DA 95-1249 Federal Communications Commission Record 10 FCC Red No. 13
Before the
Federal Communications Commission 
Washington, D.C. 20554
MM Docket No. 93-164
In the Matter of
Amendment of Section 73.202(b), 
Table of Allotments, 
FM Broadcast Stations. 
(Williamstown, West Virginia)
REPORT AND ORDER
(Proceeding Terminated)
RM-8248
Released: June 14,1995Adopted: June 6,1995;
By the Chief, Allocations Branch:
1. At the request of James Phillips ("petitioner"), the 
Commission has before it the Notice of Proposed Rule 
Making, 8 FCC Red 4120 (1993), proposing the allotment 
of Channel 245A at Williamstown, West Virginia, as its 
first local aural transmission service. Petitioner filed com 
ments in support of the proposal reaffirming his intention 
to apply for the channel, if allotted. Opposing comments 
were filed by PBBC, Inc. ("PBBC"), licensee of Station 
WXIL-FM, Channel 236B, Parkersburg, West Virginia. Pe 
titioner filed reply comments.
2. In its comments. PBBC states that Williamstown has a 
population of 2,774' and is located in Wood County which 
has a population 86,915. Williamstown is a part of the 
Marietta. Ohio-Parkersburg, West Virginia Metropolitan 
Statistical Area. Since the principal shopping area is in 
Vienna, West Virginia, PBBC contends that Williamstown 
"appears to be a 'bedroom' community." PBBC also asserts 
that the market is already served by least 12 radio stations, 
four AM and eight FM. PBBC states that the total retail 
sales for the entire market amount to slightly over one 
billion dollars. Therefore, using traditional ratios of radio 
revenues as a portion of retail sales, PBBC argues that the 
market cannot support the present complement of stations. 
Consequently, PBBC submits that although Williamstown 
may be a community for allotment purposes, it is only one 
community within a market that already has numerous 
"voices" to serve its interests and needs, as well as to share 
the available revenue. PBBC asserts that Williamstown is a 
small community that is not unique and is in a market that 
is remarkably homogeneous.
3. PBBC alleges that although under different circum 
stances, the Commission specifically noted the numerous 
services available to Williamstown in Ravenswood and 
Williamstown, West Virginia, 1 FCC Red 5116 (1992). 
There, the Commission found that a first local aural trans 
mission service to Williamstown was insufficient to offset a
loss of service elsewhere. Therefore, asserts PBBC, it was 
deemed that a first local aural transmission service to 
Williamstown was not sufficient to offset the cost of provid 
ing it. Moreover, PBBC recognizes that the Commission's 
policy has been not to consider economic impact in con 
nection with new allotments. However, PBBC notes that 
the Commission has indicated the possibility of instituting 
a freeze on FM stations, although no specific details were 
given.2 PBBC recommends that the Commission realisti 
cally appraise its public interest responsibilities and tailor 
its policies in furtherance of those responsibilities. Accord 
ingly, PBBC urges that petitioner's proposal be denied.
4. In its reply comments, petitioner argues that PBBC 
has failed to raise any persuasive reasons to deny the 
proposal. Petitioner refutes PBBC's contention that "there 
is no identifiable need for Williamstown to have its own 
'voice'." Indeed, states petitioner, Williamstown is incor 
porated and is a "community" for allotment purposes. 
Petitioner submits documentation showing that 
Williamstown has easily definable boundaries, a high 
school, police, fire and water departments, a mayor-council 
government, sewage plant, library and emergency service. 
Williamstown also has its own telephone directory, 
businesses, churches and organizations. Petitioner argues 
that these are factors the Commission has found important 
when deciding whether a community deserves its own local 
aural transmission service, citing Princeville, Hawaii, 67 RR 
2d 644 (1990); Evans, Georgia, 67 RR 113 (1989); and 
Fairforest, South Carolina, 64 RR 2d 670 (1987). In this 
instance, petitioner claims that the facts demonstrate that 
Williamstown is an independent community that can sup 
port its own radio station. Furthermore, petitioner asserts 
that, and PBBC concedes, the Commission no longer con 
siders economic impact issues when making new allot 
ments, citing Detrimental Effects of Proposed New Broadcast 
Stations on Existing Stations , 3 FCC Red 638 (1988), recon. 
denied 4 FCC Red 2276 (1989). Moreover, petitioner states 
that PBBC's reliance on Ravenswood, supra, is misplaced. 
In Ravenswood, the Commission found, inter alia, that a 
change of community from Ravenswood to Williamstown 
would have unfairly resulted in the loss of service to over 
30,000 people. The Commission did not state however, that 
Williamstown was undeserving of a first local aural trans 
mission service. Thus, unlike in Ravenswood, here, the 
proposed allotment would result in no loss of service, but 
would instead provide Williamstown with its first local 
aural transmission service. Accordingly, petitioner contends 
that PBBC's arguments concerning the viability of a new 
station at Williamstown are speculative and should be 
disregarded.
5. PBBC's arguments regarding competitive and econom 
ic hardships of a new allotment at Wiliamstown raise issues 
which the Commission has already determined not relevant 
in either a licensing or allotment context. See FM Channel 
Assignments; Policies Regarding Detrimental Effects of Pro 
posed New Broadcast Stations on Existing Stations, supra; 
Cheyenne, Wyoming, 8 FCC Red 4473 (1993). Consequent 
ly, there is no basis under the current state of Commission 
precedent for consideration of those issues. In a related 
context, there is no Commission requirement for James 
Phillips or any other party to demonstrate a "demand" or
1 Population figures taken from the 1990 U.S. Census.
2 PBBC cites to an article in Broadcasting and Cable, August 2, 
1993, p. 14.
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10 FCC Red NO. 13 Federal Communications Commission Record DA 95-1249
need for an allotment aside from the already stated willing 
ness of Mr. Phillips to apply for the Channel 245A allot 
ment at Williamstown and construct the proposed facilities.
6. After careful consideration of the information before 
us. we believe the public interest would be served by the 
allotment of Channel 245A at Williamstown, West Vir 
ginia, since it would provide the community with its first 
local aural transmission service. Channel 245A can be 
allotted to Williamstown in compliance with the Commis 
sion's minimum distance separation requirements with a 
site restriction of 6.9 kilometers (4.3 miles) southwest to 
avoid a short-spacing to Station WRRK(FM), Channel 
245B, Braddock, Pennsylvania.3 Since Williamstown is lo 
cated within 320 kilometers (200 miles) of the 
U.S.-Canadian border, concurrence by the Canadian gov 
ernment has been obtained.
7. Accordingly, pursuant to the authority contained in 
Sections 4(i), 5(c)(l), 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 31, 1995, the FM Table of 
Allotments, Section 73.202(b) of the Commission's Rules, 
IS AMENDED, with respect to the community listed be 
low, to read as follows:
City Channel No. 
Williamstown, West Virginia 245A
8. The window period for filing applications will open 
on July 31, 1995, and close on August 31, 1995.
9. IT IS FURTHER ORDERED, That this proceeding IS 
TERMINATED.
10. For further information concerning this proceeding, 
contact Sharon P. McDonald, Mass Media Bureau, (202) 
418-2180. Questions related to the window application fil 
ing process should be addressed to the Audio Services 
Division, FM Branch, Mass Media Bureau (202) 418-2700.
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos 
Chief, Allocations Branch 
Policy and Rules Division 
Mass Media Bureau
3 The coordinates for Channel 245A at Williamstown are North 
Latitude 39-22-18 and West Longitude 81-31-04.
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