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 Federal  Communications  Commission  DA  05-  2932 
 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.  (Americus  and  Oglethorpe,  Georgia) 


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 MB  Docket  No.  04-  328  RM-  11046 
 RM-  11235 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  November  4,  2005  Released:  November  7,  2005 
 By  the  Assistant  Chief,  Audio  Division,  Media  Bureau: 
 1.  The  Audio  Division  has  before  it  a  Joint  Petition  for  Reconsideration  filed  on  behalf  of  Southern  Broadcasting  Companies  (“  Southern  Broadcasting”)  and  Radio  Georgia,  Inc.  (collectively 
 “Petitioners”),  directed  to  the  Report  and  Order  issued  in  this  proceeding.  1  No  comments  or  oppositions  were  filed  in  response  to  the  Joint  Petition  for  Reconsideration. 


 2.  Background.  At  the  request  of  SSR  Communications,  Inc.,  the  Report  and  Order  allotted  Channel  295A  at  Americus,  Georgia,  as  its  third  local  FM  commercial  service.  The  Report  and 
 Order  also  dismissed  a  counterproposal  filed  by  Southern  Broadcasting,  requesting  the  allotment  of  Channel  295A  at  Oglethorpe,  Georgia  because  Southern  Broadcasting  voluntarily  withdrew  its  expression 
 of  interest  in  this  allotment. 
 3.  Petition  for  Reconsideration.  In  the  Joint  Petition  for  Reconsideration,  the  Petitioners  refer  to  “Supporting  Reply  Comments”  filed  by  SSR  Communications  in  MB  Docket  No.  05-  106,  which 


 states  that  SSR  Communications  now  believes  that  the  public  interest  would  be  better  served  by  the  proposed  allotment  of  Channel  295A  at  Plains,  Georgia,  rather  than  Channel  295A  at  Americus,  Georgia. 
 In  this  regard,  Southern  Broadcasting  states  that  the  proposed  allotment  of  Channel  295A  at  Plains,  Georgia,  as  its  first  local  service,  which  was  requested  in  a  counterproposal  in  MB  Docket  No.  05-  106,  is 
 preferred  over  the  Channel  295A  allotted  in  this  proceeding  at  Americus,  Georgia,  as  its  third  local  FM  commercial  service.  Therefore,  the  Petitioners  request  that  we  set  aside  the  Report  and  Order  in  this 
 proceeding. 
 4.  Discussion.  Reconsideration  is  warranted  only  if  the  Petitioner  set  forth  error  of  fact  or  law,  or  presents  new  facts  or  changed  circumstances  which  raise  substantial  or  material  questions  of  fact 


 which  otherwise  warrant  reconsideration  of  the  prior  action.  There  are  no  errors  of  fact  or  law  in  this  instance.  As  such,  we  find  no  reason  to  set  aside  the  Report  and  Order  in  this  proceeding.  SSR 
 Communications  filed  reply  comments  in  a  separate  proceeding  in  MB  Docket  No.  05-  106,  stating  its  belief  that  a  Channel  295A  allotment  at  Plains  would  better  serve  the  public  interest.  However,  pursuant 
 to  1.420(  j)  of  the  Commission’s  rules,  SSR  Communications  did  not  file  any  documentation  withdrawing  its  expression  of  interest  in  the  Americus  allotment  in  this  proceeding.  Furthermore,  the  SSR 
 Communications  reply  comments  in  MB  Docket  No.  05-  106  were  filed  nearly  seven  months  after  the 


 1  See  Americus  and  Oglethorpe,  Georgia,  20  FCC  Rcd  10959  (MB  2005).  In  the  caption,  the  Petitioners 
 inadvertently  state  ‘Joint  Petition  for  Consideration’  instead  of  Joint  Petition  for  Reconsideration. 
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 Federal  Communications  Commission  DA  05-  2932 
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 October  18,  2004,  comment  deadline  in  this  proceeding.  In  view  of  the  above  and  the  fact  that  a  Channel  295A  allotment  at  Americus  is  in  the  public  interest,  we  deny  the  Joint  Petition  for  Reconsideration. 
 5.  The  Commission  will  not  send  a  copy  of  this  Order  pursuant  to  the  Congressional  Review  Act,  see  5  U.  S.  C.  §  801(  a)(  1)(  A),  because  the  aforementioned  Petition  for  Consideration  was 
 denied. 
 6.  IT  IS  FURTHER  ORDERED  That  the  Petition  for  Reconsideration  filed  by  the  Petitioners  IS  DENIED. 


 7.  IT  IS  FURTHER  ORDERED,  That  the  aforementioned  proceeding  IS  TERMINATED. 
 8.  For  further  information  concerning  this  proceeding,  contact  Rolanda  F.  Smith,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 John  A.  Karousos  Assistant  Chief 
 Audio  Division  Media  Bureau 
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