**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b) ) MM Docket No. 99-58

Table of Allotments, ) RM-9461

FM Broadcast Stations. ) RM-9611

(Strattanville and Farmington Township, )

Pennsylvania) )

# MEMORANDUM OPINION AND ORDER 

**(Proceeding Terminated)**

**Adopted: April 10, 2002 Released: April 19, 2002**

By the Assistant Chief, Audio Division:

1\. The Audio Division has before it a Petition for Reconsideration of a
[Report and Order]{.underline}, 15 FCC Rcd 23848 (2000) in this
proceeding. For the reasons discussed below, we deny the Petition for
Reconsideration.

2\. The [Notice of Proposed Rule Making]{.underline}
("[Notice]{.underline}") in this proceeding, 14 FCC Rcd 2877 (1999)
proposed the allotment of FM Channel 267A at Strattanville,
Pennsylvania, as the community's first local aural transmission service
(RM-9461). Strattan Broadcasting, Inc. ("Strattan Broadcasting"),
licensee of Station WMKX(FM), Brookville, Pennsylvania, submitted an
"Opposition" to the [Notice]{.underline}, that was filed prior to the
deadline for filing comments in this proceeding. We shall construe that
pleading as "comments. In that pleading, Strattan Broadcasting claimed
that Strattanville has a population of only 490 people, "is in very dire
economic condition," and did not constitute a "community" for allotment
purposes. A counterproposal was filed by Clarion County Broadcasting,
Inc. ("Clarion County"), licensee of Stations WCCR-FM and WWCH-AM,
Clarion, Pennsylvania, proposing the allotment of Channel 267A at
Farmington Township, Pennsylvania as that community's first local aural
transmission service (RM-9611). Clarion County also opposed the
allotment of Channel 267A at Strattanville, claiming that Strattanville
did not constitute a community for allotment purposes and that it was
doubtful that a station licensed to Strattanville would be economically
viable. The [Report and Order]{.underline} determined that both
Strattanville and Farmington Township constituted "communities" for
allotment purposes, pursuant to Section 307(b) of the Communications
Act, as amended by the Telecommunications Act of 1996, and allotted
Channel 267A to Strattanville and Channel 291A to Farmington Township.

3\. The [Report and Order]{.underline} states that Clarion County and
Strattan Broadcasting had attempted to raise economic issues concerning
Strattanville that were not relevant in either a licensing or an
allotment context, citing the Commission's Report and Order in [Policies
Regarding Deterimental Effects of Proposed new Broadcast Stations on
Existing Stations]{.underline}, 3 FCC Rcd 638 (1988),
[affirmed,]{.underline} 4 FCC Rcd 2276 (1989). Strattan Broadcasting
filed a Petition for Reconsideration of the [Report and
Order]{.underline} in this proceeding, stating that the Commission's
action therein "exacerbates the already dire economic conditions in the
market," in which Strattan Broadcasting claims that nine radio stations
are serving both Strattanville and Farmington Township. Thus, Strattan
Broadcasting alleges, "There are just too few businesses in the market
to support two additional stations."

4\. Strattan Broadcasting has attempted to raise an issue under what
used to be called the [Carroll]{.underline} doctrine.[^1] Prior to the
issuance of the referenced Report and Order in [Policies Regarding
Detrimental Effects of Proposed New Broadcast Stations on Existing
Stations]{.underline}, if an existing licensee offered proof of
detrimental economic effect from a proposed new broadcasting station
that was likely to result in a net loss of service to the public, the
Commission had to consider such evidence and if it was substantial,
conduct a hearing and make findings on the issue. The referenced
rulemaking decision abolished the [Carroll]{.underline} doctrine. Thus,
the Media Bureau is precluded from considering such evidence as that
proffered by Strattan Broadcasting. The referenced rulemaking proceeding
was based on the Commission's experience in implementing the
[Carroll]{.underline} doctrine and the UHF impact policy and "the
intervening growth of the electronic media which lead us to conclude
that the public interest is no longer served by their retention." [^2]

5\. Accordingly, IT IS ORDERED that the foregoing Petition for
Reconsideration filed by Strattan Broadcasting, Inc. IS DENIED.

> 6\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.

7\. For further information concerning this proceeding, contact R.
Barthen Gorman, Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos

Assistant Chief, Audio Division

> Office of Broadcast License Policy Media Bureau

[^1]: This doctrine was imposed on the Commission by the United States
    Court of Appeals for the D.C. Circuit in [Carroll Broadcasting Co.
    v. FCC]{.underline}, 258 F. 2d 440 (D.C. Cir. 1958).

[^2]: 3 FCC Rcd at 638.