*Pages 1--2 from  Microsoft Word - 49279.doc*
 Federal  Communications  Commission  DA  05-  1614 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Amendment  of  Section  73.  202(  b),  FM  Table  of  Allotments, 
 FM  Broadcast  Stations.  (Cheyenne  and  Encampment,  Wyoming) 

 )  ) 
 )  ) 
 )  ) 
 ) 

 MB  Docket  No.  04-  402  RM-  11087 

 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  communitys  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  Commissions  policy  to  refrain  from  making  a  new  allotment  to  a 

 community  absent  a  bona  fide  expression  of  interest.  Therefore,  we  grant  Petitioners  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. 
 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  Commissions  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. 
1
 Federal  Communications  Commission  DA  05-  1614 
 2 
 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 
2