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 Federal  Communications  Commission  DA  05-  1145 
 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.  (Center,  Texas,  and  Logansport,  Louisiana)  1 


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 MB  Docket  No.  04-  317  RM-  11004 
 RM-  11118 


 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  for  consideration  a  Notice  of  Proposed  Rulemaking  (“  Notice”)  2  issued  in  response  to  two  petitions  for  rule  making  filed  by  Team  Broadcasting  Company, 
 Inc.  (“  Team  Broadcasting”)  and  Charles  Crawford  (“  Crawford”)  proposing  the  allotment  of  Channel  248A  at  Center,  Texas,  as  the  community’s  second  local  FM  transmission  service  (RM-  11004).  In 
 response  to  the  Notice,  a  counterproposal  was  filed  by  Logansport  Broadcasting  (“  LB”)  proposing  the  allotment  of  Channel  248A  at  Logansport,  Louisiana  (RM-  11118).  3  Team  Broadcasting,  Crawford,  and 
 Noalmark  Broadcasting  Corporation  (“  Noalmark”)  filed  comments  in  support  of  the  Center  proposal  stating  their  intention  to  apply  for  the  channel,  if  allotted.  Reply  comments  were  filed  by  Crawford  and 
 LB.  After  the  record  closed,  Team  Broadcasting,  Crawford,  Noalmark  and  LB  filed  requests  to  withdraw  their  expressions  of  interest.  On  April  11,  2005,  LB  filed  a  “Request  to  Dismiss  Request  for  Approval  of 
 Withdrawal.”  Upon  further  reflection,  LB  filed  on  April  15,  2005,  another  “Request  for  Approval  of  Withdrawal”  of  its  counterproposal.  The  parties  state  that  Cumulus  Licensing  LLC  (“  Cumulus”)  has 
 agreed  to  reimburse  Team  Broadcasting,  Noalmark,  Crawford,  and  LB  for  their  legitimate  and  prudent  expenses  in  exchange  for  the  withdrawal  of  their  expressions  of  interest.  4 


 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  the  requests  to  dismiss  the  Center,  Texas  and  Logansport,  Louisiana  petitions. 


 1  The  community  of  Logansport,  Louisiana,  has  been  added  to  the  caption. 
 2  Center,  Texas,  19  FCC  Rcd  15384  (MB  2004). 
 3  The  counterproposal  was  put  on  Public  Notice  on  November  24,  2004,  Report  No.  2683  (RM-  11118). 
 4  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  Rules,  Team  Broadcasting,  Noalmark,  Crawford  and  LB  have 
 provided  the  required  affidavits  stating  that  neither  Cumulus  nor  its  principals  have  paid  or  will  pay  any  money  or  other  consideration  in  excess  of  the  legitimate  and  prudent  expenses.  In  addition,  all  parties  have  provided  the 


 required  itemizations  of  expenses  incurred. 
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 Federal  Communications  Commission  DA  05-  1145 
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 3.  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.  801(  a)(  1)(  A)  because  the  proposed  rule  was  dismissed. 
 4.  Accordingly,  IT  IS  ORDERED,  That,  as  requested,  the  petitions  for  rule  making  filed  by  Team  Broadcasting  Company,  Inc.  and  Charles  Crawford  (RM-  11004),  ARE  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That,  as  requested,  the  counterproposal  filed  by  Logansport  Broadcasting  (RM-  11118),  IS  DISMISSED. 
 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  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 
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