Cumulus Licensing LLC, Oak View and Goleta, California.
Federal Communications Commission
Washington, D.C. 20554August 26, 2011
DA 11- 1460
In Reply Refer to:
Released: August 26, 2011
Cumulus Licensing LLC
c/o Mark N. Lipp, Esq.
Wiley Rein LLP
1776 K Street, N.W.
Washington, D.C. 20006
KRRF(FM), Goleta, CA
File No. BPH-20110218ABV
KRUZ(FM), Santa Barbara, CA
File No. BPH-20110218ABW
Applications to Change Communities
We have before us two mutually contingent and concurrently filed applications of Cumulus
Licensing LLC (“Cumulus”), licensee of Stations KRRF(FM), Goleta, California, and KRUZ(FM), Santa
Barbara, California. In the first application (the “Oak View Application”),1 Cumulus proposes to change the
community of license of Station KRRF(FM) from Goleta to Oak View, California. In the second
application (the “Goleta Application”),2 Cumulus requests to change the community of license of Station
KRUZ(FM) from Santa Barbara to Goleta, California. No oppositions or informal objections were filed.3
For the reasons set forth below, we grant the Oak View and Goleta Applications subject to Mexican
concurrence on the Oak View Application.
Background.The Oak View and Goleta Applications were filed pursuant to Section 73.3573 of
the Commission’s Rules, which permits the modification of a station’s authorization to specify a new
community of license without affording other interested parties an opportunity to file competing
expressions of interest.4 The Oak View and Goleta Applications were also filed pursuant to Section
73.3517(e) which permits FM licensees or permittees to file up to four contingently related applications
1 See File No. BPH-20110218ABV.
2 See File No. BPH-20110218ABW.
3 The Goleta and Santa Barbara Applications were placed on Public Notice, and a 60-day period was provided for
filing comments. See Public Notice, 76 FR 14394 (March 16, 2011).
447 C.F.R. § 73.3573.
for minor modification of facilities.5 The Oak View Application requests the change of community of
license for Station KRRF(FM) from Channel 292A at Goleta, California, to Channel 292A at Oak View,
California, with a change of transmitter site, and the modification of Cumulus’s license to reflect these
changes. To prevent the removal of Goleta’s sole, local service, the Goleta Application proposes the
change of community of license for Station KRUZ(FM) from Channel 248B at Santa Barbara to Channel
248B at Goleta, without a transmitter site change, as a “back-fill” station.
In support of its Applications, Cumulus alleges that the reallotments of Stations KRRF(FM) and
KRUZ(FM) satisfy the requirements for changing a station’s community of license because: (1) the
proposed use of Channel 292A at Oak View is mutually exclusive with the current use of Channel 292A
at Goleta, and the proposed use of Channel 248B at Goleta is mutually exclusive with the current use of
Channel 248B at Santa Barbara; (2) Goleta will not be deprived of its only local service because
KRUZ(FM) is concurrently changing its community of license to Goleta; and (3) the provision of a first
local service at Oak View (population 4,199) under FM Priority 36 will result in a preferential
arrangement of allotments over the retention of a 13th local service at Santa Barbara under Priority 4.7
Cumulus further contends that a Tuck8 showing is not required to demonstrate that Oak View is
sufficiently independent of the Oxnard Urbanized Area because Station KRRF(FM) is moving from one
Urbanized Area to another;9 however, in the event that the Commission is concerned about the
independence of Oak View, Cumulus has submitted a Tuck showing which purports to demonstrate the
independence of Oak View.
Discussion.We must examine the Oak View and Goleta Applications to determine if they meet
the requirements for stations to change their communities of license. A station may change its
community of license without subjecting the license to other expressions of interest if (1) the proposed
allotment is mutually exclusive with the current allotment; (2) the current community of license will not
be deprived of its only local service10; and (3) the proposed arrangement of allotment is preferred under
the Commission’s FM allotment priorities.11 Additionally, when the proposed community is located
inside an Urbanized Area or if the proposed facilities could cover 50 percent or more of an Urbanized
5 See 47 C.F.R. § 73.3517(e).
6 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. Co-equal weight is given to Priorities (2) and (3). See Revision of FM
Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1988).
7 Cumulus alleges that “[t]he proper comparison is between Oak View and Santa Barbara because it is Santa Barbara
which will be losing a local service (due to the move of KRUZ) and Oak View is gaining a local service (due to the
move of KRRF). The community of Goleta will retain its local service.” See Cumulus’s Application, Section
307(b) Exhibit and Tuck Showing at 2 n.1.
8 See Faye and Richard Tuck, Inc., Memorandum Opinion and Order, 3 FCC Rcd 5374, 5378 (1978_ (“Tuck”)
(establishing eight factors to determine whether a suburban community is independent of a nearby central city).
9 Goleta and Santa Barbara are located in the Santa Barbara Urbanized Area, while Oak View is located in the
Oxnard Urbanized. Area.
10 See Amendment of the Commission’s Rules Regarding Modification of FM and TV Authorizations to Specify a
New Community of License, Report and Order, 4 FCC Rcd 4870 (1989), recons. granted in part, Memorandum
Opinion and Order, 5 FCC Rcd 7094 (1990) (“Community of License MO&O”).
