**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MB Docket No. 05-295         |
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| Amendment of Section 73.202(b),  | ** | RM-11280                     |
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| Table of Allotments,             | *  | File No. BNPH-20060308ALW    |
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| FM Broadcast Stations.           | ** | Facility ID No. 166082       |
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| (Cumberland, Kentucky, Weber     | *  |                              |
| City,                            | *) |                              |
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| Glade Spring, and Marion,        |    |                              |
| Virginia)                        | *  |                              |
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| ASRadio, LLC                     | ** |                              |
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| Glade Spring, Virginia           | *  |                              |
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| Application for Construction     | ** |                              |
| Permit for                       |    |                              |
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| New FM Station                   | *) |                              |
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> **MEMORANDUM OPINION AND ORDER**

**(Proceedings Terminated)**

**Adopted: January 2, 2008 Released: January 4, 2008**

By the Assistant Chief, Audio Division, Media Bureau:

1.  The Audio Division has before it: (1) a Petition for Reconsideration
    of a *Report and Order*[^1] in MB Docket No. 05-295
    ("Reconsideration 1") filed by JBL Broadcasting, Inc. ("JBL"),
    licensee of Station WVEK-FM, Cumberland, Kentucky; (2) Comments on
    Reconsideration 1, filed by ASRadio, LLC ("ASRadio"), permittee of
    Station WFYE(FM), Glade Spring, Virginia; and (3) various related
    pleadings.[^2] The Audio Division, on its own motion, is
    consolidating for consideration in this proceeding the following
    related matters: (1) a Petition for Reconsideration filed by JBL of
    a staff action granting the above captioned application and denying
    an informal objection ("Reconsideration 2"); [^3] and (2) an
    Opposition to Reconsideration 2 filed by ASRadio.[^4] For the
    reasons discussed below, we grant Reconsideration 1 and dismiss
    Reconsideration 2 as moot.

    **Reconsideration 1**

2.  **Background.** At the request of JBL, a *Notice of Proposed Rule
    Making and Order to Show Cause*[^5] proposed the upgrade of Channel
    274A to Channel 274C3 at Cumberland, Kentucky, the reallotment of
    Channel 274C3 from Cumberland (pop. 2,611) to Weber City, Virginia
    (pop. 1,333) as a first local service, and the associated
    modification of the license for Station WVEK-FM pursuant to Sections
    1.420(g)(3) and (i) of the Commission's rules (the "Rules").[^6] To
    accommodate this upgrade and reallotment, the *NPRM/OSC* also
    proposed: (1) the substitution of Channel 263A for then vacant
    Channel 274A at Glade Spring, Virginia;[^7] and (2) the substitution
    of Channel 273A for Channel 263A at Marion, Virginia, and the
    associated modification of Station WOLD-FM's license.[^8]

3.  The *R&O* denied JBL's proposal and terminated the proceeding
    because one of the related channel changes did not comply with the
    minimum distance separation requirements of Section 73.207(a) of the
    Rules.[^9] Specifically, the proposed substitution of Channel 273A
    for Channel 263A at Marion, Virginia, and the modification of the
    license for Station WOLD-FM were short-spaced to two mutually
    exclusive applications for a new FM station on Channel 273A at
    Shawsville, Virginia.[^10] These applications were filed in 1997
    under the contour protection provisions of Section 73.215 of the
    Commission's rules and fully protected Station WOLD-FM, then a
    licensed Channel 273A station, from interference. However, in MM
    Docket 99-244, Station WOLD-FM's license was modified to specify
    Channel 263A at a different transmitter site, with the licensee's
    consent, to accommodate the new allotment of Channel 274A at Glade
    Spring. As a result of that action and as the *R&O* explained,
    WOLD-FM became fully protected at the modified site for maximum
    class facilities on Channel 263A. At the same time, protection for
    WOLD-FM's formerly licensed Channel 273A facilities ceased. WOLD-FM
    is permitted, however, to continue to operate on Channel 273A on an
    interim or "implied Special Temporary Authority" basis.[^11]

4.  In Reconsideration 1,[^12] JBL seeks the reinstatement and grant of
    its rulemaking proposal and argues that the foregoing rationale for
    dismissal of its rulemaking petition is arbitrary and capricious in
    violation of Section 706(2)(A) of the Administrative Procedure
    Act.[^13] In support of this position, JBL contends that (1) Station
    WOLD-FM has a right under Section 316 of the Communications Act of
    1934, as amended, not an implied special temporary authorization, to
    continue to operate on Channel 273A because the *R&O* in MM Docket
    No. 99-244 did not actually modify the license of Station WOLD-FM to
    specify operation on Channel 263A; (2) the language relied upon in
    the *Technical Streamlining* proceeding for concluding that Station
    WOLD-FM has an implied special temporary authorization for Channel
    273A applies only to "one-step applications," and not to rulemaking
    proceedings; and (3) the two Shawsville applications should continue
    to be treated under the contour protection provisions of Section
    73.215, and, therefore, the WOLD-FM Channel 273A proposal should be
    treated as fully spaced to these applications.[^14]

5.  In its Comments, ASRadio states that it recently was granted the
    construction permit for Channel 274A at Glade Spring, is ready to
    build Station WFYE(FM), but cannot operate on Channel 274A until
    Station WOLD-FM is moved from Channel 273A to Channel 263A as
    required by the *R&O* in MM Docket 99-244. ASRadio also recognizes
    that Station WOLD-FM has not yet moved to Channel 263A and that the
    outcome of MB Docket 05-295 will determine whether WFYE(FM) at Glade
    Spring will occupy Channel 274A or 263A. ASRadio has determined that
    it can serve Glade Spring as well or better with Channel 263A and,
    therefore, supports grant of Reconsideration 1. ASRadio also urges
    expeditious action in this matter because (1) WOLD-FM would be
    relieved of the obligation to change channels; (2) ASRadio can
    construct immediately on Channel 263A without regard to Station
    WOLD-FM, expediting a first local transmission service to Glade
    Spring; and (3) there would be a more efficient use of broadcasters'
    resources because the reimbursement obligations for ASRadio and JBL
    would be either eliminated or mitigated.[^15]

6.  In a Motion for Leave to File Supplement to Reconsideration 1, JBL
    argues that the public interest would be served by considering its
    Supplement to Reconsideration 1 because it reports new facts
    affecting the outcome of this proceeding that occurred after the
    30-day period for filing a petition for reconsideration.
    Specifically, the Supplement to Reconsideration 1 points out that on
    July 9, 2007, two applicants for Channel 273A at Shawsville,
    Virginia, filed separate amendments to their applications,
    specifying a common proposed transmitter site. JBL further contends
    that use of this amended transmitter site eliminates the
    short-spacing between these applications and Station WOLD-FM's
    current operation on Channel 273A at Marion.[^16] Because the
    impediment to grant of JBL's rulemaking proposal has been
    eliminated, JBL requests the reinstatement and grant of its
    proposal.[^17]

7.  Thereafter, in response to a staff request for additional
    information, JBL filed a Second Supplement to Petition for
    Reconsideration, stating that it will reimburse the permittee of
    Station WFYE(FM), Glade Spring, Virginia, and the licensee of
    Station WOLD-FM, Marion, Virginia, for their reasonable expenses in
    changing channels in accordance with Commission policy.[^18] In its
    Response to Second Supplement, ASRadio continues to support grant of
    Reconsideration 1, so long as ASRadio can receive prompt authority
    to proceed with construction of its new station at Glade Spring.

8.  **Discussion.** As a threshold matter, we must address several
    procedural issues. First, we will grant JBL's Motion to File
    Supplement to Reconsideration 1. Although Section 1.429(d) of the
    Commission's rules requires that a petition for reconsideration and
    any supplement thereto shall be filed within 30 days from the date
    of public notice of such action, this section permits consideration
    of a supplement to a petition for reconsideration filed after
    expiration of the 30-day period ". . . upon leave granted pursuant
    to a separate pleading stating the grounds for acceptance of the
    supplement." We believe that reporting new facts that may affect the
    outcome of this proceeding constitutes good cause for permitting the
    late filing.[^19] Second, pursuant to Section 1.429(b), a petition
    for reconsideration relying on facts that have not been previously
    presented may be considered if, *inter alia,* (1) the facts relied
    on relate to events that have changed since the last opportunity to
    present them to the Commission; or (2) it is in the public interest
    to consider the new facts. We find that both of these grounds are
    present for consideration of these new facts. The filing of the
    amendments occurred approximately 11 months after the deadline for
    filing a petition for reconsideration in this proceeding, and the
    public interest would be served by their consideration because it
    could expedite the activation of a first local service at Glade
    Spring and create a new first local service at Weber City, promoting
    Priority (3) of the FM Allotment Priorities.[^20] Third, we will
    consider JBL's Second Supplement to Reconsideration 1 because it was
    filed in response to a staff request for additional
    information.[^21]

9.  Next, as to the merits, we believe that reconsideration of our
    denial of JBL's rulemaking proposal is warranted based on the
    changed circumstances that have occurred since the release of the
    *R&O*. As previously explained, the rulemaking proposal was denied
    based on the short-spacings between the current operation of Station
    WOLD-FM on Channel 273A at Marion and the transmitter sites proposed
    by two of the applicants for Channel 273A at Shawsville. However, on
    July 9, 2007, these two applicants filed amendments to their
    applications that specified a common transmitter site and eliminated
    the short-spacings.[^22] These amendments were accepted for filing
    on August 23, 2007. Because these amendments cure the technical
    defect with JBL's rulemaking proposal and there will be no prejudice
    to any competing proponent, [^23] we will reinstate and process
    JBL's rulemaking petition.[^24]

10. We will substitute Channel 274C3 for Channel 274A at Cumberland,
    reallot Channel 274C3 from Cumberland, Kentucky, to Weber City,
    Virginia, and modify the license for Station WVEK-FM, accordingly,
    because the requirements of Section 1.420(i) have been met.[^25]
    First, the proposed use of Channel 274C3 at Weber City is mutually
    exclusive with the current use of Channel 274A at Cumberland.
    Second, Cumberland will not be deprived of its only local service
    because Station WCPM(AM) will continue to be licensed to Cumberland.
    Third, the provision of a first local service at Weber City under
    Priority (3) of the FM Allotment Priorities will result in a
    preferential arrangement of allotments over the retention of a
    second local service at Cumberland under Priority (4). To
    accommodate the new Weber City allotment, we will substitute Channel
    263A for Channel 274A at Glade Spring and modify the construction
    permit for Station WFYE(FM) accordingly.[^26] Likewise, we will
    substitute Channel 273A for Channel 263A at Marion, Virginia, and
    modify the license for Station WOLD-FM, accordingly.[^27] JBL has
    stated its willingness to reimburse the permittee of Station
    WFYE(FM) and the licensee of Station WOLD-FM for their reasonable
    expenses, if any, in changing channels in accordance with Commission
    policy.[^28]

11. Weber City is a community for allotment purposes because it is
    incorporated and listed in the U.S. Census. It also has other
    indicia of community status such as a town government, an elementary
    school, a fire department, a post office, zip code, cable television
    system, and various commercial establishments, including two
    automobile dealerships, two banks, a funeral home, a furniture
    store, a medical clinic, and a pharmacy. Further, because Station
    WVEK-FM's proposed 70 dBu contour covers 100 percent of the
    Kingsport, Tennessee-Virginia Urbanized Area, JBL was required to
    submit a *Tuck* showing.[^29] We find that a majority of the eight
    *Tuck* factors are present and that Weber City is sufficiently
    independent of the Kingsport, Tennessee-Virginia Urbanized Area to
    warrant a first local service.[^30]

12. A staff engineering analysis reveals that the upgrade and
    reallotment of Station WVEK-FM will result in a gain of 357,378
    persons and a loss of service to 56,525 persons, for a net gain of
    300,853. However, the loss area is well served with five or more
    aural services.

13. **Conclusion.** Accordingly, we will grant both JBL's
    reconsideration and rule making petitions in MB Docket 05-295.

    **Reconsideration 2**

14. **Background.** On May 9, 2006, JBL filed an informal objection to
    ASRadio's application for a new commercial FM station on Channel
    274A at Glade Spring.[^31] JBL argued that the processing of
    ASRadio's application should be held in abeyance pending the outcome
    of MB Docket No. 05-295 because Channel 274A at Glade Spring would
    conflict with JBL's rulemaking petition to allot Channel 274C3 at
    Weber City. Thereafter, the staff denied JBL's informal objection
    and conditionally granted ASRadio's application on the final outcome
    of MB Docket No. 05-295 because ". . . our policy is not to withhold
    grants of applications due to conflicts with pending rulemakings
    that propose to reallot the channel of the application eliminating
    the conflict."[^32]

15. In Reconsideration 2, JBL seeks rescission of the grant of ASRadio's
    construction permit or a tolling of the period for construction
    until the Commission acts on JBL's rulemaking proposal in MB Docket
    05-295. JBL contends that such an approach would serve the public
    interest because it would eliminate the need for Station WOLD-FM,
    Marion, Virginia, to change channels twice and for ASRadio and JBL
    to reimburse the station for its reasonable costs in making these
    changes. ASRadio filed an opposition, contending that whatever may
    be the merits of JBL's Reconsideration 1, JBL has shown no valid
    basis for the Commission to rescind ASRadio's construction permit or
    restrict its authority to construct.

16. **Discussion.** JBL's request to rescind WFYE(FM)'s construction
    permit or to toll the period for construction pending action in MB
    Docket 05-295 has become moot because of our simultaneous action
    granting JBL's rulemaking petition. That action eliminates the
    conflict between Channel 274C3 at Weber City and Channel 274A at
    Glade Spring and enables Station WFYE(FM) to construct without
    regard to Station WOLD-FM at Marion. Accordingly, we will dismiss
    JBL's Reconsideration 2.

    **Ordering Clauses**

17. Accordingly, pursuant to the authority contained in 47 U.S.C.
    Sections 4(i), 5(c)(1), 303(g) and (r), and 307(b), and Sections 47
    C.F.R. Sections 0.61, 0.204(b), and 0.283, IT IS ORDERED, That,
    effective February 18, 2008, the Media Bureau's Consolidated Data
    Base System will reflect Channel 274C3 at Weber City, Virginia, as
    the reserved assignment for Station WVEK-FM in lieu of Channel 274A
    at Cumberland, Kentucky; Channel 263A as the reserved assignment for
    Station WFYE(FM), Glade Spring, Virginia, in lieu of Channel 274A;
    and Channel 273A as the reserved assignment for Station WOLD-FM,
    Marion, Virginia, in lieu of Channel 263A. A summary of this
    decision will be printed in the *Federal Register*.

18. IT IS FURTHER ORDERED, That pursuant to Section 316 of the
    Communications Act of 1934, as amended, the license for Station
    WVEK-FM, Cumberland, Kentucky, IS MODIFIED to specify operation on
    Channel 274C3 at Weber City, Virginia, subject to the following
    conditions:

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(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.

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```
19. IT IS FURTHER ORDERED, That pursuant to Section 316 of the
    Communications Act of 1934, as amended, the construction permit for
    Station WFYE(FM), Glade Spring, Virginia, IS MODIFIED to specify
    Channel 263A, and the license for Station WOLD-FM, Marion, Virginia,
    IS MODIFIED to specify Channel 273A, subject to the following
    conditions:

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```
(a) Within 90 days of the effective date of this Order, AS Radio, LLC
    and Emerald Sound Inc. shall submit to the Commission minor change
    applications for construction permits (Form 301), specifying the new
    facilities;

(b) Upon grant of the construction permits, 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.

```{=html}
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```
20. Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and 3(l), JBL
    Broadcasting, Inc., is required to submit a rulemaking fee in
    addition to the fee required for the application to effectuate the
    change of community of license and upgrade for Station WVEK-FM at
    the time its Form 301 application is submitted.

21. IT IS FURTHER ORDERED, That the Petition for Reconsideration filed
    by JBL Broadcasting, Inc. in MB Docket 05-295 IS GRANTED.

22. IT IS FURTHER ORDERED, That the Petition for Rule Making (RM-11280)
    filed by JBL Broadcasting, Inc. IS GRANTED.

23. IT IS FURTHER ORDERED, That the Petition for Reconsideration filed
    by JBL Broadcasting, Inc. in File No. BNPH-20060308ALW IS DISMISSED
    AS MOOT.

24. IT IS FURTHER ORDERED, That a copy of this *Memorandum Opinion and
    Order* be sent by Certified Mail, Return Receipt Requested, to
    Dennis J. Kelly, Esq., Post Office Box 41177, Washington, D.C. 20018
    (Counsel for JBL Broadcasting, Inc.); John S. Logan, Esq., Dow
    Lohnes PLLC, 1200 New Hampshire Avenue, N.W., Suite 800, Washington,
    DC 20036 (Counsel for ASRadio, LLC); Stephen C. Simpson, Esq., 1250
    Connecticut Avenue, N.W., Suite 200, Washington, D.C. 20036 (Counsel
    for George S. Flinn, Jr.); Mr. Rick Lambert, Grace Communications,
    L.C., 2509 Horsehoe Ridge, Cape Girardeau, Missouri 63701; and Mr.
    Bob Dix, Emerald Sound, Inc., Post Office Box 1047, Marion, Virginia
    24354 (Licensee of Station WOLD-FM, Marion, Virginia).

25. IT IS FURTHER ORDERED, That these proceedings ARE TERMINATED.

26. For further information concerning this proceeding, contact
    Andrew J. Rhodes, Media Bureau, (202) 418-2180.

    FEDERAL COMMUNICATIONS COMMISSION

    John A. Karousos

    Assistant Chief

    Audio Division

    Media Bureau

[^1]: *Cumberland, Kentucky, Weber City, Glade Spring, and Marion,
    Virginia,* Report and Order, 21 FCC Rcd 6431 (MB 2006) ("*R&O*").

[^2]: These pleadings are (1) a Motion to File Supplement and a
    Supplement to Petition for Reconsideration filed by JBL on July 13,
    2007; (2) a Request for Expedited Action on Petition for
    Reconsideration filed by JBL on August 17, 2007; (3) a Motion for
    Leave to File Second Supplement and a Second Supplement to Petition
    for Reconsideration filed by JBL on September 14, 2007; and (4) a
    Motion for Leave to File Response to Second Supplement and a
    Response to Second Supplement filed by ASRadio on October 9, 2007.

[^3]: *Letter to ASRadio, LLC,* Ref. 1800B3-AED (Assistant Chief, Audio
    Division, Media Bureau, May 26, 2006) ("*Staff Letter*").

[^4]: Also on file is a July 13, 2006, Consent Motion for Extension of
    Time to Respond to Reconsideration 2 filed by ASRadio.

[^5]: *Cumberland, Kentucky, Weber City, Glade Spring, and Marion,
    Virginia,* Notice of Proposed Rule Making and Order to Show Cause*,*
    20 FCC Rcd 18039 (MB 2005) ("*NPRM/OSC")*.

[^6]: These rules permit the modification of a station's authorization
    to specify a new community of license and the upgrade of the class
    of an FM station on a mutually exclusive co-channel or adjacent
    channel without affording other interested parties an opportunity to
    file competing expressions of interest.

[^7]: The *NPRM/OSC* noted that Channel 274A at Glade Spring was listed
    among other vacant non-reserved band FM allotments in Broadcast
    Auction No. 62, which subsequently occurred on January 12, 2006.
    ASRadio, LLC became the successful auction bidder for Channel 274A
    at Glade Spring, and its application for construction permit (File
    No. BNPH-20060308ALW) was granted on May 26, 2006, subject to the
    outcome of MB Docket 05-295.

[^8]: Previously, in MM Docket No. 99-244, the license for Station
    WOLD-FM was modified from Channel 273A to Channel 263A to
    accommodate the allotment of Channel 274A at Glade Spring, Virginia,
    as a first local service. *See Cumberland, Kentucky, Weber City,
    Glade Spring, Marion, Richlands, and Grundy, Virginia,* Report and
    Order, 17 FCC Rcd 5024 (MMB 2002). However, Station WOLD-FM has not
    commenced operations on Channel 263A. We note that two other
    stations, WRIC-FM, Richlands, Virginia, and WMJD(FM), Grundy,
    Virginia, were also required in MM Docket 99-244 to change channels
    to accommodate the allotment of Channel 274A at Glade Spring and
    have already implemented their respective channel changes.

[^9]: 47 C.F.R. § 73.207.

[^10]: *See* File Nos. BPH-19971022MC and BPH-19971023ME. These
    applications were 6.6 and 0.6 kilometers, respectively, short-spaced
    to Channel 273A at Marion. There are two other mutually exclusive
    applications pending for Channel 273A at Shawsville, File Nos.
    BPED-19971021MF and BPH-19971023MC, which are fully spaced to
    Channel 273A at Marion.

[^11]: *See 1988 Biennial Regulatory Review -- Streamlining of Radio
    Technical Rules in Parts 73 and 74 of the Commission's Rules,*
    Notice of Proposed Rule Making, 13 FCC Rcd 14849, 14855 n.22 (1998)
    ("*Technical Streamlining"*).

[^12]: *Public Notice* of the filing of Reconsideration 1 was given in
    Report No. 2788, August 15, 2006.

[^13]: 5 U.S.C. § 706(2)(A).

[^14]: JBL also submits a letter from a principal of one of the
    short-spaced Shawsville applicants, stating that, if JBL's Petition
    for Reconsideration were granted, it would amend its application to
    specify a transmitter site that would be fully-spaced to operation
    of WOLD-FM on Channel 273A at Marion, Virginia. *See Letter from
    Grace Communications, L.C.,* Reconsideration 1, Exhibit B.

[^15]: In this regard, ASRadio contends that if ASRadio were to
    construct on Channel 274A at Glade Spring while Reconsideration 1
    were pending, then, if the Commission should later grant
    Reconsideration 1, JBL would be forced to fund the relocation of
    WFYE(FM) to Channel 263A and also move WOLD-FM back to its current
    operating location, Channel 273A.

[^16]: *See* Amendments filed by George S. Flinn, Jr. (File No.
    BPH-19971022MC) and Grace Communications, L.C. (File No.
    BPH-19971023ME).

[^17]: On August 17, 2007, JBL filed a Request for Expedited Action on
    Petition for Reconsideration, urging the Commission to act on
    Reconsideration 1 for reasons similar to those advanced by ASRadio
    in its Comments.

[^18]: *See Circleville, Ohio, et al.*, Second Report and Order, 8 FCC
    2d 159, 163-165 (1967).

[^19]: *See, e.g., Columbus and Monona, Wisconsin,* Memorandum Opinion
    and Order, 21 FCC Rcd 10012 (MB 2006) (granting a motion to
    supplement a petition for reconsideration to provide information on
    facts that have changed since the release of the *Report and Order*
    in an FM allotment proceeding).

[^20]: The FM Allotment Priorities are (1) first fulltime aural service;
    (2) second fulltime aural service; (3) first local service; and (4)
    other public interest matters. \[Co-equal weight is given to
    priorities (2) and (3)\]. *See Revision of FM Assignment Policies
    and Procedures,* Second Report and Order, 90 FCC 2d 88, 91 (1982).

[^21]: Under these circumstances, it is not necessary to rule upon JBL's
    Motion for Leave to File Second Supplement.

[^22]: *See supra* note 18.

[^23]: *See, e.g., Lebanon Broadcasting Co., Inc.,* Memorandum Opinion
    and Order, 68 FCC 2d 822 (1978) (granting on a reconsideration an
    application for a new FM station that had been previously denied for
    violating newspaper cross-ownership rule because of the subsequent
    divestiture of the newspaper interest and the lack of prejudice to
    any competing applicants).

[^24]: In view of this disposition, we will not address the arguments
    raised by JBL in its original Reconsideration 1.

[^25]: The reference coordinates for Channel 274C3 at Weber City,
    Virginia, are 36-31-36 NL and 82-35-13 WL.

[^26]: The reference coordinates for Channel 263A at Glade Spring,
    Virginia, are 36-47-50 NL and 81-36-52 WL.

[^27]: The reference coordinates for Channel 273A at Marion, Virginia,
    are 36-54-10 NL and 81-32-27 WL.

[^28]: *See supra* note 17.

[^29]: *See Faye and Richard Tuck, Inc.,* Memorandum Opinion and Order,
    3 FCC Rcd 5374, 5378 (1988) ("*Tuck*").

[^30]: Specifically, factors 3 (local perception); 4 (local government
    and elected officials); 5 (zip code and telephone book); 6
    (commercial establishments, health facilities); and 8 (local
    services such as police and fire departments) are present.

[^31]: File No. BNPH-20060308ALW.

[^32]: *Staff Letter, supra* note 3. Public notice of this staff action
    was given in *Broadcast Actions,* Report No. 46247, June 1, 2006.