DA 94-699 Federal Communications Commission Record 9 FCC Red No. 14 of its license accordingly. Butler Broadcasting and Cotton Before the Valley jointly filed the above petition (RM-6707). The sec Federal Communications Commission ond petitioner, G. Dean Pearce ("Pearce"), requested the Washington, D.C. 20554 allotment of Channel 232C2 to Ellisville, Mississippi, as that community's second local broadcast service (RM- 6799). The third petitioner, Faulkner-Phillips Media, Inc. ("Faulkner-Phillips"), licensee of Station WMML-FM, Bay MM Docket No. 91-303 Minette, Alabama, requested the substitution of Channel 288C3 for Channel 288A, Bay Minette, and modification of In the Matter of its license accordingly (RM-7813). In order to accommo date this change, Faulkner-Phillips requested the substitu Amendment of Section 73.202(b), RM-6707 tion of Channel 299A for Channel 228A at Butler, Alabama, and modification of the license for Station Table of Allotments, RM-6799 WQGL and substitution of Channel 227A for Channel FM Broadcast Stations. RM-7754 288A at Waynesboro, Mississippi, and modification of the (Bay Minette, Butler, RM-7813 license for Station WABO.2 The fourth petitioner, Wolff Evergreen and Jackson, Alabama, RM-7996 Broadcasting Corporation ("Wolff Broadcasting"), licensee and Bay Springs, Ellisville & RM-7997 of Station WPGG, Evergreen, Alabama, requested the sub stitution of Channel 227C1 for Channel 227C2 and modi Waynesboro, Mississippi) 1 RM-7998 fication of its license for Station WPGG to specify RM-7999 operation on the higher class channel (RM-7754).3 Faulk ner-Phillips, Cotton Valley, Wolff Broadcasting and Butler Broadcasting filed comments supporting their respective REPORT AND ORDER proposals. Pearce withdrew his proposal to add Channel (Proceeding Terminated) 232C2 at Ellisville, Mississippi, on December 13, 1991. Since no comments were received in support of an addi Adopted: June 23, 1994; Released: July 6, 1994 tional channel at Ellisville, no further consideration will be given to the allotment of an FM channel in the commu By the Acting Chief, Allocations Branch: nity. Mississippi College ("MC") filed comments support ing Option I of the Notice. Martin Broadcasting Company 1. The Commission has before it for consideration the ("Martin"), licensee of Station WABO-FM, Waynesboro, Notice of Proposed Rule Making and Order to Show Cause, Mississippi, submitted comments in response to the Order 6 FCC Red 6012 (1991), issued in response to four sepa to Show Cause. James Ducker ("Ducker") (RM-7998) rately filed conflicting petitions for rule making. The first counterproposed the allotment of Channel 232C3 at petitioner, Butler Broadcasting Corporation ("Butler Sandersville. Mississippi, but withdrew his counterproposal Broadcasting"), licensee of Station WQGL, Butler, Ala on July 28, 1993.4 Radio Station WHOD, Inc. ("WHOD, bama, requested the substitution of Channel 228C2 for Inc.") filed a counterproposal for Jackson, Alabama (RM- Channel 228A and modification of its license to specify 7997).5 Counterproposals were also filed by Thomas Wil operation on the higher class channel. Cotton Valley liam Hickman, III ("Hickman"), licensee of Station Broadcasting Co. ("Cotton Valley"), licensee of Station WMFM(FM), Petal, Mississippi, and Newton Broadcasting WIZK-FM, Bay Springs, Mississippi, proposed the substitu Company, Inc. ("NBCI"), licensee of Station WMYQ(FM), tion of Channel 232A for Channel 228A and modification Newton, Mississippi (RM-7999) and by G. Dean Pearce ("Pearce") (RM-7996).6 Butler, Wolff Broadcasting, 1 The community of Jackson, Alabama, has been added to the tion of Channel 288C3 for Channel 288A at Bay Minette, Ala caption. bama, substitution of Channel 227C1 for Channel 227C2 at 2 The Butler Broadcasting/Cotton Valley and Faulkner-Phillips Evergreen, Alabama, allotment of Channel 232C3 at proposals may be examined pursuant to the rules governing Sandersville, Mississippi, substitution of Channel 292C2 for minimum distance separation requirements in effect prior to Channel 292A at Petal, Mississippi, and substitution of Channel October 2, 1989, since the petitions were filed before that date. 288A or Channel 288C2 for Channel 292A at Newton, Mis 3 On October 26, 1992, the Commission modified the call of sissippi. Option II included the same communities as listed in sign of Station WUK-FM, Evergreen, Alabama, to "WPGG." Option I with slightly different channel substitutions: the sub 4 Ducker proposed the allotment of Channel 232C3 at stitution of Channel 227A for Channel 288A at Waynesboro, Sandersville as a first local service in lieu of a second service at Mississippi, no change at Evergreen, Alabama, and substitution Ellisville and the substitution of Channel 232A for Channel of Channel 299A for Channel 228A at Butler, Alabama. It 228A at Bay Springs. The counterproposal was put on public should be noted that Channel 292A was upgraded to Channel notice on May 22, 1992, but on July 28, 1993, Ducker withdrew 292C2 at Petal, Mississippi, and Channel 250A was substituted his counterproposal for Sandersville, in compliance with Sec for Channel 292A at Newton, Mississippi, in MM Docket 90-566. tion 1.420(j) of the Commission's Rules. No supporting com See 1 FCC Red 4998 (1992); recoil, dismissed November 18, 1993. ments were received for the allotment of a channel at Pearce counterproposed the allotment of Channel 232C2 to Pet Sandersville. al, Mississippi, as that community's second local FM channel. 5 The counterproposal for Jackson, Alabama, was placed on The above counterproposals were placed on Public Notice on public notice on May 22, 1992, Report No. 1892. May 22, 1992, Report No. 1892. Upon further analysis, we have ' The counterproposal filed jointly by Hickman, licensee of determined that the counterproposals failed to include affidavits Station WMFM(FM), Petal, Mississippi, and NBCI, licensee of verifying that the statements contained in each were accurate to Station WMYQ(FM), Newton, Mississippi, gave two options. the best of the counterproponents' knowledge. Section 1.52 of Option I proposes the substitution of Channel 269A, 269C3 or the Commission's Rules requires that the original of any docu 269C2 for Channel 288A at Waynesboro, Mississippi, substitu ment filed with the Commission by a party not represented by 3154 9 FCC Red No. 14 Federal Communications Commission Record DA 94-699 Hickman, MC and Martin filed reply comments. Capitol Alabama. Also, the upgrade at Jackson is consistent with Broadcasting Corporation ("Capitol"), licensee of Station Option I of the Notice which would allow the Commission WKSJ-FM, Mobile, Alabama, WHOD, Inc., NBCI and to approve station upgrades at Butler, Jackson and Ever Beach Broadcasting Limited Partnership ("Beach Broad green instead of merely providing a second local service at casting") filed comments in response to the four counter Ellisville. proposals. On April 13, 1994, Faulkner-Phillips withdrew 4. In comments, Butler Broadcasting continues to sup its petition for rule making (RM-7813) in compliance with port the substitution of Channel 228C2 for Channel 228A Section 1.420(j) of the Commission's Rules. Therefore, no at Butler, Alabama, and substitution of Channel 232A for further consideration will be given to Faulkner-Phillips' Channel 228A at Bay Springs, Mississippi. Butler Broad proposal or to responsive comments. Late-filed comments casting also supports the substitution of Channel 227C1 for were received from Pearce and Wolff.7 Channel 227C2 at Evergreen, Alabama. According to But 2. In response to the petitions, the Notice solicited com ler Broadcasting, adoption of Option I will result in signifi ments on the following options: cant new service to underserved areas. Butler Broadcasting states that Channel 228C2 at Butler will provide a second full-time aural service to 135 people in a 27 square OPTION I kilometer area while none of the proposals in Options II and III provide any service under the Commission's top Channel No. three allotment criteria. Furthermore, Channel 228C2 will Community Present Proposed provide new service to a significant underserved area (less than five existing services) of approximately 1,152 square Butler, Alabama 228A 228C2 kilometers with an estimated population of 8,480 people Bay Springs, and the upgrade at Evergreen, which is part of Option I, Mississippi 228A 232A would also result in service to an underserved area of 163 Evergreen. Alabama 227C2 227C1 square kilometers with an estimated population of 4,054 people. Butler Broadcasting requests that the Commission adopt Option I as it best serves the public interest. Butler OPTION II Broadcasting has an agreement with Cotton Valley to reim burse Cotton Valley for its expenses in connection with the Ellisville, frequency change at Bay Springs. Mississippi 272A 232C2,272A 5. Cotton Valley, licensee of Station WIZK-FM, Bay Springs, Mississippi, supports Option I and modification of Bay Minette, its license to specify operation on Channel 232A to accom Alabama 288A,293A 288C3,293A modate the upgrade proposal at Butler. MC, licensee of Butler, Alabama 228A 299A Station WHJT, Clinton, Mississippi, also supports adoption Waynesboro, of Option I. MC states that it currently operates at three Mississippi 288A 227A kilowatts on Channel 228A and is foreclosed from seeking additional power due to the nearby location of Station WIZK-FM, Bay Springs, Mississippi, which is also licensed OPTION III on Channel 228A. The substitution of Channel 232A for Channel 228A at