FCC Web Documents citing 73.213

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • comply with our spacing requirements for allotments set forth in Section 73.207 of the Commission's Rules that became effective on October 2, 1989. Forum's Petition for Reconsideration of the foregoing action explains that the short-spacing that would exist as a result of the reallotment of Channel 265A to Allegan had existed since 1981 and was therefore ``grandfathered'' pursuant to Section 73.213(c) of the Commission's Rules. In Fremont and Holton, Michigan, 14 FCC Rcd 17108 (Allocations Br. 1999), the Commission determined that it would allow pre-1989 ``grandfathered'' FM stations that were in compliance with the Commission's spacing rules when authorized, to be afforded the same opportunity to change their communities of license as other stations authorized in conformity with the Commission's current
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  • a community for allotment purposes. It has a mayor/city council form of local government, local post office and zip code, shared school district, city water system and monthly newspaper with a paid circulation of 3,700, and a variety of retail establishments and employers. It also states that the proposal will promote the public interest because it will eliminate the Section 73.213(c)(2) grandfathered short-spacing between Stations KZTA and KZTB. In addition, the upgrade at Naches will allow Station KZTA to provide enhanced service to the community and to a broader listening area. Petitioner also claims that with the overlap of the Naches upgrade and the change of community from Sunnyside to Benton City, a combined total of 157,055 persons will receive an
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  • Tuck They also give information on population gains and losses from the reallotment. We seek comment on these issues. With respect to the reallotment of Channel 243B from Hamilton to Lebanon and the modification of Station WYGY(FM), they note that no technical changes to the facility are proposed. They thus claim that the proposal is fully spaced based on Section 73.213(a) of the Commission's Rules regarding ``pre-1964'' grandfathered short-spaced stations under Section 73.207 of the rules. We seek comment on this issue. Channel 247A can be allotted at Fort Thomas at petitioner's requested site 14.7 kilometers (9.1 miles) north of Fort Thomas. Channel 243B can be reallotted from Hamilton to Lebanon at Station WYGY(FM)'s existing site 13.9 kilometers (8.6 miles) southwest
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  • (1990), petition for review denied, No. 90-1496 (D.C.Cir. June 6, 1991). However, in Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992) (``Newnan''), we made a limited exception to this policy. There, we reallotted Channel 244A from Newnan to Peachtree City, Georgia, and modified the license of Station WMKJ(FM) accordingly. Station WMKJ was a pre-1964 ``grandfathered'' facility under Section 73.213 of the Commission's Rules and did not meet the current spacing requirements set forth in Section 73.207(b) of the rules. The proposal in Newnan did not involve any change in the technical facilities of Station WMKJ. In taking that action, we recognized that we were creating a new short-spaced allotment in contravention of Section 73.207(b) of the Rules. Our rationale
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  • Benton City is a community for allotment purposes. It has a mayor/city council form of local government, local post office and zip code, shared school district, city water system and monthly newspaper with a paid circulation of 3,700, and a variety of retail establishments and employers. Furthermore, the reallotment will promote the public interest because it will eliminate the Section 73.213(c)(2) grandfathered short-spacing between Stations KZTA and KZTB. In addition, the upgrade at Naches will allow Station KZTA to provide enhanced service to the community and to a broader listening area. We agree with petitioner's claims that with the Naches upgrade and the change of community from Sunnyside to Benton City, a combined total of 157,055 persons will receive an additional
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  • efforts to maintain and restore its business districts, and it has several local civic associations (Factor 6). Technical Analysis. With respect to the reallotment of Channel 243B from Hamilton to Lebanon and the modification of Station WYGY(FM), there are no technical changes to the facility. We therefore agree with their claim that the proposal is fully spaced based on Section 73.213(a) of the Commission's Rules regarding ``pre-1964'' grandfathered short-spaced stations under Section 73.207 of the rules. With respect to the reallotment of Channel 247A from Lebanon to Fort Thomas, Infinity and Caron state that there will be a net gain of 46,000 persons in the gain area. Our analysis shows that approximately 60,000 persons will gain service and that both the
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  • services such as police, fire protection, waste water handling, zoning and permitting, street maintenance and leaf collection. It has an elementary school, a library, two churches, a medical clinic and numerous retail businesses. Petitioner states that it has two preexisting short spacings, but they are not a bar to this change of community because they are grandfathered pursuant to Section 73.213 of the rules and the change of community is being implemented at petitioner's existing transmitter site. We seek comment on this issue. Channel 252A can be reallotted from Monroe to Luna Pier at petitioner's licensed site 4.7 kilometers (2.9 miles) northwest of the community. FCC Contact: Victoria McCauley (202) 418-2180. Pursuant to Sections 1.415 and 1.419 of the Commission's Rules,
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  • of their proposal, petitioners state that neither Exmore nor Cape Charles will be left without aural transmission service. Further, they provide information to support Belle Haven's status as a community for allotment purposes. Petitioners state that Station WEXM has a preexisting shortspacing, but it is not a bar to this change of community because it is grandfathered pursuant to Section 73.213 of the rules due to changes to the rules authorized in MM Docket 80-90. Our engineering shows that the change of site will reduce the short-spacing from 10.01 kilometers to 5.2 kilometers. Pursuant to our policy adopted in the Report and Order in MM Docket No. 99-240, such a proposal can serve the public interest even if the licensee proposes
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  • Application for Review. 2. On October 25, 2001, Nevada County and Gold Country filed a Joint Request for Approval of Settlement and Termination of Proceeding looking toward dismissal of the Application for Review. In accordance with the underlying agreement between the parties, Nevada County (File No. BPH-20011025AAB) and Gold Country (File No. BPH-20011025ABE) each filed an application pursuant to Section 73.213(c)(2) of the Rules to operate their respective stations at an effective radiated power of six kilowatts on Channel 232A. Dismissal of the Application for Review is expressly contingent upon favorable action on these applications. To facilitate the processing of these applications, we are hereby setting aside all actions in this proceeding. Concurrent with the release of this Memorandum Opinion and
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  • charter services, and the Luna Pier Harbor Club serves boat owners and operators. Channel 252A can be allotted at Luna Pier at petitioner's transmitter site which is 4.7 kilometers (2.9 miles) northwest of the community. Station WTWR(FM) has two preexisting short spacings, but they are not a bar to this change of community because they are grandfathered pursuant to Section 73.213 of the rules and the change of community is being implemented without any change in facilities at petitioner's existing transmitter site. Luna Pier is located within 320 kilometers (200 miles) of the U.S.-Canadian border and Canadian concurrence in the allotment has been requested but has not yet been received. However, we will reallot Channel 252A to Luna Pier at this
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  • it will provide a first local transmission service to Elmer, population with a 1990 population of 1, 571 persons, and will leave behind an AM and a NCE FM station at Bridgeton, 1990 population 18,942 persons. Cohanzick points out there are preexisting short spacings between Station WSNJ-FM and four other stations. It argues that since these are grandfathered under Section 73.213 of the Commission's Rules, and it proposes no change of transmitter site, they should not be a bar to its change of community proposal. We seek comment on this issue. Cohanzick argues that Elmer is a community for allotment purposes. It states that it has its own zip code and post office, and has a mayor and borough council. It
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  • and to change the community of license of Station WCSY-FM from South Haven to Hartford, Michigan. Petitioner further states that the reallotments will allow Station WCSY-FM to increase its power from 3.0 kilowatts to 6.0 kilowatts, resulting in a significant improvement to the station's facilities. Moreover, petitioner asserts that WZBL(FM) is a grandfathered 3.0 kilowatt short-spaced station pursuant to Section 73.213(c)(1) and is currently short-spaced to Station WXSS(FM) by 1.2 kilometers pursuant to Commission authorization, and has been so for years. In waiving its short-spacing rules when allotted, the Commission determined that the ''mere 1.2 kilometer short-spacing'' that exists between Station WZBL(FM) on Channel 279A in Hartford and Station WXSS(FM) on Channel 279B in Wauwatosa is ``de minimis.'' Petitioner advises that
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  • currently short spaced station is not increased. It appears that these conditions are met here since this proposal requires no change to Station WJXQ's transmitter site or facilities. Petitioner asserts that FM Station WJXQ's short spacing to FM Station WDTJ occurred prior to 1964 and that FM Station WJXQ is a grandfathered short spaced station under the provisions of Section 73.213(a) of the Commission's rules. In Newnan and Peachtree City, Georgia, supra, the Commission allowed a pre-1964 grandfathered short spaced station to change its community of license. That case, like this one, involved no change in the transmitter site. Further, in Fremont and Holton, Missouri, the Commission allowed a pre-1989 grandfathered FM station that complied with the old spacing rules when
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  • the Application. Background. On March 18, 1999, the Commission granted the WWZY license application for the station's currently licensed facilities. This license was issued pursuant to the contour overlap provisions of Section 73.215 to ensure adequate protection to short spaced station WKDN(FM), Camden, NJ. On June 9, 2004, Press filed the Application which proposed to protect WKDN pursuant to Section 73.213(c)(2) of the Commission's rules. On January 3, 2005, the staff sent a deficiency letter to Press because the Application failed to provide Section 73.207 spacing protection to WKDN. Press filed responses to the deficiency letter on June 18, 2005, and September 26, 2005. In the January 18, 2005 amendment, Press attempts to distinguish West Wind Broadcasting, Inc., in which the
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  • 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 adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated that it was not relaxing second and third adjacent channel separation requirements as allotment and assignment criteria for any group of FM stations except for pre-1964
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  • existing short-spacing. For that reason, we returned Keymarket's petition for rule making as unacceptable for filing. 3. In its petition for reconsideration, Keymarket contends that in Grandfathered Short-Spaced FM Stations, the Commission revised its application and allotment policies for grandfathered, short-spaced stations to eliminate all spacing requirements to second-adjacent and third-adjacent channel stations. Similarly, Keymarket argues that, under current Section 73.213(a)(4) of the Commission's Rules, there are no required second or third adjacent separation requirements for pre-1964 grandfathered stations. Keymarket also cites several decisions purporting to establish that pre-1964 grandfathered, short-spaced stations ``are commonly permitted to change community of license via a petition to amend the FM Table of Allotments.'' 4. Keymarket's representation of the Commission's holding in Grandfathered Short-Spaced FM
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  • site and modification of the Station WCSY-FM license accordingly. In this regard, the Notice requested the Petitioner to submit a gain and loss study for Station WCSY-FM because the station is relocating its transmitter site. Currently, Station WCSY-FM has pre-existing grandfathered short-spacings with Station WLSC, Channel 252A, North Muskegon, Michigan and Station WNWN-FM, Channel 253B, Coldwater, Michigan pursuant to Section 73.213(c)(1) of the Commission's rules. The proposed Hartford reallotment will allow Station WCSY-FM to move to a fully-spaced transmitter site that eliminates the pre-existing short-spacings, thereby, conforming to the requirements of Section 73.207 of the Commission's rules. Moreover, the proposed Hartford reallotment will permit Station WCSY-FM to increase its effective radiated power (``ERP'') from 1.9 kilowatts to 6 kilowatts at 100
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  • this Notice of Proposed Rule Making. 47 C.F.R. §§ 1.420(g) and (i). The following existing approved short-spacings would not change: Grandfathered pre-1964 short-spacings to Stations WQXR-FM, Channel 242B, New York, New York; WTIC-FM, Channel 243B, Hartford, Connecticut; and WTSX(FM), Channel 244A, Port Jervis, New York; and a grandfathered, pre-1989 short-spacing to WQHT(FM), Channel 246B, New York, New York. See Section 73.213 of the Commission's rules, 47 C.F.R. §73.213(a) and (c). In addition, there is an approved short-spacing requested by FM Station WHBE, Channel 244A, East Hampton, New York, pursuant to section 73.215 of the Commission's rules, 47 C.F.R. §73.215. See Killeen and Cedar Park, Texas, Report and Order, 15 FCC Rcd 1945 (MMB 2000), and cases cited therein. See Glasgow and
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  • and 64.710 06/30/08 3060-0718 Part 101, Governing the Terrestrial Microwave Fixed Radio Service 06/30/09 3060-0719 Quarterly Report of IntraLATA Carriers Listing Payphone Automatic Number Identifications (ANIs) 01/31/10 3060-0723 Public Disclosure of Network Information by Bell Operating Companies (BOCs) 10/31/09 3060-0725 Quarterly Filing of Nondiscrimination Reports (on Quality of Service, Installation, and Maintenance) by Bell Operating Companies (BOC's) 08/31/09 3060-0727 Sec. 73.213 01/31/10 3060-0734 Secs. 53.211 and 53.213 06/30/08 3060-0737 Disclosure Requirements for Information Services Provided Under a Presubscription or Comparable Arrangement 06/30/09 3060-0740 Sec. 95.1015 01/31/09 3060-0741 Implementation of the Local Competition Provisions on the Telecommunications Act of 1996 -- CC Docket No. 96-98 11/30/07 3060-0742 Secs. 52.21, 52.22, 52.23, 52.24, 52.25, 52.26, 52.27, 52.28, 52.29, 52.30, 52.31, 52.32 and 52.33
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  • the existing tower utilized by Station WBTV(TV), Charlotte, North Carolina, and specified Class C1 facilities. The amended Application also is short-spaced to Station WDCG(FM) and GBI proposes a directional antenna and processing under Section 73.215 of the Rules with respect to that station. It also claims that the staff need not consider the grandfathered short-spacing to WKQC(FM) pursuant to Section 73.213(a)(4) of the Rules in processing the Application. During the pendency of the Application, four WNOW-FM listeners objected to the relocation of the station to Bessemer City, stating that they wish for the station to remain in Gaffney. In his First Objection, Clay, a resident of Charlotte, North Carolina, objects to the original Application primarily because he views it as the
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  • first-adjacent channel Class A and Class B stations. This short spacing between WCZQ and WIXO resulted from the October 2, 1989, change in the Commission's rules that increased the maximum permissible ERP and HAAT and minimum distance separation requirements for Class A stations. Thus, WCZQ and WIXO are grandfathered short-spaced stations that may be modified or relocated pursuant to Section 73.213(c), provided certain requirements are met. The WCZQ application (the ``WCZQ Application'') proposes to increase the WCZQ facilities to maximum permissible Class A facilities, 6 kW ERP and 100 meters HAAT, at the licensed WCZQ transmitter site. The WIXO application (the ``WIXO Application'') proposes to increase the WIXO facilities to the equivalent of maximum permissible Class B facilities, 39 kW ERP
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  • and 64.710 06/30/11 3060-0718 Part 101, Governing the Terrestrial Microwave Fixed Radio Service 06/30/09 3060-0719 Quarterly Report of IntraLATA Carriers Listing Payphone Automatic Number Identifications (ANIs) 01/31/10 3060-0723 Public Disclosure of Network Information by Bell Operating Companies (BOCs) 10/31/09 3060-0725 Quarterly Filing of Nondiscrimination Reports (on Quality of Service, Installation, and Maintenance) by Bell Operating Companies (BOC's) 08/31/09 3060-0727 Sec. 73.213 01/31/10 3060-0734 Secs. 53.209, 53.211 and 53.213; Sections 260 and 271-276 of the Communications Act of 1934, as amended 07/31/11 3060-0737 Disclosure Requirements for Information Services Provided Under a Presubscription or Comparable Arrangement 06/30/09 3060-0740 Sec. 95.1015 01/31/09 3060-0741 Implementation of the Local Competition Provisions on the Telecommunications Act of 1996 -- CC Docket No. 96-98 01/31/11 3060-0742 Secs. 52.21,
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  • it was entitled under the statute and rules. In these circumstances we do not believe the rule can reasonably be interpreted as making a hearing mandatory.''). Murray Hill Broadcasting Company, Memorandum Opinion and Order, 8 FCC Rcd 325 (1993) (``Murray Hill Order''). See Petition at 2. See Murray Hill Order, 8 FCC Rcd at 325; see also 47 C.F.R. § 73.213(a) (1987). See Murray Hill Order, 8 FCC Rcd at 325. See id. See id. at 326. See id. See id. Id. at 327. Id. Id. 47 C.F.R. §§ 1.106, 1.115. (...continued from previous page) (continued....) Federal Communications Commission DA 09-1167 Federal Communications Commission DA 09-1167 [ \  F € % 3 9 ? \ _ _ 0\ 0\
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  • it was entitled under the statute and rules. In these circumstances we do not believe the rule can reasonably be interpreted as making a hearing mandatory."). 25Murray Hill Broadcasting Company, Memorandum Opinion and Order, 8 FCC Rcd 325 (1993) ("Murray Hill Order"). 26See Petition at 2. 27See Murray Hill Order, 8 FCC Rcd at 325; see also 47 C.F.R. § 73.213(a) (1987). 28See Murray Hill Order, 8 FCC Rcd at 325. 29See id. 7198 Federal Communications Commission DA 09-1167 application, as amended.30The licensee filed an application for review of that staff action (rejecting the initial application, and granting the amended application), but actually made the authorized modifications while its application for review was pending and was operating pursuant to the granted
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  • Grandfathered Short-Spaced FM Stations, Report and Order, 12 FCC Rcd 11840, 11843, ¶ 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed); Board of Education of the City of Atlanta (WABE(FM)), Memorandum Opinion and Order, 11 FCC Rcd 7763, 7764, note 1 (1996); and 47 C.F.R. § 73.213(a). EMF I, 19 FCC Rcd at 5845. EMF filed an Opposition to the Petition on May 18, 2004, to which NPR replied on May 28, 2004. Petition at 4. Id. at 5-6. Id. at 8-9. 47 C.F.R. § 1.106(b)(1), which states in pertinent part that: If the petition is filed by a person who is not a party to the
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  • Part 101, Governing the Terrestrial Microwave Fixed Radio Service 05/31/12 3060-0719 Quarterly Report of IntraLATA Carriers Listing Payphone Automatic Number Identifications (ANIs) 03/31/13 3060-0723 47 U.S.C. Section 276, Public Disclosure of Network Information by Bell Operating Companies (BOCs) 10/31/12 3060-0725 Quarterly Filing of Nondiscrimination Reports (on Quality of Service, Installation, and Maintenance) by Bell Operating Companies (BOC's) 08/31/12 3060-0727 Sec. 73.213 10/31/12 3060-0734 Secs. 53.209, 53.211 and 53.213; and Sections 260 and 271-276 of the Communications Act of 1934, as amended 07/31/11 3060-0737 Disclosure Requirements for Information Services Provided Under a Presubscription or Comparable Arrangement 03/31/12 3060-0740 Sec. 95.1015 12/31/11 3060-0741 Implementation of the Local Competition Provisions on the Telecommunications Act of 1996 -- CC Docket No. 96-98 01/31/11 3060-0742 Secs.
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  • FCC Rcd 3403 (WTB 2000) (declining to consider unauthorized pleadings). 47 U.S.C. § 309(d)(1). See, e.g., Artistic Media Partners, Inc., Letter, 22 FCC Rcd 18676, 18676 (MB 2007). See id.; Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988). 47 U.S.C. § 309(d)(2). 47 C.F.R. § 73.316(b)(2) (``[d]irectional antennas used to protect short-spaced stations pursuant to § 73.213 or § 73.215 of the rules, that have a radiation pattern which varies more than 2 dB per 10 degrees of azimuth will not be authorized''). See Engineering Statement, attached to Petition. The radials identified in the table attached to the Engineering Statement as having a pattern change exceeding 2dB are along the 50, 190, 230 and 310 degree azimuths.
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  • In any event, Susquehanna mischaracterizes the 2009 Letter as a ``supplement.'' In fact, this filing seeks relief fundamentally different than that requested in the Petition. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Memorandum Opinion and Order, 14 FCC Rcd. 17525, 17540 n.55 (1999) (subsequent history omitted) (the ``Streamlining Order''). See 47 C.F.R. §§ 73.207, 73.213 and 73.215. Gunnison, Crawford, and Olathe, Breckenridge, Eagle, Fort Morgan, Greenwood Village, Loveland and Strasburg, CO, and Laramie, WY, Memorandum Opinion and Order, 20 FCC Rcd 5908, 5913 (MB 2005). File No. BPH-20031014AFQ. This permit also conditioned KNOR(FM) program test authority on the initiation of service by KIKT(FM) from the Cooper Facilities. Liberman filed the referenced construction permit application after
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1705A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1705A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1705A1.txt
  • kilowatts to 6 kilowatts ERP. In order to prosecute the Application as a minor modification to the WWIN-FM facilities, Radio One seeks waiver of Section 73.3573(g)(4) of the Commission's Rules (which requires that such applications demonstrate the existence of a suitable assignment or allotment site that fully complies with Sections 73.207 and 73.315 of the Rules without resort to Sections 73.213 or 73.215), and Section 73.213(a) of the Rules (which requires that any modification to the facilities of a pre-1964 short-spaced station not increase the area and population of interference to any other co-channel or first-adjacent channel station). Radio One contends that no existing short spacings will be exacerbated, as no change in the antenna, antenna height, or transmitter location is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267463A1.pdf
  • APPLICATIONS FOR AUXILIARY PERMIT DISMISSED , CHICAGO 1200 KHZ E IL CP for auxiliary purposes. WLXX-AM LICENSE CORP. WRTO 11196 BXP-20060531AMC IL FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , MANSFIELD 92.7 MHZ E LA Minor change in licensed facilities. Engineering Amendment filed 05/27/2005 Informal Objection filed by Center Broadcasting 12/23/2005 Waiver of 47 CFR Section 73.213 denied by letter 9/14/2006 Informal Objection granted 9/14/2006 Application dismissed 9/14/2006 METROPOLITAN RADIO GROUP, INC. KJVC 26617 BPH-20050216AAA LA AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , CLIFTON FORGE 1230 KHZ E VA Voluntary Assignment of License, as amended From: IMPACT BROADCASTING, INC. To: WVJT, LLC Form 314 IMPACT BROADCASTING, INC. WXCF 28341 BAL-20060630AEA VA Page 2 of 17
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-368A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-368A1.pdf
  • of license without regard to second- and third-adjacent channel spacing; 2) allow applications to be processed under the prior Section 73.207 waiver policy; 3) permit stations to use a higher signal strength, and thus less restrictive, protected contour; 4) eliminate second- and third-adjacent channel spacing restrictions; and 5) protect 1989 grandfathered Class A stations, which now must comply with Section 73.213(c), to only the 3 kW power level. We recognize the restrictions on permissible short spacing for NCE FM Class B and B1 facilities as set forth by Mullaney, and note that we will entertain waiver requests for these facilities. See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments Using Directional Antennas, Report and Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-68A1.txt
  • November 16, 1964. See, e.g., Grandfathered Short-Spaced FM Stations, 12 FCC Rcd 11840, 11843, ¶ 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed) referencing Board of Education of the City of Atlanta (WABE(FM)), 11 FCC Rcd 7763, 7764, note 1 (1996). See also 47 C.F.R. § 73.213(a). In this context, second- and third-adjacent channel interference is predicted to occur only where the ``undesired'' FM translator signal is at least 40 dB stronger than the ``desired'' signal. Thus, interference will never be predicted to occur if a low power FM translator is co-located with a second- or third-adjacent channel full service station operating at a higher authorized power.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-119A1.txt
  • Channel 296B1. First, the upgrade proposal would be short-spaced in violation of Section 73.207 of the Commission's Rules to second-adjacent Stations KROQ-FM, Channel 294B, Los Angeles, California, and KLVE(FM), Channel 298B, Los Angeles. The R&O rejected Big City's contention that its Class B1 upgrade proposal is exempt from meeting the second-adjacent channel separations of Section 73.207 by operation of Section 73.213(a)(4) of the Commission's Rules. The R&O found that this exemption permits a pre-1964, grandfathered short-spaced station to make facilities changes within its station class but not to upgrade to a higher class channel. The R&O noted that the staff had followed this rule interpretation in past cases. Second, Big City Radio's counterproposal failed to specify a theoretical fully-spaced referenced site.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-163A1.txt
  • in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) *****
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-242A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-242A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-242A1.txt
  • rejected applying the Channel 6 Order interference criteria to FM translators. Furthermore, we cannot reconcile Petitioners' claim that the Grandfathered Short-Spaced FM Order invalidated U/D analysis with the fact that, in that Order, the Commission not only sanctioned U/D analysis, it actually required the affected applicants to use U/D analysis when estimating potential interference and codified that requirement in Section 73.213(a) of the Rules. We also remain unpersuaded by Petitioners' argument that the Oregon Decision and the Oregon Reconsideration Order establish that actual interference must be defined using contour overlap analysis. In large part, Petitioners rest their arguments on the following statement in the Oregon Reconsideration Order: We pointed out in our earlier decision [the Oregon Decision] that the staff has
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • may not, involve contingent applications. The breadth of the concept is underscored by the fact that the Commission has both explicitly Federal Communications Commission FCC 98-117 3 See, e.g., Board of Education of the City of Atlanta (WABE-FM), 11 FCC Rcd 7763, 7766-67 (1996); Educational Information Corporation (WCPE(FM)), 12 FCC Rcd 6917, 6920-21 (1997). 4 See, e.g., 47 C.F.R. § 73.213(c)(2), which provides for mutual facility improvements by pairs of grandfathered short-spaced Class A stations. 5 The protected service contour of an FM station depends on its class. Class B stations are protected to their 54 dBu contour, Class B1 stations to their 57 dBu contour, and all other class stations to their 60 dBu contour. 6 Mountain Empire Radio Co.,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the applicable boxes 16b.-16d. and submit appropriate exhibits. If the station is "grandfathered" due to its authorization prior to the adoption of the FM Table of Allotments in 1964, the applicant should (1) mark box 16b., (2) list the stations to which its licensed facility is currently short-spaced, and (3) supply an exhibit demonstrating that the proposal complies with Section 73.213(a) If the station is short-spaced by virtue of a spacing-waiver grant or a rule change after 1964, the applicant should (1) mark box 16c. or 16d. as appropriate, (2) list all stations to which the licensed facility is short-spaced under these rules, and (3) supply the exhibit(s) demonstrating that the proposal complies with Section 73.213(b) and/or (c). If the applicant
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • as follows: § 73.513 Noncommercial educational FM stations operating on unreserved channels. (a) Noncommercial educational FM stations other than Class D (secondary) which operate on Channels 221 through 300 but which comply with § 73.503 as to licensing requirements and the nature of service rendered, must comply with the provisions of the following sections of subpart B: §§ 73.201 through 73.213 (Classification of FM Broadcast Stations and Allocations of Frequencies) and such other sections of subpart B as are made specially applicable by the provisions of this subpart C. Stations in Alaska authorized before August 11, 1982, using Channels 261 through 300 need not meet the minimum effective radiated power requirement specified in §73.211(a). In all other respects, stations operating on
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf
  • of license without regard to second- and third-adjacent channel spacing; 2) allow applications to be processed under the prior Section 73.207 waiver policy; 3) permit stations to use a higher signal strength, and thus less restrictive, protected contour; 4) eliminate second- and third-adjacent channel spacing restrictions; and 5) protect 1989 grandfathered Class A stations, which now must comply with Section 73.213(c), to only the 3 kW power level. We recognize the restrictions on permissible short spacing for NCE FM Class B and B1 facilities as set forth by Mullaney, and note that we will entertain waiver requests for these facilities. 20 See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments Using Directional Antennas, Report and
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1226A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1226A1.pdf
  • 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 adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated that it was not relaxing second and third adjacent channel separation requirements as allotment and assignment criteria for any group of FM stations except for pre-1964
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1367A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1367A1.pdf
  • existing short-spacing. For that reason, we returned Keymarket's petition for rule making as unacceptable for filing. 3. In its petition for reconsideration, Keymarket contends that in Grandfathered Short-Spaced FM Stations, the Commission revised its application and allotment policies for grandfathered, short-spaced stations to eliminate all spacing requirements to second-adjacent and third-adjacent channel stations. Similarly, Keymarket argues that, under current Section 73.213(a)(4) of the Commission's Rules, there are no required second or third adjacent separation requirements for pre-1964 grandfathered stations. Keymarket also cites several decisions purporting to establish that pre-1964 grandfathered, short-spaced stations ``are commonly permitted to change community of license via a petition to amend the FM Table of Allotments.'' 4. Keymarket's representation of the Commission's holding in Grandfathered Short-Spaced FM
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2566A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2566A1.pdf
  • this Notice of Proposed Rule Making. 47 C.F.R. §§ 1.420(g) and (i). The following existing approved short-spacings would not change: Grandfathered pre-1964 short-spacings to Stations WQXR-FM, Channel 242B, New York, New York; WTIC-FM, Channel 243B, Hartford, Connecticut; and WTSX(FM), Channel 244A, Port Jervis, New York; and a grandfathered, pre-1989 short-spacing to WQHT(FM), Channel 246B, New York, New York. See Section 73.213 of the Commission's rules, 47 C.F.R. §73.213(a) and (c). In addition, there is an approved short-spacing requested by FM Station WHBE, Channel 244A, East Hampton, New York, pursuant to section 73.215 of the Commission's rules, 47 C.F.R. §73.215. See Killeen and Cedar Park, Texas, Report and Order, 15 FCC Rcd 1945 (MMB 2000), and cases cited therein. See Glasgow and
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-119A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-119A1.pdf
  • Channel 296B1. First, the upgrade proposal would be short-spaced in violation of Section 73.207 of the Commission's Rules to second-adjacent Stations KROQ-FM, Channel 294B, Los Angeles, California, and KLVE(FM), Channel 298B, Los Angeles. The R&O rejected Big City's contention that its Class B1 upgrade proposal is exempt from meeting the second-adjacent channel separations of Section 73.207 by operation of Section 73.213(a)(4) of the Commission's Rules. The R&O found that this exemption permits a pre-1964, grandfathered short-spaced station to make facilities changes within its station class but not to upgrade to a higher class channel. The R&O noted that the staff had followed this rule interpretation in past cases. Second, Big City Radio's counterproposal failed to specify a theoretical fully-spaced referenced site.
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) *****
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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. [198]TEXT [199]PDF 73.232 Territorial exclusivity. [200]TEXT [201]PDF 73.239 Use of common antenna site. [202]TEXT [203]PDF 73.258 Indicating instruments. [204]TEXT [205]PDF 73.267 Determining operating power. [206]TEXT [207]PDF 73.277 Permissible transmissions. [208]TEXT [209]PDF 73.293 Use of FM multiplex subcarriers. [210]TEXT [211]PDF 73.295 FM
• http://transition.fcc.gov/fcc-bin/audio/engrser.html
  • policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005. [ [59]PDF |
• http://transition.fcc.gov/fcc-bin/audio/fmpower.html
  • 6.0 kW ERP at 100 meters HAAT. Reference parameters for the various classes are specified in [50]47 CFR 73.211 and may be viewed at [51]FM Station Classes page. Options are also available for 3.0 kW ERP / 100 meter HAAT Class A stations, as well as for existing grandfathered short-spaced Class A stations covered by the provisions of [52]47 CFR 73.213(c). For shorter antenna heights, the equivalent ERP will often be larger than the maximum permitted ERP for the station class. In such cases, a warning message will be posted. In practical terms, this means that coverage equivalent to the reference facilities for the station class cannot be obtained with the given HAAT. (This also illustrates the importance of antenna height
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
  • Proposed Rulemaking ("Notice") setting forth the proposed rule changes, which were intended to eliminate the existing two-step application process for AM, FM, and television stations under certain conditions and to make certain other rules and policies are more readily understandable. Specifically, we proposed to (1) allow those FM commercial broadcast stations not governed by the provisions of 47 C.F.R. Sections 73.213 and 73.215, or limited by certain other narrow restrictions, to increase effective radiated power (ERP) to the maximum permitted for the station class without the prior requirement of a construction permit; (2) modify 47 C.F.R. Section 73.1620 to allow directional FM stations to commence program test operations at half power or the ERP corresponding to the deepest null of the
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-2568.html
  • C.F.R. Section 73.207 of the Commission's rules. See 47 CFR Section 73.1690(c)(7). The ERP increase may only be implemented where ALL OF THE FOLLOWING ARE TRUE: ______ i) A showing must be provided to demonstrate that the FM station complies with the minimum separation requirements of 47 CFR 73.207. The FM station may not be "grandfathered" under 47 CFR Section 73.213 or authorized under the contour protection rule 47 CFR Section 73.215. ______ ii) If located in or near a radio quiet zone, radio coordination zone, or a Commission monitoring station, written approval has been secured from that radio quiet zone, radio coordination zone, or the Commission's Compliance and Information Bureau in the case of a monitoring station, PRIOR to implementation
• http://transition.fcc.gov/mb/audio/decdoc/engrser.html
  • policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005. [ [59]PDF |
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • may not, involve contingent applications. The breadth of the concept is underscored by the fact that the Commission has both explicitly Federal Communications Commission FCC 98-117 3 See, e.g., Board of Education of the City of Atlanta (WABE-FM), 11 FCC Rcd 7763, 7766-67 (1996); Educational Information Corporation (WCPE(FM)), 12 FCC Rcd 6917, 6920-21 (1997). 4 See, e.g., 47 C.F.R. § 73.213(c)(2), which provides for mutual facility improvements by pairs of grandfathered short-spaced Class A stations. 5 The protected service contour of an FM station depends on its class. Class B stations are protected to their 54 dBu contour, Class B1 stations to their 57 dBu contour, and all other class stations to their 60 dBu contour. 6 Mountain Empire Radio Co.,
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da000068.doc
  • proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW., Washington, D.C. The reference coordinates for the Channel 255A allotment at Webster, Massachusetts, are 42-02-10 and 71-59-23. Station WORC-FM may continue to operate pursuant to the separation requirements set forth in Section 73.213(c)(1) of the Rules with respect to Station WPLM-FM, Channel 256B, Plymouth, Massachusetts, and Station WPLR, Channel 256B, New Haven, Connecticut. Federal Communications Commission DA 00- 68 Federal Communications Commission DA 00-68 U e Æ H ² ³ 0 Œ P‚
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the applicable boxes 16b.-16d. and submit appropriate exhibits. If the station is "grandfathered" due to its authorization prior to the adoption of the FM Table of Allotments in 1964, the applicant should (1) mark box 16b., (2) list the stations to which its licensed facility is currently short-spaced, and (3) supply an exhibit demonstrating that the proposal complies with Section 73.213(a) If the station is short-spaced by virtue of a spacing-waiver grant or a rule change after 1964, the applicant should (1) mark box 16c. or 16d. as appropriate, (2) list all stations to which the licensed facility is short-spaced under these rules, and (3) supply the exhibit(s) demonstrating that the proposal complies with Section 73.213(b) and/or (c). If the applicant
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99226.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99226.txt
  • WPLY(FM), Media, Pennsylvania, from their present site in Newtown Square, Pennsylvania, to the Roxboro antenna farm in Philadelphia. It seeks three FM spacing rule waivers in connection with its proposal: (1) waiver of 47 C.F.R. § 73.215 to move WPLY 3.1 kilometers closer than the rule allows to first-adjacent-channel Class A station WJRZ-FM, Manahawkin, New Jersey; (2) waiver of Section 73.213(a) to move WPLY 5.3 kilometers closer than allowed to second-adjacent-channel Class B station WFMZ(FM), Allentown, Pennsylvania; and (3) waiver of Section 73.213(a) to move WPLY 16.9 kilometers closer than allowed to co-channel Class B station WHTZ(FM), Newark, New Jersey. 3. In its construction permit application, Greater Media contended that WPLY's present site is unsuitable because of Receiver-Induced Third Order Intermodulation
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000143.doc
  • KSTV. In response to the Notice, TexasStar and Cen-Tex state that it is wrong for the Commission to treat a request by an existing short-spaced station to change its community of license as a new allotment, as the station is making a major change in its facilities and should be governed by current Commission Rules as set forth in Sections 73.213 and 73.215 for these types of changes. Further, TexasStar and Cen-Tex argue that the Commission should not limit this policy to pre-1964 grandfathered short-spaced stations and that the same rationale should apply to stations that are short-spaced regardless of the reason. TexasStar and Cen-Tex point out that in a Petition for Rule Making (RM-9395) filed by USA Digital Radio Partners,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000740.doc
  • Branch Policy and Rules Division Mass Media Bureau The reference coordinates for the Channel 255A allotment at Webster, Massachusetts, are 42-02-10 and 71-59-23. Subsequent to the earlier Report and Order in MM Docket No. 98-174, Station WORC-FM continued to operate from this formerly licensed site. Station WORC-FM may continue to operate pursuant to the separation requirements set forth in section 73.213 (c)(1) of the Rules with respect to Station WPLM-FM, Channel 256B, Plymouth, Massachusetts, and Station WPLR, Channel 256B, New Haven, Connecticut. Federal Communications Commission DA 97- Federal Communications Commission DA 97- Federal Communications Commission DA 00- Federal Communications Commission DA 00- Federal Communications Commission DA 00- Federal Communications Commission DA 00- Federal Communications Commission DA 00- Federal Communications Commission DA
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001898.doc
  • Inc. (``Bott'') filed a counterproposal. Clair, Lake Area Educational Broadcasting Foundation (``Lake Area''), and Bick jointly filed an Opposition to the counterproposal (``Petitioners''). 2. Bott counterproposed the allotment of Channel 262A to Wheatland, Missouri, as that community's first local aural service. Bott argues that the upgrades proposed in the Notice can be accomplished through a mutual agreement pursuant to Section 73.213(c)(2) of the Rules allowing for the allotment of Channel 262A at Wheatland as a first local service. Bott believes this resolution would be a far better use of the spectrum. Bott states that its engineering analysis confirms that city grade coverage of Wheatland can be provided from its proposed site and that a total of 32,828 people within 2,863 square
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00038.doc
  • Rules with respect to Station WEAG-FM, Channel 292A, Starke, Florida. The Report and Order stated that because the petition for rule making filed by Heart of Citrus was filed prior to the October 2, 1989, effective date of the new FM separation requirements, Heart of Citrus may avail itself of the former 138-kilometer separation requirement now set forth in Section 73.213(c)(1) of the Rules in regard to Station WEAG-FM. 4. Dickerson Broadcasting, licensee of Station WEAG-FM, filed a Petition for Reconsideration directed against that Report and Order. In that Petition for Reconsideration, Dickerson Broadcasting argued that the Channel 292C3 allotment at Beverly Hills was made without notice and that the allotment poses an impediment to its efforts to increase the operating
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • as follows: § 73.513 Noncommercial educational FM stations operating on unreserved channels. (a) Noncommercial educational FM stations other than Class D (secondary) which operate on Channels 221 through 300 but which comply with § 73.503 as to licensing requirements and the nature of service rendered, must comply with the provisions of the following sections of subpart B: §§ 73.201 through 73.213 (Classification of FM Broadcast Stations and Allocations of Frequencies) and such other sections of subpart B as are made specially applicable by the provisions of this subpart C. Stations in Alaska authorized before August 11, 1982, using Channels 261 through 300 need not meet the minimum effective radiated power requirement specified in §73.211(a). In all other respects, stations operating on
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00128.doc
  • Order in MM Docket No. 96-120, 12 FCC Rcd 11840 (1997) (``Grandfathered Short-Spaced Stations R&O''). As discussed below, the Commission specifically addressed the latter decision in the MO&O, and Greater Media uses the former merely to repeat contentions already rejected in the MO&O. Greater Media sought three FM spacing rule waivers in connection with its construction permit application: two Section 73.213(a) waivers and one Section 73.215 waiver. 47 C.F.R. §§ 73.213(a), 73.215; see MO&O, FCC 99-226 at ¶ 2. Greater Media argues that grant of its two Section 73.213(a) waiver requests is warranted based on the Grandfathered Short-Spaced Stations R&O. As Greater Media points out, the Commission acknowledged that this decision eliminated the need for one of Greater Media's Section 73.213(a)
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.txt
  • of license without regard to second- and third-adjacent channel spacing; 2) allow applications to be processed under the prior Section 73.207 waiver policy; 3) permit stations to use a higher signal strength, and thus less restrictive, protected contour; 4) eliminate second- and third-adjacent channel spacing restrictions; and 5) protect 1989 grandfathered Class A stations, which now must comply with Section 73.213(c), to only the 3 kW power level. We recognize the restrictions on permissible short spacing for NCE FM Class B and B1 facilities as set forth by Mullaney, and note that we will entertain waiver requests for these facilities. See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments Using Directional Antennas, Report and Order
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00373.doc
  • conclusion on its independent review and finding that the facilities as constructed are roughly equivalent to those authorized, with similar coverage areas. The staff found there was no evidence of a motive to mislead the Commission. 6. In addition, the staff stated that a grant of the corrective modification application filed by Multicultural would result in a violation of Section 73.213(a) of our rules, because the proposed facilities would increase predicted interference to several grandfathered short spaced stations. See 47 C.F.R. § 72.213(a). The staff noted, however, that reducing the ERP from 659 watts to 610 watts would bring the facilities into compliance. The staff then, on its own motion, granted the corrective modification application with an ERP of 610 watts
• http://www.fcc.gov/Forms/Form301/301.pdf
  • the applicable boxes 16b-16d and submit appropriate exhibits. If the station is "grandfathered" due to its authorization prior to the adoption of the FM Table of Allotments in 1964, the applicant should (1) mark box 16b, (2) list the stations to which its licensed facility is currently short-spaced, and (3) supply an exhibit demonstrating that the proposal complies with Section 73.213(a). If the station is short-spaced by virtue of a spacing- waiver grant or a rule change after 1964, the applicant should (1) mark box 16c or 16d as appropriate, (2) list all stations to which the licensed facility is short- spaced under these rules, and (3) supply the exhibit(s) demonstrating that the proposal complies with Section 73.213(b) and/or (c). 17
• http://www.fcc.gov/Forms/Form340/340.pdf
  • need mark only box 13(b). If the answer to (b) is "No," attach as an Exhibit a statement describing the short spacing(s) and how it or they arose. c. Grandfathered Short-Spaced Stations. If the station is "grandfathered" the applicant should (1) mark box 13c, (2) list the stations, and (3) supply an Exhibit demonstrating that the proposal complies with Section 73.213. d. Contour Protection. If the applicant wishes to be processed under the contour protection standards of Section 73.215, the applicant should (1) mark box 13d, (2) list all stations for which it proposes to employ contour protection, and (3) supply the exhibit(s) demonstrating that the proposal complies with Section 73.215. The Exhibit should be a complete engineering study to establish
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  • be decreased from 62.5 kilometers to 41.8 kilometers. Also, the substitution of Channel 281A for Channel 296A at Fallbrook would eliminate the existing 2.8 kilometer short-spacing between Station KSYY(FM), Channel 296A, Fallbrook, and Station KYOR(FM), Channel 295B at Yucca Valley, California. Big City further contends that the reduced short-spacings are permissible for allotment purposes because they ``will automatically satisfy [Section] 73.213 protection requirements to both KLVE(FM) and KROQ-FM (because Section 73.213 no longer requires protection of second-adjacent channel related grandfathered short-spaced stations.)'' Third, although Big City acknowledges that, using 1990 U.S. Census figures, the upgrade at Arcadia and the related channel change at Fallbrook would result in a loss of service to 2,843,612 persons in the primary service contours (i.e., 60
• http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.pdf
  • 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 adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated that it was not relaxing second and third adjacent channel separation requirements as allotment and assignment criteria for any group of FM stations except for pre-1964
• http://www.fcc.gov/fcc-bin/audio/DA-08-1232A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1232A1.pdf
  • the existing tower utilized by Station WBTV(TV), Charlotte, North Carolina, and specified Class C1 facilities. The amended Application also is short-spaced to Station WDCG(FM) and GBI proposes a directional antenna and processing under Section 73.215 of the Rules with respect to that station. It also claims that the staff need not consider the grandfathered short-spacing to WKQC(FM) pursuant to Section 73.213(a)(4) of the Rules in processing the Application. During the pendency of the Application, four WNOW-FM listeners objected to the relocation of the station to Bessemer City, stating that they wish for the station to remain in Gaffney. In his First Objection, Clay, a resident of Charlotte, North Carolina, objects to the original Application primarily because he views it as the
• http://www.fcc.gov/fcc-bin/audio/DA-10-1006A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1006A1.pdf
  • Grandfathered Short-Spaced FM Stations, Report and Order, 12 FCC Rcd 11840, 11843, ¶ 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed); Board of Education of the City of Atlanta (WABE(FM)), Memorandum Opinion and Order, 11 FCC Rcd 7763, 7764, note 1 (1996); and 47 C.F.R. § 73.213(a). EMF I, 19 FCC Rcd at 5845. EMF filed an Opposition to the Petition on May 18, 2004, to which NPR replied on May 28, 2004. Petition at 4. Id. at 5-6. Id. at 8-9. 47 C.F.R. § 1.106(b)(1), which states in pertinent part that: If the petition is filed by a person who is not a party to the
• http://www.fcc.gov/fcc-bin/audio/DA-10-701A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-701A1.pdf
  • FCC Rcd 3403 (WTB 2000) (declining to consider unauthorized pleadings). 47 U.S.C. § 309(d)(1). See, e.g., Artistic Media Partners, Inc., Letter, 22 FCC Rcd 18676, 18676 (MB 2007). See id.; Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988). 47 U.S.C. § 309(d)(2). 47 C.F.R. § 73.316(b)(2) (``[d]irectional antennas used to protect short-spaced stations pursuant to § 73.213 or § 73.215 of the rules, that have a radiation pattern which varies more than 2 dB per 10 degrees of azimuth will not be authorized''). See Engineering Statement, attached to Petition. The radials identified in the table attached to the Engineering Statement as having a pattern change exceeding 2dB are along the 50, 190, 230 and 310 degree azimuths.
• http://www.fcc.gov/fcc-bin/audio/DA-10-787A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-787A1.pdf
  • In any event, Susquehanna mischaracterizes the 2009 Letter as a ``supplement.'' In fact, this filing seeks relief fundamentally different than that requested in the Petition. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Memorandum Opinion and Order, 14 FCC Rcd. 17525, 17540 n.55 (1999) (subsequent history omitted) (the ``Streamlining Order''). See 47 C.F.R. §§ 73.207, 73.213 and 73.215. Gunnison, Crawford, and Olathe, Breckenridge, Eagle, Fort Morgan, Greenwood Village, Loveland and Strasburg, CO, and Laramie, WY, Memorandum Opinion and Order, 20 FCC Rcd 5908, 5913 (MB 2005). File No. BPH-20031014AFQ. This permit also conditioned KNOR(FM) program test authority on the initiation of service by KIKT(FM) from the Cooper Facilities. Liberman filed the referenced construction permit application after
• http://www.fcc.gov/fcc-bin/audio/DA-11-1705A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1705A1.pdf
  • kilowatts to 6 kilowatts ERP. In order to prosecute the Application as a minor modification to the WWIN-FM facilities, Radio One seeks waiver of Section 73.3573(g)(4) of the Commission's Rules (which requires that such applications demonstrate the existence of a suitable assignment or allotment site that fully complies with Sections 73.207 and 73.315 of the Rules without resort to Sections 73.213 or 73.215), and Section 73.213(a) of the Rules (which requires that any modification to the facilities of a pre-1964 short-spaced station not increase the area and population of interference to any other co-channel or first-adjacent channel station). Radio One contends that no existing short spacings will be exacerbated, as no change in the antenna, antenna height, or transmitter location is
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • as follows: § 73.513 Noncommercial educational FM stations operating on unreserved channels. (a) Noncommercial educational FM stations other than Class D (secondary) which operate on Channels 221 through 300 but which comply with § 73.503 as to licensing requirements and the nature of service rendered, must comply with the provisions of the following sections of subpart B: §§ 73.201 through 73.213 (Classification of FM Broadcast Stations and Allocations of Frequencies) and such other sections of subpart B as are made specially applicable by the provisions of this subpart C. Stations in Alaska authorized before August 11, 1982, using Channels 261 through 300 need not meet the minimum effective radiated power requirement specified in §73.211(a). In all other respects, stations operating on
• http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.pdf
  • November 16, 1964. See, e.g., Grandfathered Short-Spaced FM Stations, 12 FCC Rcd 11840, 11843, ¶ 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed) referencing Board of Education of the City of Atlanta (WABE(FM)), 11 FCC Rcd 7763, 7764, note 1 (1996). See also 47 C.F.R. § 73.213(a). In this context, second- and third-adjacent channel interference is predicted to occur only where the ``undesired'' FM translator signal is at least 40 dB stronger than the ``desired'' signal. Thus, interference will never be predicted to occur if a low power FM translator is co-located with a second- or third-adjacent channel full service station operating at a higher authorized power.
