$// R&O, FM B/C STAS. (Ravenswood and Elizabeth, WV), DA 95-483//$ $/ 73.202 FM Table of Allotments, DA 95-483/$ /// new job /// $///DA 95-483,3/16/95///$ DA 95-483 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b) ) MM Docket No. 94-15 Table of Allotments, ) RM-8411 FM Broadcast Stations. ) (Ravenswood and Elizabeth, ) West Virginia) ) REPORT AND ORDER (Proceeding Terminated) Adopted: March 14, 1995 Released: March 20, 1995 By the Chief, Allocations Branch: 1. At the request of MediaCom, Inc. ("petitioner"), licensee of Station WRZZ(FM), Channel 291A, Ravenswood, West Virginia, the Commission has before it the Notice of Proposed Rule Making, 9 FCC Rcd 1033 (1994), proposing the reallotment of Channel 291A from Ravenswood to Elizabeth, West Virginia, and the modification of Station WRZZ(FM)'s license accordingly. Petitioner filed comments in support of the proposal reaffirming its intention to apply for the channel, if allotted to Elizabeth. No other comments were received. 2. Comments. In support of its proposed reallotment to Elizabeth, petitioner contends that the change of community is necessary because from its present tower location, Station WRZZ(FM) is unable to serve Ravenswood with a city-grade signal. In this regard, petitioner has submitted an engineering exhibit demonstrating that multi-path signal distortion and terrain shielding caused by a winding river valley and hills along the sides of the river adversely affect the city grade signal. Petitioner also maintains that the city grade signal, 70 dBu contour, cannot be improved by relocating the transmitter site closer to Ravenswood because of the minimum distance separation requirement with respect to Station WZZW(FM), Channel 292A, Milton, West Virginia. Finally, petitioner states that the reallotment of Channel 291A from Ravenswood to Elizabeth would provide Elizabeth with its first local broadcast service and would not deprive Ravenswood of its sole local aural transmission service. 3. Discussion. As an initial matter, we do not believe that the petitioner's engineering showing regarding the difficulty of placing a city grade signal over Ravenswood justifies the proposed reallotment of the channel. Our terrain profile analysis does reveal that there is a terrain obstruction in the line-of-sight path between the licensed site of Station WRZZ(FM) and Ravenswood. The analysis also reveals that there are no alternate sites available for Channel 291A at Ravenswood that would be fully-spaced to Station WZZW(FM), Channel 292A, Milton, West Virginia, and would also provide an unobstructed signal path to the community. However, our engineering study further concludes that the existing obstruction does not preclude Station WRZZ(FM) from placing a 70 dBu signal over the entire community of Ravenswood. 4. However, we believe that other grounds exist for granting the petitioner's proposal. Specifically, we believe that it is in the public interest to reallot Channel 291A from Ravenswood to Elizabeth, West Virginia, and to modify Station WRZZ(FM)'s license accordingly because this would result in a preferential arrangement of allotments pursuant to the Commission's change of community procedures. See Modification of FM and TV Authorizations to Specify a New Community of License, ("Change of Community R&O" ), 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) ("Change of Community MO&O"). Under those procedures, we compare the existing arrangement of allotments with the proposed arrangement of allotments using our FM allotment priorities. 5. In making this analysis, we note that Elizabeth, a community of 900, would receive a first local aural transmission service, which is priority three. On the other hand, Ravenswood, a community of 4,189, already has a local aural transmission service and, therefore, does not trigger priority three. Rather, it falls under priority four, other public interest factors. Under this priority, retention of Station WRZZ(FM) in Ravenswood would constitute its first local night-time transmission service. In balancing the merits of these proposals, we find that the reallotment to Elizabeth should be made because it triggers the higher allotment priority of a first local transmission service. Moreover, our concern about removal of Ravenswood's only local night-time transmission service is ameliorated by the fact that Ravenswood has at least five full-time reception services and by the fact that a construction permit has been issued for another FM station in Ravenswood. 6. An engineering analysis has determined that Channel 291A can be allotted to Elizabeth in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. Since Elizabeth is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been obtained. Pursuant to the provisions of Section 1.420(i) of the Commission's Rules, we also modify Station WRZZ(FM)'s license to specify operation on Channel 291A at Elizabeth, West Virginia, in lieu of Ravenswood, West Virginia. 7. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 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 May 4, 1995, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows: City Channel No. Ravenswood, West Virginia 226A Elizabeth, West Virginia 291A 8. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of MediaCom, Inc., for Station WRZZ(FM) at Ravenswood, West Virginia, IS MODIFIED to specify operation on Channel 291A at Elizabeth, West Virginia, subject to the following conditions: (a) Nothing contained herein shall be construed as authorizing any change in Station WRZZ(FM)'s license, BMLH-910412KD, except the channel as specified above. Any other changes, except for those so specified under Section 73.1690 of the Rules, require prior authorization pursuant to an application for construction permit (FCC Form 301). (b) Program tests may be conducted in accordance with the provisions of Section 73.1620 of the Rules, PROVIDED the transmission facilities comply in all respects with license BMLH-910412KD, except for the channel as specified above and a license application (FCC Form 302) is filed within 10 days of commencement of program tests. 9. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change of community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As a result of this proceeding, MediaCom, Inc., licensee of Station WRZZ(FM) is required to submit a rule making fee in addition to the fee required for the application to effect the change in community of license. 10.. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report and Order by Certified Mail, Return Receipt Requested, to the licensee, as follows: Don Staats MediaCom, Inc. Post Office Box 1346 Parkersburg, West Virginia 26102 11. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 12. For further information concerning this proceeding, contact Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 6712-01 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 (MM Docket No. 94-15; RM-8411) Radio Broadcasting Services; Ravenswood and Elizabeth, West Virginia AGENCY: FEDERAL COMMUNICATIONS COMMISSION ACTION: Final rule. SUMMARY: The Commission, at the request of MediaCom, Inc., reallots Channel 291A from Ravenswood to Elizabeth, West Virginia, as that community's first local aural transmission service, and modifies Station WRZZ(FM)'s license accordingly. See 59 FR 10607, March 7, 1994. Channel 291A can be allotted to Elizabeth in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction. The coordinates for Channel 291A at Elizabeth are 39-03-48 and West Longitude 81-23-43. Since Elizabeth is located within 320 kilometers (200 miles) of the U.S.-Canadian border, concurrence of the Canadian government has been obtained. With this action, this proceeding is terminated. DATE: Effective , 1995. FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau, (202) 418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Report and Order, MM Docket No. 94-15, adopted , 1995, and released , 1995. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C. The complete text of this decision may also be purchased from the Commission's copy contractors, International Transcription Service, Inc., (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. List of Subjects in 47 CFR Part 73: Radio Broadcasting Part 73 of Title 47 of the Code of Federal Regulations is amended as follows: 47 CFR Part 73 [AMENDED] 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, as amended. Section 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under West Virginia, is amended by removing Channel 291A at Ravenswood and adding Elizabeth, Channel 291A. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau