**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 04-402         |
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| Amendment of Section 73.202(b),  | ** | RM-11087                     |
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| FM Table of Allotments,          | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| Wyoming)                         | *) |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: June 8, 2005 Released: June 10, 2005**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a *Notice of Proposed Rule Making*
("*Notice*")[^1], issued at the request of Mountain States Radio, Inc.
("Petitioner"),[^2] proposing the allotment of Channel 285C2 at
Encampment, Wyoming, as that community's first local aural transmission
service. In addition, Petitioner proposed to substitute FM Channel 229C2
for FM Channel 285C2 at Station KRRR(FM), Cheyenne, Wyoming, and to
further substitute FM Channel 285C2 for vacant channel 229A at Cheyenne,
Wyoming. Petitioner and Dday[^3] filed comments in response to the
*Notice*. No other comments or expressions of interest were received in
response to the *Notice*. After the record was closed, Petitioner filed
a Motion to Dismiss in which it requested that the above-referenced rule
making proceeding be dismissed.

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 a new allotment to a
community absent a *bona fide* expression of interest. Therefore, we
grant Petitioner's request to dismiss the Cheyenne and Encampment rule
making.[^4]

3\. This document is not subject to the Congressional Review Act. (The
Commission, is, therefore, not required to submit a copy of this Report
and Order to GAO, pursuant to the Congressional Review Act, *see* 5
U.S.C. Section 801(a)(1)(A), because this proposed rule is dismissed
herein.)

4\. Accordingly, IT IS ORDERED, That this rule making proceeding IS
TERMINATED.

5\. For further information concerning this proceeding, contact R.
Barthen Gorman, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

[^1]: *See Cheyenne and Encampment,Wyoming,* 19 FCC Rcd 20889 (MB 2004).

[^2]: Brahmin Broadcasting Corporation is the current licensee of
    Station KRRR(FM), Channel 285C2, Cheyenne, Wyoming, and replaces
    Mountain States Radio, Inc. as the Petitioner in this case.

[^3]: Dday states that it is qualified to bid on FM Channel 258A, in FM
    Market FM357, Saratoga, Wyoming, in FM Auction 37. Dday argues that
    an allotment of FM Channel 285C2 at Encampment would lessen the
    value and commercial viability of Channel 258A, at Saratoga,
    Wyoming. The Commission does not rule on such matters. Rather,
    auction bidders are free to consider these matters if they so
    choose.

[^4]: Pursuant to Section 1.420(j) of the Commission's Rules, Petitioner
    provided a declaration stating that neither Petitioner nor any of
    its principals has received or will receive any consideration in
    connection with the withdrawal of its expression of interest in this
    proceeding.