[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