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 Federal  Communications  Commission  DA  01-  1017 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 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)  ) 
 ) 

 MEMORANDUM  OPINION  AND  ORDER 
 (Proceeding  Terminated) 

 Adopted:  April  16,  2001  Released:  April  20,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  for  consideration  a  Petition  for  Reconsideration 
 (  reconsideration)  of  its  Report  and  Order  (  R&  O),  in  this  proceeding,  10  FCC  Rcd  13035  (1995), 
 filed  by  Lake  Broadcasting,  Inc.  (  Lake),  licensee  of  Station  KBMX(  FM),  Eldon,  Missouri,  permittee 
 of  Station  KFXE(  FM),  Cuba,  Missouri,  and  an  applicant  for  a  new  FM  broadcast  station  on  Channel 
 244A  at  Bourbon,  Missouri.  1  We  will  dismiss  as  moot  Lakes  reconsiderat  ion  pet  it  ion  given  t  hat 
 Lakes  license  for  Station  KBMX  (FM)  and  its  construction  permit  for  station  KFXE(  FM)  have  been 
 revoked  with  finality.  The  U.  S.  Supreme  Court  denied  certiorari  in  Lakes  appeal  of  the  revocation  of 
 its  licenses  and  construction  permits.  See  Contemporary  Media,  Inc.,  et  al.,  v.  Federal 
 Communications  Commission,  214  F.  3d  187  (D.  C.  Cir.  2000),  cert.  Denied,  532  U.  S.  ______  (2001). 

 2.  The  Commission  issued  a  Notice  of  Proposed  Rule  Making  and  Order  to  Show  Cause 
 (  Notice)  6  FCC  Rcd  7214  (1991),  in  response  to  a  petition  filed  by  Turtle  Broadcasting  Co.  of 
 Branson  (  Turtle).  Turtle  proposed  the  substitution  of  Channel  292C2  for  Channel  292C3  at 
 Branson,  Missouri,  and  modification  of  its  construction  permit  for  Station  KRZK(  FM)  to  specify 
 operation  on  Channel  292C2  The  Notice  also  proposed  the  substitution  of  Channel  223A  for  Channel 
 293A  at  Mountain  Grove,  Missouri,  and  the  modification  of  the  license  for  Station  KCMG-  FM  and  the 
 substitution  of  Channel  221A  for  Channel  222A  at  Ava,  Missouri,  and  modification  of  the  license  for 
 station  KKOZ-  FM.  The  Report  and  Order  (  R&  O)  granted  the  requested  substitutions  at  Branson, 
 Ava  and  Mountain  Grove,  Missouri. 

 3.  Lake  s  reconsideration  petition  alleges  that  the  R&  O  erroneously  allotted  Channel  221A  to 
 Ava,  Missouri,  which  if  affirmed,  would  foreclose  Lakes  ability  to  upgrade  Station  KBMX  to  Channel 

 1  The  petition  for  reconsideration  was  put  on  Public  Notice  on  January  26,  1996,  Report  No.  2119. 
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 Federal  Communications  Commission  DA  01-  1017 
 270C1  at  Eldon  as  proposed  in  MM  Docket  No.  89-  120,  7  FCC  Rcd  1449  (1992)  and  4  FCC  Rcd 
 4900  (1989).  Lake  further  argues  that  there  is  no  public  interest  justification  for  taking  any  actions  in 
 this  proceeding  which  will  predet  ermine  the  out  come  of  Docket  89-  120  in  a  manner  that  will  be 
 permanently  detrimental  to  Lakes  aspirations  to  obtain  a  Class  C1  upgrade  for  Station  KBMX  at 
 Eldon.  Lake  contends  that  this  proceeding  should  be  held  in  abeyance  pending  the  outcome  of  the 
 proposed  allotment  of  Channel  221A  at  Waynesville,  Missouri,  in  Docket  89-  120. 

 4.  Subsequent  t  o  Lakes  filing  of  its  reconsiderat  ion  pet  it  ion,  however,  Michael  Rice,  holder  of  all 
 issued  stock  in  Lake  and  its  president,  was  convicted  of  the  felonies  of  deviate  sexual  assault  and 
 sodomy  of  minors  and  sentenced  to  a  total  of  eight  years.  Accordingly,  the  Commission  issued  an 
 Order  to  Show  Cause  and  Not  ice  of  Apparent  Liabilit  y  (  OSC),  10  FCC  Rcd  13,685  (1995),  as  to 
 why  Lakess  license  for  Eldon  Station  KBMX(  FM)  and  its  construction  permit  for  unbuilt  Cuba 
 Station  KFXE(  FM)  should  not  be  revoked,  and  why  its  pending  application  for  a  new  FM  station  on 
 Channel  244A  at  Bourbon,  Missouri,  should  not  be  denied.  2  The  OSC  also  directed  that  all  pending 
 rulemaking/  reallocation  requests  that  had  been  filed  by  Lake  were  to  be  held  in  abeyance.  Therefore, 
 we  refrained  from  taking  action  regarding  Lakes  petition  for  reconsideration  in  this  proceeding.  In 
 considering  the  facts  adduced  at  a  hearing,  however,  the  Commission  affirmed  the  decision  of  an 
 Administrative  Law  Judge  [12  FCC  rcd  14,254  (1997)]  and  stated  that, 

 the  misconduct  in  this  case  was  extremely  serious,  involving  egregious 
 criminal  act  s  by  Licensees  sole  owner  and  repeat  ed  misrepresent  at  ions  by 
 the  Licensees  designed  to  minimize  the  effect  of  Rices  criminal  record  on 
 t  heir  qualificat  ions.  Cumulat  ively,  the  evidence  of  misconduct  warrant  s  a 
 conclusion  that  the  Licensees  lack  the  requisite  character  traits  of  truthfulness 
 and  reliabilit  y  to  ret  ain  their  aut  horizat  ions. 

 13  FCC  Rcd  14,460  (1998),  recon.  denied,  14  FCC  Rcd  8790  (1999).  As  related  above,  the 
 Commissions  actions  were  affirmed  by  the  U.  S.  Circuit  Court  of  Appeals  in  the  D.  C.  Circuit,  and  the 
 U.  S.  Supreme  Court  denied  certiorari. 

 5.  In  light  of  these  developments,  Lakes  petition  for  reconsideration  in  this  proceeding  will  be 
 dismissed  as  moot  because  Lakes  authorizations  for  the  Eldon  and  Cuba  stations  have  been  revoked 
 and  because  we  recently  dismissed  Lakes  petition  for  reconsideration  in  MM  Docket  No.  89-  120.  See 
 MO&  O,  DA  No.  01-  930,  released  April  13,  2001. 

 6.  Accordingly,  IT  IS  ORDERED,  That  the  petition  for  reconsideration  filed  by  Lake 
 Broadcasting,  Inc.  IS  DISMISSED  AS  MOOT. 

 2  The  OSC  also  applied  to  licenses  held  by  Contemporary  media,  Inc.  for  Station  WBOW(  AM),  WBFX(  AM)  and 
 WZZQ(  FM),  all  Terre  Haute,  Indiana;  to  the  license  held  by  Contemporary  Broadcassting,  inc.  for  KFMZ(  FM), 
 olumbia,  Missouri;  and  to  its  construction  permit  for  KAAM-  FM,  Huntsville,  Missouri. 
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 Federal  Communications  Commission  DA  01-  1017 
 7.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Mass  Media 
 Bureau,  (202)  418-  2181. 

 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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