*Pages 1--2 from Microsoft Word - 44785.doc* Federal Communications Commission DA 04- 3849 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Section 73.202( b), FM Table of Allotments, FM Broadcast Stations. (Fair Bluff, North Carolina, Litchfield Beach, Johnsonville and Olanta, South Carolina) ) ) ) ) ) ) ) ) MM Docket No. 00- 226 RM- 10001 MEMORANDUM OPINION AND ORDER Adopted: December 15, 2004 Released: December 17, 2004 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it a Joint Petition for Reconsideration of the Report and Order 1 in this proceeding, filed by Atlantic Broadcasting Co., Inc. (“ Atlantic”), permittee of Station WSIM( FM), Channel 287C3, Fair Bluff, North Carolina, and The Waccamaw Neck Broadcasting Company (“ Waccamaw”), licensee of Station WPDT( FM), Channel 286A, Johnsonville, South Carolina. Root Communications License Company, LP filed an opposition. The Report and Order denied Waccamaw’s proposed reallotment of Channel 286A from Johnsonville, South Carolina, to Olanta, South Carolina, and the modification of Station WPDT( FM) ’s license to reflect the new community. It denied Atlantic’s proposed reallotment of Channel 287C3 from Fair Bluff, North Carolina, to Litchfield Beach, South Carolina, modification of Station WSIM( FM) ’s license to reflect the new community, because it depended on Waccamaw’s proposed reallotment. Subsequently, Waccamaw withdrew its participation in this proceeding by requesting that the Commission dismiss its proposal. This dismissal is fatal to the remaining proposal. In view of this dismissal, there is no basis to go forward with the underlying proposal or the Joint Petition for Reconsideration. 2. IT IS ORDERED That the Joint Petition for Reconsideration filed by Atlantic Broadcasting Co., Inc., and The Waccamaw Neck Broadcasting IS DISMISSED. 3. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Memorandum and Opinion and Order to GAO, pursuant to the Congressional Review Act, see 5 U. S. C. Section 801( a)( 1)( A) because the aforementioned petition for reconsideration was dismissed. 1 Fair Bluff, North Carolina, Litchfield Beach, Johnsonville and Olanta, South Carolina, 16 FCC Rcd 18088 (2001). 1 Federal Communications Commission DA 04- 3849 2 4. IT IS FURTHER ORDERED That this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 2