*Pages 1--5 from Microsoft Word - 9683.doc* Federal Communications Commission DA 01- 1438 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MM Docket No. 00- 160 Table of Allotments, ) RM- 9928 FM Broadcast Stations. ) (Pana, Taylorville and Macon, Illinois ) REPORT AND ORDER (Proceeding Terminated) Adopted: June 6, 2001; Released: June 15, 2001 By the Chief, Allocations Branch: 1. At the joint request of Kaskaskia Broadcast ing, Inc., licensee of WEGY( FM), Pana, Illinois and Miller Communicat ions, Inc., licensee of WMKR( FM), Taylorville, Illinois (“ pet it ioners”), the Allocations Branch has before it the Notice of Proposed Rule Making, 15 FCC Rcd 19046 (2000), proposing (a) the reallotment of Channel 265A from Pana to Macon, Illinois, and the modificat ion of Station WEGY( FM) ’s license accordingly; and (b) the reallotment of Channel 232A from Taylorville t o Pana, Illinois, and t he modificat ion of St at ion WMKR( FM) ’s license accordingly. Petitioners filed comments in support of the proposal reaffirming their intention to filed for the respectively channels, if reallotted. No other comments were received. 2. The proposed reallotments were filed pursuant to the provisions of Section 1.420( i) of the Commission's Rules, which permit the modificat ion of a st at ion's aut horizat ion to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. See Amendment of the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) (" Change of Community"). 3. In considering a change of community of license proposal, we must determine whether the proposal would result in a preferential arrangement of allotments pursuant to the Commission's change of community procedures. See Change of Community, supra. Under those procedures, we compare the existing arrangement of allotments with the proposed arrangement of allotments using our FM allotment priorities. 1 See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88, 92 (1982). 1 The FM allotment priorities are: (1) first full- time aural service; (2) second full- time aural service; (3) first local service; and (4) other public interest matters. [Co- equal weight given to priorities (2) and (3).] 1 2 Federal Communications Commission DA 01- 1438 4. As stated in the Notice, Macon is an incorporated community with a 1990 U. S. Census population of 1,282 persons (the 2000 Census population is 1,213). Macon is self- governing with a mayor and village board. The communit y has its own fire depart ment , wat er, sewer and garbage service, as well as its own telephone prefix (768), post office, and zip code. There are also a number of churches, organizations, and businesses that serve the Macon community, including many incorporating “Macon” in their names, e. g., Macon AG Service, Mason Motel, Macon Motors, Macon Night Owl, Inc., Macon Presbyterian Church, Macon Speedway, Macon U- Tan, Macon United Methodist Church, Macon Waves, Macon County Archery, Main Street Carry Out Restaurant, and Main Attraction Hair Salon. It support of its proposal petitioners also state that the reallotment of Channel 265A from Pana to Macon will result in a preferent ial arrangement of allot ment s since it will provide Macon wit h its first local service, wit hout depriving Pana of its sole local service. 5. In response to the request to provide the overall public interest benefits derived from the reallotments, petitioners assert that Macon is a fast- growing community, as people continue to move from cities to small towns throughout the State of Illinois. Thus, it is important for Macon to have its own local radio station to address local issue and to provide local information to the growing Macon populat ion. This will be part icularly import ant because Macon will have increased traffic through the community as a result of the expansion of U. S. Route 51. Currently, U. S. Route 51, a four- lane highway, ends at the nort hern cit y limits of Macon. Because of the growth of the Macon area, the State of Illinois granted funding for expansion of this highway. In a few years, U. S. Route 51 will be expanded in a southerly direction through Macon towards Moweagua, Illinois. Consequently, a local radio station that can reach the Macon community, as well as those traveling through Macon on U. S. Rout e 51, will become an indispensable source of valuable informat ion to the list ening public. 6. In making this comparison, we find that the proposed reallotment of Channel 265A to from Pana to Macon triggers priority (3)-- first local service. Under this priority, both communities would retain a first local service, since the reallotment of Channel 232A from Taylorville to Pana is proposed herein as a replacement service. Moreover, the reallotment of Channel 232A to Pana (population 5,614) will not deprive Taylorville (population 11, 427) of its sole local service, whereas Stations WIHM( AM), WQLZ( FM) and WTIM( FM) would remain licensed to the community. Both the gain and loss areas will continue to receive at least five reception service is considered to be well- served. Since the reallotment to Macon and Pana will not provide 70 dBu coverage to more than 50% of the Decatur Urbanized Area, a Tuck analysis is not necessary. 2 7. Moreover, an engineering analysis has determined that the reallotment of Channel 265A to Macon will provide new service (minus the overlap) to an area of 1, 943 square kilometers (750.2 2 See Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995); Huntington Broadcasting Co. v. FCC , 192 F. 2d 33 (D. C. Cir. 1951); RKO General, Inc., 5 FCC Rcd 3222 (1990); and Faye and Richard Tuck, 3 FCC Rcd 5374 (1988). 2 3 Federal Communications Commission DA 01- 1438 square miles) to a populat ion encompassing 123,675 persons. In addition, the reallotment of Channel 232A to Pana as a replacement service will provide new service (minus the overlap) to over 2, 516 square kilometers (971.5 square miles) to a populat ion encompassing 39, 933 persons, a gain of service to 9,499 persons. 8. We believe the public interest would be served by reallotting Channel 265A from Pana to Macon, Illinois, as the communit y’s first local aural transmission service. We also reallot Channel 232A from Taylorville to Pana, Illinois, as a replacement service. An engineering analysis has determined that Channel 265A can be reallotted to Macon in compliance with the Commission’s minimum dist ance separat ion requirement s wit h a sit e rest rict ion of 6. 9 kilomet ers (4. 3 miles) sout h at Station WEGY’s requested site. 3 Additionally, Channel 232A can be reallotted to Pana in compliance wit h the Commission’s minimum dist ance separat ion requirement s wit h a sit e rest rict ion of 11. 7 kilomet ers (7. 3 miles) west at St at ion WMKR’s request ed sit e. 4 In accordance with Section 1.420( i) of the Commission’s Rules, we modify Station WEGY( FM) ’s license to specify Channel 265A at Macon, Illinois, as its new communit y of license. Likewise, we modify St at ion WMKR( FM) ’s license to specify Channel 232A at Pana, Illinois, as its new communit y of license. 9. Our action in approving the reallotment and change of community of license of Station WEGY( FM) from Pana to Macon, Illinois, is premised upon the activation of Channel 232A at Pana to prevent the removal of the sole local service in Pana. Accordingly, consistent with precedent, we will condition the grant of an authorization to operate on Channel 265A at Macon upon the activation of Channel 232A at Pana and the grant of program test authority. 10. Accordingly, pursuant to the authority found in Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204( b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective, July 30, 2001, the FM Table of Allotments, Section 73.202( b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: 3 The coordinates for Channel 265A at Macon are 39- 41- 08 North Latitude and 88- 55- 29 West Longitude. 4 The coordinates for Channel 232A at Pana are 39- 22- 56 North Latitude and 89- 12- 56 West Longitude. 3 4 Federal Communications Commission DA 01- 1438 City Channel No. Pana, Illinois 232A Taylorville, Illinois 224B1, 247A Macon, Illinois 265A 11. IT IS FURTHER ORDERED, pursuant to Section 316( a) of the Communications Act of 1934, as amended, that the license of Kaskaskia Broadcasting, Inc. for Station WEGY( FM) at Pana, Illinois, IS MODIFIED to specify operation on Channel 265A at Macon, Illinois, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in Accordance with Section 73.1620, provided that Channel 232A at Pana, Illinois, is activated and the station is on the air broadcasting. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 12. IT IS FURTHER ORDERED, pursuant to Section 316( a) of the Communications Act of 1934, as amended, that the license of Miller Communications, Inc. for Station WMKR( FM) at Taylorville, Illinois, New York, IS MODIFIED to specify operation on Channel 232A at Pana, Illinois, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility. (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 4 5 Federal Communications Commission DA 01- 1438 13. Pursuant to Commission Rule Section 1.1104( 1)( k) and (2)( k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/ or upgrade. As a result of this proceeding, Kaskaskia Broadcasting, Inc. and Miller Communications, Inc., licensees of Stations WEGY( FM) and WMKR( FM), respectively, are required to submit a rule making fee in addition to the fee required for the application to effect the change in community of license. 14. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to petitioners, as follows: Kaskaskia Broadcast ing, Inc. Miller Communicat ions, Inc. 918 East Park 918 East Park Street Post Office Box 169 Post Office Box 169 Taylorville, Illinois 62568 Taylorville, Illinois 62568 (Licensee of Station WEGY( FM)) (Licensee of Station WMKR( FM)) 15. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 16. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 5