[Federal Register Volume 64, Number 225 (Tuesday, November 23, 1999)]
[Notices]
[Page 65744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30544]
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SECURITIES AND EXCHANGE COMMISSION
Issuer Delisting; Notice of Application To Withdraw From Listing
and Registration; (MediaBay, Inc. (Formerly Audio Book Club, Inc.),
Common Stock, No Par Value) File No. 1-13469
November 17, 1999.
MediaBay, Inc. (formerly audio Book Club, Inc.) (``Company) has
filed an application with the Securities and Exchange Commission
(``Commission''), pursuant to Section 12(d) of the Securities Exchange
Act of 1934 (``Act'') and Rule 12d2-2(d) promulgated thereunder, to
withdraw the security specified above (``Security'') from listing and
registration on the American Stock Exchange LLC (``Amex'' or
``Exchange'').
The Security has been listed for trading on the Amex since October
23, 1997, and, pursuant to a Registration Statement on Form 8-A filed
with the Commission which became effective on November 12, 1999, has
been designated for quotation as a National Market Security on the
Nasdaq Stock Market, Inc. (``Nasdaq''). Trading in the shares of the
Security on the Nasdaq commenced at the opening of business on November
15, 1999.
On July 13, 1999, the Company's Board of Directors unanimously
approved a resolution authorizing the withdrawal of the Security from
listing on the Amex in conjunction with a commencement of trading on
the Nasdaq. The Company, in application to the Commission, explained
its desire to transfer trading in the security from the Amex to the
Nasdaq by citing the ability of multiple market makers on the Nasdaq to
provide better liquidity for the Security, as well as better visibility
for the Company, than the auction market system of the Amex had done.
The Company has complied with Amex Rule 18 by filing with the
Exchange a certified copy of the resolution adopted by its Board of
Directors authorizing the withdrawal of the Security from listing on
the Amex, and by setting forth in detail to the Exchange the reasons
and supporting facts for such proposed withdrawal. The amex has in turn
informed the Company that it would not interpose any objection to the
Company's application to withdraw its Security from listing and
registration on the Exchange.
The Company's application relates solely to withdrawal of its
Security from listing and registration on the Exchange and shall not
affect the Security's designation for quotation on the Nasdaq. By
reason of Section 12(g) of the Act and the rules and regulations of the
Commission thereunder, the company shall continue to be obligated by
the reporting requirements under Section 13 of the Act.
Any interested person may, on or before December 8, 1999, submit by
letter to the Secretary of the Securities and Exchange Commission, 450
Fifth Street, NW, Washington, DC 20549-0609, facts bearing upon whether
the application has been made in accordance with the rules of the
Exchange and what terms, if any, should be imposed by the Commission
for the protection of investors. The Commission, based on the
information submitted to it, will issue an order granting the
application after the date mentioned above, unless the Commission
determines to order a hearing on the matter.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
[FR Doc. 99-30544 Filed 11-22-99; 8:45 am]
BILLING CODE 8010-01-M
