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 Federal  Communications  Commission  DA  06-  1885 
 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.  (Auxvasse,  Missouri) 


 Reclassification  of  License  of  Station  KSHE(  FM),  Crestwood,  Missouri 


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 MB  Docket  No.  05-  230  RM-  11032 
 BLH-  19870504KB 
 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  September  20,  2006  Released:  September  22,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  at  the  request  of  Charles  Crawford  (“  Petitioner”)  requesting  the  allotment  of  Channel  235A  at  Auxvasse, 
 Missouri,  as  its  first  local  service.  No  comments  or  counterproposals  were  received  in  response  to  this  proceeding. 


 2.  Background.  The  Notice  proposed  the  allotment  of  Channel  235A  at  Auxvasse,  Missouri,  as  its  first  local  service.  Station  KSHE(  FM),  Channel  234C,  Crestwood,  Missouri,  was  reclassified  to 
 specify  operation  on  Channel  234C0  in  compliance  with  the  Commission’s  reclassification  procedures  2  to  accommodate  the  proposed  Auxvasse  allotment.  3  No  comments  were  filed  by  the  Petitioner,  reiterating  its 
 expression  of  interest  in  the  proposed  allotment  of  Channel  235A  at  Auxvasse,  Missouri. 
 3.  Discussion.  A  showing  of  continuing  interest  is  required  before  a  channel  is  allotted  to  a  community  in  compliance  with  the  Appendix  to  the  Notice.  In  this  instance,  we  will  not  allot  Channel 


 235A  at  Auxvasse  because  no  comments  were  received  from  the  Petitioner,  or  any  other  party,  supporting  the  allotment  of  Channel  235A  at  Auxvasse,  Missouri.  It  is  the  Commission’s  policy  to  refrain  from 
 making  a  new  allotment  to  a  community  absent  an  expression  of  interest. 
 4.  This  document  is  not  subject  to  the  Congressional  Review  Act.  (The  Commission,  is, 
 1  Auxvasse,  Missouri,  Notice  of  Proposed  Rule  Making,  FCC  Rcd  (MB  2005). 
 2  See  1998  Biennial  Regulatory  Review—  Streamlining  of  Radio  Technical  Rules  in  Parts  73  and  74  of  the 
 Commission’s  Rules,  Second  Report  and  Order,  15  FCC  Rcd  21649  (2000);  see  also  47  C.  F.  R.  §§  1.  420(  g),  n.  2;  73.  3573,  n.  4. 


 3  See  File  No.  BLH-  19870504KB.  In  this  regard,  we  issued  an  Order  to  Show  Cause  directed  to  Emmis  Radio 
 License,  LLC,  (“  Emmis  Radio”),  licensee  of  Station  KSHE(  FM),  Crestwood,  Missouri,  affording  it  30  days  to  express  in  writing  an  intention  to  seek  authority  to  upgrade  Station  KSHE(  FM)  ’s  technical  facilities  to  preserve 


 Class  C  status,  or  to  otherwise  challenge  the  proposed  action.  See  Reclassification  of  License  of  Station  KSHE(  FM),  Crestwood,  Missouri,  Order  to  Show  Cause,  19  FCC  Rcd  15409  (MB  2004).  In  response,  Emmis 
 Radio  filed  comments,  stating  that  it  has  decided  not  to  pursue  an  application  for  a  construction  permit  to  achieve  minimum  Class  C  facilities. 
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 Federal  Communications  Commission  DA  06-  1885 
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 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  Charles  Crawford,  IS  DISMISSED. 
 6.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 7.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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