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 Federal  Communications  Commission  FCC  04-  116 
 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.  (Northwye,  Cuba,  Waynesville, 
 Lake  Ozark,  and  Eldon,  Missouri) 


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 MM  Docket  No.  89-  120 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  May  20,  2004  Released:  May  26,  2004 
 By  the  Commission: 
 1.  The  Commission  has  before  it  a  petition  for  reconsideration  of  its  prior  order  in  this  proceeding,  1  filed  by  Lake  Broadcasting,  Inc.  (“  Lake),  the  former  licensee,  inter  alia,  of  Station 
 KBMX(  FM),  Channel  270A,  Eldon,  Missouri.  No  oppositions  or  replies  were  filed. 
 2.  Lake’s  request  to  upgrade  the  class  of  Station  KBMX(  FM)  was  previously  denied  in  this  proceeding.  2  Thereafter,  two  petitions  for  reconsideration  of  this  action  were  dismissed  as  moot,  and  an 


 application  for  review  was  denied  because  the  license  for  Station  KBMX(  FM),  Eldon,  Missouri,  as  well  as  the  other  stations  licensed  to  Lake  or  controlled  by  its  principal  shareholder,  Michael  Rice,  had  been 
 revoked  due  to  a  lack  of  character  qualifications,  and  the  revocations  had  become  final.  3 
 3.  Lake’s  latest  petition  for  reconsideration,  which  was  filed  in  May,  2002,  argues  that  the  Commission  erred  in  dismissing  its  Eldon  upgrade  proposal  as  moot.  The  petition  relies  upon  two  court 


 appeals  of  the  Commission’s  denial  of  Lake’s  request  for  equitable  relief  to  reopen  the  revocation  proceeding  4  ,  contending  that,  until  these  cases  are  decided,  it  is  premature  to  dismiss  the  reconsideration 
 petition  in  this  proceeding  as  moot.  Lake  requests  that  its  petition  for  reconsideration  in  MM  Docket  89-  120  be  held  in  abeyance  pending  the  outcome  of  judicial  review.  However,  in  March,  2003,  the  United 
 States  Court  of  Appeals  for  the  D.  C.  Circuit  denied  these  appeals,  affirming  the  Commission’s  determination  that  no  relevant  information  not  previously  available  and  no  evidence  of  fraud  or 
 misconduct  had  been  presented  that  would  warrant  reopening  a  final  proceeding.  5  In  view  of  this 
 1  Northwye,  Cuba,  Waynesville,  Lake  Ozark,  and  Eldon,  Missouri,  17  FCC  Rcd  7585  (2002)  (“  MO&  O”). 
 2  Northwye,  Cuba,  Waynesville,  Lake  Ozark,  and  Eldon,  Missouri,  7  FCC  Rcd  1449  (MMB  1992). 
 3  Northwye,  Cuba,  Waynesville,  Lake  Ozark,  and  Eldon,  Missouri,  16  FCC  Rcd  7982  (MMB  2001),  recon. 
 dismissed,  16  FCC  Rcd  19423  (MMB  2001),  app.  for  rev.  denied,  17  FCC  Rcd  7585  (2002).  See  also  Contemporary  Media,  Inc.  v.  FCC,  214  F.  3d  187  (D.  C.  Cir.  2000),  cert.  denied,  532  U.  S.  920  (2001)  (Mem). 


 4  See  Michael  S.  Rice,  17  FCC  Rcd  7111  (2002). 
 5  Rice  v.  FCC,  60  Fed.  Appx.  332  (D.  C.  Cir.  2003). 
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 Federal  Communications  Commission  FCC  04-  116 
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 decision,  Lake’s  latest  petition  for  reconsideration  may  be  dismissed  as  moot. 
 4.  Accordingly,  IT  IS  ORDERED,  That  the  petition  for  reconsideration  filed  by  Lake  Broadcasting,  Inc.,  IS  DISMISSED  AS  MOOT. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 
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