Radio Broadcasting Services; Brookline, Missouri

This document dismisses as moot a Petition for Reconsideration filed by Lake Broadcasting, licensee of Station KBMX(FM), Channel 270A, Eldon, Missouri and permittee of Station KFXE(FM), Channel 271A, Cuba Missouri, of the Report and Order in this proceeding, which allotted Channel 271 at Brookline, Missouri, as a first local service. See 60 FR 62219 published December 5, 1995. Lake had argued that the Brookline allotment prejudices Lake's reconsideration petition in MM Docket 89- 120 for an upgrade of its Eldon station, but the staff ruled that the Brookline petition was moot in view of the Commission's revocation of Lake's license for its Eldon and other stations, the affirmance by the U.S. Court of Appeals for the DC Circuit, and the denial of certirorari by the U.S. Supreme Court and in view of the Commission's dismissal of Lake's reconsideration petition in MM Docket 89-120. This document also denies Lake's motion to set aside the Report and Order, holding that the Brookline allotment is valid even though the original rulemaking proponent did not file an application for the allotment because four other parties did file applications. With this action, the proceeding is terminated.