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 Federal  Communications  Commission  DA  06-  268 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Amendment  of  Section  73.  202(  b),  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Ely  and  Spring  Creek,  Nevada) 


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 MB  Docket  No.  05-  113  RM-  11195 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  February  2,  2006  Released:  February  6,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Notice  of  Proposed  Rulemaking  1  issued  at  the  request  of  Ruby  Radio  Corporation,  licensee  of  Station  KCLS(  FM),  Ely,  Nevada  (“  Petitioner”),  proposing  the 
 substitution  of  Channel  269C1  for  Channel  269C3  at  Ely,  the  reallotment  of  Channel  269C1  from  Ely  to  Spring  Creek,  Nevada,  as  the  community’s  first  local  transmission  service,  and  the  modification  of  the 
 license  for  Station  KCLS(  FM)  to  reflect  the  new  community.  Subsequently,  Petitioner  requested  to  withdraw  its  petition  for  rulemaking.  No  other  comments  or  counterproposals  were  filed. 


 2.  We  accept  Petitioner’s  request  to  withdraw.  Petitioner  has  submitted  the  required  affidavit  pursuant  to  Section  1.420(  j)  of  the  Rules. 
 3.  Accordingly,  IT  IS  ORDERED  That  the  petition  for  rule  making  filed  by  Ruby  Radio  Corporation,  licensee  of  Station  KCLS(  FM),  Ely,  Nevada,  proposing  the  substitution  of  Channel  269C1 
 for  Channel  269C3  at  Ely,  the  reallotment  of  Channel  269C1  from  Ely  to  Spring  Creek,  Nevada,  IS  DISMISSED. 


 4.  IT  IS  FURTHER  ORDERED  That  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  this  proceeding,  contact  Victoria  M.  McCauley  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 


 1  Ely  and  Spring  Creek,  Nevada),  20  FCC  Rcd  6034  (2005). 
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