**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Reclassification of License )

Of Station WDOD-FM, ) RM-10591

Chattanooga, Tennessee )

)

**ORDER TO SHOW CAUSE**

**Adopted: October 23, 2002 Released: October 25, 2002**

**Comment Date: November 25, 2002**

By the Assistant Chief, Audio Division:

1\. Before the Audio Division for consideration is a Petition for Rule
Making filed by Ronald C. Meredith requesting the allotment of Channel
244A at Lake City, Tennessee as that community's first local FM service.
To accommodate that allotment, petitioner also requests the
reclassification of Station WDOD-FM, Channel 243C, Chattanooga,
Tennessee, to specify operation on Channel 243C0. Station WDOD-FM
currently operates on Channel 243C with an ERP of 100 kilowatts at 329
meters HAAT. The station is below the minimum Class C antenna height
requirements of 450 meters HAAT. Because Station WDOD-FM is operating
below minimum Class C standards, it is subject to reclassification as a
Class C0 facility pursuant to the *Second Report and Order* in MM Docket
No. 98-93,[^1] and as set forth in Section 1.420(g), note 2, and Section
73.3574, note 4, of the Commission's Rules.

2\. Pursuant to the reclassification procedures set forth in the *Second
Report and Order, supra*, and Section 1.420(g), note 2, the
reclassification of a Class C FM station to a Class C0 station may be
initiated through the filing of a petition for rule making to amend the
FM Table of Allotments. In instances where an initiating petition
proposes amending the FM Table of Allotments in addition to the proposed
reclassification of a Class C FM station, the Commission must issue an
order to show cause as set forth in Section 73.3573, note 4. In such
circumstances, a notice of proposed rule making will be issued only
after the reclassification issue has been resolved. Therefore, in order
to comply with the Commission's Class C0 reclassification procedures, we
must issue this *Order to Show Cause* directed to WDOD of Chattanooga,
Inc. ("WDODCI"), licensee of Station WDOD, Chattanooga, Tennessee.
WDODCI is required to show cause why its authorization should not be
modified to specify operation on Channel 243C0 in lieu of Channel 243C
at Chattanooga, Tennessee.

3\. Section 316(a) of the Communications Act, as amended, permits the
Commission to modify an authorization if such action is in the public
interest. Further, pursuant to Section 316(a), we are required to notify
the affected station of the proposed action, as well as the public
interest reasons for the action, and afford at least 30 days to respond.
This procedure is set forth in Section 1.87 of the Commission's
Rules.[^2] In this instance, a Class C0 reclassification of Station
WDOD-FM at Chattanooga, Tennessee, would accommodate petitioner's
request to allot Channel 244A to Lake City, Tennessee as that
community's first local service. Petitioner's request for
reclassification therefore has sufficient public interest benefits and
justifies the issuance of an order to show cause.

4\. The license for Station WDOD-FM (File No. BLH-7039) at Chattanooga,
Tennessee, can be modified to Channel 243C0 at its current authorized
transmitter site, located at coordinates 35-09-39 NL and 85-19-11 WL.
Pursuant to Section 1.87 of the Commission's Rules, WDODCI may, not
later than November 25, 2002, file a written statement showing with
particularity why its license (File No. BLH-7039) should not be modified
as proposed in this *Order to Show Cause*. The Commission may call on
WDODCI to furnish additional information. If WDODCI raises a substantial
and material question of fact, a hearing may be required to resolve such
a question pursuant to Section 1.87. Upon review of the statements
and/or additional information furnished, the Commission may grant the
modifications, deny the modifications, or set the matter of
modifications for hearing. If no written statement is filed by the date
referenced above, WDODCI will be deemed to have consented to the
modification as proposed in this *Order to Show Cause* and a final
*Order* will be issued by the Commission, if the channel modification is
found to be in the public interest.

5\. If WDODCI chooses to seek authority to modify its facilities, an
acceptable application for a construction permit to increase the antenna
height above 450 meters HAAT for Station WDOD-FM must be filed with the
Commission within 180 days subsequent to the show cause response due
date (November 25, 2002). Upon the filing of an acceptable construction
permit application, the proposal to allot Channel 244A at Lake City,
Tennessee, will be dismissed. The present three-year construction period
will be applicable if a construction permit is obtained by WDODCI for
Channel 243C as specified herein, under this procedure. If the
construction is not completed as authorized, Station WDOD-FM is subject
to reclassification automatically as a Class C0 station, and, in that
event, a new petition for rule making to allot Channel 244A at Lake
City, Tennessee, may be refiled.

6\. IT IS THEREFORE ORDERED, That WDOD of Chattanooga, Inc. show cause
why its authorization for station WDOD-FM (File No. BLH-7039) should not
be modified to specify operation on Channel 243C0 in lieu of Channel
243C at Chattanooga, Tennessee, and

7\. IT IS FURTHER ORDERED, That the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL Send a
copy of this *Order to Show Cause* by Certified Mail, Return Receipt
Requested, to the following counsel for WDOD of Chattanooga, Inc.,
licensee of WDOD-FM, Chattanooga, Tennessee:

Coe W. Ramsey, Esq.

Brooks Pierce McLendon Humphrey & Leonard, LLP

Post Office Box 1800

Raleigh, NC 27602-1800

7\. Any protest to this proposed reclassification may be sent by hand or
messenger delivery, by commercial overnight courier, or by first-class
or overnight U.S. Postal Service mail (although we continue to
experience delays in receiving U.S. Postal Service mail). The
Commission's contractor, Vistronix, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:0 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. An
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail or Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be addressed to 445 12^th^ Street, S.W., Washington, D.C.
20554. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.

5\. For further information concerning this proceeding, contact Deborah
A. Dupont. Media Bureau, at (202)418-7072.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

> Assistant Chief, Audio Division

Media Bureau

[^1]: *See 1998 Biennial Regulatory Review---Streamlining of Radio
    Technical Rules in Parts 73 and 74 of the Commission's Rules*, 15
    FCC Rcd 21,649 (2000).

[^2]: *See Modification of FM and Television Licenses Pursuant to
    Section 316 of the Communications Act*, 2 FCC Rcd 3327 (1987).