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 Federal  Communications  Commission  DA  05-  2694 
 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.  (Evant,  Texas) 


 )  ) 
 )  ) 
 )  )  MM  Docket  No.  01-  188  RM-  10203 


 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  the  “Withdrawal  of  Petition,”  submitted  on  behalf  of  Charles  Crawford  (“  Crawford”)  on  August  11,  2005,  in  this  proceeding.  Previously,  Crawford  had  filed  a  petition 
 for  rulemaking  seeking  the  allotment  of  Channel  243A  at  Evant,  Texas,  and  we  issued  a  notice  proposing  that  rule  change.  1  Subsequently,  Crawford  filed  an  appeal  of  a  Commission  decision  in  cases  involving 
 similar  legal  and  factual  issues,  and  the  Court  of  Appeals  for  the  District  of  Columbia  recently  issued  its  opinion  in  that  appeal.  2 


 2.  Based  on  the  court’s  holding  in  Crawford  v.  F.  C.  C.,  Crawford  now  states  his  intention  to  withdraw  his  petition  for  allotment  of  Channel  243A  at  Evant.  Crawford  further  states  that  no 
 consideration  has  been  paid  or  promised,  directly  or  indirectly,  for  such  withdrawal.  See  47  C.  F.  R.  §  1.420(  j). 


 3.  It  is  the  Commission’s  policy  to  refrain  from  making  an  allotment  to  a  community  absent  an  adequate  expression  of  interest.  By  filing  his  “Withdrawal  of  Petition,”  Crawford  has  demonstrated  that 
 he  has  no  continuing  interest  in  the  requested  allotment. 
 4.  Accordingly,  IT  IS  ORDERED,  That  the  petition  for  rule  making  filed  by  Charles  Crawford,  proposing  the  allotment  of  Channel  243A  at  Evant,  Texas,  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 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  the  Government  Accountability 
 Office,  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  801(  a)(  1)(  A),  because  the  proposed  rule  was  dismissed. 


 1  See  Evant,  Texas,  16  FCC  Rcd  15,257  (MM  2001). 
 2  Crawford  v.  F.  C.  C.,  417  F.  3d  1289  (D.  C.  Cir.  2005). 
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 Federal  Communications  Commission  DA  05-  2694 
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 6.  For  further  information  concerning  this  proceeding,  contact  Deborah  Dupont,  Media  Bureau,  (202)  418-  7072. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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