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 Federal  Communications  Commission  DA  05-  2691 
 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.  (Columbus  and  Monona,  Wisconsin) 


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 MB  Docket  No.  05-  122  RM-  11198 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  12,  2005  Released:  October  14,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  for  consideration  a  Notice  of  Proposed  Rule  Making  1  issued  in  response  to  the  Petition  for  Rule  Making  filed  by  Good  Karma  Broadcasting,  LLC  (“  Petitioner”), 
 licensee  of  Station  WTLX(  FM),  Channel  263A,  Columbus,  Wisconsin,  proposing  the  reallotment  of  Channel  263A  from  Columbus  to  Monona  Wisconsin,  and  the  modification  of  Station  WTLX(  FM)  ’s 
 license  accordingly.  Petitioner  filed  comments  in  support  of  the  proposal  reaffirming  its  intention  to  apply  for  the  channel,  if  reallotted  to  Monona.  No  other  pleadings  were  received. 


 2.  Prior  to  the  filing  of  the  Petition  for  Rule  Making  in  this  proceeding  on  January  21,  2005,  Petitioner  filed  for  a  construction  permit  to  change  the  community  of  license  of  Station  WTTN(  AM), 
 1580  KHz,  from  Watertown  to  Columbus,  Wisconsin  (File  No.  CDBS-  20050118AJT).  The  application  was  filed  in  connection  with  AM  Auction  No.  84.  Petitioner  further  stated  that  the  Audio  Division  had 
 determined  that  Good  Karma’s  AM  Auction  84  filing  window  application  for  Station  WTTN(  AM)  (File  No.  BMJP-  20040129AGA)  was  not  mutually  exclusive  with  any  other  applications  submitted  in  the 
 filing  window.  Therefore,  Petitioner  advised  that  the  application  for  Station  WTTN(  AM)  would  be  ripe  for  grant  upon  the  expiration  of  the  petition  to  deny  period.  Petitioner  asserted  that  with  the  relocation 
 of  Station  WTTN(  AM)  to  Columbus,  the  community  would  not  be  deprived  of  its  sole  local  service  by  the  grant  of  the  instant  petition  for  rule  making. 


 3.  At  the  time  the  Petition  for  Rule  Making  was  filed,  it  was  contingent  upon  grant  of  the  AM  application.  This  is  not  conducive  to  the  efficient  processing  of  petitions  for  rule  making.  Therefore, 
 because  the  instant  proposal  relies  on  an  ungranted  construction  permit  application  as  a  “backfill”  to  replace  the  prospective  loss  of  a  sole  local  service,  it  will  be  dismissed.  2  The  petition  for  rule  making 
 may  be  refiled  once  the  AM  license  application  is  granted  specifying  Columbus  as  the  new  community  of  license. 


 1  Columbus  and  Monona,  Wisconsin,  20  FCC  Rcd  6049  (MB  2005). 
 2  See  Aguila,  Apache  Junction,  Buckeye,  Glendale,  Peoria,  Wenden,  and  Wickenburg,  Arizona  (DA  05-  2495),  MB 
 Docket  No.  05-  270,  (released  September  26,  2005). 
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 Federal  Communications  Commission  DA  05-  2691 
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 4.  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. 
 5.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  Good  Karma  Broadcasting,  LLC,  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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