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 Federal  Communications  Commission  DA  05-  2300 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Section  73.  202(  b),  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Beaumont  and  Dayton,  Texas) 


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 MM  Docket  No.  00-  9  RM-  9256 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  August  17,  2005  Released:  August  19,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 


 1.  The  Audio  Division  has  before  it:  (1)  a  Notice  of  Proposed  Rule  Making  1  issued  at  the  request  of  KXTJ  License,  Inc.  (“  KXTJ”);  (2)  Comments  filed  by  KXTJ;  (3)  Comments  filed  by  ComCorp 
 of  Lafayette  License  Corp.;  and  (4)  a  Withdrawal  of  Expression  of  Interest  and  Request  for  Dismissal  of  Rule  Making,  filed  by  Liberman  Broadcasting  of  Houston  License  Corp.  (“  Liberman”),  successor  in 
 interest  to  KXTJ. 
 2.  The  NPRM  proposed  the  reallotment  and  change  of  community  of  license  for  Station  KQQK  (FM)  (formerly  KXTJ(  FM)),  Channel  300C,  from  Beaumont  to  Dayton,  Texas,  pursuant  to 


 Section  1.420(  i)  of  the  Commission’s  Rules.  2  After  the  pleading  cycle  ended,  Liberman  acquired  Station  KQQK(  FM)  3 


 3.  Liberman  withdraws  the  rulemaking  petition  submitted  by  its  predecessor  in  interest,  KXTJ,  seeking  reallotment  of  Station  KQQK(  FM)  from  Beaumont  to  Dayton  and  the  expression  of 
 interest  in  applying  for  the  Dayton  allotment.  Liberman  requests  that  the  Commission  dismiss  the  underlying  petition  for  rulemaking  4  and  terminate  the  proceeding.  Liberman  also  submits  a  Declaration 
 from  one  of  its  principals,  stating  that  there  is  no  agreement,  written  or  oral,  with  any  entity  regarding  the  instant  withdrawal  and  request  for  dismissal  and  that  neither  Liberman  nor  any  of  its  principals  has 
 received  or  will  receive  any  money  or  other  consideration  for  the  dismissal. 
 4.  We  approve  Liberman’s  withdrawal  of  the  rulemaking  petition  in  this  proceeding  and  the  expression  of  interest  in  Channel  300C  at  Dayton.  The  withdrawal  of  the  rulemaking  petition  and  the 


 expression  of  interest  comply  with  Section  1.420(  j)  of  the  Commission’s  rules  because  neither  Liberman 
 1  Beaumont  and  Dayton,  TX,  15  FCC  Rcd  777  (MMB  2000)  (“  NPRM”). 
 2  This  rule  permits  the  modification  of  a  station’s  authorization  to  specify  a  new  community  of  license  without 
 affording  other  interested  parties  an  opportunity  to  file  competing  expressions  of  interest.  3 
 See  BALH-  20020426AAI,  granted  July  9,  2002,  and  consummated  on  October  11,  2002.  4 
 RM-  9526. 
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 Federal  Communications  Commission  DA  05-  2300 
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 nor  any  of  its  principals  is  receiving  any  money  or  other  consideration  in  return  for  the  withdrawal. 
 5.  As  stated  in  the  Appendix  to  the  NPRM,  a  continuing  interest  is  required  before  a  channel  will  be  allotted.  Because  the  rulemaking  petition  and  expression  of  interest  in  the  proposed  allotment  at 


 Dayton  have  been  withdrawn,  no  allotment  at  Dayton  or  change  of  community  of  license  will  be  made. 
 6.  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  the  proposed  rule  is  dismissed  herein.) 
 7.  Accordingly,  IT  IS  ORDERED,  That  this  rulemaking  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Andrew  J.  Rhodes,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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