*Pages 1--3 from Microsoft Word - 48423.doc* Federal Communications Commission DA 05- 1301 Before the Washington, D. C. 20554 In the Matter of ) ) Amendment of Section 73.202( b), ) MB Docket No. 04- 436 Table of Allotments, ) RM- 11112 FM Broadcast Stations. ) (Cannelton and Tell City, Indiana) ) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 4, 2005 Released: May 6, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it the Notice of Proposed Rule Making (“ Notice”) 1 issued in response to a Petition for Rule Making filed by Hancock Communications, Inc. (“ Petitioner”), licensee of Station WLME( FM)(“ WLME”), Channel 275C3. Cannelton, Indiana, and Station WTCJ- FM, Channel 289A, Tell City, Indiana. Petitioner filed comments expressing its intent to implement its rulemaking requests. No counterproposals or other comments were filed. For the reasons stated below, we grant Petitioner’s rulemaking petition. 2. At the request of Petitioner, the Notice proposed that Channel 275C3, Station WLME, be reallotted from Cannelton to Tell City, Indiana, and that Station WLME’s license be modified to reflect the change of community. Since this proposal would remove the sole local aural transmission service from Cannelton, Petitioner proposed the reallotment of Channel 289A from Tell City to Cannelton and the modification of Station WTCJ- FM’s license accordingly. Petitioner made the foregoing reallotment requests pursuant to Section 1.420( i) of the Commission’s rules, 2 which permits the modification of a station’s authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. 3 In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM allotment priorities. 4 3. We find that Petitioners’ reallotment requests would result in a preferential arrangement of allotments under the FM allotment priorities because grant of those requests would result in net service 1 Cannelton and Tell City, Indiana, 19 FCC Rcd 23950 (MB 2004). 2 47 C. F. R. § 1.420( i). 3 See 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). 4 See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). 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. Equal weight is given to priorities (2) and (3). 1 Federal Communications Commission DA 05- 1301 2 gains to 49,850 persons under priority (4) of the FM priorities (“ other public interest matters”). We also observe that Petitioner’s reallotment requests would not deprive either Tell City or Cannelton of its sole local aural transmission outlet. Therefore, in accordance with the provisions of Section 1.420 (i) of the Commission’s rules, 5 we will grant Petitioner’s reallotment requests. In addition, we shall condition the commencement of service on Channel 275C3, by Station WLME, at Tell City on the commencement of service on Channel 289A, by Station WTCJ- FM, at Cannelton to avoid any disruption of local service to Cannelton. 4. Consistent with the technical requirements of the Commission’s rules, Channel 275C3 can be reallotted from Cannelton to Tell City, Indiana, utilizing coordinates of 37- 50- 52 NL and 86- 36- 18 WL, with a site restriction of 18.4 kilometers (11.4 miles) southeast of Tell City. Further, Channel 289A, Station WTCJ- FM, can be reallotted from Tell City to Cannelton, Indiana, utilizing coordinates of 37- 48- 13 NL and 86- 48- 57 WL, with a site restriction of 13.5 kilometers (8.4 Miles) southeast of Cannelton. 5. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U. S. C. 801( a)( 1)( A). 6. Accordingly, pursuant to the authority contained in 47 U. S. C. Sections 4( i), 5( c)( 1), 303( g) and (r) and 307( b) and 47 C. F. R. Sections 0.61, 0.204( b) and 0.283, IT IS ORDERED, That effective June 20, 2005, the FM Table of Allotments, 47 C. F. R. Section 73.202( b), IS AMENDED for the communities listed below, as follows: Community Channel Number Cannelton, Indiana 289A Tell City, Indiana 275C3 7. IT IS FURTHER ORDERED, that the Petition for Rule Making filed by Hancock Communications, Inc. IS GRANTED. 8. IT IS FURTHER ORDERED, That pursuant to 47 U. S. C. Section 316( a), the license of Hancock Communications, Inc. for FM Station WLME, Cannelton, Indiana, IS MODIFIED to specify operation on Channel 275C3 at Tell City, Indiana, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the permittee 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 not be conducted in accordance with 47 C. F. R. Section 73.1620 until Station WTCJ- FM is operating on Channel 289A at Cannelton; and (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 47 C. F. R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 5 47 C. F. R. § 1.420( i). 2 Federal Communications Commission DA 05- 1301 3 9. IT IS FURTHER ORDERED, That pursuant to 47 U. S. C. Section 316( a), the license of Hancock Communications, Inc. for Station WTCJ- FM, Tell City, Indiana, IS MODIFIED to specify operation on Channel 289A at Cannelton, Indiana, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the permittee 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 47 C. F. R. Section 73.1620; and (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 47 C. F. R. Section 1.1307, unless the proposed facilities are categorically excluded from environmental processing. 10. Pursuant to 47 C. F. R. Sections 1.1104( 1)( k) and (3)( l), 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, Hancock Communications, Inc., licensee of Stations WLME( FM) and WTCJ- FM, is required to submit a rule making fee in addition to the fee required for the application to effectuate the change in community of license for FM Station WLME, Channel 275C3 from Cannelton, Indiana to Tell City, Indiana, and also for the application to effectuate the change in community of license for Station WTCJ- FM, Channel 289A, from Tell City, Indiana, to Cannelton, Indiana, at the time it submits its Form 301 applications. 11. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. 12. For further information concerning the above, contact R. Barthen Gorman, Media Bureau, (202) 418- 2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau 3