*Pages 1--2 from Microsoft Word - 45903.doc* Federal Communications Commission DA 05- 308 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. (Lost Cabin and Arapahoe, Wyoming) ) ) ) ) ) ) ) MM Docket No. 01- 86 RM- 10079 REPORT AND ORDER (Proceeding Terminated) Adopted: February 2, 2005 Released: February 4, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it for consideration a Notice of Proposed Rulemaking 1 filed by Idaho Broadcasting Consortium, Inc. (“ Petitioner”), licensee of Station KWYW( FM) (formerly KSXZ( FM)) proposing the reallotment of Channel 256C from Lost Cabin to Arapahoe, Wyoming, and the modification of Station KWYW( FM) ’s license accordingly. 2 Petitioner subsequently filed a letter requesting to dismiss its petition. 3 No other pleadings were received. 2. A showing of continuing interest is required before a channel will be allotted. It is the Commission’s policy to refrain from making an allotment to a community absent an expression of interest. Therefore, we will grant the request to dismiss the instant proposal. 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. 801( a)( 1)( A) because the proposed rule was dismissed. 4. Accordingly, IT IS ORDERED, That, as requested, the petition for rule making filed by Idaho Broadcasting Corsortium, Inc., IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 1 Lost Cabin and Arapahoe, Wyoming, 16 FCC Rcd 7809 (MM 2001). 2 On October 9, 2001, Station KWYW( FM) was granted a license to cover its construction permit. See File No. BLH- 20010730AAA. 3 Pursuant to Section 1.420( j) of the Commission’s Rules, petitioner states that it did not receive consideration for the dismissal of its petition for rule making. 1 Federal Communications Commission DA 05- 308 2 6. 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 2