Federal Communications Commission DA 08-2714 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. (Pima and Pinetop, Arizona) ) ) ) ) ) ) ) MB Docket No. 07-297 RM-11413 RM-11424 REPORT AND ORDER (Proceeding Terminated) Adopted: December 15, 2008 Released: December 17, 2008 By the Assistant Chief, Audio Division, Media Bureau: . 1. Circle S Broadcasting Co., Inc. (“Circle S”) filed a Petition for Rule Making proposing the substitution of Channel *289A for Channel *296A at Pima, Arizona, and the substitution of Channel 249C1 for Channel 294C1 at Pinetop, Arizona. The staff set forth that proposal in its Notice of Proposed Rule Making (“Notice”).1 Circle S’s Petition for Rule Making was part of Circle S’s contingent “hybrid” application2 to change the facilities of Station KSWG(FM), Wickenburg, Arizona, and to make accommodating channel changes for that application and for the contingent application of Station KKLD(FM),3 Cottonwood, Arizona. On December 10, 2008, the Audio Division dismissed the foregoing applications for changes in Stations KSWG(FM) and KKLD(FM).4 Accordingly, we are required to dismiss the rulemaking components of this contingent hybrid proposal.5 For this reason, we are terminating this proceeding.6 2. Accordingly, IT IS ORDERED, That this rulemaking proceeding IS TERMINATED. 1 See Pima and Pinetop, Arizona, Notice of Proposed Rule Making, 23 FCC Rcd 232 (MB 2008). 2 File No. BMPH-20070119AID. 3 File No. BPH-20070119AIF. 4 See Letter to Circle S. Broadcasting Co., Inc., et al., from Rudolfo F. Bonacci, Assistant Chief, Audio Division, Media Bureau, (December 10, 2008). 5 See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14223 (2006) (para. 17). 6 William S. Konopnicki filed a Counterproposal proposing the allotment of Channel 249C1 to McNary, Arizona. In this instance, the Notice was not published in the Federal Register, as required by 5 U.S.C. § 553(b), and incorrectly stated that the Channel 294C1 allotment at Pinetop was vacant when, in fact, there was an outstanding construction permit for this allotment. We cannot consider the Konopnicki Counterproposal on the basis of a defective Notice. Instead, we will initiate a new proceeding proposing the allotment of Channel 249C1 to McNary, Arizona, as requested by Mr. Konopnicki. Federal Communications Commission DA 08-2714 2 3. For further information concerning this proceeding, contact R. Barthen Gorman, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau