FCC Web Documents citing 73.208
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there
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- a distance calculation be rounded to the nearest whole kilometer. By contrast, section 90.309(a)(1) of our rules (the distance calculation rule under Subpart L of Part 90 for Private Mobile Services authorized in the 470-512 MHz band) incorporates the calculation method from section 73.611 (the Broadcast TV distance calculation rule). Section 73.611(d), in turn, incorporates the calculation method from section 73.208(c) (the FM Broadcast Station distance calculation rule), but provides that the result of that calculation shall be rounded to the nearest 0.1 kilometer. The section 73.208(c) and section 22.157 calculation methods are identical. Parts 20, 21, 24, 27, 80, 87, 95, 97 and 101, and other Subparts of Part 90 currently do not specify a distance calculation method. Applying a
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- willnotrequirethemtofileasurpmaryofletters receivedwiththeirrenewal,eveniftheyvoluntarilyretaintheletterstheyreceive.Webelievethisis consistentwiththeplainmeaningofthestatute.Wealsonotethatreportsregardingviolenttelevision programminghaveraisedlittleconcernabouttheprogrammingairedbynoncommercialeducational televisionstations.90 38.OwnershipReportsforNoncommercialEducationalStations.TheReportandOrdermade aneditorialamendmenttothepublicfilerulefornoncommercialeducationalstations,47CFR 73.3527, toaddtherequirement,previouslyomitted"thatthosestationsretainintheirpublicfiles,acopyoftheir mostrecentlyfiledcompleteownershipreport(FCCForm323-E)"togetherwithanysubsequent supplementalreportorstatement filedwiththeFCCcertifyingthatthecurrentreportisaccurate...."91 Wemadethischangetoreflectthesamerequirementintherulegoverningownershipreports,47CFR 73.3615.PublicBroadcastersrequestthatwedeletetherequirementthatnoncommercialeducational stationsfilecertificationsthatthecurrentownershipreportisaccurate.Theyclaimthesecertificationsare filedonlybycommerciallicenseesbecausenoncommercialeducationallicenseesfiletheirownership reportsonadifferentschedulethancommercialJicensees.92 39.Wewillretaintheruleasrevised.Inthe MassMediaStreamliningReportandOrder/3we amendedSection73.3615torequirenoncommercialeducationalstationstofileownershipreportswith thesamefrequencyascommercialstationsarerequiredtofiJe.94TherequirementinSection73.3527that II 91 92 APTS Petitionat6-7. See 13FCCRed15718,n.130. SeeTheUCLATelevisionViolenceReport,1996 atISO-53. 47CFR 73.3527(e)(4). PublicBroadcastersPetitionat9. 11127 FederalCommunicationsCommission noncommercialeducationallicenseesretaininthepublicfilethemostrecent,completeownershipreport onfilewiththeFCCforthestation,andacertificationthatthecurrentreportisaccurate,isfully consistentwiththisamendmenttoSection73.3615. C.MiscellaneousMatters 40.Issuanceof"ThePublicandBroadcasting."IntheReportandOrderwestatedthatthe Commission's staffwouldissue arevisedversionofthebroadcastmanual,"ThePublicandBroadcasting." NABasksthattheCommissionsolicitpubliccommentonthismanualpriortoissuingit.95NABargues thatbecausethemanualisarequiredelementofthepublicfile,thepublicandbroadcastersshouldhave theabilitytopreviewthedocumenttoverifyitsaCCl,lracyandtoproposechangestomakesurethemanual isausefultoolforthepublic.% 41.Wedonotbelievethatitisnecessarytosolicitpubliccommenton"ThePublicand Broadcasting"asrequestedbyNAB.Themanualismerelyasummaryofourexistingpoliciesandrules relatingtobroadcaststations,includingthechangestotherulesenacted inthisdocket.Itwillberevised fromtimetotimeandissuedontheCommission'swebpagesothatstationscankeepthemostupdated versionintheirpublicfiles.Wedisagreethatthisdocumentrequiresnoticeandcomment.Themanual willnoteffectuateanyrulechange,butmerelyprovidesageneralsummaryofourrulesandpoliciesfor thepublic.97. 42.OfficialSourceforCity-CenterCoordinates.Asstatedabove,intheReportandOrderwe amendedtherulegoverningmainstudiolocationtoallowastationtolocateitsmainstudioatanylocation thatiswithineithertheprincipalcommunitycontourof anystation,ofanyservice,licensedtoits communityoflicenseor25milesfromthereferencecoordinatesofthecenterofitscommunityoflicense. ForCommissionlicensingpurposesassetforthinSection73.208ofourrules,acommunity'sreference coordinatesaregenerallythecoordinateslistedintheUnitedStatesDepartmentofInteriorpublication entitled"IndextotheNationalAtlasoftheUnitedStates"("AtlasIndex"). Analternativereferencepoint, ifnoneislistedintheAtlasIndex, arethecoordinatesofthemainpostoffice.98Inaletterfiledon November10,1998HammettandEdison,Inc.arguesthattheAtlasIndexisout-of-dateandout-of-print andthusrequiresreplacement.Itclaimsthattheproblemwiththissourceisthatparties willnoteasily beabletodetermineifacommunityisnotlistedintheAtlasIndex,andwillthushavedifficultyfinding asitefortheirmainstudiousingthemileagecriteria.ItsuggestsasanalternativesourcetheU.S.Census GeographicNamesInfonnationSystemCD-ROMasaCommission-wideofficialsourcebecauseitis 9) SeeReportandOrder inMMDocket98-281,13FCCRed23056,23094(1998)("MassMedia Streamlining"). 9-t MassMediaStreamlining amendedthatfiling periodtoeverytwoyears.See13FCCRedat23094. ThatReportandOrder alsoamendedSection73.3527(e)(4)todeletethereferencetoany"SUbsequent supplementalreport."IdWewillmakethatchange intherule. 11128 FederalCommunicationsCommission electronicallyavailableandiscontinuouslyupdated.99 FCC99-118 43.WearenotamendingSection73.208(aXl)atthistime.Wedonotbelievethatthischange .isnecessaryatthistimeandisbeyondthescopeofthisproceedingasitwouldaffecttheuseofcity- centercoordinatesforotherlicensing Wedonotanticipatemanyinstancesinvolvinga discrepancywithcity-centercoordinates.Intheeventproblemswithcommunitycoqrdinatesarise,we willaddressthemonacase-by-casebasis. 44.MainStudioIssues.CornerstoneBroadcastingCorporationasksthatweclarifythatstations operatingpursuanttoamainstudioorpublicfilewaiverpriortotheReportandOrderinthisproceeding who.arenowincompliancewithourrules,berelievedofspecialobligationsplacedonthemasa conditionofgrantofthewaiver.looCornerstonecitestoobligationssuchasregularvisitstothe communitybystationmanagement,establishmentofaCitizensAdvisoryBoardtomeetwithstation managementtwiceayear,coverageoflocaleventsinprogramming,maintenanceofthepublicfileinthe communityandprovidingtoll-freetelephoneservicetothecommunitywhichitadmitsarearestatement ofalicensee'sobligationunderanycircumstances.lOlToaddressCornerstone'sconcerns,weclarifythat stationswhosewaiversaremootbecausetheiroperationsnowareincompliancewiththeCommission's ruleswithrespecttomainstudiolocationarenolongersubjecttoanyconditionsplacedonthem.bya previouslygrantedwaiverofthemainstudioorpublicfilerules.Thesestationsare,however,ofcourse obligatedtocomplywithallCommissionRules,includingthoseregardingtoll-freetelephoneserviceand coverageoflocalissues,justasallotherlicensees. 45.CedarvilleCollegealsofiledaPetitionforClarificationorDeclaratoryRulingrequestingthat noncommercialeducationalstationsthatoperateassatellitestationspursuanttoamainstudiowaiverbe allowedtolocatetheirpublicfilesatthemainstudioofthemain"feeder"station.102IntheReportand Order,westatedthatallstations,includingthoseoperatingpursuanttoamainstudiowaiver,wouldbe requiredtolocatetheirpublicfilesattheirmainstudios,whereverlocated.103Weherebyclarifythatthis 9S NABPetitionat12. Jd 97 WehavedelegatedthetaskofupdatingthemanualtotheMassMediaBureau.TheBureauhas withheldissuingthismanualpendingresolutionofthepetitionsforreconsideration inthisproceeding.We expectthattheBureau willissuetherevisedmanualshortlyafteradoptionofthisMemorandumOpinionand
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- provide either the purchase order or serial number for each of the 5500 transmitters to be operated under the authorization requested. 3. Discussion. Dial correctly notes that the Commission's Part 90 rules do not specify the method of calculating distance for purposes of Section 90.313(c). Calculating the distance between the stations in accordance with the guidelines set forth in Section 73.208(c) of the Commission's Rules, we find it to be 64.1 kilometers, which is greater than the 64 kilometers separation that Section 90.313(c) requires. Therefore, we find no basis for dismissing or denying NSTN's license application. We also conclude that Dial's request to require NSTN to supply either the purchase order or the serial number for each of the proposed transmitters
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- new allotments at both North Canaan and Rhinebeck. In regard to the Rosendale applicants being required to amend their respective applications to specify a new channel and transmitter site, we note that the Sacred Heart Petition for Rule Making proposing the Channel 255A substitution at Rosendale was filed prior to the filing of the Rosendale applications. In accordance with Section 73.208 of the Rules, these applicants are not entitled to have their individual transmitter site preferences protected by an earlier rulemaking proposal. See also Conflicts Between Applications and petitions for Rule making to Amend the FM Table of Allotments, 6 FCC Rcd 7346 (1991). In regard to the second matter, the Eric Straus reference to a loss of auction revenue does
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- new allotments at either North Canaan and Rhinebeck. In regard to the Rosendale applicants being required to amend their respective applications to specify a new channel and transmitter site, we note that the Sacred Heart Petition for Rule Making proposing the Channel 255A substitution at Rosendale was filed prior to the filing of the Rosendale applications. In accordance with Section 73.208 of the Rules, these applicants are not entitled to have their individual transmitter site preferences protected by an earlier rulemaking proposal. See also Conflicts Between Applications and petitions for Rule making to Amend the FM Table of Allotments, 6 FCC Rcd 7346 (1991). In regard to the second matter, the Eric Straus reference to a loss of auction revenue does
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- Dalles and the comparative analysis between the upgrades at Banks and Corvallis. These are: (1) a reserved band frequency is available for use at The Dalles; (2) a fully spaced station operating on Channel 268C3 will not be able to place a city-grade signal over The Dalles; (3) a non-conflicting allotment, Channel 256C3, is available at The Dalles; (4) Section 73.208(a)(3)(iii) of the Rules should have precluded consideration of Channel 268C3 at The Dalles; and (5) LifeTalk's failure to state affirmatively that it would build the requisite tall tower rendered its expression of interest defective. Argument (5) was made and addressed in the Report and Order and we will not address it further. Arguments (1) through (4) rely on new facts
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- the Cox counterproposal, the substitution of Channel 262A for Channel 247A at Dadeville, Alabama, which is required to accommodate the upgrade and reallotment of Station WRLR(FM) from Homewood to Gardendale, Alabama, was short-spaced to the licensed site for Station WWWQ(FM), Channel 263C, Anniston, Alabama. As such, RSI's proposed reallotment at Helena and Cox's proposed channel substitution at Dadeville violated Section 73.208(a)(1)(i) of the Rules. This rule section requires that rulemaking petitions or counterproposals seeking to amend the FM Table of Allotments must clear existing station authorizations such as the licensed site for Station WWWQ(FM), Channel 263C, Anniston, Alabama. 4. While Station WWWQ(FM) was granted a reallotment and downgrade to move to College Park, Alabama, on Channel 263C3, a petition for reconsideration
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- In Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, the Commission specifically clarified the consequence of a grant of a one-step application to change a station channel or upgrade its class. The Commission stated that the grant of the application amends the FM Table of Allotments and, unlike routine minor change applications under Section 73.208 of the Rules, the formerly licensed facilities are no longer protected. In this situation, the grant of the Station WYAI application to upgrade to Channel 287C1 was final before the Joint Parties filed its Amended Proposal and the former Station WYAI facility on Channel 288A is therefore no longer an impediment to a Channel 288C2 allotment at Hoover. 13. In
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- of directional antennas. 73.152 Modification of directional antenna data. 73.183 Groundwave signals. SUBPART B - FM BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of FM radio equipment and licenses. Need: These rules prescribe certain technical requirements and procedures for FM broadcast radio services. Legal Basis: 47 U.S.C. 154, 303, 334, 336. Section Number and Title: 73.208 Reference points and distance computations. 73.215 Contour protection for short-spaced stations. SUBPART E - TELEVISION BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of television broadcast equipment and licenses. Need: These rules prescribe certain technical requirements and operating procedures for television broadcast services. Legal Basis: 47 U.S.C. 154, 155, 303, 334, 336. Section Number and Title:
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- geographic area and on a frequency channel that already is licensed permanently to the applicant(s), i.e., there is no infringement of new spectrum or previously uncovered geographical areas.'' Southwestern Bell has certified that Station KNDH570 was placed into operation in November, 1983. See Letter from Preston Johnson, supra note 9. See Waiver Request at 1. Using criteria found in Section 73.208(c) of the Commission's Rules, our Universal Licensing System database calculates that the distance between Southwestern Bells' and Houston's stations in and around the Houston, TX area is 12.119 miles (19.504 km). See Letter from Kenneth C. Yoder, supra note 14. See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHZ
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- Audio Division has before it the multiple-docket Report and Order, DA 03-631, released March 14, 2003. That order granted the request of Charles Crawford to allot Channel 243A at Evant, Texas as the community's first local aural transmission service, as proposed in this proceeding, MM Docket No. 01-188. Because the proposed allotment is not in compliance with Sections 73.207(b) and 73.208(a)(3) of the Commission's Rules, we are, on our own motion, setting aside that allotment. 2. Accordingly, and under Section 1.113 of the Rules, the allotment of Channel 243A at Evant, Texas in the aforementioned Report and Order is HEREBY SET ASIDE. 3. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202)418-7072. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos
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- Auburn, AL, 17 FCC Rcd at 16229, citing Cut and Shoot, TX, 11 FCC Rcd at 16383 (M.M. Bur. 1996) (dismissal of a rulemaking petition that was fully spaced to an outstanding construction permit of another station but was short-spaced to the licensed site of the station affirmed because the proposal was required to clear all existing authorizations under Section 73.208(a) and was contingent on the building and licensing of the facilities set forth in the construction permit). Id., citing Esperanza, Puerto Rico, and Christiansted, Virgin Islands, 11 FCC Rcd 2908 (M.M. Bur. 1996) (dismissal of a rulemaking petition affirmed because the request relied on an effective but not final rulemaking action due to the pendency of a petition for reconsideration
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- Order terminating this proceeding. Nation Wide Radio Stations has withdrawn its expression of interest in this allotment. In accordance with Section 1.420(j) of the Rules, Nationwide Radio Stations states that neither it nor any of its principals have been paid or promised any consideration for the withdrawal of its expression of interest in the Quanah allotment. See Note to Section 73.208 of the Rules; see also Conflicts Between Applications and Petitions for Rule Makingto Amend the FM Table of Allotments, 8 FCC Rcd 4743 (1993). See Oxford and New Albany, Mississippi, 3 FCC Rcd 615 (MM Bur. 1988), recon. 3 FCC Rcd 6626 (MM Bur. 1988); see also Cut and Shoot, Texas, 11 FCC Rcd 16383 (MM Bur. 1996). See Implementation
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- information regarding the proceeding listed above, contact Kathleen Scheuerle, (202)418-2180. 7. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau See Rising Star, Texas, 18 FCC Rcd 15402 (MB 2003). See Gosnell and Osceola, Arkansas; Germantown and Ripley, Tennessee, 4 FCC Rcd 6170 (MMB 1989). See 47 C.F.R. 73.208. (...continued from previous page) (continued....) Federal Communications Commission DA 03-3746 Federal Communications Commission DA 03-3746 @ h J h\ h F 9 9 9 9 0 2 3 4 6 7 : : : 3 5 6 7 : 3 5 6 7 : 0 3 5 6 : 3 5 6 : \ : 9
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- a one-step application to upgrade its allotment to Channel 294C2 on March 7, 1996 (File No. BMPH-960307IC). In view of the fact that Greater Lynchburg did not file its Petition for Rule Making proposing the Channel 294A allotment until March 13, 1996, the filing of the one-step upgrade application precludes consideration of a subsequent petition for rule making under Section 73.208(a)(3) of the Rules. In its Reply Comments, Greater Lynchburg contends that the Station WKVE one-step application was unacceptable for filing and therefore should not preclude consideration of its Petition for Rule Making. Subsequently, on December 23, 1997, we granted the Station WKVE one-step Class C2 upgrade application. On October 30, 2003, the Commission denied an Application for Review directed against
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- Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Quanah, Texas et al. 18 FCC Rcd 9495 (MB 2003). Nation Wide Radio Stations withdrew its expression of interest in this allotment, and in accordance with Section 1.420(j) of the Rules, this proposal was dismissed in the Report and Order. See Note to Section 73.208 of the Rules; see also Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, 8 FCC Rcd 4743 (1993). 17 FCC Rcd 994 (MMB 2002) (the ``Request''). An application on file by the comment date in a rulemaking proceeding is an ``expression of interest'' functionally equivalent to a counterproposal. See Detroit, Texas, et al.,
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- Section 1.420(i) of the Commission's Rules, Family's current Channel 282C3 at Hartford, Vermont, must be mutually exclusive with the proposed reallotment of Channel 282C3 at Keeseville under our minimum distance separation rules. Then, to be considered as a counterproposal Hall's proposed allotment must be mutually exclusive with the proposed reallotment of Channel 282C3 at Keeseville, but also protect, under Section 73.208(a), the existing authorization for Station WWOD(FM), Channel 282C3, at Hartford. . Id. at 4874. Royston and Commerce, Georgia, 15 FCC Rcd 5676 (MMB 2000); Bay Springs, Ellisville, and Sandersville, Mississippi, 14 FCC Rcd 21339 (MMB 1999). Although this issue is now moot, Hall's proposed use of Channel 282A was permissible. We have determined that Hall's site met the requirements of
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- Twelfth Street, SW, Washington, D.C. This request to allot Channel 296A to Las Vegas, New Mexico, conflicts with a pending rulemaking request by Sierra Grande Broadcasting (``Sierra Grande'') to allot Channel 296C1 to Cimarron, New Mexico. Nevertheless, Sierra Grande's request must be dismissed because it conflicts with the licensed transmitter site of Station KNKN(FM), Channel 296C2, Pueblo, Colorado. See Section 73.208(a)(1)(i) of the Commission's rules and Cut and Shoot, Texas, 11 FCC Rcd 16383 (MMB 1996) (rulemaking proponent must meet the distance separation requirements for both licensed sites and construction permit sites). . See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990).
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- rules. Second, the Christian Broadcasting Counterproposal did not submit an engineering exhibit demonstrating that its Counterproposal would be in compliance with Commission technical requirements. Even if we were to assume that Christian Broadcasting intended to propose the same coordinates proposed by Cochise Broadcasting, its Counterproposal for a Channel 267C3 allotment at Corona de Tucson would be in contravention of Section 73.208(a)(1) of the rules because it is short-spaced to the Station KKYZ authorization on Channel 269A. Third, there is no basis to reserve a Channel 267C3 allotment at Corona de Tucson for NCE use because Christian Broadcasting did not demonstrate that use of the reserved band is technically precluded or that the proposed facility would provide either a first or second
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- 18 FCC Rcd 4461 (MB 2003). Jacor Broadcasting is now the licensee of Station KTCL. Reclassification of License of Station KRFX, Denver, Colorado, 18 FCC Rcd 3220 (MB 2003). 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules (``Biennial Review''), 15 FCC Rcd 21649 (2000). Id. at 21664. See 47 C.F.R. 73.208(a). C. f. Ashbacker Radio Corporation v. FCC, 326 U.S. 327 (1945)(requires two bona fide applications in order to have comparative consideration). (...continued from previous page) (continued....) Federal Communications Commission DA 04-2463 Federal Communications Commission DA 04-2463 @ J hh| hh| F - - tm u h|
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- as a first local service and modified the Station WCXT license to specify operation on Channel 287B at Coopersville. In doing so, we dismissed the Fort Bend Counterproposal. We dismissed this Counterproposal for two reasons. First, the proposed Channel 287A substitution at Glen Arbor was short-spaced to the Station WCXT license on Channel 287C2 at Hart in contravention of Section 73.208 of the rules. Second, the Counterproposal proposed the allotment of Channel 227A to Frankfort as a backfill to the removal of the sole local service at Frankfort. In this regard, the Commission had specifically instructed the staff to cease this practice. Thereafter, Fort Bend filed a Petition for Partial Reconsideration directed against the dismissal of its Counterproposal. 4. In support
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- file applications to implement the proposed relocations in the event the Joint Petitioners' proposal is adopted. 5. The rules do not permit the acceptance of proffers of hypothetical transmitter site relocations to change reference points for licensed stations. Section 73.207 of the Commission's rules establishes minimum distance separations between and among allotments and assignments in the non-reserved FM band. Section 73.208(a) sets forth a hierarchy of reference points that ``must be used'' in FM allotment proceedings to determine compliance with Section 73.207 protection standards. The ``first'' of these, applicable here, is authorized transmitter sites. As a result, these stations cannot avail themselves of the reference point relocation provisions of Section 73.208(a)(2). That subsection is explicitly limited to calculations based on ``community
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- 26, 2004, Lakeshore filed a Leave to Amend and an Amendment to its counterproposal to modify this aspect of its counterproposal in light of the Bureau's recent decision in Gunnison, et al., Colorado, and Laramie, Wyoming, DA 04-2908 (MB, rel. Sept. 20, 2004) holding that requests to modify transmitter site location to accommodate rulemaking petitions are not allowed under Section 73.208 of the Commission's rules. Lakeshore proposes modify Station KZZP(FM)'s license to operate on Channel 282C0 in lieu of Channel 284C, and remain at its current site. In light of our decision below, this request is denied as moot. These factors are: 1) the extent to which the community residents work in the larger metropolitan area, rather than the specified community;
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- of fact or law, or presents new facts or changed circumstances which raise substantial or material questions of fact which otherwise warrant Commission review of its prior action. We recognize that the Petitioner has alleged new facts. However, the Commission's records show that the licensed site for FM Station WJDC is 33-26-36 NL and 86-52-50 WL. In this instance, Section 73.208 of the Commission's rules, requires that licensed sites must be used to determine minimum distance separation requirements when considering petitions to amend the FM Table of Allotments. On the basis of the record in this rulemaking proceeding, we will not ignore or change the licensed site for FM Station WJDC merely to bring this proposal into compliance with our minimum
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license, or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). See, e.g., Cedarville College, 6 FCC Rcd 538 (1991); Sound of Life, Inc., 4 FCC Rcd 8273 (1989); Nebraska Educational Television Commission, 4 RR 2d 771 (1965). Id. Federal Communications Commission Washington, D.C. 20554 @ A ) " Z&N%.Rs; K ܍ EE" nf]tmNX.M;g ?- % R rtb5Ck -=7\x4]yn5C츴 E-bz ; ȕ`Պ''@" i}m'' u}3Pu "w) W wUG3-\kRIU-KU]"f'krw-tmziպ(R)'b'tmq@ pM
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- can be substituted for Channel 265C3 at Lebanon as agreed by CBC of Marion County, Inc., licensee of Station WLSK. If the Amended Proposal is granted, Channel 265A would be reallotted from Lebanon to Springfield as requested by the Joint Parties. Discussion. In this instance, we find it unnecessary to consider the request for severance. The Amended Proposal violates Section 73.208(a)(1)(i) of the Commission's rules. Specifically, the reallotment of pre-1964 grandfathered Station WWTN(FM), Channel 259C from Manchester to Hendersville is short-spaced to a pending modification application for Station WRJF(FM), Channel 260C3, Eva, Alabama. Accordingly, we dismiss the Amended Proposal. We find that the Indiana Community counterproposal is contingent on the reallotment of Channel 262A from Connersville to Norwood, and is not
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- the acceptance of transmitter site relocations for authorized stations in FM allotment proceedings. The Joint Reconsideration Petitioners filed their Petition for Reconsideration contesting against the new policy cited in the Report and Order. The Joint Reconsideration Petitioners state that the decision made in the Report and Order was in error. The Joint Reconsideration Petitioners argue that nothing contained in Section 73.208(a)(1) forecloses the use of a theoretical site coupled with a commitment by the licensee to apply for a site that complies with the minimum spacing rules of Section 73.207. The Joint Reconsideration Petitioners also argue that Section 73.208(a)(2) does apply to authorized stations. Moreover, the Joint Reconsideration Petitioners assert that the staff misinterpreted Section 73.208(a)(1) because it failed to effectuate
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- requirements with respect to the transmitter site specified in the construction permit for Channel 252C3 at Scottsboro. We note that Pulaski, the petitioner in this proceeding, is also the licensee of Station WKEA-FM, Scottsboro, Alabama. Under these circumstances, we tentatively conclude that the proposed allotment of Channel 252C3 at Loretto meets the Commission's spacing requirements and is consistent with Section 73.208(a)(1) of the Commission's rules. 47 C.F.R. 73.208(a)(1). See 47 C.F.R. 1.415 and 1.419. See Certification that Section 603 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 Fed.Reg. 11549 (February 9, 1981). See 44 U.S.C. 3506(c)(4). Federal Communications Commission DA 05-716 Federal Communications Commission DA
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- channel Stations WZZN, Channel 234B, and WLIT, Channel 230B, Chicago, Illinois. In its Petition for Rule Making, Elgin Broadcasting proposed increasing the existing short-spacing by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third
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- As the Commission explained in the similar context involving a one-step FM station application, ``[s]uch a grant amends the table of allotments and modifies that station license to operate on the new channel and/or class. During the construction period, the licensee may continue to operate the previously authorized facilities on an interim or `implied Special Temporary Authority' basis.'' Under Section 73.208(a), a petitioner must provide Section 73.207 spacing to all pending applications. Because the Petitioner's proposal fails to specify a fully-spaced transmitter site with regard to the Shawsville applications, it must be denied. Finally, contrary to the Petitioner's assertion, Beloit Broadcasters, Inc. v. FCC, is distinguishable. Therein, the Court held that the grant of an interim authorization to operate on 1380
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Sec. 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- Amend the FM Table of Allotments (``Conflicts''), the Commission clearly states that a construction permit application is entitled to cut-off protection as of the date it is filed with the Commission from subsequently filed conflicting applications and petitions for rule making, and that later filed applications and petitions are subject to dismissal. There is no indication in Conflicts or Section 73.208(a) (3) of the Commission's Rules, that the dismissal of later filed petitions is applicable to only those filed by another party. We recognize the potential for abuse where the same party files an application and then files its own conflicting petition for rule making to cut off competing petitions or counterproposals from another party. Therefore, consistent with Conflicts and Section
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- BPH-19990217IB, are 33-51-40 NL and 98-38-52 WL. The Joint Parties propose to change those coordinates to 33-32-30 NL and 98-46-30 WL. See ``Request for Approval of Withdrawal'' filed by Linda Crawford on June 21, 2006. See ``Request for Approval of Withdrawal'' filed by Jeraldine Anderson on June 22, 2006. See 47 C.F.R. 1.420(j). See 47 C.F.R. 73.207 and 73.208. Archer City, Texas, Report and Order, 18 FCC Rcd 15,532 (MB 2003) (``Archer City R&O''). The construction permit (BPH-19990217IB) for FM Station KRZB, Channel 248C2, Archer City, Texas, was reinstated on January 12, 2006. See Broadcast Applications, Report No. 26152, Public Notice (Media Bur., rel. Jan. 17, 2006). See Claremont, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas, Memorandum Opinion
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). 47 C.F.R. 73.1125. ``Request for Temporary Waiver of Main Studio Rule'' at 2 (Opposition Attachment 1). Amendment of Sections 73.606(b), Table of Allotments, Television Broadcast Stations (Goldfield and Tonopah, NV), PRM-02MB, ``Supplement to Petition for Rulemaking,'' July 30, 2003, at 3-4 (available at http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_doc ument=6514383292). Letter from Clay Pendarvis, Assistant Chief, Video Division, Media Bureau to Jason S. Roberts,
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- Wenden, and Wickenburg, Arizona, 20 FCC Rcd 15202. Two commercial FM stations and one AM station are on the air. FM Channel 209 is vacant. See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917 (1992), pet. for recon. granted in part, 8 FCC Rcd 4743 (1993). See 47 C.F.R. 73.208(a)(1) and (a)(3), as well as note 4, supra. Federal Communications Commission DA 06-730 Federal Communications Commission DA 06-730 L m n '' hm $ _ d 3- m
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- Madison and Richmond, Indiana, Erlanger and Lebanon, Kentucky, and Norwood, Ohio, and Lebanon, Lebanon Junction, New Haven and Springfield, Kentucky, we dismissed a similar proposal filed by the Joint Parties because the proposed reallotment of Channel 259C from Manchester to Hendersonville, Tennessee, and modification of the Station WWTN license to specify Hendersonville as the community of license, would contravene Section 73.208(a)(1)(i) of the Commission's rules. Specifically, this reallotment would be short-spaced to the pending modification application for Station WRJF, Channel 260C3, Eva, Alabama. The Joint Parties filed a Petition for Reconsideration directed to that dismissal. Thereafter, Cumulus Licensing LLC, licensee of Station WWTN and one of the Joint Parties, dismissed its pending application to maintain Class C status for Station WWTN
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- Rule Making. In response to the Notice, the Joint Parties submitted a modified proposal (the ``Amended Proposal''). In the Report and Order in this proceeding, we dismissed the Amended Proposal because the proposed reallotment of Channel 259C from Manchester to Hendersonville, Tennessee, and modification of the Station WWTN license to specify Hendersonville as the community of license, would contravene Section 73.208(a)(1)(i) of the Rules. Specifically, this reallotment would be short-spaced to the pending modification application for Station WRJF, Channel 260C3, Eva, Alabama. In the Petition for Reconsideration, Cumulus Licensing, LLC, licensee of Station WWTN, stated that it had dismissed its application to maintain Class C status for Station WWTN and accepted reclassification as a Class C0 station. In view of this
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- an outstanding Station KCYQ construction permit, Channel 244C would be short-spaced to two vacant channels, Channel 246A at Beaver, Utah, and Channel 244C at Mesquite, Nevada based on Station KCYQ's currently licensed site. Mid-Utah argues that under the Commission's policy in Cut and Shoot, Texas, an allotment proposal must protect both the license site and construction permit site under Section 73.208(a) of the Commission's Rules. Mid-Utah also filed a counterproposal requesting the allotment of Channel 231C at Boulder Town, Utah, and the reallotment of Channel 229C from Richfield to Mount Pleasant, Utah. In response to the counterproposal, Petitioner stated that Channel 244C would also work at Mount Pleasant, and suggested that alternate Channel 284C be allotted at Boulder Town so that
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- Coast counterproposal is technically defective pursuant to Section 73.315 of the Commission's rules with respect to the proposed Channel 299C substitution at Lusk. Specifically, there is a major obstruction in the direction toward the community, which prevents the proposed 70 dBu contour from providing one hundred percent 70 dBu coverage to Lusk. Additionally, the proposed Lusk channel substitution violates Section 73.208(a)(1) of the Commission's rules because Channel 299C is short-spaced to the licensed site of Station KRVK, Channel 300C, Midwest, Wyoming. We recognize that Station KRVK has a pending application to specify operation as a Class C1 facility at Midwest to which the proposed Channel 299C at Lusk protects. However, the proposed Lusk channel substitution must protect the licensed site of
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- Knox City, Seymour and Wellington, Texas, and Ardmore, Durant, Elk City, Healdton, Lawton and Purcell, Oklahoma. See Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments (``Conflicts''), Report and Order, 7 FCC Rcd 4917 (1992), recon. denied in rel. part, Memorandum Opinion and Order, 8 FCC Rcd 4743 (1993); see also 47 C.F.R. 73.208(a)(1). Joint Parties Counterproposal in Summary and Joint Parties Supplement at 2. See Broken Arrow and Bixby, Oklahoma, 3 FCC Rcd 6507 (MMB 1988); Amboy, California, 19 12405 (MB 2004); Milford, Utah, 19 FCC Rcd 10335 (MB 2004). The reference coordinates for the Channel 297A allotment at Goldthwaite, Texas, are 31-30-00 and 98-42-23. (...continued from previous page) (continued....) Federal Communications Commission
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- See 47 C.F.R. 73.207. The FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). See 47 C.F.R. 73.208(a). BBN recognizes that the Petitioner's construction permit application for Channel 238A at Dundee was filed before the National Programmatic Act deadline of submitting Section 106 showings regarding proximity to historic structures. However, it notes that the application was granted after the Commission's rules implementing the NPA Act became effective and argues that these issues may still be relevant. See File
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there
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- between each director's residence and the proposed transmitter for each applicant.'' CCB and Iglesia note, however, that MapQuest provides driving distances but not line-of-sight distances as the Rules require. CCB and Iglesia state that they properly converted each board member's address to coordinates, and then the distance between the transmitter site and particular coordinates were measured in accordance with Section 73.208(c) of the Rules, with algorithms found on the Commission's website. Whereas Metropole's measurement study finds all of the applicants' board members living beyond the 10-mile requirement, CCB's and Iglesia's study finds all but one board member's residence within the 10-mile range. Section 73.853(b) and the Report & Order are silent as to how the 10-mile distance requirement is to be
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- BNP-20041029AHO (the ``Application''). 47 C.F.R. 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq., Letter (MB June 6, 2007). Petition at 6-7. See 47 C.F.R. 73.202(a)(2), 73.207, 73.208, 73.209(b), 73.315(a). Petition at 7 (``Without either approval of the Amendment or a waiver of Section 73.24(i), the station cannot operate.''). See id. at 3. See, e.g., 2006 Community of License Order, 21 FCC Rcd at 14218 (``[P]arties seeking to employ this procedure must file, with their applications, a detailed exhibit demonstrating that the proposed change constitutes a preferential arrangement
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- Levan, we noted that a Channel 244C station at KLGL's licensed site would be short-spaced to vacant allotments on Channel 246A at Beaver, Utah, and Channel 244C at Mesquite, Nevada. Even though Channel 244C would be rule compliant at the site specified in an outstanding Station KLGL construction permit, we determined that the proposal was defective when filed because Section 73.208 of the Rules requires a rulemaking proposal to comply with the minimum spacing requirements for both the licensed and permitted site for Station KLGL. With respect to the denial of the Mid-Utah Counterproposal, we determined that a transmitter site would not be available because the site specified in the Counterproposal is located in the Manti-La National Forest. We also noted
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- Aloha, Oregon, are 45-31-21 NL and 122-44-45 WL. The reference coordinates for Channel 243A at Seaside, Oregon, are 45-57-8 NL and 123-56-14 WL. Recently, Station KCYS(FM), Seaside, Oregon, filed an application to change its channel to Channel 243A (the ``Seaside Application''). See File No. BPH-20110503ACG. Circleville, Ohio, Memorandum Opinion and Order, 8 FCC 2d 159 (1967) (``Circleville''). 47 C.F.R. 73.208(a)(3). Cf. Cumberland, Kentucky, Weber City, Glade Spring, and Marion, Virginia, Report and Order, 21 FCC Rcd 6431, 6432 (MB 2006), recons. dismissed and granted on other grounds, Memorandum Opinion and Order, 23 FCC Rcd 86, (MB 2008) (denying FM rule making petition because a proposed channel substitution did not protect the transmitter sites specified in two previously filed applications). The
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- operation on April 15, 2011, at the construction permit site for Golden Valley, Arizona. See 47 C.F.R. 73.207. Specifically, the actual distance between the proposed reference site for Channel 287C2 at Williams and the reference site for Channel 286C0 at Wickenburg is approximately 131 kilometers, whereas the required distance between these channels is 176 kilometers. See 47 C.F.R. 73.208(a)(3)(iii) (providing that a rulemaking petition to amend the FM Table of Allotments not meeting the minimum distance separation requirements specified in a pending minor change application will not be considered unless it was filed no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments,
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- will be included in our concurrently adopted Notice of Proposed Rule Making. The Williams Petition and the Wickenburg Application are mutually exclusive with each other because (1) Channel 287C2 at Williams conflicts with Channel 286C0 at Wickenburg under the minimum distance separation requirements; and (2) both proposals were filed on the same day, September 15, 2008. See 47 C.F.R. 73.208(a)(3)(iii) (providing that a rulemaking petition to amend the FM Table of Allotments not meeting the minimum distance separation requirements specified in a pending minor change application will not be considered unless it was filed no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments,
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- Nevada, Memorandum Opinion and Order, 21 FCC Rcd 11481, 11483 (MB 2006) (``Caliente''); Monument, Oregon, Report and Order, 21 FCC Rcd 10017, n.2 (MB 2006); Dallas, Oregon, Report and Order, 20 FCC Rcd 9715, n.2 (MB 2005); and St. Florian, Alabama, Report and Order, 20 FCC Rcd 8814, 8815 (MB 2005) See Roma and Caliente, id. See 47 C.F.R. 73.208(a)(3)(iii). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917, 4919-20 (1992), recon. granted in part, 8 FCC Rcd 4743 (1993); and Amherst and Lynchburg, Virginia, 19 FCC Rcd 34 (MB 2004) (petition for rule making could not be considered when filed six days after one-step upgrade application). See 5
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- spacing between KUZZ-FM and KWVE-FM. Instead, Calvary states that KUZZ-FM must invoke Section 73.215 in increasing the short spacing, which according to Calvary would place the two stations in ``parity,'' thus allowing Calvary to go forward with its plans to implement a non-directional antenna for KWVE-FM, enabling it to serve an additional 2.5 million people. Owens responds that, under Section 73.208(c)(8) of the Rules, computations of the distance between two reference points under 475 kilometers, such as the distance between transmitters, are to be rounded to the nearest kilometer. Thus, Owens argues, a move from 221.410 kilometers to 221.317 kilometers retains the short spacing of 221 kilometers between the two stations, when rounded to the nearest kilometer. Calvary counters by accusing
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- In Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, the Commission specifically clarified the consequence of a grant of a one-step application to change a station channel or upgrade its class. The Commission stated that the grant of the application amends the FM Table of Allotments and, unlike routine minor change applications under Section 73.208 of the Rules, the formerly licensed facilities are no longer protected. In this situation, the grant of the Station WYAI application to upgrade to Channel 287C1 was final before the Joint Parties filed its Amended Proposal and the former Station WYAI facility on Channel 288A is therefore no longer an impediment to a Channel 288C2 allotment at Hoover. 13. In
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- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there must be
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- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence''
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- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence''
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- a main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1)." In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
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- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240647A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240647A1.pdf
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence''
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244165A1.pdf
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence''
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245204A1.pdf
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there must be
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- shall maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM or FM station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there must be
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250390A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250390A1.pdf
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). At the time of the attempted inspection at the station's main studio, located in the Palmarejo Ward of Lajas, Puerto Rico; the main gate was found padlocked and no personnel was available to attend the agent during an inspection. During a subsequent interview on September 8, 2004, Mr. Juan Galiano-Rivera, the station manager for WSQD, admitted to the lack of
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as a full-time managerial and full-time staff personnel. In
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). Station WBZH(FM)'s community of license is Harriman, Tennessee. On June 30, 2005, the main studio for station WBZH(FM) was located in Crossville, Tennessee. The main studio was located outside of the station's principal community contour, and there are no other stations currently licensed to Harriman. Using global positioning system equipment, the agents determined that the main studio was located 27
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Sec. 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. We conclude that the Amaturo main studio in Thousand Oaks, California, does not qualify as the main studio
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. In its response to the LOI, Hispanic acknowledged that, for several months, it did not have a ``fully-qualified
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition, there
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- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).'' In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has generally defined ``meaningful presence'' as full-time managerial and full-time staff personnel and has stated that
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- NOI 51 FR 36415 MM 89-77 TRANSFERS OF CONTROL OF CERTAIN LICENSED NON-STOCK ENTITIES NOI 54 FR 15957 MM 91-214 STATION KROQ-FM LT 6 FCC Rcd 7262 MM 93-225 AMENDMENT OF PART 73 OF THE RULES TO CLARIFY THE DEFINITION AND MEASUREMENT OF AURAL MODULATION LIMITS IN THE BROADCAST SERVICES NOI 58 FR 44483 MM 93-226 REVISION OF 47 C.F.R. 73.208, REFERENCE POINTS AND DISTANCE COMPUTATIONS NPRM 58 FR 49278 MM 93-232 AMENDMENT OF SECTION 76.51 OF THE RULES TO INCLUDE CONCORD, CALIFORNIA, IN THE SAN FRANCISCO-OAKLAND-SAN JOSE, CALIFORNIA, TELEVISION MARKET NPRM 58 FR 45312 MM 93-260 AMENDMENT OF SECTION 76.51 OF THE RULES TO INCLUDE MARION, INDIANA, IN THE INDIANAPOLIS-BLOOMINGTON, INDIANA, TELEVISION MARKET NPRM 58 FR 53696 MM 93-303 AMENDMENT
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- 73.3517 (1996), modified Streamlining of Radio Technical Rules, Report and Order, 14 FCC Rcd 5272 (1999). See, e.g., State of Oregon, Memorandum Opinion and Order, 15 FCC Rcd 15456 (2000) (affirming dismissal of application for a new construction permit that would conflict with another station's licensed facilities, despite the existing station's pending application to license different facilities). 47 C.F.R. 73.208 (a)(3)(iii). Id.; See also Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments, 8 FCC Rcd 4743 (1993). Piedmont has not demonstrated standing as a party in interest with respect to the Amherst rulemaking. No party in interest to that proceeding filed an objection to the Upgrade Application. See 47 C.F.R. 1.1914. The
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- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).'' In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has generally defined ``meaningful presence'' as full-time managerial and full-time staff personnel and has stated that
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- a distance calculation be rounded to the nearest whole kilometer. By contrast, section 90.309(a)(1) of our rules (the distance calculation rule under Subpart L of Part 90 for Private Mobile Services authorized in the 470-512 MHz band) incorporates the calculation method from section 73.611 (the Broadcast TV distance calculation rule). Section 73.611(d), in turn, incorporates the calculation method from section 73.208(c) (the FM Broadcast Station distance calculation rule), but provides that the result of that calculation shall be rounded to the nearest 0.1 kilometer. The section 73.208(c) and section 22.157 calculation methods are identical. Parts 20, 21, 24, 27, 80, 87, 95, 97 and 101, and other Subparts of Part 90 currently do not specify a distance calculation method. Applying a
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- for Channel *256C3 at The Dalles, from which the requisite city-grade coverage can be provided to The Dalles, thereby eliminating the need to allot Channel *268C3 at The Dalles. Third, the McClanathan Report contended that a fully spaced station operating on Channel *268C3 at The Dalles would not be able to place a city-grade signal over The Dalles. Fourth, Section 73.208(a)(3)(iii) of the Rules should have precluded consideration of Channel *268C3 at the Dalles because LifeTalk's rulemaking petition, filed on November 20, 1995, did not conflict with MBI's one-step upgrade application, filed on February 6, 1996. Petitioners contend that the conflict only arose with the February 13, 1996, release of The Dalles NPRM, proposing the allotment of Channel *268C3 at The
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- 50 Christiansted 5, 20 (c)Availabilityofchannels.ApplicationsmaybefiledtoconstructDTVbroadcaststations onlyonthechannelsdesignatedintheDTVTableofAllotmentssetforthinparagraph(b)of thissection,andonlyinthecommunitieslistedtherein.Applicationsthatfailtocomplywith thisrequirement,whetherornotaccompaniedbyapetitiontoamendtheDTVTable,willnot beacceptedforfiling.However,applicationsspecifyingchannelsthataccordwithpublicly announcedFCCOrderschangingtheDTVTableofAllotmentswillbeacceptedforfiling evenifsuchapplicationsaretenderedbeforetheeffectivedatesofsuchchannelchange.An applicationforauthoritytoconstructaDTVstationonanallotmentintheinitialDTVtable mayonlybefiledbythelicenseeorpermitteeoftheanalogTVstationwithwhichthatinitial allotmentispaired,assetforthinAppendixBoftheSixthReportandOrderinMMDocket 87-268,FCC97-115,adoptedApril3,1997.CopiesoftheSixthReportandOrdermaybe inspectedduringnormalbusinesshoursatthe:FederalCommunicationsCommission,1919 MSt.,N.W.,DocketsBranch(Room239),Washington,DC,20554.Thisdocumentisalso availablethroughtheInternetontheFCCHomePageathttp://www.fcc.gov.Applications mayalsobefiledtoimplementanexchangeofchannelallotmentsbetweentwoormore E-26 licenseesorpermitteesofanalogTVstationsinthesamecommunity,provided,however,that theotherrequirementsofthissectionandofsection73.623aremetwithrespecttoeachsuch application. (d)Referencepointsanddistancecomputations. (1)ThereferencecoordinatesofaDTVallotmentincludedintheinitialDTVTableof AllotmentsarethecoordinatesoftheauthorizedtransmittingantennasiteoftheanalogTV stationwithwhichthatinitialallotmentispaired,assetforthinAppendixBoftheSixth ReportandOrderinMMDocket87-268(referencedabove).Anapplicationforauthorityto constructormodifyDTVfacilitiesmayspecifyanalternatelocationfortheDTVtransmitting antennathatiswithin5kilometersoftheDTVallotmentreferencecoordinateswithout considerationofelectromagneticinterferencetootherDTVoranalogTVbroadcaststations, allotmentsorapplications,providedtheapplicationcomplieswithparagraph(f)(2)ofthis section.LocationofaDTVbroadcaststation'stransmittingantennaatasitemorethan5 kilometersfromtheDTVallotmentreferencecoordinatesmustcomplywiththeprovisionsof section73.623(c).InthecasewhereaDTVstationhasbeengrantedauthoritytoconstruct morethan5kilometersfromitsreferencecoordinatespursuanttosection73.623(c),andits authorizedcoverageareaextendsinanyazimuthaldirectionbeyondtheDTVcoveragearea determinedfortheDTVallotmentreferencefacilities,thenthecoordinatesofsuchauthorized sitearetobeusedinadditiontothecoordinatesoftheDTVallotmenttodetermineprotection fromnewDTVallotmentspursuanttosection73.623(d)andfromsubsequentDTV applicationsfiledpursuanttosection73.623(c). (2)ThereferencecoordinatesofaDTVallotmentnotincludedintheinitialDTVTableof AllotmentswillbedesignatedintheFCCOrderchangingtheDTVTableofAllotmentsand mustmeetthegeographicspacingrequirementsofsection73.623(d).Anapplicationfor authoritytoconstructormodifysuchDTVfacilitiesmustcomplywiththeprovisionsof section73.623(c).InthecasewheresuchaDTVstationhasbeengrantedauthorityto constructpursuanttosection73.623(c)anditsauthorizedcoverageareaextendsinany azimuthaldirectionbeyondtheDTVcoverageareadeterminedfortheDTVallotment referencefacilities,thenthecoordinatesofsuchauthorizedsitearetobeusedinadditionto thecoordinatesoftheDTVallotmenttodetermineprotectionfromnewDTVallotments pursuanttosection73.623(d)andfromsubsequentDTVapplicationsfiledpursuanttosection 73.623(c). (3)Thereferencecoordinatesdefinedinparagraphs(d)(1)and(d)(2)ofthissectionshall beusedinconsideringpetitionstoamendtheDTVTableofAllotmentsandindetermining whetherinterferenceoccursbetweenDTVstationsandbetweenDTVandanalogTVstations. (4)IncaseswheretherearependingapplicationsforDTVstationsinothercommunities which,ifgranted,wouldhavetobeconsideredindeterminingwhetherproposedormodified stationswouldmeettherequiredtechnicalcriteriaorseparations,asdefinedinsection73.623, thecoordinatesofthetransmittersitesproposedinsuchapplicationsmustbeusedto determinewhetherthoserequirementshavebeenmet. (5)Tocalculatethedistancebetweentworeferencepoints,seesection73.208(c). However,distancesshallberoundedtothenearesttenthofakilometer. (e)DTVServiceAreas.TheserviceareaofaDTVstationisthegeographicareawithin whichthepredictedF(50,90)fieldstrengthofthestation'ssignal,indBabove1microvolt permeter(dBu),exceedsthefollowinglevels: dBu E-27 Channels2-6 28 Channels7-13 36 Channels14-69 41 ThesearethelevelsatwhichreceptionofDTVserviceislimitedbynoise.Evaluationof fieldstrengthindeterminingserviceareasshallbemadeusingtheterraindependent Longley-Ricepoint-to-pointpropagationmodel.Guidanceforevaluatingcoverageareasusing theLongley-RicemethodologyisprovidedinOETBulletinNo.69.CopiesofOETBulletin No.69maybeinspectedduringnormalbusinesshoursatthe:FederalCommunications Commission,1919MSt.,N.W.,DocketsBranch(Room239),Washington,DC,20554.This documentisalsoavailablethroughtheInternetontheFCCHomePageathttp://www.fcc.gov. (f)DTVmaximumpowerandantennaheights. (1)Themaximumeffectiveradiatedpower(ERP)andantennaheightaboveaverageterrain (HAAT)foranallotmentincludedintheinitialDTVTableofAllotmentsaresetforthin AppendixBoftheSixthReportandOrderinMMDocket87-268(referencedabove).These limitsalsoappearontheconstructionpermitandlicenseissuedforeachDTVstation.In eachazimuthaldirection,thereferenceERPvalueisbasedontheHAATofthecorresponding analogTVstationandachievingpredictedcoverageequaltothatanalogTVstation's predictedGradeBcontour,asdefinedinsection73.683. (2)AnapplicationforauthoritytoconstructormodifyDTVfacilitieswillnotbesubjectto furtherconsiderationofelectromagneticinterferencetootherDTVoranalogTVbroadcast stations,allotmentsorapplications,providedthat: (i)TheproposedERPineachazimuthaldirectionisequaltoorlessthanthereferenceERP inthatdirection;and (ii)TheproposedHAATisequaltoorlessthanthereferenceHAAT;and (iii)Theapplicationcomplieswiththelocationprovisionsinparagraph(d)(1)ofthis section. (3)DTVlicenseesandpermitteesmayrequestanincreaseineitherERPinsomeazimuthal directionorHAAT,orboth,thatexceedtheinitialtechnicalfacilitiesspecifiedforthe allotmentinAppendixBtheSixthReportandOrder,uptothemaximumpermissiblelimits onDTVpowerandantennaheightsetforthinthissectionoruptothatneededtoprovidethe samegeographiccoverageareaasthelargeststationwithintheirmarket.Suchrequestsmust beaccompaniedbyatechnicalshowingthattheincreasecomplieswiththetechnicalcriteria insection73.623(c),andtherebywillnotresultinnewinterference,orstatementsagreeingto thechangefromanyco-channeloradjacentchannelstationsthatmightbeaffectedby potentialnewinterference.InthecasewhereaDTVstationhasbeengrantedauthorityto constructpursuanttosection73.623(c),anditsauthorizedcoverageareaextendsinany azimuthaldirectionbeyondtheDTVcoverageareadeterminedfortheDTVallotment referencefacilities,thentheauthorizedDTVfacilitiesaretobeusedinadditiontothe assumedfacilitiesoftheinitialDTVallotmenttodetermineprotectionfromnewDTV allotmentspursuanttosection73.623(d)andfromsubsequentDTVapplicationsfiledpursuant tosection73.623(c). (4)ADTVstationthatoperatesonachannel2-6allotmentcreatedsubsequenttotheinitial DTVTablewillbeallowedamaximumERPof10kWifitsantennaHAATisatorbelow E-28 305metersanditislocatedinZoneIoramaximumERPof45kWifitsantennaHAATis atorbelow305metersanditislocatedinZoneIIorZoneIII. (i)AthigherHAATlevels,suchDTVstationswillbeallowedtooperatewithlower maximumERPlevelsinaccordancewiththefollowingtableandformulas: MaximumAllowableERPandAntennaHeight forDTVStationsInZonesIIorIIIOnChannels2-6 AntennaHAAT
- http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
- Policies for the Digital Audio Radio Satellite Service, 12 FCC Rcd 5754, 5815 (1997); Amendment of Part 95 of the Commission's Rules to Modify Construction Requirements for Interactive Video and Data Services, 11 FCC Rcd 2472, 2473 (1996); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, 9 FCC Rcd 2348, 2358 (1994). 85 See 47 C.F.R. 73.208(b) (station separation requirements in licensing proceedings are determined by protecting both licensed and permitted facilities). 86 See Fifth Report and Order in MM Docket No. 87-268, 12 FCC Rcd 12809 (1997), on reconsideration, FCC 98-23, released February 23, 1998. See also Sixth Report and Order in MM Docket No. 87-268, FCC 97-115, released April 21, 1997, on reconsideration, FCC 98-24,
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- and 1.520, 61 FCC 2d 38 (1976). Moreover, it has been longstanding staff practice to apply 47 C.F.R. 73.3517 to minor change and major change applications for new stations. 19 See Contingent Applications in the Broadcast Services, 22 Rad. Reg. 299, 299 (1961); see also, Seattle Public Schools, 103 FCC 2d 862, 864 (1986). 20 See 47 C.F.R. 73.208, which requires applicants to protect all outstanding authorizations. 21 The commercial FM "one-step" processing rules were designed to facilitate improvements by eliminating the necessity for a petition for rulemaking in instances where licensees seek upgrades on adjacent and co-channels, modifications to adjacent channels of the same class, and downgrades to adjacent channel. One-step applications are processed as minor change applications.
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- Communications Commission FCC 99-118 97 We have delegated the task of updating the manual to the Mass Media Bureau. The Bureau has withheld issuing this manual pending resolution of the petitions for reconsideration in this proceeding. We expect that the Bureau will issue the revised manual shortly after adoption of this Memorandum Opinion and Order. 98 See 47 C.F.R. 73.208(a)(1). 99 Letter from Hammett and Edison dated November 10, 1998. 100 Cornerstone Broadcasting Corporation Petition at 5. 101 Cornerstone Broadcasting Corporation Petition, Attachment at 2. 16 as requested by NAB. The manual is merely a summary of our existing policies and rules relating to broadcast stations, including the changes to the rules enacted in this docket. It will be revised
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- to 73.603 of this part. 73.6007 Power limitations. An application to change the facilities of an existing Class A TV station will not be accepted if it requests an effective radiated power that exceeds the power limitation specified in 74.735 of this chapter. 73.6008 Distance computations. The distance between two reference points must be calculated in accordance with 73.208(c) of this part. 73.6010 Class A TV station protected contour. (a) A Class A TV station will be protected from interference within the following predicted signal contours: (1) 62 dBu for stations on Channels 2 through 6; (2) 68 dBu for stations on Channels 7 through 13; and (3) 74 dBu for stations on Channels 14 through 51. (b)
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- 15691 (1998), aff'd 15 Com Reg. (P&F) 1158 (1999). A community's reference coordinates are generally the coordinates listed in the United States Department of Interior publication entitled "Index to the National Atlas of the United States.'' An alternative reference point, if none is listed in the Atlas Index, are the coordinates of the main post office. See 47 C.F.R. 73.208(a)(1). E.g. , Comments of Taylor University Broadcasting at 2; Comments of Cedarville College at 4-5. In selecting the number of schools, we relied on statistical information in the comments that small community television stations receiving funding from the Corporation for Public Broadcasting provide programming to a median number of 14 school districts with 103 schools. Comments of NPR, Chart II.
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).13 Station WBZH(FM)'s community of license is Harriman, Tennessee. On June 30, 2005, the main studio for station WBZH(FM) was located in Crossville, Tennessee. The main studio was located outside of the station's principal community contour, and there are no other stations currently licensed to Harriman. Using global positioning system equipment, the agents determined that the main studio was located 27
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- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).''23 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.24 The Commission has generally defined ``meaningful presence'' as full-time managerial and full- time staff personnel and has stated
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- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).''26 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.27 The Commission has generally defined ``meaningful presence'' as full-time managerial and full-time staff personnel and has stated that
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Sec. 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://transition.fcc.gov/eb/Orders/2006/DA-06-664A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition, there
- http://transition.fcc.gov/fcc-bin/audio/73207.html
- and 220 mustalso meet these separations with respect to commercial FM stations and vacant allotments on Channels 221, 222 and 223. The I.F. separation requirements in the following table also apply to noncommercial educational stations. Spacing requirements for LPFM stations and applications will be found in [56]47 CFR 73.807. Spacings should be rounded to the nearest kilometer, per [57]47 CFR 73.208. Minimum Distance Separation Requirements in Kilometers Table A, Section 73.207 Relation Co-Channel (Same Frequency) 200 kHz (First-Adjacent Channel) 400 or 600 kHz (Second- or Third-Adjacent Channel) 10.6 or 10.8 MHz (I.F. Channel) A to A 115 72 31 10 A to B1 143 96 48 12 A to B 178 113 69 15 A to C3 142 89 42 12
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- channel Stations WZZN, Channel 234B, and WLIT, Channel 230B, Chicago, Illinois. In its Petition for Rule Making, Elgin Broadcasting proposed increasing the existing short-spacing by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third
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- As the Commission explained in the similar context involving a one-step FM station application, ``[s]uch a grant amends the table of allotments and modifies that station license to operate on the new channel and/or class. During the construction period, the licensee may continue to operate the previously authorized facilities on an interim or `implied Special Temporary Authority' basis.'' Under Section 73.208(a), a petitioner must provide Section 73.207 spacing to all pending applications. Because the Petitioner's proposal fails to specify a fully-spaced transmitter site with regard to the Shawsville applications, it must be denied. Finally, contrary to the Petitioner's assertion, Beloit Broadcasters, Inc. v. FCC, is distinguishable. Therein, the Court held that the grant of an interim authorization to operate on 1380
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- Amend the FM Table of Allotments (``Conflicts''), the Commission clearly states that a construction permit application is entitled to cut-off protection as of the date it is filed with the Commission from subsequently filed conflicting applications and petitions for rule making, and that later filed applications and petitions are subject to dismissal. There is no indication in Conflicts or Section 73.208(a) (3) of the Commission's Rules, that the dismissal of later filed petitions is applicable to only those filed by another party. We recognize the potential for abuse where the same party files an application and then files its own conflicting petition for rule making to cut off competing petitions or counterproposals from another party. Therefore, consistent with Conflicts and Section
- http://transition.fcc.gov/fcc-bin/audio/DA-06-1901A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1901A1.pdf
- BPH-19990217IB, are 33-51-40 NL and 98-38-52 WL. The Joint Parties propose to change those coordinates to 33-32-30 NL and 98-46-30 WL. See ``Request for Approval of Withdrawal'' filed by Linda Crawford on June 21, 2006. See ``Request for Approval of Withdrawal'' filed by Jeraldine Anderson on June 22, 2006. See 47 C.F.R. 1.420(j). See 47 C.F.R. 73.207 and 73.208. Archer City, Texas, Report and Order, 18 FCC Rcd 15,532 (MB 2003) (``Archer City R&O''). The construction permit (BPH-19990217IB) for FM Station KRZB, Channel 248C2, Archer City, Texas, was reinstated on January 12, 2006. See Broadcast Applications, Report No. 26152, Public Notice (Media Bur., rel. Jan. 17, 2006). See Claremont, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas, Memorandum Opinion
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- Wenden, and Wickenburg, Arizona, 20 FCC Rcd 15202. Two commercial FM stations and one AM station are on the air. FM Channel 209 is vacant. See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917 (1992), pet. for recon. granted in part, 8 FCC Rcd 4743 (1993). See 47 C.F.R. 73.208(a)(1) and (a)(3), as well as note 4, supra. Federal Communications Commission DA 06-730 Federal Communications Commission DA 06-730 L m n '' hm $ _ d 3- m
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- Madison and Richmond, Indiana, Erlanger and Lebanon, Kentucky, and Norwood, Ohio, and Lebanon, Lebanon Junction, New Haven and Springfield, Kentucky, we dismissed a similar proposal filed by the Joint Parties because the proposed reallotment of Channel 259C from Manchester to Hendersonville, Tennessee, and modification of the Station WWTN license to specify Hendersonville as the community of license, would contravene Section 73.208(a)(1)(i) of the Commission's rules. Specifically, this reallotment would be short-spaced to the pending modification application for Station WRJF, Channel 260C3, Eva, Alabama. The Joint Parties filed a Petition for Reconsideration directed to that dismissal. Thereafter, Cumulus Licensing LLC, licensee of Station WWTN and one of the Joint Parties, dismissed its pending application to maintain Class C status for Station WWTN
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- Rule Making. In response to the Notice, the Joint Parties submitted a modified proposal (the ``Amended Proposal''). In the Report and Order in this proceeding, we dismissed the Amended Proposal because the proposed reallotment of Channel 259C from Manchester to Hendersonville, Tennessee, and modification of the Station WWTN license to specify Hendersonville as the community of license, would contravene Section 73.208(a)(1)(i) of the Rules. Specifically, this reallotment would be short-spaced to the pending modification application for Station WRJF, Channel 260C3, Eva, Alabama. In the Petition for Reconsideration, Cumulus Licensing, LLC, licensee of Station WWTN, stated that it had dismissed its application to maintain Class C status for Station WWTN and accepted reclassification as a Class C0 station. In view of this
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- Knox City, Seymour and Wellington, Texas, and Ardmore, Durant, Elk City, Healdton, Lawton and Purcell, Oklahoma. See Conflicts Between Applications and Petitions for Rule Making to Amend the FM Table of Allotments (``Conflicts''), Report and Order, 7 FCC Rcd 4917 (1992), recon. denied in rel. part, Memorandum Opinion and Order, 8 FCC Rcd 4743 (1993); see also 47 C.F.R. 73.208(a)(1). Joint Parties Counterproposal in Summary and Joint Parties Supplement at 2. See Broken Arrow and Bixby, Oklahoma, 3 FCC Rcd 6507 (MMB 1988); Amboy, California, 19 12405 (MB 2004); Milford, Utah, 19 FCC Rcd 10335 (MB 2004). The reference coordinates for the Channel 297A allotment at Goldthwaite, Texas, are 31-30-00 and 98-42-23. (...continued from previous page) (continued....) Federal Communications Commission
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- Levan, we noted that a Channel 244C station at KLGL's licensed site would be short-spaced to vacant allotments on Channel 246A at Beaver, Utah, and Channel 244C at Mesquite, Nevada. Even though Channel 244C would be rule compliant at the site specified in an outstanding Station KLGL construction permit, we determined that the proposal was defective when filed because Section 73.208 of the Rules requires a rulemaking proposal to comply with the minimum spacing requirements for both the licensed and permitted site for Station KLGL. With respect to the denial of the Mid-Utah Counterproposal, we determined that a transmitter site would not be available because the site specified in the Counterproposal is located in the Manti-La National Forest. We also noted
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- Nevada, Memorandum Opinion and Order, 21 FCC Rcd 11481, 11483 (MB 2006) (``Caliente''); Monument, Oregon, Report and Order, 21 FCC Rcd 10017, n.2 (MB 2006); Dallas, Oregon, Report and Order, 20 FCC Rcd 9715, n.2 (MB 2005); and St. Florian, Alabama, Report and Order, 20 FCC Rcd 8814, 8815 (MB 2005) See Roma and Caliente, id. See 47 C.F.R. 73.208(a)(3)(iii). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917, 4919-20 (1992), recon. granted in part, 8 FCC Rcd 4743 (1993); and Amherst and Lynchburg, Virginia, 19 FCC Rcd 34 (MB 2004) (petition for rule making could not be considered when filed six days after one-step upgrade application). See 5
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- greater administrative orderliness to the broadcast licensing process. The Commission found that it was frequently holding applications in pending status that were contingent on the grant of other applications involved in lengthy hearings. An application is "contingent" when it cannot be granted unless and until a second application, also pending before the Commission, is granted. In the FM service, Section 73.208 requires an applicant to protect all outstanding construction permits and licenses. Thus, when an FM application is contingent on the effectuation of a second station's facility modification application, in most instances the first station must wait for the grant of the second station's covering license application before filing a construction permit application. This rule effectively requires stations to undertake "coordinated"
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- B -- FM Broadcast Stations [166]TEXT [167]PDF 73.201 Numerical designation of FM broadcast channels. [ [168]Frequency/Channel Conversions ] [169]TEXT [170]PDF 73.202 Table of Allotments. [171]TEXT [172]PDF 73.203 Availability of channels. [173]TEXT [174]PDF 73.204 International agreements and other restrictions on use of channels. [175]TEXT [176]PDF 73.205 Zones. [177]TEXT [178]PDF 73.207 Minimum distance separation between stations. [ [179]Spacing tables ] [180]TEXT [181]PDF 73.208 Reference points and distance computations. [182]TEXT [183]PDF 73.209 Protection from interference. [184]TEXT [185]PDF 73.210 Station classes. [ [186]FM Classes ] [187]TEXT [188]PDF 73.211 Power and antenna height requirements. [ [189]FMpower ] [190]TEXT [191]PDF 73.212 Administrative changes in authorizations. [192]TEXT [193]PDF 73.213 Grandfathered short-spaced stations. [194]TEXT [195]PDF 73.215 Contour protection for short-spaced assignments. [196]TEXT [197]PDF 73.220 Restrictions on use of channels.
- http://wireless.fcc.gov/uls/index.htm?&job=processing_utilities_home
- reside. [69]Rule 101.115, which replaced Rule 94.75(b), provides for two categories of antenna standards. You must use Category A antennas in congested areas as defined in the 1976 Public Notice. Return to Top Arrow [70]Return to Top Distance Check [71]Distance Check The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [72]Rule Section 73.208(c). Return to Top Arrow [73]Return to Top Market Cross Reference [74]Market Cross Reference The search enables a user to search by Major Trading Area (MTA), Basic Trading Area (BTA) or state and county to find the corresponding markets. The market identifiers are MTAs, BTAs and counties. Return to Top Arrow [75]Return to Top NADCON [76]NADCON Geographic coordinates provided to the
- http://wireless.fcc.gov/uls/index.htm?job=distance_check
- Obtain, update, or search an FCC Registration [49]GIS Geographic Information Systems [50]PSHSB Public Safety and Homeland Security Bureau [51]WTB Wireless Telecommunications Bureau [52]Skip Navigation [53]FCC > [54]WTB > [55]ULS Home > [56]Processing Utilities > Distance Check [57]FCC Site Map Accudistance Calculation The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [58]Rule Section 73.208(c). NOTICE: You should use this method of calculating distances between two entered coordinates only with distances less than 295 miles (475 km) and only in the US. Enter coordinates in (d)ddmmss(.s) format Lat 1 Long 1 Lat 2 Long 2 Model ________ _________ ________ _________ [NAD83] Calculate Disclaimer: The Commission makes no warranty whatsoever with respect to the software. In
- http://wireless.fcc.gov/uls/index.htm?job=processing_utilities_home
- reside. [69]Rule 101.115, which replaced Rule 94.75(b), provides for two categories of antenna standards. You must use Category A antennas in congested areas as defined in the 1976 Public Notice. Return to Top Arrow [70]Return to Top Distance Check [71]Distance Check The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [72]Rule Section 73.208(c). Return to Top Arrow [73]Return to Top Market Cross Reference [74]Market Cross Reference The search enables a user to search by Major Trading Area (MTA), Basic Trading Area (BTA) or state and county to find the corresponding markets. The market identifiers are MTAs, BTAs and counties. Return to Top Arrow [75]Return to Top NADCON [76]NADCON Geographic coordinates provided to the
- http://wireless.fcc.gov/uls/weeklypn.htm?&job=processing_utilities_home
- reside. [69]Rule 101.115, which replaced Rule 94.75(b), provides for two categories of antenna standards. You must use Category A antennas in congested areas as defined in the 1976 Public Notice. Return to Top Arrow [70]Return to Top Distance Check [71]Distance Check The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [72]Rule Section 73.208(c). Return to Top Arrow [73]Return to Top Market Cross Reference [74]Market Cross Reference The search enables a user to search by Major Trading Area (MTA), Basic Trading Area (BTA) or state and county to find the corresponding markets. The market identifiers are MTAs, BTAs and counties. Return to Top Arrow [75]Return to Top NADCON [76]NADCON Geographic coordinates provided to the
- http://wireless.fcc.gov/uls/weeklypn.htm?job=distance_check
- Obtain, update, or search an FCC Registration [49]GIS Geographic Information Systems [50]PSHSB Public Safety and Homeland Security Bureau [51]WTB Wireless Telecommunications Bureau [52]Skip Navigation [53]FCC > [54]WTB > [55]ULS Home > [56]Processing Utilities > Distance Check [57]FCC Site Map Accudistance Calculation The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [58]Rule Section 73.208(c). NOTICE: You should use this method of calculating distances between two entered coordinates only with distances less than 295 miles (475 km) and only in the US. Enter coordinates in (d)ddmmss(.s) format Lat 1 Long 1 Lat 2 Long 2 Model ________ _________ ________ _________ [NAD83] Calculate Disclaimer: The Commission makes no warranty whatsoever with respect to the software. In
- http://wireless.fcc.gov/uls/weeklypn.htm?job=processing_utilities_home
- reside. [69]Rule 101.115, which replaced Rule 94.75(b), provides for two categories of antenna standards. You must use Category A antennas in congested areas as defined in the 1976 Public Notice. Return to Top Arrow [70]Return to Top Distance Check [71]Distance Check The Distance Check program calculates the distance between two entered coordinates by using the criteria found in [72]Rule Section 73.208(c). Return to Top Arrow [73]Return to Top Market Cross Reference [74]Market Cross Reference The search enables a user to search by Major Trading Area (MTA), Basic Trading Area (BTA) or state and county to find the corresponding markets. The market identifiers are MTAs, BTAs and counties. Return to Top Arrow [75]Return to Top NADCON [76]NADCON Geographic coordinates provided to the
- http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fc97115a.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fc97115a.wp
- 50 Christiansted 5, 20 (c)Availabilityofchannels.ApplicationsmaybefiledtoconstructDTVbroadcaststations onlyonthechannelsdesignatedintheDTVTableofAllotmentssetforthinparagraph(b)of thissection,andonlyinthecommunitieslistedtherein.Applicationsthatfailtocomplywith thisrequirement,whetherornotaccompaniedbyapetitiontoamendtheDTVTable,willnot beacceptedforfiling.However,applicationsspecifyingchannelsthataccordwithpublicly announcedFCCOrderschangingtheDTVTableofAllotmentswillbeacceptedforfiling evenifsuchapplicationsaretenderedbeforetheeffectivedatesofsuchchannelchange.An applicationforauthoritytoconstructaDTVstationonanallotmentintheinitialDTVtable mayonlybefiledbythelicenseeorpermitteeoftheanalogTVstationwithwhichthatinitial allotmentispaired,assetforthinAppendixBoftheSixthReportandOrderinMMDocket 87-268,FCC97-115,adoptedApril3,1997.CopiesoftheSixthReportandOrdermaybe inspectedduringnormalbusinesshoursatthe:FederalCommunicationsCommission,1919 MSt.,N.W.,DocketsBranch(Room239),Washington,DC,20554.Thisdocumentisalso availablethroughtheInternetontheFCCHomePageathttp://www.fcc.gov.Applications mayalsobefiledtoimplementanexchangeofchannelallotmentsbetweentwoormore E-26 licenseesorpermitteesofanalogTVstationsinthesamecommunity,provided,however,that theotherrequirementsofthissectionandofsection73.623aremetwithrespecttoeachsuch application. (d)Referencepointsanddistancecomputations. (1)ThereferencecoordinatesofaDTVallotmentincludedintheinitialDTVTableof AllotmentsarethecoordinatesoftheauthorizedtransmittingantennasiteoftheanalogTV stationwithwhichthatinitialallotmentispaired,assetforthinAppendixBoftheSixth ReportandOrderinMMDocket87-268(referencedabove).Anapplicationforauthorityto constructormodifyDTVfacilitiesmayspecifyanalternatelocationfortheDTVtransmitting antennathatiswithin5kilometersoftheDTVallotmentreferencecoordinateswithout considerationofelectromagneticinterferencetootherDTVoranalogTVbroadcaststations, allotmentsorapplications,providedtheapplicationcomplieswithparagraph(f)(2)ofthis section.LocationofaDTVbroadcaststation'stransmittingantennaatasitemorethan5 kilometersfromtheDTVallotmentreferencecoordinatesmustcomplywiththeprovisionsof section73.623(c).InthecasewhereaDTVstationhasbeengrantedauthoritytoconstruct morethan5kilometersfromitsreferencecoordinatespursuanttosection73.623(c),andits authorizedcoverageareaextendsinanyazimuthaldirectionbeyondtheDTVcoveragearea determinedfortheDTVallotmentreferencefacilities,thenthecoordinatesofsuchauthorized sitearetobeusedinadditiontothecoordinatesoftheDTVallotmenttodetermineprotection fromnewDTVallotmentspursuanttosection73.623(d)andfromsubsequentDTV applicationsfiledpursuanttosection73.623(c). (2)ThereferencecoordinatesofaDTVallotmentnotincludedintheinitialDTVTableof AllotmentswillbedesignatedintheFCCOrderchangingtheDTVTableofAllotmentsand mustmeetthegeographicspacingrequirementsofsection73.623(d).Anapplicationfor authoritytoconstructormodifysuchDTVfacilitiesmustcomplywiththeprovisionsof section73.623(c).InthecasewheresuchaDTVstationhasbeengrantedauthorityto constructpursuanttosection73.623(c)anditsauthorizedcoverageareaextendsinany azimuthaldirectionbeyondtheDTVcoverageareadeterminedfortheDTVallotment referencefacilities,thenthecoordinatesofsuchauthorizedsitearetobeusedinadditionto thecoordinatesoftheDTVallotmenttodetermineprotectionfromnewDTVallotments pursuanttosection73.623(d)andfromsubsequentDTVapplicationsfiledpursuanttosection 73.623(c). (3)Thereferencecoordinatesdefinedinparagraphs(d)(1)and(d)(2)ofthissectionshall beusedinconsideringpetitionstoamendtheDTVTableofAllotmentsandindetermining whetherinterferenceoccursbetweenDTVstationsandbetweenDTVandanalogTVstations. (4)IncaseswheretherearependingapplicationsforDTVstationsinothercommunities which,ifgranted,wouldhavetobeconsideredindeterminingwhetherproposedormodified stationswouldmeettherequiredtechnicalcriteriaorseparations,asdefinedinsection73.623, thecoordinatesofthetransmittersitesproposedinsuchapplicationsmustbeusedto determinewhetherthoserequirementshavebeenmet. (5)Tocalculatethedistancebetweentworeferencepoints,seesection73.208(c). However,distancesshallberoundedtothenearesttenthofakilometer. (e)DTVServiceAreas.TheserviceareaofaDTVstationisthegeographicareawithin whichthepredictedF(50,90)fieldstrengthofthestation'ssignal,indBabove1microvolt permeter(dBu),exceedsthefollowinglevels: dBu E-27 Channels2-6 28 Channels7-13 36 Channels14-69 41 ThesearethelevelsatwhichreceptionofDTVserviceislimitedbynoise.Evaluationof fieldstrengthindeterminingserviceareasshallbemadeusingtheterraindependent Longley-Ricepoint-to-pointpropagationmodel.Guidanceforevaluatingcoverageareasusing theLongley-RicemethodologyisprovidedinOETBulletinNo.69.CopiesofOETBulletin No.69maybeinspectedduringnormalbusinesshoursatthe:FederalCommunications Commission,1919MSt.,N.W.,DocketsBranch(Room239),Washington,DC,20554.This documentisalsoavailablethroughtheInternetontheFCCHomePageathttp://www.fcc.gov. (f)DTVmaximumpowerandantennaheights. (1)Themaximumeffectiveradiatedpower(ERP)andantennaheightaboveaverageterrain (HAAT)foranallotmentincludedintheinitialDTVTableofAllotmentsaresetforthin AppendixBoftheSixthReportandOrderinMMDocket87-268(referencedabove).These limitsalsoappearontheconstructionpermitandlicenseissuedforeachDTVstation.In eachazimuthaldirection,thereferenceERPvalueisbasedontheHAATofthecorresponding analogTVstationandachievingpredictedcoverageequaltothatanalogTVstation's predictedGradeBcontour,asdefinedinsection73.683. (2)AnapplicationforauthoritytoconstructormodifyDTVfacilitieswillnotbesubjectto furtherconsiderationofelectromagneticinterferencetootherDTVoranalogTVbroadcast stations,allotmentsorapplications,providedthat: (i)TheproposedERPineachazimuthaldirectionisequaltoorlessthanthereferenceERP inthatdirection;and (ii)TheproposedHAATisequaltoorlessthanthereferenceHAAT;and (iii)Theapplicationcomplieswiththelocationprovisionsinparagraph(d)(1)ofthis section. (3)DTVlicenseesandpermitteesmayrequestanincreaseineitherERPinsomeazimuthal directionorHAAT,orboth,thatexceedtheinitialtechnicalfacilitiesspecifiedforthe allotmentinAppendixBtheSixthReportandOrder,uptothemaximumpermissiblelimits onDTVpowerandantennaheightsetforthinthissectionoruptothatneededtoprovidethe samegeographiccoverageareaasthelargeststationwithintheirmarket.Suchrequestsmust beaccompaniedbyatechnicalshowingthattheincreasecomplieswiththetechnicalcriteria insection73.623(c),andtherebywillnotresultinnewinterference,orstatementsagreeingto thechangefromanyco-channeloradjacentchannelstationsthatmightbeaffectedby potentialnewinterference.InthecasewhereaDTVstationhasbeengrantedauthorityto constructpursuanttosection73.623(c),anditsauthorizedcoverageareaextendsinany azimuthaldirectionbeyondtheDTVcoverageareadeterminedfortheDTVallotment referencefacilities,thentheauthorizedDTVfacilitiesaretobeusedinadditiontothe assumedfacilitiesoftheinitialDTVallotmenttodetermineprotectionfromnewDTV allotmentspursuanttosection73.623(d)andfromsubsequentDTVapplicationsfiledpursuant tosection73.623(c). (4)ADTVstationthatoperatesonachannel2-6allotmentcreatedsubsequenttotheinitial DTVTablewillbeallowedamaximumERPof10kWifitsantennaHAATisatorbelow E-28 305metersanditislocatedinZoneIoramaximumERPof45kWifitsantennaHAATis atorbelow305metersanditislocatedinZoneIIorZoneIII. (i)AthigherHAATlevels,suchDTVstationswillbeallowedtooperatewithlower maximumERPlevelsinaccordancewiththefollowingtableandformulas: MaximumAllowableERPandAntennaHeight forDTVStationsInZonesIIorIIIOnChannels2-6 AntennaHAAT
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
- Policies for the Digital Audio Radio Satellite Service, 12 FCC Rcd 5754, 5815 (1997); Amendment of Part 95 of the Commission's Rules to Modify Construction Requirements for Interactive Video and Data Services, 11 FCC Rcd 2472, 2473 (1996); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, 9 FCC Rcd 2348, 2358 (1994). 85 See 47 C.F.R. 73.208(b) (station separation requirements in licensing proceedings are determined by protecting both licensed and permitted facilities). 86 See Fifth Report and Order in MM Docket No. 87-268, 12 FCC Rcd 12809 (1997), on reconsideration, FCC 98-23, released February 23, 1998. See also Sixth Report and Order in MM Docket No. 87-268, FCC 97-115, released April 21, 1997, on reconsideration, FCC 98-24,
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- and 1.520, 61 FCC 2d 38 (1976). Moreover, it has been longstanding staff practice to apply 47 C.F.R. 73.3517 to minor change and major change applications for new stations. 19 See Contingent Applications in the Broadcast Services, 22 Rad. Reg. 299, 299 (1961); see also, Seattle Public Schools, 103 FCC 2d 862, 864 (1986). 20 See 47 C.F.R. 73.208, which requires applicants to protect all outstanding authorizations. 21 The commercial FM "one-step" processing rules were designed to facilitate improvements by eliminating the necessity for a petition for rulemaking in instances where licensees seek upgrades on adjacent and co-channels, modifications to adjacent channels of the same class, and downgrades to adjacent channel. One-step applications are processed as minor change applications.
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- Beverly Hills, Florida, Channel 292C3, to Channel 292C2, is contingent on Station WLVU, Holiday, Florida, Channel 292A, changing to Channel 246C2 in MM Docket No. 92-195, which is still an open proceeding. This is due to the fact that Channel 292C2 at Beverly Hills is 93.1 kilometers short-spaced to its licensed operation on Channel 292A at Holiday, thereby violating Section 73.208(a) of the Commission's Rules. That rule section requires that all existing authorizations be cleared by rulemaking proposals. Our policy is not to accept proposals that are dependent or contingent upon finality of other actions or proceedings. See Cut and Shoot, Texas, 11 FCC Rcd 16383 (1996). Second, the proposal for Cross City, Station WDFL, to substitute Channel 243C3 for Channel
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- Amendment of Section 1.517 and 1.520 of the Commission's Rules, Report and Order, 61 FCC 2d 238 (1976). 35 "The volume of contingent applications, the long time they were on file, and their relationship to other pending applications all served to create a substantial administrative problem." Selma Television, Inc., 29 FCC 2d 522, 525 n.5 (1971). 36 47 C.F.R. 73.208. 37 See Notice, 13 FCC Rcd at 14856. 38 See infra, n. 43. 9 II. AGREEMENTS INVOLVING APPLICATIONS FOR COORDINATED FM STATION CHANGES A. BACKGROUND 11. Proposed Rule Changes. Section 73.3517 of the Commission's rules prohibits the filing of contingent new station and modification applications in the broadcast services.32 The Commission first announced this policy in a 1961 Public Notice33
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.wp
- Communications Commission FCC 99-118 97 We have delegated the task of updating the manual to the Mass Media Bureau. The Bureau has withheld issuing this manual pending resolution of the petitions for reconsideration in this proceeding. We expect that the Bureau will issue the revised manual shortly after adoption of this Memorandum Opinion and Order. 98 See 47 C.F.R. 73.208(a)(1). 99 Letter from Hammett and Edison dated November 10, 1998. 100 Cornerstone Broadcasting Corporation Petition at 5. 101 Cornerstone Broadcasting Corporation Petition, Attachment at 2. 16 as requested by NAB. The manual is merely a summary of our existing policies and rules relating to broadcast stations, including the changes to the rules enacted in this docket. It will be revised
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- proposal was filed before the Ottumwa application, it was entitled to protection under the Commission's policy and rules set forth in Conflicts between Rulemaking Proposals and Applications, 7 FCC Rcd 4917 (Comm. 1992), recon. granted in part and denied in part, 8 FCC Rcd 4743 (Comm. 1993). The Ottumwa application affords the Fuller-Jeffrey rulemaking proposal the requisite protection under Section 73.208(b) of the Commission's Rules - that is, it uses the contour protection provisions of Section 73.215 of the Rules to protect the rulemaking proposal. Likewise, the Fuller-Jeffrey proposal complied with the requirements of Section 73.208(a) of the Commission's Rules at the time that it was filed. That rule requires that rulemaking proposals be fully spaced, utilizing the minimum distance separation
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- 1989). See also, San Clemente, California, 10 FCC Rcd 8291 (1995). The actual availability of a potential transmitter site can be raised in comments from all interested parties. In the event the issue is raised, we must make a determination on the reasonable likelihood that a site will be available. Where, as here, the allotment requires a site restriction, Section 73.208(a)(2) of the Commission's rules independently imposes an obligation on the petitioner to submit a showing indicating the availability of a suitable site. We believe that the evidence presented in this proceeding has demonstrated a reasonable assurance of the unavailability of the land at the restricted site to accommodate Channel 291C3 at Kimberly. As no rebuttal evidence was submitted to establish
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- by the permittee of Station WAHL(FM), Ocracoke, NC, to upgrade its station from Channel 225A to Channel 224C1. That application was filed on July 28, 1995. Since the Ocracoke application for Channel 224C1 was filed before the Trenton rulemaking petitioner suggested the use of alternate Channel 221A, the alternate channel was required to protect the previously filed application under Section 73.208(a)(1)(i) and (a)(3) of the Commission's Rules. See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 7 FCC Rcd 4917 (Comm. 1992), recon. granted in part and denied in part, 8 FCC Rcd 4743 (Comm. 1993). See also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd
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- a LPFM proposal even where the above Canadian and Mexican spacing tables are met, if it appears that such coordination is necessary to maintain compliance with international agreements. 10. A new Section 73.808 is added, as follows; 73.808 Distance computations. For the purposes of determining compliance with any LPFM distance requirements, distances shall be calculated in accordance with 73.208(c) of this Part. 11. A new Section 73.809 is added as follows: 73.809 Interference protection to full service FM stations. It shall be the responsibility of the licensee of an LPFM station to correct at its expense any condition of interference to the direct reception of the signal of any subsequently authorized commercial or NCE FM station that operates
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- to 73.603 of this part. 73.6007 Power limitations. An application to change the facilities of an existing Class A TV station will not be accepted if it requests an effective radiated power that exceeds the power limitation specified in 74.735 of this chapter. 73.6008 Distance computations. The distance between two reference points must be calculated in accordance with 73.208(c) of this part. 73.6010 Class A TV station protected contour. (a) A Class A TV station will be protected from interference within the following predicted signal contours: (1) 62 dBu for stations on Channels 2 through 6; (2) 68 dBu for stations on Channels 7 through 13; and (3) 74 dBu for stations on Channels 14 through 51. (b)
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- 15691 (1998), aff'd 15 Com Reg. (P&F) 1158 (1999). A community's reference coordinates are generally the coordinates listed in the United States Department of Interior publication entitled "Index to the National Atlas of the United States.'' An alternative reference point, if none is listed in the Atlas Index, are the coordinates of the main post office. See 47 C.F.R. 73.208(a)(1). E.g. , Comments of Taylor University Broadcasting at 2; Comments of Cedarville College at 4-5. In selecting the number of schools, we relied on statistical information in the comments that small community television stations receiving funding from the Corporation for Public Broadcasting provide programming to a median number of 14 school districts with 103 schools. Comments of NPR, Chart II.
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- provide either the purchase order or serial number for each of the 5500 transmitters to be operated under the authorization requested. 3. Discussion. Dial correctly notes that the Commission's Part 90 rules do not specify the method of calculating distance for purposes of Section 90.313(c). Calculating the distance between the stations in accordance with the guidelines set forth in Section 73.208(c) of the Commission's Rules, we find it to be 64.1 kilometers, which is greater than the 64 kilometers separation that Section 90.313(c) requires. Therefore, we find no basis for dismissing or denying NSTN's license application. We also conclude that Dial's request to require NSTN to supply either the purchase order or the serial number for each of the proposed transmitters
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- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license.2 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.3 The Commission has defined a minimally acceptable ``meaningful presence'' as full- time managerial and full-time staff personnel.4 In addition, there must
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237965A1.html
- a main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1)." In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.1 The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://www.fcc.gov/eb/FieldNotices/2002/DOC-237967A1.html
- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.6 The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237712A1.html
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license.2 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.3 The Commission has defined a minimally acceptable ``meaningful presence''
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-237713A1.html
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license.2 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.3 The Commission has defined a minimally acceptable ``meaningful presence''
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-240647A1.html
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license.1 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.2 The Commission has defined a minimally acceptable ?meaningful presence?
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-244165A1.html
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In adopting the main studio rules, the Commission stated that the station's main studio must have the capability to serve the needs and interests of the residents of the station's community of license.2 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.3 The Commission has defined a minimally acceptable ``meaningful presence''
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-245204A1.html
- maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license.3 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.4 The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel.5 In addition, there must be
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-248615A1.html
- shall maintain a studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM or FM station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).6 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license.7 To fulfill this function, a station must, among other things, maintain a meaningful presence at its main studio.8 The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel.9 In addition, there must be
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-250390A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).7 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.8 The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel.9 In addition,
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). At the time of the attempted inspection at the station's main studio, located in the Palmarejo Ward of Lajas, Puerto Rico; the main gate was found padlocked and no personnel was available to attend the agent during an inspection. During a subsequent interview on September 8, 2004, Mr. Juan Galiano-Rivera, the station manager for WSQD, admitted to the lack of
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).10 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.11 The Commission has defined a minimally acceptable ``meaningful presence'' as a full-time managerial and full-time staff personnel. In
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).6 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.7 The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel.8 In addition,
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- main studio at one of the following locations: (1) Within the station's community of license; (2) At any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) Within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1).13 Station WBZH(FM)'s community of license is Harriman, Tennessee. On June 30, 2005, the main studio for station WBZH(FM) was located in Crossville, Tennessee. The main studio was located outside of the station's principal community contour, and there are no other stations currently licensed to Harriman. Using global positioning system equipment, the agents determined that the main studio was located 27
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Sec. 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-265778A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. 8. We conclude that the Amaturo main studio in Thousand Oaks, California, does not qualify as the main
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- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. 7. In its response to the LOI, Hispanic acknowledged that, for several months, it did not have a
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-277839A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition, there
- http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).''23 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.24 The Commission has generally defined ``meaningful presence'' as full-time managerial and full- time staff personnel and has stated
- http://www.fcc.gov/eb/Orders/2003/FCC-03-332A1.html
- a main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV Broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in 73.208(a)(1).''26 In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio.27 The Commission has generally defined ``meaningful presence'' as full-time managerial and full-time staff personnel and has stated that
- http://www.fcc.gov/eb/Orders/2006/DA-06-1754A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM, or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Sec. 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://www.fcc.gov/eb/Orders/2006/DA-06-664A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition,
- http://www.fcc.gov/eb/Orders/2008/DA-08-1755A1.html
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of licensed as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial staff presence at its main studio. The Commission has defined a minimally acceptable "meaningful presence" as full-time managerial and full-time staff personnel. In addition, there
- http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.pdf
- channel Stations WZZN, Channel 234B, and WLIT, Channel 230B, Chicago, Illinois. In its Petition for Rule Making, Elgin Broadcasting proposed increasing the existing short-spacing by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third
- http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-664A1.pdf
- main studio at one of the following locations: (1) within the station's community of license; (2) at any location within the principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license; or (3) within twenty-five miles from the reference coordinates of the center of its community of license as described in Section 73.208(a)(1). In addition, the station's main studio must serve the needs and interests of the residents of the station's community of license. To fulfill this function, a station must, among other things, maintain a meaningful managerial and staff presence at its main studio. The Commission has defined a minimally acceptable ``meaningful presence'' as full-time managerial and full-time staff personnel. In addition,
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- between each director's residence and the proposed transmitter for each applicant.'' CCB and Iglesia note, however, that MapQuest provides driving distances but not line-of-sight distances as the Rules require. CCB and Iglesia state that they properly converted each board member's address to coordinates, and then the distance between the transmitter site and particular coordinates were measured in accordance with Section 73.208(c) of the Rules, with algorithms found on the Commission's website. Whereas Metropole's measurement study finds all of the applicants' board members living beyond the 10-mile requirement, CCB's and Iglesia's study finds all but one board member's residence within the 10-mile range. Section 73.853(b) and the Report & Order are silent as to how the 10-mile distance requirement is to be
- http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.pdf
- BNP-20041029AHO (the ``Application''). 47 C.F.R. 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq., Letter (MB June 6, 2007). Petition at 6-7. See 47 C.F.R. 73.202(a)(2), 73.207, 73.208, 73.209(b), 73.315(a). Petition at 7 (``Without either approval of the Amendment or a waiver of Section 73.24(i), the station cannot operate.''). See id. at 3. See, e.g., 2006 Community of License Order, 21 FCC Rcd at 14218 (``[P]arties seeking to employ this procedure must file, with their applications, a detailed exhibit demonstrating that the proposed change constitutes a preferential arrangement
- http://www.fcc.gov/fcc-bin/audio/DA-11-2058A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-2058A1.pdf
- operation on April 15, 2011, at the construction permit site for Golden Valley, Arizona. See 47 C.F.R. 73.207. Specifically, the actual distance between the proposed reference site for Channel 287C2 at Williams and the reference site for Channel 286C0 at Wickenburg is approximately 131 kilometers, whereas the required distance between these channels is 176 kilometers. See 47 C.F.R. 73.208(a)(3)(iii) (providing that a rulemaking petition to amend the FM Table of Allotments not meeting the minimum distance separation requirements specified in a pending minor change application will not be considered unless it was filed no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments,
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- will be included in our concurrently adopted Notice of Proposed Rule Making. The Williams Petition and the Wickenburg Application are mutually exclusive with each other because (1) Channel 287C2 at Williams conflicts with Channel 286C0 at Wickenburg under the minimum distance separation requirements; and (2) both proposals were filed on the same day, September 15, 2008. See 47 C.F.R. 73.208(a)(3)(iii) (providing that a rulemaking petition to amend the FM Table of Allotments not meeting the minimum distance separation requirements specified in a pending minor change application will not be considered unless it was filed no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments,
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- 15691 (1998), aff'd 15 Com Reg. (P&F) 1158 (1999). A community's reference coordinates are generally the coordinates listed in the United States Department of Interior publication entitled "Index to the National Atlas of the United States.'' An alternative reference point, if none is listed in the Atlas Index, are the coordinates of the main post office. See 47 C.F.R. 73.208(a)(1). E.g. , Comments of Taylor University Broadcasting at 2; Comments of Cedarville College at 4-5. In selecting the number of schools, we relied on statistical information in the comments that small community television stations receiving funding from the Corporation for Public Broadcasting provide programming to a median number of 14 school districts with 103 schools. Comments of NPR, Chart II.
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- proceed promptly with construction when they apply, but rather are applying in an attempt to preserve some right for the future or to block other parties' potential plans. We also seek comment on whether we should impose a shorter construction period, e.g., one year, for construction permits for minor modifications to licensed facilities. We particularly are concerned that under Section 73.208 of our rules, a three-year construction period for such permits would have a preclusive impact on the ability of other parties to file applications. We propose not to apply the three-year construction period to the digital television ("DTV") facilities constructed by initial DTV licensees, which are on their own construction schedule. However, in our Memorandum Opinion and Order on Reconsideration
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- rulemaking proposal contingent on favorable action on an application that is not even on file. 7. As a result of the action subsequent to the Report and Order cancelling the Station WSSL construction, the Sapphire Broadcasting proposal does not now comply with the applicable separation requirement set forth in Section 73.207(b) of the Rules and cannot be favorably considered. Section 73.208 of the Rules clearly specifies the applicable reference point to be used in determining FM minimum separations as "authorized" transmitter sites. 47 C.F.R. 73.208(a)(1)(i). In this situation, the licensed Station WSSL transmitter site represents the only authorized site for Station WSSL and Sapphire Broadcasting or any other rule making proponent must meet the separation requirement for this site. In regard
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- B -- FM Broadcast Stations [166]TEXT [167]PDF 73.201 Numerical designation of FM broadcast channels. [ [168]Frequency/Channel Conversions ] [169]TEXT [170]PDF 73.202 Table of Allotments. [171]TEXT [172]PDF 73.203 Availability of channels. [173]TEXT [174]PDF 73.204 International agreements and other restrictions on use of channels. [175]TEXT [176]PDF 73.205 Zones. [177]TEXT [178]PDF 73.207 Minimum distance separation between stations. [ [179]Spacing tables ] [180]TEXT [181]PDF 73.208 Reference points and distance computations. [182]TEXT [183]PDF 73.209 Protection from interference. [184]TEXT [185]PDF 73.210 Station classes. [ [186]FM Classes ] [187]TEXT [188]PDF 73.211 Power and antenna height requirements. [ [189]FMpower ] [190]TEXT [191]PDF 73.212 Administrative changes in authorizations. [192]TEXT [193]PDF 73.213 Grandfathered short-spaced stations. [194]TEXT [195]PDF 73.215 Contour protection for short-spaced assignments. [196]TEXT [197]PDF 73.220 Restrictions on use of channels.
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- B -- FM Broadcast Stations [119]TEXT [120]PDF 73.201 Numerical designation of FM broadcast channels. [ [121]Frequency/Channel Conversions ] [122]TEXT [123]PDF 73.202 Table of Allotments. [124]TEXT [125]PDF 73.203 Availability of channels. [126]TEXT [127]PDF 73.204 International agreements and other restrictions on use of channels. [128]TEXT [129]PDF 73.205 Zones. [130]TEXT [131]PDF 73.207 Minimum distance separation between stations. [ [132]Spacing tables ] [133]TEXT [134]PDF 73.208 Reference points and distance computations. [135]TEXT [136]PDF 73.209 Protection from interference. [137]TEXT [138]PDF 73.210 Station classes. [ [139]FM Classes ] [140]TEXT [141]PDF 73.211 Power and antenna height requirements. [ [142]FMpower ] [143]TEXT [144]PDF 73.212 Administrative changes in authorizations. [145]TEXT [146]PDF 73.213 Grandfathered short-spaced stations. [147]TEXT [148]PDF 73.215 Contour protection for short-spaced assignments. [149]TEXT [150]PDF 73.220 Restrictions on use of channels.
- http://www.fcc.gov/mb/audio/spacing/index.html
- and 220 mustalso meet these separations with respect to commercial FM stations and vacant allotments on Channels 221, 222 and 223. The I.F. separation requirements in the following table also apply to noncommercial educational stations. Spacing requirements for LPFM stations and applications will be found in [56]47 CFR 73.807. Spacings should be rounded to the nearest kilometer, per [57]47 CFR 73.208. Minimum Distance Separation Requirements in Kilometers Table A, Section 73.207 Relation Co-Channel (Same Frequency) 200 kHz (First-Adjacent Channel) 400 or 600 kHz (Second- or Third-Adjacent Channel) 10.6 or 10.8 MHz (I.F. Channel) A to A 115 72 31 10 A to B1 143 96 48 12 A to B 178 113 69 15 A to C3 142 89 42 12