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 Federal  Communications  Commission  DA  06-  725 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b),  )  MB  Docket  No.  04-  217  Table  of  Allotments,  )  RM-  10863 
 FM  Broadcast  Stations.  )  (Clayton,  Georgia  and  Sylva,  North  Carolina)  ) 


 REPORT  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  March  29,  2006  Released:  March  31,  2006 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  the  Notice  of  Proposed  Rule  Making  (“  Notice”)  1  issued  in  response  to  a  Petition  for  Rule  Making  filed  by  Sutton  Broadcasting  Corporation  (“  Petitioner”).  Petitioner 
 filed  Comments.  No  other  comments  or  counterproposals  were  filed.  After  the  record  was  closed,  Petitioner  filed  a  request  for  approval  of  the  withdrawal  of  its  Petition  for  Rule  Making  and  its  expression 
 of  interest  in  implementing  its  rulemaking  proposal. 
 2.  As  stated  in  the  Appendix  to  the  Notice,  a  showing  of  continuing  interest  is  required  before  a  channel  will  be  allotted.  It  is  the  Commission’s  policy  to  refrain  from  making  a  new  allotment  to  a 
 community  absent  a  bona  fide  expression  of  interest.  Therefore,  we  grant  Petitioner’s  request  for  permission  to  withdraw  its  Petition  for  Rule  Making  that  initiated  this  proceeding  and  its  prior  expression 
 of  interest  in  implementing  its  rulemaking  proposal  2  and  we  dismiss  Petitioner’s  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.  Section  801(  a)(  1)(  A),  because  this  proposed  rule  is  dismissed  herein.) 
 4.  Accordingly,  IT  IS  ORDERED  That  the  Petition  for  Rule  Making  filed  by  Sutton  Broadcasting  Corporation  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED  that  this  proceeding  IS  TERMINATED. 


 1  Clayton,  Georgia  and  Sylva,  North  Carolina,  19  FCC  Rcd  10202  (MB  2002). 
 2  Pursuant  to  Section  1.420(  j)  of  the  Commission’s  rules,  Petitioner  provided  a  declaration  under  penalty  of 
 perjury  stating  that  neither  Petitioner  nor  any  of  its  principals  has  received  or  will  receive  any  consideration  in  exchange  for  the  withdrawal  of  its  Petition  for  Rule  Making  in  this  proceeding. 
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 Federal  Communications  Commission  DA  06-  725 
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 6.  For  further  information  concerning  the  above,  contact  R.  Barthen  Gorman,  Media  Bureau,  (202)  418-  2180. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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