mnFILE COPY ORlGlNaL 0 R I GINA L Before the FEDERALCOMMUNICATIONS COMMISSION RECEIVED Washington, DC 20554 JUN - 2 2004 In the Matter of FWMIUL COMMUNICIYII~NGCMls6lOu OFFICE of ME SECRETARY Amendment of Section 73.202@) 1 Table of Allotments ) MB Docket No. FM Broadcast Stations 1 RM- (Wilson and Knightdale, North Carolina) 1 1 To: Office of the Secretary Attn: Assistant Chief, Audio Division Media Bureau PETITION FOR RULE MAKING Capstar TX Limited Partnership (“Capstar”), licensee of WRDU(FM), Wilson, North Carolina, by its counsel, hereby submits this Petition for Rule Making, which proposes to delete Channel 291CO from Wilson, North Carolina and allot Channel 291CO to Knightdale, North Carolina as that community’s first local service. If this Petition is granted, Capstar will file an application for Channel 291CO at Knightdale and construct the facilities as authorized. The following table summarizes the changes requested in this Petition: City Channel Existing Proposed Wilson, North Carolina 29 1CO _-- Knightdale, North Carolina --- 29 1CO I. Technical Analvsis 1. As demonstrated in the Technical Exhibit, Channel 291CO can be allotted to Knightdale at coordinates 35-47-50 North Latitude, 78-22- 15 West Longitude consistent with Section 73.207 of the Commission’s Rules with respect to all existing and proposed domestic allotments and facilities. See Figure 1. A 70 dBu signal can be provided to Knightdale from the N~.of ~~$53 rec’d proposed reference coordinates. See Figure 5. The relocation of Station WRDU ffom Wilson to Knightdale will result in a predicted net gain in population of 8,791 persons within the WRDU 60 dBu contour. See Figure 2. The entire loss area will continue to receive at least 5 other aural services and will thus remain well served. See Figures 3 and 4. 11. ChanPe in Communitv of License 2. Capstar desires to change the community of license of Station WRDU from Wilson to Knightdale under the guidelines set forth in Amendment of the Commission’s Rules Regarding Modijication of FM and TV Authorizations to SpecifL a New Community of License, 4 FCC Rcd 4870 (1 989), recons. granted in part, 5 FCC Rcd 7094 (1 990). There, the Commission stated that a station may change its community of license without subjecting the license to other expressions of interest if (1) the proposed allotment is mutually exclusive with the current allotment; (2) the current community of license will not be deprived of its only local service; and (3) the proposed arrangement of allotments is preferred under the Commission’s allotment priorities. These criteria are met here. First, the proposed use of Channel 291CO at Knightdale is mutually exclusive with the current use of Channel 291 CO at Wilson. See Figure 1. Second, Wilson will not be deprived of its only local service because it will continue to be served by 1 FM and 3 AM stations. See Technical Exhibit. Third, the provision of a first local service at Knightdale (2000 U.S. Census population 6,017) under Priority 3 will result in a preferential arrangement of allotments over the retention of a fifth local service at Wilson (2000 U.S. Census population 43,068) under Priority 4. See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1 982). 3. The current 70 dBu contour of Station WRDU covers 100% of the Raleigh and Rocky Mount, North Carolina Urbanized Areas, and over 50 percent of the Durham Urbanized 2 Area. Knightdale is located in Raleigh, North Carolina Urbanized Area. The proposed 70 dBu contour of Station WRDU will cover 100% of the Raleigh, Rocky Mount, and Durham, North Carolina Urbanized Areas. Therefore, this relocation implicates the Commission’s policy regarding the migration of stations into urban areas only as to the Durham Urbanized Area. See Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995) (“Headland”); Faye and Richard Tuck, 3 FCC Rcd 5374 (1988) (“Tuck”). In making the determination whether to award an urbanized community a first local service preference, the Commission will consider (1) the extent to which the station will provide service to the entire Urbanized Area, (2) the relative populations and proximity of the suburban and central city, and, most importantly, (3) the independence of the suburban community. Tuck, 3 FCC Rcd at 5377-78. In this case, from the proposed transmitter site, Station WRDU would place a 70 dBu contour over 100% of the Raleigh Urbanized Area, the Rocky Mount Urbanized Area, and the Durham Urbanized Area. See Figure 5. Knightdale’s population (2000 U.S. Census 6,017) is 2.2% of that of Raleigh (2000 U.S. Census 276,579), 10.7% of that of Rocky Mount (2000 U.S. Census 56,244), and 3.2% of that of Durham (2000 U.S. Census 187,183). Knightdale is located 14.6 kilometers from Raleigh, 64.4 kilometers from Rocky Mount, and 44.3 kilometers from Durham. These figures are similar to those of other suburban communities granted a first local preference. See e.g.,Park City, Montana, 19 FCC Rcd 2092,2094 (2004) (Park City’s population is less than 1% of that of Billings, and Park City is located 21 miles from Billings); Ada, Newcastle and Watonga, Oklahoma, 11 FCC Rcd 16896, 16899 (1 996) (Newcastle’s population is less than 1% of that of Oklahoma City, and Newcastle is located 15 miles from Oklahoma City). Nevertheless, the Commission has repeatedly stated that these factors are less important than evidence of independence. See Headland, 10 FCC Rcd at 10355. The following analysis of the 3 eight Tuck factors demonstrates the independence of Knightdale from Raleigh, Rocky Mount, and Durham. (1) Extent to which the residents of Knightdale work in Knightdale. According to 2000 Census figures, 378 of the 3,279 employed individuals in Knightdale, or 11.5%, work at their place of residence. See Exhibit 2. This percentage compares favorably with other independent communities. See, e.g., Albemarle and Indian Trail, North Carolina, 16 FCC Rcd 13876 (2001), application for review pending (1 1.3% of working-age residents worked in community); Coolidge and Gilbert, Arizona, 11 FCC Rcd 36 10 (1 996) (1 3% of Gilbert’s working population actually worked in Gilbert). (2) Newspapers and other media that cover Knightdale’s local needs and interests. The Eastern Wake News is the “hometown” newspaper that serves a number of communities including Knightdale. It is published on Thursdays and features stories concerning the community of Knightdale. The Knightdale Views is a newsletter for the citizens of Knightdale that is published seasonally. The current issue contains articles on spring events in Knightdale and an economic development summit planned for Knightdale, and messages from the Mayor and Public Safety Department. The Chamber Communicator, a monthly publication of the Knightdale Chamber of Commerce, contains information about the business community of Knightdale. See Exhibit 2. (3) Community leaders and residents perceive Knightdale as being separate from Raleigh, Rocky Mount, and Durham. Knightdale started out as a farming community with the majority of the farmers in the area growing tobacco. At the end of the nineteenth century, many residents in the area wanted to establish a town, and Henry Haywood Knight donated some of his land to the Norfolk and Southern Railroad 4 Company in hopes that the railroad would bring business to the area. In 1904, the railroad was established in the community, which was renamed Knightdale to honor Henry Haywood Knight. Knightdale was incorporated in 1927 and began to transistion from a farming community to a business community. Between 1990 and 2000 the population of Knightdale increased from 1,700 to more than 6,000 residents, making it the seventh fastest growing town in North Carolina. Today, Knightdale continues to experience economic growth, while still maintaining the sense of community that can only be experienced in a small town. As the Knightdale Chamber of Commerce states, “in Knightdale, we are big enough to offer many cultural, recreational, and employment opportunities, yet small enough to maintain our identity as a community.” See Exhibit 2. (4) Knightdale has its own local government and elected officials. Knightdale has a mayor-council-manager form of government. The powers and duties of the Mayor are conferred upon him by law and by the Council. The Mayor is the official head of the city for the purpose of service of civil process, and for all ceremonial processes. The Mayor presides over all Council meetings and only votes in cases of a tie. The Council consists of five members who are elected to staggered terms. Each Council Member also serves on a number of Knightdale’s committees. The Manager is the chief administrator of the city and is responsible for overseeing the daily operation of Knightdale. In addition to the Mayor, Council Members, and Manager, the local government of Knightdale consists of a Town Attorney, Town Engineer, and individuals who work in the following departments: Administration, Finance, Legislative, Parks and Recreation, Planning, Public Safety, and Public Works. Knightdale also has a Land Use Review Board and a Parks and Recreation Advisory Board. See Exhibit 2. 5 (5) Knightdale has one zip code and its own phone book. The zip code assigned to Knightdale is 27545, and the U.S. Postal Service operates two offices in Knightdale. BellSouth publishes the Knightdale-Wendell-Zebulon phone book, which contains yellow and white page directories for the community of Knightdale. See Exhibit 2. (6) Knightdale has its own commercial establishments and health facilities. Knightdale is home to the Knightdale Chamber of Commerce and a variety of businesses and commercial establishments. A number of local businesses identify with the community by using “Knightdale” in their name, including Knightdale Animal Hospital, Knightdale Chiropractic Center, Knightdale Fitness Center, Knightdale Florist, Knightdale Seafood and BBQ, Knightdale Tire and Service Center, and Knightdale Tractor.