentucky,  or  any  other  party, 
 the  Petition  for  Rule  Making  is  hereby  dismissed. 
 3.  IT  IS  ORDERED,  That  the  Petition  for  Rulemaking  filed  by  Eastern  Kentucky  Educational  Radio  IS  DISMISSED. 


 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.  Section  801(  a)(  1)(  A)  because  this  proposed  rule  is  dismissed,  herein. 
 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 1  See  Booneville,  Kentucky,  19  FCC  Rcd  14603  (MB  2004). 
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 Federal  Communications  Commission  DA  04- 
 2 
 6.  For  further  information  concerning  this  proceeding,  contact  Victoria  M.  McCauley,  Media  Bureau,  (202)  418-  2180. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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