FCC 67-578
FM Table of .d8signments
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
159
In the Matter of
AMENmfENT OF SECTION 73.202, TABLE OF
ASSIGNMENTS, FM BROADCAST STATIONS
(LEITCHFIELD, Ky., ROLLA -'ND COLIDIfBU,
Mo., BAKERSFIELD, CALIF., S-'NDUSKY, MiCH.,
ENTERPRISE -'ND TROY, ALA., L.<nYSMITH,
WIS., AND IRONWOOD, MICH., STURGEON BAY,
WIS., MORRIS, J\frNN., JERSEYVILLE, ILL.,
AUGUST-', G-,., BREWTON -'ND ANDALUSIA,
ALA., WICKENBURG, ARIZ., POTSDAM, N.Y.,
NEW ALB-'NY, OHIO, -'ND CIRCLEVILLE,
OHIO)
Docket No. 16662
RM-957, RM-948,
RM-940, RM-949,
RM-941, RM-956,
RM-878, RM-958,
RM-944, RM-959
SECOND REPORT AND ORDER
(lldopted May 10, 1967)
By THE COM:>rrSSION: COMMISSIONERS BARTLEY -'ND COX DISSENTING:
Co"rMlssIONERS vV-'DSWORTH AND JOHNSON -'BSENT. '
1. The Commission has under consideration the further notice of
proposed rulemaking issued herein on November 4, 1966 (FCC 66 
963), proposing to amend the FM Table of Assignments (sec. 73.242
of the rules) by assigning channel 285A at Columbus, Ohio, and
substituting channel 296A for 285A at Circleville, Ohio. The proposal
was supported by the Christian Voice of Central Ohio (Christian
Voice), a potential applicant for the Columbus assignment, and
opposed by Honor L. Greenawalt and Nelson R. Embrey II, doing
business as Circleville Broadcasting Co., licensee of statIOn WNRE
(FM), on channel 285A at Circleville CWNRE). This station would
ehange channels under the proposal. These were the only commenting
parties.
BACKGROUXD
2. A brief account of the background of this matter will be helpful.
The Table of FM Assignments (sec. 73.202 of the rules), adopted in
mid-1963,' contained seven channels at Columbus, six class B channels
on which stations were in operation, and channel 285A, designed to
provide an additional channel in line with the general population
criteria used in preparing the table.' Channel 292A was assigned to
]. 'l'hird report, memorandu.m opinion and order in docket 14185, 23 R.R. 1859, FCC 63 
135 released Aug. 1, 1963.
2 FUrther notice of proposed rulemaking in docket 14185, FCC 62-867, release<lAu~.14,
1962. Cities of from 250,000 to 1 million population were to ,be assigned, if possible, six to
10 commercial channels. Since Columbus had a 1960 population of about 475,000 and thus
was not near the bottom of the bracket, the assignment of more than six channels appeared
appropriate.
8 F.C.C, 2d
106-543-67--1
160 Fedepal Commllnicatiom Commission Repol't8
Circleville (1960 census population, 11,059), some 25 miles south of
Columbus. No immediate demand developed for the additional Colum 
bus assignment, and in mid:1964 it was deleted and assigned to Circle 
ville as a substitute for 292A, whicb was being deleted there for use
as a first assignment at another 'community (docket 15424, 2 R.ll. 2d
1695, 1698, FCC 64-616). No replacement at Columbus could be found.
I~October~964,an.application was granted for channel 285A at Circle-
VIlle, becommgstatIOn WNRE. .
3..In December 1964
1
Chris!ian Voice filed a petition for rulemaking
looking toward returnmg28DA to Columbus by shIftmg the CIrcle 
ville assigmnent and,Th"REto channel2~J6A,which could be used
at that city. When WNRE (then a new CP holder) opposed the
change, Christian Voice amended its petition to specifv instead channel
280A for' New Albany, Ohio, a small community some 12 uules from
Columbus. It was reEresented that this assignment could be used
consistent with all mIleage separation requirements with respect to
other assignments, and on this basis we proposed in docket 16006 to
assign channel 280A to New Albany, and later adopted the proposal
(report and order in docket 16006, 1 F.C.C. 2d 1060, adopted Oct.
20,1965). Christian Voice tendered an application for a station on
this channel in April 1966. It was then discovered that any use of
the New Albany assignment would involve a short separation with
station WPAY-FM on adjacent channel 281 at Portsmouth, Ohio,
since that station's transmitter is in zone II (KentuchJ') and it is,
thus, a class C station requiring a 105-mile separation with respect
to class A stations on first adjacent channels (about 11 miles more
than the distance to the proposed New Albany site). Accordinglv, in
the initial notice herein (issued May 27, 1966) we proposed on our'own
motion to delete the New Albany assignment. Christian Voice opposed
this in comments. In August 1966, Christian Voice filed supplemental
comments (with a petition to accept them), requesting 280A for New
Albany for use on a short-spaced "equivalent protection" basis, but
also advancing, as an altern.ative, its~arlieJ.'prop?sal to return.cl.'annel
285A to Columbus by makmg the CIrcleVIlle shIft. An OppOSItIOn by
WNRE and reply by Christian Voice were filed, and on the basis of
these pleadings we issued the further notice herein, stating that the
. short-spaced New Albany assignment is not warranted and setting
forth the Columbus-Circleville proposal. . .
4. Christian Yoice, a nonprofit corporation formed to operat.e a re 
ligious station, reasserts the need of Columbus for a seventh com 
mercial channel, calling attention to the 1960 census population of that
city (471,316) and its.standard metropolitan statisticltl area (Frank 
Jin County, 682,962). In particular, it is urged that there is need for
a station of the sort Christian Yoice would operate, largely devoted
to religious broadcasting (discussions by members of the clergy, pro 
o'ramsefor shut-ins and persons in institutions, Bible study, religious
drama~classical religionsmusic~church services, and sermonette..l;j froln
time to time during the day). It claims that other area stations do
'not meet the need for religious programing other than on Sundays. It
lists 45 Roman Catholic and Protestant churches supporting its pro 
posal, and attaches letters from the radio and TV director of the
Roman Catholic Archdiocese, the head of the Ohio Council of
8 F.e.e. 2d
FJJ Tobie of Assignments
161
Churches~and 14- other lninisters supporting its cause, as well a:" Ipttl'l's
£1'0111 the Inayor of Cohunbus and other illdiyiduals to the SUllIe etI'eet
(a total of 300 are said!o~haYebeenreceived). . .
5. In oPposItion, W::S RE asserts that there 1R no substantIal nel'd
for an addItional Columbus assignment, since there. are now t'ight F).f
stations there (including t"IYO educational stations) and since other
stations present a substantial amount of religious pnwraming-.' It is
also claimed that Christian Voice's operation wouldl~bvn(~means
entirely of this character, since in its application for channel 280A at
Ne"IY Albany It proposed about 3ti.percent of other type', of program 
ing, and 6·±.percent of Its progranlln!_"lYould be commercial. In opposi 
tion to haYIng to ehange channel, W::S HE asserts that It had to alllend
its pending application in 19G4 because of the substitution of channels
at Circleville (at a cost of some 8UlOO). and that this proposed second
shift would be disruptive of the stability to which a licensee is entitled.
It is elaimed that the station is just getting established (it. commenced
operation in September 19(5), and t!Ia:. the~.hang-~"~ouldmean the
diffcrence between surYIval and demISe' of CIrclpnlle's onh- statlOn.
e3pecially since its former frequency would be used onl}: n short
distance away in Columbus. It is said that listener confusion ,,,,d lo'<s
of revenue ,vould result. lVKRE refers to hvo cases in whieh we lmve
Inude new assign111ents by reqnirin7 stations in other citips to ehangf>
channels, and asserts that neither applies here becanse ill both of those
cases the new channel "lYould be the first in the commnnitv.
6. c\. good deal of the argnments of the pa!·ties rdates to reimburse 
ment to\Y~~REfor the cost of changing cllnIllWls, ,vhJeh }wl'e, as in
other similar cases, will be expected in a reasonable amonnt. Christian
Voice, as it had earlier, states that if it becomes the permittee, it is
ready to reimburse lVKHE for the legitimate and prndent out-of 
pocket expenses incurred in the 111ove,' engineeringcost~or othen-dse,
and to have the Commission decide the matter if the parties cannot
azree. 1VKRE questions Christian Yoice's ability to pay andnr"es that
it should pay regardless of "lYhether it ultimately gets the. channel or
not, since It is the party causing the shift jf one is reqnired. This party
asks that, if the proposal is adopted despite its opposition, ChrIstian
Voice be required to commit itself to pay the reasonable and prudent
costs of the change in frequency. lY)fRE sets forth a list of cost items
it believes to be appropriate for reimbursement, set forth below and
total1ngo,~er$l;)~OOO,and asks for a Con1mission determinatiollftS to
which of these Christian Voice should be required to pay. In reply,
Christian 'Voice restates its willingness to pay reasonable costs but only
if it gets the channels, ques60ns both the amounts set forth by lVKRE
amI ,,-hether certain items are properly includible at all, and rcasserts
its ability to pay (sho,ving cash in bank of more than $5.000). An
engineering affidavit is attached in snpport of Christian ,701ce 's lower
cost figures.
