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 Federal  Communications  Commission  DA  05-  3209 
 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.  (Presque  Isle,  Michigan) 


 (Harrisville,  Michigan) 


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 MB  Docket  No.  02-  106  RM-  10416 
 MB  Docket  No.  02-  108  RM-  10418 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  December  14,  2005  Released:  December  16,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  “Motions  for  Leave  to  Withdraw  and  Dismiss  Petition[  s]”  filed  by  Northern  Paul  Bunyan  Radio  Company  (“  Petitioner”)  in  this  consolidated 
 proceeding.  Previously,  we  issued  a  multiple  docket  Notice  of  Proposed  Rule  Making  1  in  response  to  Petitioner’s  separate  petitions  for  rule  making  to  allot:  (1)  Channel  227A  at  Presque  Isle,  Michigan  and 
 (2)  Channel  226A  at  Harrisville,  Michigan.  A  counterproposal  was  filed  by  Northern  Michigan  Radio,  Inc.,  (“  NMRI”)  licensee  of  Station  WFDX(  FM),  2  which  conflicts  with  both  the  Presque  Isle  and 
 Harrisville  proposals. 
 2.  It  is  the  Commission’s  policy  to  refrain  from  making  an  allotment  to  a  community  absent  an  adequate  expression  of  interest.  By  filing  its  requests  for  withdrawal  and  dismissal,  Petitioner  has 


 demonstrated  that  it  has  no  continuing  interest  in  the  proposed  allotments.  Petitioner  states  that  it  has  not  been  paid  or  promised,  either  directly  or  directly,  any  consideration  for  the  withdrawals.  No  other  party 
 has  expressed  an  interest  in  applying  for  the  proposed  allotments.  The  counterproposal  filed  by  NMRI  which  proposes  inter  alia  the  reallotment  of  Channel  223C1  from  Atlanta,  Michigan  to  Vanderbilt, 
 Michigan,  and  the  modification  of  Station  WFDX’s  license  to  reflect  the  change  of  community,  is  also  being  dismissed.  In  Pacific  Broadcasting  of  Missouri,  LLC,  the  Commission  announced  that  it  would  no 
 longer  accept  proposals  that  would  remove  a  community’s  sole  local  operating  service  and  replace  it  with  a  vacant  allotment.  3  As  such,  NMRI’s  counterproposal  is  defective  because  it  proposes  to  allot  Channel 
 282C3  at  Atlanta,  Michigan  as  a  “backfill”  to  prevent  the  loss  of  that  community’s  sole  local  transmission  service. 


 3.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  Northern  Paul  Bunyan  Radio  Company,  requesting  the  allotment  of  Channel  227A  at  Presque  Isle,  Michigan  in  MB  Docket 
 No.  02-  106,  RM-  10416,  IS  DISMISSED. 


 1  See  Presque  Isle,  Michigan  and  Harrisville,  Michigan,  17  FCC  Rcd  8816  (MB  2002). 
 2  At  the  time  of  filing,  the  station’s  prior  call  sign  was  WBYC-  FM. 
 3  Pacific  Broadcasting  of  Missouri,  LLC,  18  FCC  Rcd  2291  (2003)  recon.  denied  19  FCC  Rcd  10950  (2004). 
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 4.  IT  IS  FURTHER  ORDERED,  That  the  Petition  for  Rule  Making  filed  by  Northern  Paul  Bunyan  Radio  Company,  proposing  the  allotment  of  Channel  226A  at  Harrisville,  Michigan  in  MB  Docket 
 No.  02-  108,  RM-  10418,  IS  DISMISSED. 
 5.  IT  IS  FURTHER  ORDERED,  That  the  counterproposal  to  MB  Docket  Nos.  02-  106  and  02-  108  filed  by  Northern  Michigan  Radio,  Inc.,  IS  DISMISSED. 


 6.  IT  IS  FURTHER  ORDERED,  That  MB  Docket  Nos.  02-  106  and  02-  108  ARE  TERMINATED. 
 7.  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  Government  Accountability  Office, 
 pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  Section  801(  a)(  1)(  A)  because  the  proposed  rule  was  dismissed. 


 8.  For  further  information  concerning  this  proceeding,  contact  Helen  McLean,  Media  Bureau,  (202)  418-  2738. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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