Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | MM Docket No. 02-26          |
|                                  | *) |                              |
| Amendment of Section 73.202(b)   | ** | RM-10362                     |
|                                  |    |                              |
| Table of Allotments,             | *  |                              |
|                                  | *) |                              |
| FM Broadcast Stations.           | ** |                              |
|                                  |    |                              |
| (Bridgeton and Elmer, New        | *  |                              |
| Jersey)                          | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: December 13, 2002 Released: December 16, 2002**

By the Assistant Chief, Audio Division:

1.  The Audio Division has before it a February 8, 2002, *Notice of
    Proposed Rule Making*[^1] issued at the request of Cohanzick
    Broadcasting Corp. ("Cohanzick"), licensee of Station WSNJ-FM,
    Bridgeton, New Jersey. Cohanzick proposed to reallot Channel 299B
    from Bridgeton to Elmer, New Jersey, as that community's first local
    transmission service. During the comment period, Cohanzick and New
    Jersey Radio Partners, LLC ("NJRP"), jointly filed comments amending
    the original proposal and abandoning the Elmer reallotment. They now
    propose to substitute Channel 300A for Channel 299B at Bridgeton and
    reallot Channel 300A from Bridgeton to Pennsauken, New Jersey, as
    the community's first local aural transmission service, in lieu of
    the original proposal to reallot Channel 299B from Bridgeton to
    Elmer, New Jersey. For the reasons set forth below, we dismiss the
    Cohanzick petition and terminate this proceeding.

2.  Cohanzick and NJRP argue that the Commission should entertain the
    amended proposal based on "changed circumstances." We decline to do
    so within the context of this proceeding. After the filing of the
    petition for rulemaking, Cohanzick and NJRP entered into an
    agreement for the sale of WSNJ-FM. The Pennsauken reallotment is a
    condition of closing under the agreement. Thus, the reallotment is
    based on the voluntary business decisions of Cohanzick and NJRP. The
    assignment application was filed more than one month prior to the
    release of the *Notice*.[^2] Cohanzick and NJRP could have sought to
    revise the initial Elmer petition to the release of the *Notice*,
    but did not do so. In this instance, we released a *Notice of
    Proposed Rule Making* setting forth a proposal that Cohanzick no
    longer had an intention to implement. In these circumstances, we
    will dismiss the original petition, terminate this proceeding and
    initiate a new docket seeking comment on the new proposal.[^3] A
    *Notice of Proposed Rule Making* in the new docket will be issued
    simultaneously with this dismissal. Cohanzick and NJRP's revised
    rulemaking proposal is substantially different from the original
    petition. In fairness to any interested parties, we will afford an
    opportunity to file comments and counterproposals in a new
    proceeding.

3.  Accordingly, IT IS ORDERED That the petition for rulemaking filed by
    Cohanzick Broadcasting Corp. proposing to reallot Channel 299B from
    Bridgeton to Elmer, New Jersey, IS DISMISSED.

4.  IT IS FURTHER ORDERED That this proceeding IS TERMINATED.

5.  For further information concerning the above, please contact
    Victoria M. McCauley at (202) 418-2180.

> FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief, Audio Division

Media Bureau

[^1]: *See Bridgeton and Elmer, New Jersey,* 17 FCC Rcd 2232 (2002)
    ("*Notice*").

[^2]: *See* File No. BALH-20020102AAN.

[^3]: *See Taccoa, Sugar Hill and Lawrenceville, GA,* 16 FCC Rcd 211191
    (2001).