~Wt' note that ont' ColumbusVH station. WCOL-F::'tI. whkh waB rf'Quirpd to pl"Ol!ram
i'.pparately from the companionA~Istation 50 percent of the time stnrting .Tun. L 19.G7,
tin;; turned to a formatlar~elydevotf'd to religious music of VnriOlli'. kind". Howpyer, rf'li·
giOllsmusic is; only oDe of thp se,eral types of reli.l!1oUs programing propo;;ed by f'hr!;;tian
Voir'e. There is particular reference in the oppol;;ition to a ;;tutiun at Springfiflold. Ohio,
li(~eIl~el1to a religious .eToup and df'votf'd primarIly to-relt~iOlls;programing, which WNRE
(·laimf-; is cle-arl)' rpcpjye-d in Columbus. Ho-wf"ver, we- note that. 43 miles away" thift station
rl<lf'-'; not put into Columbus a sig-naI of anything like the 1 rnv/rn intpn"lty s[Jt'dfit'd iose-c.
7:1.31::J(b) of the ruleH as necesf;llry to provide service in metropnlilnll arpaf-;.
S F.e.C. 2d
162 Federal Oom.11Iunical'io7l.s Oommi88um Reports
CONCLUSIONS
7. After careful consideration of the facts and arguments urged
by the parties, we conclude that the proposal should be adopted, and
channel 285A assigned to Columbns and channel 296A snbstituted for
285A at Circleville. As mentioned (footnotes 1 and 2), Colnmbus was
assigned seven commercial channels when the FM ta.ble was adopted
and its size and importance clearly warrant that number, in light of
the general population criteria used.
4
The number was temporarily
reduced by our 1964 action removing one assignment, for which no
demand had developed, in order to make a needed first assignment in
another commnnity: but now that a demand has been demonstrated
and addition of a channel is possible without loss of assignments else 
where, we believe the proposed addition is clearly desirable. The public
interest in the new Columbus assignment, in our view, clearly out 
weighs whatever disruption of servlCe may occur temporarily in con 
J;lection with the Circleville operation. Economic injury is, of course,
,. relevant consideration only insofar as it affects the public interest
rather than the private interest of the licensee: 5 and we are not per 
suaded that the effect of the channel shift is likely to be great enough
to force the demise of Circleville's only local station or a significant
deterioration in its service. 'Ve believe that 2 years of operation, which
the station will have accumulated by October 1967, when this action
becomes effective, should have given the. station sufficient identity with
its listeners so that they will continue to listen to it on its new channel.
The October 1907 date should give adenuate time for 'VNRE to
acquaint its audience with the forthcoming change and engage in
suitable promotion.
8. WNRE points to two cases in which we ordered stations to change
channels in order to provide first assignments in other communities
(Kenton-Bellefontaine, Ohio, and Miami-Hialeah, Fla., and asserts
that the same high degree of need is not present here. However, these
are by no means the only two cases in which we have taken such action,
nor llas it been confined to situations where a first assignment was
involved. For example, in docket 15937, we ordered a statIOn at Pros 
ser, ViCash., to change in order to make a third assignment (first class
C) at Wenatchee; and in docket 15911 we ordered a station at Cocoa,
Fla., to change in order to provide a second assignment at West Palm
Beach (see 2 FCC 2d 828, 7 RR 1541,6 R.R 1514). As in those cases
(as well as those mentioned by I'VNRE), the public interest in the new
Colnmbus assig-nment outweighs the amount of public detriment
which mnv be involved. 'Ve also note the nrgnment thnt this is the
second channel shift at Circleville. This might be a consideration if
an authorized station had been involved both times; but that is not
the case here. As far as the public is concerned, this will be the first
change. . . .
9. vVe have reaehed the above deciSIOn on the baSIS of general alloca 
tion principles. As a general principle, channel assignment questions
"Of thf> 27 eitie.. with 1960 cenens populations larger than Colum'buB, only two (Atlanta
and Memphis) are assigned six commercial channels; the rest have se"\'"en or more. Several
dties smaller than Columbus have seven or more, including Birmingham, Oklahoma City.
Omaha. and portland (Oreg.).
(; FCC v. Sunders Brot1/ers Rad·io Station, 309 U.S. 470 (1940).
8 F.C.C. 2d
Fill Table of A88ig'llments
163
cannot be decided on the basis of programing to any substantial exter:t,
for one reason because it cannot be determmed who the grantee WIll
ultimately turn out to be, and for another because programing is sub 
ject to change. However, if it does develop that Christian Voice be 
comes the licensee on the new Columbus channel, it appears that a sig 
nificant contribution to the programing available in that area would
be made.
10. Accordingly, we conclude that the public interest wonJd be
served by adoption of the proposal. As mentioned in the background
discussion earlier, at one time there appeared to be another means of
providing another channel in the Columbus area, and channel 280A
wasassign~dat nearby Xew Albany. It later developed that this
assigmnent could not be used in compliance WitJl the mileage separa 
tiou and principal eity coverage rule. In the further notiee we indi 
eated that we regarded assignment of that ehannel on what would
necessarily be a short-spaced basis as inappropriate. especiallv when
an additional Columbus assigmnent can be provided 'eonsistently with
the rules. ,Ve adhere to that decision here, and channel 280A is being
deleted from New Albany. There is no reason to make assignments in
derogation of the rules when an assignment ean be provided whieh
meets standard separation requirements. See Danville and Gretna.,
Virginia, docket 15987, 5 FCC 2d 333, 8 R.R. 2d 1595 (1966).
11. Reimbu.rsement: Who 8hould pay.-1VNRE claims that it
shonJd be reimbursed by Christian Voice whether or not that party
becomes the permittee on the new Columbns ehanne!; Christian Voice
asserts that it should be responsible only if it gets the ehannel and that
whoever becomes the permittee should be the source of reimbursement.
We agree with Christian Voiee. In the Kenton-Bellefontaine case
cited by ,VXRE, and in other such cases, we have repeatedlY stated
that the reimbursement should eome from the party benefitiilg from
the ehan)!e: i.e., whoever becomes the. permittee on the new channel
(see 3 FCC 2d 605).
12. Cost item,; claimed.-As mentioned above, ,VNRE sets forth a
total of $15,409 whieh it believes to be "legitimate and necessary out 
of-pocket expenses" and asks the Commission to rule on which items
we believe are reasonable and prudent, and require Christian Voiee
to eommit itself to pay them. Christian iToiee III reply comments (sup 
ported by an engineering affidavit) questions several of the cost
figures and asserts that one Item-losses m revenue--shouldno~be
lllc1uded at all. ,Ve do not here pass upon the amounts set forth, smce
it cannot now be determined what they will actually prove to be; it
appears at this point that Christian Yoice's lower figures will likely
be closer to the mark. The largest sum we have approved in these
cases is $2,800. ,Ve belieye it appropriate, for the guidance of the
partie? here and in sill1ilar .cases, to~nalmcertain observations as to
what Items may be the subject of rellllbursement:
(a.) Engineering, legal a,nd equipment.-WNRE claims a total of about
$6,700 in engineering and technical costs ($5.000 for a new antenna and
installation; $175 for monitors, $15 for a frequency-measuring service, $1,000
in consulting engineering foo<o;, and $500 in legal fees). Christian Voice
questions the amount for the antenna and the consulting engineering fees.
We believe that the items mentioned are all appropriate for reimbursement,
8 F.C.C. 2d
164 FedetaZ Communications Commi,.,ion Hepm'l,
though, as stated, not necessarily the amounts claimed.
6
'We make one obser 
vation: A licensee required tu change frequency is entitled to reimbursement
for equipment only to the extent new equipment is actually required (Le.,
some antennas can be retuned for a relatively small shift), and only for
equipment corresponding to that previollsly in use. In other words. the beue 
fiting party should not be required to pay for improving and modernizing
the existing station's facilities.
(b) Printing (logs and station&rY), $89.-Assuming new logs have to be
printed, this appears appropriate.
(c) Out-oj-pocket nonreduoible e:cpen.86S while station is off the air. 
WKRE claims it \yill he off the air 1 to 2 weeks, with expenses continuing
at the rate of $983 a week, which is claimed (salaries $850, telephone, rent,
etc.). Christian Voice asserts the changeover can be made in a12~hour
period, certainly no more than 1 to 2 days ofoff~airtime, or $382 at the
rate mentioned. Theseexpen~esappear appropriate for reimbursement for
whatever silent period b actually needed to make the r(:(juired adjui':tment.
It is expected that the licensee will attempt 'to resume operation as soon
as Possible.
(d)' Adverti8'ln(J promotion for new treqttency.-1VXRE claims $4,:511
for newspaper advertising, including advertising for a 6-molltll perioli in
a ColumbUS daily, a Circleville paper and four other area paperS. Christjan
Voice criticizes thi s figure, asserting -that 6 months' advertising is not
necessary, &ince most of the informational job could be dOlle by annOUlK"€ 
ments over the station. We agree with 'Y,XRE that a certain amount of
ne\vspaper advertising should be reimbursable, out as mentioned aOOve in
connection with equipment, we do not believe the benefiting party should
be required to pay for improving the situation of the exiHting statioll.
Wllile we do not DOW decide the question, it appears unlikely that more
than $1.000 would be appropriate on this score.
(e) LU88 of revenu8.-WNRE estimates its loss of revenue-----both during
off-air time and subsequently through failure of advertisers to renew
until listeners become famniar 'with the new dial position---'at $3,000.
Christian Voi'Ce asserts that the Commission should adhere to its position
in the Kenton-Bellefontaine case that such losses are not properly tbe sub 
ject ofreimbursement,becam-:e they are speculative and conjectural 'at
best, the 'holding of a license is not a guarantee of profits or revenues,
and the holder is not entitled to reimbursempnt for lass thereof if the
puhlic intereKt requires a change in facilities. (See 3 FCC ;')2d 605, 7 R.R.
2d 1608--1609.) TIre adhere to this POSitiOll. See Nelson BTOS. Bond and
Mortgage 00. v. FRO, 289 U.S. 266 (1932).
(1) llIiscellaneous (telephone calls, etc.) $100.-Reimbursement for such
items appears appropriate.
13. \Ve expect the parties to be guided in their negotiations by these
observations, It is expected that they will attempt in good faith to
reach agreement.
14. P.rocedural matters.-1Ve are making the new Columbus and
Circleville assignments adopted herein effective October 1, 1967, a
period of nearly 5 months which should be adequate to prepare for
the changeover, Since this is the expiration date of \VNRE's license,
that statIOn can be directed to change frequency without following
the requirements of section 316 of the Communications Act con 
cenllll<Y modification of license. See Tran8continentTeZev~,ionOorp.
v. FOO, 308 F. 2d 339 (1962). The renewal application for WNRE
shall specifychannel296~instead of channel 285A. _ .
15. \VNRE may contmue to operate on channel 28ilA untll at
least October 1, 1967, unless it wishes to change over at an earlier
date, in which case it may apply and will be given temporary author 
ity to do so, As to operation after October 1, 1967, if action on an
application for the Columbus assignment is not imminent (e,g., if a
6 It 1s noted that the WNRE antenna c{)uld be used at Columbus and that a large portion
of the cost of a new antenna could be recovered.
8 F,C.C. 2d
165
comparative hearings~tuationdevelops), it would be appropriate to
permit WNRE to~o?-tmuetc: operateo~channel 285A if it desirps to
do so. We are proVldmg that It may contmue on channel2R5.A. until 4.>
davs after grant of an application for that channel at Columbus.
i 6. In view of the foregoing, 1t i'5 ordered. That:
(a) Section 73.202 of the Commission:s rules. the Table ofF~r
Assignments, 18 amended. effective June 19, 1967, to delete the
reference to New Albany, Ohio;
(b) Section 73.202 Is amended, effective October 1, 1967 to
re~ldas follows with respect to the cities listed: '
City: Channel No.
Circleville. Ohio 2963..
Columbus, Ohio 222, 234, 2-±2, 2-±6, 230, 2:;9, 285A
(c) An a.ppIication for renewal of license of station'Y~"'RE.
Circleville, Ohio, Shall specify channel 296A instead of channel
285A;
(d) Station ,YNRE, Circleville, Ohio, 111ay continue to oper 
ate on chan:nel.285A untilOc~ober1, 1967, or 45 days after grant
of an apphcatlOn for a statIOn on channel 285.A. at Colmnbus,
Ohio, whichever is later: or the licensee thereof may apply for
temporary authority to operate on channel 296A prior to
October 1, 1967:
(e) At least 30 days before it wishes to commence operation on
channel 296A, or within 30 days after it receives notification from
the Commission that its operating authority on channel 296A
under paragraph 15 (d) above, is about to terminate, the licensee
of station 1YNRE shall submit to the Commission the technical
information normally required of an applicant for construction
permit on channel 296A, including any c:hanges in antenna and
transmission line; and within 30 days after receiving Con1lllis 
sian authority to operate on channel 296A it shall submit the
measurement clata normally required of an applicant forF~f
station license.
17. Authoritv for the adoption of the amendments is contained in
sections 4: (i), 303, 307(b), and 316 of the Communications Act of
1934, as amended. It is j1£1'ther ordered. That this proceeding Is
termi1Wted.
FEDEIL\.L COl\r:;I:rU:NlCATIONS COl\UrrSSIO:N,
BEX F. 'ViTAPLE, SeCr'etary.
8 F.e.e. 2d