Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | MM Docket No. 02-23          |
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| Amendment of Section 73.202(b)   | ** | RM-10359                     |
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| Table of Allotments,             | *  | MM Docket No. 02-24          |
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| FM Broadcast Stations.           | ** | RM-10360                     |
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| (Keeseville, New York, Hartford  | *  | MM Docket No. 02-25          |
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| and White River Junction,        | ** | RM-10361                     |
| Vermont)                         |    |                              |
|                                  | *  | MM Docket No. 02-26          |
| (Harrodsburg and Keene,          | *) |                              |
| Kentucky)                        | ** | RM-10362                     |
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| (Beverly Hills and Spring Hill,  | *  |                              |
| Florida)                         | *) |                              |
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| (Bridgeton and Elmer, New        |    |                              |
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**NOTICE OF PROPOSED RULE MAKING**

**Adopted: January 30, 2002 Released: February 8, 2002**

**Comment Date: April 1, 2002**

**Reply Comment Date: April 16, 2002**

By the Chief, Allocations Branch:

1.  The Allocations Branch has before it a multiple docket *Notice of
    Proposed Rule Making* setting forth four separate proposals to amend
    the FM Table of Allotments, Section 73.202(b) of the Rules. Each
    proposal involves a change of community of license. Each petitioner
    states that it will file an application for construction permit to
    effectuate the change of community if granted. We believe that each
    proposal warrants consideration because it complies with our
    technical requirements and would serve the public interest.

2.  Each of the petitioners filed its proposal 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.[^1]

3.  This is a multiple docket *Notice of Proposed Rule Making* issued in
    response to a Commission *Public Notice* released October 2, 1998
    (DA 98-1987). We are combining separate FM allotment proposals into
    a single *Notice of Proposed Rule Making*. Each proposal has its own
    docket and rulemaking number and the Commission's Reference Center
    will maintain a separate file for each docket. As discussed in the
    *Public Notice,* this procedure will conserve Commission resources
    and expedite the processing of FM allotment petitions by avoiding
    duplicative actions. We request comments and/or counterproposals for
    the following proposals:

    **A. MM Docket No. 02-23; RM-10359**

    **Petitioners: Great Northern Radio, LLC ("Great Northern")**

    **Family Broadcasting, Inc. ("Family Broadcasting")**

    **c/o David G. O'Neill**

    **Jonathan E. Allen**

    **Manatt, Phelps & Phillips**

    **1501 M Street, N.W., Suite 700**

    **Washington, DC, 20005-1702**

    **Proposal:** Great Northern, licensee of Station WSSH(FM), White
    River Junction, Vermont, and Family Broadcasting, licensee of
    WWOD(FM), Hartford, Vermont, propose to reallot Channel 282C3 from
    Hartford, Vermont to Keeseville, New York and Channel 237A from
    White River Junction to Hartford, and modify the licenses of
    Stations WSSH(FM) and WWOD(FM) to reflect the changes. Great
    Northern and Family Broadcasting pledge to file the necessary
    applications to effectuate the changes, if granted.

    **[Channel]{.underline}**

    **[Community]{.underline}** **[Present]{.underline}**
    **[Proposed]{.underline}**

    Hartford, Vermont 282C3 237A

    White River Junction, Vermont 237A \-\-\--

    Keeseville, New York \-\-\-- 282C3

    Coordinates: Coordinates for Channel 237A at Hartford are 43-43-45
    NL and 72-22-22 WL. Coordinates for Channel 282C3 at Keeseville are
    44-31-31 NL and 73-31-07 WL.

    **Additional Information: Great** Northern and Family Broadcasting
    note that their proposal will serve the public interest because it
    would provide Keeseville, New York with its first local aural
    transmission service and will not deprive either Hartford or White
    River Junction of local aural transmission service.[^2] In addition,
    it will allow Station WSSH(FM) to upgrade from 3.0 kW at 100 meters
    to a full 6.0 kW at 100 meters. They allege that Keeseville has
    sufficient indicia of community status to qualify as a community for
    allotment purposes and note that while it is outside of the
    Burlington, Vermont Urbanized Area, its 70 dBu signal would cover
    over 50% of that Urbanized Area.[^3] These petitioners provide an
    analysis using the factors delineated in *Faye and Richard Tuck
    ("Tuck")*,[^4] which they allege shows that Keeseville is an
    independent community for allotment purposes. This showing does not
    analyze enough of the factors to make a finding of independence.
    However, our initial analysis of the petition shows that the 70 dBu
    contour would cover approximately 25% of the Burlington Urbanized
    Area, and thus a *Tuck* analysis would not be necessary. We seek
    comment on the community status of Keeseville, adding more detail
    than was submitted with the petition. In addition, we seek comment
    on the relative gains and losses from this proposal, addressing the
    number of reception services in the loss area and whether any areas
    will be underserved.

    Channel 237A can be allotted at Hartford at a site 8.1kilometers
    (5.0 miles) north of the community. Channel 282C3 can be allotted at
    Keeseville at a site 3.8 kilometers (2.3 miles) northwest of the
    community. These proposals are within 320 kilometers of the Canadian
    border. Therefore, Canadian concurrence has been requested.

**FCC Contact**: Victoria McCauley (202) 418-2180.

B.  **MM Docket No. 02-24; RM-10360**

**Petitioner: Mortenson Broadcasting Company of Central Kentucky, LLC
("Mortenson")**

**c/o Jerrold Miller**

**Miller & Miller, P.C.**

**P.O. Box 33003**

**Washington, DC 20033**

**Proposal:** Mortenson, licensee of Station WJMM-FM, Harrodsburg,
Kentucky, proposes to substitute Channel 257A for Channel 257C3 at
Harrodsburg, and reallot Channel 257A from Harrodsburg, to Keene,
Kentucky, as the community's first local transmission service, and
modify the license of Station WJMM-FM to reflect the changes. Mortenson
pledges to file an application to effectuate the changes, if granted.

**[Channel]{.underline}**

**[Community]{.underline}** **[Present]{.underline}**
**[Proposed]{.underline}**

Harrodsburg, Kentucky 257C3 \-\--

Keene, Kentucky \-\-- 257A

**Coordinates:** Coordinates for Channel 257A at Keene are 37-56-36 NL
and 84-38-31 WL.

**Additional Information:** Mortenson states that its proposal will
serve the public interest. The community of Harrodsburg will continue to
be served by Station WHBN(AM), and Keene will receive its first local
transmission service, which will fulfill FM Allotment Priority number 3.
In addition, it states that Keene has sufficient indicia of a community
to qualify as a community for allotment purposes, despite its small
size, 200 persons. In support, it states that it was founded in 1794
under the name of Liberty, Kentucky, and the name was changes to Keene
in 1848. It was a thriving community in the 19^th^ century because of
its sulfur springs, but its popularity waned after the Civil War. It has
a post office and its own zip code, and numerous residents signed a
petition attesting to their belief that they are residents of that town.
It has a road designating its entrance, and there are businesses within
its borders. We seek comment on the issue of the community status of
Keene.

In addition, we seek comment on the public interest benefits of the
downgrade and change of community in this proposal. Harrodsburg is a
community of 7,335 persons, according to the 1990 U. S. Census. Keene is
not a city, town or Census Designated Place ("CDP"). In the Census,
Keene is listed as a Division of Jessamine County, Kentucky, with a
population of 3,226 persons. Rand McNally lists Keene as a place in its
*Commercial Atlas and Marketing Guide* with a population of 300 persons.
Our engineering analysis shows that from the site proposed in the
petition, Harrodsburg will no longer receive the signal of Station
WJMM-FM. In addition, the proposal, while a reduction in power, will
provide a city-grade signal to a larger proportion of the
Lexington-Fayette, Kentucky Urbanized area, albeit less than 50%.
Finally, we note that while there are no white or gray areas in the
change of community proposal, and all areas are well served, the number
of people in the loss area, 89,601 persons, is 12 times as large as the
number of persons in the gain area, 7,934 persons.

Channel 257A can be allotted at Keene, Kentucky without a site
restriction.

