**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Amendment of Section 73.202(b), )

Table of Allotments, )

FM Broadcast Stations. )

(Shelbyville and LaVergne, Tennessee) ) MM Docket No. 01-224 ) RM-10101

**[NOTICE OF PROPOSED RULE MAKING]{.underline}**

**Adopted: August 29, 2001 ; Released: September 7, 2001**

**Comment Date: October 29, 2001**

**Reply Comment Date: November 13, 2001**

# By the Chief, Allocations, Branch

1\. The Allocations Branch has before it a petition for rule making
petition filed by WYCQ, Inc. ("petitioner"), licensee of Station
WZPC(FM), Shelbyville, Tennessee, proposing the reallotment of Channel
275C1 from Shelbyville to LaVergne, Tennessee, and the modification of
Station WZPC(FM)'s license accordingly. Petitioner states its intention
to apply for the channell, if reallotted to La Vergne.

2\. The proposal was filed pursuant to 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. [See]{.underline} [Modification of FM and TV Authorizations to
Specify a New Community of License]{.underline}, 4 FCC Rcd 4870 (1989),
[recon. granted in part]{.underline}, 5 FCC Rcd 7094 (1990). In support
of its proposal, petitioner states that La Vergne is an incorporated
city with a population of 18,687 persons.[^1] La Vergne is
self-governing with its own Mayor, Vice Mayor, Aldermen, City
Administrator, Police Department, Fire Department, Public Works
Department, City Recorder, Tax Collector, Library Director, Finance
Department, and Department of Planning and Codes. There are also three
elementary schools, one middle school, one senior high school, numerous
churches, organizations, and businesses. Since the 70 dBu signal of
WZPC(FM) at La Vergne, Tennessee encompasses

66.5% of the Nashville Urbanized Area, petitioner has provided the
required [Tuck]{.underline} analysis. [^2] Petitioner proposes no change
in the transmitter site for the reallotment of Channel 275C1 to La
Vergne, therefore, no gain and loss area study is required. Petitioner
asserts that the reallotment would result in a preferential arrangement
of allotments pursuant to [Revision of FM Assignment Policies and
Procedures]{.underline}, 90 FCC 2d 88 (1982).[^3] Petitioner states that
the reallotment would provide La Vergne with its first local aural
transmission service without depriving Shelbyville (population 16,105)
of its sole local service, whereas Stations WBIA(NCE-FM), WLIJ(AM) and
WZNG(AM) would remain licensed to the community.

3\. The Commission now allows a station to change its community of
license despite the presence of pre-1964 and pre-1989 "grandfathered"
short-spacings and those permitted under Section 73.215 of the
Commission's Rules. [See]{.underline} [Newnan and Peachtree City,
Georgia,]{.underline} 7 FCC Rcd 6307 (1992) (pre-1964 "grandfathered"
short-spacing); [Oceanside and Encinitas, California]{.underline}
(pre-1989 "grandfathered" short-spacing); and [Killeen and Cedar Park,
Texas]{.underline}, 13 FCC Rcd 18790 (1998) (Section 73.215
short-spacing). Consistent with that policy, we note that Station
WZPC(FM) a pre-1964 "grandfathered" station that is short-spaced to
Station WKDF(FM), Channel 277C, Nashville, Tennessee. However, since
Station WZPC(FM) does not seek to change its transmitter site, no new
short-spacing would be created, and no existing short-spacing would be
exacerbated, Station WZPC(FM) should be afforded the opportunity to
change its community of license.

4\. We believe that soliciting comments on the proposal warrants
consideration, since the reallotment could provide La Vergne, Tennessee
with its first local aural transmission service, without depriving
Shelbyville of its sole local service. An engineering analysis has
determined that Channel 275C1 can be reallotted to La Vergne in
compliance with the Commission's minimum distance separation
requirements without the imposition of a site restriction at
petitioner's presently licensed site.[^4] As requested, we propose to
modify Station WZPC(FM) license to specify Channel 275C1 at La Vergne as
its new community of license. In accordance with the provisions of
Section 1.420(i) of the Commission\'s Rules, we shall not accept
competing expressions of interest in the use of Channel 275C1 at La
Vergne, Tennessee.

5\. Accordingly, we seek comments on the proposed amendment of the FM
Table of Allotments, Section 73.202(b) of the Commission\'s Rules, for
the communities listed below, to read as follows:

[City]{.underline} [Channel No.]{.underline}

[Present]{.underline} [Proposed]{.underline}

Shelbyville, Tennessee 275C1 \-\--

La Vergne, Tennessee \-\-- 275C1

6\. The Commission\'s authority to institute rule making proceedings,
showings required, cut-off procedures, and filing requirements are
contained in the attached Appendix and are incorporated by reference
herein. In particular, we note that a showing of continuing interest is
required by paragraph 2 of the Appendix before a channel will be
allotted.

7\. Interested parties may file comments on or before October 29, 2001,
and reply comments on or before November 13, 2001, and are advised to
read the Appendix for the proper procedures. Comments should be filed
with the Secretary, Federal Communications Commission, Washington, D.C.
20554. Additionally, a copy of such comments should be served on the
petitioners, or their counsel or consultants, as follows:

Patricia M. Chuh

Pepper & Corazzini, L.L.P.

1776 K Street, N.W., Suite 200

Washington, D.C. 20006

.

