******************************************************** 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. 96-244 Table of Allotments, ) RM-8936 FM Broadcast Stations. ) (Madison, Indiana) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 19, 1997 Released: March 28, 1997 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 11 FCC Rcd (1996), adopted November 29, 1996 (DA 96-1995), issued in response to a petition for rule making filed on behalf of Edward E. Guinn ("petitioner") proposing the allotment of Channel 266A to Madison, Indiana, as that community's second local FM transmission service. Petitioner filed supporting comments in response to the Notice. Additional expressions of interest in the allotment of Channel 266A to Madison were filed individually on behalf of Madison Radio Company ("MRC") and by Rod Burbridge ("Burbridge"). A joint request was filed subsequently by the petitioner, MRC and Burbridge ("joint petitioners") to withdraw the petition for rule making and the supporting comments. 2. In support of the withdrawal request, the joint petitioners advise that the proposed allotment of Channel 266A to Madison, Indiana, if granted, would conflict with an area broadcast station's opportunity to improve its facilities. Therefore, the joint petitioners have elected to withdraw their respective expressions of interest in filing for proposed Channel 266A at Madison. 3. As stated in the Notice, a showing of continuing interest is required before a channel will be allotted. Based upon the joint petitioners' request to withdraw their interest in pursuing the proposed allotment of Channel 266A to Madison, Indiana, and in accordance with Commission policy, we will grant the request. See Alexander City, Alabama and West Point, Georgia, 9 FCC Rcd 2823 (1994); Joshua Tree, California, 4 FCC Rcd 3801 (1989); and paragraph 2 of the Appendix to the Notice. 4. In view of the above, IT IS ORDERED, That the petition for rule making filed on behalf of Edward E. Guinn (RM-8936), requesting the allotment of FM Channel 266A to Madison, Indiana, IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau