*Pages 1--2 from  Microsoft Word - 34961*
 Federal  Communications  Commission  DA  04-  73 
 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.  (Cimarron,  New  Mexico) 


 )  ) 
 )  ) 
 )  )  MB  Docket  No.  02-  164  RM-  10476 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  January  14,  2004  Released:  January  20,  2004 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making,  1  issued  at  the  request  of  Sierra  Grande  Broadcasting  (“  Petitioner”),  proposing  the  allotment  of  Channel  236C2  at  Cimarron,  New 
 Mexico,  as  the  community’s  first  local  aural  transmission  service.  Petitioner  filed  comments  in  support  of  the  proposal  reaffirming  its  intention  to  apply  for  the  channel,  if  allotted.  On  November  13,  2002, 
 petitioner  filed  an  “amendment”  requesting  the  allotment  of  Channel  296C1  in  lieu  of  Channel  236C2  at  Cimarron,  New  Mexico.  No  other  comments  were  received. 


 2.  Since  the  Petitioner  has  withdrawn  its  interest  in  the  allotment  of  Channel  236C2  at  Cimarron,  New  Mexico,  we  are  dismissing  the  instant  petition.  It  is  the  Commission’s  policy  to  refrain  from  making 
 an  allotment  to  a  community  absent  a  showing  of  continuing  expression  of  interest.  Moreover,  the  new  proposal  to  allot  Channel  296C1  at  Cimarron  is  an  untimely  proposal  that  conflicts  with  a  pending 
 Petition  to  allot  Channel  296A  at  Las  Vegas,  New  Mexico,  and  will  be  considered  in  the  context  of  that  proceeding. 


 3.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  rule  making  filed  on  October  9,  2001,  by  Sierra  Grande  Broadcasting,  IS  DISMISSED. 
 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 1  Cimarron,  New  Mexico,  et  al.,  17  FCC  Rcd  12824  (2002) 
1
 __________________  Federal  Communications  Commission  DA  04-  73 
 2 
 5.  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 
2