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In its reply comments, Sinclair argues that petitioner's counterproposal is a "thinly   disguised manipulation" of the Commission's change of community policies to enable Station   WXNC to migrate from rural Warrenton to the Richmond market and thus should be rejected.   Sinclair contends that "common sense and economic reality" dictate that petitioner will move as   close to Richmond as possible, thus increasing the value of Station WXNC. To demonstrate this   wbelief, Sinclair states that petitioner originally proposed to move from Warrenton to La Crosse,   which would have represented a move from one rural community to another. However, it then   filed, as a counterproposal and thus not subject to competing proposals, the reallotment of   Channel 297A to Powhatan, a community only 20 miles from Richmond, Virginia. While the   petitioner states that the allotment, as proposed herein, would result in the coverage of only 3%   of the Richmond Urbanized Area with a citygrade signal, Sinclair speculates that the petitioner   will file an application specifying a transmitter site ten miles east toward Richmond and well   inside the Urbanized Area. Sinclair states that use of such a site, coupled with directionalization   of its antenna to overcome a shortspacing to Station WRQX, Washington, D.C., will enable   Station WXNC to include 74% of Richmond's population and 70% of the Urbanized Area"h$X,^(^(JJ%"   residents within its primary service contour. Further, it states that no evaluation of petitioner's   intent will be made by the Commission in processing its Form 301 seeking a construction permit   after the rule making. Therefore, while it agrees that the Commission must proceed in   accordance with its defined rules, it argues that where proposals involve manipulation of Section   307(b) policies, "real world considerations and common sense" should be applied to "reject such gamesmanship."  6. Sinclair also questions Powhatan's status as a community for allotment purposes,   requesting that the Commission take into account the "flimsiness" of the demographic data relied  Y1-  Jon in Powhatan and Goochland, Virginia, supra. It states that, according to materials obtained   by Benjamin Miles ("Miles"), Sinclair's VicePresident and General Manager of Station WCDX,   the list of institutions, such as the schools and Chamber of Commerce, accredited to Powhatan   X in that proceeding are, for the most part, countybased institutions which identify with the county   rather than the unincorporated place itself. It argues that Powhatan does not "effectively" exist   has an independent community. Regardless of its community status visavis Goochland or other   comparable hamlets, it contends that this "crossroads" is not independent of Richmond, the   nation's 56th radio market. It describes Powhatan as a bedroom suburb/exurb of Richmond, and   jclaims that the majority of its residents both commute to work and recreate in Richmond.   According to Sinclair, Richmond has an Urbanized Area population of 589,198 persons, and  YK-  ;where, according to the latest Broadcasting Yearbook, some 31 stations already compete in the market.  7. As an initial matter, we find that Powhatan is a community for allotment purposes.   We do not believe that Sinclair has provided evidence sufficient to revisit this earlier  Y-  idetermination in Powhatan and Goochland, Virginia, supra. While it may be that not every   organization which was attributed to Powhatan is dedicated solely to the community itself as   opposed to encompassing the entire county, we continue to believe that Powhatan has sufficient   indicia to find that it is a community for allotment purposes. According to the information   supplied by Sinclair, Powhatan, the seat of Powhatan County, is home to both local and county  wide organizations and businesses. Public education at Pocahontas and Powhatan Elementary   [Schools, Pocahontas Middle School, Powhatan High School and Powhatan Vocational &   Technical Center, is provided by Powhatan County but the community does have several private   schools, Blessed Sacrament and Huguenot Academy. It also has a number of businesses with   Powhatan addresses, such as the Powhatan Animal Hospital, Deer Creek Veterinary Service,   .Powhatan Family, a medical care facility, Central Virginia Bank, McGrayMorgan, Inc.,   jDaniel's Heating and Refrigeration Corp., Cozy Acres Family Campground, Cajo's Place   Restaurant & Lounge, Flat Rock Supermarket, and Oakleigh Arabian Farm. Further, we note   that while the Chamber of Commerce is countywide, we note that according to the information   ;supplied by Sinclair, the 1997 Board of Directors consists almost entirely of businesses located   Kwithin the community of Powhatan. The community is also home to almost fifty churches.   Powhatan also has a volunteer fire department. Finally, the data indicates that, for the county   as a whole, more people are employed outside the county than within it. However, these figures   iare for the county and not specific to Powhatan itself. Therefore, since there appear to be a   ,number of businesses and county government operations located within the community, we do"#',^(^(JJP("   not feel that the employment figures are dispositive as to community status. Finally, we note  Y-that Powhatan has a weekly newspaper, Powhatan Today.  