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 Federal  Communications  Commission  DA  06-  2062 
 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.  (Groveland,  California) 


 )  ) 
 )  ) 
 )  ) 
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 MB  Docket  No.  05-  13  RM-  11078 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  October  18,  2006  Released:  October  20,  2006 
 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  a  petition  filed  by  105  Mountain  Air,  Inc.,  proposing  the  allotment  of  Channel  264A  at 
 Groveland,  California,  as  the  community’s  first  local  commercial  FM  transmission  service.  Petitioner  did  not  file  comments  in  support  of  the  proposal  reaffirming  its  intention  to  apply  for  the  channel,  if 
 allotted.  No  other  comments  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.  Accordingly,  we  will  dismiss  the  instant  petition  for  rule  making. 
 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  105  Mountain  Air,  Inc.,  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 1  Groveland,  California,  Notice  of  Proposed  Rule  Making,  20  FCC  Rcd  1267  (MB  2005). 
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 Federal  Communications  Commission  DA  06-  2062 
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 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 
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