******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 90-44 Table of Allotments, ) RM-7123 FM Broadcast Stations. ) RM-7367 (East Los Angeles, Long Beach, and ) Frazier Park, California) ) MEMORANDUM OPINION AND ORDER (Proceeding Terminated) Adopted: February 25, 1998 Released: March 6, 1998 By the Chief, Policy and Rules Division: 1. The Commission has before it a Petition for Reconsideration ("Petition") of the Report and Order ("R&O") in the above-docketed proceeding, 10 FCC Rcd 2864 (1995), filed by Antelope Broadcasting Co., Inc. ("Antelope"), licensee of Station KAVS(FM), Channel 249A (97.7 MHz), Mojave, California. Spanish Broadcasting System of Florida, Inc. ("SBSF"), licensee of Station KLAX-FM, Channel 250B (97.9 MHz), Long Beach, California, filed a series of motions for additional time to file its opposition to the Petition. Thereafter, Antelope filed a Request for Contingent Withdrawal of Petition for Reconsideration ("Request for Withdrawal"). For the reasons discussed below, we will dismiss the Petition for Reconsideration. 2. The Commission had issued a Notice of Proposed Rule Making ("Notice"), 5 FCC Rcd 956 (1990), which proposed, at the request of SBSF, the reallotment of Channel 250B from Long Beach to East Los Angeles, and the modification of its license accordingly (RM- 7123). Antelope filed comments requesting that the reference coordinates specified by SBSF in its rule making petition be changed to accommodate Antelope's then-pending application (File No. BPH-901016IB) to operate its Mojave Station KAVS(FM) as a six kilowatt facility. 3. The R&O granted SBSF's petition to reallot Channel 250B from Long Beach to East Los Angeles and to modify its license accordingly. We declined to change the reference coordinates for the allotment, noting that this would exacerbate a grandfathered short-spacing with Station KIFM(FM), San Diego, California and that, in any event, the proposed change in reference coordinates may be unnecessary. 4. The Request for Withdrawal expressly states that it is contingent on the grant of the application to increase the effective radiated power of Station KAVS(FM) at Mojave to six kilowatts and on the grant of an application for Station KLAX-FM to specify its facilities at a location in East Los Angeles (File No. BPH-961104IA). The Commission has now granted Antelope's and SBSF's applications, and these grants are now final. Accordingly, we will grant Antelope's request to withdraw its Petition. 5. IT IS ORDERED That the Petition for Reconsideration filed by Antelope Broadcasting Co., Inc. of the Report and Order in this proceeding IS DISMISSED. 6. IT IS FURTHER ORDERED, That this proceeding is TERMINATED. 7. For further information concerning this proceeding, contact J. Bertron Withers, Jr., Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION Charles W. Logan Chief, Policy and Rules Division Mass Media Bureau