*Pages 1--2 from Microsoft Word - 48158.doc* Federal Communications Commission DA 05- 1144 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. (Washington, Kansas) ) ) ) ) ) ) ) ) MB Docket No. 04- 331 RM- 11053 REPORT AND ORDER (Proceeding Terminated) Adopted: April 25, 2005 Released: April 27, 2005 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 Andrew Shafer (“ Petitioner”), proposing the allotment of Channel 271A at Washington, Kansas, as the community’s first local aural transmission 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 271A to Washington, Kansas, or any other party, the Petition for Rule Making is hereby dismissed. 3. IT IS ORDERED, That the Petition for Rule Making filed by Andrew Shafer 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 Washington, Kansas, 19 FCC Rcd 16631 (MB 2004). 1 Federal Communications Commission DA 05- 1144 2 6. For further information concerning this proceeding, contact R. Barthen Gorman, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 2