rnmmimirafinng fnmfnigginn__________DA
Before the
Federal Communications Commission
Washington, D.C 20554
In the Matter of
Amendment of Section 73.202(b) ) MM Docket No. 96-196
Table of Allotments, ) RM-8878
FM Broadcast Stations. )
(Georgetown and Garden City, )
South Carolina) )
NOTICE OF PROPOSED RULE MAKING
Adopted: September 13, 1996; Released: September 20, 19%
Comment Date: November 12, 19%
Reply Comment Date: November 27, 19%
By the Acting Cbiefj Allocations Branch:
1. The Commission has before it the petition for rule making filed by Coastline
Communications of Carolina, Inc. ("petitioner"), licensee of Station WWXM(FM), Channel
249C1, Georgetown South Carolina, proposing the reallotment of Channel 249C1 from
Georgetown to Garden Chy, South Carolina, and the modification of Station WWXM(FM)'s
license accordingly. Petitioner states its intention to apply for the channel, if reallotted to Garden
City.
2. Petitioner seeks to invoke the provisions set forth in Section 1.420(i) of me
Commission's Rules, which permit the modification of a station's license to specify a new
community of license without affording other interested parties an opportunity to file cxfmpeting
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 Red 4870 (1989),
recon. granted in part. 5 FCC Red 7094 (1990). In support of its proposal, petitioner states that
Garden City is unincorporated and has a population of 6,305.' Although it is governed by and
receives all of its local services from Horry County (population 144,053), petitioner claims that
Garden City's population is larger than surrounding unincorporated cities that have their own
local services. Petitioner further claims that Garden City, as a beach area, has needs and interests
different from those of the agricultural portions of the county and the highly commercial
'All population figures are taken from the 1990 U.S. Census.
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FeHpral rnmmiinipatinng OmimigMfm __________ F>A
development of the northern Myrtle Beach areas, and is deserving of a local aural transmission
service.
3. Section 307(b) of the Communications Act of 1934, as amended, mandates that the
Commission fairly, equitably, and efficiently distribute frequencies ". . . among the several States
and communities." The Commission has defined "communities" as geographically identifiable
population groupings. Generally, if a community is incorporated or is listed in the U.S. Census,
that is sufficient to demonstrate its status. Absent such recognizable community factors, the
petitioner must present the Commission with sufficient information to demonstrate that such a
place has social, economic, cultural, or governmental indicia to qualify it as a "community" for
allotment purposes. See, e.g.. Oak Grove. Florida. 5 FCC Red. 3774 (1990); Hannibal. Ohio. 5
FCC Red 3315 (1990); and Statenville. Georgia. 5 FCC Red 2685 (1990). Accordingto the 1990
U.S. Census, Garden City is attributed with a population of 6,305, and is listed therein as a
Census Designated Place. While the Census listing raises a presumption of "community" status,
it is not absolute for allotment purposes where the community may be devoid of the customary
factors associated with determining "community" status such as shopping centers, a newspaper,
and social or civic organizations. See East Hemet California, et aL 4 FCC Red 7895 (1989);
Searles Valley. California. 3 FCC Red 5221 (1988); and Naples Florida. 41 RR2d 1549 (1977).
In the past, we have rejected claims of "community" status where a nexus has not been
demonstrated between the political, social and commercial organizations and the community in
question. See Gretna. et al. Florida. 6 FCC Red 633 (1991), and cases cited therein. Therefore,
petitioner is requested to provide specific information to demonstrate whether Garden City has
any commercial, social, economic, cultural, or religious organizations, municipal services, or
governmental units that identify themselves specifically with that locality.
4. We recognize that neither Georgetown nor Garden City is located within an urbanized
area However, an engineering analysis has revealed that Garden City is located 2 kilometers
(1.2 miles) from the Myrtle Beach Urbanized Area, and that Station WWXMQFM) presently
provides a 70 dBu signal over the entire Myrtle Beach Urbanized Area Since Station
WWXM(FM) would continue to provide the entire Myrtle Beach Urbanized Area with a 70 dBu
signal, we do not believe that the proponent should be required to submit a Tuck analysis to
show that Garden City is sufficiently independent of Myrtle Beach to merit a first local service
preference.2 This is due to the fact that Station WWXM(FM) is not "moving into" the Myrtle
Beach Urbanized Area but is already there. See gpulder and Lafayette, Colorado., 11 FCC Red
3632 (1996); and East Los Angeles, et al.. California 10 FCC Red 2864 (1995). Moreover, our
engineering analysis has also determined that since Station WWXM(FM) does not seek to
relocate its transmitter site, the reallotment will not result in any gain or loss areas, and the
station will continue to provide Georgetown (population 9,517) with city grade 70 dBu coverage.
2See also Huntington Broadcasting Co. v. FCC. 192 F.2d 33 (D.C. Cir. 1951); RKO General. Inc.. 5 FCC Red
3222 (1990), and Fave and Richard Tuck. 3 FCC Red 5374 (1988). See also Headland. Alabama and Chattahoochee.
Florida. 10 FCC Red 10352 (1995).
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5. Based on the information before us, we believe the proposal warrants consideration
since the reallotment of Channel 249C1 to Garden City, South Carolina, could provide the
community with its first local aural transmission service, without depriving Georgetown of its
sole local aural service,3 in the event Garden City is ultimately found to qualify as a
"community" for allotment purposes. An engineering analysis has determined that Channel
249C1 can be allotted to Garden City in compliance with the Commission's minimum distance
separation requirements with a site restriction of 3 kilometers (1 .9 miles) northwest at petitioner's
licensed site.4 In accordance with the provisions of Section 1.420(i) of the Commission's Rules,
we will not accept competing expressions of interest in the use of Channel 249C1 at Garden City,
South Carolina.
