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 Federal  Communications  Commission  DA  04-  781 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MB  Docket  No.  02-  126  Table  of  Allotments,  )  RM-  10448 
 FM  Broadcast  Stations.  )  (Wynnewood,  Oklahoma)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  March  24.  2004  Released:  March  26,  2004 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  In  response  to  a  petition  filed  by  David  P.  Garland  (“  Petitioner”),  the  Audio  Division  of  the  Media  Bureau  has  before  it  for  consideration  the  Notice  of  Proposed  Rulemaking  1  proposing  the  allotment  of 
 Channel  266A  at  Wynnewood,  Oklahoma,  as  the  community’s  second  local  FM  transmission  service.  2  In  his  comments  supporting  the  allotment  of  Channel  266A  at  Wynnewood,  Oklahoma,  Mr.  Garland  reiterated  his 
 interest  in  applying  for  and  constructing  a  facility  to  provide  service  to  Wynnewood  on  Channel  266A. 
 2.  DFWU,  Inc.  (“  DFWU”)  filed  a  counterproposal  proposing  the  allotment  of  Channel  265A  at  Konawa,  Oklahoma,  rather  than  the  proposed  allotment  of  Channel  266A  at  Wynnewood.  3  Both  Petitioner’s 
 original  petition  for  Wynnewood  and  DFWU’s  counterproposal  for  Konawa  are  in  conflict  with,  and  outside  the  comment  period  for,  prior  proposals  in  MM  Docket  No.  01-  180.  4  We  therefore  dismiss  both  Mr. 
 Garland’s  original  proposal  and  DFWU’s  counterproposal,  and  we  terminate  this  proceeding. 
 4.  Accordingly,  IT  IS  ORDERED,  that  the  proposal  of  David  P.  Garland  in  this  proceeding,  for 


 1  Owen,  Wisconsin,  Hartington,  Nebraska,  Lone  Pine,  California,  Terrebonne,  Oregon,  Amboy,  California,  Sutton, 
 Nebraska,  Wynnewood,  Oklahoma,  Roundup,  Montana,  and  Centerville,  Texas,  17  FCC  Rcd  9557  (MB  2002). 
 2  The  proposed  reference  coordinates  for  Channel  266A  at  Wynnewood  are  34-  38-  23  NL  and  97-  05-  38  WL. 


 3  The  proposed  reference  coordinates  for  Channel  265A  at  Konawa  are  35-  02-  08  NL  and  96-  40-  28  WL. 
 4  Holdenville,  Oklahoma,  16  FCC  Rcd  14,912  (MM  2001)  (“  Holdenville”).  Petitioner’s  original  proposal  to  allot 
 Channel  266A  at  Wynnewood,  filed  March  15,  2002,  is  in  conflict  with  the  counterproposal  timely  submitted  by  Valley  Broadcaster  in  Holdenville,  seeking  the  allotment  of  Channel  266A  at  Pauls  Valley,  Oklahoma  (34-  40-  26  NL 


 and  97-  06-  06  WL).  DFWU’s  counterproposal  to  allot  Channel  265A  at  Konawa,  filed  July  15,  2002,  is  in  conflict  with  the  original  proposal  in  Holdenville,  seeking  the  allotment  of  Channel  265A  at  Holdenville  (35-  04-  53  NL  and 
 96-  31-  00  WL).  The  deadline  for  counterproposals  in  Holdenville  was  September  24,  2001,  making  both  proposals  in  this  proceeding  untimely. 
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 Federal  Communications  Commission  DA  04-  781 
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 the  allotment  of  Channel  266A  at  Wynnewood,  Oklahoma,  IS  DISMISSED;  and 
 4.  IT  IS  FURTHER  ORDERED,  that  the  counterproposal  of  DFWU,  Inc.  in  this  proceeding,  for  the  allotment  of  Channel  265A  at  Konawa,  Oklahoma,  IS  DISMISSED;  and 


 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Deborah  Dupont,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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