8\. The Commission has determined that the relevant provisions of the
Regulatory Flexibility Act of 1980 do not apply to rule making
proceedings to amend the FM Table of Allotments, Section 73.202(b) of
the Commission\'s Rules. [See]{.underline} [Certification That Sections
603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule
Making to Amend Sections 73.202(b), 73.504]{.underline} [and 73.606(b)
of the Commission\'s Rules]{.underline}, 46 FR 11549, February 9, 1981.

9\. IT IS ORDERED, That the Secretary Shall Send, by Certified Mail,
Return Receipt

Requested, a copy of this [Notice of Proposed Rule Making]{.underline}
to the following:

WYCQ, Inc.

P. O. Box 150846

Nashville, Tennessee 37215

(Licensee of Station WZPC(FM))

10\. For further information concerning this proceeding, contact Sharon
P. McDonald, Mass Media Bureau, (202) 418-2180. For purposes of this
restricted notice and comment rule making

proceeding, members of the public are advised that no [ex
parte]{.underline} presentations are permitted from the time the
Commission adopts a Notice of Proposed Rule Making until the proceeding
has been decided and such decision is no longer subject to
reconsideration by the Commission or review by any court. An
presentation is not prohibited if specifically requested by the
Commission or staff for the clarification or adduction of evidence or
resolution of issues in the proceeding. However, any new written
information elicited from such a request or a summary of any new oral
information shall be served by the person making the presentation upon
the other parties to the proceeding unless the Commission specifically
waives this service requirement. Any comment which has not been served
on the petitioner constitutes an [ex parte]{.underline} presentation and
shall not be considered in the proceeding. Any reply comment which has
not been served on the person(s) who filed the comment, to which the
reply is directed, constitutes an [ex parte]{.underline} presentation
and shall not be considered in the proceeding.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos Chief, Allocations Branch

Policy and Rules Division

Mass Media Bureau

Attachment: Appendix

[APPENDIX]{.underline}

1\. Pursuant to authority found 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
PROPOSED TO AMEND the FM Table of Allotments, Section 73.202(b) of the
Commission\'s Rules and Regulations, as set forth in the [Notice of
Proposed Rule Making]{.underline} to which this Appendix is attached.

2\. [Showings Required]{.underline}. Comments are invited on the
proposal(s) discussed in the [Notice of Proposed Rule
Making]{.underline} to which this Appendix is attached. Proponent(s)
will be expected to answer whatever questions are presented in initial
comments. The proponent of a proposed allotment is also expected to file
comments even if it only resubmits or incorporates by reference its
former pleadings. It should also restate its present intention to apply
for the channel if it is allotted and, if authorized, to build a station
promptly. Failure to file may lead to denial of the request.

3\. [Cut-off protection]{.underline}. The following procedures will
govern the consideration of filings in this proceeding.

\(a\) Counterproposals advanced in this proceeding itself will be
considered, if advanced in initial comments, so that parties may comment
on them in reply comments. They will not be considered if advanced in
reply comments. ([See]{.underline} Section 1.420(d) of the Commission\'s
Rules).

\(b\) With respect to petitions for rule making which conflict with the
proposals in this [Notice]{.underline}, they will be considered as
comments in the proceeding, and Public Notice to this effect will be
given as long as they are filed before the date for filing initial
comments herein. If they are filed later than that, they will not be
considered in connection with the decision in this docket.

\(c\) The filing of a counterproposal may lead the Commission to allot a
different channel than was requested for any of the communities
involved.

4\. [Comments and Reply Comments; Service]{.underline}. Pursuant to
applicable procedures set out in Sections 1.415 and 1.420 of the
Commission\'s Rules and Regulations, interested parties may file
comments and reply comments on or before the dates set forth in the
[Notice of Proposed Rule Making]{.underline} to which this Appendix is
attached. All submissions by parties to this proceeding or by persons
acting on behalf of such parties must be made in written comments, reply
comments, or other appropriate pleadings. Comments shall be served on
the petitioner by the person filing the comments. Reply comments shall
be served on the person(s) who filed comments to which the reply is
directed. Such comments and reply comments shall be accompanied by a
certificate of service. ([See]{.underline} Section 1.420(a), (b) and (c)
of the Commission\'s Rules.) Comments should be filed with the Office of
the Secretary, Federal Communications Commission, 445 12^th^ Street,
S.W., Room TW-A325, Washington, D.C. 20554.

5\. [Number of Copies]{.underline}. In accordance with the provisions of
Section 1.420 of the Commission\'s Rules and Regulations, an original
and four copies of all comments, reply comments, pleadings, briefs, or
other documents shall be furnished the Commission.

6\. [Public Inspection of Filings]{.underline}. All filings made in this
proceeding will be available for examination by interested parties
during regular business hours in the Commission\'s Reference Information
Center (Room CY-A257), at its headquarters, 445 12^th^ Street, S.W.,
Washington, D.C.

[^1]: All population figures are taken from the 2000 U.S. Census.

[^2]: [See]{.underline} [Huntington Broadcasting Co.]{.underline} v.
    [FCC]{.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).

[^3]: The FM 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. \[Co-equal weight
    given to priorities (2) and (3).\]

[^4]: The reference coordinates for Channel 275C1 at La Vergne are
    35-48-01 North Latitude and 86-37-17 West Longitude.