Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | MB Docket No. 04-375         |
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| Amendment of Section 73.202(b),  | ) | RM-11038                     |
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| FM Table of Allotments,          | * |                              |
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| FM Broadcast Stations.           | * |                              |
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| (Louisburg and Hillsborough,     | ) |                              |
| North Carolina)                  | * |                              |
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**REPORT AND ORDER**

**(Proceeding Terminated)**

**Adopted: May 10, 2006 Released: May 12, 2006**

By the Assistant Chief, Audio Division, Media Bureau:

1\. Before the Audio Division for consideration is a *Notice of Proposed
Rule Making*[^1] issued at the request of New Century Media Group, LLC
("Petitioner"), licensee of Station WKXU(FM),[^2] Channel 273A,
Louisburg, North Carolina. Petitioner proposes to reallot Channel 273A
from Louisburg to Hillsborough, North Carolina, and modify the license
of Station WKXU to reflect the change of community. Petitioner filed
comments reiterating its intention to file an application for a
construction permit to effectuate the change of community if Channel
273A is reallotted. No counterproposals or other comments were received.

2\. Petitioner filed its proposal for reallotment in accordance with the
provisions of Section 1.420(i) of the Commission's Rules,[^3] 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.[^4] 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.^4^
The proposal would provide a first local service at Hillsborough, a 2000
U.S. Census population of 5,446 persons. Adoption of this Priority Three
proposal would result in a preferential arrangement of allotments when
compared to the retention of a second local service at Louisburg, a 2000
U.S. Census population of 3,111 persons, a Priority Four proposal.[^5]
Our

staff engineering analysis shows that there will be a predicted net gain
in service to 245,671 persons, and that both Louisburg and Hillsborough
are well-served with 5 or more full-time reception services.[^6]

3\. We recognize that Hillsborough is located within Durham Urbanized
Area. In this regard, we are concerned with the potential migration of
stations from lesser-served rural areas to well-served urban areas. For
this reason, we do not blindly apply a first local service preference
when a station seeks to reallot its channel to a suburban community in
or near an Urbanized Area. In making such a determination, we consider
the extent the station will provide service to the entire Urbanized
Area, the relative populations of the suburban community and central
city, and most important of all, the independence of the suburban
community.[^7] In *Faye and Richard Tuck, Inc.*,[^8] we set forth eight
factors to assess the independence of a suburban community.[^9] Each of
the eight *Tuck* factors, is addressed by the Petitioner, to demonstrate
the independence of Hillsborough. Petitioner provides a statement from
the Mayor of Hillsborough (Factor 3), stating that "the Town of
Hillsborough is completely independent from and not dependent in any way
on our neighbor \[Durham\] to the east." Hillsborough is the county seat
of Orange County and is itself governed by an elected mayor and board of
five commissioners (Factor 4) which oversees all of the town's municipal
services including police, water, sewer and garbage (Factor 8).
Hillsborough has numerous local businesses and medical offices (factor
6), its own zip code 27278 and two telephone books, one of which is
exclusively for Hillsborough (Factor 5). Petitioner estimates that of
the approximately 2,647 workers who reside in Hillsborough about 25
percent work in the community and at most about 45 percent commute to
Durham, assuming they do not commute to another city (Factor 1).
Petitioner states that although Hillsborough's advertising rates are
affected by the advertising rates of the larger Raleigh, Durham, and
Chapel Hill markets, local businesses can advertise in *The News of
Orange County*, a local weekly newspaper published in Hillsborough which
serves the community's local needs and interests (factors 7 and 2). We
find that a majority of the *Tuck* factors are present to establish
Hillsborough's independence from the Durham Urbanized Area.

4\. Our staff engineering analysis shows that Channel 273A can be
reallotted from Louisburg to Hillsborough, North Carolina in conformity
with the technical requirements of the Commission's Rules at coordinates
located 36-06-49 North Latitude and 79-00-20 West Longitude with a site
restriction of 9.51 kilometers (5.91 miles) northeast of the
community.[^10] For all the foregoing reasons, we conclude that the
public interest would be served by reallotting Channel 273A to
Hillsborough, North Carolina. Therefore, in accordance with the
provisions of Section 1.420(i) of the Commission's Rules, we will modify
the license of Station WKXU(FM), Channel 273A, Louisburg, North Carolina
to specify operation on Channel 273A at Hillsborough, North Carolina.

5\. The Commission will send a copy of this *Report and Order* in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, *see* 5 U.S.C. Section
801(a)(1)(A).

6\. Accordingly, pursuant to authority contained in 47 U.S.C. Sections
4(i), 5(c)(1), 303(g) and (r), and 307(b), and 47 C.F.R. Sections 0.61,
0.204(b) and 0.283, IT IS ORDERED, That effective June 26, 2006, the FM
Table of Allotments, 47 C.F.R. Section 73.202(b), IS AMENDED for the
communities listed below, to read as follows:

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

Louisburg, North Carolina \-\--

Hillsborough, North Carolina 273A

7\. IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a),
the license of New Century Media Group, LLC, for Station WKXU(FM),
Channel 273A, Louisburg, North Carolina, IS MODIFIED to specify
operation on Channel 273A, Hillsborough, North Carolina, subject to the
following conditions:

a)  Within 90 days of the effective date of this *Order*, 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 47 C.F.R. Section 73.1620; and

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 47 C.F.R. Section 1.1307,
    unless the proposed facilities are categorically excluded from
    environmental processing.

    8\. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (3)(l), New
    Century Media Group, LLC, licensee of Station WKXU(FM), is required
    to submit a rulemaking fee in addition to the fee required for the
    application to effectuate the change in community of license for
    Station WKXU(FM) at the time its Form 301 application is submitted.

    9\. IT IS FURTHER ORDERED, That the Secretary of the Commission
    shall send by Certified Mail Return Receipt Requested, a copy of
    this Report and Order to Petitioner's counsel, as follows:

New Century Media Group, LLC

c/o David Kushner, Esquire

Brooks, Pierce, McLendon, Humphrey

& Leonard, L.L.P.

First Union Capitol Center, Suite 1600

150 Fayetteville Street Mall (27601)

Raleigh, North Carolina 27602

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

11\. For additional information concerning this proceeding, contact
Helen McLean, Media Bureau (202) 418-2738.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief

Audio Division

Media Bureau

[^1]: *Louisburg and Hillsborough, North Carolina, et al.*, Notice of
    Proposed Rule Making, 19 FCC Rcd 18738 (MB 2004) ("*Notice*") (This
    was a multiple docket *Notice* setting forth several separate
    proposals while the instant Report and Order pertains only to the
    docket specified above.).

[^2]: The station was referred to in the *Notice* by its former call
    sign WHLQ.

[^3]: 47 C.F. R. § 1.420(i).

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

[^5]: Petitioner is also the licensee of AM Station WYRN, Louisburg,
    North Carolina.

[^6]: *See LaGrange and Rollingwood, Mississippi*, Memorandum Opinion
    and Order, 10 FCC Rcd 3337 (1995). *See also* *Family Broadcasting
    Group*, Review Board Decision, 53 RR 2d 662 (Rev. Bd. 1983), *rev.
    denied* FCC 83-559 (Comm. Nov. 29, 1983) (The Commission has
    considered five or more services to be "abundant.").

[^7]: *Faye and Richard Tuck, Inc.*, Memorandum Opinion and Order, 3 FCC
    Rcd 5374 (1988).

[^8]: *Id.* *See also* Headland, *Alabama and Chattahoochee, Florida*,
    Report and Order, 10 FCC Rcd 10352 (MMB 1995).

[^9]: The Commission considers the following factors in determining a
    community's interdependence with a central city: (1) the extent to
    which community residents work in the large 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 the community's
    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 zip
    code or telephone book provided by the local telephone company; (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. *Tuck*, Memorandum Opinion and Order, 3 FCC Rcd at 5378.

[^10]: Pursuant to MB Docket No. 03-47, Station WJMH(FM) was
    reclassified from Channel 271C to Channel 271C0 at Reidsville, North
    Carolina. *Orange, Virginia, et al.*, Report and Order, 18 FCC Rcd
    12840 (2003).