**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-88

Table of Allotments, ) RM-9871

FM Broadcast Stations. )

(Dillsboro and Rosman, North Carolina)[^1] )

**[REPORT AND ORDER]{.underline}**

**(Proceeding Terminated)**

**Adopted: October 18, 2000 Released: October 27, 2000**

By the Chief, Allocations Branch:

1\. At the request of Sutton Radiocasting Corporation (\"petitioner\"),
the Commission has before it the [Notice of Proposed Rule
Making]{.underline}, 15 FCC Rcd 8964 (2000), proposing the allotment of
Channel 237A to Dillsboro, North Carolina, as its first local aural
service. Comments were filed by the petitioner reiterating its intention
to apply for the channel, if allotted, as well as a counterproposal
filed by Chase Broadcasting, Inc. (\"Chase\"). Reply comments were filed
by the petitioner and Chase.[^2]

2\. As stated in the [Notice]{.underline}, Dillsboro is listed in the
1990 U.S. Census and attributed with a population of 98 people, without
its own post office and its zip code (28779) is listed under the
community of Sylva. Therefore, noting that the Commission may find that
a population grouping of 95 people[^3] does not constitute a community
for allotment purposes, petitioner was requested to furnish additional
demographic information in order to determine whether it qualified as a
community for allotment purposes. In response, petitioner states that
Dillsboro is self governing with its own elected mayor, vice-mayor,
five-person council and town clerk. With funds generated by property and
business license taxes, Dillsboro provides community services such as
street lighting and repairs and promotes tourism. Petitioner states that
Dillsboro does have its own post office, staffed by the U.S. Postal
Service, and zip code (28725). However, the post office only provides
post box service. Therefore, if residents desire street delivery, they
use a Sylva street address. In addition, petitioner states that the
community has a number of churches, including Jarrett Memorial Baptist
Church, organizations and over 80 retail establishments, many of which
include Dillsboro in their names, including Dillsboro Inn, Dillsboro
Smokehouse, Dillsboro Steak & Seafood, Dillsboro Chocolate Factory,
Dillsboro Stone, Dillsboro Supply Co. and Dillsboro Taxi. According to
the \"Discover Dillsboro, North Carolina 2000\" brochure provided by the
petitioner, Dillsboro also has its own town hall and hosts community
events such as the Dillsboro \"Easter Hat Parade\" and \"Christmas
Lights and Luminaires.\"

3\. Chase, in its comments, questions whether a maximum Class A facility
can be constructed at the transmitter site set forth in the
[Notice]{.underline}. It states that because of the mountainous terrain
around the reference coordinates, an antenna 100 meters above average
terrain requires the construction of a tower of 1,222 feet. However,
given that the site is only 4.3 kilometers from the Jackson County
Airport, it believes that approval by the Federal Aviation
Administration is unlikely. In response, petitioner states that, within
the allowable site area, there are other \"perfectly suitable\" sites
available and thus there is no bar, either legally or technically, to
the proposed Dillsboro allotment. Specifically, petitioner states that
there is a high point known as \"Websters Knob\" (coordinates 35-15-56
NL; 83-09-16 WL) which is suitable for a transmitter site and would
require an antenna of only 38 meters above ground in order to achieve an
antenna height above average terrain of 150 meters. Therefore, it
requests that the reference coordinates be modified to this location,
which is 14.5 kilometers southeast of Dillsboro and would provide all of
the community with 70 dBu. A staff engineering review of the alternate
transmitter shows that the channel can be allotted in compliance with
the Commission\'s minimum distance separation and other technical
requirements.

4\. Based on the information before us, we believe that Dillsboro
qualifies as a community for allotment purposes. It has its own local
government, churches, town hall, community events and numerous
businesses. Therefore, we believe the public interest would be served by
allotting Channel 237A to Dillsboro as its first local aural service.
Channel 237A can be allotted to Dillsboro in compliance with the
Commission\'s minimum distance separation requirements with a site
restriction of 14.5 kilometers (9 miles) southeast to avoid a
short-spacing to Station WIKQ, Channel 235C, Greeneville, Tennessee, and
Station WYFC, Channel 237A, Clinton, Tennessee.[^4]

5\. 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 December 11, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED,
with respect to the community listed below, to read as follows:

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

Dillsboro, North Carolina 237A

6\. A filing window for Channel 237A at Dillsboro will not be opened at
this time. Instead, the issue of opening a filing window for this
channel will be addressed by the Commission in a subsequent order.

7\. IT IS FURTHER ORDERED, That the counterproposal filed by Chase
Broadcasting, Inc., to allot Channel 237A to Rosman, North Carolina, IS
DISMISSED.

8\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

9\. For further information concerning this proceeding, contact
Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

[^1]: The community of Rosman has been added to the caption.

[^2]: Chase proposed the allotment of Channel 237A to Rosman, North
    Carolina, as its first local aural service. However, its
    counterproposal was not accepted for consideration in this
    proceeding as it specified a transmitter site 17.9 kilometers (11.1
    miles) northwest of Rosman, too far to assume city-grade coverage of
    the community by a Class A FM facility pursuant to Section 73.315 of
    the Commission\'s Rules. Nevertheless, after the record closed
    herein, Chase withdrew its proposal stating that it no longer
    intended to pursue the proposed Rosman allotment. In compliance with
    Section 1.420(j) of the Commission\'s Rules, Chase also provides a
    certification that neither it nor its principals have received or
    will receive any consideration in exchange for the dismissal or
    withdrawal of its counterproposal. Since no other party filed
    comments expressing an intention to apply for the channel, if
    allotted, we will dismiss Chase\'s counterproposal. We will,
    however, address Chase\'s comments regarding the proposed
    transmitter site for Channel 237A at Dillsboro.

[^3]: Petitioner states that the U.S. Census estimates that Dillsboro
    has a population of 137 people as of July 1, 1998, citing [Excerpt
    from Population Estimates for Places: Annual Time Series, July 1,
    1990 to July 1, 1998]{.underline}, US. Census Bureau
    (www.census.gov/population/estimates/metro-city/scts/SC98T­\_NC-DR.txt).

[^4]: The coordinates for Channel 237A at Dillsboro are 35-15-56 NL;
    83-09-16 WL.