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 Federal  Communications  Commission  DA  01-  741 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  40 
 Table  of  Allotments,  )  RM-  9824 
 FM  Broadcast  Stations.  ) 
 (Cobleskill  and  Saint  Johnsville,  New  York)  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  March  14,  2001  Released:  March  23,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  At  the  request  of  Regent  Licensee  of  Mansfield,  Inc.  (formerly  Clear  Channel  Broadcasting 
 Licensees,  Inc.)  ("  petitioner),  1  the  Commission  has  before  it  the  Notice  of  Proposed  Rule  Making,  15 
 FCC  Rcd  4983  (2000),  proposing  the  reallotment  of  Channel  278B  from  Cobleskill,  New  York,  to 
 Saint  Johnsville,  New  York,  as  the  communit  y's  first  local  aural  service,  and  t  he  modificat  ion  of  St  at  ion 
 WQBJ's  license  t  o  specify  Saint  Johnsville  as  its  communit  y  of  license.  Comment  s  were  filed  by  the 
 pet  it  ioner  reit  erat  ing  it  s  int  ent  ion  t  o  apply  for  t  he  channel,  if  allot  t  ed.  No  ot  her  comment  s  were 
 received. 


 2.  As  stated  in  the  Notice,  petitioner  seeks  the  modification  of  Station  WQBJ's  license  to 
 specify  a  new  community  of  license  pursuant  to  the  provisions  of  Section  1.420(  i)  of  the  Commission's 
 Rules.  We  find  that  Saint  Johnsville  is  a  community  for  allotment  purposes,  with  a  1990  U.  S.  Census 
 population  of  1,825  people.  It  has  its  own  police  department,  schools,  library,  town  clerk,  youth 
 cent  er,  village  just  ice  cent  er,  housing  aut  horit  y,  ambulance  organizat  ion,  post  office  and  zip  code.  In 
 addition,  it  has  several  local  churches,  restaurants  and  food  stores,  a  bank  and  other  retail 
 establishments. 


 3.  As  the  Notice  stated,  petitioner  does  not  intend  to  relocate  Station  WQBJ's  present 
 transmitter  site.  Therefore,  there  is  no  loss  or  gain  in  the  service  currently  being  provided  by  the 
 station.  In  comparing  the  proposed  allotment  of  Channel  278B  at  St.  Johnsville  versus  its  ret  ent  ion  at 
 Cobleskill,  we  are  guided  by  the  Commission's  allot  ment  priorit  ies.  2  The  first  two  allotment  priorities 
 do  not  apply  in  this  case.  However,  the  allotment  of  Channel  278B  to  St.  Johnsville  will  provide  the 
 community  with  its  first  local  aural  service,  thus  furthering  the  Commission's  third  allotment  priority. 


 1  After  the  initiation  of  the  rule  making,  the  license  of  Station  WQBJ  was  transferred  from  Clear  Channel  to  Regent.  On 
 March  9,  2001,  Regent  filed  comments  stating  its  intention  to  apply  for  Channel  278B  if  allotted  to  Saint  Johnsville. 
 2  The  allotment  priorities  are:  (1)  first  fulltime  aural  service;  (2)  second  fulltime  aural  service;  (3)  first  local  aural  service; 


 and  (4)  other  public  interest  matters.  Priorities  (2)  and  (3)  are  given  co-  equal  weight.  See,  Revision  of  FM  Assignment 
 Policies  and  Procedures,  90  FCC  2d  88  (1982). 
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 Federal  Communications  Commission  DA  01-  741 
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 In  contrast,  the  allotment  of  Channel  278B  at  Cobleskill,  as  that  communit  y's  second  local  aural 
 service,  furthers  only  the  fourth  priority.  Cobleskill  will  continue  to  r  eceive  local  aural  service  from 
 AM  St  at  ion  WXBH.  Furt  her,  St  at  ion  WQBJ,  as  a  Saint  Johnsville  st  at  ion,  will  not  provide  70  dBu 
 service  to  any  Urbanized  Area.  Therefore,  we  believe  the  public  interest  would  be  served  by  reallotting 
 Channel  278B  to  Saint  Johnsville,  as  t  he  communit  y's  first  local  aural  service.  In  accordance  with 
 Section  1.420(  i)  of  the  Commission's  Rules,  we  will  also  modify  Station  WQBJ's  license  to  specify 
 Saint  Johnsville  as  its  community  of  license. 


 4.  Channel  278B  can  be  allotted  to  Saint  Johnsville  in  compliance  wit  h  the  Commission's 
 minimum  dist  ance  separat  ion  requirement  s  wit  h  a  sit  e  rest  rict  ion  of  15.  9  kilomet  ers  (9.  9  miles)  east  ,  t  o 
 accommodate  petitioner's  desired  transmitter  site.  3  Alt  hough  Saint  Johnsville  is  locat  ed  wit  hin  320 
 kilometers  (200  miles)  of  the  U.  S.-  Canadian  border,  prior  approval  of  this  allot  ment  by  the  Canadian 
 Government  was  not  required  since  no  change  in  the  station's  transmitter  site  was  proposed.  However, 
 t  he  Canadian  Government  will  be  not  ified  of  the  change  in  the  st  at  ion's  communit  y  of  license. 


 5.  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  May  7,  2001,  the  FM  Table  of  Allotments, 
 Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED,  wit  h  respect  to  the  communit  ies  list  ed 
 below,  to  read  as  follows: 


 City  Channel  No. 
 Cobleskill,  New  York  -- 
 Saint  Johnsville,  New  York  278B 


 6.  IT  IS  FURTHER  ORDERED,  pursuant  to  Section  316(  a)  of  the  Communications  Act  of 
 1934,  as  amended,  that  the  license  of  Regent  Licensee  of  Mansfield,  Inc.,  for  Station  WQBJ,  Channel 
 278B,  IS  MODIFIED  to  specify  Saint  Johnsville,  New  York,  in  lieu  of  Cobleskill,  New  York,  as  its 
 community  of  license,  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). 


 (b)  Upon  grant  of  the  construction  permit,  program  tests  may  be  conducted  in  accordance  with 
 Section  73.1620. 


 (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. 


 3  The  coordinates  for  Channel  278B  at  Saint  Johnsville  are  42-  58-  21  North  Latitude  and  74-  29-  30  West  Longitude. 
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 7.  Pursuant  to  Commission  Rule  Section  1.1104(  1)(  k)  and  (3)(  m),  any  party  seeking  a  change 
 of  community  of  license  of  an  FM  or  television  allotment  or  an  upgrade  of  an  existing  FM  allotment,  if 
 t  he  request  is  grant  ed,  must  submit  a  rule  making  fee  when  filing  it  s  applicat  ion  t  o  implement  t  he 
 change  in  community  of  license  and/  or  upgrade.  As  a  result  of  this  proceeding,  Regent  Licensee  of 
 Mansfield,  Inc.,  licensee  of  Station  WQBJ,  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  and/  or  upgrade. 


 8.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 9.  For  further  information  concerning  this  proceeding,  contact  Leslie  K.  Shapiro,  Mass  Media 
 Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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