**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MB Docket No. 06-77

Table of Allotments, ) RM-11324

FM Broadcast Stations. )

(Hodgenville, Horse Cave, Lebanon, )

Lebanon Junction, New Haven and Springfield, )

Kentucky, and Belle Meade, Goodlettsville, )

Hendersonville, Manchester, and Millersville, )

Tennessee) )

**NOTICE OF PROPOSED RULE MAKING**

**Adopted: April 5, 2006 Released: April 7, 2006**

**Comment Date: May 30, 2006**

**Reply Comment Date: June 13, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1\. The Audio Division has before it a proposal filed jointly by
Elizabethtown CBC, Inc., licensee of Station WKMO, Channel 292A,
Hodgenville, Kentucky, and Station WTHX, Channel 297A, Lebanon Junction,
Kentucky; CBC of Marion County, Inc., licensee of Station WLSK, Channel
265A, Lebanon, Kentucky; Washington County CBC, Inc., licensee Station
WAKY-FM, Channel 274A, Springfield, Kentucky; Newberry Broadcasting,
Inc., licensee of Station WHHT, Channel 294A, Horse Cave, Kentucky; and
Cumulus Licensing LLC, licensee of Station WNFN, Channel 294A, Belle
Meade, Tennessee, Station WWTN, Channel 259C, Manchester, Tennessee,
Station WQQK, Channel 221A, Hendersonville, Tennessee, and Station WRQQ,
Channel 246C2, Goodlettsville, Tennessee, (collectively, the "Joint
Parties"). The Amended Proposal sets forth interrelated proposals
involving nine existing stations in Kentucky and Tennessee. We will
discuss each of these proposals below.

**I. PRELIMINARY MATTER**

2\. In *Connersville, Madison and Richmond, Indiana, Erlanger and
Lebanon, Kentucky, and Norwood, Ohio, and Lebanon, Lebanon Junction, New
Haven and Springfield, Kentucky,* we dismissed a similar proposal filed
by the Joint Parties[^1] because the proposed reallotment of Channel
259C from Manchester to Hendersonville, Tennessee, and modification of
the Station WWTN license to specify Hendersonville as the community of
license, would contravene Section 73.208(a)(1)(i) of the Commission's
rules.[^2] Specifically, this reallotment would be short-spaced to the
pending modification application for Station WRJF, Channel 260C3, Eva,
Alabama.[^3] The Joint Parties filed a Petition for Reconsideration
directed to that dismissal. Thereafter, Cumulus Licensing LLC, licensee
of Station WWTN and one of the Joint Parties, dismissed its pending
application to maintain Class C status for Station WWTN and accepted the
modification of its license to Class C0.[^4] In this regard, a Channel
259C0 reallotment to Hendersonville would not be short-spaced to the
pending application at Eva. As requested by the Joint Parties, we are
going forward with the Amended Proposal in this *Notice.*[^5]

3\. The Joint Parties' proposal includes nine city of license
modifications. These requests are filed pursuant to Section 1.420(i) 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 a competing expression
of interest.[^6] In evaluating a proposal, we compare the existing
versus the proposed arrangement of allotments using the FM allotment
priorities set forth in *Revision of FM Assignment Policies and
Procedures*.[^7]

[Belle Meade and Millersville, Tennessee]{.underline}

4\. The Joint Parties propose the substitution of Channel 294C3 for
Channel 294A at Belle Meade, reallotment of Channel 294C3 to
Millersville, and modification of its Station WNFN license to specify
operation on Channel 294C3 at Millersville, Tennessee.[^8] This will
result in a first local service to Millersville. As discussed below,
Belle Meade would continue to receive local service from Station WRQQ.
The area and population that will lose service will continue to receive
in excess of five aural services.[^9]

5\. We recognize that both Belle Meade and Millersville are located
within the Nashville-Davidson Urbanized Area and that Station WNFN will
provide a 70 dBu signal to more than 20 percent of the Urbanized Area.
We are concerned with the potential migration of stations from lesser
served rural areas to well-served urban areas. For this reason, we will
not blindly apply a first local service preference of the FM allotment
priorities when a station seeks to reallot its channel to a suburban
community in or near an Urbanized Area. In making a first local service
preference determination, we apply existing precedent.[^10] We consider
the extent the station will provide service to the entire Urbanized
Area, the relative populations of the suburban and central city, and
most importantly, the independence of the suburban community. Because
Belle Meade and Millersville are already located in the
Nashville-Davidson Urbanized Area, this relocation does not implicate
Commission policy with respect to the migration of stations from rural
to urban areas.[^11] In any event, the Joint Parties have submitted a
*Tuck* exhibit demonstrating that Millersville is independent of the
Nashville-Davidson Urbanized Area and entitled to consideration as a
first local service.

