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 Federal  Communications  Commission  FCC  01-  324 
 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. 
 (Anniston  and  Ashland,  Alabama,  and  College 
 Park,  Covington,  Milledgeville  and 
 Social  Circle,  Georgia) 


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 MM  Docket  No.  98-  112 
 RM-  9027 
 RM-  9268 
 RM-  9384 


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  November  2,  2001  Released:  November  8,  2001 
 By  the  Commission: 
 1.  The  Commission  has  before  it  a  Petition  for  Reconsideration  and  Request  for  Protection  filed  by 
 Preston  Small  directed  to  the  staff  Memorandum  Opinion  and  Order  in  this  proceeding.  16  FCC  Rcd  3411 
 (2001).  WNNX  LICO,  Inc.  filed  an  Opposition  to  Petition  for  Reconsideration.  Preston  Small  filed  a 
 Reply  to  Opposition  to  Petition  for  Reconsideration.  We  have  thoroughly  reviewed  the  staff  Memorandum 
 Opinion  and  Order  as  well  as  the  earlier  Report  and  Order,  15  FCC  Rcd  9971  (2000),  and  find  that  there 
 are  no  errors  of  law  or  new  facts  that  would  warrant  reversing  the  staff  action.  Accordingly,  we  deny  the 
 Petition  for  Reconsideration  and  Request  for  Protection.  1 


 2.  We  would  also  like  to  address  the  reference  by  Preston  Small  to  a  decision  in  which  the  staff 
 denied  a  proposal  filed  by  the  previous  licensee  of  Station  WHMA,  Anniston,  Alabama,  to  reallot  Channel 
 263C1  from  Anniston  to  Sandy  Springs,  Georgia,  located  within  the  Atlanta  Urbanized  Area.  Eatonton  and 
 Sandy  Springs,  Georgia,  and  Anniston  and  Lineville,  Alabama,  6  FCC  Rcd  6580  (1991),  app.  for  review 
 dismissed,  12  FCC  Rcd  8392  (1997),  app.  for  review  dismissed,  13  FCC  Rcd  2104  (1998).  Even  though 
 that  decision  does  not  address  the  merits  of  the  College  Park  reallotment  proposal,  also  located  within  the 
 Atlanta  Urbanized  Area,  that  action  is  distinguishable  and  does  not  support  a  finding  that  College  Park  is 
 not  entitled  to  allocation  of  a  first  local  service.  Specifically,  the  earlier  Sandy  Springs  proposal  would 
 have  resulted  in  interference  to  reception  of  FM  radio  service  by  18,662  persons.  Moreover,  Sandy 
 Springs  was  not  incorporated,  received  all  of  its  governmental  services  from  either  Atlanta  or  Fulton 


 1  The  “Request  for  Protection”  concerns  the  fact  that  Preston  Small  filed  an  identical  Petition  for  Reconsideration 
 on  March  12,  2001.  The  staff  Memorandum  Opinion  and  Order  was  published  in  the  Federal  Register  on  March 
 14,  2001.  66  Fed.  Reg.  14862  (published  March  14,  2001).  In  the  event  the  earlier  Petition  for  Reconsideration 
 was  deemed  to  be  “somehow  premature,”  Preston  Small  filed  the  instant  Petition  for  Reconsideration  and  Request 
 for  Protection  on  March  30,  2001.  In  this  Petition  for  Reconsideration  and  Request  for  Protection,  Preston  Small 
 also  states  that  if  the  staff  considers  this  pleading  to  be  repetitious,  that  it  be  referred  to  the  Commission  as  an 
 Application  for  Review.  The  Petition  has  been  referred  to  the  Commission  and  is  being  considered  as  an 
 Application  for  Review. 
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 Federal  Communications  Commission  FCC  01-  324 
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 County,  and  many  of  the  Sandy  Springs  civic  organizations  listed  Atlanta  addresses.  In  contrast,  the 
 Memorandum  Opinion  and  Order  in  this  case  correctly  concluded  that  the  College  Park  proposal  meets  the 
 criteria  set  forth  in  Faye  and  Richard  Tuck,  3  FCC  Rcd  5374  (1998),  with  respect  to  suburban 
 communities  seeking  allocation  of  a  first  local  service.  Furthermore,  as  stated  in  the  staff  Report  and 
 Order,  15  FCC  Rcd  9971  (2000),  the  College  Park  proposal  will  result  in  the  elimination  of  a  57.  1-kilometer 
 short-  spacing  to  Station  WUSY,  Cleveland,  Tennessee,  and  a  1.  8-  kilometer  short-  spacing  to 
 Station  WVNA-  FM,  Tuscumbia,  Alabama.  The  elimination  of  the  short-  spacing  with  Station  WUSY  will 
 also  eliminate  interference  to  Station  WUSY  reception  for  2,306  persons  within  an  area  of  115  square 
 kilometers.  The  College  Park  proposal  will  result  in  no  new  interference. 


 3.  Accordingly,  IT  IS  ORDERED,  That  the  aforementioned  Petition  for  Reconsideration  and  Request 
 for  Protection  filed  by  Preston  Small  IS  DENIED. 


 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 5.  For  further  information  concerning  this  proceeding,  contact  Robert  Hayne,  Mass  Media 
 Bureau,(  202)  418-  2177. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Magalie  Roman  Salas 
 Secretary 
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