******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 98-22 Table of Allotments, ) RM-9183 FM Broadcast Stations. ) (DeRuyter and Chittenango, New York)) REPORT AND ORDER (Proceeding Terminated) Adopted: March 17, 1999 Released: March 26, 1999 By the Chief, Allocations Branch: 1. At the request of Cram Communications, LLC ("petitioner), the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 4332 (1998), proposing the reallotment of Channel 286B from DeRuyter to Chittenango, New York, as the community's first local aural transmission service, and the modification of Station WVOA's license to specify Chittenango as its community of license. Comments and reply comments were filed by the petitioner and by Cox Radio, Inc. ("Cox"), the licensee of radio stations in the Syracuse radio market. After the record closed, the petitioner filed a letter stating it no longer intends to pursue the change of community and withdraws its petition for rule making. 2. As stated in 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 an allotment to a community absent an expression of interest. In this case, since the petitioner no longer intends to pursue the reallotment of its channel from DeRuyter to Chittenango, we shall dismiss the proposal. See, e.g., Joshua Tree, California, 4 FCC Rcd 3801 (1989), Bridport, Vermont, 5 FCC Rcd 6172 (1990), and paragraph 2 of the Appendix to the Notice. 3. In view of the above, IT IS ORDERED, That the petition of Cram Communications, LLC (RM-9183), requesting the reallotment of Channel 286B from DeRuyter to Chittenango, New York, IS DISMISSED. 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau