Federal Communications Commission DA 14-1254
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.
(Water Mill and Noyack, New York)
)
)
)
)
)
)
)
MB Docket No. 03-44
RM-10650
RM-11396
ORDER
Adopted:  August 28, 2014 Released: August 29, 2014
By the Chief, Audio Division, Media Bureau:
1. The Audio Division has before it: (1) an Application for Review of the Reconsideration 
Decision
1
in this proceeding filed October 9, 2008, by Sacred Heart University (“SHU”), licensee of 
noncommercial educational (“NCE”) Station WSUF(FM), Noyack, New York, and FM translator 
W277AB, Noyack, New York; (2) a Withdrawal of Application for Review filed August 5, 2014, by 
SHU; and (3) various related pleadings.
2
I. BACKGROUND
2. SHU filed Comments and Counterproposal in response to the Notice of Proposed Rule 
Making in this proceeding
3
that proposed the allotment of Channel 277A at Water Mill, New York.  SHU 
suggested that Channel 233A be allotted in lieu of Channel 233A to protect its translator W277AB at 
Noyack.  Alternatively, SHU proposed the allotment of Channel *277A at Noyack, the reservation of this 
channel for NCE use, and the modification of SHU’s license for Station WSUF(FM) from Channel 
210B1 to Channel *277A at Noyack in order to improve its coverage area. 
3. In the Report and Order,
4
we allotted Channel 233A at Water Mill as an alternate channel 
but did not otherwise address SHU’s Counterproposal.  In the Reconsideration Decision, we deleted the 
allotment of Channel 233A at Water Mill because of a procedural defect in the Petition for Rule Making 
and supporting documents.  We also dismissed SHU’s Counterproposal as a prohibited alternative 
proposal. Finally, we announced a new Downgrade Policy that requires nonadjacent lower class 
modifications to be subjected to the solicitation of other expressions of interest and an equivalent 
alternative channel be available for those interests.
5
    
                                                     
1
Water Mill and Noyack, New York, Memorandum Opinion and Order, 23 FCC Rcd 12790 (MB 2008) 
(“Reconsideration Decision”).
2
These pleadings include: (1) a Motion to Accept Supplement and a Supplement filed November 21, 2008, by SHU; 
and (2) a Motion to Accept Second Supplement and Second Supplement to Application for Review filed May 28, 
2009, by SHU. 
3
Water Mill, New York, Notice of Proposed Rule Making, 18 FCC Rcd 2387 (MB 2003).
4
Water Mill and Noyack, New York, Report and Order, 21 FCC Rcd 1150 (MB 2006).
5
See Reconsideration Decision, 23 FCC Rcd at 12794-96 (paras. 14-17).
Federal Communications Commission DA 14-1254
2
4. SHU requests approval for the withdrawal of its Application for Review.  SHU states 
that, due to the length of time that the proceeding has been pending, circumstances have changed with 
respect to SHU’s plans.  SHU also submits an Affidavit, certifying that it has not received nor will receive 
any consideration in exchange for this withdrawal.
II. DISCUSSION
5. We believe that it would serve the public interest to approve the withdrawal of SHU’s 
Application for Review because it will resolve a proceeding that has been pending for ten years.
6
  We also 
find that the withdrawal complies with Section 1.420(j)
7
because SHU will not receive any monetary or 
other consideration in exchange for its withdrawal.
6. ACCORDINGLY, IT IS ORDERED, that the Withdrawal of Application for Review 
filed by Sacred Heart University IS GRANTED.  
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau
                                                     
6
See, e.g., Stanley Group Broadcasting, Inc., Order, 4 FCC Rcd 8031, 8032 (OGC 1989) (approving on delegated 
authority a settlement agreement and dismissal of Application for Review); Family Broadcasting, Inc., Order to 
Show Cause, 25 FCC Rcd 7591, 7593 (2010) (noting staff dismissal of Application for Review under delegated 
authority). 
7
47 C.F.R. § 1.420(j).