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RM-7118 Table of Allotments, RM-7321 FM Broadcast Stations

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RM-7118 Table of Allotments, RM-7321 FM Broadcast Stations 10 FCC Red. No. 20 Federal Communications Commission DA 95-2022 Before the 2. White submitted information to support its FEDERAL COMMUNICATIONS COMMISSION claim that D'lberville is an independent community Washington, D.C. 20554 deserving of a first local service. According to White, D'lberville lacks a broadcast outlet serving its residents while Wiggins currently has two stations. Therefore, MM Docket No. 89-597 adoption of the proposal will equalize the communities at one station each. White contends that D'lberville is an In the Matter of independent community from the Biloxi-Gulfport Urbanized Area with its own local government, police Amendment of Section 73.202(b), RM-7118 and fire departments, schools, library, churches and social Table of Allotments, RM-7321 organizations, banks, medical clinics and post office. FM Broadcast Stations. White indicates 260 businesses operate within (D'lberville and Wiggins, Mississippi) Dlberville's city limits. White argues that D'lberville is a separate and independent community from the Biloxi- SECOND REPORT AND ORDER Gulfport Urbanized Area and should not be credited with (Proceeding Terminated) all of the aural services licensed to the Urbanized Area. Adopted: September 21,1995; Released: September 29,1995 3. White requested action on its counterproposal in accordance with Section 1,420(i) of the Rules which By the Chief, Allocations Branch: allows a change in community of license without facing competing expressions of interest See Amendment of 1. In a previously adopted First Report and Order the Commission's Rules Regarding Modification of FM ("R&O") in this proceeding, 6 FCC Red 3479 (1991), we and TV Authorizations to Specify a New Community of deferred action on a counterproposal and issued a License ("Change of Community R&O"). 4 FCC Red Request for Supplemental Information ("RSI"), 6 FCC 4870 (1989), recon. granted in part ("Change of Red 3478 (1991). The R&O substituted Channel 250C2 Community MO&O"), 5 FCC Red 7094 (1990). As for Channel 250A at Wiggins, Mississippi, and modified indicated in the RSI. D'lberville is located within the the construction permit for Station WUSD to specify Biloxi-Gulfport Urbanized Area. Since this is a request operation on Channel 250C2 in response to a petition for a first local service and because of D'lberville's filed by John F. White.1 The counterproposal, filed by inclusion in an urbanized area, we shall use the criteria White Broadcasting Company, Inc. ("White"), requested established in Huntineton Broadcasting Co. v. FCC. 192 a change of community from Wiggins, Mississippi, to F. 2d33 (D. C. Cir. 1951), RKO General. Inc. ("Tuck"), D'lberville, Mississippi.2 Based on the information 3 FCC Red 5374 (1988) as a guideline in this proceeding contained in the counterproposal, we were unable to to determine whether to attribute the Biloxi-Gulfport determine whether White's proposal would result in a transmission services to D'lberville.3 Under these cases, preferential arrangement of allotments, hi the RSI, we three criteria are considered—signal population coverage, noted that D'lberville is located within the Biloxi- the size of the suburban community relative to the Gulfport, Mississippi Urbanized Area. Therefore, we adjacent city and the interdependence of the suburban questioned whether D'lberville should be credited with community with the central city.4 all the aural services licensed to the urbanized area. White filed comments in response to the RSI. No other comments were received at the Commission. 3 Stations WMAH,WMJY,WVMI(AM), and WXBD(AM) are licensed to Biloxi. Stations WOSM and WXOR are licensed to Ocean Springs. Station WBSL(AM) The call sign for Station WOTC was changed to is licensed to Bay St. Louis. Stations WGCM, WXLS, WUSD effective November 24,1992. John F. White was the WXRG, WGCM(AM), WQFX(AM) and WROA(AM) are predecessor in interest to White Broadcasting Company, Inc. licensed to Gulfport. The assignment of the construction permit was consummated on December 15,1989 (BAPH-891122GM). 4 There are eight factors relevant to interdependence: (1) the extent to which community 2 Public Notice of the counterproposal was given residents work in the larger metropolitan area, rather than the on March 19,1990, report No. 1811 (RM-7321). specified community, (2) whether the smaller community has 10796 10 FCC Red No. 20 Federal Communkations Commission DA 95-2022 4. With respect to "signal population coverage," The community leaders and residents perceive D'lberville Station WUSO currently provides a 70 dBu signal to 50 as being separate from the Biloxi-Gulfport metropolitan percent and a 60 dBu signal to 100 percent of the Biloxi- area. For example, White points to the D'lberville Gulfport Urbanized Area. Since White does intend to community spirit shown with respect to athletic move its transmitter, there will be a change in coverage. competition between the various communities in the From its new site, Station WUSD will provide a 60 dBu urbanized area. D'lberville is an incorporated community signal to 95 percent and a 70 dBu signal to 80 percent of with its own local government and elected officials. the BUoM-Gulfport Urbanized Area. The loss area of While D'lberville, as a developing community, does not Wiggins contains 36,303 people and covers presently have its own telephone book, it does publish a approximately 2,503 square kilometers. The gain area of directory for the entities located in the DTberviUe-SL D'lberville contains 69,559 people and covers Martin area. Approximately 260 businesses operate approximately 1,066 square kilometers. Most of the loss within D'lberville's city limits. Forty-seven of these area of Wiggins is covered by five or more full-time businesses were franchises or branch operations. The reception services and that area is, therefore, considered balance of businesses were small, locally owned to be a well-served area. There is a small area in Pearl businesses. There are two medical facilities and clinics River County, 148 square kilometers with a population of operating in D'lberville. Many D'lberville civic 4347 people, that receives four full-time aural services. organizations are active in the community, including the As for size and proximity, D'lberville has a 1990 Census D'lberville Community Club and the D'lberville-St. population of 6,566 people. The entire community of Martins Jaycees. D'lberville operates four schools, has D'lberville is located within the Biloxi-Gulfport its own central library and a volunteer fire department. Urbanized Area. The Biloxi-Gulfport Urbanized Area Police services are provided to D'lberville and other has a 1990 Census population of 179,643 people. communities in Harrison County by the Harrison County Sheriffs Department. 5. With reject to the third factor, interdependence, we conclude that D'lberville is sufficiently independent 6. We conclude that D'lberville, although located from the Biloxi-Gulfport Urbanized Area to warrant a within the Biloxi-Gulfport Urbanized Area, should be first local service. White provided a market assessment treated as a separate and distinct community. While and business survey which indicates that of the 260 factors one and two could appear to favor attributing the businesses located in D'lberville, approximately 50 Biloxi-Gulfport stations to D'lberville, the third factor, percent of the local merchants own the building in which interdependence of the suburban community to the their business is located, showing that not only do local urbanized area, favors a finding of not attributing the residents work in D'lberville but also own the buildings Biloxi-Gulfbort stations to D'lberville. We do recognize where they work. Although the community has no local that there is some interdependence between D'lberville broadcast outlet serving its residents, D'lberville does and the larger urbanized area, but find that the evidence have a weekly newspaper which is published in the presented with respect to the factors outlined in Tuck community. White provided a letter from the Mayor of overcome the presumption that D'lberville is merely an D'lberville supporting a radio station in the community. extension of Biloxi and Gulfport. We also recognize that D'lberville is geographically separated from Biloxi and Gulfport by water—Big Lake, Back Bay of Biloxi and its own newspaper or other media that covers the Biloxi Bay. As stated in Tuck, the size and proximity of community's local needs and interests; (3) whether the the specified community to the central city and signal community leaders and residents perceive the specified population coverage are pertinent, but less significant community as being an integral part of, or separate from, the than evidence of independence. As a result, we will not larger metropolitan area; (4) whether the specified community has its own local government and elected attribute the Biloxi-Gulfport stations to D'lberville. officials; (5) whether the smaller community has its own telephone book provided by the local telephone company or 7. Having made that decision, we must next zip code; (6) whether the community has its own commercial determine whether White's proposal would result in a establishments, health facilities, and transportation systems; preferential arrangement of allotments. To do so, we (7) the extent to which the specified community and the must compare the existing and proposed arrangement of central city are part of the same advertising market; and (8) allotments using the allotment priorities set forth in the municipal services such as police, fire protection, schools, libraries. See KFRC supra. 10797 10 FCC Red. No. 20 Federal Communications Commission DA 95-2022 10. IT IS FURTHER ORDERED, That pursuant Our decision is based on Priority No. 3, first local to the authority contained in Section 316(a) of the service.
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