WPC( 2B3T 3|P )Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (TT)s PCL 5eal)HL4SPC5E.WRSx  @UQ,,&yy@2@%P ZuX3|j Times New RomanTimes New Roman BoldHP LaserJet 4000 Series PCL 5eal)HL4SPC5E.WRSXP\  P6Q,,&yyXP.p7PC2X߳XP\  P6QXP.qy.C8*X_C\  P6QPlr7UC2X|XU4  pQXly.G8*XhG4  pQd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 LK7K  X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6Q_P#X01Í ÍX01Í Í#XP\  P6Q߳XP#uuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZS7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS2'@@@S!@$"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddNoordyk states that it currently does not operate Station WSHNFM at maximum 3 kilowatt  FRfacilities but that the reallotment will permit Station WSHNFM to increase the height of the  FvWSHN antenna center of radiation which will allow it to increase operating power to the  Fmaximum 3 kilowatts. According to Noordyk, operating at maximum 3 kilowatt facilities will  F>permit an increase in population from 40,218 people to 43,146 people and an increase from  F1,590.7 square kilometers to 1,828.7 square kilometers. Noordyk points out that Station  FWSHNFM at Holton will continue to provide 1mV/m service to Fremont as there will be no change in transmitter location.  Xb2 4.FullerJeffrey, licensee of Station WPKQ, Berlin, New Hampshire, urges the  F$Commission to grant Noordyk's request to change the community of license for Station WSHN X42 FXFM leaving the policy established in Newnan and Peachtree City intact and extending the  Fpolicy to pre1989 grandfathered Class A FM stations operating at three kilowatts. Fuller X2 FJeffrey points out that its interest in this proceeding is to protect the policy adopted in Newnan  X2 Fand Peachtree City as FullerJeffrey is currently involved in a rule making proceeding in MM  FDocket No. 97216 requesting the reallotment of Channel 279C from Berlin, New Hampshire,  Fto North Conway, New Hampshire, and modification of its license for Station WPKQ. Fuller F$Jeffrey states that its proceeding in MM Docket No. 97216 is similar to the instant proceeding  Finvolving Fremont and Holton, Michigan, as both cases involve grandfathered shortspacings in which the affected station does not propose to modify its transmitting facilities.  XN2 5.After a review of the comments filed in this proceeding, we believe that it is in the best  Finterests of the public to allow pre1989 "grandfathered" FM stations that were in compliance  Fwith our Rules when authorized to continue to be afforded the same opportunity to change their  X 2 Fcommunity of license as other stations authorized in conformity with our Rules. In Newnan  X2 Fand Peachtree City, the Commission reallotted Channel 244A from Newnan to Peachtree City  Fpand modified the license of Station WJKJ to specify Peachtree City as the new community of  X 2 Flicense. Although Station WSHNFM is not a pre1964 "grandfathered" station as in Newnan  X!2 Fand Peachtree City, it is a pre1989 station that does not meet the current spacing requirements  Fset forth in Section 73.207 of the Commission's Rules. While the Commission recognized that  X#2 F>in Newnan and Peachtree City we were authorizing a shortspaced allotment to another pre"# ,-(-(ZZ!"ԫ FX1964 station by granting the community change, no change in class or transmitter site was  FVrequested, therefore no additional or new short spacing was created. Here, Station WSHNFM  F.is fully spaced as a three kilowatt station to all stations prior to the rule changes which became  Feffective in 1989 but is short spaced under the current rules which changed the spacing  Frequirements and increased the power of a Class A station from three to six kilowatts. Station  F~WSHNFM, under the current rules, is short spaced to Station WBCH, Channel 261A, Hastings,  FLMichigan, and Station WSRQ, Channel 261A, Bear Lake, Michigan, but is fully spaced to these  Fstations under the rules in effect prior to 1989. However, since Station WSHNFM is not  Ffchanging its transmitter site and will continue to operate at three kilowatts or less, there will  Fbe no additional or new short spacing created by granting the change of community from Fremont to Holton, Michigan.  