Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MM Docket No. 92-3           |
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| Amendment of Section 73.202(b),  | ) | RM-7874                      |
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| Table of Allotments,             | * | RM-7958                      |
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| FM Broadcast Stations.           | * |                              |
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**MEMORANDUM OPINION AND ORDER**

(Proceeding Terminated)

**Adopted:** December 6, 2000 **Released:** December 8, 2000

By the Chief, Allocations Branch:

1\. The Allocations Branch has before it a Petition for Reconsideration
filed jointly on behalf of multiple licensees ("petitioners") directed
to the [Report and Order]{.underline} in this proceeding.[^1] 7 FCC Rcd
6516 (1992). Schuyler H. Martin ("Martin") filed an Opposition to
Petition for Reconsideration and the petitioners filed a Reply. For the
reasons discussed below, we dismiss the Petition for Reconsideration.

[Background]{.underline}

2\. At the request of Danjon, Inc. ("Danjon"), the [Notice of Proposed
Rule Making]{.underline} in this proceeding proposed the allotment of
Channel 284A to Prineville, Oregon, as a first local service. 7 FCC Rcd
501 (1992). In response to the [Notice]{.underline}, Martin, former
permittee of Station KPXA, Channel 281A, Sisters, Oregon, filed a
Counterproposal. In that Counterproposal, Martin proposed the
substitution of Channel 281C1 for Channel 281A at Sisters, and
modification of his Station KPXA construction permit to specify
operation on Channel 281C1. Thereafter, Danjon withdrew its proposed
Channel 284A allotment at Prineville. In accordance with Section
1.420(j) of the Rules, Danjon stated that no consideration had been
received or promised for the withdrawal. In view of this withdrawal, the
[Report and Order]{.underline} upgraded Station KPXA to specify
operation on Channel 281C1. In the Petition for Reconsideration directed
against the [Report and Order]{.underline}, the petitioners contend that
an investigation is warranted into the conduct of Danjon and Martin
concerning the filing of the Petition for Rule Making and the
Counterproposal. According to the petitioners, these filings were an
abuse of the Commission processes orchestrated by Danjon and Martin in
order to achieve a Station KPXA upgrade in this proceeding without
subjecting this upgrade to competing proposals.

3\. We dismiss the Petition for Reconsideration. At this time, neither
Danjon nor Martin has any relationship with this proceeding or with
Station KPXA. As stated earlier, Danjon has dismissed its proposal
pursuant to Section 1.420(j) of the Rules. In a separate context, on
January 14, 2000, the Station KPXA construction permit was assigned from
Martin to Thunderegg Wireless, L.L.C. (File No. BAPH-981009GE). Both of
those actions are now final. Thereafter, on September 29, 2000,
Thunderegg Wireless was granted a one-step application to modify the
Station KPXA construction permit to specify operation on Channel 281C2.
That action is also final. That modification supersedes the action in
this proceeding upgrading Station KPXA to specify operation on Channel
281C1. In view of that action and the fact that there is no allegation
directed Thunderegg Wireless, there is no issue that needs to be
resolved in this proceeding regarding either Thunderegg Wireless or the
current Station KPXA authorization.

4\. Accordingly, IT IS ORDERED, That the aforementioned Petition for
Reconsideration jointly filed by the previously listed Oregon licensees
IS HEREBY DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS
TERMINATED. 6. For further information concerning this proceeding,
contact Robert Hayne, Mass Media Bureau, (202) 418-2177. FEDERAL
COMMUNICATIONS COMMISSION John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: These licensees are Central Oregon Broadcasting, Inc., licensee of
    Station KBND, Bend, Oregon, and Station KLRR, Redmond, Oregon;
    Redmond Broadcast Group, Inc., licensee of Stations KPRB and KSJJ,
    Redmond, Oregon; Highlakes Broadcasting Company, licensee of
    Stations KRCO and KIJK-FM, Prineville, Oregon; JJP Broadcasting,
    Inc., licensee of Station KQAK, Bend, Oregon; Oak Broadcasting,
    Inc., licensee of Stations KGRL and KXIQ, Bend, Oregon; Sequoia
    Communications. Licensee of Station KICE, Bend, Oregon; and The
    Confederate Tribes of Warm Springs Reservation of Oregon, licensee
    of Station KTWS, Bend, Oregon, and Station KTWI, Warm Springs,
    Oregon.