Federal Communications Commission DA 13-1689 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. (Knox City, Texas) ) ) ) ) ) ) MB Docket No. 12-235 RM-11670 REPORT AND ORDER (Proceeding Terminated) Adopted: August 1, 2013 Released: August 2, 2013 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division considers herein the Notice of Proposed Rule Making1, issued in response to a Petition for Rule Making (“Petition”) filed by Big Cat Broadcasting, LLC (“Big Cat”), permittee of FM Channel 277A, Goree, Texas. For the reasons discussed below, we dismiss the Petition for Rule Making and terminate the proceeding. 2. The Notice proposed to amend the FM Table of Allotments, Section 73.202(b) of the Commission’s rules,2 by substituting Channel 277A for vacant Channel 297A at Knox City, Texas. The Petition was part of a “hybrid” application3 to allow the station at Goree, Texas to operate on FM Channel 298A rather than FM Channel 277A.4 3. While this proceeding was pending, Big Cat’s application was dismissed on December 21, 2012 because the construction permit for Channel 277A, Goree, Texas expired on December 14, 2012. 4. Each component of a “hybrid” proposal is contingent upon the other, and “the dismissal, denial or return of any component filing will result in the dismissal or return of all the related filings.”5 Because Big Cat’s application has been dismissed, we also dismiss its Petition for Rule Making. 1 Knox City, Texas, Notice of Proposed Rule Making, 27 FCC Rcd 10212 (MB 2012) (Notice). 2 47 C.F.R. § 73.202(b). 3 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(2006) (“Revision of Allotment Procedures”). 4 See File No. BMPH-20110510ACF. 5 See Revision of Allotment Procedures, 21 FCC Rcd at 14223 ¶17. See also 47 C.F.R. §1.420(d) (requiring that petitions for amendment of FM Table of Allotments “be accompanied by the appropriate construction permit application”). . Federal Communications Commission DA 13-1689 2 5. Accordingly, IT IS ORDERED , that the Petition for Rule Making, RM-11670, filed by Big Cat Broadcasting, LLC, IS DISMISSED. 6. 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 Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. Section 801(a)(1)(A) because the proposed rule is dismissed, herein.) 7. IS FURTHER ORDERED, that this proceeding IS TERMINATED. 8. For further information concerning this proceeding, contact Deborah A. Dupont, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION Nazifa Sawez Assistant Chief Audio Division Media Bureau