Delisting Determination,The Nasdaq Stock Market, Inc.,
October 17, 2006, MediaBay, Inc. The Nasdaq Stock Market, Inc.
(the Exchange) has determined to remove from listing the
common stock of MediaBay, Inc. (the Company), effective at
the opening of the trading session on October 27, 2006.
Based on a review of the information provided by the
Company, Nasdaq Staff determined that the Company no longer
qualified for listing on the Exchange as it failed to
comply with the following Marketplace Rules:  4450(a)(3).
The Company was notified of the Staff's determination on
September 13, 2006. The Company did not appeal the Staff
determination to the Listing Qualifications Hearings Panel,
and the Staff determination to delist the Company became
final on September 22, 2006.