X 2   X 2 6.In considering a reallotment and change of community of license proposal, the  F&Commission compares the existing allotment versus the proposed allotment to determine  Fwhether the reallotment will result in a preferential arrangement of allotments. This  X 2 Fdetermination is based upon the FM allotment priorities set forth in Revision of FM  X2 FpAssignment Policies and Procedures ("FM Priorities"), 90 FCC 2d 88 (1982).7 yO ( x(ԍ#X\  P6G;_P# The FM allotment priorities are: (1) First fulltime aural service; (2) Second fulltime aural service; (3) First local service; and (4) Other public interest matters. [Coequal weight given to priorities (2) and (3).]7 Using these  Fpriorities, we believe that the public interest is best served by reallotting Channel 261A to  FHolton. Specifically, since the retention of Channel 261A at Fremont will not provide a first  For second fulltime aural reception service and will not be a first local transmission service, it  Fmust be considered under Priority (4), other public interest matters. Under this priority, it  FHwould provide a second local service to Fremont, a community of 3,875 people. By way of  FHcontrast, reallotting Channel 261A to Holton, a community of 2,318 people, would be a first  Flocal service under Priority (3), which is a higher allotment priority. In addition, the  Freallotment will not have a gain or loss of service as Noordyk has stated that there will be no  X2change in transmitter location.    X2 7.An engineering analysis has determined that Channel 261A can be allotted to Holton,  FMichigan, in compliance with the Commission's minimum distance separation requirements at  Xe2 Fthe current licensed site for Station WSHNFM.|Xe  yO6( xFԍ#X\  P6G;_P# The coordinates for Channel 261A at Holton are 432815 and 855625. Since no change in transmitter site  xis contemplated, concurrence of the Canadian Government is not required for the reallotment of Channel 261A from  yO (Fremont to Holton. | From this site, Station WSHNFM is  Fconsidered a pre1989 grandfathered shortspaced station for purposes of this rule making  FHproceeding operating as a three kilowatt Class A station at Holton. Here, it should be noted  FNthat Station WSHNFM under the current spacing rules at six kilowatts is short spaced to  FStation WBCH, Hastings, Michigan, and Station WSRQ, Bear Lake, Michigan. In granting  F\Noordyk's request for a change of community and protection as a grandfathered short spaced  Fpstation, Noordyk will be expected to specify its current licensed site for Station WSHNFM,  FRFremont, for the applications for a construction permit and a license for Station WSHNFM," @,-(-(ZZ@"  FHChannel 261A, Holton, Michigan. In accordance with Section 1.420(i) of the Commission's  FRules, we will modify Station WSHNFM's authorization to specify operation on Channel 261A at Holton, Michigan, as its new community of license.  X2 8.Accordingly, pursuant to the authority found in Sections 4(i), 5(c)(1), 303(g) and (r) and  F`307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283  F~of the Commission's Rules, IT IS ORDERED, That effective November 22, 1999, the FM Table  Fof Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the communities listed below, to read as follows:  X 2 N N ;CommunityVV+Channel No.  X 2 N N ;Fremont, MichiganVV+  X 2 N N ;Holton, MichiganVV+ 261A  X2 9.IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act  Fof 1934, as amended, that the License of Noordyk Broadcasting, Inc. for Station WSHNFM,  F*Channel 261A, Fremont, Michigan, IS MODIFIED to specify operation on Channel 261A at Holton, Michigan, subject to the following conditions:  X2 (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; 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  X2 Rules.N N ;  N N ;w  X 2 P10.Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a  Fchange of community of license of an FM or television allotment or an upgrade of an existing  FFM allotment, if the request is granted, must submit a rule making fee when filing its  F application to implement the change in community of license and/or upgrade. As a result of  Fthis proceeding, Noordyk Broadcasting Inc., licensee of Station WSHNFM, is required to  Fsubmit a rule making fee in addition to the fee required for the application to effect the change in community of license. "#',-(-(ZZ$"Ԍ X2 ,ԙ11.IT IS FURTHER ORDERED, That the Secretary shall send a copy of this Report and  X2Order by Certified Mail, Return Receipt Requested, to the following:  X2 Station WBCHFMVV+Station WSRQ  X2 Barry Broadcasting Co.VV+Roger Lewis Hoppe II  X2 P. O. Box 88wVV+P. O. Box 262  Xv2 119 W. State StreetVV+Bear Lake, Michigan 49617  Hastings, Michigan 49058  X 212.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  X 2 T13.For further information concerning this proceeding, contact Kathleen Scheuerle, Mass  X 2Media Bureau, (202) 4182180. VV+   H N N ;wVVFEDERAL COMMUNICATIONS COMMISSION  N N ;wVVJohn A. Karousos  N N ;wVVChief, Allocations Branch  N N ;wVVPolicy and Rules Division  N N ;wVVMass Media BureauH  N N ;wVV+g