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FM Table of Allotments, Water Mill and Noyack, New York

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Released: August 29, 2014
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Federal Communications Commission

DA 14-1254

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Amendment of Section 73.202(b),

)

MB Docket No. 03-44

Table of Allotments,

)

RM-10650

FM Broadcast Stations.

)

RM-11396

(Water Mill and Noyack, New York)

)

)

ORDER

Adopted: August 28, 2014

Released:

August 29, 2014

By the Chief, Audio Division, Media Bureau:

1.

The Audio Division has before it: (1) an Application for Review of the Reconsideration

Decision1 in this proceeding filed October 9, 2008, by Sacred Heart University (“SHU”), licensee of

noncommercial educational (“NCE”) Station WSUF(FM), Noyack, New York, and FM translator

W277AB, Noyack, New York; (2) a Withdrawal of Application for Review filed August 5, 2014, by

SHU; and (3) various related pleadings.2

I.

BACKGROUND

2.

SHU filed Comments and Counterproposal in response to the Notice of Proposed Rule

Making in this proceeding3 that proposed the allotment of Channel 277A at Water Mill, New York. SHU

suggested that Channel 233A be allotted in lieu of Channel 233A to protect its translator W277AB at

Noyack. Alternatively, SHU proposed the allotment of Channel *277A at Noyack, the reservation of this

channel for NCE use, and the modification of SHU’s license for Station WSUF(FM) from Channel

210B1 to Channel *277A at Noyack in order to improve its coverage area.

3.

In the Report and Order,4 we allotted Channel 233A at Water Mill as an alternate channel

but did not otherwise address SHU’s Counterproposal. In the Reconsideration Decision, we deleted the

allotment of Channel 233A at Water Mill because of a procedural defect in the Petition for Rule Making

and supporting documents. We also dismissed SHU’s Counterproposal as a prohibited alternative

proposal.

Finally, we announced a new Downgrade Policy that requires nonadjacent lower class

modifications to be subjected to the solicitation of other expressions of interest and an equivalent

alternative channel be available for those interests.5

1 Water Mill and Noyack, New York, Memorandum Opinion and Order, 23 FCC Rcd 12790 (MB 2008)

(“Reconsideration Decision”).

2 These pleadings include: (1) a Motion to Accept Supplement and a Supplement filed November 21, 2008, by SHU;

and (2) a Motion to Accept Second Supplement and Second Supplement to Application for Review filed May 28,

2009, by SHU.

3 Water Mill, New York, Notice of Proposed Rule Making, 18 FCC Rcd 2387 (MB 2003).

4 Water Mill and Noyack, New York, Report and Order, 21 FCC Rcd 1150 (MB 2006).

5 See Reconsideration Decision, 23 FCC Rcd at 12794-96 (paras. 14-17).

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Federal Communications Commission

DA 14-1254

4.

SHU requests approval for the withdrawal of its Application for Review. SHU states

that, due to the length of time that the proceeding has been pending, circumstances have changed with

respect to SHU’s plans. SHU also submits an Affidavit, certifying that it has not received nor will receive

any consideration in exchange for this withdrawal.

II.

DISCUSSION

5.

We believe that it would serve the public interest to approve the withdrawal of SHU’s

Application for Review because it will resolve a proceeding that has been pending for ten years.6 We also

find that the withdrawal complies with Section 1.420(j)7 because SHU will not receive any monetary or

other consideration in exchange for its withdrawal.

6.

ACCORDINGLY, IT IS ORDERED, that the Withdrawal of Application for Review

filed by Sacred Heart University IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

Peter H. Doyle

Chief, Audio Division

Media Bureau

6 See, e.g., Stanley Group Broadcasting, Inc., Order, 4 FCC Rcd 8031, 8032 (OGC 1989) (approving on delegated

authority a settlement agreement and dismissal of Application for Review); Family Broadcasting, Inc., Order to

Show Cause, 25 FCC Rcd 7591, 7593 (2010) (noting staff dismissal of Application for Review under delegated

authority).

7 47 C.F.R. § 1.420(j).

2

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