**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 99-278

Table of Allotments, ) RM-9424

FM Broadcast Stations. )

(Susquehanna, Pennsylvania and Conklin, )

New York) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: September 20, 2000; Released: September 29, 2000

By the Chief, Allocations Branch:

1\. At the joint request of Majac of Michigan, Inc. ("Majac"), licensee
of Station WKGB-FM, Channel 223A, Susquehanna, Pennsylvania, and Equinox
Broadcasting Corporation ("Equinox"), licensee of Station WCDW(FM),
Channel 263A, Conklin, New York, the Allocations Branch has before it
the [Notice of Proposed Rule Making]{.underline}, 14 FCC Rcd 15320
(1999). The [Notice]{.underline} proposed the reallotment of Channel
223A from Susquehanna, Pennsylvania, to Conklin, New York, and the
modification of Station WKGB-FM's license accordingly. It also proposed
the reallotment of Channel 263A from Conklin, New York to Susquehanna,
Pennsylvania, and the modification of Station WCDW(FM)'s license
accordingly. Petitioners filed comments in support of the proposals
reaffirming their intention to apply for the respective channels if,
allotted to the specified communities. Reply comments were also filed by
petitioners.

2\. The proposed reallotments were filed pursuant to the provisions of
Section 1.420(i) of the Commission\'s Rules, which permit 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. [See]{.underline} [Amendment of
the Commission\'s Rules Regarding Modification of FM and TV
Authorizations to Specify a New Community of License]{.underline}, 4 FCC
Rcd 4870 (1989), [recon. granted in part]{.underline}, 5 FCC Rcd 7094
(1990) (\"[Change of Community]{.underline}\").

3\. In considering a change of community of license proposal, we must
determine whether the proposal would result in a preferential
arrangement of allotments pursuant to the Commission\'s change of
community procedures. [See Change Community]{.underline},
[supra.]{.underline} Under those procedures, we

compare the existing arrangement of allotments with the proposed
arrangement of allotments using our FM allotment priorities.[^1]
[See]{.underline} [Revision of FM Assignment Policies and
Procedures]{.underline}, 90 FCC 2d 88, 92 (1982).

4\. In making this comparison, we find that both the existing and
proposed arrangement of allotments trigger priority (3)\--first local
service. Under this priority, both communities would retain a first
local service. In this joint proposal each community\'s Class A FM
allotment will be exchanged. Equinox proposes a Station WCDW(FM)
transmitter site at Susquehanna that will comply with all Commission
technical requirements. On the other hand, Majac proposes to relocate
Station WKGB‑FM\'s transmitter site. While maintaining maximum Class A
FM facilities, Station WKGB‑FM will provide service to an additional
58,691 persons. The transmitter site relocation will result in 16,445
persons losing service. However, this population will continue to
receive service from at least five other radio stations.

5\. As indicated in the [Notice]{.underline}, Conklin lies partially
within the Binghamton Urbanized Area. Station WKGB‑FM currently provides
a 70 dBu service to 11.5% of the Urbanized Area. At the proposed
reference site, Station WKGB‑FM will provide a 70 dBu service to 69.1%
of the Urbanized Area. Although we generally apply
[Huntington]{.underline} and require a [Tuck]{.underline}[^2] showing
when a station seeks to reallot a channel from a community located
outside of an urbanized area to a community located partially or
entirely within an urbanized area, we do not believe that
[Huntington]{.underline} or [Tuck]{.underline} should apply in this case
because there is no first local service preference at issue here and
because no community will lose or be denied FM service. Rather, the
petitioners essentially propose to exchange communities of license; as a
result, both communities will retain first local aural services.
However, since Station WKGB-FM seeks to change its transmitter site,
Majac provided the required gain and loss area study. Equinox was
requested in the [Notice]{.underline} to provide a gain and loss area
study for Station WCDW(FM) for the alternate full-spaced site proposed,
and it has complied accordingly.

