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 Federal  Communications  Commission  DA  05-  2497 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MB  Docket  No.  02-  295  Table  of  Allotments,  )  RM-  10580 
 FM  Broadcast  Stations.  )  RM-  11149  (Gonzales,  Houma,  and  Westwego,  Louisiana  ) 
 and  Hattiesburg,  Mississippi)  ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  September  23,  2005  Released:  September  26,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  in  response  to  a  Petition  for  Rule  Making  filed  by  Clear  Channel  Broadcasting  Licenses,  Inc.  (“  Clear 
 Channel”).  2  Clear  Channel  filed  Comments,  Reply  Comments,  and  other  related  pleadings.  Guaranty  Broadcasting  Company,  LLC  and  its  affiliate,  Guaranty  Broadcasting  Company  of  Baton  Rouge,  LLC 
 (collectively,  “Guaranty”)  filed  a  Petition  for  Rule  Making  that  is  mutually  exclusive  with  a  portion  of  Clear  Channel’s  Petition  for  Rule  Making  and  a  Petition  for  Consolidation  in  which  it  requested  that 
 Guaranty’s  Petition  for  Rule  Making  be  included  in  MB  Docket  No.  02-  295.  Guaranty  also  filed  Comments,  Reply  Comments,  and  other  related  pleadings.  Blakeney  Communications,  Inc.  filed  Reply 
 Comments  to  which  Guaranty  filed  a  Response.  After  the  record  was  closed,  Clear  Channel  filed  a  request  for  approval  of  the  withdrawal  of  its  Petition  for  Rule  Making  and  its  expressions  of  interest  in 
 implementing  its  rulemaking  proposals. 
 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  Clear  Channel’s  request  for  permission  to  withdraw  its  Petition  for  Rule  Making  that  initiated  this  proceeding  and  its  prior 


 1  Gonzales,  Houma,  and  Westwego,  Louisiana  and  Hattiesburg,  Mississippi,  17  FCC  Rcd  18113  (MB  2002). 
 2  Initially,  the  Petition  for  Rule  Making  was  filed  by  Capstar  TX  Limited  Partnership,  licensee  of  Station 
 WUSW(  FM),  Hattiesburg,  Mississippi,  and  Clear  Channel  Radio  Licenses,  Inc.,  licensee  of  Station  KSTE-  FM  (now  Station  KHEV(  FM)),  Channel  281C,  Houma,  Louisiana.  Both  licensees  were  wholly  owned  subsidiaries 


 of  Clear  Channel  Communications,  Inc.  At  the  time  Comments  were  filed,  the  licensee  of  both  stations  was  Clear  Channel  Broadcasting  Licenses,  Inc.  (“  Clear  Channel”). 
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 expressions  of  interest  in  implementing  its  rulemaking  proposals  3  and  we  dismiss  Clear  Channel’s  Petition  for  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.  IT  IS  FURTHER  ORDERED  that  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  the  above,  contact  R.  Barthen  Gorman,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief, 
 Audio  Division  Media  Bureau 


 3  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  rules,  Clear  Channel  provided  a  declaration  under  penalty 
 of  perjury  stating  that  neither  Clear  Channel  nor  any  of  its  principals  has  received  or  will  receive  any  consideration  in  connection  with  the  withdrawal  of  its  Petition  for  Rule  Making  in  this  proceeding. 


 4  Since  Guaranty’s  Petition  for  Rule  Making  has  not  been  dismissed,  we  shall  set  forth  Guaranty’s  request  to 
 change  the  community  of  license  of  Station  WYPY  from  Baton  Rouge  to  Gonzales  in  a  Notice  of  Proposed  Rule  Making  to  be  published  in  the  near  future. 
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