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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.   96-142
Table of Allotments,            )  RM-8829
FM Broadcast Stations.          )  RM-8873
(St. Marks and Woodville,       )
Florida)                        )
                                 

                       REPORT AND ORDER 
                    (Proceeding Terminated)


   Adopted:  August 6, 1997             Released:  August 15, 1997  

 By the Chief, Allocations Branch:
 
 1.  The Commission has before it for consideration the Notice of Proposed Rule Making, 11
 FCC Rcd 7973 (1996), proposing the allotment of Channel 250A to Woodville, Florida, as that
 community's first local FM broadcast service.  The Notice was issued in response to a petition filed
 by George Roberts d/b/a Anchor Communications ("Anchor").  Supporting comments were filed
 by Anchor, Alligator Alley Broadcasting Company, Inc., Woodville Broadcasting and Woodville
 Communications.   St. Marks Broadcasting ("St. Marks") filed a counterproposal (RM-8873).
 
 2.  St. Marks counterproposed the allotment of Channel 250A to St. Marks, Florida. 
 According to St. Marks, the community of St. Marks is an independent, self-contained community
 in a rural area.  In contrast, St. Marks contends that Woodville is not an independent community
 but merely a bedroom community of Tallahassee, Florida.  St. Marks argues that Woodville is
 dependent upon Tallahassee for many of the characteristics associated with community life.  St.
 Marks points out, however, that the community of  St. Marks has a mayor and city council, post
 office and zip code and a fire fighting service.  St. Marks indicates that there are numerous
 businesses associated with the community of St. Marks as well as a church and community center. 
  In addition, St. Marks states that there are 14 radio stations licensed to communities in Leon
 County where Woodville is located and that the allotment of Channel 250A to Woodville would
 provide a fifteenth station in Leon County.  St. Marks requests that the Commission deny Anchor's
 proposal for Woodville and instead grant its counterproposal to provide a first local service to St.
 Marks.
 
 3.  Anchor, in reply comments, disputes the statement of St. Marks that Woodville is a
 bedroom community of Tallahassee, Florida, and that allotment of Channel 250A to St. Marks,
 Florida, is superior to that proposed in the Notice.  Anchor contends that St. Marks has failed to
 provide sufficient material to support this statement.   Anchor argues that to be acceptable for
 allotment purposes, a community must present a geographical population grouping where the
 residents function as and conceive of themselves as residents of that community.  According to
 Anchor, Woodville is a census designated place with its own fire department, post office and
 elementary school, churches, parks, banks and shopping centers.   Anchor acknowledges that
 certain services, such as law enforcement, are provided by the county.  Anchor points out,
 however,  that the Commission does not require a municipality to be self-governing or to provide
 every public service on its own in order to merit community status for allotment purposes.  
 Anchor takes the point of view that since the allotment would provide a first local service at either
 community, with both communities served by at least five full-time reception services, the
 Commission must base its decision on population and make the allotment of Channel 250A at the
 larger community of Woodville.  According to Anchor, the allotment of Channel 250A at St.
 Marks with a population of 307 people will provide service to 25,845 people while the allotment
 of Channel 250A at Woodville with a population of 2,760 people will serve 168,872 people.
 
 4.  In reply comments, St. Marks continues to support the allotment of Channel 250A at St.
 Marks, Florida, arguing that the community of St. Marks is a community that merits an FM
 allotment while Woodville is a bedroom community that does not have the characteristics
 necessary to warrant an allotment.  St. Marks believes that the general information listed in the
 petition filed by Anchor does not accurately describe the area referred to as Woodville, as
 Woodville residents identify with Tallahassee and depend on Tallahassee for many services. 
 According to St. Marks, the community of St. Marks, unlike Woodville, is a vibrant community,
 with its own identity.  St. Marks points out that 14 radio stations  are licensed to communities in
 Leon County, which is where Woodville is located while Wakulla county, where St. Marks is
 located, has only station licensed to a community in the county.  Therefore, St. Marks requests that
 the Commission allot Channel 250A to St. Marks as a first local service, providing a second radio
 station to Wakulla County rather than a first service to Woodville and a 15th station to Leon
 County. 
 
