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Asbury and Maquoketa, Iowa, et. al, FM Table of Allotments.

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Released: April 2, 2012

Federal Communications Commission

DA 12-512

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Amendment of Section 73.202(b),
)
MB Docket No. 08-150
Table of Allotments,
)
RM-11390
FM Broadcast Stations.
)
(Asbury and Maquoketa, Iowa, and Mineral Point, )
Wisconsin)
)

REPORT AND ORDER

(Proceeding Terminated)

Adopted: April 2, 2012

Released: April 2, 2012

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division considers herein the Notice of Proposed Rule Making and Order to Show
Cause,1 issued in response to a Petition for Rule Making (“Petition”) filed by KM Radio of
Independence, LLC (“KM”), licensee of Station KQMG-FM, Independence, Iowa. KM submitted its
Petition as part of a “hybrid” proposal,2 in conjunction with an application seeking to modify the channel,
location, and community of license for Station KQMG-FM, Independence, Iowa.3 For the reasons
discussed below, we dismiss the Petition, and we dismiss the Order to Show Cause as moot.
2.

Background.

The Notice and OSC propose the allotment of Channel 238A at Mineral Point,
Wisconsin, as its first local service. To accommodate the proposed Mineral Point allotment, the Notice
and OSC
propose the substitution of reserved Channel *254A for reserved vacant Channel *238A, at
Asbury, Iowa. The proposed Asbury channel substitution also would accommodate the contingent
Application for the substitution of Channel 236A for Channel 237A at Independence, Iowa, the
reallotment of Channel 236A from Independence, to Solon, Iowa, and the modification of the license of
Station KQMG-FM to reflect those changes. The Notice and OSC further direct Maquoketa Broadcasting
to show cause why the license of Station KMAQ(FM), Maquoketa, Iowa, should not be changed to
specify operation on Channel 237A rather than Channel 236A. While this rule making proceeding was
pending, the staff dismissed the Application by letter dated November 30, 2011. On January 4, 2012, KM
submitted a petition for reconsideration of the dismissal of its Application, and that petition for
reconsideration is being denied by letter issued simultaneously with this Report and Order.


1 See Asbury, Iowa, Maquoketa, Iowa, and Mineral Point, Wisconsin, Notice of Proposed Rule Making and Order to
Show Cause, 23 FCC Rcd 11118 (MB 2008) (“Notice and OSC”).
2 See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of
License in the Radio Broadcast Services,
Report and Order, 21 FCC Rcd 14212 (2006) (“Revision of Allocation
Procedures
”).
3 See File No. BPH-20070119AEI (“Application”).

Federal Communications Commission

DA 12-512

3.

Discussion.

Under the Commission’s rules, the Petition and Application are treated as
contingent filings. The dismissal of any component filing requires the dismissal of all the related filings.4
Because the Application has been dismissed, we therefore also dismiss KM’s Petition for Rule Making.
For the same reason, we dismiss as moot the Order to Show Cause issued to Maquoketa Broadcasting.
4.

Ordering Clauses.

Accordingly, IT IS ORDERED, That the Petition for Rule Making, RM-
11390, filed by KM Radio of Independence, LLC, IS DISMISSED.
5. IT IS FURTHER ORDERED, That the Order to Show Cause directing Maquoketa
Broadcasting to show cause why Station KMAQ(FM)’s license should not be changed to specify
operation on Channel 237A at Maquoketa, Iowa, IS DISMISSED AS MOOT.
6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
7. For further information concerning this proceeding, contact Deborah Dupont, (202) 418-7072.
FEDERAL COMMUNICATIONS COMMISSION
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau


4 See Revision of Allocation Procedures, 21 FCC Rcd at 14223, ¶ 17. See also 47 C.F.R. § 73.3517(e).
2

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