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 Federal  Communications  Commission  DA  02-  2818 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Amendment  of  Section  73.202(  b)  )  FM  Table  of  Allotments,  ) 
 FM  Broadcast  Stations.  )  MM  Docket  No.  01-  224  (Shelbyville  and  LaVergne,  Tennessee)  )  RM-  10101 
 ) 
 REPORT  AND  ORDER  (Proceeding  Terminated) 


 Adopted:  October  16,  2002;  Released:  October  25,  2002 
 By  the  Assistant  Chief,  Audio  Division: 
 1.  The  Audio  Division  has  before  it  the  Notice  of  Proposed  Rule  Making  1  filed  by  WYCQ,  Inc.  (  petitioner),  licensee  of  Station  WBUZ(  FM)  (formerly  WZPC(  FM)),  proposing  the  reallotment  of 
 Channel  275C1  from  Shelbyville  to  LaVergne,  Tennessee,  and  the  modification  of  Station  WBUZ(  FM)  s  license  accordingly.  Petitioner  filed  comments  in  support  of  the  proposal  reaffirming  its  intention  to 
 apply  for  the  channel,  if  realloted  to  LaVergne.  No  other  comments  were  received. 
 2.  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 
 Commissions  Rules.  2  Consistent  with  that  policy,  we  note  that  Station  WBUZ(  FM)  is  a  pre-  1964  grandfathered  station  that  is  short-  spaced  to  Station  WKDF(  FM),  Channel  277C,  Nashville,  Tennessee. 
 However,  since  Station  WBUZ(  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  WBUZ(  FM)  should  be 
 afforded  the  opportunity  to  change  its  community  of  license. 
 3.  The  proposal  was  filed  pursuant  to  Section  1.420(  i)  of  the  Commission's  Rules  which  permits  the  modification  of  a  stations  authorization  to  specify  a  new  community  of  license  without  affording 


 other  interested  parties  an  opportunity  to  file  competing  expressions  of  interest.  3  Although  Station 
 1  Shelbyville  and  LaVergne,  Tennessee,  16  FCC  Rcd  16331(  2001). 


 2  See  Newnan  and  Peachtree  City,  Georgia,  7  FCC  Rcd  6307  (1992);  Oceanside  and  Encinitas,  California;  and 
 Berlin  and  North  Conway,  New  Hampshire,  14  FCC  Rcd  15307  (1999)  ((  pre-  1964  grandfathered  short-  spacing);  Fremont  and  Holton,  Michigan,  14  FCC  Rcd  17108  (1999)  (pre-  1989  grandfathered  short-  spacing);  and  Killeen 


 and  Cedar  Park,  Texas,  13  FCC  Rcd  18790  (1998)  (Section  73.215  short-  spacing). 
 3  See  Modification  of  FM  and  TV  Authorizations  to  Specify  a  New  Community  of  License,  4  FCC  Rcd  4870  (1989), 
 recon.  granted  in  part,  5  FCC  Rcd  7094  (1990). 
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 Federal  Communications  Commission  DA  02-  2818 
 WBUZ(  FM)  does  not  seek  to  changes  its  transmitter,  its  70  dBu  signal  presently  covers  66.5%  of  the  Nashville  Urbanized  Area.  The  issue  of  whether  a  proposed  reallotment  and  change  of  community  of 


 license  would  result  in  the  migration  of  stations  from  rural  to  urban  areas  in  violation  of  Section  307(  b)  of  the  Commissions  Act,  especially  where,  as  here,  no  technical  change  is  proposed,  is  a  matter  that  is  best 
 addressed  by  applying  our  existing  law  and  policy  in  this  area  that  is,  examining  whether  a  suburban  community  is  sufficiently  independent  of  a  urbanized  area  to  warrant  a  first  local  service  preference 
 under  our  well-  established  Huntington-  Tuck  policy  and  comparing  the  existing  and  proposed  arrangement  of  allotments  using  our  FM  priorities  4  .  Applying  those  policies  to  this  particular  case,  we  find  that 
 petitioner  has  demonstrated  that  LaVergne  passes  the  Tuck  test.  5  Specifically,  petitioner  proposes  to  reallot  Channel  275C1  from  Shelbyville  (population  16,105)  6  which  is  not  located  within  an  urbanized 
 area,  to  LaVergne,  which  is  located  within  the  Nashville  Urbanized  Area.  Petitioner  has  demonstrated  that  LaVergne  is  an  incorporated  community  with  a  population  of  18,687  persons.  LaVergne  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.  Consequently, 
 the  reallotment  of  Channel  275C1  from  Shelbyville  to  LaVergne  should  be  considered  as  a  first  local  service  under  priority  (3). 


 4.  By  way  of  comparison,  retaining  Channel  275C1  at  Shelbyville  would  trigger  priority  (4)-  -  other  public  interest  matters.  The  reallotment  would  not  result  in  the  removal  of  Shelbyvilles  sole  local 
 service,  whereas  Stations  WBIA(  FM),  WYKW(  FM)  (noncommercial  educational  stations),  WLIJ(  AM) 
 4  The  FM  allotment  priorities  are:  (1)  First  full-  time  aural  service;  (2)  Second  full-  time  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,  90  FCC  Rcd  29,  88  (1982). 


 5  See  Huntington  Broadcasting  co.  v.  FCC,  192  F.  2d  33  (D.  C.  Cir.  1951)  RKO  General  ,  Inc.  (KFRC)  ("  KFRC"),  5 
 FCC  Rcd  3222  (1990),  and  Faye  and  Richard  Tuck  ("  Tuck"),  3  FCC  Rcd  5374  (1988).  KFRC  and  Tuck  clarified  the  type  of  evidence  considered  in  determining  whether  a  suburban  community  should  be  denied  a  first  local  service 


 preference.  First,  the  Commission  examines  "signal  population  coverage,"  that  is,  the  degree  to  which  the  proposed  station  could  provide  service  not  only  to  the  suburban  community,  but  also  to  the  adjacent  metropolis.  Second,  the 
 Commission  examines  the  size  and  proximity  of  the  suburban  community  relative  to  the  adjacent  city,  and  whether  the  suburban  community  is  within  the  urbanized  area  of  the  city.  Third,  the  Commission  determines  the 
 interdependence  of  the  suburban  community  with  the  central  city.  This  third  type  of  evidence  involves  the  following  eight  additional  factors:  (1)  the  extent  to  which  community  residents  work  in  the  larger  metropolitan  area, 
 rather  than  the  specified  community;  (2)  whether  the  smaller  community  has  its  own  newspaper  or  other  media  that  covers  the  community's  local  needs  and  interests;  (3)  whether  the  community's  leaders  and  residents  perceive  the 
 specified  community  as  being  an  integral  part  of,  or  separate  from,  the  larger  metropolitan  area;  (4)  whether  the  specified  community  has  its  own  local  government  and  elected  officials;  (5)  telephone  company  or  zip  code;  (6) 
 whether  the  community  has  its  own  commercial  establishments,  health  facilities,  and  transportation  systems;  (7)  the  extent  to  which  the  specified  community  and  the  central  city  are  part  of  the  same  advertising  market;  and  (8)  the 
 municipal  services  such  as  police,  fire  protection,  schools,  libraries.  Tuck,  3  FCC  Rcd  at  5378. 
 6  All  population  figures  are  taken  from  the  2000  U.  S.  Census. 
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 Federal  Communications  Commission  DA  02-  2818 
 and  WZNG(  AM)  would  remain  licensed  to  the  community.  7  We  note  that  both  Shelbyville  and  LaVergne  have  five  or  more  reception  services  and  are  considered  to  be  well-  served.  Moreover,  Station 


 WBUZ(  FM)  will  continue  to  provide  city  grade  coverage  to  100%  of  Shelbyville.  It  is  well-  established  under  Commission  precedent  that  a  first  local  service  to  a  community  under  priority  (3)  is  to  be  favored 
 over  a  fourth  local  service  to  a  community.  Consequently,  we  will  grant  petitioners  proposal  because  it  will  result  in  a  preferential  arrangement  of  allotments. 


 5.  Based  upon  the  information  before  us,  we  believe  the  public  interest  would  be  served  by  reallotting  Channel  275C1  from  Shelbyville  to  LaVergne,  Tennessee,  since  it  would  provide  the  community 
 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  LaVergne  in  compliance  with  the 
 Commissions  minimum  distance  separation  requirements  at  petitioners  presently  authorized  site.  8  In  accordance  with  Section  l.  420(  i)  of  the  Commissions  Rules,  we  will  modify  petitioners  license  to  specify 
 operation  on  Channel  275C1  at  LaVergne,  Tennessee,  as  its  new  community  of  license. 
 6.  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 
 Commissions  Rules,  IT  IS  ORDERED,  That  effective  December  9,  2002,  the  FM  Table  of  Allotments,  Section  73.202(  b)  of  the  Commissions  Rules,  IS  AMENDED  for  the  communities  listed  below  to  read  as 
 follows:: 
 City  Channel  No. 
 Shelbyville,  Tennessee  ---- 
 LaVergne,  Tennessee  275C1 
 7.  IT  IS  FURTHER  ORDERED,  pursuant  to  Section  316(  a)  of  the  Communications  Act  of  1934,  as  amended,  that  the  license  of  WYCQ,  Inc,  Shelbyville,  Tennessee,  IS  MODIFIED  to  specify  operation 
 on  Channel  275C1  at  LaVergne,  Tennessee,  subject  to  the  following  conditions: 
 (a)  Nothing  contained  herein  shall  be  construed  as  authorizing  any  change  in  Station  WBUZ(  FM)  s  license,  BLH-  19990927ABI,  except  the  channel  as  specified  above.  Any  other  changes,  except  for  those  so 
 specified  under  Section  73.1690  of  the  Rules,  require  prior  authorization  pursuant  to  an  application  for  construction  permit  (FCC  Form  301). 


 (b)  Program  tests  may  be  conducted  in  accordance  with  the  provisions  of  Section  73.1620  of  the  Rules,  PROVIDED  the  transmission  facilities  comply  in  all  respects  with  license  BLH-  19990927ABI  ,except 
 for  the  channel  as  specified  above  and  a  license  application  (FCC  Form  302)  is  filed  within  10  days  of 
 7  On  June  23,  1999,  American  Family  Association  was  granted  a  construction  permit  (File  No.  BPED-19990623MB) 
 for  Channel  217A  (a  non-  commercial  educational  station)  at  Shelbyville. 
 8  The  coordinates  for  Channel  275C1  at  LaVergne  are  35-  48-  01  North  Latitude  and  86-  37-  17  West  Longitude. 
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 Federal  Communications  Commission  DA  02-  2818 
 commencement  of  program  tests. 


 8.  Pursuant  to  Commission  Rule  Section  1.1104(  1)(  k)  and  (2)(  k),  any  party  seeking  a  change  of  community  of  license  of  an  FM  or  television  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,  WYCQ,  Inc.,  licensee  of  Station 
 WBUZ(  FM),  is  required  to  submit  a  rule  making  fee  in  addition  to  the  fee  required  for  the  application  to  effect  the  change  in  community  of  license. 


 9.  IT  IS  FURTHER  ORDERED,  That  the  Secretary  shall  send  a  copy  of  this  Report  and  Order  by  Certified  Mail,  Return  Receipt  Requested,  to  the  following: 
 WYCQ,  Inc.  P.  O.  Box  150846 
 Nashville,  Tennessee  37215  (Licensee  of  Station  WBUZ(  FM)) 


 10.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 11.  For  further  information  concerning  this  proceeding,  contact  Sharon  P.  McDonald,  Media  Bureau,  (202)  418-  2180. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos  Assistant  Chief,  Audio  Division 
 Media  Bureau 
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