Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 96-203 Table of Allotments, ) RM-8871 FM Broadcast Stations. ) (Augusta, Gibson and Thomson, Georgia)) REPORT AND ORDER (Proceeding Terminated) Adopted: January 27, 1999 Released: February 5, 1999 By the Chief, Allocations Branch: 1. At the request of Wilks Broadcast Acquisitions, Inc. ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 11 FCC Rcd 12702 (1996), proposing the substitution of Channel 269C3 for Channel 272A at Augusta, Georgia, and the modification of its license for Station WEKL to specify the higher powered channel. To accommodate the allotment at Augusta, the Notice also proposed that Channel 232A be substituted for Channel 269A at Thomson, Georgia, the license of Station WTHO be modified to specify the alternate Class A channel, and that vacant and unapplied-for Channel 232A be deleted from Gibson, Georgia. Comments supporting the proposal were filed by the petitioner. No other comments were received. 2. Our Notice proposing the upgrade at Augusta and the substitution of channels at Thompson was predicated on the deletion of vacant and then-unapplied for Channel 232A at Gibson. However, as stated in the Notice, Channel 232A would be retained at Gibson if an intent to apply for the channel was expressed during the initial comment period. On September 16, 1996, an application (BPH-960916ME) for a construction permit for the Gibson channel was filed by Joseph A. Ranke ("Ranke") but the petitioner, in its comments, provided a letter from Ranke, dated November 22, 1996, withdrawing his application. However, on January 15, 1998, Ranke filed another letter with the Commission seeking to withdraw his application dismissal request, indicating that he is terminating the agreement and intends to prosecute the application. On January 25, 1999, the Commission granted Ranke's request to withdraw his dismissal request and returned the application (BPH-960916ME) to pending status. 3. It is Commission policy not to delete a channel in which interest has been expresed. Since an application for the use of Channel 232A at Gibson has been filed, the basis for the deletion is no longer valid. Thus, since the allotment of Channel 269C3 at Augusta requires the deletion of the Gibson allotment, we are compelled to dismiss petitioner's proposal. See, Woodville, Mississippi, and Clayton, Louisiana, 9 FCC Rcd 2769 (1994). 4. Accordingly, IT IS ORDERED, That the petition for rule making filed by Wilks Broadcast Acquisitions, Inc. to substitute Channel 269C3 for Channel 272A at Augusta, Georgia, substitute Channel 232A for Channel 269A at Thomson, Georgia, and delete Channel 232A at Gibson, Georgia, IS DISMISSED. 5. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to the licensee of Station WTHO, as follows: Camellia City Communications, Station WTHO, 788 Cedar Rock Road, N.W., P.O. Box 900, Thomson, GA 30824. 6. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 7. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180.10. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau