**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 01-257

Table of Allotments, ) RM-10267

FM Broadcast Stations. )

(Bad Axe, Michigan) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: February 12, 2003 Released: February 18, 2003**

By the Assistant Chief, Audio Division:

1\. The Audio Division considers herein the *Notice of Proposed Rule
Making*[^1](*"*Notice*"*) which includes the captioned proceeding. As
indicated below, the Notice set forth eight separate proposals to allot
an FM channel to specific communities. Charles Crawford ("Petitioner"),
requested the allotment of Channel 231A at Bad Axe, Michigan, as that
community's second local FM transmission service. Petitioner filed
supporting comments in response to the *Notice,* followed by a motion to
withdraw the Bad Axe, Michigan proposal*.* [^2] A counterproposal was
submitted by Edward Czelada.[^3] No other comments were received.

2\. 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. Therefore, since the Petitioner has
requested his withdrawal from the proceeding, and no other expressions
of interest were filed for proposed Channel 231A at Bad Axe, Michigan,
we will dismiss the Petitioner's proposal, as requested.

3\. In view of the above, IT IS ORDERED, That the petition for rule
making filed by Charles Crawford proposing the allotment of Channel 231A
at Bad Axe, Michigan (RM-10267), IS DISMISSED.

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

5\. For further information concerning this proceeding, contact Nancy
Joyner, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos Assistant Chief, Audio Division

> Media Bureau

[^1]: *See Atoka, Oklahoma,* MM Docket No. 01-254; *Wright City,
    Oklahoma*, MM Docket No. 01-255; *Benevides, Texas,* MM Docket No.
    01-256; *Bad Axe, Michigan,* MM Docket No. 01-257; *Bearden,
    Arkansas,* MM Docket No. 01-258; *Grandin, Missouri,* MM Docket No.
    01-259; *Pawhuska, Oklahoma,* MM Docket No. 01-260*,* and *Early,
    Texas*, MM Docket No. 01-261*,* 16 FCC Rcd 17072 (M.M. Bur. 2001).
    The proposals set forth in the multiple *Notice* were not mutually
    exclusive with each other. A separate *Report and Order* has been
    issued in the Benavides, Texas proceeding, 17 FCC 2d 12800 (M.M.
    Bur. 2002), as well as the rule making requests at Bearden,
    Arkansas, 17 FCC 2d 12798 (M.M. Bur. 2002), and Grandin, Missouri,
    17 FCC Rcd 12810 (M.M. Bur. 2002). In light of developments that
    have occurred in the Bad Axe, Michigan, proceeding, as noted
    *infra*, we are deciding MM Docket No. 01-257 separately from the
    remaining docketed proceedings contained in the Notice.

[^2]: Petitioner's motion to dismiss was filed consistent with the
    requirements of Section 1.420(j) of the Commission's Rules (47
    C.F.R. § 1.420(j)). Petitioner stated in his affidavit that he did
    not receive any consideration in connection with the requested
    dismissal of his petition for rulemaking at Bad Axe, Michigan.

[^3]: ^?^ Czelda's counterproposal incorporated interrelated dockets
    (*i.e.*, MM Docket Nos . 01-220, 01-230, 01-231, 01-232, and
    01-257). Czelda did not commit to apply for an alternate channel
    proposal at Bad Axe, Michigan. Therefore, the counterproposal was
    defective and not placed on public notice. While it is unnecessary
    to discuss Czelda's counterproposal in this proceeding, it remains
    to be addressed in each of the other enumerated dockets listed
    above.