Federal Communications Commission FCC 08-218
CONCURRING STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re:  Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Vinton, 
Louisiana, Crystal Beach, Lumberton and Winnie, Texas), MM Docket No. 02-212.
In prior statements, I have noted my concerns with the Commission’s lax application of 
the Tuck standard for determining when a proposal is entitled to consideration as a first local 
radio service. See, e.g., Table of Allotments for FM Stations in Evergreen, Alabama and 
Shalimar, Florida, released October 31, 2008.  Those concerns remain.  The facts before us 
here, however, are a close call and it is not clear that the outcome would be affected by a more 
rigorous examination.  I am pleased, however, that my colleagues have agreed to examine our 
radio allotment and assignment criteria, including the application of the Tuck standard to city of 
license modification proposals such as the one here at issue, as part of the recently released Rural 
Radio Service Notice of Proposed Rulemaking.1 This case follows current precedent and I 
therefore concur in the result.
  
1 Policies to Promote Rural Radio Service and Streamline Allotment and Assignment Procedures, Notice of 
Proposed Rule Making, FCC 09-30, (rel. Apr. 20, 2009).