 5.  A review of the proposals indicates that St. Marks and Woodville are both deserving of an
 FM channel.  Although not requested, we note that Anchor and St. Marks have provided sufficient
 information establishing community status for allotment purposes for Woodville and St. Marks. 
 In an effort to provide each community with its first local service, the staff performed a search to
 determine if alternate channels were available.  The study indicates that Channel 250A is the only
 channel that can be allotted to either community.   Our study also indicates that  allotment of
 Channel 250A at Woodville will provide coverage to approximately three percent of the
 Tallahassee urbanized area while the allotment at St. Marks does not provide service to any part
 of the Tallahassee urbanized area.   Our decision is guided by the allotment priorities as set forth
 in Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982).    The allotment
 of Channel 250A to Woodville or St. Marks would provide a first local service to either
 community, fulfilling priority (3).  Therefore, our decision must be based on priority (4) - Other
 public interest factors.  In this regard, we find that the community of Woodville (population 2,760
 people) has a larger population than St. Marks (population 307).    We also find that both
 Woodville and St. Marks receive service from fourteen AM and FM signals and are both
 considered to be well served.  The channel at Woodville would serve 165,496 people and cover
 approximately 2,557 square kilometers (988 square miles) while the allotment at  St. Marks would
 serve 29,820 people in a 1,789 square kilometer area (691 square miles).  With regard to St. Mark's
 assertion that Woodville is merely an extension of Tallahassee and not a separate and distinct
 community, we feel that St. Marks has failed to provide sufficient evidence to support this
 argument.     As each community receives ample reception service, we believe the public interest
 would be served by allotting Channel 250A to Woodville, Florida, since it could provide a first
 local aural transmission service to the more populous community.  See Three Oaks and Bridgman,
 MI, 5 FCC Rcd 1004 (1990) and Brownstown, IN et al., 7 FCC Rcd 3173 (1992).
 
 6.  A staff engineering analysis has determined that Channel 250A can be allotted to
 Woodville, Florida, in compliance with the minimum distance separation requirements of the
 Commission's Rules provided there is a site restriction 11.7 kilometers (7.3 miles) east of the
 community.    The site restriction will prevent a short spacing to Station WTBB, Channel 249C1,
 Bonifay, Florida. 
 
 7.  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 September 29, 1997,  the FM
 Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for the
 community listed below, as follows:
 
                         Community           Channel Number
 
               Woodville, Florida              250A                                       
 8.  IT IS FURTHER ORDERED, That this proceeding IS TERMINATED.
 
 9.  The window period for filing applications for Channel 250A at Woodville, Florida, will
 open  on  September 29, 1997,   and close on October 30, 1997.
              
 10. IT IS FURTHER ORDERED, That the counterproposal filed by St. Marks Broadcasting
 (RM-8873) requesting the allotment of Channel 250A at St. Marks, Florida, IS TERMINATED.
 
 11. IT IS FURTHER ORDERED, That the Secretary of the Commission shall send a copy of
 this Report and Order by Certified Mail, Return Receipt Requested, to the following:
 
                    Linda J. Eckard
                    Lisa A. Williams
                    Roberts & Eckard, P.C.
                    1150 Connecticut Ave., Suite 1100
                    Washington, D. C.  20036
 
  12.     For further information concerning the above, contact Kathleen Scheuerle, Mass Media
 Bureau, (202) 418-2180.  Questions related to the window application filing process for Channel
 250A at Woodville, Florida, should be addressed to the Audio Services Division, Mass Media
 Bureau, (202) 418-2700.
                                        
                              FEDERAL COMMUNICATIONS COMMISSION
 
 
 
                         John A. Karousos
                         Chief, Allocations Branch
                         Policy and Rules Division
                         Mass Media Bureau