6\. In order to accommodate Channel 294C3 at Millersville, the Joint
Parties propose the substitution of Channel 293A for Channel 294A at
Horse Cave, Kentucky, and modification of the Station WHHT license to
specify operation on Channel 293A.[^12] Newberry Broadcasting, Inc.,
licensee of Station WHHT and one of the Joint Parties, has agreed to the
channel substitution. To accommodate the Channel 293A substitution at
Horse Cave, the Joint Parties propose the substitution of Channel 297A
for Channel 292A at Hodgenville, Kentucky, and modification of the
Station WKMO license to specify operation on Channel 297A.[^13]
Elizabethtown Broadcasting, Inc., licensee of Station WKMO and one of
the Joint Parties, has agreed to the channel substitution and change in
transmitter site. In order to accommodate the Channel 297A substitution
at Hodgenville, the Joint Parties propose the substitution of Channel
257A for Channel 297A at Lebanon Junction, Kentucky, and modification of
the Station WTHX license to specify operation on Channel 257A.[^14]
Elizabethtown Broadcasting, Inc. is also the licensee of Station WTHX
and has again agreed to the channel substitution and change in
transmitter site.

7\. In order to replace the loss of the sole local service at Belle
Meade, the Joint Parties propose the reallotment of Channel 246C2 from
Goodlettsville, Tennessee, to Belle Meade, and modification of the
Station WRQQ license to specify Belle Meade as the community of
license.[^15] This reallotment will not require a change a change in the
Station WRQQ transmitter site. To avoid depriving Goodlettsville of its
sole local service, the Joint Parties propose the reallotment of Channel
221A from Hendersonville to Goodlettsville and modification of the
Station WQQK license to specify Goodlettsville as the community of
license.[^16] This reallotment does not require relocation of the
Station WQQK transmitter site and Cumulus Licensing LLC, licensee of
Station WQQK and one of the Joint Parties, has agreed to the change in
community of license. In order to avoid the loss of the sole local
service at Hendersonville, the Joint Parties propose the substitution of
Channel 259C0 for Channel 259C at Manchester, Tennessee, reallotment of
Channel 259C0 from Manchester to Hendersonville, and modification of the
Station WWTN license to specify operation on Channel 259C0.[^17] Cumulus
Licensing LLC, licensee of Station WWTN, has agreed to the
reclassification and change in community of license.[^18]

[Springfield and New Haven, Kentucky]{.underline}

8\. The Joint Parties also propose the reallotment of Channel 274A from
Springfield to New Haven, Kentucky, and modification of the Station
WAKY-FM license to specify New Haven as the community of license.[^19]
This will provide a first local service to New Haven. New Haven is an
incorporated community with a 2000 U.S. Census population of 849
persons. This reallotment will result in a net service gain to 47,602
persons while the population losing service will continue to receive at
least five aural services. New Haven is not located in any Urbanized
Area and Station WAKY-FM will not provide a 70 dBu signal to any portion
of an Urbanized Area. Washington County CBC, Inc., one of the Joint
Parties, is the licensee of Station WAKY-FM. In order to replace the
loss of the sole local service at Springfield, the Joint Parties propose
the substitution of Channel 265A for Channel 265C3 at Lebanon, Kentucky,
reallotment of Channel 265A to Springfield, and modification of the
Station WLSK license to specify operation on Channel 265A at
Springfield.[^20] CBC of Marion County, Inc., one of the Joint Parties,
has agreed to the downgrade and reallotment. Lebanon will continue to
receive local service from AM Station WLBN.

9\. In view of the fact that this proposal will result in two
communities receiving first local service, we believe that it would
serve the public interest to solicit comments on this proposal.
Therefore, we seek comments on the proposed amendments to the FM table
of Allotments, Section 73.202(b) of the Commission's Rules, with respect
to the following communities:

[Channel No.]{.underline}

[City]{.underline} [Present]{.underline} [Proposed]{.underline}

Hodgenville, Kentucky 292A 297A

Horse Cave, Kentucky 294A 293A

Lebanon, Kentucky 265C3 \-\-\-\-\--

Lebanon Junction, Kentucky 297A 257A

New Haven, Kentucky \-\-\-\-\-\-- 274A

Springfield, Kentucky 274A 265A

Belle Meade, Tennessee 294A 246C2

Goodlettsville, Tennessee 246C2 221A

Hendersonville, Tennessee 221A 259C0

Manchester, Tennessee 259C0, 268A 268A

Millersville, Tennessee \-\-\-\-\-\-- 294C3

10\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are incorporated by reference
herein. In particular, we note that a showing of continuing interest is
required by paragraph 2 of the Appendix before a channel will be
allotted.

11\. Interested parties may file comments on or before May 30, 2006, and
reply comments on or before June 13, 2006, and are advised to read the
Appendix for the proper procedures. Comments should be filed with the
Federal Communications Commission, Office of the Secretary, 445 Twelfth
Street, S.W.; TW-A325, Washington, D.C. 20554. Additionally, a copy of
such comments should be served on the petitioners, or their counsel or
consultant, as follows:

Mark N. Lipp, Esq. John F. Garziglia, Esq.

Vinson & Elkins, L.L.P. Womble, Carlyle, Sandridge & Rice

1455 Pennsylvania Ave., NW 1401 Eye Street, NW

Suite 600 Washington, D.C. 20006

Washington, D.C. 20004

12\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. *See Certification that Sections 603 and 604 of
the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend
Sections 73.202(b),and 73.606(b) of the Commission\'s Rules*, 46 FR
11549, February 9, 1981.

13\. For further information concerning this proceeding, contact Robert
Hayne, Media Bureau, (202) 418-2180. For purposes of this restricted
notice and comment rule making proceeding, members of the public are
advised that no *ex parte* presentations are permitted from the time the
Commission adopts a Notice of Proposed Rule Making until the proceeding
has been decided and such decision is no longer subject to
reconsideration by the Commission or review by any court. An *ex parte*
presentation is not prohibited if specifically requested by the
Commission or staff for the clarification or adduction of evidence or
resolution of issues in the proceeding. However, any new written
information elicited from such a request or a summary of any new oral
information shall be served by the person making the presentation upon
the other parties to the proceeding unless the Commission specifically
waives this service requirement. Any comment which has not been served
on the petitioner constitutes an *ex parte* presentation and shall not
be considered in the proceeding. Any reply comment which has not been
served on the person(s) who filed the comment, to which the reply is
directed, constitutes an *ex parte* presentation and shall not be
considered in the proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief,

Audio Division

Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to 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
PROPOSED TO AMEND the FM (TV) Table of Allotments, Section 73.202(b)
(73.606(b)) of the Commission\'s Rules and Regulations, as set forth in
the [Notice of Proposed Rule Making]{.underline} to which this Appendix
is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
will be expected to answer whatever questions are presented in initial
comments. The proponent of a proposed allotment is also expected to file
comments even if it only resubmits or incorporates by reference its
former pleadings. It should also restate its present intention to apply
for the channel if it is allotted and, if authorized, to build a station
promptly. Failure to file may lead to denial of the request.

3\. [Cut-off Procedures]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. (See Section 1.420(d) of the Commission\'s Rules.)

\(b\) With respect to petitions for rule making which conflict with the
proposal(s) in this [Notice]{.underline}, they will be considered as
comments in the proceeding, and Public Notice to this effect will be
given as long as they are filed before the date for filing initial
comments herein. If they are filed later than that, they will not be
considered in connection with the decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. [Comments and Reply Comments; Service]{.underline}. Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on
the petitioner by the person filing the comments. Reply comments shall
be served on the person(s) who filed comments to which the reply is
directed. Such comments and reply comments shall be accompanied by a
certificate of service. (See Section 1.420(a), (b) and (c) of the
Commission\'s Rules.) Comments should be filed with the Secretary,
Federal Communications Commission, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the Commission\'s Rules and Regulations, an original
and four copies of all comments, reply comments, pleadings, briefs, or
other documents shall be furnished the Commission.

6\. [Public Inspection of Filings.]{.underline} All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Reference Information
Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW.,
Washington, D.C.

[^1]: Report and Order, 20 FCC Rcd 1887 (MB 2005).

[^2]: ^?^ 47 C.F.R. § 73.208(a)(1)(i).

[^3]: ^?^ File No. BPH-20031009AAY.

[^4]: ^?^ On January 13, 2006, Cumulus Licensing requested dismissal of
    its application (File No. BPH-20040827ACB) and accepted Class C0
    status.

[^5]: ^?^ In *Taccoa, Sugar Hill and Lawrenceville, Georgia,* Memorandum
    Opinion and Order, 16 FCC Rcd 21191 (MMB 2001), we announced that we
    would carefully review any counterproposal filed by the initial
    rulemaking proponent and require an explanation as to why the
    counterproposal could not have been advanced in the original
    petition for rule making. In the absence of such an explanation, the
    subsequent proposal will be processed as a new petition for rule
    making. The Joint Parties have not addressed this issue.
    Accordingly, we are processing the Amended Proposal in a separate
    proceeding.

[^6]: ^?^ *See Modification of FM and TV Authorizations to Specify a new
    Community of License ("Community of License"),* Report and Order, 4
    FCC Rcd 4870 (1989), *recon. granted in part,* Memorandum Opinion
    and Order, 5 FCC Rcd 7094 (1990).

[^7]: ^?^ *Revision of FM Assignment Policies and Procedures,* Second
    Report and Order, 90 FCC 2d 88 (1988). 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).

[^8]: ^?^ The reference coordinates for the proposed Channel 294C3
    allotment at Millersville, Tennessee, are 36-26-24 and 86-37-39.

[^9]: ^?^ The Commission has considered five or more reception services
    to be "abundant." *Family Broadcasting Group,* (Rev. Bd. 1983),
    *rev. denied* FCC 83-559 (Comm'n Nov. 29, 1983); *see also LaGrange
    and Rollingwood, Texas,* 10 FCC Rcd 3337 (1995).

[^10]: ^?^ *See e.g. Huntington Broadcasting Co. v. FCC,* 192 F. 2d 33
    (D.C. Cir. 1951); *RKO General, Inc. (KFRC),* Memorandum Opinion and
    Order, 5 FCC Rcd 3222 (1990); *Faye and Richard Tuck,* Memorandum
    Opinion and Order, 3 FCC Rcd 5374 (1988)("*Tuck*").

[^11]: ^?^ *See Boulder and Lafayette, Colorado,* Notice of Proposed
    Rule Making, 11 FCC Rcd 3632 (MMB 1996); *East Los Angeles, Long
    Beach and Frazier Park, California,* Report and Order, 10 FCC Rcd
    2864 (MMB 1995).

[^12]: ^?^ The reference coordinates for the Channel 293A allotment at
    Horse Cave, Kentucky, are 37-13-57 and 85-52-06.

[^13]: ^?^ The reference coordinates for the Channel 297A allotment at
    Hodgenville, Kentucky, are 37-40-34 and 85-40-57.

[^14]: ^?^ The reference coordinates for the Channel 257A allotment at
    Lebanon Junction, Kentucky, are 37-44-37 and 85-38-52.

[^15]: The reference coordinates for the Channel 246C2 allotment at
    Belle Meade, Tennessee, are 36-17-50 and 86-45-11.

[^16]: ^?^ The reference coordinates for the Channel 221A allotment at
    Goodlettsville, Tennessee, are 36-17-50 and 86-45-11.

[^17]: ^?^ The reference coordinates for the Channel 259C0 allotment at
    Hendersonville, Tennessee, are 35-49-03 and 86-31-24.

[^18]: ^?^ In a separate proceeding in MB Docket No. 05-17, the Joint
    Parties filed a Petition for Reconsideration directed against our
    action dismissing its proposal which included the proposed
    reallotment of Channel 259C from Manchester to Hendersonville as a
    Class C allotment. *Connersville, Madison and Richmond, Indiana,
    Erlanger, Lebanon, Lebanon Junction, New Haven and Springfield,
    Kentucky, and Norwood, Ohio,* Report and Order, 20 FCC Rcd 18871 (MB
    2005). The Joint parties have requested that the Petition for
    Reconsideration in MB Docket No. 05-17 be dismissed.

[^19]: ^?^ The reference coordinates for the Channel 274A allotment at
    New Haven, Kentucky, are 37-46-07 and 85-35-57.

[^20]: The reference coordinates for the Channel 265A allotment at
    Springfield, Kentucky, are 37-38-50 and 85-11-50.