**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 91-352

Table of Allotments, ) RM-7866

FM Broadcast Stations. )

(Ava, Branson and )

Mountain Grove, Missouri) )

)

**MEMORANDUM OPINION AND ORDER**

**(Proceeding Terminated)**

**Adopted: April 16, 2001 Released: April 20, 2001**

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it for consideration a Petition
for Reconsideration ("reconsideration") of its [Report and
Order]{.underline} ("[R&O]{.underline}"), in this proceeding, 10 FCC Rcd
13035 (1995), filed by Lake Broadcasting, Inc. ("Lake"), licensee of
Station KBMX(FM), Eldon, Missouri, permittee of Station KFXE(FM), Cuba,
Missouri, and an applicant for a new FM broadcast station on Channel
244A at Bourbon, Missouri.[^1] We will dismiss as moot Lake's
reconsideration petition given that Lake's license for Station KBMX (FM)
and its construction permit for station KFXE(FM) have been revoked with
finality. The U.S. Supreme Court denied certiorari in Lake's appeal of
the revocation of its licenses and construction permits.
[See]{.underline} [Contemporary Media, Inc., et al., v. Federal
Communications Commission]{.underline}, 214 F. 3d 187 (D.C. Cir. 2000),
[cert. Denied]{.underline}, 532 U.S. \_\_\_\_\_\_ (2001).

2\. The Commission issued a [Notice of Proposed Rule Making and Order to
Show Cause]{.underline} ("[Notice]{.underline}") 6 FCC Rcd 7214 (1991),
in response to a petition filed by Turtle Broadcasting Co. of Branson
("Turtle"). Turtle proposed the substitution of Channel 292C2 for
Channel 292C3 at Branson, Missouri, and modification of its construction
permit for Station KRZK(FM) to specify operation on Channel 292C2 The
[Notice]{.underline} also proposed the substitution of Channel 223A for
Channel 293A at Mountain Grove, Missouri, and the modification of the
license for Station KCMG-FM and the substitution of Channel 221A for
Channel 222A at Ava, Missouri, and modification of the license for
station KKOZ-FM. The [Report and Order]{.underline}
("[R&O]{.underline}") granted the requested substitutions at Branson,
Ava and Mountain Grove, Missouri.

3\. Lake's reconsideration petition alleges that the [R&O]{.underline}
erroneously allotted Channel 221A to Ava, Missouri, which if affirmed,
would foreclose Lake's ability to upgrade Station KBMX to Channel 270C1
at Eldon as proposed in MM Docket No. 89-120, 7 FCC Rcd 1449 (1992) and
4 FCC Rcd 4900 (1989). Lake further argues that there is no public
interest justification for taking any actions in this proceeding which
will predetermine the outcome of Docket 89-120 in a manner that will be
permanently detrimental to Lake's aspirations to obtain a Class C1
upgrade for Station KBMX at Eldon. Lake contends that this proceeding
should be held in abeyance pending the outcome of the proposed allotment
of Channel 221A at Waynesville, Missouri, in Docket 89-120.

4\. Subsequent to Lake's filing of its reconsideration petition,
however, Michael Rice, holder of all issued stock in Lake and its
president, was convicted of the felonies of deviate sexual assault and
sodomy of minors and sentenced to a total of eight years. Accordingly,
the Commission issued an [Order to Show Cause and Notice of Apparent
Liability]{.underline} ("[OSC]{.underline}"), 10 FCC Rcd 13,685 (1995),
as to why Lakes's license for Eldon Station KBMX(FM) and its
construction permit for unbuilt Cuba Station KFXE(FM) should not be
revoked, and why its pending application for a new FM station on Channel
244A at Bourbon, Missouri, should not be denied.[^2] The
[OSC]{.underline} also directed that all pending rulemaking/reallocation
requests that had been filed by Lake were to be held in abeyance.
Therefore, we refrained from taking action regarding Lake's petition for
reconsideration in this proceeding. In considering the facts adduced at
a hearing, however, the Commission affirmed the decision of an
Administrative Law Judge \[12 FCC rcd 14,254 (1997)\] and stated that,

the misconduct in this case was extremely serious, involving egregious

criminal acts by Licensees' sole owner and repeated misrepresentations
by

the Licensees designed to minimize the effect of Rice's criminal record
on

their qualifications. Cumulatively, the evidence of misconduct warrants
a

conclusion that the Licensees lack the requisite character traits of
truthfulness

and reliability to retain their authorizations.

13 FCC Rcd 14,460 (1998), [recon. denied]{.underline}, 14 FCC Rcd 8790
(1999). As related above, the Commission's actions were affirmed by the
U.S. Circuit Court of Appeals in the D.C. Circuit, and the U.S. Supreme
Court denied certiorari.

5\. In light of these developments, Lake's petition for reconsideration
in this proceeding will be dismissed as moot because Lake's
authorizations for the Eldon and Cuba stations have been revoked and
because we recently dismissed Lake's petition for reconsideration in MM
Docket No. 89-120. [See]{.underline} [MO&O]{.underline}, DA No. 01-930,
released April 13, 2001.

6\. Accordingly, IT IS ORDERED, That the petition for reconsideration
filed by Lake Broadcasting, Inc. IS DISMISSED AS MOOT.

7\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

8\. For further information concerning this proceeding, contact Kathleen
Scheuerle, Mass Media Bureau, (202) 418-2181.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: The petition for reconsideration was put on Public Notice on
    January 26, 1996, Report No. 2119.

[^2]: The OSC also applied to licenses held by Contemporary media, Inc.
    for Station WBOW(AM), WBFX(AM) and WZZQ(FM), all Terre Haute,
    Indiana; to the license held by Contemporary Broadcassting, inc. for
    KFMZ(FM), olumbia, Missouri; and to its construction permit for
    KAAM-FM, Huntsville, Missouri.