Federal Communications Commission FCC 21M-07 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) VANDALIA MEDIA PARTNERS 2, LLC ) MB Docket No. 21- 118 Application for Renewal of License ) File No. 0000115315 Station WJEH(AM), Gallipolis, OH ) Facility ID No. 70692 ORDER TERMINATING PROCEEDING Issued: May 19, 2021 Released: May 19, 2021 1. On April 2, 2021, the FCC s Media Bureau initiated this hearing proceeding to determine whether the above-captioned application for renewal of license of WJEH(AM), Gallipolis, Ohio, should be granted or denied in light of the station s record of extended silence and reduced power.1 The licensee, Vandalia Media Partners 2, LLC (Vandalia), filed a timely Notice of Appearance as required by section 1.221(c) of the Commission s rules, and an initial status conference was held on April 28, 2021.2 On May 17, 2021, Vandalia filed a request withdrawing its Notice of Appearance and seeking dismissal of its application for renewal.3 The Enforcement Bureau responded on May 18, 2021, that it does not object to dismissal of the application and termination of this hearing.4 2. Section 1.221(c) of the Commission s rules, 47 CFR § 1.221(c), directs that when an application has been designated for hearing, the applicant must file a written appearance within 20 days indicating that the applicant will present evidence and appear at the hearing. Where an applicant fails to do so, section 1.221(c) provides that the application will be dismissed with prejudice for failure to prosecute. Vandalia s withdrawal of its Notice of Appearance has the same effect as if it was never filed. As a result, its renewal application is dismissed and this hearing is terminated. 3. Accordingly, IT IS ORDERED that, pursuant to Section 1.221(c) of the Commission s rules, 47 CFR § 1.221(c), the above-captioned application IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the hearing proceeding in the above-captioned matter IS TERMINATED. 1 Vandalia Media Partners 2, LLC, Hearing Designation Order and Notice of Opportunity for Hearing, MB Docket No. 21-118, DA 21-384 (rel. Apr. 2, 2021). 2 Vandalia Media Partners 2, LLC, Order Summarizing Initial Status Conference, MB Docket No. 21-118, FCC 21M-05 (rel. Apr. 29, 2021). 3 Vandalia Media Partners 2, LLC, Request to Withdraw Notice of Appearance and Request for Dismissal of Renewal Application, MB Docket No. 21-118 (filed May 17, 2021). 4 Enforcement Bureau s Response to Vandalia Media Partners 2, LLC s Request to Withdraw Notice of Appearance and For Dismissal of Renewal Application, MB Docket No. 21-118 (filed May 18, 2021). Federal Communications Commission FCC 21M-07 FEDERAL COMMUNICATIONS COMMISSION Jane Hinckley Halprin Administrative Law Judge 2