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 Federal  Communications  Commission  DA  01-  1186 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Amendment  of  Section  73.202(  b), 
 Table  of  Allotments, 
 FM  Broadcast  Stations. 
 (Cadiz  and  Oak  Grove,  Kentucky) 


 )  ) 
 )  ) 
 )  ) 
 ) 


 MM  Docket  No.  93-  314 
 RM-  8396 


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  May  9,  2001  Released:  May  11,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  The  Allocations  Branch  has  before  it  an  Application  for  Review  filed  by  Southern 
 Broadcasting  Corporation  (“  Southern  Broadcasting”)  directed  to  the  staff  Memorandum  Opinion  and 
 Order  in  this  proceeding.  11  FCC  Rcd  22208  (1996).  Ham  Broadcasting  Company,  Inc.  (“  Ham 
 Broadcasting”)  filed  a  Request  to  Suspend  Processing  and  a  Withdrawal  of  Request  for  Channel 
 Allotment.  For  the  reasons  discussed  below,  we  are  setting  aside  our  earlier  action  in  this  proceeding 
 modifying  the  license  of  Station  WKDZ-  FM,  Cadiz,  Kentucky,  to  specify  operation  on  Channel  293C3  at 
 Oak  Grove,  Kentucky.  We  are  also  dismissing  the  Application  for  Review. 


 Background 
 2.  At  the  request  of  Ham  Broadcasting,  licensee  of  Station  WKDZ-  FM,  Channel  292A,  Cadiz, 
 Kentucky,  the  Report  and  Order  substituted  Channel  293C3  for  Channel  292A,  reallotted  Channel  293C3 
 to  Oak  Grove,  Kentucky,  and  modified  the  Station  WKDZ-  FM  license  to  specify  operation  on  Channel 
 293C3  at  Oak  Grove.  10  FCC  Rcd  10785  (1995).  Southern  Broadcasting  filed  a  Petition  for 
 Reconsideration  directed  to  that  Report  and  Order.  In  its  Petition  for  Reconsideration,  Southern 
 Broadcasting  contended  that  Oak  Grove  was  dependent  upon  the  Clarksville  Urbanized  Area  and  not 
 entitled  to  consideration  as  a  first  local  service.  In  the  Memorandum  Opinion  and  Order,  we  denied  the 
 Petition  for  Reconsideration.  Southern  Broadcasting  filed  an  Application  for  Review.  Subsequently, 
 Ham  Broadcasting  filed  a  one-  step  application  (File  No.  BPH-  20000427ABE)  for  a  Channel  293C3 
 upgrade  for  Station  WKDZ-  FM  at  Cadiz.  That  action  is  now  final.  Ham  Broadcasting  has  now  filed  a 
 Withdrawal  of  Request  for  Channel  Allotment  pertaining  to  the  earlier  Channel  293C3  allotment  at  Oak 
 Grove.  In  accordance  with  Section  1.420(  j)  of  the  Commission’s  Rules,  Ham  Broadcasting  has  filed  a 
 declaration  that  it  has  neither  received  nor  been  promised  any  consideration  in  exchange  for  this 
 withdrawal.  In  view  of  this  withdrawal  and  the  grant  of  the  one-  step  application,  we  are  setting  aside  our 
 action  in  this  proceeding  upgrading  Station  WKDZ-  FM  to  Channel  293C3  at  Oak  Grove,  Kentucky.  We 
 are  also  dismissing  the  Application  for  Review. 


 3.  Accordingly,  IT  IS  ORDERED,  That  the  action  in  the  Report  and  Order  in  this  proceeding 
 substituting  Channel  293C3  for  Channel  292A  at  Cadiz,  Kentucky,  reallotting  Channel  293C3  to  Oak 
 Grove,  Kentucky,  and  modifying  the  license  of  station  WKDZ-  FM  to  specify  operation  on  Channel 
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 Federal  Communications  Commission  DA  01-  1186 
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 293C3  at  Oak  Grove,  Kentucky,  IS  HEREBY  SET  ASIDE. 
 4.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  Application  for  Review  filed  by 
 Southern  Broadcasting  Corporation  IS  DISMISSED. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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