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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Section 73.202(b), )  MM Docket No.  99-335
Table of Allotments,            )  RM-9771
FM Broadcast Stations.          )
(Lindale, Texas )               )
                                     

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted: February 16, 2000           Released:  February 25, 2000     

     By the Chief, Allocations Branch:
     
     1.   In response to a petition filed by Caf‚ Broadcasting, Inc. ("Caf‚"), the Commission has before it
 for consideration the Notice of Proposed Rule Making, DA 99-2582, released November 22, 1999,
 requesting the allotment of Channel 239A at Lindale, Texas.  Caf‚ filed comments restating its interest
 in an allotment at Lindale. No other comments were received in response to the Notice in this
 proceeding.
     
     2.    On February 9, 2000, Caf‚ filed comments withdrawing its interest in an allotment at Lindale. 
 Caf‚'s comments were filed in compliance with Section 1.420(j) of the Commission's Rules.  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 Cafe has stated that it no longer intends to pursue an allotment at Lindale
 and no other parties have expressed an interest in the allotment, 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 for Rule Making filed by Cafe
 Broadcasting, Inc. (RM-9771), requesting the allotment of Channel 239A at Lindale, Texas, IS
 DISMISSED.
     
     4.   IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
     
     
 
 
 
 
5.  For further information concerning this proceeding, contact Kathleen Scheuerle, Mass Media
Bureau, (202) 418-2180.                
          
          
                                   FEDERAL COMMUNICATIONS COMMISSION
     
     
     
                                   John A. Karousos
                                   Chief, Allocations Branch
                                   Policy and Rules Division
                                   Mass Media Bureau