*Pages 1--2 from Microsoft Word - 49279.doc* Federal Communications Commission DA 05- 1614 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. (Cheyenne and Encampment, Wyoming) ) ) ) ) ) ) ) MB Docket No. 04- 402 RM- 11087 REPORT AND ORDER (Proceeding Terminated) Adopted: June 8, 2005 Released: June 10, 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 Mountain States Radio, Inc. (“ Petitioner”), 2 proposing the allotment of Channel 285C2 at Encampment, Wyoming, as that community’s first local aural transmission service. In addition, Petitioner proposed to substitute FM Channel 229C2 for FM Channel 285C2 at Station KRRR( FM), Cheyenne, Wyoming, and to further substitute FM Channel 285C2 for vacant channel 229A at Cheyenne, Wyoming. Petitioner and Dday 3 filed comments in response to the Notice. No other comments or expressions of interest were received in response to the Notice. After the record was closed, Petitioner filed a Motion to Dismiss in which it requested that the above- referenced rule making proceeding be dismissed. 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, we grant Petitioner’s request to dismiss the Cheyenne and Encampment rule making. 4 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. Section 801( a)( 1)( A), because this proposed rule is dismissed herein.) 4. Accordingly, IT IS ORDERED, That this rule making proceeding IS TERMINATED. 1 See Cheyenne and Encampment, Wyoming, 19 FCC Rcd 20889 (MB 2004). 2 Brahmin Broadcasting Corporation is the current licensee of Station KRRR( FM), Channel 285C2, Cheyenne, Wyoming, and replaces Mountain States Radio, Inc. as the Petitioner in this case. 3 Dday states that it is qualified to bid on FM Channel 258A, in FM Market FM357, Saratoga, Wyoming, in FM Auction 37. Dday argues that an allotment of FM Channel 285C2 at Encampment would lessen the value and commercial viability of Channel 258A, at Saratoga, Wyoming. The Commission does not rule on such matters. Rather, auction bidders are free to consider these matters if they so choose. 4 Pursuant to Section 1.420( j) of the Commission’s Rules, Petitioner provided a declaration stating that neither Petitioner nor any of its principals has received or will receive any consideration in connection with the withdrawal of its expression of interest in this proceeding. 1 Federal Communications Commission DA 05- 1614 2 5. 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