******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 90-318 Table of Allotments, ) RM-7311 FM Broadcast Stations. ) RM-7516 (Chillicothe, Forest, Lima, New Washington,) Peebles, and Reynoldsburg, Ohio)) ) MEMORANDUM OPINION AND ORDER (Proceeding Terminated) Adopted: January 6, 1999 Released: January 15, 1999 By the Chief, Policy and Rules Division: 1. The Commission has before it for consideration a Petition for Reconsideration filed by Pearl Broadcasting, Inc. ("Pearl"), licensee of Station WKKJ, Channel 227B, Chillicothe, Ohio, directed to the Report and Order, in this proceeding, 12 FCC Rcd 13710 (1996). Thereafter, Pearl filed a Request for Dismissal of Petition for Reconsideration. For the reasons below, we dismiss the Petition for Reconsideration. 2. The Report & Order denied a proposal by Pearl to reallot Channel 227B from Chillicothe to Reynoldsburg, Ohio, and modify its Station WKKJ license to specify Reynoldsburg as the community of license. In doing so, we denied waiver of Section 73.207 of the Commission's Rules (minimum distance separation between stations). In denying this waiver, we found that the proposed allotment would create new interference, that there would be an almost equal gain and loss in population served and that the allotment would not provide service to any unserved or underserved area. Finally, we determined that the proposal would also result in approximately 110,000 persons losing service. Consequently, we denied the waiver request and the concomitant reallotment of Channel 227B from Chillicothe to Reynoldsburg. 3. On December 9, 1998, Pearl Broadcasting, Inc. filed a Request for Dismissal of Petition for Reconsideration. As required by Section 1.420(j) of the Rules, Pearl Broadcasting filed a statement that no party to the proceeding was paid or promised to pay Pearl any consideration in connection with the request for dismissal. We will dismiss the Petition for Reconsideration. 4. Accordingly, IT IS ORDERED That the aforementioned Petition for Reconsideration filed by Pearl Broadcasting, Inc. IS DISMISSED. 5. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 6. 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