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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. 98-17 Table of Allotments, ) RM-8819 FM Broadcast Stations. ) (Beaver Dam and Brownsville, Kentucky) ) REPORT AND ORDER (Proceeding Terminated) Adopted: August 26, 1998; Released: September 4, 1998 By the Chief, Allocations Branch: 1. At the request of Charles M. Anderson ("petitioner"), permittee of Station WKLX(FM) (formerly WAUE-FM), Channel 264A, Beaver Dam, Kentucky, the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 2763 (1998), proposing the substitution of Channel 264C3 for Channel 264A at Beaver Dam, Kentucky, and the reallotment of Channel 264C3 from Beaver Dam to Brownsville, Kentucky. Petitioner also requests that the construction permit of Station WKLX(FM) be modified to specify Brownsville, Kentucky, as its new community of license. Petitioner filed comments in support of the proposal reaffirming his intention to apply for the Channel 264C3, if reallotted to Brownsville. No other comments were received. 2. The proposed reallotment of Channel 264C3 from Beaver Dam to Brownsville, Kentucky, was filed pursuant to the provisions of Section 1.420(i) of the Commission's Rules, which permit the modification of a station's license to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. See Amendment of the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990) ("Change of Community"). As stated in the Notice, Brownsville is an incorporated community with a population of 897 persons and has a mayor-council form of government. It is the county seat of Edmonson County (population 10,357) and is also the retail and financial center for the county. Petitioner further states that it is the location of the county courthouse and several county offices. Brownsville has two banks, over 50 retail establishments, a weekly newspaper, an elementary and high school, three churches, and a Chamber of Commerce. Moreover, petitioner asserts that because Mammoth Cave National Park is located in Edmonson County and attracts a significant number of tourists, county tourism revenue for 1995 increased by 6.6% over 1994 to $59,068,157. Petitioner notes that Brownsville is a growing community with a 65.5% gain in population in 20 years. Petitioner contends that the reallotment will not deprive Beaver Dam of an "existing service" since the station is unbuilt, citing Midway, Panacea and Quincy, Florida, 10 FCC Rcd 6122, para. 6 (1995). Furthermore, petitioner asserts that the reallotment to Brownsville will result in a preferential arrangement of allotments by serving the goals of Section 307(b) of the Communications Act of 1934, as amended, by providing a first local transmission service to Brownsville. By way of contrast, retaining Station WKLX(FM), Channel 264A, in Beaver would trigger priority four because it would be a second local transmission service to Brownsville. This is due to the fact that Station WSNR(AM) (1600 kHz) has been reallotted from Hartford to Beaver Dam, Kentucky. 3. We believe the public interest would be served by reallotting Channel 264C3 from Beaver Dam to Brownsville, Kentucky, since it would provide the community with its first local aural service, and would allow Station WKLX(FM) to expand its service area. Specifically, the reallotment would result in a preferential arrangement of allotments pursuant to the Commission's change of community procedures. See Change of Community, supra. Under those procedures, we compare the existing arrangement of allotments with the proposed arrangement of allotments using our FM allotment priorities. See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88, 92 (1982). 4. In making this analysis, we note that Brownsville would receive a first local service which triggers priority (3). On the other hand, the reallotment to Brownsville would not deprive Beaver Dam (population 2,904) of its sole local service since Station WKLX(FM) is an unbuilt station, and Station WSNR(AM) would remain licensed to the community. Both Beaver Dam and Brownsville receive at least four reception services and neither community is located in nor near an urbanized area. 5. Moreover, the reallotment to Brownsville will result in new service to 103,729 persons, while theoretically only 19,696 persons would lose reception service, who already receive at least five full-time reception services. The reallotment would result in a net gain in population of 84,033 persons to an area of 853 square kilometers (329 square miles); and an area of 142.4 square kilometers (55 square miles) containing 1,208 persons will gain a fifth full-time reception service. Technical Summary 6. An engineering analysis has determined that Channel 264C3 can be allotted to Brownsville in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction at petitioner's requested site. In accordance with Section 1.420(i) of the Commission's Rules, we also modify Station WKLX(FM)'s construction permit to specify operation on Channel 264C3 at Brownsville, Kentucky, as its new community of license. 7. Accordingly, pursuant to the authority found 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 19, 1998, 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. Beaver Dam, Kentucky ---- Brownsville, Kentucky 264C3 8. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of Charles M. Anderson for Station WKLX(FM), Beaver Dam, Kentucky, IS MODIFIED to specify operation on Channel 264C3 in lieu of Channel 264A at Brownsville, Kentucky, subject to the following conditions: (a) Within 90 days of the effective date of this Order, the permittee 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. (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. 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, Charles M. Anderson, permittee of Station WKLX(FM), is required to submit a rule making fee in addition to the fee required for the application to effect the upgrade and 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 following: Charles M. Anderson 1519 Euclid Avenue Bowling Green, Kentucky 42103 (Permittee of Station WKLX(FM)) 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