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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Section 73.202(b), ) MM Docket No. 97-71 Table of Allotments, ) RM-8920 FM Broadcast Stations. ) (Chatom and Grove Hill, Alabama) ) REPORT AND ORDER (Proceeding Terminated) Adopted: May 28, 1997 Released: June 6, 1997 By the Chief, Allocations Branch: 1. The Commission considers herein the Notice of Proposed Rule Making ("Notice"), 12 FCC Rcd 959 (1997), issued in response to a petition filed by Capital Assets, Inc. ("petitioner") permittee of Station WFOW(FM), Channel 291C3, Chatom, Alabama, proposing the reallotment of Channel 291C3 from Chatom to Grove Hill, Alabama, as the latter community's first local aural transmission service, and modification of its authorization (File No. BPH-950417MC) accordingly. Supporting comments were filed by the petitioner. No other comments were received. 2. As explained in the Notice, petitioner seeks to invoke the provisions of Section 1.420(i) of the Commission's Rules to enable it to provide a first local aural transmission service to Grove Hill (population 1,551), an incorporated community that is not associated with any Urbanized Area, and increase the degree of service within its primary service area from its present theoretical level of 35,339 persons to a population of 42,620. 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 ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). Petitioner's proposal is mutually exclusive with its existing authorization at Chatom (population 1,094), as the distance to petitioner's specified site at Grove Hill is 51.4 kilometers (32 miles) whereas a distance of 153 kilometers (95 miles) is required in this instance. 3. In further support of its proposal, petitioner urges that adoption of its proposal would result in a preferential arrangement of allotments consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992), as the reallotment would provide the larger community of Grove Hill with its first local aural transmission service. While the reallotment would result in removal of the only potential local service at Chatom, petitioner avers that as Station WFOW(FM) is an unbuilt facility, the residents of that community will experience no loss of existing service if its proposal is adopted. 4. Based upon the information presented, as the petitioner's reallotment request is consistent with the provisions of Section 1.420(i) of the Commission's Rules, we will reallot Channel 291C3 from Chatom to Grove Hill, Alabama, and modify the authorization of Capital Assets, Inc. for Station WFOW(FM). The reallotment will provide a first local aural transmission service to the larger community and will enable Station WFOW(FM) to increase its potential service to an additional 7,281 persons within its projected 1 mV/m contour at Grove Hill. Although we carefully evaluate a proposal that would result in a loss of existing reception service, in this instance Station WFOW(FM) is not constructed. Therefore, we do not consider its removal from Chatom to present the parallel concerns with loss of service represented by the removal of an operating station, as it does not constitute a service that the public has become reliant upon. See Sanibel and San Carlos Park, Florida, 10 FCC Rcd 7215 (1995); Pawley's Island and Atlantic Beach, South Carolina, 8 FCC Rcd 8657 (1993); and Glencoe and LeSueur, Minnesota, 7 FCC Rcd 7651 (1992). Moreover, the reallotment will not result in the relocation of Station WFOW(FM) from a rural to an urban area. 5. Channel 291C3 can be allotted to Grove Hill, Alabama, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing the petitioner's specified site located 14.3 kilometers (8.9 miles) northeast of the community, at coordinates 31-48-20 and 87-38-07. 6. 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 July 21, 1997, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED with respect to the communities listed below, as follows: City Channel No. Chatom, Alabama -- Grove Hill, Alabama 291C3 7. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the authorization of Capital Assets, Inc.(File No. BPH-950417MC), for Station WFOW(FM), IS MODIFIED to specify operation on Channel 291C3 at Grove Hill, Alabama, in lieu of Channel 291C3 at Chatom, Alabama, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301), specifying the new facility; (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620; and (c) Nothing contained herein shall be construed to authorize a change in transmitter location or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 8. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in 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, Capital Assets, Inc., permittee of Station WFOW(FM), is required to submit a rule making fee in addition to the fee required for the applications to effectuate the change in community of license at Grove Hill, Alabama. 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau