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 Federal  Communications  Commission  FCC  02-  201 
 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) 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


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


 MEMORANDUM  OPINION  AND  ORDER  (Proceeding  Terminated) 
 Adopted:  July  1,  2002  Released:  July  25,  2002 
 By  the  Commission: 
 1.  The  Commission  has  before  it  a  Petition  for  Reconsideration  and  Motion  to  Reopen  the  Record  filed  by  Preston  Small  (“  Small”)  directed  to  the  earlier  Commission  Memorandum  Opinion  and  Order  in  this 
 proceeding.  1  WNNX  LICO,  Inc.  filed  an  Opposition  to  Petition  for  Reconsideration.  Small  filed  a  Reply  to  Opposition  to  Petition  for  Reconsideration.  We  have  thoroughly  reviewed  our  MO&  O  as  well  as  the  earlier 
 staff  Memorandum  Opinion  and  Order  in  this  proceeding,  2  and  find  that  there  are  no  errors  of  law  or  new  facts  that  would  warrant  reconsideration  of  our  prior  order.  Accordingly,  we  deny  the  Petition  for 
 Reconsideration  and  Motion  to  Reopen  the  Record. 
 2.  We  reject  two  procedural  arguments  raised  on  reconsideration.  At  the  earlier  stage  of  this  proceeding,  Small  sought  reconsideration  of  the  original  staff  order  in  this  docket.  That  petition  for 
 reconsideration  was  referred  to  the  Commission  pursuant  to  Section  1.106(  a)  of  the  Rules.  Small  argues  that  the  Commission  should  have  granted  his  request  to  supplement  the  record  following  this  referral. 
 Contrary  to  Small’s  wholly  unsupported  claim,  the  referral  of  a  matter  to  the  Commission  pursuant  to  Section  1.106(  a)  does  not  create  an  opportunity  for  the  filing  of  an  additional  pleading  or  “supplement.” 
 Neither  our  rules  of  practice  nor  other  policies  authorize  such  filings.  We  note  that  our  Rules  permit  the  Commission  to  act  on  any  matter  3  and,  as  here,  allow  the  staff  to  refer  any  matter  to  the  Commission. 
 Applicants  and  petitioners  cannot  claim  surprise  or  unfairness  when  the  Commission  invokes  these  procedures.  Moreover,  we  reject,  as  frivolous,  Small’s  contention  that  the  discussion  of  a  ten-  year  old 
 staff  decision  4  constitutes  “new  facts”  or  “changed  circumstances.”  Reconsideration  is  not  available  to 
 1  Anniston  and  Ashland,  Alabama,  and  College  Park,  Covington,  Milledgeville  and  Social  Circle,  Georgia,  16 
 FCC  Rcd  19857  (2001). 
 2  16  FCC  Rcd  3411  (M.  M.  Bur.  2001). 


 3  See  47  C.  F.  R.  §  0.5(  c)  (Commission  may  instruct  the  staff  to  refer  any  matter  to  it  for  action). 
 4  Eatonton  and  Sandy  Springs,  Georgia,  and  Anniston  and  Lineville,  Alabama,  6  FCC  Rcd  6580  (M.  B.  Bur.  1991) 
 (subsequent  history  omitted). 
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 Federal  Communications  Commission  FCC  02-  201 
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 reargue  the  relevance  of  this  case.  5  Having  failed  to  demonstrate  new  facts  or  changed  circumstances,  reconsideration  is  unwarranted.  6 
 3.  Accordingly,  IT  IS  ORDERED,  That  the  aforementioned  Petition  for  Reconsideration  and  Motion  to  Reopen  the  Record  filed  by  Preston  Small  IS  DENIED. 
 4.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 
 Marlene  H.  Dortch  Secretary 


 5  See  47  C.  F.  R.  §  1.106(  k)(  3)  (ruling  denying  reconsideration  may  not  be  treated  as  modification  of  original  order 
 and  therefore  such  ruling  is  not  subject  to  further  reconsideration). 
 6  See  47  C.  F.  R.  §  1.106(  b)(  3)  (petition  for  reconsideration  which  fails  to  rely  on  new  facts  or  changed 
 circumstances  may  be  dismissed  as  repetitious). 
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