6\. We believe the public interest would be served by reallotting
Channel 223A to Conklin, New York; and by reallotting Channel 263A to
Susquehanna, Pennsylvania, because it would enable Station WKGB-FM to
expand its service area while maintaining a local service at both
Susquehanna and Conklin.

[Technical Summary]{.underline}

7\. An engineering analysis has determined that Channel 223A can be
reallotted to Conklin in compliance with the Commission's minimum
distance separation requirements at Station WKGB-FM's requested
site.[^3] Additionally, Channel 263A can be reallotted to Susquehanna in
compliance with the Commission's minimum distance separation
requirements at Station WCDW(FM)'s requested site.[^4] Since Conklin and
Susquehanna are located within 320 kilometers (200 miles) of the
U.S.-Canadian border, concurrence of the Canadian government has been
obtained. In accordance with Section 1.420(i) of the Commission's Rules,
we modify Station WKGB-FM's license to specify operation on Channel 223A
at Conklin, New York, as its new community of license. Likewise, we
modify Station WCDW(FM)'s license to specify operation on Channel 263A
at Susquehanna, Pennsylvania, as its new community of license.

8\. Accordingly, pursuant to the authority found 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, November 13, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the communities listed below, to read as follows:

[City]{.underline} [Channel No.]{.underline}

Susquehanna, Pennsylvania 263A

Conklin, New York 223A

9\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Majac of
Michigan, Inc., for Station WKGB-FM at Susquehanna, Pennsylvania, IS
MODIFIED to specify operation on Channel 223A at Conklin, New York,
subject to the following conditions:

\(a\) Within 90 days of the effective date of this [Order]{.underline},
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.

\(c\) 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.

10\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Equinox
Broadcasting Corporation for Station WCDW(FM) at Conklin, New York, IS
MODIFIED to specify operation on Channel 263A at Susquehanna,
Pennsylvania, 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.

\(c\) 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.

11\. Pursuant to Commission Rule Section 1.1104(1)(k) and (2)(k), any
party seeking a

change of 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, Majac of Michigan, Inc. and Equinox Broadcasting Corporation, licensees of Stations WKGB-FM and WCDW(FM), respectively, are required to submit a rule making fee in addition to the fee required for the application to effect the change in community of license.

12\. IT IS FURTHER ORDERED, That the Secretary shall send a copy of this
[Report and Order]{.underline} by Certified Mail, Return Receipt
Requested, to petitioners, as follows:

Majac of Michigan, Inc. Equinox Broadcasting Corporation

1025 Reynolds Road 1907 Darby Road

Johnson City, New York 13790 Havertown, Pennsylvania 19083

(Licensee of Station WKGB-FM) (Licensee of Station WCDW(FM))

13. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

14\. For further information concerning this proceeding, contact Sharon
P. McDonald, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: The FM allotment priorities are: (1) first full-time aural
    service; (2) second full-time aural service; (3) first local
    service; and (4) other public interest matters. \[Co-equal weight
    given to priorities (2) ad (3).\]

[^2]:     ^?^[See]{.underline} [Huntington Broadcasting Co. v.
    FCC]{.underline}, 192 F.2d 33 (D.C. Cir. 1951) [Faye and Richard
    Tuck]{.underline},3 FCC Rcd 5374 (1988). [Tuck]{.underline} sets
    forth various factors for determining whether a first local service
    preference is warranted to a suburban community of an urbanized
    area.

[^3]: The reference coordinates for Channel 223A at Conklin are 42-06-53
    North Latitude and 75-51-16 West Longitude.

[^4]:  The reference coordinates for Channel 263A at Susquehanna are
    42-02-30 North Latitude and 75-41-30 West Longitude. However,
    Equinox currently intends to continue operating Station WCDW(FM) at
    its existing transmitter site pursuant to Section 73.215 of the
    Commission\'s Rules. Nevertheless, the allotment reference
    coordinates are fully-spaced under Section 73.207 of the
    Commission's Rules.