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215. 5. Section 73.1690 is amended by revising paragraph (b) and adding sub-paragraph (9) to read as follows: § 73.1690 Modification of transmission systems. ***** (b) *****
• http://www.fcc.gov/fcc-bin/audio/FCC-08-242A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-242A1.pdf
  • rejected applying the Channel 6 Order interference criteria to FM translators. Furthermore, we cannot reconcile Petitioners' claim that the Grandfathered Short-Spaced FM Order invalidated U/D analysis with the fact that, in that Order, the Commission not only sanctioned U/D analysis, it actually required the affected applicants to use U/D analysis when estimating potential interference and codified that requirement in Section 73.213(a) of the Rules. We also remain unpersuaded by Petitioners' argument that the Oregon Decision and the Oregon Reconsideration Order establish that actual interference must be defined using contour overlap analysis. In large part, Petitioners rest their arguments on the following statement in the Oregon Reconsideration Order: We pointed out in our earlier decision [the Oregon Decision] that the staff has
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/92-576.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit SFCCRcdNo.2 Beforethe FederalCommunicationsCommission Washington,D.C.20554 InreApplicationof MURRAYHILL FileNo.BPH-870225IP BROADCASTINGCOMPANY ForaConstructionPermitfor MinorChangesinStationWQMG-FM, Greensboro,NorthCarolina MEMORANDUMOPINIONANDORDER Adopted:December30,1992; Released:January11,1993 ByTheCommission: 1.TheCommissionhasbeforeitforconsideration(a)an ApplicationforReview,filedAugust8.1988.byMurray HillBroadcastingCompany("Murray"),licenseeofStation WQMG-FM,Greensboro,NorthCarolina:(b)anOpposi- tionthereto,filedAugust23,1988,byWilkesBroadcasting Company("Wilkes"),licenseeofStationWKBC-FM,North Wilkesboro,NorthCarolina;and(c)relatedpleadings. 2.MurrayrequeststhattheCommissionreviewandre- versethestaffactionofJune29,1988,whichrejected Murray'sapplication,asoriginallyfiled,butgrantedMur- ray'sapplication,asamended.Forthereasonsthatfollow, weaffirmthestaffaction. Inrelevantpart,then-existing§73.213.whichappliestothis case,provided: (a)StationsauthorizedpriortoNovember16,1964,atloca- tionsthatdonotmeettheminimumdistancesspecifiedin§ 73.207mayapplyforchangesinfacilitiesiftherequestedfacili- tiesconformtothoselistedinthefollowingtable: (e)ThepowerslistedinthetablearethemaximumstheFCC willauthorize.... (f)Thefollowingprovisionswillgovernapplicationsformove oftransmittersite: FederalCommunicationsCommissionRecord BACKGROUND FCC92-576 3.StationWQMG-FMisaClassCstation,which,atthe timeMurrayfiledthecaptionedapplication,waslicensed tooperateonChannel246with100kWeffectiveradiated power("ERP")at157metersheightaboveaverageterrain ("HART").StationWKBC-FM.alsoaClassCfacility,is licensedtooperateonfirstadjacentChannel247.The stationswere,atthetimethecaptionedapplicationwas filed,located123.2kmapartandconsidered"grandfather- ed"short-spacedstationsunderformer§73.213ofthe Commission'sRules! 4.MurrayfiledthecaptionedapplicationonFebruary 25,1987,topreserveWQMG-FM'sClassCstatus,inaccor- dancewithFMBroadcastStations,94FCC2d152(1983). TheapplicationproposedtomoveWQMG-FM'stransmit- tingantenna8.1kilometersclosertoWKBC-FM(thus, reducingtheshortseparationto115.1km),andtooperate WQMG-FMwith22.9kWERP(inthedirectionof WKBC-FM)at315metersHART. 5.Murraymaintainedthatitsproposalsatisfiedthere- quirementsofthen-existing§73.213.Wilkesarguedother- wiseinaninformalobjectiontotheapplication,filedon August4,1987.Inthefirstoftwodecisions,thestaff,on January7,1988,dismissedMurray'sapplicationbecauseit proposedanERPforWQMG-FMwhich,inthedirection ofWKBC-FM,exceededtheIllkWmaximumsetforthin §73.213(a)forfirstadjacentClassCstationslocatedless than121kmapart. 6.Subsequently,onFebruary8.1988.Murrayfileda PetitionforReconsiderationofthestaffaction.Therein, Murrayarguedthatthestaffhaderredinconcludingthat Murray'sproposalviolated§73.213.and,inanyevent,a waiverof§73.213wasjustified.Inthealternative,Murray profferedacontingentamendmenttoitsapplicationwhich reducedpowertocomplywiththestaffsinterpretationof §73.213,asexpressedinitsJanuary7.1988.decision.It wasMurray'sintentionthattheamendmentbeconsidered onlyintheeventthestaffagainrejectedtheoriginalpro- posal. (2)Stationsshort-spacedwithrespecttootherstations under§73.207mayapplytomovetransmittersite.even thoughbythemovetheseparationwouldbefurther shortened,underthefollowingconditionsandwiththe followingfacilities: (ii)Whenastationdoesnotmeettheminimumsepara- tionstoco-channeloradjacentchannelstations,itmay applyforuptothemaximumfacilitiesfortheseparations thatwouldexistatthenewtransmittersite.(Seepara- graph(f)(2)(iii)ofthissectionforfurtherrestrictionson
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-276.pdf
  • of proposing modifications to existing facilities.2 The Notice also responded to a "Joint Petition" for rule making filed February 1, 1991, by the firms of Hatfield and Dawson; du Treil, Lundin and Rackley, Inc.; and Cohen, Dippell and Everist, P.C., ("Joint Petitioners"), proposing similar changes. In the Notice, we proposed revisions to our broadcast regulations to re-examine 47 C.F.R. ' 73.213(a), which currently sets forth how stations authorized prior to November 16, 1964, that did not meet the separation distances required by 47 C.F.R. ' 73.207, and have remained short-spaced since that time, may modify operating facilities. The Notice proposed changing three specific aspects of Section 73.213(a). The rules adopted in this Order permit the utmost in flexibility for this class
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
  • Proposed Rulemaking ("Notice") setting forth the proposed rule changes, which were intended to eliminate the existing two-step application process for AM, FM, and television stations under certain conditions and to make certain other rules and policies are more readily understandable. Specifically, we proposed to (1) allow those FM commercial broadcast stations not governed by the provisions of 47 C.F.R. Sections 73.213 and 73.215, or limited by certain other narrow restrictions, to increase effective radiated power (ERP) to the maximum permitted for the station class without the prior requirement of a construction permit; (2) modify 47 C.F.R. Section 73.1620 to allow directional FM stations to commence program test operations at half power or the ERP corresponding to the deepest null of the
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • The proposed facility complies with community coverage requirements of 47 CFR ( 73.315. 15.Main Studio Location. The main studio complies with requirements of 47 CFR ( 73.1125. 16.Interference. The proposed facility complies with all of the following applicable rule sections. Check all those that apply. Separation Requirements. a) ( 47 CFR ( 73.207 Grandfathered Short-Spaced. b) ( 47 CFR ( 73.213(a) with respect to station(s): ________________ Exhibit Required. c) ( 47 CFR ( 73.213(b) with respect to station(s): ________________ Exhibit Required. d) ( 47 CFR ( 73.213(c) with respect to station(s): ________________ Exhibit Required. Contour Protection. e) ( 47 CFR ( 73.215 with respect to station(s): ________________ Exhibit Required. Cross-Modulation. The applicant accepts full responsibility for the elimination of cross-modulation interference
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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. [198]TEXT [199]PDF 73.232 Territorial exclusivity. [200]TEXT [201]PDF 73.239 Use of common antenna site. [202]TEXT [203]PDF 73.258 Indicating instruments. [204]TEXT [205]PDF 73.267 Determining operating power. [206]TEXT [207]PDF 73.277 Permissible transmissions. [208]TEXT [209]PDF 73.293 Use of FM multiplex subcarriers. [210]TEXT [211]PDF 73.295 FM
• http://www.fcc.gov/mb/audio/decdoc/engrser.html
  • policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005. [ [59]PDF |
• http://www.fcc.gov/mb/audio/includes/30-engrser.htm
  • policies, issues, or requirements. A function is available to provide [7]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [8]PDF | [9]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [10]70 FR 44537, released June 14, 2005. [ [11]PDF | [12]Word ] NOTE: Erratum, released June 22, 2005. [ [13]PDF |
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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. [151]TEXT [152]PDF 73.232 Territorial exclusivity. [153]TEXT [154]PDF 73.239 Use of common antenna site. [155]TEXT [156]PDF 73.258 Indicating instruments. [157]TEXT [158]PDF 73.267 Determining operating power. [159]TEXT [160]PDF 73.277 Permissible transmissions. [161]TEXT [162]PDF 73.293 Use of FM multiplex subcarriers. [163]TEXT [164]PDF 73.295 FM