**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 05-150         |
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| Amendment of Section 73.202(b),  | ** | RM-11214                     |
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| Table of Allotments,             | *  |                              |
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| FM Broadcast Stations.           | ** |                              |
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| (Norfolk and Windsor, Virginia)  | *  |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: June 21, 2006 Released: June 23, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it a *Notice of Proposed Rule
    Making*[^1] issued at the request of Clear Channel Broadcasting,
    Licenses, Inc., licensee of Stations WKUS(FM), Norfolk, Virginia and
    WJCD, Windsor, Virginia ("Petitioner"), proposing the reallotment of
    Channel 299A from Windsor to Norfolk, Virginia, and the reallotment
    of Channel 287B from Norfolk to Windsor, Virginia. It also requests
    the modification of the license for Station WKUS(FM) to reflect
    Windsor as its community of license and the modification of the
    license of Station WJCD(FM) to reflect Norfolk as its community of
    license. Petitioner filed a motion for acceptance and late-filed
    comments reiterating its intention to file applications for each
    channel and to construct the facilities if the applications are
    granted. We received no other comments.

2.  Petitioner filed these proposals for reallotment in accordance with
    the provisions of Section 1.420(i) of the Commission's Rules, which
    permits the modification of a station's license to specify a new
    community of license while not affording other interested parties
    the opportunity to file competing expressions of interest in the
    proposed allotment.[^2] In considering a reallotment proposal, we
    compare the existing allotment to the proposed allotment to
    determine whether the reallotment will result in a preferential
    arrangement of allotments. This determination is based on the FM
    Allotment priorities.[^3]

3.  In support of the petition, Petitioner states that its proposal
    would serve the public interest, would result in a preferential
    arrangement of allotments, and meets the requirements for
    reallotment set forth in *Change of Community R&*O. First, the
    proposed allotment of Channel 299A at Norfolk is mutually exclusive
    with the current use of Channel 299A at Windsor. Second, the
    proposed allotment of Channel 287B at Windsor is mutually exclusive
    with the current use of Channel 287B at Norfolk. Third, neither
    community would be deprived of its sole local aural transmission
    service. The community of Norfolk, 2000 U.S. Census population
    234,403 persons, would continue to be served by 9 FM stations and 5
    AM stations.[^4] The proposal would retain a first local aural
    transmission service at Windsor. Finally, Petitioner states that the
    two reallotments would serve the public interest under Priority (4)
    because the overall gain in population from the proposed reallotment
    of Channel 299A from Windsor to Norfolk would be 1,023,941 persons.
    They argue that while the reallotment of Channel 287B from Norfolk
    to Windsor would result in a net loss in population of 37,417
    persons within the WKUS(FM) 60dBu contour, this loss is more than
    overcome by the substantial gains of the proposal as a whole, and
    the entire area is well served by 5 or more other aural services.

4.  In further support of the reallotment, Petitioner claims that
    Windsor has been determined to be qualified as a community by virtue
    of the allotment of Channel 299A.[^5] Windsor is listed in the 2000
    U.S. Census with a population of 933 persons and therefore is
    presumed to have the status of a community for allotment
    purposes.[^6]

5.  We will deny the petition under Priority (4), "Other public interest
    matters." As we stated in *Change of Community MO&O*, all of our
    actions with respect to modification of the FM Table of Allotments
    are guided by the directive of Section 307(b) of the Act to ensure a
    "fair, efficient and equitable distribution of radio service."

    Consistent with longstanding practice applying these residual
    categories \[Priority 4\], if the Commission is presented with
    conflicting options, such as the option of retaining the existing
    arrangement of allotments or adopting a new arrangement of
    allotments, it will adopt the proposal which best discharges the
    Commission\'s statutory mandate. Among other factors relevant
    pursuant to Section 307(b), the Commission considers under these
    residual categories the location of the proposed allotment with
    respect to other communities, and the availability of other services
    in the communities affected by the proposed change. Under these
    circumstances, it is proper for the Commission to consider whether a
    proposal would result in shifting of service from an underserved
    rural to a well-served urban area and the public interest
    consequences of any such change.[^7]

6.  Our concerns in this matter are maintaining local service to Windsor
    and limiting the migration of stations from less populated to urban
    areas. This proposal requests a change of community of license for
    Station WJCD(FM), Channel 299A, from the rural community of Windsor,
    Virginia to Norfolk, Virginia, which is inside the Virginia Beach
    Urbanized Area. In order to prevent the removal of the sole local
    service from Windsor, petitioner requests that co-owned Station
    WKUS(FM), Channel 287B, change its community of license from Norfolk
    to Windsor. The proposed channel swap would result in an additional
    service to approximately one million persons, but it will not serve
    FM Allotment Priorities (1), (2) or (3), *i.e*., service to white or
    gray areas, or the provision of first local service. Station
    WKUS(FM) currently provides 100 percent city grade coverage, 70 dBu
    signal, over the entire city of Windsor. Reallotment of Channel 287B
    from Norfolk to Windsor would result in minimal change to the
    Station WKUS(FM) coverage area, and maintains most of its coverage
    to Norfolk. A grant of this proposal would merely reposition two
    co-owned stations and allow the migration of Station WJCD(FM) from
    its current location which provides service to areas which lie
    substantially outside the Virginia Beach Urbanized Area into this
    well served urbanized area. This would have no countervailing public
    interest benefit other than adding a million listeners to Station
    WJCD(FM) in an area that is already well served by fifteen
    transmission services and an abundance of reception services We
    cannot make the requisite finding that this would result in a
    preferential arrangement of allotments as required by *Change of
    Community MO&O*. In this instance, the population gain, standing
    alone, does not make the reallotment of Channel 299A from Windsor to
    Norfolk a preferential arrangement of allotments.

7.  IT IS ORDERED That the petition for rule making filed by Clear
    Channel Broadcasting, Licenses, Inc., IS DENIED.

8.  For further information concerning this proceeding, contact
    Victoria M. McCauley (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief

    Audio Division

Media Bureau

[^1]: *See Norfolk and Windsor, Virginia,* Notice of Proposed Rule
    Making, 20 FCC Rcd 6322 (MB 2005).

[^2]: *See Amendment of the Commission's Rules Regarding Modification of
    FM and TV Authorizations to Specify a New Community of License
    ("Change of Community R&O"),* 4 FCC Rcd 4870 (1989), *recon. granted
    in part*, *("Change of Community MO &O"),* 5 FCC Rcd 7094 (1990).

[^3]: *See Revision of FM Assignment Policies and Procedures*, Second
    Report and Order, 90 FCC2d 88, 91 (1988). The FM Allotment
    priorities are (1) First full-time aural service. (2) Second
    full-time aural service. (3) First local service. (4) Other public
    interest matters. \[Co-equal weight is given to given to priorities
    (2) and (3)\].

[^4]: Stations WXMM(FM), WYFI(FM), WVKL(FM), WOWI(FM), WNSB(FM),
    WHRV(FM), WHRO-FM, WNOR(FM), WNVZ(FM), and AM Stations WNIS(AM),
    WTAR(AM) WVXX(AM), WYRM(AM), and WJOI(AM) will remain in Norfolk.

[^5]: *See Windsor, Virginia,* 2 FCC Rcd 4229 (1987).

[^6]: *See Arnold and Columbia, California,* 7 FCC Rcd 6302 (1992),
    *rec. den.* 13 FCC Rcd 18894 (1998).

[^7]: *Change of Community MO&O*, 5 FCC Rcd at 7096.