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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6QgP#X01Í ÍX01Í Í#XP\  P6QW XP#7PC2,W XP\  P6QXPy.C8*,gC\  P6QP.7UC2,PXU4  pQX.y.G8*,.G4  pQW!0(,߳h0\  P6QhPI(!,ϯ,(\  P6Q,P6G;,P6G;XP"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BD7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fDxTxTxTxo7oD\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^[e*B`^.wRTTn[Cfx`xWlRx[\[ceIfIs`Wx[rriwge*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTT"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddN;WBCBGI5I5SE\>WB_R\RLVJI]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]](1<granted in part, 5 FCC Rcd 7094 (1990) ("Change of Community"). As stated in the Notice,  F[Spencer is a Census Designated Community with a population of 6,306 people and has its own  Xa - Fpost office and zip code.a  yO"-ԍ#X\  P6G;gP# The population figures is from the 1990 U.S. Census. Chowder was requested to furnish additional information to  Fdemonstrate that Spencer has the social, economic and cultural indicia to qualify it as a  X3"- Fjcommunity for allotment purposes., 3"X yO<&- xYԍ#X\  P6G;gP# Chowder states that Spencer has existed as an incorporated town in the Commonwealth of Massachusetts since  x1753, is governed by an elected fivemember Board of Selectmen which administers a budget that provides the  xKcommunity with its own police and fire departments, public works department and a public library. Further, the  xtown budget also supports the SpencerEast Brookfield School District which operates three primary schools, one"(,))("  xjunior high school and one high school in Spencer. Chowder states that there are a number of churches located in  xhSpencer and that the community has several recreational facilities, such as the Spencer State Forest and Spencer Fair  xGrounds. Finally, Chowder points out that the community has a number of grocery stores, drug stores and gas  xstations that serve the residents and that many retail establishments identify themselves specifically with Spencer,  xsuch as Spencer Products, Spencer Motor Sales, Spencer Savings Bank and Spencer Shopper's Village which is an openair shopping mall., We believe that Chowder has provided us with sufficient"3"@,))ZZ9!"  Hindicia to conclude that Spencer is a community for allotment purposes. It is an identifiable  Hpopulation grouping with businesses and community organizations that identify themselves with  X4 Hthe residents of Spencer. See Garrison, Kentucky, 6 FCC Rcd 1428 (1991), Harrietta,  X4Michigan, 12 FCC Rcd 6058 (1997) and Keansville, Florida, 10 FCC Rcd 9831 (1995).  X4 ,3.Chowder asserts that the reallotment of Channel 255A from Webster to Spencer,  HmMassachusetts, would result in a preferential arrangement of allotments under the  HCommission's FM allotment priorities, since it would provide a first local aural transmission  Hservice to Spencer without removing the sole local service from Webster. While Spencer has  Hno local aural transmission service, Station WGPF(AM) is licensed to Webster. According to  HChowder, the reallotment will eliminate short spacings to two stations which exist from the  Hcurrent licensed location as a Webster station. Chowder states that Station WXXW, Webster,  HRis presently short spaced to Station WPLR, New Haven, Connecticut, Channel 256B, and to  HpStation WPLM, Plymouth, Massachusetts, also operating on Channel 256B. Chowder contends  H8that any site relocation of Station WXXW which would eliminate both short spacings, would  Hresult in the transmitter site being located too far from Webster to provide the required city  H8grade coverage. Chowder also states that the reallotment would allow Station WXXW to  Hdoperate with maximum Class A facilities, resulting in a more efficient utilization of the spectrum.  XK4 N N  X44 4.We believe the public interest would be served by reallotting Channel 255A from  H}Webster, Massachusetts, to Spencer, Massachusetts, since it would provide the community with  Hits first local aural transmission service. The reallotment would result in a preferential  Harrangement of allotments pursuant to the Commission's change of community procedures,  X4 Hhtriggering priority (3) while retention of the channel in Webster triggers priority (4).7@Y yO' xt ԍ#X\  P6G;QwP# 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 The  Hucommunity of Webster will continue to be served by Station WGPF(AM) and the 60 dBu  Hcontour from Station WXXW at Spencer will cover the community of Webster. Since Chowder  X4 Hintends to relocate its transmitter site, there will be gain and loss areas. A staff engineering  H4analysis indicates that there is a loss of service to 71,823 people, while the reallotment to  HRSpencer will result in an increase in service to 206,423 people. Our analysis also shows that  Hboth the gain and loss areas are well served, receiving five or more fulltime aural services. As  Hthe 70dBu contour does not encompass more than 50% of an urbanized area, a Tuck analysis"7,-(-(ZZ"  X4is not required in this proceeding.Y yOy' x ԍ#X\  P6G;QwP# See Faye and Richard Tuck, Inc., 3 FCC Rcd 5374 (1988), Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 1052 (1995).  X4 5.An engineering analysis has determined that Channel 255A can be allotted to Spencer,  HMassachusetts, in compliance with the Commission's minimum distance separation requirements  X4 Hat Chowder's specified site. Y yOu'ԍ#X\  P6G;QwP# The coordinates for Channel 255A at Spencer are 421100 and 720230. Since Spencer is located within 320 kilometers (200 miles) of the  HU.S.Canadian border, concurrence of the Canadian government has been obtained for this  Hallotment. In accordance with the Commission's Rules, we will also modify Station WXXW's  Hplicense to specify operation on Channel 255A at Spencer, Massachusetts, as its new community of license.  X 4 6.Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and  HR(r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b)  X 4 Hand 0.283 of the Commission's Rules, IT IS ORDERED, That effective March 15, 1999 , the  HFM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows:  N N  X4 N N CommunityOVV}Channel Number  Xb4 N N Spencer, Massachusetts 255A  X44 N N Webster, Massachusetts  X4 7.IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications  HAct of 1934, as amended, the license for Station WXXW, Webster, Massachusetts, IS  H}MODIFIED to specify operation at Spencer, Massachusetts, in lieu of Webster, Massachusetts, subject to the following conditions:  X4 (a) Within 90 days of the effective date of this Order,  the licensee shall file with the Commission a minor  change application for 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; and  (c) Nothing contained herein shall be construed to  authorize a change in transmitter location or to avoid"!,-(-(ZZL "Ԍ the necessity of filing an environmental assessment  pursuant to Section 1.1307 of the Commission's Rules.  X4 m8.Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a  Hychange in community of license of an FM or television allotment or an upgrade of an existing  X4 HFM allotment, if the request is granted , must submit a rule making fee when filing its  H+application to implement the change in community of license and/or upgrade. As a result of  Hthis proceeding, Chowder Broadcast Group LLC, licensee of Station WXXW, is required to  Hsubmit a rule making fee in addition to the fee required for the application to effect the change of community of license from Webster to Spencer, Massachusetts..  X 49.IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.  X 4 ~10.For further information concerning this proceeding, contact Kathleen Scheuerle, Mass  HMedia Bureau, (202) 4182180. Questions related to the application filing process for  H"Channel 255A at Spencer, Massachusetts, should be addressed to the Audio Services Division,  X4Mass Media Bureau, (202) 4182700.VV}   H N N  OVV}FEDERAL COMMUNICATIONS COMMISSION  N N  OVV}John A. Karousos  N N  OVV}Chief, Allocations Branch  N N  OVV}Policy and Rules Division  N N  OVV}Mass Media BureauH  N N  OVV}