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Evergreen, Alabama, Reconsideration Dismissed

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Released: October 7, 2011

Federal Communications Commission DA 11-1687

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Amendment of Section 73.202(b),
FM Table of Allotments,
MM Docket No. 04-219
FM Broadcast Stations.
(Evergreen, Alabama, and Shalimar, Florida)


(Proceeding Terminated)

Adopted: October 6, 2011

Released: October 7, 2011

By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it the "Motion to for Leave to Withdraw Petition for
Reconsideration," submitted on behalf of Qantum of Ft. Walton Beach License Company, LLC
("Qantum FWB") in this proceeding. For the reasons set forth below, we grant that motion.
2. Previously, Qantum FWB had filed comments opposing the change of community proposed
by Gulf Coast Broadcasting Company, Inc., whereby the community of license for Station WPGG(FM)
would be changed from Evergreen, Alabama, to Shalimar, Florida.1 The proposed change of community
was granted by a Report and Order issued by the Media Bureau,2 and the Commission affirmed that
decision in a Memorandum Opinion and Order.3 Qantum FWB thereupon petitioned for reconsideration
of the Commission's Memorandum Opinion and Order.4
3. Qantum FWB has entered into a "Confidential Settlement and Release Agreement" with the
parent of Cumulus Licensing, LLB,5 under which, inter alia, Qantum FWB agrees to request the
dismissal of its petition for reconsideration in this proceeding. Qantum FWB therefore seeks leave to
withdraw its pending petition for reconsideration.
4. We are satisfied that granting Qantum FWB's motion to withdraw, and dismissing the petition
for reconsideration, "will serve the public interest by promoting private resolution of disputes and by

1 See Notice of Proposed Rule Making, Evergreen, Alabama, and Shalimar, Florida, 19 FCC Rcd 10208 (MB
2 Report and Order, Evergreen, Alabama, and Shalimar, Florida, 20 FCC Rcd 6300 (MB 2005), aff'd,
Memorandum Opinion and Order, 21 FCC Rcd 1636 (MB 2006).
3 Memorandum Opinion and Order, Evergreen, Alabama, and Shalimar, Florida, 23 FCC Rcd 15846 (2008).
4 Public Notice, Petition for Reconsideration of Action in Rulemaking Proceeding, FCC Report No. 2881 (January
6, 2009).
5 Cumulus Licensing, LLB, is the current licensee of Station WNCV(FM), formerly WPGG(FM),

Federal Communications Commission DA 11-1687

eliminating the need for further litigation and the expenditure of additional time and resources of the
parties and the Commission."6
5. Accordingly, IT IS ORDERED, That the "Motion for Leave to Withdraw Petition for
Reconsideration" filed by Quantum of Ft. Walton Beach License Company, LLC, IS GRANTED, and the
petition for reconsideration IS HEREBY DISMISSED.
7. This action is taken pursuant to authority delegated by Section 1.106(p) of the Commission's
rules.7 This document is not subject to the Congressional Review Act. The Commission, is, therefore,
not required to submit a copy of this Order of Dismissal to the Government Accountability Office,
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
8. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau,
(202) 418-7072.
Nazifa Sawez
Assistant Chief
Audio Division
Media Bureau

6 Gemstar International Group, Ltd., 19 FCC Rcd 450 (MB 2004).
7 See 47 C.F.R. 1.106(p) (permitting staff to dismiss petitions for reconsideration of a Commission action, where
Commission consideration is not warranted). See also 47 C.F.R. 0.283.

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