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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554


In the Matter of                                  )
                                                  )
Amendment of Section 73.202(b),         )    MM Docket No. 01-175 
Table of Allotments,                         )    RM-10197
FM Broadcast Stations.                       )
(Old Fort, Fletcher, and Asheville,          )
North Carolina; and Surgoinsville, Tennessee;)
and Augusta, Georgia)                   )                             
                                                                          

                    NOTICE OF PROPOSED RULE MAKING

     Adopted:  July 25, 2001                       ;          Released:  August 3, 2001       

Comment Date:  September 24, 2001   
Reply Comment Date:  October 9, 2001

By the Chief, Allocations Branch:

          1. The Commission has before it a petition for rule making filed jointly by Dolphin
Communications, licensee of Station WQNQ-FM, Old Fort, North Carolina, Clear Channel Broadcasting
Licenses, Inc.  licensee of WBBQ-FM, Augusta, Georgia, and Capstar TX Limited Partnership, licensee
of WKSF(FM) Asheville, North Carolina ("petitioners"), proposing the reallotment of Channel 282A
from Old Fort to Fletcher, North Carolina, and the modification of Station WQNQ-FM's license
accordingly.  To accommodate the reallotment, petitioners also propose (a) the reallotment of Channel 
260C from Asheville to Old Fort, North Carolina, and the modification of Station WKSF(FM)'s license
accordingly; (b) the modification of the transmitter site of Station WEYE-FM, Channel 282A,
Surgoinsville, Tennessee; and (c) the modification of the transmitter site of Station WBBQ-FM, Channel
282C, Augusta, Georgia.  Petitioners state their intention to apply for the respective channels, if 
reallotted.
                         
                           2. The proposal is 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
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).  In support of its proposal, petitioners state that
Fletcher is an incorporated town in located in Henderson County and has a 2000 U.S. Census population
of 4,185 persons. Fletcher has a mayor/town council form of government run by an elected mayor and a
four-member elected town council. It also has a number of town departments, boards, commissions and
committees comprised of town residents, such as Administration Department, Parks and Recreation
Commission, Planning Board and Zoning Board of Adjustment. Fletcher has its own zip code (28732),
and a post office.  There are over 140 businesses located within the town of Fletcher.  A substantial
number of these businesses identify with the community by using "Fletcher" in their name, e.g., Fletcher
A-1 tire, Inc., Fletcher Feeding Services, Inc., Fletcher Motor Company, Inc., Fletcher Plaza Barber
Shop, Fletcher Cleaners, Fletcher Hair Design, Fletcher Lamp Post and Fletcher Insurance.  There are
several health care providers located in Fletcher, e.g., Parkridge and Pardee Hospitals maintain
professional office buildings, and veterinary services may be obtained from Dr. Martin's Veterinary
Hospital. Fletcher has two main parks Fletcher Community Park and Kate's Park.  The town has many
churches and religious organizations, such as Fletcher First Baptist Church, Fletcher First Methodist
Church, Fletcher Russian Orthodox Church, Fletcher United Methodist Church, and Calvary Episcopal
Church.  There are some civic and service organizations in Fletcher, including Kiwanis Club of Fletcher,
the Book Lovers Club, Rotary Club and Boys and Girls Scouts.

     3.  We believe that soliciting comments on the proposal warrants consideration, since it could
provide Fletcher with its first local aural transmission service, without depriving Old Fort of its sole local
service, since Channel 260C is proposed herein as a replacement service. Likewise, the reallotment of
Channel 260C to Old Fort will not deprive Asheville (population 68,889) of its sole local service, whereas
Stations WCQS (NCE-FM), WLFA (NCE-FM), WSKY(AM), WISE(AM), WWNC(AM), and
WKJV(AM) will remain licensed to the community. Since Station WQNQ-FM seeks to relocate its
transmitter site, a gain and loss area study is required and has been provided.  Moreover, since Fletcher is
located within the Asheville North Carolina Urbanized Area and the 70 dBu signal will cover 87% of that
Urbanized Area, petitioners have provided the required Tuck analysis.  Even though Old Fort is located
outside the Asheville Urbanized Area, the reallotment of Channel 260C from Asheville to Old Fort will
continue to place a 70 dBu signal over 100% of the Asheville Urbanized Area.  However, since Station
WKSF(FM) is not relocating its transmitter site, neither a Tuck analysis nor a gain and loss area study is
necessary.  The reallotment of Channel 282A to Fletcher will provide a first local service (priority 3), and
is consistent with the provisions set forth in the Revision of FM Assignment Policies and Procedures, 90
FCC 2d 88, 91 (1982).  However, 

petitioners should demonstrate the overall public interest benefits that would be derived by the reallotments.

     4. We note that the reallotment of Channel 282A to Fletcher, North Carolina and the reallotment of
Channel 260C to Old Fort, North Carolina, require that Station WEYE-FM at Surgoinville, Tennessee and
Station WBBQ-FM at Augusta, Georgia, change their transmitter sites.  Both Stations WEYE-FM and
WBBQ-FM (licensee is a party herein) have consented to change their transmitter sites.  The Commission
allows a station to change its community of license despite the presence of "grandfathered" short-spacings
and those permitted under Section 73.215 of the Commission's Rules. See Newnan and Peachtree City,
Georgia, 7 FCC Rcd 6307 (1992) ("grandfathered" short-spacing); and Killeen and Cedar Park, Texas, 13
FCC Rcd 18790 (1998) (Section 73.215 short-spacing). Consistent with that policy, petitioners advise that
Station WKSF(FM) is a currently short-spaced to Station WNNX(FM) in Atlanta, Georgia and Station
WRFX(FM) in Kannapolis, North Carolina.  However, since Station WKSF(FM) does not seek to change
its transmitter site, the preexisting short-spacings will not be exacerbated the by reallotment of Channel
260C at Old Fort as a replacement service.  Moreover, petitioners state their willingness to reimburse Trent
Broadcasting, L.L.C., licensee of Station WEYE-FM, for expenses incurred in connection with changing
its transmitter site, and have advised that they have entered into a reimbursement agreement with Station
WEYE-FM to do so. 

                                                            Technical Summary

          5.  An engineering analysis has determined that Channel 282A can be reallotted to Fletcher in
compliance with the Commission's minimum distance separation requirements without the imposition of a
site restriction at petitioners' requested site. To accommodate the reallotment, the reference coordinates for
Channel 282A at Surgoinsville can be modified at petitioners' requested site; and the reference coordinates
for Channel 282C at Augusta, Georgia, can be modified at petitioners' requested site.   Additionally,
Channel 260C can be reallotted to Old Fort at Station WKSF(FM)'s  presently  licensed site.   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 282A at
Fletcher, North Carolina, or Channel 260C at Old Fort, North Carolina.       

     6.  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                                     Channel No.
                
                                        Present         Proposed

     Old Fort, North Carolina           282A          260C       
                    
     Fletcher, North Carolina              ---              282A 
     
     Asheville, North Carolina               260C            ---            
     
               
     7.  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.

      8.  Interested parties may file comments on or before  September 24, 2001, and reply comments
on or before  October 9, 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:

                         Mark N Lipp, Esq.             .              
                              J. Thomas Nolin, Esq.
                         Shook, Hardy & Bacon
                         600 14th Street, N.W., Suite 800
                         Washington, D.C.  20005-2004
                         (Counsel for Petitioner)

      9. 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 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 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981.

       10.  IT IS ORDERED, That the Secretary Shall Send, by Certified Mail, Return Receipt
Requested, a copy of this Notice of Proposed Rule Making to the following:

                    Trent Broadcasting, LLC
                    126 Main Street
                    Church Hill, Tennessee   37642
                    (Licensee of Station WEYE-FM)


       11. 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 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 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 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
     
         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 to which this
Appendix is attached.

          2.  Showings Required.  Comments are invited on the proposal(s) discussed in the Notice of
Proposed Rule Making 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.  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 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, 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.  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 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 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 12th  Street, S.W., Room TW-A325, Washington, D.C. 20554.

          5.  Number of Copies.  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.  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 12th Street, S.W., Washington, D.C.