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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

                                )
In the Matter of                )
                                )
Amendment of Section 73.202(b)  )  MM Docket No. 97-189
Table of Allotments,            )  RM-9135
FM Broadcast Stations.          )
(Nassawadox, Virginia)          )
                                )
                                 
                   MEMORANDUM OPINION AND ORDER
                     (Proceeding Terminated)

   Adopted:  August 5, 1998               
     Released:  August 14, 1998  

By the Chief, Policy and Rules Division:

     1.  The Commission has before it the Petition for Reconsideration filed by Ken Robol
("petitioner"), of the Report and Order, 13 FCC Rcd 2985 (1998), which dismissed a petition for rule
making for lack of an expression of interest in filing an application for the proposed allotment.

     2.  Petitioner submitted a petition for rule making requesting the allotment of FM Channel
252A to Nassawadox, Virginia, as the community's first local aural transmission service.  A Notice
of Proposed Rule Making was adopted on August 20, 1997, indicating comments should be filed on
or before October 20, 1997.  According to petitioner, he inadvertently failed to file supporting
comments expressing his continuing interest in the proposed allotment.  Petitioner contends that this
failure does not reflect a lack of such intention on its part and now states that it has every intention
of applying for the channel and if authorized, will promptly build a station at Nassawadox.

     3.  We believe that the public interest would be served by allotting Channel 252A at
Nassawadox, Virginia, since it would provide the community with its first local service.  Inasmuch
as the channel would have been allotted in the Report and Order  had it not been for lack of an
expression of interest, we believe that a revisiting  of our earlier decision is warranted.  Had this been
a contested proceeding involving other competing proposals, we would not have favorably considered
this petition for reconsideration.  However, since this proceeding is uncontested, we believe that
expending the Commission's administrative resources to issue a  new Notice of Proposed Rule
Making would delay service to Nassawadox and not serve the public interest.  Channel 252A can be
allotted to Nassawadox, Virginia, in compliance with the Commission's minimum distance separation
requirements without the imposition of a site restriction. 

     4.  Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r)
and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283
of the Commission's Rules,  IT IS ORDERED, That effective September 28, 1998, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the community listed
below, to read as follows:
     Community                               Channel No.
                                        
     
     Nassawadox, Virginia                               252A

     5.  A filing window for Channel 252A at Nassawadox, Virginia, will not be opened at this
time.  Instead, the issue of opening a filing window for this channel will addressed by the Commission
in a subsequent order. 

     6.  IT IS FURTHERED ORDERED That the petition for reconsideration filed by Ken Robol
IS GRANTED.

     7.  IT IS FURTHER ORDERED That this proceeding IS TERMINATED.

     8.  For further information concerning this proceeding contact Arthur D. Scrutchins, Mass
Media Bureau, (202) 418-2180.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Charles W.  Logan
                         Chief, Policy and Rules Division
                         Mass Media Bureau