**Before the**

**Federal Communications Commission**

##  Washington, D.C. 20554

In the Matter of )

)

# Amendment of Section 73.202(b), ) MM Docket No. 01-123

Table of Allotments, ) RM-10139

FM Broadcast Stations. ) RM-10387

(Darien, Rincon and Statesboro, )

Georgia) )

)

Amendment of Section 73.202(b) ) MM Docket No. 01-177

Table of Allotments ) RM-10196

FM Broadcast Stations. ) RM-10388

(Screven, Rincon, and Statesboro, ) RM-10389

Georgia; Palatka and Middleburg, )

Florida) )

**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: October 9, 2002 Released: October 18, 2002**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it *Notices of Proposed Rule Making*
in two related dockets, MM Docket No. 01-123 ("*Notice I*")*,*[^1] and
MM Docket No. O1-177 ("*Notice II* ").[^2] *Notice I* was issued in
response to a petition for rule making (RM-10139) filed by Bernice P.
Hedrick requesting the allotment of Channel 262A at Darien, Georgia, as
that community's second local FM transmission service. *Notice II* was
issued in response to a petition for rulemaking (RM-10196) filed by
International Systems Corp. ("ISC"), requesting the allotment of Channel
260A at Screven, Georgia, as that community's first local aural
transmission service.

2\. On July 30, 2001, the date by which comments and counterproposals
were due in MM Docket No. 01-123, Radio Statesboro, Inc. ("Radio
Statesboro") filed a counterproposal in MM Docket No. 01-123. That
counterproposal (RM-10387) requested that Channel 261C1 be substituted
for Channel 261C2 at Radio Statesboro's Station WMCD(FM), Statesboro,
Georgia, and that Station WMCD be reallotted to Rincon, Georgia, as
Rincon's first local aural transmission service, which is priority three
of the FM allotments priorities set forth in *Revision of FM Assignment
Policies and Procedures.*[^3] Since the petition for rulemaking in MM
Docket No. 01-177 was filed on June 5, 2001, and was mutually exclusive
with the timely filed counterproposal in MM Docket No. 01-123 at the
time that the counterproposal was filed, the petition for rulemaking
filed in MM Docket No. 01-177 became conflicted with MM Docket No.
01-123 on July 30, 2001.[^4] In this light, we are consolidating these
two dockets in this *Report and Order.*

3\. The foregoing counterproposal filed by Radio Statesboro in MM Docket
No. 01-123 was also filed on September 24, 2001 in MM Docket No. 01-177.
September 24, 2001, was the date upon which comments and
counterproposals in MM Docket No. 01-177 were due. In addition, Renda
Broadcasting Corp of Nevada (Renda) filed its own counterproposal on
September 24, 2001, in MM Docket No. 01-177. Renda requested permission
to downgrade Channel 260C, Station WGNE-FM, Palatka, Florida, to Channel
260C0 and to change Station WGNE-FM's community of license to
Middleburg, Florida, which would provide Middleburg with its first local
aural transmission service. We further observe that Bernice P. Hedrick,
who filed the original rulemaking petition in MM Docket No. 01-123, has
requested that her petition for rulemaking be dismissed. That request
includes a statement that she has not received and will not receive any
consideration in connection with her request for dismissal, which we
find complies with Section 1.420(j) of the Commission's Rules.
Accordingly, her request is granted. Thus, at this point in time, we
have a consolidated rulemaking proceeding involving ISC's original
petition to allot Channel 260A to Screven, Georgia, and the two
counterproposals filed pursuant to Section 1.420(i) of the Commission's
Rules by Radio Statesboro and Renda that are mutually exclusive with
ISC's petition for rulemaking.

4\. Since Renda's Middleburg proposal will provide a 70 dBu signal that
will cover more than 50 percent of the Jacksonville Urbanized Area,
Renda must provide a *Tuck*[^5] analysis demonstrating that Middleburg
is sufficiently independent of the Jacksonville Urbanized Area that it
would be justified in receiving a first local service preference under
priority (3) of the *FM Priorities*[^6]*.* Under the *Tuck* case, we
examine such proposals by considering the signal population coverage,
the size and proximity of the proposed community to the central city of
the urbanized area, and the interdependence of the proposed community to
the central city.[^7] The interdependence factor is the most important
factor considered in making an allotment decision involving the proposed
reallotment of a station to an urbanized area. Renda has provided
sufficient information to demonstrate that Middleburg is an independent
community based on the factors listed in *Tuck*.

5\. With regard to the *Tuck* criteria, Middleburg is a Census
Designated Place (CDP) listed in the 2000 U.S. Census with a population
of 10,338. Renda states that Middleburg is located within 35 kilometers
of the Jacksonville Urbanized Area. The facilities proposed by Renda
would place a 70 dBu contour over 78 percent of the Jacksonville
Urbanized Area. Renda asserts that the 1990 U.S. Census listed the
population of Middleburg at 4,742, of which 249 persons, or a little
over 5 percent of its residents, worked in Middleburg (factor 1 of the
*Tuck* factors, *supra,* at note 1. The current population for
Middleburg is 10,338, which is more than twice the population of 1990.
Renda claims that it could not find any updated workforce figures for
the 2000 U.S. Census. We observe that the 1990 U.S. Census data
submitted by Renda indicates that 1,101 of 2,869 workers from Middleburg
worked in their county of residence. We note that Middleburg is located
in Clay County, while Jacksonville and its Urbanized Area are located in
Duval County. Thus, it would appear that, in 1990, a large percentage of
Middleburg's population worked outside the Jacksonville Urbanized
Area.[^8] Nevertheless, given the lack of data concerning Middleburg's
workforce in 2000, no finding, favorable or unfavorable, can be made
regarding Middleburg's status under *Tuck* factor 1. As for local media
serving Middleburg (*Tuck* factor 2), Middleburg is served by 3 local
newspapers (two weekly newspapers and one newspaper that is published
twice a week). Renda states that even though these newspapers serve
other communities in addition to Middleburg, each of these newspapers
contains advertisements from Middleburg businesses and none of these
newspapers serve Jacksonville. Middleburg also has its own cable
television company. We conclude that Middleburg deserves a favorable
finding under *Tuck* factor 2. In addition, under *Tuck* factor 7, the
extent to which the community (Middleburg) and the central city
(Jacksonville) are part of the same advertising market, Middleburg also
receives a favorable finding, because it has local media sources to
which the residents of Middleburg can refer that are separate from
Jacksonville advertising media.

6\. As stated previously, Middleburg is a Census Designated Place
located in Clay County, Florida, while Jacksonville is located in Duval
County. Middleburg relies on Clay County for local government (factor 4
of the *Tuck* factors). The Clay County Commission, which is governed by
a Board of Commissioners, manages the daily government of Middleburg.
Middleburg has its own Volunteer Fire Department, but Middleburg is also
served by the Clay County Fire Department. Thus, Middleburg is not
dependent upon Jacksonville or Duval County, the county in which
Jacksonville is located, for its municipal services (factor 8 of the
*Tuck factors*). Further, Renda claims that Glenn Lassiter, who is the
Commissioner representing Middleburg on the Clay County Board of
Commissioners, has asserted that residents of Middleburg perceive their
community as being separate from the Jacksonville Urbanized Area (factor
3 of the *Tuck* factors). Renda states that Middleburg has its own
unique identity and history separate from that of Jacksonville and that
Middleburg was a thriving community in 1850, whereas Clay County was
created in 1858 by act of the Florida legislature. In addition,
Middleburg has its own zip code and separate residential and business
listings in a local telephone directory including Middleburg and several
other communities, thus satisfying factor 5 of the *Tuck* factors.
Middleburg has many small businesses, some of which have "Middleburg" in
their name, several health care providers, and its own rehabilitation
center, thus satisfying factor 6 of the *Tuck* factors. Thus, based upon
the record evidence, we conclude that Renda is entitled to receive a
first local service preference under priority (3) of the *FM Priorities*
for providing the first local aural transmission service to Middleburg,
Florida.

7\. Each of the three proposals in this proceeding would provide first
local aural transmission service, which is priority 3 of the FM
allotments priorities set forth in *FM Priorities, supra* at note 1.
ISC's proposal to allot Channel 260A to Screven, Georgia, would provide
a first local service to Screven, Georgia. Radio Statesboro's
counterproposal would provide a first local service to Rincon, Georgia,
while retaining local service to Statesboro, Georgia. Renda's
counterproposal would provide a first local service to Middleburg,
Florida, while retaining local service to Palatka, Florida. Although the
counterproposals filed by Radio Statesboro and Renda are not mutually
exclusive with each other, they are each mutually exclusive with ISC's
proposal to serve Screven, Georgia. Therefore, we must determine whether
the ISC proposal should be preferred to either or both of the
counterproposals pursuant to the allotment priorities set forth in *FM
Priorities.* Since both Rincon (2000 U.S. Census of 4,376) and
Middleburg (2000 U.S. Census of 10,338) have greater populations than
Screven (2000 U.S. Census of 702), providing first local aural
transmission services to Rincon and Middleburg have priority over
providing such service to Screven under established Commission
precedent.[^9]

