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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. 98-149 Table of Allotments, ) RM-9331 FM Broadcast Stations. ) (Long Beach and Shallotte, North Carolina)) REPORT AND ORDER (Proceeding Terminated) Adopted: March 3, 1999 Released: March 12, 1999 By the Chief, Allocations Branch: 1. At the request of Morfield, L.L.C., the Commission has before it the Notice of Proposed Rule Making, 13 FCC Rcd 15350 (1998), proposing the reallotment of Channel 252C3 from Shallotte to Long Beach, North Carolina, as the community's first local aural service, and the modification of its construction permit for Station WAZO(FM) to specify Long Beach as its community of license. The petitioner filed comments reiterating its intention to apply for the channel, if reallotted. No other comments were received. 2. The proposed reallotment of Channel 252C3 from Shallotte to Long Beach 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 ("Change of Community R&O"), 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community MO&O), 5 FCC Rcd 7094 (1990). Long Beach is an incorporated city with a 1990 U.S. Census population of 3,816 persons. In addition to providing Long Beach with its first local aural transmission service, we noted that the reallotment would not deprive Shallotte of local aural service since it would still have one AM and two FM stations licensed to the community. Further, we noted that the reallotment would not involve the reallotment of a station from a rural to an urbanized area since the 70 dBu contour of Station WAZO(FM) would only cover 4.2% of the Wilmington, North Carolina, Urbanized Area. 3. In the Notice, we pointed out that petitioner's proposal sought to relocate its transmitter site, thus creating areas which would lose reception service as well as areas which would gain reception service. In response to our request for further information concerning the areas and populations which would gain and lose service, petitioner states that Station WAZO(FM) is not yet built and therefore any loss or gain area and population would be theoretical. However, it states that if reallotted, 12,416 people within a 750 square kilometer area would lose service from a Shallotte Station WAZO(FM) while 12,900 people within a 38 square kilometer area would gain service from a Long Beach Station WAZO(FM). However, it states that the entire population within the loss area is "well-served" already because they currently receive at least eight fulltime aural services. 4. We believe the public interest would be served by reallotting Channel 252C3 from Shallotte to Long Beach, North Carolina. The reallotment will provide Long Beach with its first local aural service, thus fulfilling priority (3) of the Commission's allotment priorities. We recognize that the reallotment will result in a loss of potential service to 12,900 people. However, while we carefully evaluate a proposal that would result in a loss of existing reception service, in this case, Station WAZO(FM) is not built. Therefore, we do not consider the channel's removal from Shallotte as presenting the same concerns with loss of service that would be represented by the removal of an operating station, as it does not represent a service that the public has come to rely upon. See Chatom and Grove Hill, Alabama, 12 FCC Rcd 7664 (1997), and cases cited therein. In accordance with Section 1.420(i) of the Commission's Rules, we will also modify petitioner's construction permit for Station WAZO(FM) to specify Long Beach as its community of license. 5. Channel 252C3 can be allotted to Long Beach in compliance with the Commission's minimum distance separation requirements with a site restriction of 11.6 kilometers (7.2 miles) east to accommodate petitioner's desired transmitter site. 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 April 26, 1999, 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. Long Beach, North Carolina 252C3 Shallotte, North Carolina 279C3, 292A 7. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of Morfield, L.L.C. for Station WAZO(FM), IS MODIFIED to specify Long Beach, North Carolina, in lieu of Shallotte, North Carolina, as its community of license, 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. 8. 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, Morfield, L.L.C. permittee of Station WAZO(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. 9. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 10. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau