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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. 96-265 Table of Allotments, ) RM-8913 FM Broadcast Stations. ) (Dickson and Kingston Springs, ) Tennessee) ) REPORT AND ORDER (Proceeding Terminated) Adopted: September 3, 1997 Released: September 12, 1997 By the Chief, Allocations Branch: 1. At the request of Tuned In Broadcasting, Inc. ("petitioner"), the Commission has before it the Notice of Proposed Rule Making, 12 FCC Rcd 2344 (1997), proposing the reallotment of Channel 229A from Dickson to Kingston Springs, Tennessee, and the modification of Station WYYB-FM's license to specify Kingston Springs as the community of license. Petitioner filed comments supporting its proposal. No other comments were received. 2. Petitioner submits that its proposal complies with Section 1.420(i) of the Commission's Rules because that its adoption would result in a preferential arrangement of allotments. Petitioner states that 434,309 persons will gain service as the result of the reallotment of Channel 229A to Kingston Springs, while only 34,252 persons will lose service. In this regard, petitioner points out that the loss areas and populations which will experience a loss of service will still receive service from at least five other aural services. Petitioner also notes that the reallotment would not deprive Dickson of its sole local FM service since two local services would remain in Dickson. Finally, it affirms that it intends to file an application to implement the facility as requested. 3. Based on the record in this proceeding and our own engineering analysis, we believe the public interest would be served by reallotting Channel 229A from Dickson to Kingston Springs, since it 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, 4 FCC Rcd 4870 (1989), recon, 5 FCC Rcd 7094 (1990). Kingston Springs is an incorporated community which is governed by an elected mayor and city council. The reallotment will not remove Dickson's sole local transmission service as Stations WQZQ-FM and WDKN(AM) will remain in the community. Kingston Springs, with a 1990 U.S. Census population of 1,529 persons, will receive its first local aural service. Our engineering analysis shows that the reallotment of Channel 229A to Kingston Springs will enable Station WYYB-FM to serve 414,520 persons in an area of 1,567 square kilometers. We recognize that the removal of Station WYYB-FM from Dickson will create a reception service loss to 28,658 persons within an area of 1,185 square kilometers. However, our engineering studies have confirmed that the population within the loss area will continue to receive service from at least five full-time service, thus the reallotment of Channel 229A will not create any unserved or under-served areas. 4. Channel 229A can be allotted to Kingston Springs consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules. The site restriction is 11.9 kilometers (7.4 miles) east. 5. 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 October 27, 1997, 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. Dickson, Tennessee 273C1 Kingston Springs, Tennessee 229A 6. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the license of Tuned In Broadcasting, Inc. for Station WYYB-FM, IS MODIFIED to specify operation on Channel 229A at Kingston Springs, Tennessee, in lieu of Dickson, Tennessee, 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). (b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620. (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. 7. 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,Tuned In Broadcasting, Inc., licensee of Station WYYB-FM, is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license and/or upgrade. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Pam Blumenthal, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau