$//MO&O, FM B/C STAS. (Perry, Cross City, Holiday, Avon Park, Sarasota, and Live Oak, FL, Thomasville, GA) DA 94-1594 //$ $/73.202, FM Table of Allotments/$ ///new job/// $///DA 94-1594,12/29/94///$ DA 94-1594 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 87-455 Table of Allotments, ) RM-5899 FM Broadcast Stations. ) RM-6223 (Perry, Cross City, Holiday, ) RM-6224 Avon Park, Sarasota, and Live ) RM-6225 Oak, Florida; and Thomasville, ) RM-6226 Georgia) ) RM-7111 MEMORANDUM OPINION AND ORDER Adopted: December 27, 1994 Released: January 5, 1995 By the Chief, Policy and Rules Division: 1. The Commission has before it a Motion for Severance and Suggestion of Grant filed by Women in Florida Broadcasting, Inc., licensee of Station WDFL, Channel 292A, Cross City, Florida, directed to the Report and Order in this proceeding, 4 FCC Rcd 5599 (1989). For the reasons discussed below, we are granting the requested relief. 2. The Report and Order upgraded Station WDFL to specify operation on Channel 295C1. Included among the related actions was our denial of a separate proposal by Sarasota FM, Inc., ("Sarasota FM"), licensee of Station WSRZ, Channel 292A, Sarasota, to upgrade Station WSRZ to specify operation on Channel 293C2. In a subsequent Memorandum Opinion and Order, 7 FCC Rcd 2557 (1992), we denied the Petition for Reconsideration filed by Sarasota FM. Thereafter, Sarasota FM filed an Application for Review directed to our denial of its Petition for Reconsideration. 3. Under Section 1.420(f) of the Commission's Rules, the upgrade for Station WSRZ at Cross City is stayed pending the final resolution of the Sarasota FM Application for Review. See Arlington, Texas, 6 FCC Rcd 2050, 2051 n.2 (Comm. 1991). The Application for Review is not directed to the Station WDFL upgrade or any action that could impact on this upgrade. As a result, we believe that there is no longer any need to stay the effectiveness of the Channel 295C1 upgrade at Cross City. See Thomasville, Georgia, 5 FCC Rcd 7602 (1990). In any event, the grant of the application to implement this upgrade will be without prejudice and expressly conditioned upon the ultimate outcome of this proceeding. 4. Accordingly, IT IS ORDERED, That the aforementioned Motion for Severance and Suggestion of Grant filed by Women in Florida Broadcasting, Inc., IS GRANTED to the extent indicated above. FEDERAL COMMUNICATIONS COMMISSION Douglas W. Webbink Chief, Policy and Rules Division Mass Media Bureau