6. Accordingly, we seek comments on the proposed amendment of me FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, for the communities listed below, to
read as follows:
City Channel No.
Georgetown, South Carolina 229A, 249C1, 293C2 229A, 293C2
Garden City, South Carolina 249C1
7. The Commission's authority to institute rule making proceedings, showings required,
cut-off procedures, and filing requirements are contained in the attached Appendix and are
incorporated by reference herein. In particular, we note that a showing of continuing interest is
required by paragraph 2 of the Appendix before a channel will be allotted
8. Interested parties may file comments on or before November 12, 19%, and reply
comments on or before November 27,1996, and are advised to read the Appendix for the proper
procedures. Comments should be filed with the Secretary, Federal Communications Commission,
Washington, D.C. 20554. Additionally, a copy of such comments should be served on the
petitioner, or its counsel or consultant, as follows:
Edward W. Hummers, Jr.
Holland & Knight
2100 Pennsylvania Ave., N.W.
Suite 400
'Stations WSYN(FM), WSCA(FM), WGIN(AM) apd WLMC(AM) (daytime-only) will remain licensed to
Georgetown.
"The coordinates for Channel 249C1 at Garden City are North Latitude 33-35-27 and West Longitude 79-02-
53.
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Fpripral rnmmnniratinns rnmniissinn_______nA
Washington, D.C 20037-3202
(Counsel for Petitioner)
9. Hie Commission has determined that the relevant provisions of the Regulatory
Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility fret TV> Nnt Apply to Rule Making to Amend Sections
73 202fb\ 73.504 and 73.606^ of the Commission's Rules. 46 FR 11549, February 9, 1981.
10. For further information concerning this proceeding, contact Sharon P. McDonald,
Mass Media Bureau, (202) 418-2180. For purposes of this restricted notice and comment rule
making proceeding, members of the public are advised that no ex parte presentations are
permitted from the time the Commission adopts a Notice of Proposed Rule Making until the
proceeding has been decided and such decision is no longer subject to reconsideration by me
Commission or review by any court An ex parte presentation is not prohibited if specifically
requested by the Commission or staff for the clarification or adduction of evidence or resolution
of issues in the proceeding. However, any new written information elicited from such a request
or a summary of any new oral information shall be served by the person making the presentation
upon the other parties to the proceeding unless the Commission specifically waives this service
requirement Any comment which has not been served on the petitioner constitutes an ex parte
presentation and shall not be considered in the proceeding. Any reply comment which has not
been served on the person(s) who filed the comment, to which the reply is directed, constitutes
an ex parte presentation and shall not be considered in the proceeding.
FEDERAL COMMUNICATIONS COMMISSION
Andrew. J. Rhodes
Acting Chiefj Allocations Branch
Policy and Rules Division
Mass Media Bureau
Attachment: Appendix
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HA
APPENDIX
MM Docket No. 96-196
RM-8878
1. Pursuant to authority found in Sections 4(i), 5(cXl), 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 PROPOSED TO AMEND the FM Table of Allotments, Section
73.202(b) of the Commission's Rules and Regulations, as set forth in the Notice of Proposed Rule
Making to which this Appendix is attached
2. ShowingsJ8.equired Comments are invited on the proposals) discussed in the Notice
of Proposed Rule Making to which this Appendix is attached Proponent(s) will be expected to
answer whatever questions are presented in initial comments. The proponent of a proposed
allotment is also expected to file comments even if it only resubmits or incorporates by reference
its former pleadings. It should also restate its present intention to apply for the channel if it is
allotted and, if authorized, to build a station promptly. Failure to file may lead to denial of the
request
3. Cut-offprotection. The following procedures will govern the consideration of filings
in this proceeding.
(a) Counterproposals advanced in this proceeding itself will be considered, if advanced
in initial comments, so that parties may comment on them in reply comments. They will not be
considered if advanced in reply comments. (See Section 1.420(d) of the Commission's Rules).
(b) With respect to petitions for rule making which conflict with the proposals in this
Notice, they will be considered as comments in the proceeding, and Public Notice to this effect
will be given as long as they are filed before the date for filing initial comments herein. If they
are filed later than that, they will not be considered in connection with the decision in this
docket
(c) The filing of a counterproposal may lead the Commission to allot a different channel
than was requested for any of the communities involved
4. Comments and Reply Comments: Service. Pursuant to applicable procedures set out
in Sections 1.415 and 1.420 of the Commissioris Rules and Regulations, interested parties may
file comments and reply comments on or before the dates set forth in the Notice of Proposed
Rule Making to which this Appendix is attached All submissions by parties to this proceeding
or by persons acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on the petitioner by the
person filing the comments. Reply comments shall be served on the person(s) who filed
comments to which the reply is directed Such comments and reply comments shall be
accompanied by a certificate of service. (See Section 1.420(a), (b) and (c) of the Commission's
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_Eederal Omimiiniratinn« fmnmfccinn T1A
Rules.) Comments should be filed with the Secretary, Federal Communications Commission,
Washington, D.C. 20554.
5. Number of Copies. In accordance with the provisions of Section 1.420 of the
Commission's Rules and Regulations, an original and four copies of all comments, reply
comments, pleadings, briefs, or other documents shall be furnished the Commission.
6. Public Inspection of Filings. All filings made in this proceeding will be available for
examination by interested parties during regular business hours in the Commission's Reference
Center (Room 239) at its headquarters, 1919 M Street, N.W., Washington, D.C.
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