as required by our rules. We find that Business has failed to produce clear and convincing evidence that Complainant authorized a carrier change." Therefore, we find that Business's actions resulted in an unauthorized change in Complainant's telecommunications service provider and we discuss Business's liability below.15

5.

16

Business must remove all charges incurred for service provided to Complainant for the first thirty days after the alleged unauthorized change in accordance with the Commission's liability rules. We have determined that Complainant is entitled to absolution for the charges incurred during the first thirty days after the unauthorized change occurred and neither MCI, Inc. nor Business may pursue any collection against Complainant for those charges." Any charges imposed by Business on the subscriber for service provided after this 30day period shall be paid by the subscriber to their authorized carrier at the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change."

18

6. Accordingly, IT IS ORDERED that, pursuant to Section 258 of the Communications Act of 1934, as amended, 47 U.S.C. § 258, and Sections 0.141, 0.361 and 1.719 of the Commission's rules, 47 C.F.R. §§ 0.141, 0.361, 1.719, the complaint filed by Complainant against Business IS GRANTED.

7. IT IS FURTHER ORDERED that, pursuant to Section 64.1170(d) of the Commission's rules, 47 C.F.R. § 64.1170(d), Complainant is entitled to absolution for the charges incurred during the first thirty days after the unauthorized change occurred and neither MCI, Inc. nor Business may pursue any collection against Complainant for those charges.

15

If Complainant is unsatisfied with the resolution of this complaint, Complainant may file a formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R. § 1.721. Such filing will be deemed to relate back to the filing date of Complainant's informal complaint so long as the formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to Complainant. See 47 C.F.R. § 1.719.

8.

IT IS FURTHER ORDERED that this Order is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

Nancy A. Stevenson, Deputy Chief
Consumer Policy Division

Consumer & Governmental Affairs Bureau

1. The Audio Division has before it Notices of Proposed Rule Making, specified below, setting forth two separate proposals to allot an FM channel to a specific community. Each petitioner filed comments in support of its proposal reaffirming its intention to apply for the specified channel, if allotted. Each proposal complies with all Commission technical requirements and we continue to believe that each proposal would serve the public interest. Accordingly, we adopt each proposal as originally proposed. These are as follows:

A. MB Docket No. 05-117: RM-11182

Action: At the request of Charles Crawford, we are allotting Channel 267A at Colfax, Louisiana, as that community's first local aural transmission service.

Coordinates: The reference coordinates for Channel 267A at Colfax are 31-27-53 North Latitude and 9249-44 West Longitude.

Additional Information: The allotment requires a site restriction of 13.0 kilometers (8.1 miles) southwest of Colfax, Louisiana. Colfax is an incorporated community with a 2000 U.S. Census population of 1,659 persons.

FCC Contact: R. Barthen Gorman (202) 418-2180

Colfax, Louisiana, et al., 20 FCC Rcd 6013 (MB 2005).

B. MB Docket No. 05-119; RM-11184

Action: At the request of Charles Crawford, we are allotting Channel 256A at Moody, Texas, as that community's first local aural transmission service.

Coordinates: The reference coordinates for Channel 256A at Moody are 31-17-03 North Latitude and 97-26-35 West Longitude.

Additional Information: This allotment requires a site restriction of 8.7 kilometers (5.4 miles) west of Moody, Texas. Moody is an incorporated city with a 2000 U.S. Census population of 1,400 persons.

FCC Contact: R. Barthen Gorman (202) 418-2180

2. Accordingly, pursuant to the authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b), and 47 C.F.R. Sections 0.61, 0.204(b) and 0.283, IT IS ORDERED, That effective August 15, 2005, the FM Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED, with respect to the communities listed below, to read as follows:

3. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

4. The window period for filing applications for these allotments will not be opened at this time. Instead, the issue of opening these allotments for auction will be addressed by the Commission in a subsequent order.

5. IT IS FURTHER ORDERED, That the aforementioned proceedings ARE TERMINATED.

6. For further information concerning a specific docket, contact the FCC Contact listed above for that docket.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division
Media Bureau

2

1. The Audio Division considers herein the Notice of Proposed Rule Making (“Notice”), issued at the request of Charles Crawford ("Petitioner"), requesting the allotment of Channel 251A at Maysville, Oklahoma, as its first local service. Petitioner and Okie Broadcasting filed comments. Katherine Pyeatt filed a counterproposal. Petitioner, Okie Broadcasting and Katherine Pyeatt (“Pyeatt”) each filed a Request for Approval of Withdrawal of their respective expression of interest. No other comments or counterproposals were received in response to the Notice.

2. Background. The Notice proposed the allotment of Channel 251A at Maysville, Oklahoma, as its first local service at reference coordinates 39-49-00 NL and 97-24-18 WL. Petitioner filed comments reiterating its interest in Channel 251A at Maysville. Petitioner filed a Request for Approval of Withdrawal requesting to withdrawal his expression of interest in the proposed Maysville allotment.”

3. Okie Broadcasting filed comments supporting the proposed Maysville allotment. Okie Broadcasting states that it would file the necessary, if Channel 251A at Maysville was allotted. Okie Broadcasting filed a Request for Approval of Withdrawal requesting to withdrawal its expression of interest in the proposed Channel 251A at Maysville."

4. In response to the Notice, Pyeatt filed a counterproposal requesting the allotment of Channel 251A at Cromwell, Oklahoma, as its first local service. Pyeatt also requests a change in reference

2

Cromwell, Oklahoma has been added to the caption. See Public Notice, Report No. 2704 released April 22, 2005.
See Maysville, Oklahoma, 19 FCC Rcd 20894 (MB 2004).

3 Petitioner filed an affidavit pursuant to Section 1.420(j) of the Commission's rules, stating that there are no
agreements, written or oral, express or implied, relating to the withdrawal of his petition in this proceeding.
Moreover, Petitioner states that he has not been paid or promised any payment or other consideration in exchange
for the withdrawal of his interest.

* Paul Scott Alexander filed an affidavit pursuant to Section 1.420(j) of the Commission's rules, withdrawing the expression of interest filed by Okie Broadcasting. He states that there are no agreements, written or oral, express or implied, relating to Okie Broadcasting's withdrawal of expression of interest in this proceeding. Additionally, neither Okie Broadcasting nor any of its principals, agents, or representatives have been paid or promised any payment or other consideration in exchange for the withdrawal of its expression of interest.