Federal Communications Commission DA 06-2561 
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.
(Vernon Center and Eagle Lake,
Minnesota)
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MB Docket No. 06-83
RM-11325
 REPORT AND ORDER
(Proceeding Terminated)
Adopted: December 20, 2006   Released: December 22, 2006
By the Assistant Chief, Audio Division, Media Bureau:
1. The Audio Division has before it: (1) a Notice of Proposed Rule Making1 issued in response to a 
rulemaking petition filed by Radioactive, LLC (“Petitioner”), the holder, pursuant to the winning bid in 
Auction No. 37, of a construction permit for an unbuilt FM station on Channel 231A, Vernon Center, 
Minnesota; and (2) supporting comments filed by the Petitioner. For the reasons discussed below, we 
grant the Petitioner’s rulemaking petition.
2. Background. At the request of the Petitioner, the NPRM proposed the reallotment and 
modification of its construction permit from Channel 231A at Vernon Center (pop. 359) to Channel 231A 
at Eagle Lake, Minnesota (pop. 1,787), pursuant to Section 1.420(i) of the Commission’s rules.2  Because 
the principal community (70 dBu) contour of the reallotted station appeared to encompass a majority of 
the Mankato, Minnesota, Urbanized Area, the NPRM requested that the Petitioner submit a Tuck
showing3 to demonstrate that Eagle Lake is sufficiently independent of the Mankato, Minnesota, 
Urbanized Area to warrant a first local service.
3. In its comments, the Petitioner disagrees that a Tuck showing is relevant to this proceeding 
because Mankato is not an Urbanized Area as defined by the U.S. Census Bureau.  On the contrary, the 
Petitioner states that Mankato is an Urbanized Cluster, which is a densely settled territory that has at least 
2,500 people but fewer than 50,000 people. Nevertheless, the Petitioner did submit a showing to 
demonstrate that the proposed allotment of Channel 231A to Eagle Lake, Minnesota, passes the Tuck
factors. The Petitioner also reaffirmed that it would apply for the allotment and, if granted, would 
  
1 Vernon Center and Eagle Lake, MN, Notice of Proposed Rule Making, 21 FCC Rcd 3940 (MB 2006) (“NPRM”).
2 This rule 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 See Faye and Richard Tuck, Inc., Memorandum Opinion and Order, 3 FCC Rcd 5374 (1988) (“Tuck”).  The 
purpose of a Tuck showing is to determine whether the proposed community of license is sufficiently independent of 
the nearby Urbanized Area to warrant a first local service under Priority (3) of the FM Allotment Priorities.  See, 
e.g., Mount Pleasant and Hemlock, MI, Memorandum Opinion and Order, 20 FCC Rcd 17165 (MB 2005).
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promptly construct and operate such facilities.  
4. Discussion.  As a threshold matter, we agree that the Petitioner has documented that Mankato, 
Minnesota, is an Urbanized Cluster, not an Urbanized Area.  Because the threshold for a Tuck showing –
predicted coverage by the allotment’s 70 dBu contour over a majority of an Urbanized Area – is not met 
here, it was not necessary to require the submission of a Tuck showing.  We have, nevertheless, reviewed 
the Petitioner’s Tuck showing and find that majority of the eight factors demonstrate that Eagle Lake is 
independent from Mankato.4
5.  We will grant the Petitioner’s rulemaking petition because it satisfies our rules and policies on 
change of community of license.  First, the Petitioner’s construction permit for Channel 231A at Vernon 
Center and the proposed allotment of Channel 231A at Eagle Lake are mutually exclusive with each 
other.  Second, because the Vernon Center station is unbuilt, its reallotment would not constitute the 
removal of the community’s sole local service and the loss of service does not present the same concerns
as if it were an operating station.5 Third, the proposal will result in a preferential arrangement of 
allotments under the FM Allotment Priorities.6 Although the retention of Channel 231A at Vernon Center 
or the reallotment of Channel 231A to Eagle Lake are both first local services under Priority (3), the 
reallotment is favored because the population of Eagle Lake is greater than that of Vernon Center.7
6.  Eagle Lake is a community for allotment purposes because it is incorporated and listed in the 
U.S. Census.  The Petitioner also sets forth various indicia of community status.  Eagle Lake has its own 
mayor and city council, employs a city administrator and deputy clerk, provides its residents with public 
services such as water and sewer, and has its own police department and volunteer fire department. 
7. Channel 231A can be reallotted to Eagle Lake at a site 5.6 kilometers (3.5 miles) northwest of the 
community in compliance with the Commission’s minimum distance mileage separations.8 The reference 
coordinates for this allotment are 44-12-29 NL and 93-55-00 WL.
8. 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
February 5, 2007, the Media Bureau’s Consolidated Data Base System will reflect Channel 231A at Eagle 
Lake, Minnesota as the reserved assignment for this unbuilt FM station in lieu of Vernon Center, 
Minnesota.     
9. IT IS FURTHER ORDERED, That pursuant to Section 316 of the Communications Act of 
  
4 Factors 3 (community leaders and residents perceive the specified community as being separate from the larger 
metropolitan area), 4 (local government and elected officials), 5 (zip code), 6 (local commercial establishments, 
healthy facility, and transportation systems), and 8 (local community provides various municipal services such as 
police, fire protection, schools, and libraries) are present.     
5 See, e.g., Sanibel and San Carolos Park, FL, Report and Order, 10 FCC Rcd 7215 (MMB 1995); and Oraibi and 
Leupp, AZ, Report and Order, 14  FCC Rcd 13547 (MMB 1999).
6 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 is given to priorities (2) and (3)].  See Revision of 
FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88, 91 (1988).
7 See, e.g., Ardmore, AL, Report and Order, 17 FCC Rcd 16332, 16334-35 (MB 2002); Three Oaks and Bridgman, 
MI, Report and Order, 5 FCC Rcd 1004 (MMB 1990); and Blanchard, LA, and Stephens, AR, Memorandum 
Opinion and Order, 10 FCC Rcd 9828, 9829 (1995) (small population difference between communities is dispositive 
in comparing mutually exclusive proposals for first local services).  A staff engineering analysis reveals that neither 
the existing nor the proposed arrangement of allotments would trigger Priorities (1) or (2). 
8 47 C.F.R. § 73.207.
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1934, as amended, the construction permit for Channel 231A at Vernon Center is modified to specify 
operation on Channel 231A at Eagle Lake, 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 construction permit (Form 301);
(b) Upon grant of the construction permit, program tests may be conducted in
accordance with Section 73.1620 of the Commission’s Rules;
(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. 
10.  Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l) of the Commission’s rules, Radioactive, 
LLC, permittee of unbuilt FM station, Vernon Center, Minnesota, is required to submit a rulemaking fee 
in addition to the fee required for the application to effectuate the community of license for unbuilt FM 
station to specify operation on Channel 231A at Eagle Lake, Minnesota, at the time its Form 301 
application is submitted.
11. 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).
12. IT IS FURTHER ORDERED, That the petition for rule making filed by Radioactive LLC IS 
GRANTED.
13. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
14. For further information concerning this proceeding, contact Andrew J. Rhodes, Media Bureau, 
(202) 418-2180. 
FEDERAL COMMUNICATIONS COMMISSION
 John A. Karousos
Assistant Chief
Audio Division
 Media Bureau