**Before the**

#########  Federal Communications Commission

**Washington, D.C. 20554**

In the Matter of )

) MM Docket No. 89-120

Amendment of Section 73.202(b), ) RM-6701

Table of Allotments, ) RM-6999

FM Broadcast Stations. ) RM-7000

(Northwye, Cuba, Waynesville, ) RM-7001

Lake Ozark and Eldon, Missouri) )

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 90-195

Table of Allotments, ) RM-7152

FM Broadcast Stations. )

(Brookline, Missouri) )

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) )

In the Matter of )

) MM Docket No. 92-214

Amendment of Section 73.202(b), ) RM-8061

Table of Allotments, ) RM-8144

FM Broadcast Stations. ) RM-8145

(Columbia, Bourbon, Leasburg, ) RM-8146

Gerald, Dixon, and Cuba, Missouri) ) RM-8147

**[MEMORANDUM OPINION AND ORDER]{.underline}**

(Proceedings Terminated)

**Adopted: October 31, 2001 ; Released: November 2, 2001**

By the Chief, Allocations Branch:

1.  The Allocations Branch has before it petitions for reconsideration
    filed by Lake Broadcasting, Inc. ("Lake") in four separate
    rulemaking proceedings. Because the petitions raise essentially the
    same issue, we consider them herein in a single order.

2.  Previously, we dismissed Lake's petitions for reconsideration in
    these four proceedings as moot.[^1] The basis for this determination
    was that the Commission revoked all of the stations licensed to Lake
    or controlled by its principal shareholder, Michael Rice. The U.S.
    Court of Appeals for the D.C. Circuit affirmed those actions, and
    the U.S. Supreme Court denied *certiorari*. *See* *Contemporary
    Media, Inc. et al., v. Federal Communications Commission*, 214 F. 3d
    187 (D.C. Cir 2000), *cert. denied*, \_\_\_ U.S. \_\_, 121 S.
    Ct.1355 (2001). Rice did not seek rehearing before the U.S. Supreme
    Court.

3.  Lake now argues that this determination of mootness was premature.
    In support of this position, Lake contends that, at the time the
    reconsideration petitions were filed, it continued to be authorized
    to operate its stations and that it intended to file with the
    Commission a request for extension of its operating authority and
    additional equitable relief. As a result, Lake requests that the
    staff withhold any dismissal action pending the Commission's
    ultimate resolution of its request for special equitable relief.

4.  We disagree that our dismissal of the four reconsideration petitions
    as moot was premature. In essence, those petitions sought upgrades
    for Lake's former license for Station KBMX(FM), Eldon, MO, and its
    former construction permit for Station KFXE-FM, Cuba, MO, and
    questioned our actions in some of these proceedings as prejudicial
    to its rulemaking requests. However, those stations cannot be
    upgraded because those authorizations were revoked, and those
    actions became final thirty days after the U.S. Supreme Court denied
    *certiorari*. In any event, the staff of the Mass Media Bureau
    recently denied Lake's request for special equitable relief, finding
    that it was "an untimely and collateral challenge to a proceeding
    that has been final since April 13, 2001, the deadline for seeking
    rehearing of the Supreme Court's denial of *certiorari*." [Public
    Notice]{.underline}, DA 01-1441, released July 3, 2001, at 5.
    Further, the Commission ordered Rice and his wholly-owned companies
    to cease broadcast operations of all of their formerly licensed
    stations no later than 11:59 PM on October 3, 2001.
    [See]{.underline} [Memorandum Opinion and Order]{.underline}, FCC
    01-300, released October 3, 2001. Under these circumstances, Lakes'
    petitions for reconsideration in the above-captioned proceedings no
    longer need be considered.

5.  Accordingly, the petitions for reconsideration filed by Lake
    Broadcasting, Inc. in the above-captioned proceedings ARE DENIED.

6.  IS FURTHER ORDERED, That these proceeding ARE TERMINATED.

.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division Mass Media Bureau

[^1]: The petitions for reconsideration in Docket Nos. 89-120, 90-195,
    91-352, and 92-214 were dismissed as moot in four separate
    [Memorandum Opinion and Orders]{.underline} at 16 FCC Rcd 7982
    (2001); 16 FCC Rcd 8698 (2001); 16 FCC Rcd 8701(2001); and 16 FCC
    Rcd 8704 (2001), respectively.