8\. Radio Statesboro and Renda filed their requests to change their
communities of license pursuant to the provisions of 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 competing expressions of
interest.[^10]

9\. We believe that the public interest would by served by upgrading
Channel 261C2, Station WMCD, Statesboro, Georgia to Channel 261C1 and
changing Station WMCD's community of license from Statesboro to Rincon,
Georgia, because Rincon (2000 U.S. Census of 4,376) would receive its
first local aural transmission service. Radio Statesboro's proposal
would result in a gain area of over 10,500 square kilometers comprising
427,194 persons and would not result in the creation of any white or
gray areas. The reallotment of Channel 261C1 to Rincon would not deprive
Statesboro of its sole local aural transmission outlet because
Statesboro would continue to be served by four local aural transmission
services. Therefore, in accordance with the provisions of Section
1.420(i) of the Commission's Rules, we will modify the license of
Station WMCD to specify operation on Channel 261C1 at Statesboro,
Georgia.

10\. We believe that the public interest would by served by downgrading
Channel 260C, Station WGNE-FM, Palatka, Florida, to Channel 260C0 and
changing Station WGNE-FM's community of license from Palatka to
Middleburg, Florida, because Middleburg (2000 U.S. Census of 10, 338)
would receive its first local aural transmission service. Renda's
proposal would result in a gain area of 4,567 square kilometers with a
population of 799,704, while the loss area would be 5,090 square
kilometers with a population of 373,202.[^11] All of the loss and gain
areas would continue to receive five or more aural services and thus are
considered to be adequately served. The reallotment of Channel 260C0 to
Middleburg would not deprive Palatka of its sole local aural
transmission outlet because Palatka would continue to be served by three
local aural transmission services. Therefore, in accordance with the
provisions of Section 1.420(i) of the Commission's Rules, we will modify
the license of Station WGNE-FM to specify operation on Channel 260C0 at
Middleburg, Florida. .

11\. Channel 261C1 can be allotted to Rincon, Georgia, in conformity
with the technical requirements of the Commission's Rules, utilizing
Radio Statesboro's requested site at the coordinates of 32-08-35 North
Latitude and 81-42-14 West Longitude, with a site restriction of 47.3
kilometers (29.4 miles) west of Rincon. Channel 260C0 can be allotted to
Middleburg, Florida, in conformity with the requirements of the
Commission's Rules, at the coordinates of 29-59-40 North Latitude and
81-19-39 West Longitude, with a site restriction of 52.1 kilometers
(32.4 miles) east of Middleburg.

12 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 2, 2002, the FM Table of
Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for
the community listed below, as follows:

[Community]{.underline} [Channel Number]{.underline}

Statesboro, Georgia 275C3

Rincon, Georgia, 261C1

Middleburg, Florida 260C0

Palatka, Florida \-\-\-\-\-\-\-\--

13\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Radio
Statesboro, Inc. for Station WMCD(FM), Statesboro, Georgia, IS MODIFIED
to specify operation on Channel 261C1 at Rincon, Georgia, subject to the
following conditions:

\(a\) Within 90 days of the effective date of this [Order]{.underline},
the licensee shall submit to the Commission a minor change application
for a construction permit (Form 301), specifying the new facility.

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with Section 73.1620 of the Commission's Rules.

\(c\) Nothing contained herein shall be construed to authorize a change
in transmitter location or to avoid the necessity of filing an
environmental assessment pursuant to Section 1.1307 of the Commission's
Rules.

14\. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the
Communications Act of 1934, as amended, that the license of Renda
Broadcasting Corp. of Nevada for Station WGNE-FM, Palatka, Florida, IS
MODIFIED to specify operation on Channel 260C0 at Middleburg, Florida,
subject to the following conditions:

\(a\) Within 90 days of the effective date of this [Order]{.underline},
the licensee shall submit to the Commission a minor change application
for a construction permit (Form 301), specifying the new facility.

\(b\) Upon grant of the construction permit, program tests may be
conducted in accordance with Section 73.1620 of the Commission's Rules.

\(c\) Nothing contained herein shall be construed to authorize a change
in transmitter location or to avoid the necessity of filing an
environmental assessment pursuant to Section 1.1307 of the Commission's
Rules.

15\. IT IS FURTHER ORDERED That the petition for rule making filed by
Bernice P. Hedrick (RM-10139) in MM Docket No. 01-123, IS DISMISSED, as
requested.

16\. IT IS FURTHER ORDERED That the petition for rule making filed by
International Systems Corp. (RM-10196) in MM Docket No. 01-177 IS
DENIED.

17\. Pursuant to Commission Rule Section 1.1104(l)(k) and (3)(m), any
party seeking a change of community of license of an FM or television
allotment or an upgrade of an existing FM allotment, if the request is
granted, must submit a rule making fee when filing its application to
implement the change in community of license and/or upgrade. As a result
of this proceeding, Radio Statesboro, Inc., licensee of Station
WMCD(FM), and Renda Broadcasting Corp. of Nevada, licensee of Station
WGNE-FM, are required to submit rule making fees in addition to the fees
required for the applications to effect the changes in their communities
of license.

18\. IT IS FURTHER ORDERED That this proceeding IS TERMINATED.

19\. For further information concerning the above, contact R. Barthen
Gorman, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

#  John A. Karousos 

#  Assistant Chief, Audio Division Media Bureau

[^1]: *Darien, Georgia*, 16 FCC Rcd 12017 (2001).

[^2]: *Screven, Georgia,* 16 FCC Rcd 14906 (2001).

[^3]: *Revision of FM Assignment Policies and Procedures (''FM
    Priorities"),* 90 FCC 2d 88 (1982). The allotment priorities are:
    (1) first full-time aural service; (2) second full-time aural
    service; (3) first local service, and (4) other public interest
    matters \[co-equal weight is given to priorities (2) and (3)\].

[^4]: *See Conflicts Between Applications and Petitions for Rulemaking
    to Amend the FM Table of Allotments*, 7 FCC Rcd 4917 (1992), *recon.
    granted in part and denied in part,* 8 FCC Rcd 4743 (1993) and
    Section 1.420(d) of the Commission's Rules.

[^5]: *See Huntington Broadcasting Co. v. FCC,* 192 F. 2d 33 (D.C. Cir.
    1951), *RKO General, Inc.,* 5 FCC Rcd 3222 (1990), and *Faye and
    Richard Tuck* ("*Tuck*"), 3 FCC Rcd 5374.

[^6]: *See Headland,Alabama and Chattahoochee, Florida,* 10 FCC Rcd
    10352 (1995)

[^7]: In *Tuck*, the Commission set forth eight factors in assessing the
    independence of a specified community: (1) the extent to which the
    community residents work in the larger metropolitan area, rather
    than the specified community; (2) whether the smaller community has
    its own newspaper or other media that covers the community's local
    needs and interests; (3) whether community leaders and residents
    perceive the specified community as being an integral part of, or
    separate from, the larger metropolitan area; (4) whether the
    specified community has its own local government and elected
    officials; (5) whether the smaller community has its own telephone
    book provided by the local telephone company or zip code; (6)
    whether the community has its own commercial establishments, health
    facilities, and transportation systems; (7) the extent to which the
    specified community and the central city are part of the same
    advertising market; and (8) the extent to which the specified
    community relies on the larger metropolitan area for various
    municipal services such as police, fire protection, schools, and
    libraries. The commission has considered a community as independent
    when a majority of these factors demonstrate that the community is
    distinct from the urbanized area. *See Parker and St. Joe, Florida,*
    11 FCC Rcd 1095 (1996).

[^8]: *Cf. Coolidge and Gilbert, Arizona,* 11 FCC Rcd 3610 (1996).

[^9]: *See Blanchard, Louisiana and Stephens Arkansas*, 10 FCC Rcd 9828,
    9829 (1995) and *Rose Hill et al., North Carolina*, 11 FCC Rcd
    21223, 21231 (19196), *affirmed*, 15 FCC Rcd 10739 (2000),
    *application for review denied*, 16 FCC Rcd 15610 (2001).

[^10]: *See* *Modification of FM and TV Authorizations to Specify a New
    Community of License*, 4 FCC Rcd 4870 (1989), *recon. granted in
    part*, 5 FCC Rcd 7094 (1990).

[^11]: The gain and loss areas do not include water areas.