9 FCC Red No. 17 Federal Communications Commission Record DA 94-794

such as Station WYUL which have not yet begun to com Before the pete in the market should be treated as new allotments. Federal Communications Commission LCC states that there are presently ten (10) radio stations Washington, D.C. 20554 which serve Malone. four FM and six AM. In addition, it points out that the Malone area receives service from five television stations, a local cable system, one daily local newspaper, three out-of-town dailies and three weeklies. It MM Docket No. 93-76 believes that the ultimate result of allowing Station WYUL to upgrade its facilities would be to harm the economic In the Matter of viability of all of the area©s radio stations and thus affect their ability to provide public service programming. There Amendment of Section 73.202(b). RM-8196 fore. LCC requests that petitioner©s proposal be denied. 1 Table of Allotments. 3. In response, petitioner states that the single subject of this proceeding is the "routine, and uncomplicated, chan FM Broadcast Stations. nel substitution at Chateaugay and upgrade of Station (Chateaugay, ) WYUL." The allotment comports with the Commission©s technical requirements and does not conflict with any oth er proposed or actual usage of the channel. Petitioner REPORT AND ORDER points out that this fact was addressed by LCC in a brief (Proceeding Terminated) sentence in the summary of its comments wherein it agrees that the upgrade is technically feasible. The remainder of Adopted: July 15, 1994; Released: August 8, 1994 the opposition, according to petitioner, consists of references to the current "troubled" state of the industry in By the Acting Chief. Allocations Branch: an attempt to protect its station from economic competi tion. Petitioner notes that in 1988 the Commission elimi 1. At the request of Vector Broadcasting. Inc. ("peti nated issues relating to the potential effects of economic tioner"), the Commission has before it the Notice of Pro competition from any licensing proceeding. See Policies posed Rule Making, 8 FCC Red 2491 (1993), proposing the Regarding Detrimental Effects of Proposed New Broadcast substitution of Channel 234C2 for Channel 234A at Station on Existing Stations, 3 FCC Red 638 (1988), recon. Chateaugay, New York, and the modification of Station den., 4 FCC Red 2276 (1989). Further, it states that if the WYUL©s construction permit to specify operation on the proposed upgrade of Station WYUL is denied. LCC©s AM higher class channel. Petitioner filed comments reiterating and FM stations will have a virtual monopoly on local its intention to apply for Channel 234C2. if allotted. Com radio service. Petitioner asserts that the stations which LCC ments in opposition were filed by L.C.C. Media, Inc. claims serve Malone are licensed to communities far re ("LCC"). Reply comments were filed by the petitioner. moved from Malone. It states that Messena, New York, is 2. LCC is the licensee of Malone. New York, Stations more than 30 miles from Malone. Plattsburgh. New York, WVNV(FM), Channel 243A and WICY(AM). LCC states more than 40 miles from Malone and Burlington. Ver that Chateaugay is located 15 miles from Malone and that mont, more than 60 miles distant. as a C2 facility. Station WYUL would place a city-grade 4. After reviewing the record before us. we believe that signal over Malone as well as Chateaugay. Thus, it contends petitioner©s proposal should be granted. Contrary to LCC©s that Station WYUL will not only become a competitor of assertion that Chateaugay currently receives or will receive LCC©s stations but would also have a "decided advantage in service from ten aural services, a staff engineering study signal quality." It acknowledges that there is no technical shows that the residents of Chateaugay receive six services, bar to the allotment of Channel 234C2 to Chateaugay. which are: 70 dBu ("city-grade") service from FM Stations However, it argues that upgrading Station WYUL would WYUL. Channel 234A/Chateaugay, and WGFB, Channel cause severe economic hardship for the "precariously bal 260C. Plattsburgh, New York, 60 dBu service from Station anced" Malone and Chateaugay markets. LCC recognizes WVNV. Channel 243A. Malone. 0.5 mV/m service from that it has been the Commission©s policy to encourage new AM Stations WICY. 1490 kHz, Malone. WEAV, 960 kHz. allotments wherever technically feasible and without regard and WNWX. 1070 kHz, Plattsburgh, New York. Malone to the economic impact on existing stations. However. LCC receives five services, which are: 70 dBu ("city-grade") goes on to state that the Commission has recently recog service from noncommercial educational Station WSLO, nized the economic problems facing radio broadcasters, Channel 2ISA, and Station WVNV, 60 dBu service from citing the ownership rule changes which raised the na Station WGFB, Plattsburgh. and Station WYUL, tional radio ownership limit and relaxed the duopoly re Chateaugay, as well as 2.0 mV/m service from LCC©s co- strictions. See Revision of Radio Rules and Policies, 7 FCC owned AM Station WICY. Further, based on the staff©s Red 2755 (1992). recon. 1 FCC Red 6387 (1992). LCC engineering review, we find that a large part of the gain agrees that an existing station should not be "hamstrung" area, particularly to the west of Chateaugay, currently re from developing the means to compete more effectively ceives only one to four aural services. since it "already has a large financial investment in its 5. We believe that the allotment of Channel 234C2 to station and is already competing in the local radio environ Chateaugay will serve the public interest since it furthers ment." However, it states that upgrades by unbuilt stations the Commission©s allotment priorities by providing service

1 LCC also raises issues of integration of ownership and com an allotment proceeding and will not be addressed further in mitment to serve the community. Petitioner filed responsive this proceeding. comments in opposition. These issues are not properly raised in

3957 DA 94-794 Federal Communications Commission Record 9 FCC Red No. 17

to underserved areas. Furthermore, even if we were to (b) Upon grant of the construction permit, program depart from our policies of not considering the potential tests may be conducted in accordance with Section detrimental effects of facilities modifications on the service 73.1620. rendered to the public, the evidence submitted, consisting (c) Nothing contained herein shall be construed to of little more than bare allegations, is insufficient to dem authorize a change in transmitter location or to avoid onstrate any such effect. We also believe granting the re the necessity of filing an environmental assessment quested upgrade is consistent with the Commission©s intent pursuant to Section 1.1307 of the Commission©s in adopting revised multiple ownership rules. In revising Rules. those rules, the Commission recognized the benefits to competition and diversity that economies of scale may provide. See Revision of Radio Rules and Policies, 7 FCC 10. Pursuant to Commission Rule Section 1.1104(l)(k) Red 6387 at 6388 (1992). Although the Commission fo and (2)(k), any party seeking a change of community of cused on economies of scale deriving from station consoli license of an FM or television allotment or an upgrade of dation, we note that station upgrades, through coverage by an existing FM allotment, if the request is granted, must the same station of larger areas and populations, also pro submit a rule making fee when filing its application to vide economies of scale that may substantially enhance implement the change in community of license and/or competition and diversity in markets. upgrade. As a result of this proceeding, Vector Broadcast ing. Inc.. permittee of Station WYUL. is required to submit 6. Accordingly, we believe that the public interest would a rule making fee in addition to the fee required for the be served by substituting Channel 234C2 for Channel 234A applications to effect the change in community of license at Chateaugay. New York, since it could provide the com and/or upgrade. munity with a wide coverage area FM service and enable Station WYUL to expand its service area. As proposed, we 11. IT IS FURTHER ORDERED. That this proceeding will also modify Station WYUL©s construction permit to IS TERMINATED. specify operation on the higher class channel. 12. For further information concerning this proceeding, 7. Channel 234C2 can be allotted to Chateaugay in com contact Leslie K. Shapiro. Mass Media Bureau. (202) pliance with the Commission©s minimum distance separa 634-6530. tion requirements, with respect to domestic allotments, at the transmitter site specified in Station WYUL©s construc FEDERAL COMMUNICATIONS COMMISSION tion permit, which is 13.5 kilometers (8.4 miles) southeast.2 The allotment is short-spaced to Stations CIMF-FM. Chan nel 235C1. Hull, . CHWY, Channel 236B, . Quebec, and unoccupied Channel 234C1, Trois Rivieres, Quebec. Concurrence in the allotment by the John A Karousos Canadian government, as a specially negotiated allotment, Acting Chief. Allocations Branch has been received since Chateaugay is located within 320 Policy and Rules Division kilometers (200 miles) of the U.S.-Canadian border. Mass Media Bureau 8. Accordingly, pursuant to the authority contained in Sections 4(i). 5(c)(l). 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 19, 1994, the FM Table of Allotments, Section 73.202(b) of the Commission©s Rules. IS AMENDED, with respect to the community listed below, to read as follows:

City Channel No. Chateaugay. New York 234C2

9. IT IS FURTHER ORDERED, pursuant to Section 316(a) of the Communications Act of 1934, as amended, that the construction permit of Vector Broadcasting. Inc.. for Station WYUL. Chateaugay. New York, IS MODIFIED to specify operation on Channel 234C2, in lieu of Channel 234A. subject to the following conditions:

(a) Within 90 days of the effective date of this Order, the licensee shall submit to the Commission a minor change application for a construction permit (Form 301).

The coordinates for Channel 234C2 at Chateaugay are North Latitude 44-49-41 and West Longitude 73-58-43.

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