l8. Next we turn to Sinclair's supposition that, if granted, petitioner will submit an   application specifying a site different from that set forth herein which will enable the station to   <include 74% of Richmond's population and 70% of the Urbanized Area residents within its   [primary service (60 dBu) contour. Based on this information, Sinclair argues that Station  Y_-  wWXNC will not be a Powhatan station but, in reality, another Richmond station. In Headland,  YH-  Alabama, and Chattahoochee, Florida, 10 FCC Rcd 10342 (1995), the Commission stated that   Ja first local service preference would be questioned where a station would cover 50% or more   Zof an Urbanized Area with a 70 dBu signal. Here, according to the staff engineering study,   Station WXNC, as a Powhatan station, would reach 1% of the Richmond Urbanized Area with  Y -  <its 70 dBu signal. k xPe -  ԍ According to the staff engineering study, Station WXNC's 60 dBu signal would penetrate only 25.5% of the Richmond Urbanized Area. As such, the policy set forth in Headland, Alabama, and Chattahoochee,  Y -  ,Florida, supra, is not applicable in this situation. We see no justification in this proceeding to   expand this policy on the basis of speculation that Station WXNC may file an application that would expand its service into the Richmond Urbanized Area.  9. Based on the information before us, we believe the public interest would be served   by substituting Channel 297A for Channel 297C2 at Warrenton, reallotting Channel 297A to   Powhatan, and modifying Station WXNC's construction permit accordingly. The reallotment   =will provide Powhatan with its first local aural service, thus fulfilling priority (3) of the   ;Commission's allotment priorities, while also enabling Station WXNC to provide service to an  Y-  additional 26,295 persons.X k xP-  ԍ The FM allotment priorities are: (1) first fulltime aural service; (2) second fulltime aural service; (3) first local  xP-  .service; and (4) other public interest matters. Coequal weight is given to priorities (2) and (3). See Revision of  xPg-FM Assignment Policies and Procedures, 90 FCC 2d 88, 92 (1982). The retention of Channel 297C2 at Warrenton would fall under the   ;fourth allotment priority. Further, we find that the reallotment of Channel 297A to Powhatan   will not result in the creation of any unserved or underserved areas as Warrenton will continue   to receive at least five fulltime services. We note that if Station WXNC were constructed at   I Warrenton it would provide service to 153,705 persons. However, while we are concerned with   the loss of service to Warrenton, Station WXNC represents only a potential service since the   istation has never been on the air and thus does not raise the same level of concern. We also   find that the public interest would be served by allotting Channel 297A to Enfield, North Carolina, as the community's first local aural service.  >10. Channel 297A can be allotted to Powhatan in compliance with the Commission's   minimum distance separation requirements with a site restriction of 10 kilometers (6.2 miles)   <southeast to avoid shortspacings to Stations WRQX, Channel 297B, Washington, D.C. and   WUMX, Channel 298A, Charlotte, Virginia. Channel 297A can be allotted to Enfield, North   Carolina, with a site restriction of 1.7 kilometers (1 mile) northwest, to avoid a shortspacing" @,^(^(JJ!"  Y-to Station WNCTFM, Channel 300C, Greenville, North Carolina.k xPy-  Lԍ The coordinates for Channel 297A at Powhatan are 372802 North Latitude and 775110 West Longitude. The coordinates for Channel 297A at Enfield are 361109; 774140.  [11. 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 Septem $bs ber 14 $bs , 1998, the   FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED, with respect to the community listed below, to read as follows:  YH-` `  Cityhh,VppChannel No.  Y -` `  Enfield, North Carolinapp297A  Y -` `  Warrenton, North Carolinapp  Y -` `  Powhatan, Virginiapp297A  12. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications   Act of 1934, as amended, that the construction permit of MainQuad, Inc., for Station WXNC,   Warrenton, North Carolina, IS MODIFIED to specify operation on Channel 297A, in lieu of   Channel 297C2, and to specify Powhatan, Virginia, in lieu of Warrenton, North Carolina, as its community of license, subject to the following conditions:  Y4- X(a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301).(#  jX(b) Upon grant of the construction permit, program tests may be conducted in accordance with Section 73.1620.(#  {X(c) Nothing contained herein shall be construed to authorize a change in transmitter  llocation or to avoid the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules.(#   13. A filing window for Channel 297A at Enfield, North Carolina, will not be opened   at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.  14. IT IS FURTHER ORDERED, That the proposal of MainQuad, Inc., to reallot Channel 297C2 from Warrenton, North Carolina, to La Crosse, Virginia, IS DISMISSED. 15. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. "# ,^(^(JJ$"  L16. For further information concerning this proceeding, contact LeslieK. Shapiro, Mass Media Bureau, (202) 4182180. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` ` hh,VJohn A. Karousos ` ` hh,VChief, Allocations Branch ` ` hh,VPolicy and Rules Division ` ` hh,VMass Media Bureau