**FCC Contact**: Victoria McCauley (202) 418-2180.

C.  **MM Docket No. 02-25; RM-10361**

**Petitioner: WGUL-FM, Inc. ("WGUL-FM")**

**c/o James A. Koerner**

**Koerner & Olender, P.C.**

**Suite 124**

**North Bethesda, MD 20852**

**Proposal:** WGUL-FM, licensee of Station WGUL-FM, Beverly Hills,
Florida, proposes to reallot Channel 292C3 from Beverly Hills, Florida,
to Spring Hill, Florida, as its first local transmission service, and
modify Station WGUL-FM's license to reflect the changes.

**[Channel]{.underline}**

**[Community]{.underline}** **[Present]{.underline}**
**[Proposed]{.underline}**

Beverly Hills, Florida 292C3 \-\--

Spring Hill, Florida \-\-- 292C3

**Coordinates:** Coordinates for Channel 292C3 at Spring Hill, Florida
are 28-36-00 NL and 82-33-45 WL.

**Additional Information:** In support of its proposal, WGUL-FM states
that the proposal will result in a preferential arrangement of
allotments because it will provide a first local transmission service to
Spring Hill, a community with a 1990 Census population of 31,117
persons, (2000 Census population of 69,078 persons). In addition, it
notes that the proposal will not deprive Beverly Hills, 1990 population
6,163 persons (2000 Census population, 8,317 persons) of its only local
service because daytime Station WINV(AM) has been granted authorization
to change its community to Beverly Hills pursuant to a construction
permit, File No. BMJP-20010320AB, granted on July 2, 2001.[^5] WGUL-FM
notes that it is the licensee of both stations and is committed to
completing the construction of Station WINV-AM at Beverly Hills and will
be filing its license application shortly. We seek comment on whether
this would result in a preferential arrangement of allotments.

WGUL-FM states that Spring Hill is a community within the Commission's
definition for allotment purposes. Although it is not incorporated, it
is a census designated Urbanized Area in a growing area. Since its
proposal covers no other Urbanized Area, it states that no *Tuck*
analysis is required. As further support of its community status,
WGUL-FM states that Spring Hill has numerous churches, businesses and
restaurants, many of which contain the name "Spring Hill" in their
names. We seek comment on additional indicia of community which shows
that Spring Hill is a community for allotment purposes.

With respect to the public service benefits with respect to gain/loss of
service, using 2000 census population figures, WGUL-FM states that there
would be 54,278 persons in the loss area, all of whom would continue to
be well served, with at least five reception services. There would be
83, 037 persons in the gain area, which nets 28,759 persons who would
gain service. Neither area includes any white or gray area. There would
be a net loss of 962 square kilometers in land area. Our engineering
analysis substantiates this for the most part. We seek comment on the
public interest benefits of this reallotment.

Channel 292C3 can be allotted at Spring Hill at a site 12.0 kilometers
(7.5 miles) northwest of the community.

**FCC Contact**: Victoria McCauley (202) 418-2180.

**D. MM Docket No. 02-26; RM-10362**

**Petitioner: Cohanzick Broadcasting Corp. ("Cohanzick")**

**c/o Marnie Sarver**

**Wiley Rein & Fielding, LLP**

**1776 K Street, N.W.**

**Washington, DC 20006**

**Proposal:** Cohanzick, licensee of Station WSNJ-FM, Bridgeton, New
Jersey, proposes to reallot Channel 299B from Bridgeton to Elmer, New
Jersey, as that community's first local transmission service. Cohanzick
pledges to file an application to effectuate the change of community, if
granted.

**[Channel]{.underline}**

**[Community]{.underline}** **[Present]{.underline}**
**[Proposed]{.underline}**

Bridgeton, New Jersey 299B \-\--

Elmer, New Jersey \-\-- 299B

**Coordinates:** Coordinates for Channel 299B at Elmer are 39-27-32 NL
and 75-12-12 WL.

**Additional Information:** In support of its petition, Cohanzick states
that this proposal will serve the public interest as a preferential
arrangement of allotments because it will provide a first local
transmission service to Elmer, population with a 1990 population of 1,
571 persons, and will leave behind an AM and a NCE FM station at
Bridgeton, 1990 population 18,942 persons. Cohanzick points out there
are preexisting short spacings between Station WSNJ-FM and four other
stations. It argues that since these are grandfathered under Section
73.213 of the Commission's Rules, and it proposes no change of
transmitter site, they should not be a bar to its change of community
proposal. We seek comment on this issue.

