Federal Communications Commission DA 12-980 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. (Pike Road, Alabama) ) ) ) ) ) ) MB Docket No. 11-206 RM-11634 REPORT AND ORDER (Proceeding Terminated) Adopted: June 21, 2012 Released: June 22, 2012 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Notice of Proposed Rule Making 1 issued at the request of Alatron Corporation, Inc. (“Petitioner”), proposing the allotment of Channel 228A at Pike Road, Alabama, as the community’s second local service. No comments or counterproposals were received by any parties. For the reasons discuss below, we dismiss the petition for rule making. 2. Petitioner did not file comments expressing a continuing interest in the proposed Pike Road allotment. 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 an allotment to a community absent an expression of interest. 2 Therefore, we will not allot Channel 228A at Pike Road, Alabama. Accordingly, we dismiss Petitioner’s proposal, and the associated new application, File No. BNPH-20110504ACT. 3. IT IS ORDERED, That the petition for rule making filed by Petitioner in MB Docket No. 11- 206 IS DISMISSED. 4. IT IS FURTHER ORDERED, That the new application filed by Petitioner, File No. BNPH- 20110504ACT IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. This document is not subject to the Congressional Review Act. (The Commission is not required to submit a copy of this Report and Order to Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. Section 801(a)(1)(A) since the proposed petition for rule making is dismissed). 1 See Pike Road, Alabama, Notice of Proposed Rule Making, 26 FCC Rcd 16994 (MB 2011)(“Notice”). 2 See Clarendon, Texas, Report and Order, 18 FCC Rcd 12701 (MB 2003) and Jasper, Texas, Report and Order, 18 FCC Rcd 418 (MB 2003) (stating that it is the Commission’s policy to refrain from making a new allotment to a community where there were no continuing expression of interest filed). Federal Communications Commission DA 12-980 7. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau