ORIGINAL Before the FEDERALCOMMUNICATIONS COMMISSION Washington, DC 20554 RECEIVED in the Matter Of

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ORIGINAL Before the FEDERALCOMMUNICATIONS COMMISSION Washington, DC 20554 RECEIVED in the Matter Of DOCKET FILE COPY OfllGlFdAL ORIGINAL Before the FEDERALCOMMUNICATIONS COMMISSION Washington, DC 20554 RECEIVED In the Matter of Amendment of Section 73.202(b) Table of Allotments FM Broadcast Stations (Memphis and Arlington, Tennessee, and St. Florian, Alabama) To: Office of the Secretary Attn: Assistant Chief, Audio Division Media Bureau PETITIC.. FOR R [LE MAKING Clear Channel Broadcasting Licenses, Inc. (“Clear Channel”), licensee of WEGR(FM), Memphis, Tennessee, by its counsel, hereby submits this Petition for Rule Making, which proposes to (i) delete Channel 274C1 at Memphis, Tennessee and allot Channel 274C1 to Arlington, Tennessee as that community’s first local service; and (ii) modify the reference point of the vacant allotment on Channel 274A at St. Florian, Alabama. If this Petition is granted, Clear Channel will file an application for Channel 274C1 at Arlington and construct the facilities as authorized. The following table summarizes the changes requested in this Petition: City Channel Existing Proposed Memphis, Tennessee 246C1,259C, 246C1,259C, 274C1,283C1,290C 283C1,290C Arlington, Tennessee ___ 274C1 I. Station WEGR(FML MemDhis to Arlindon, Tennessee A. Technical Analysis 1. As demonstrated in the Technical Exhibit, Channel 274C1 can be allotted to Arlington at WEGR’s current coordinates of 35-16-33 North Latitude, 89-46-38 West Longitude consistent with Section 73.207 of the Commission’s Rules with respect to all existing and proposed domestic allotments and facilities, except, as discussed in paragraph 6 herein, for the vacant allotment on Channel 274A at St. Florian, Alabama. See Figure 1. A 70 dBu signal can be provided to Arlington from the current reference coordinates. See Figure 3. The facilities of WEGR will not be relocated. However, Clear Channel desires to increase the power and antenna height of WEGR from its current maximum of 87 kW at 288 meters to the Class C1 maximum of 100 kW and 299 meters, which will result in a predicted net gain in area of 986 sq. km. and in population of 15,721 persons within the WEGR 60 dBu contour. See Figure 2. Because WEGR’s facilities will not be relocated, there is no 60 dBu loss area associated with this proposal. See Technical Narrative. B. Change in Community of License 2. Clear Channel desires to change the community of license of Station WEGR from Memphis to Arlington under the guidelines set forth in Amendment of the Commission’s Rules Regarding Modification of FM and TV Authorizations to Spec& a New Community of License, 4 FCC Rcd 4870 (1989), recons. granted inpart, 5 FCC Rcd 7094 (1990). 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 274C1 at Arlington is 2 mutually exclusive with the current use of Channel 274C1 at Memphis. See Figure 1. Second, Memphis will not be deprived of its only local service because it will continue to be served by 9 FM stations and 9 AM stations. Third, the provision of a first local service at Arlington (2000 US. Census population 2,657) under Priority 3 will result in a preferential arrangement of allotments over the retention of a nineteenth local service at Memphis (2000 US. Census population 649,845) under Priority 4. See Revision of FMAssignment Policies and Procedures, 90 FCC 2d 88 (1982). 3. Station WEGR is currently licensed at Memphis, which is located within the Memphis Urbanized Area, and WEGR as it is currently sited covers 100% of the Memphis Urbanized Area. Arlington is not located in an Urbanized Area, and the proposed 70 dBu contour of WEGR will cover 100% of the Memphis Urbanized Area. Therefore, this relocation does not implicate the Commission’s policy regarding the migration of stations into urban areas, especially considering that WEGR is moving out of the Memphis Urbanized Area. See, e.g., Dayton, Incline Village and Reno, Nevada, 15 FCC Rcd 22461,22462 (2000); St. Maries, Idaho and Spokane, Washington, 14 FCC Rcd 17012, 17019 (1999); Boulder and Lafayette, Colorado, 12 FCC Rcd 583, 584 (1997); Headland, Alabama and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995) (“Headland”); Faye and Richard Tuck, 3 FCC Rcd 5374 (1988) (“Tuck”). Nevertheless, a Tuck showing is provided. 4. Under 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 3 site, WEGR would place a 70 dBu contour over 100% of the Memphis Urbanized Area. Arlington’s population (2000 US.Census 2,657) is less than 1% of that of Memphis (2000 U.S. Census 649,845) and Arlington is located 39.2 kilometers from Memphis. These figures are similar to those of other suburban communities granted a first local preference. See e.g., Park Ciw, Montana, DA 04-285 (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 (1996) (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 eight Tuck factors demonstrates the independence of Arlington from Memphis. (1) Extent to which the residents OfArlington work in Arlington. According to 2000 Census figures, 362 of the 1,369 employed individuals in Arlington, or 26%, 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 (11.3% of working-age residents worked in community); Coolidge and Gilbert, Arizona, 11 FCC Rcd 3610 (1996) (13% of Gilbert’s working population actually worked in Gilbert). (2) Newspapers and other media that cover Arlington’s local needs and interests. The East Shelby Review is a weekly newspaper that covers a number of communities in East Shelby County, including the community of Arlington. The Arlington Connection is a quarterly publication of the Town of Arlington that provides 4 the residents of Arlington with local coverage. Therefore, the residents of Arlington do not have to rely on the media in Memphis. See Exhibit 2. (3) Community leaders and residents perceive Arlington as being separate from Memphis. The Town of Arlington was founded in the 1830’s as Haysville, named after the original landowner, Samuel Jackson Hays. In 1883 the name of the town was changed to Arlington, after the Arlington National Cemetery in Virginia, at the suggestion of Captain Henry Pitman. Arlington received its charter from the State of Tennessee in December 1900. The Town of Arlington maintains a website at <www.townofarlington.org>,where it states that the residents of Arlington “do not have a real need to visit the bigger city; the necessities of life could be found within its own Town square.” Further, “Arlington offers excellent public schools, community activities, and commercial amenities all with a strong sense of small-town charm and character.” See Exhibit 2. (4) Arlington has its own local government and elected oflcials. Arlington is governed by a Mayor and Board of Aldermen, the members of which are elected to four-year terms. The Mayor and Board of Aldermen meet in the Town Hall chambers on the first Monday of each month. Arlington citizens serve on a number of boards and committees which advise the Mayor and the Board of Aldermen or carry out other specified functions in accordance with town ordinances. These boards and committees include the Beautification Committee, the Board of Zoning Appeals, the Communications Committee, the Design Review Committee, the Finance Committee, the Fire, Health, and Safety Committee, the Industrial Development Board, the Parks and Recreation 5 Committee, the Planning Commission, and the Public Works and Sewer Committee. See Exhibit 2. (5) Arlington has one zip code and its own phone book. The zip code assigned to Arlington is 38002, and the U.S. Postal Service operates three offices in Arlington. BellSouth publishes the Bartlett-Raleigh-Arlington phone book which combines yellow and white page directories for the community of Arlington. See Exhibit 2. (6) Arlington has its own commercial establishments and health facilities. Arlington is home to the Arlington Chamber of Commerce and a variety of businesses and commercial establishments. The Arlington Industrial Park is home to many of Arlington’s largest employers and companies. Many of the industries in Arlington chose to locate themselves here many years ago and have further developed and enhanced their presence throughout the years, making Arlington an attractive location for growing industry and business. Some of the members of Arlington‘s industrial community include, Allen Steel Products, Carrier Concrete Company, Chem-Trainer Industries, Delta Industrial Coatings, Jimmy Dean Foods, Machining Technology Group, Plasma Coatings of Tennessee, Rich Products, River City Materials, and Russell Performance Products. A number of local businesses identify with the community by using “Arlington” in their name, including Arlington Automotive, Arlington Community Bank, Arlington Engine Center, Arlington Florist, Arlington Dental Center, Arlington Family Chiropractors, Arlington Florist, and Arlington Self Storage.
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