**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), ) MM Docket No. 00-17

Table of Allotments, ) RM-9814

FM Broadcast Stations. )

(Andalusia, Alabama and Holt, Florida) )

[REPORT AND ORDER]{.underline}

(Proceeding Terminated)

Adopted: August 23, 2000 Released: September 1, 2000

> By the Chief, Allocations Branch:

1\. Before the Commission for consideration is the [Notice of Proposed
Rule Making]{.underline}, 15 FCC Rcd 2029 (2000), issued in response to
a request filed on behalf of Capstar TX Limited Partnership
("petitioner"), licensee of Station WTKE(FM), Channel 251C1, Andalusia,
Alabama, proposing the reallotment of Channel 251C1 to Holt, Florida, as
that community's first local aural transmission service, and
modification of its authorization accordingly. Petitioner filed
supporting comments in response to the [Notice]{.underline}. No other
comments were filed.

> 2\. This proposal is filed pursuant to Section 1.420(i) of the
> Commission's Rules. [See Modification of FM and TV Authorizations to
> Specify a New Community of License]{.underline} ("[Change of
> Community]{.underline}"), 4 FCC Rcd 4870 (1989), [recon]{.underline}.
> [granted]{.underline} [in]{.underline} [part]{.underline}, 5 FCC Rcd
> 7094 (1990). This would enable petitioner to provide Holt, an
> unincorporated community that is not within an urbanized area, with
> its first local aural transmission service and would not leave
> Andalusia devoid of local broadcast service. The proposed reallotment
> of Channel 251C1 to Holt, Florida, is mutually exclusive with its
> existing authorization at Andalusia, Alabama. The distance between
> Andalusia and the petitioner's specified site at Holt is 3.2
> kilometers (2 miles) whereas a minimum distance of 245 kilometers (152
> miles) is required in this instance. As stated in the
> [Notice]{.underline}, Station WTKE presently provides 60 dBu coverage
> to less than 50% of the Pensacola urbanized area while covering
> virtually the entire Fort Walton Beach urbanized area. However, as the
> 70 dBu contour of Station WTKE does not reach any urbanized area, the
> petitioner was not required to submit a [Tuck]{.underline} analysis to
> demonstrate that Holt is sufficiently independent from the noted
> urbanized areas to warrant a first local service preference. [^1]

3\. The [Notice]{.underline} also advised that while the reallotment
would result in a loss of population coverage to 45,116 persons within
Station WTKE's 60 dBu contour, the proposed reallotment site for Channel
251C1 at Holt will provide service to 336,697 persons in an area of
16,422 square kilometers and result in 4,267 persons gaining a new
service. Both the gain and loss areas receive five or more aural
reception services and are considered well served.

4\. Additionally, as Holt is not incorporated, the [Notice]{.underline}
requested petitioner to provide additional information beyond that
presented in its proposal to demonstrate whether it is a [bona
fide]{.underline} community for allotment purposes. Further, petitioner
was requested to clarify Holt's population and identify the official
information source.[^2]

5\. Petitioner's responsive comments agree that Holt's population, as
reported by the Commission in the [Notice]{.underline} is 1,821 persons,
as listed in the 1990 U.S. Census, rather than the smaller population
listed in its proposal. Petitioner further advises that a recent
population estimate by the local Holt Postmaster reflects a substantial
increase in residents from the 1990 Census estimate, based upon street
delivery to 692 homes, as well as to 425 post office boxes, for a
combined estimated population of 3,351 individuals. In addition to its
own post office and zip code (32564), petitioner reports that Holt has a
volunteer fire department, several churches, schools, civic and social
organizations (such as the Holt Community Center and the Holt Ruritan
Club), as well as approximately twentynine businesses that are
identified by their street address and telephone number. Further,
petitioner provided photographs depicting a highway sign signifying the
Holt border, as well as signs for the co-located community center, Holt
Water Works, Inc., the Holt Volunteer Fire Department, the Holt
Industrial Park, Holt Assembly of God Church, and the Holt Airport
Field. Petitioner also provided testimonials from Holt residents
attesting to their perception and belief that Holt is a separate and
distinct community for allotment purposes.

6\. Based upon the information provided, we believe that the petitioner
has sufficiently demonstrated that Holt is a community for allotment
purposes. Therefore, we believe the public interest would be served by
granting the petitioner's proposal as it will result in a preferential
arrangement of allotments as required by the Commission's [Change of
Community]{.underline} procedures, [supra]{.underline}. Applying those
procedures we compare the existing arrangement of allotments with the
proposal using the FM allotment priorities contained in the [Revision of
FM Assignment Policies and Procedures]{.underline}
("[Revision]{.underline}"), 90 FCC Rcd 88 (1982). The first two
allotment priorities are not applicable in this instance. Holt, which is
not within nor adjacent to an urbanized area, will receive its first
local aural transmission service (priority 3) and is favored over
retaining Channel 251C1 at Andalusia, Alabama (priority 4).
Additionally, Andalusia will continue to receive local transmission
service provided by Station WAAO-FM, Channel 279A, and Station WSTF,
Channel 218A. Therefore, in accordance with the provisions of Section
1.420(i) of the Commission's

Rules, we will modify the license for Station WTKE to specify operation
on Channel 251C1 at Holt, Florida, in lieu of Anniston, Alabama.

7\. As stated in the [Notice]{.underline}, Channel 251C1 can be allotted
to Holt, Florida, consistent with the technical requirements of the
Commission's Rules at the petitioner's specified transmitter site
located 32.2 kilometers north of the community at coordinates 30-59-57
NL and 86-41-20 WL.

8\. 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 October 16, 2000, the FM Table of
Allotments, Section 73.202(b) of the Commission\'s Rules, IS AMENDED
with respect to the communities listed below, as follows:

> [City]{.underline} [Channel No.]{.underline}
>
> Andalusia, Alabama 279A
>
> Holt, Florida 251C1
>
> 9\. IT IS FURTHER ORDERED, That pursuant to Section 316(a) of the
> Communications Act of 1934, as amended, the license of Capstar TX
> Limited Partnership for Station WTKE(FM), IS MODIFIED to specify
> operation on Channel 251C1 at Holt, Florida, in lieu of Anniston,
> Alabama, 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; 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 Section 1.1307 of the
> > Commission\'s Rules.

10\. Pursuant to Commission Rule Section 1.1104(1)(k) and (3)(m) of the
Commission's Rules, any party seeking a change in community of license
of a television or FM 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, Capstar TX Limited
Partnership, licensee of Station WTKE(FM), is required to submit a rule
making fee in addition to the fee required for the applications to
effect the change in community of license at Holt, Florida.

> 11\. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
>
> 12\. For further information concerning the above, contact Nancy
> Joyner, Mass Media Bureau, (202) 418-2180.
>
> FEDERAL COMMUNICATIONS COMMISSION
>
> John A. Karousos
>
> Chief, Allocations Branch
>
> Policy and Rules Division
>
> Mass Media Bureau

[^1]:
    > See [Huntington Broadcasting Co.]{.underline} v.
    > [F.C.C.]{.underline}, 192 F.2d 33 (D.C. Cir. 1951), [RKO General,
    > Inc]{.underline}*.*, 5 FCC Rcd 3222 (1990), and [Faye and Richard
    > Tuck]{.underline}, 3 FCC Rcd 5374 (1988).

[^2]: Petitioner's proposal stated that Holt has a population of 400
    according to the 1999 Rand McNally *Commercial Atlas and Marketing
    Guide*, whereas the 1990 U.S. Census lists Holt by its post office
    name with a population of 1,821 persons.