Federal Communications Commission DA 10-141 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. (Chester, Georgia) ) ) ) ) ) ) MB Docket No. 09-179 RM-11568 REPORT AND ORDER (Proceeding Terminated) Adopted: January 27, 2010 Released: January 29, 2010 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division considers herein the Notice of Proposed Rule Making1 issued at the request of Georgia Eagle Broadcasting, Inc. (“Petitioner”), proposing the allotment of Channel 244A at Chester, Georgia, as its first local transmission service. Petitioner filed a Request for Dismissal of Rulemaking (“Request”) and its associated application.2 It claims that no consideration was received in conjunction with its request to withdraw. No counterproposals or other comments were received in response to this Notice. For the reasons discussed below, we are dismissing the Petition for Rule Making. 2. We will grant Petitioner’s Request to dismiss its rulemaking Petition because the requirements of Section 1.420(j) of the Commission’s Rules have been met.3 Petitioner has demonstrated that no consideration has been or will be received in exchange for its withdrawal. Furthermore, we will not allot Channel 244A at Chester, Georgia because no other expression of interest has been filed for the proposed allotment. 3. Accordingly, IT IS ORDERED, That the Petition for Rule Making filed by Georgia Eagle Broadcasting, Inc., IS DISMISSED. Additionally, the FCC Form 301, File No. BNPH-20090820ADR, IS DISMISSED. 4. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the proposed rule was dismissed. 5. IT FURTHER ORDERED, That the aforementioned proceeding IS TERMINATED. 1 See Chester, Georgia, Notice of Proposed Rule Making, 24 FCC Rcd 12897 (MB 2009) (Notice). 2 File No. BNPH-20090820ADR. 3 47 C.F.R. § 1.420(j) Federal Communications Commission DA 10-141 2 6. 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