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 Federal  Communications  Commission  DA  04-  735 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b)  )  MB  Docket  No.  03-  245  Table  of  Allotments,  )  RM-  10826 
 FM  Broadcast  Stations.  )  (Durant,  Oklahoma  and  Whitewright,  Texas)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  March  17,  2004  Released:  March  19,  2004 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  Petition  for  Rule  Making  filed  by  NM  Licensing  LLC  (“  Petitioner”),  the  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  1  proposing  the  reallotment  of  Channel  248C2, 
 Station  KLAK(  FM)  from  Durant,  Oklahoma,  to  Whitewright,  Texas,  as  Whitewright’s  first  local  aural  transmission  service.  On  the  date  for  filing  comments,  Petitioner  filed  a  request  for  dismissal  of  its  proposal  to 
 reallot  Channel  248C2  to  Whitewright,  Texas.  2  No  other  comments  were  received. 
 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  Petitioner’s  request  to  dismiss  the  instant  proposal. 
 3.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  NM  Licensing  LLC  IS  DISMISSED. 


 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 


 1  Durant,  Oklahoma  and  Whitewright,  Texas,  18  FCC  Rcd  25622  (MB  2003). 
 2  In  accordance  with  Section  1.420(  j)  of  the  Commission’s  Rules  (47  C.  F.  R.  §  1.420(  j)),  Petitioner  states  that  it  has 
 not  been  promised  or  paid,  either  directly  or  indirectly,  any  consideration  in  connection  with  the  dismissal  of  its  petition. 
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