Federal Communications Commission                       DA 07-2650
 Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Amendment of Section 73.202(b), ) MB Docket No. 05-282
Table of Allotments, ) RM-11229
FM Broadcast Stations. ) RM-11333
(Rockmart, Aragon, and Ringgold, Georgia; ) RM-11337
Anderson, South Carolina; and Chattanooga, )
Decatur, Harrison, Lynchburg, Spring City, and )
Wartrace, Tennessee) )
REPORT AND ORDER
(Proceeding Terminated)
Adopted: June 13, 2007       Released: June 15, 2007
By the Assistant Chief, Audio Division, Media Bureau:
1.  The Audio Division has before it a Notice of Proposed Rule Making1 issued in response to a 
Petition for Rule Making filed by Womans World Broadcasting, Inc. (WWB), licensee of Station 
WTSH-FM, Channel 296C2, Rockmart, Georgia. Pursuant to Section 1.420(i) of the Commissions rules.2
WWB proposes to upgrade the facilities of WTSH-FM to Channel 296C1, to change the stations 
community of license from Rockmart to Aragon, Georgia, and to modify the license of WTSH-FM to 
operate on Channel 296C1 at Aragon.  The proposed allotment of Channel 296C1 at Aragon, which would 
provide a first local service to Aragon, is mutually exclusive with the current allotment of Channel 296C2 at 
Rockmart.  In order to accommodate the proposed allotment, WWB requests the substitution of Channel 
230A for vacant Channel 296A at Lynchburg, Tennessee.3 If its petition is granted, WWB states that it will 
file an application for Channel 296C1 at Aragon, and will construct the facilities if its application is granted.
  
1 Rockmart and Aragon, Georgia, and Lynchburg and Chattanooga, Tennessee, Notice of Proposed Rule Making, 
20 FCC Rcd 16,259 (MB 2005) (Notice).
2 47 C.F.R.  1.420(g) and (i).
3 In its petition, WWB also requested the reclassification of Station WSKZ(FM), Chattanooga, Tennessee, to Class 
C0.  We issued an order requiring Citadel Broadcasting Company (Citadel) to show cause why its authorization 
should not be modified to specify operation on Channel 293C0 in lieu of Channel 293C.  See Reclassification of 
License of Station WSKZ(FM), Chattanooga, Tennessee, Order to Show Cause, 20 FCC Rcd 7601 (MB 2005).  
Citadel did not submit a response.  For that reason, we shall order the modification of the authorization of Station 
WSKZ(FM) to specify operation on Channel 293C0, Chattanooga, Tennessee.
Federal Communications Commission DA 07-2650
2
2.  Background. WWB filed comments supporting the changes proposed in the Notice. In 
addition, two counterproposals were filed.  In the first counterproposal, Bart Walker (Walker) proposes
the allotment of Channel 230A at Wartrace, Tennessee.  In the second counterproposal, J.L. Brewer 
Broadcasting of Cleveland, LLC, licensee of Station WAYA(FM), Channel 230C3, Spring City, Tennessee, 
and J.L. Brewer Broadcasting, LLC, licensee of Station WMPZ(FM), Channel 229A, Ringgold, Georgia
(together, Brewer) propose changes of community for both of those stations.  Brewer proposes to change 
the community of Station WAYA(FM), Channel 230C3, from Spring City, to Decatur, Tennessee, and to 
modify the license for Station WAYA(FM) accordingly.  Channel 230C3 would provide a first local service 
at Decatur.  Brewer also proposes to change the community of Station WMPZ(FM), Chanel 229A, from
Ringgold, Georgia, to Harrison, Tennessee, to substitute Channel 228A for Channel 229A, and to modify 
the license for Station WMPZ(FM) accordingly.  Channel 228A would provide a first local service at 
Harrison.  In order to accommodate the allotment of Channel 228A at Harrison, Brewer proposes a channel 
substitution for Station WLJA-FM, Ellijay, Georgia, from Channel 228A to Channel 266A.  Finally, in 
order to accommodate the substitution of Channel 266A for Channel 228A at Ellijay, Georgia, Brewer 
proposes a consensual downgrade for Station WROQ(FM), Anderson, South Carolina, from Channel 266C0 
to Channel 266C1.
3.  Walker submitted reply comments, reiterating his interest in the allotment of Channel 230A at 
Wartrace, Tennessee.  Walker argues that the proposed allotment of Channel 296C1 at Aragon would not 
provide line-of-sight service to the community of Aragon.  With respect to Brewers counterproposal, 
Walker states that reallotment of Channel 230C3 from Spring City to Decatur, Tennessee, would cause 
Spring City to lose its only local nighttime radio service.  Finally, Walker criticizes Brewers proposal 
because it would result in a predicted loss of 16,257 persons within the current service area of Station 
WMPZ(FM), Channel 229A, Ringgold, Georgia.
4.  WWB and Brewer submitted joint reply comments and a settlement agreement.  In their 
comments, they state that a slight change in the reference coordinates for the re-allotment of Channel 230C3 
at Decatur, Tennessee, would remove the conflict between WWBs petition for rule making and Brewers 
counterproposal.  Pursuant to this settlement agreement, Brewer agrees to amend its proposed reference 
coordinates for Chanel 230C3 at Decatur, Tennessee,4 and WWB agrees to pay Brewer an amount not to 
exceed its legitimate and prudent expenses incurred in conjunction with the specification of the revised 
Decatur reference coordinates.
5.  Tri-State Communications, Inc. (Tri-State), the licensee of Station WLJA-FM, Channel 228A, 
Ellijay, Georgia, also submitted reply comments.  Tri-State objects to Brewers proposal to change the 
channel for Station WLJA-FM.  In opposition to Brewers counterproposal, Tri-State argues that Station 
WMPZ(FM) will be unable to provide line-of-sight coverage to the entire community of Harrison, 
Tennessee, from the reference coordinates specified by Brewer.  Tri-State also argues that Harrison, a
census designated place, is not independent of Chattanooga. 
  
4 The amended reference coordinates proposed by WWB and Brewer for the allotment of Channel 230C3 at Decatur, 
Tennessee, are:  35-27-30 NL and 84-42-18 WL.
Federal Communications Commission DA 07-2650
3
6.  We gave public notice of both the Walker and the Brewer counterproposals.5  Walker filed 
comments in response to the public notice of his counterproposal, reiterating his interest in the proposed 
allotment of Channel 230A at Wartrace, Tennessee.  We also issued, in response to Brewers 
counterproposal, an Order to Show Cause (Show Cause Order) to Tri-State Communications, Inc. (Tri-
State), licensee of Station WLJA-FM, Channel 228A, Ellijay, Georgia.6 In that order, we directed Tri-
State to show cause why Station WLJA should not be required to change to Channel 266A at its current 
site.  Tri-State filed comments in response to the public notice of Brewers counterproposal and an 
opposition to our Show Cause Order.  In both filings, Tri-State reiterated its earlier-stated objections to 
Brewers counterproposal.7
7.  Discussion.  In determining whether to approve a change of community, we compare the 
existing versus the proposed arrangement of allotments using the FM allotment priorities set forth in 
Revision of FM Assignment Policies and Procedures.8  With respect to WWBs proposal, retention of 
Channel 296C2 at Rockmart would satisfy only the fourth allotment priority, other public interest matters, 
whereas the proposed reallotment at Aragon would satisfy the third allotment priority, first local 
service.9  
8.  Neither Rockmart nor Aragon is located within an urbanized area, but both the existing and 
proposed allotment would provide 100 percent 70 dBu signal coverage to the Rome, Georgia, Urbanized 
Area.  In addition, the proposed allotment would cover 73.7 percent of the Dalton, Georgia, Urbanized 
Area, and would increase coverage of the Atlanta, Georgia, Urbanized Area.10 Under the circumstances, 
  
5 Public Notice, Report No. 2773 (June 16, 2006), and Public Notice, Report No. 2781 (July 20, 2006), respectively.
6 Rockmart, Aragon, and Ellijay, Georgia, Lynchburg, Chattanooga, Decatur, Harrison, and Wartrace, Tennessee, 
and Anderson, South Carolina, Order to Show Cause, 21 FCC Rcd 8633 (MB 2006). 
7 We will not grant Brewers motion to strike Tri-States comments. While Tri-States repetition of identical
arguments in multiple pleadings is not a practice that we wish to encourage, each such pleading was timely and 
relevant to issues raised in this proceeding.   As to WWBs Supplement to Reply Comments and Brewers 
Response to Reply Comments, we will not accept these untimely and unauthorized submissions.  47 C.F.R.  
1.415(d).  See Cherry Valley and Cotton Plant, Arkansas, Report and Order, 14 FCC Rcd 13543, 13544, n.6 (MMB 
1999) (late-filed reply comments not considered); Berlin, DeForest, Markesan, and Wautoma, Wisconsin, Report 
and Order, 10 FCC Rcd 7733, n.3 (MMB 1995) (late-filed reply comments were unauthorized and not accepted).
8 Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982), recon. 
denied, 56 RR 2d 448 (1983).  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 is given to priorities (2) 
and (3).
9 If WWBs proposed reallotment is adopted, Rockmart will continue to be served by Station WZOT(AM), 
Rockmart, Georgia, and Channel 296C1 would provide a first local service at Aragon, Georgia.
10 Station WTSH-FM currently provides service to 0.5 percent of the Atlanta, Georgia, Urbanized Area.  That 
coverage would increase to 5.6 percent, if WWBs proposal is adopted.
Federal Communications Commission DA 07-2650
4
we requested that WWB provide a Tuck analysis.11  WWB has supplied a Tuck analysis demonstrating that 
Aragon meets at least five of the eight Tuck factors.12  We therefore find that Aragon is a separate and 
distinct community, and that it is deserving of its own local transmission service, giving the proposed 
reallotment of Channel 296C1 preference over the current allotment of Channel 296C2 at Rockmart.
9.  As a result of reference coordinate changes pursuant to the WWB-Brewer settlement agreement, 
Brewers counterproposal is no longer mutually exclusive with WWBs proposal nor with Walkers 
counterproposal.  We therefore proceed to address the only remaining conflict by comparing the WWB and 
Walker proposals.13 WWBs proposal would provide a first local service to Aragon, Georgia, an 
incorporated city of 1,039 persons, and Walkers proposal would provide a first local service to Wartrace, 
Tennessee, a town of 548 persons.  Both Aragon and Wartrace currently are well-served with five or more 
reception services.  Under these circumstances, a new FM service at Aragon, the larger community, should 
be preferred over a new FM service at Wartrace.14 Moreover, the total gain in population served will be 
861,694 persons for the WWB proposal, versus 94,271 for Walkers counterproposal. We therefore find 
that the public interest would be served by adoption of the allotment changes proposed by WWB, including 
the upgrade to Channel 296C1 and reallotment from Rockmart to Aragon, the substitution of Channel 230A 
for vacant Channel 296A at Lynchburg, Tennessee, and the consensual downgrade of Station WROQ(FM), 
Chattanooga, Tennessee, from Channel 293C to Channel 293C0.  
10.  Although the WWB-Brewer settlement agreement removed the mutual exclusivity between 
their two proposals, we still must compare the existing versus the proposed arrangement of allotments in 
evaluating the changes proposed by Brewer. Brewer seeks a change of community for Station WAYA(FM), 
Channel 230C3, Spring City, Tennessee, proposing reallotment of Channel 230C3 at Decatur, Tennessee, as 
that communitys first local service.  Under the Commissions allotment priorities, the proposed reallotment 
of Channel 230C3 should be preferred over retention of Channel 230C3 at Spring City, which would 
continue to receive local service from Station WXQK(AM), Spring City, Tennessee.  Because Decatur is 
not located within an urban area and Station WAYA(FM) would not provide signal coverage to more than 
  
11 Faye and Richard Tuck, Memorandum Opinion and Order, 3 FCC Rcd 5374 (1988) (Tuck).
12 In its comments, WWB supplies evidence demonstrating that Aragon has its own post office and zip code (30104); 
its own local government and elected officials; and  numerous commercial establishments (including health care 
facilities).  Moreover, WWB establishes that Aragon residents are unlikely to work in Dalton, which is more than 50 
miles distant from Aragon, and that the residents of Aragon perceive Aragon as being a separate and independent 
community. See  Tuck, supra (setting forth eight factors for evaluation).  See also Memphis and Arlington, 
Tennessee, and St. Florian, Alabama, Report and Order, 21 FCC Rcd 1144 (MB 2006) (Tuck analysis not required, 
where stations signal alrea dy covered 100 percent of urbanized area, and new community was not located within 
urbanized area).
13 The Walker and Brewer counterproposals are not mutually exclusive.
14 Revision of FM Assignment Policies and Procedures,cited supra; Blanchard, Louisiana, and Stephens, Arkansas, 
Memorandum Opinion and Order, 10 FCC Rcd 9828 (1995); and Rose Hill, Trenton, Aurora and Ocracoke, North 
Carolina, Report and Order, 11 FCC Rcd 21,223 (MMB 1996), affd, Memorandum Opinion and Order, 15 FCC Rcd 
10,739 (MMB 2000), rev. denied, Memorandum Opinion and Order, 16 FCC Rcd 15610 (2001).
Federal Communications Commission DA 07-2650
5
50 percent of any urbanized area, this proposed change of community does not require a Tuck analysis.
11.  In order to accommodate the allotment of Channel 230C3 at Decatur, Brewer proposes a 
change of community for its Station WMPZ(FM), Channel 229A, Ringgold, Georgia.  Brewer proposes 
than Station WMPZ(FM) be relocated to Harrison, Tennessee, substituting Channel 228A for Channel 
229A at Harrison as that communitys first local service.  Because both Ringgold and Harrison are located 
in the Chattanooga, Tennessee, Urbanized Area, concern about the migration of radio stations from rural to 
suburban and urban areas is lessened.15 Nonetheless, Brewer supplies a Tuck analysis demonstrating that 
Harrison meets at least seven of the eight Tuck factors.16  We therefore find that Harrison is a separate and 
distinct community, and, under the Commissions allotment priorities, the proposed allotment of Channel 
228A at Harrison should be preferred over retention of Channel 229A at Ringgold, which would continue to 
receive local service from Station WTUN(FM), Ringgold, Georgia.  
12.  Brewers counterproposal will result in first local services to both Decatur and Harrison, 
Tennessee, providing benefits that outweigh the retention of a second competitive and first nighttime service 
at Spring City, Tennessee, and a second local FM service at Ringgold, Georgia.17  Moreover, despite 
Walkers focus upon the predicted loss of 16,257 persons due to the removal of Channel 229A at Ringold, 
Brewers counterproposal, as a whole, will produce a net gain of 12,254 persons.  In addition, all of the loss 
areas created by adoption of Brewers proposal will continue to be well-served with five or more reception 
services.  We therefore find that the public interest will be served by granting Brewers counterproposal.  
13.  For all of the foregoing reasons, we find that it would serve the public interest to grant both 
WWBs proposal and Brewers counterproposal. Based on our engineering analysis, we find that WWBs 
proposed site for Channel 296C1 at Aragon, Georgia,18 would provide the required city-grade 70 dBu 
contour coverage to the entire community of Aragon.  Our engineering analysis further finds that Brewers 
  
15 Ardmore, Brilliant, Brookwood, Gadsden, Hoover, Moundville, New Hope, Pleasant Grove, Russellville, 
Scottsboro, Troy, Tuscaloosa, and Winfield Alabama, Okolona and Vardaman, Mississippi, and Liden, 
McMinnville, Pulaski, and Walden, Tennessee, Report and Order, 17 FCC Rcd 16,332 (MB 2002), pet. for recon. 
denied, Memorandum Opinion and Order, 18 FCC Rcd 6390 (MB 2003).
16 Brewer demonstrates that Harrison has its own post office and zip code (37341); its own local government and 
elected officials; schools, fire department, and other municipal services; numerous commercial establishments 
(including health care facilities).  In addition, WWB establishes that Harrison is a separate and distinct advertising 
and media market from Chattanooga; relies upon radio and print media not licensed to or located in Chattanooga; 
and that the residents of Harrison perceive Harrison as being a separate and independent community.  
17 With respect to Station WXQK(AM), Spring City, Tennessee, the Commission considers both daytime and 
fulltime AM stations to be local aural transmission services.  See Morganfield and Corydon, Kentucky, Report and 
Order, citing Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 
4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990).
18 Channel 296C1 can be allotted at Aragon, Georgia, at the following reference coordinates:  34-22-02 NL and 84-
58-33 WL,at a site 36.4 Ian (22.6 miles) north of Aragon.
Federal Communications Commission DA 07-2650
6
proposed sites for Channel 230C3 at Decatur, Tennessee,19 and Channel 228A at Harrison, Tennessee,20
would provide the required city-grade70 dBu contour coverage to the entire communities of Decatur and 
Harrison, Tennessee, respectively.
14.  The Commission will send a copy of this Report and Order in a report to be sent to Congress 
and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(a)(A).
15.  Accordingly, pursuant to the authority found in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and 
(r) and 307(b), and 47 C.F.R. Sections 0.61, 0.204(b), 0.283, and 1.420(i), IT IS ORDERED, That 
effective July 30, 2007, the Media Bureaus Consolidated Data Base System will reflect for the following 
stations and allotments in Georgia, Tennessee, and South Carolina:  (1) Channel 296C1 at Aragon, 
Georgia, as the reserved assignment for Station WTSH-FM, in lieu of Channel 296C2 at Rockmart, 
Georgia; (2) Channel 230A as the vacant allotment at Lynchburg, Tennessee, in lieu of Channel 296A; 
(3) Channel 230C3 at Decatur, Tennessee, as the reserved assignment for Station WAYA(FM), in lieu of 
Channel 230C3 at Spring City, Tennessee; (4) Channel 228A at Harrison, Tennessee, as the reserved 
assignment for Station WMPZ(FM), in lieu of Channel 229A at Ringgold, Georgia; (5) Channel 266A at 
Ellijay, Georgia, as the reserved assignment for Station WLJA-FM, in lieu of Channel 228A; (6) Channel 
293C0 at Chattanooga, Tennessee, as the reserved assignment for Station WSKZ(FM), in lieu of Channel 
293C; and (7) Channel 266C1 at Anderson, South Carolina, as the reserved assignment for Station 
WROQ(FM), in lieu of Channel 266C0.
16.  IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of 
Womans World Broadcasting, Inc., for Station WTSH-FM, Channel 296C2, Rockmart, Georgia, IS 
MODIFIED to specify operation on Channel 296C1 at Aragon, Georgia, 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), specifying the new facility;
(b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 
C.F.R. 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 47 C.F.R. Section 1.1307, unless the 
proposed facilities are categorically excluded from environmental processing.
17.  Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), Womans World Broadcasting, Inc., 
licensee of Station WTSH-FM, is required to submit a rule making fee in addition to the fee required for 
the applications to effectuate the changes specified above.
  
19 Channel 230C3 can be allotted at Decatur, Tennessee at the following reference coordinates, as revised pursuant to 
the WWB-Brewer settlement agreement:  35-27-30 NL and 84-42-18 WL.
20 Channel 228A can be allotted at Harrison, Tennessee at the following reference coordinates:  35-07-06 NL and 85-
14-29 WL.
Federal Communications Commission DA 07-2650
7
18.  IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of J.L. 
Brewer Broadcasting of Cleveland, LLC, for Station WAYA(FM), Channel 230C, Spring City, Tennessee, 
IS MODIFIED to specify operation on Channel 230C at Decatur, Tennessee, 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), specifying the new facility;
(b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 
C.F.R. 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 47 C.F.R. Section 1.1307, unless the 
proposed facilities are categorically excluded from environmental processing.
19.  Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), J.L. Brewer Broadcasting of 
Cleveland, LLC, licensee of Station WAYA(FM), is required to submit a rule making fee in addition to the 
fee required for the applications to effectuate the changes specified above.
20.  IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of J.L. 
Brewer Broadcasting, LLC, for Station WMPZ(FM), Channel 229A, Ringgold, Georgia, IS MODIFIED to 
specify operation on Channel 228A at Harrison, Tennessee, 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), specifying the new facility;
(b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 
C.F.R. 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 47 C.F.R. Section 1.1307, unless the 
proposed facilities are categorically excluded from environmental processing.
21.  Pursuant to 47 C.F.R. Sections 1.1104(1)(k) and (2)(k), J.L. Brewer Broadcasting, LLC, 
licensee of Station WMPZ(FM), is required to submit a rule making fee in addition to the fee required for 
the applications to effectuate the changes specified above.
22.  IT IS FURTHER ORDERED, That pursuant to 47 U.S.C. Section 316(a), the license of Tri-
State Communications, Inc., for Station WLJA-FM, Channel 228A, Ellijay, Georgia, IS MODIFIED to 
specify operation on Channel 266A, 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), specifying the new facility;
Federal Communications Commission DA 07-2650
8
(b) Upon grant of the construction permit, program tests may be conducted in accordance with 47 
C.F.R. 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 47 C.F.R. Section 1.1307, unless the 
proposed facilities are categorically excluded from environmental processing.
23.  IT IS FURTHER ORDERED, That the Secretary of the Commission shall send by Certified 
Mail Return Receipt Requested, a copy of this Order to the following:
Lauren A. Colby, Esq.
Law Offices of Lauren A. Colby
Post Office Box 113
Frederick, Maryland  21705-0113
(Counsel for Womens World Broadcasting, Inc.)
Richard F. Swift, Esq.
Irwin, Campbell & Tannenwald, P.C.
1730 Rhode Island Avenue, N.W.
Suite 200
Washington, D.C.  20036
(Counsel for Bart Walker)
Mark A. Lipp, Esq.
Wiley Rein and Fielding LLP
1776 K Street, N.W.
Washington, D.C.  20006
(Counsel for J. L. Brewer Broadcasting, LLP, and 
J. L. Brewer Broadcasting of Cleveland, LLP)
Dennis J. Kelly, Esq.
Law Offices of Dennis J. Kelly
Post Office Box 41177
Washington, D.C.  20018
(Counsel for Tri-State Communications, Inc.)
24.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
Federal Communications Commission DA 07-2650
9
25.  For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, 
(202) 418-7072.  
FEDERAL COMMUNICATIONS COMMISSION
John A. Karousos
Assistant Chief
Audio Division
Media Bureau