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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. 97-159 Table of Allotments, ) RM-9122 FM Broadcast Stations. ) (Arcadia and Fort Meade, Florida) ) REPORT AND ORDER (Proceeding Terminated) Adopted: February 11, 1998 Released: February 20, 1998 By the Chief, Allocations Branch: 1. The Commission has before it for consideration the Notice of Proposed Rule Making, 12 FCC Rcd 10223 (1997), issued in response to a petition filed by Hall Communications, Inc. ("Hall"), licensee of Station WWRZ, Channel 252C2, Arcadia, Florida. The Notice proposed the reallotment of Channel 252C2 from Arcadia, Florida, to Fort Meade, Florida, and modification of the license for Station WWRZ accordingly. Hall filed comments reiterating its support of Channel 252C2 at Fort Meade. No other comments were received in response to the Notice. 2. Based upon the information presented in this proceeding, we believe the public interest would be served by reallotting Channel 252C2 from Arcadia, Florida, to Fort Meade, Florida, since it would result in a preferential arrangement of allotments pursuant to the Commission's Change of Community procedures. See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). Fort Meade is an incorporated community with its own post office and zip code. Fort Meade has four public schools, a library, numerous parks and churches. The community has an American Legion Auxiliary Post, Chamber of Commerce, Rotary Club, several Women's Clubs, the Fort Meade Garden Club and a Veterans of Foreign Wars Chapter. We believe Fort Meade is an independent community deserving of its first local aural transmission service. Fort Meade (population 4,976 people) would receive its first local service thus triggering allotment priority (3). This action, however, will not deprive Arcadia of local service as Station WKGF(AM) is licensed to the community. Moreover, since Fort Meade is not located within an urbanized area, the reallotment will not result in the transfer of a station from a rural to a larger urban area. Our analysis indicates that Station WWRZ at Fort Meade will provide a 70 dBu signal to 15% of the Lakeland, Florida urbanized area and 12% coverage to the Winter Haven, Florida urbanized area. This is well below the 50 percent coverage benchmark which we use to evaluate whether a station is serving an urbanized area. Since Hall is moving its transmitter site, there will be a gain and loss area. The loss area at Arcadia contains 35,893 people and covers approximately 2,497 square kilometers (965 square miles). The gain area at Fort Meade contains 423,237 people and covers approximately 2,497 square kilometers (965 square miles). While we carefully evaluate any proposal that would result in the loss of existing reception service, the majority of the loss area for Channel 252C2 at Arcadia is served by five or more reception services. No white or gray areas will be created by the requested change of community and site relocation. Therefore, in accordance with Section 1.420 (i) of the Commission's Rules, we will modify the license for Station WWRZ to specify operation at Fort Meade, Florida, in lieu of Arcadia, Florida. 3. Channel 252C2 can be allotted to Fort Meade, Florida, in compliance with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at Hall's proposed site. Hall's proposed site is 6.3 kilometers (3.9 miles) south of the community of Fort Meade. 4. 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 6, 1998, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the communities listed below, as follows: Community Channel Number Arcadia, Florida --------- Fort Meade, Florida 252C2 5. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the Communications Act of 1934, as amended, the license of Hall Communications, Inc., for Station WWRZ, Channel 252C2, Arcadia, Florida, IS MODIFIED to specify operation on Channel 252C2 at Fort Meade, Florida, 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), 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 the necessity of filing an environmental assessment pursuant to Section 1.1307 of the Commission's Rules. 6. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any party seeking a change in 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, Hall Communications, Inc., licensee of Station WWRZ, 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 from Arcadia, Florida, to Fort Meade, Florida. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning the above, contact Kathleen Scheuerle, Mass Media Bureau, (202) 418-2180. Questions related to the window application filing process for Channel 252C2 at Fort Meade, Florida, should be addressed to the Audio Services Division, Mass Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau