10 FCC Red No. 22 Federal Communications Commission Record DA 95-2158

daytime Station WBCA(AM) are licensed at that commu Before the nity (priority (4)). Therefore, in accordance with the provi Federal Communications Commission sions of Section 1.420(i) of the Commission©s Rules, we Washington, D.C. 20554 will modify the license of Station WAVH(FM) to specify operation on Channel 293C2 at Daphne, , in lieu of its present use at Bay Minette, Alabama. 3. Channel 293C2 is allotted to Daphne in conformity MM Docket No. 93-313 with the minimum distance separation requirements of Section 73.207(b)(l) of the Commission©s Rules at coordi In the Matter of nates 30-46-21 and 88-03-31.6 4. Accordingly, pursuant to the authority contained in Amendment of Section 73.202(b), RM-8390 Sections 4(i), 5(c)(l), 303(g) and (r) and 307(b) of the Table of Allotments, Communications Act of 1934, as amended, and Sections FM Broadcast Stations. 0.61, 0.204(b) and 0.283 of the Commission©s Rules, IT IS ORDERED, That effective December 8, 1995, the FM Ta (Bay Minette and Daphne, Alabama) ble of Allotments, Section 73.202(b) of the Commission©s Rules, IS AMENDED with respect to the communities listed below, as follows: REPORT AND ORDER (Proceeding Terminated) City Channel No.

Adopted: October 13, 1995; Released: October 24,1995 Bay Minette, Alabama 288A Daphne. Alabama 293C2 By the Chief, Allocations Branch: 5. IT IS FURTHER ORDERED. That pursuant to Sec 1. The Commission considers herein the Notice of Pro tion 316(a) of the Communications Act of 1934. as amend posed Rule Making, 9 FCC Red 74 (1993), issued in re ed, the license of Baldwin Broadcasting Company (File No. sponse to a petition filed on behalf of Baldwin BLH-940901KA) for Station WAVH(FM) IS MODIFIED to Broadcasting Company ("petitioner"), licensee of Station specify operation on Channel 293C2 at Daphne, Alabama, WAVH(FM), 1 Channel 293C2,2 proposing the reallotment in lieu of Bay Minette, Alabama, subject to the following of its channel to Daphne, Alabama, and modification of its conditions: facilities accordingly. Petitioner filed supporting and sup plemental comments3 in response to the Notice. No other (a) Nothing contained herein shall be construed as comments were received. authorizing any change in Station WAVH(FM)©s li 2. Based upon the information presented, we will reallot cense (File No. BLH-940901KA). except the channel Channel 293C2 from Bay Minette to Daphne, Alabama, as specified above. Any other changes, except those since it would result in a preferential arrangement of allot so specified under Section 73.1690 of the Rules, re ments, consistent with the Commission©s change of com quire prior authorization pursuant to an application munity procedures. See Modification of FM and TV for a construction permit (FCC Form 301). Authorizations to Specify a New Community of License, 4 FCC Red 4870 (1989), recon. granted in part, 5 FCC Red (b) Program tests may be conducted in accordance 7094 (1990). Daphne (pop. 11,290)," would receive its first with the provisions of Section 73.1620 of the Rules, local aural transmission service, thus triggering allotment PROVIDED the transmission facilities comply in all priority (3).5 Bay Minette (pop. 7,168) will retain local respects with license (File No. BLH-940901KA). ex- service as Station WNSP(FM), Channel 288A. as well as

1 Formerly Station WFMI(FM). The call sign change to downgrade of a station in Demopolis. Alabama, which occurred WAVH(FM) was effective October 14, 1994. after the instant rule making was filed, made possible the up 2 At the time this proposal was filed, petitioner was licensed to grade of Station WAVH(FM) to Channel 293C2 without regard operate on Channel 293C3 at Bay Minette. Following the adop to the proposed modification of its proposal. tion of the Notice herein, petitioner filed a one-step application Consistent with the Commission©s general policy of accepting pursuant to Section 73.3573(a)(l) of the Commission©s Rules late-filed comments where a proceeding is unopposed, we have (see FM Channel and Class Modifications by Application, 8 FCC accepted petitioner©s comments for the purpose of acknowledg Red 4735 (1993)), to upgrade its facilities to Channel 293C2 at ing its amended proposal. Bay Minette (File No. BPH-940428IE), which was subsequently 4 Population figures are taken from the 1990 U.S. Census. granted. A license to cover the construction permit (File No. 5 The FM allotment priorities are: (1) first full-time aural BLH-940901KA) was granted April 12. 1995. As a result of that service; (2) second full-time aural service; (3) first local service; action, consideration herein of Station WAVH(FM) as a Class and (4) other public interest matters. [Co-equal weight is given C2 facility is designed to reflect an editorial change to the FM to priorities (2) and (3).] See Revision of FM Assignment Policies Table of Allotments at Bay Minette, Alabama, that has been and Procedures, 90 FCC 2d 88 (1982). authorized in response to the grant of petitioner©s one-step 6 The coordinates differ from those specified in the Notice for application to operate on Channel 293C2. petitioner©s original proposal. Pursuant to the one-step applica 3 Petitioner©s supplemental comments were filed after the com tion modification of Station WAVH(FM), the revised reference ment period specified therefor in this proceeding to advise of its coordinates for Channel 293C2 are required in the context of intention to operate as a Class C2 facility at Bay Minette as this proceeding to avoid a short spacing to the reference coordi specified in its then-pending one-step modification application. nates specified for Channel 295A, Lucedale, Mississippi, at See footnote 2, supra. In particular, petitioner advises that the 30-55-30 and 88-36-21.

11527 DA 95-2158 Federal Communications Commission Record 10 FCC Red NO. 22

cept for the channel as specified above, and a license application (FCC Form 302) is filed within 10 days of commencement of program tests.

6. Pursuant to Commission Rule Section 1.1104(l)(k) and (2)(k), any party seeking a change in community of license of an FM or television allotment or an upgrade of an existing FM allotment, if the request is granted, must submit a rule making fee when filing its application to implement the change in community of license and/or upgrade. As a result of this proceeding, Baldwin Broadcast ing Company, licensee of Station WAVH(FM), is required to submit a rule making fee in addition to the fee required for the applications to effect the change in community of license. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 8. For further information concerning the above, contact Nancy Joyner, Mass Media Bureau, (202) 418-2180.

FEDERAL COMMUNICATIONS COMMISSION

John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau

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