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Federal Communications Commission Record 9 FCC Red No DA 94-808 Federal Communications Commission Record 9 FCC Red No. 16 2. Comments. Petitioner seeks the reallotment of Channel Before the 229C from Elizabeth City, North Carolina, (population Federal Communications Commission 14,292) to Chesapeake, Virginia, (population 151,976) and Washington, D.C. 20554 the modification of Station WKOC-FM©s license accord ingly.4 Petitioner submits that Elizabeth City currently re ceives local transmission service from two AM stations, two FM commercial stations, and one noncommercial educa MM Docket No. 89-535 tional FM station.5 In contrast, Chesapeake has one AM station and a noncommercial educational FM station. Peti In the Matter of tioner states that because it proposes to operate from its present site, the requested change in community will cause Amendment of Section 73.202(b), RM-6980 no discernible alteration in the existing reception service of Station WKOC-FM. Table of Allotments, 3. Petitioner©s request was filed in anticipation of the FM Broadcast Stations. adoption of Section 1.420(i), which permits a licensee to (Elizabeth City, North Carolina, request a change in community of license without facing and Chesapeake, Virginia) competing expressions of interest. See Amendment of the Commission©s Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License REPORT AND ORDER ("Change of Community R&O"), 4 FCC Red 4870 (1989), (Proceeding Terminated) recon. granted in part ("Change of Community MO&O"), 5 FCC Red 7094 (1990). Our initial analysis of petitioner©s Adopted: July 19, 1994; Released: July 27, 1994 proposal determined that Chesapeake is partially within the Norfolk-Virginia Beach-Newport News, Virginia, Urbanized By the Acing Chief, Allocations Branch: Area ("Norfolk Urbanized Area").6 In order to determine whether Chesapeake is deserving of a local service pref 1. At the request of Benchmark Radio Acquisition Fund erence, or whether Chesapeake should be credited with all IV Limited Partnership ("petitioner"), 1 licensee of Radio of the aural services licensed to the Norfolk Urbanized Station WKOC-FM (formerly WMYK(FM)), Channel 229C, Area, we issued a Request for Supplemental Information Elizabeth City, North Carolina, the Commission has before ("RSI"), 1 FCC Red 6815 (1992). The RSI requested peti it the Notice of Proposed Rule Making, 4 FCC Red 8313 tioner to direct its response to the factors for determining (1989), proposing a change of community of license for independence as enumerated in RKO General, Inc. (KFRC), Channel 229C from Elizabeth City to Chesapeake, Vir 5 FCC Red 3222 (1990), vacated as moot pursuant to settle ginia. Petitioner filed comments reaffirming its intention to ment, 6 FCC Red 1808 (1991) ("KFRC"), and Faye and apply for the channel, if allotted to Chesapeake. Eure Richard Tuck, 3 FCC Red 5374 (1988) ("Tuck"). 7 Petitioner Communications, Inc. ("Eure"), filed opposing comments.2 Goya Communications ("Goya") filed a counterproposal.3 1 A substitution of petitioner, by assignment of the license for of the Commission©s Rules. See Greenwood, South Carolina, 3 WKOC-FM, Elizabeth City, North Carolina, from Edge Broad FCC Red 4108, corrected, 3 FCC Red 4374 (1988). Accordingly, casting Company to Benchmark Radio Acquisition Fund IV the counterproposal will be dismissed. Limited Partnership, was granted March 5, 1993, and consum 4 Population figures are taken from the 1990 U.S. Census. mated May 28, 1993. 5 Additionally, Channel 271A is allotted to the hyphenated 2 Eure filed a motion to dismiss petitioner©s rule making communities of Chesapeake-Portsmouth-Virginia Beach, Vir petition, and, subsequently, filed a petition to withdraw the ginia. Fourteen applications were filed for the station; the Com motion. In compliance with Section 1.420 of the Commission©s mission granted, ultimately, the application of Stacy C. Brody Rules, Eure stated that it has neither been promised, nor has it for a construction permit. received, payment or other consideration in exchange for its 6 The U.S. Census Bureau classifies Chesapeake as an "extended withdrawal. Eure©s request to withdraw its motion is granted. city" located partially within the Norfolk Urbanized Area. As a result, we dismiss as moot the various procedural motions Chesapeake comprises 340.7 ©square miles and has a total popula filed by the parties respecting petitioner©s above noted motions. tion of 151,976. The portion of Chesapeake which is located 3 Goya requests the allotment of Channel 229A at Tuckahoe, within the Norfolk Urbanized Area is comprised of 142.1 square Virginia, as that community©s first local service. Goya also miles with a population of 146,415, or 96.3% of the total popula requests the reallotment of Channel 229C at Elizabeth City to tion. Chesapeake as Channel 229C2, and seeks to modify the au 7 KFRC and Tuck clarified the type of evidence considered in thorization of Station WKOC-FM to specify Chesapeake as its determining whether a suburban community should be denied a community© of license. Our review of Goya©s counterproposal first local service preference. First, the Commission examines indicates that it is not acceptable for consideration, and there "signal population coverage," ie., the degree to which the pro fore it has not .been placed on public notice. Initially, we note posed station could provide service not only to the suburban that Goya©s proposal would reduce the operating power of Sta community, but also to the adjacent metropolis. Second, the tion WKOC-FM, and Goya failed to submit petitioner©s consent Commission examines the size and proximity of the suburban to a downgrade. In fact, petitioner has stated its objection to any community relative to the adjacent city, and whether the sub proposal whose adoption would result in a downgrade of its urban community is within the Urbanized Area of the city. station. Next, even if petitioner©s consent were of record, the Third, the Commission examines the interdependence of the operation of Channel 229C2 at Chesapeake from the coordinates suburban community with the central city. See KFRC, 5 FCC specified by Goya would fail to provide city grade coverage to Red at 3223; Tuck, 3 FCC Red at 5377-78. the entire community of license, as required by Section 73.315 3586 9 FCC Red No. 16 Federal Communications Commission Record DA 94-808 and Tidewater Communications, Inc., ("Tidewater"), licens community©s local needs and interests; (3) whether ee of Station WNOR AM/FM, Norfolk, Virginia, filed com the community leaders and residents perceive the ments and reply comments.8 specified community as being an integral part of, or 4. Petitioner argues that Chesapeake merits a local ser separate from, the larger metropolitan area; (4) vice credit, and should not be credited with all of the aural whether the specified community has its own local services in the Norfolk Urbanized Area. In presenting its government and elected officials; (5) whether the KFRCITuck analysis, petitioner argues that the first cri smaller community has its own telephone book pro terion, signal population coverage, is not relevant in this vided by the local telephone company or zip code; case, because Station WKOC-FM is not changing its trans (6) whether the community has its own commercial mitter site. As a result, petitioner submits, the station will establishments, health facilities, and transportation serve the same area and population regardless of whether systems; (7) the extent to which the specified commu the proposal is adopted. nity and the central city are part of the same advertis 5. As to the second criterion, relative size and proximity ing market; and (8) the extent to which the specified of the community to the metropolis, we note that Chesa community relies on the larger metropolitan area for peake and Norfolk are adjacent communities. In this con various municipal services such as police, fire protec nection, the petitioner argues that the instant case is not a tion, schools, and libraries." typical core city/suburban city situation, and that conse quently this criterion is of marginal significance. Rather, As evidence that Chesapeake is an independent commu petitioner submits that this case differs from KFRC and nity, petitioner submits a publication entitled Chesapeake, Tuck because Chesapeake is co-equal with and separate Virginia, 1992 - 1993 Economic Facts, which contains in from the other communities in the Norfolk Urbanized formation on population, income, education, and local Area, which includes Chesapeake, Norfolk (population government, an Industrial Directory, and a letter from the 261,229), Virginia Beach (population 393,069), Portsmouth Mayor of the City of Chesapeake. In support of its position (population 103,907), Suffolk (population 52,141) and that Chesapeake is interdependent with the Norfolk Urban Newport News (population 170,045). Petitioner argues that ized Area, Tidewater submits an engineering statement and in KFRC, the Commission examined the independence of a declaration from the Vice President of Tidewater Com Richmond, California (population 74,676, according to the munications, Inc. 1980 U.S. Census), a community in the San Francisco 7. With respect to the first factor, petitioner notes that Urbanized Area (population 3,190,698), and in Tuck, the almost 40% of Chesapeake©s work force of over 75,000 Commission examined several communities within the persons work in Chesapeake. Tidewater asserts that Chesa Dallas-Fort Worth Urbanized Area. According to petition peake residents also work in Norfolk and Virginia Beach. er, neither KFRC nor Tuck is analogous here inasmuch as 8. With respect to the second factor, the parties agree each addressed competing proposals involving small subur that Chesapeake does not have a daily newspaper published ban communities and a clearly central "core city". Peti solely for Chesapeake, and that Norfolk©s Virginia Pi tioner also submits population information for the cities in lot/Ledger Star is widely read in the community.
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