Cohanzick argues that Elmer is a community for allotment purposes. It
states that it has its own zip code and post office, and has a mayor and
borough council. It has its own police and fire departments and has
ambulance service. It has its own newspaper, library and schools. It has
numerous retail establishments and churches. It has health facilities,
including a hospital. It has cultural events at the Appel Farm Arts and
Music Center, and has recreational facilities, including Yogi Bear's
Jellystone Park.

Cohanzick states that the 70 dBu contour does not reach any Urbanized
Area. However, our engineering analysis shows that it covers 3% of the
Philadelphia Urbanized Area, 1.2% of the Wilmington, Delaware Urbanized
Area, and 100% of the Vineland-Millville, New Jersey Urbanized Area.
Petitioner is requested to address this discrepancy in its comments, and
the impact on its proposal, using the factors delineated in *Tuck.*

Channel 299B can be allotted at Elmer, New Jersey at Cohanzick's current
transmitter site 15.4 kilometers (9.6 miles) south of the community.

**FCC Contact**: Victoria McCauley (202) 418-2180.

4.  Comments, reply comments, counterproposals and other pleadings filed
    in response to this multiple docket Notice of Proposed Rule Making
    should reference only the specific docket to which the filing
    pertains. 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 in paragraph 2 of the
    Appendix before a channel will be allotted.

5.  Interested parties may file comments on or before April 1, 2002, and
    reply comments on or before April 16, 2002, and are advised to read
    the Appendix for the proper procedure. Additionally, a copy of any
    filing should be served on the petitioner listed for the particular
    docket.

6.  The Commission has determined that the relevant provisions of the
    Regulatory Flexibility Act of 1980 do not apply to a rule making
    proceeding to amend the FM Table of Allotments, Section 73.202(b) of
    the Commission\'s Rules. See Certification that Section 603 and 604
    of the Regulatory Flexibility Act Do Not Apply to Rule Making to
    Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission\'s
    Rules. 46 FR 11549 (February 9, 1981).

7.  For further information concerning a proceeding listed above,
    contact the FCC contact listed for that proceeding. 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

Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

Attachment: Appendix

**APPENDIX**

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

2\. Showings Required. Comments are invited on the proposal(s) discussed
in the Notice of Proposed Rule Making 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 protection. 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
proposals in this Notice, 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. 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 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. The person filing the comments shall serve comments on the
petitioner. Reply comments shall be served on the person(s) who filed
comments to which the reply is directed. A certificate of service shall
accompany such comments and reply comments. (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. 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. 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, at its
headquarters, 445 12th Street, S.W., Washington, D.C.

[^1]: *See Report and Order in* MM Docket No. 88-526 ("*Change of
    Community R&O"),* 4 FCC Rcd 4870 (1989), *recon. granted in part*, 5
    FCC Rcd 7094 (1990) ("*Change of Community MO&O").*

[^2]: White River Junction is also served by WNHV(AM).

[^3]: In support of this, they state that Keeseville is recognized by
    the U.S. Census Bureau, and is 13 miles away from Burlington,
    Vermont, separated from the city by Lake Champlain. It has a 1990
    U.S. Census population of 1,854 persons, an elected government, a
    town hall, town clerk, town justice (Factor 4) and a transportation
    department, sewage treatment plant and forest ranger, as well as
    schools and a fire station. (Factor 8). It has its own local post
    office and separate set of zip codes. (Factor 5). It has many
    businesses and health facilities. (Factor 6). In addition to stating
    that the Keeseville allotment will cover over 50% of the Burlington
    Urbanized Area petitioners also address the relative size and
    population of Keeseville vis à vis Burlington, which is 2.1%, and
    state that this should establish its independence of the Urbanized
    Area, as well.

[^4]: 3 FCC Rcd 5375 (1988).

[^5]: We note that amendments to Station WINV(AM)'s construction permit
    have been filed but not granted and that there is no license to
    cover that construction permit on file.