11 See 47 C.F.R. §§ 1.420(i) and 73.3573(g)(1).
Area, the Commission has required an applicant to file a Tuck showing that the proposed community is
independent of the Urbanized Area in cases in which the applicant claims a first local service
First, the proposed use of Channel 292A at Oak View is mutually exclusive with the current use
of Channel 292A at Goleta, and the proposed use of Channel 248B at Goleta is mutually exclusive with
the current use of Channel 248B at Santa Barbara. Thus, the first requirement for that proposed change of
community is met. Second, the reallotment of Station KRRF(FM) to Oak View will not violate the
Commission’s policy prohibiting the removal of a community’s sole local aural service. Pursuant to the
Commission’s decision in Rural Radio, KRRF(FM), at its current location at Goleta, is presumed to
provide service to the Santa Barbara Urbanized Area, which receives multiple local audio services.13
The next issue is whether a Tuck showing is needed in this case. In a related case, Gearhart,
Madras, Manzanita, and Seaside, Oregon (“Gearhart”),14 the staff took the opportunity to apply the new
policies established policies set forth in Rural Radio,15 In that case, the staff stated, “there is no need for a
Tuck showing where both the station’s current and proposed communities of license are located within an
Urbanized Area because such intra-urbanized moves do not present the same concerns as rural to urban
moves.”16 In this case, we find that the same policy should apply to moves from one urbanized area to
another urbanized area. As in Gearhart, “a first local service preference is not being used as a basis to
enter the market.”17 Historically, the Commission has treated moves from one urbanized area to another
urbanized area in the same manner as intra-urbanized area moves.18 Accordingly, there is no need to
examine the Tuck showing submitted by Cumulus for a first local service at Oak View, California.
12 See, e.g., Headland, Alabama, and Chattahoochee, Florida, Report and Order, 10 FCC Rcd 10352, 10354 (1995)
(requiring proponents seeking to relocate to a community adjacent to an Urbanized Area that would place a city
grade signal over 50 percent6 or more of an Urbanized Area to submit a Tuck showing; Powell Meredith
Communications, Co., et al., Memorandum Opinion and Order, 19 FCC Rcd 12672, 12673 n.9 (2004). The
Commission recently adopted stricter standards regarding Tuck showings, which are discussed infra at n.13.
13 At its proposed new location (Oak View), KRRF(FM) is presumed to provide service to the Oxnard Urbanized
Area. Similarly, at both its current location (Santa Barbara) and its proposed new location (Goleta), KRUZ(FM) is
presumed to provide service to the Santa Barbara Urbanized Area.
14 Gearhart, Madras, Manzanita, and Seaside, Oregon, DA 11-1209, rel. July 19, 2011.
15 See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Policies, Second
Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, 25 FCC
Rcd 2556 (2011). Therein, the Commission established “. . . a rebuttable presumption that, when the community
proposed is located in an urbanized area or could, through a minor modification application, cover more than 50
percent of an urbanized area, we will treat the application, for Section 307(b) purposes as proposing service to the
entire urbanized area rather than the named community of license.” Rural Radio, 25 FCC Red at 2567, ¶ 20. The
Commission further provided that this presumption may be rebutted by a compelling showing of the independence
of the community from the urbanized area, the community’s specific need for an outlet for local expression, and the
ability of the proposed station to provide that outlet. Id.at 2572, ¶ 30.
16 See Gearhart, at ¶ 9.
18 See, e.g., Bon Air, Chester, Mechanicsville, Ruckersville, Williamsburg, and Fort Lee, Virginia, Second Report
and Order, 7 FCC Rcd 6309 (MMB 1992).
In the absence of a compelling showing to rebut the presumption, we will address whether the
Oak View and Goleta Applications will result in a preferential arrangement of allotments under Priority 4,
other public interest matters. In that regard, Cumulus has demonstrated that the proposed relocation of
Station KRRF(FM) from Goleta to Oak View will result in a substantial net gain in 60 dBu service to
225,855 persons in a 435 sq. km. area. There will be at least 16 aural services providing protected service
to Goleta. There will remain at least ten aural services throughout the KRRF(FM) loss area, which covers
the Santa Barbara Urbanized Area but extends mostly over water. The change in community of license
for Station KRUZ(FM) does not result in any loss or gain areas because the station is not changing its
facility and is remaining in the Santa Barbara Urbanized Area.19 Therefore, we believe that the proposed
relocations of Station KRRF(FM) and KRUZ(FM) will result in a preferential arrangement of allotments.
Conclusion and Ordering Clauses.In view of the above, we conclude that the public interest is
served by grant of the Oak View and Goleta Applications. Accordingly, IT IS ORDERED that the
applications (File Nos. BPH-20110218ABV and BPH-20110218 ABW) filed by Cumulus Licensing LLC
ARE GRANTED, subject to Mexican concurrence with respect to File No. BPH-20110218ABV, because
the proposed transmitter site is located within 320 kilometers of the United States-Mexico border.20
Peter H. Doyle
Chief, Audio Division
1919 See Gearhart, at ¶ 10 (approving reallotment of an FM station within the same Urbanized Area without
changing its transmitter site).
20 The reference coordinates for Channel 292A at Oak View, California, are 34-17-47 NL and 119-16-21 WL. The
reference coordinates for Channel 248B at Goleta, California, are 34-31-32 NL and 119-57-28 WL.
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