******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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. 96-123 Table of Allotments, ) RM-8875 FM Broadcast Stations. ) (Tullahoma, Lynchburg and ) Petersburg, Tennessee) ) REPORT AND ORDER (Proceeding Terminated) Adopted: November 18, 1998 Released: November 20, 1998 By the Chief, Allocations Branch: 1. The Commission has before the Notice of Proposed Rule Making in this proceeding. 11 FCC Rcd 13164 (1996). Tri-County Broadcasting, Inc. ("Tri-County Broadcasting") filed Comments. Petersburg Broadcasting and Hopkins-Hall Broadcasting, Inc. ("Hopkins-Hall") each filed a Counterproposal. Big River Broadcasting Corporation ("Big River Broadcasting") filed "Comments and Contingent Counterproposal." For the reasons discussed below, we are denying the underlying proposal and the three counterproposals filed in response to the Notice. Background 2. At the request of Tri-County Broadcasting, the Notice proposed the allotment of Channel 296A to Tullahoma, Tennessee, as a second local FM service. In response to the Notice, Petersburg Broadcasting filed a counterproposal proposing the allotment of Channel 296A to Petersburg, Tennessee, as a first local service, and Hopkins-Hall filed a counterproposal proposing the allotment of Channel 296A to Lynchburg, Tennessee, as a first local service. In its "Comments and Contingent Counterproposal," Big River Broadcasting contends that the underlying proposal for a Channel 296A allotment at Tullahoma does not comply with the minimum separation requirements with respect to Station WQLT, Channel 297C, Florence, Alabama. In the event that we determine that the proposed Channel 296A allotment at Tullahoma does, in fact, comply with the applicable minimum separation requirements, Big River Broadcasting requests that its counterproposal for a Channel 296A allotment at Lynchburg, Tennessee, be considered in this proceeding. 3. As correctly noted by Big River Broadcasting, the underlying Channel 296A proposal at Tullahoma was premised on Station WQLT downgrading to Channel 297C1. Indeed, at the time Tri-County Broadcasting filed its Petition for Rule Making for a Channel 296A allotment at Tullahoma, we had granted a construction permit (File No. BPH-960322ID) downgrading Station WQLT to Channel 297C1, and the covering license application (File No. BLH-960617KA) was pending. Notwithstanding the pendency of the license application, any petition for rule making filed prior to the grant of the license application must protect the existing Station WQLT license on Channel 297C. See Section 73.208(a)(1)(i) of the Rules; see also Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989). In this instance, the 146.4-kilometer separation between the proposed Channel 296A allotment at Tullahoma and the existing Channel 297C authorization at Florence does not meet the 165-kilometer separation requirement set forth in Section 73.207(b) of the Rules. For this reason, we will deny the proposal. Similarly, the three counterproposals do not meet the same 165-kilometer separation requirement with respect to Station WQLT. Each of these counterproposals will also be denied. 4. Accordingly, IT IS ORDERED, That the proposal filed by Tri-County Broadcasting Company, Inc. for Channel 296A at Tullahoma, Tennessee (RM-8875) IS DENIED. 5. IT IS FURTHER ORDERED, That the counterproposal filed by Petersburg Broadcasting for a Channel 296A allotment at Petersburg, Tennessee, IS DENIED. 6. IT IS FURTHER ORDERED, That the counterproposal filed by Hopkins-Hall Broadcasting, Inc. for Channel 296A at Lynchburg, Tennessee, IS DENIED. 7. IT IS FURTHER ORDERED, That the counterpropsal filed by Big River Broadcasting Corporation for Channel 296A at Lynchburg, Tennessee, IS DENIED. 8. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 9. For further information concerning this proceeding contact Robert Hayne, Mass Media Bureau (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau