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 Federal  Communications  Commission  DA  05-  1148 
 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.  (Idaho  Falls  and  Iona,  Idaho)  1 


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 MB  Docket  No.  02-  289  RM-  10526 
 RM-  10771 


 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  a  petition  for  rule  making  filed  by  Scott  D.  Parker  (“  Parker”)  proposing 
 the  allotment  of  Channel  300C1  at  Idaho  Falls,  Idaho,  as  the  community’s  six  local  commercial  FM  transmission  service  (RM-  10526).  In  response  to  the  Notice,  comments,  a  counterproposal  and  a 
 supplement  were  filed.  Sand  Hill  Media  Corporation  (“  Sand  Hill”)  proposed  the  substitution  of  Channel  299C1  for  Channel  296C1,  the  reallotment  of  Channel  299C1  from  Idaho  Falls  to  Iona,  Idaho,  and  the 
 modification  of  Station  KQEO(  FM)  ’s  license  accordingly  (RM-  10771).  3  On  November  18,  2002,  Parker  filed  a  withdrawal  of  his  expression  of  interest  in  the  Idaho  Falls  allotment.  4  Reply  comments  in  support 
 of  the  counterproposal  were  filed  by  Sand  Hill.  After  the  record  closed,  Sand  Hill  filed  a  withdrawal  of  its  expression  of  interest  for  the  Iona  reallotment.  5 


 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  Idaho  Falls  and  Iona,  Idaho  petitions. 


 1  The  community  of  Iona,  Idaho,  has  been  added  to  the  caption. 
 2  Idaho  Falls,  Idaho,  17  FCC  Rcd  18118  (MB  2002). 
 3  The  counterproposal  was  put  on  Public  Notice  on  August  26,  2003,  Report  No.  2624  (RM-  10771). 
 4  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  Rules,  Parker  filed  the  required  declaration  stating  that  he 
 neither  received,  nor  will  receive,  any  money  or  other  consideration  in  excess  of  legitimate  and  prudent  expenses  in  exchange  for  his  withdrawal  of  interest  in  the  Idaho  Falls  proposal.  In  addition,  Parker  submitted  the 


 requirement  itemization  of  expenses  incurred. 
 5  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  Rules,  Sand  Hill  provided  the  required  declaration  stating  that 
 neither  Sand  Hill,  nor  any  of  its  principals,  has  paid,  received,  promised  or  been  promised  any  consideration  in  connection  with  the  withdrawal  of  its  Iona  proposal. 
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 Federal  Communications  Commission  DA  05- 
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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  petition  for  rule  making  filed  by  Scott  D.  Parker  (RM-  10526),  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That,  as  requested,  the  counterproposal  filed  by  Sand  Hill  Media  Corporation  (RM-  10771),  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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