FCC Web Documents citing 73.315

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

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • � 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The
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  • a result of the reallotment of Channel 265A from Otsego to Allegan does not present an impediment to Forum's rulemaking petition. 3. A thorough review of Forum's Petition for Rule Making reveals that the proposal to substitute Channel 222 for Channel 265A at Otsego will not result in Otsego being encompassed with a 70 dBu signal, as required by Section 73.315(a) of the Commission's Rules. In fact, the city of license, Otsego, Michigan, is 18.1 kilometers from the transmitter site chosen by Forum to serve Otsego. The predicted distance for a 70 dBu signal transmitted by a Class A FM station operating with maximum facilities, i.e., 6 kilowatts of effective radiated power and 100 meters of antenna height above average terrain
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  • future interest in providing a local transmission service at that community. 4. In further support of the reallotment of Channel 251C to Craig, petitioner comments that the terrain surrounding Meeker severely limits the transmitter site locations for Station KAYW where 3.16 mV/m signal strength coverage of the community can be achieved. As a result, petitioner alleges that compliance with Section 73.315(a) would restrict primary service coverage to the most populous areas in the region and therefore would economically hamper Station KAYW's ability to sustain its operation at Meeker. Conversely, petitioner avers that the proposed site at Craig at coordinates 40-20-35 NL and 108-04-56 WL, located in less severe terrain, will comply with the requirements of Section 73.315(a) of the Commission's Rules,
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  • and fourth local aural transmission service, and the allotment of Channel 277A at Gilman would provide the community with its first local aural transmission service. Accordingly, following the FM allotment priorities, Gilman would have preference. Channel 277A can be allotted at Gilman consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules with a site restriction of 10 kilometers (6.2 miles) south of the community. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective November 27, 2000, the FM
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  • caption. Chase proposed the allotment of Channel 237A to Rosman, North Carolina, as its first local aural service. However, its counterproposal was not accepted for consideration in this proceeding as it specified a transmitter site 17.9 kilometers (11.1 miles) northwest of Rosman, too far to assume city-grade coverage of the community by a Class A FM facility pursuant to Section 73.315 of the Commission's Rules. Nevertheless, after the record closed herein, Chase withdrew its proposal stating that it no longer intended to pursue the proposed Rosman allotment. In compliance with Section 1.420(j) of the Commission's Rules, Chase also provides a certification that neither it nor its principals have received or will receive any consideration in exchange for the dismissal or withdrawal
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  • modification, suspension, or termination without right to hearing if specifically objected to by Industry Canada. This condition will be removed once formal approval for the allotment is received from Industry Canada.'' Therefore, the following channels can be allotted at their respective communities consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules. We will substitute 1) Channel 284C2 for Channel 285C2 at Wenatchee, Washington, and modify Station KKRV's license at its present site 10.2 kilometers (6.3 miles) northeast of the community; 2) Channel 285C3 for Channel 285A at Eatonville, Washington, and modify Station KFNK's license at its present site 6.4 kilometers (4 miles) southeast of the community; 3)
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  • the substitution of Channel 285C2 for Channel 274C3 and modification of its license accordingly. Petitioner did not state its intention to apply for Channel 285C2, if allotted to Window Rock, and is therefore requested to do so in responsive comments. 2. A staff analysis has determined that Channel 285C2 can be allotted to Window Rock, consistent with Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at the petitioner's presently licensed site located 3.3 kilometers (2 miles) southeast of the community at coordinates 35-39-19 NL and 109-01-59 WL. 3. We believe the public interest would be served by consideration of the petitioner's proposal since it could provide Window Rock with an expanded coverage area FM service. Therefore, we will propose to modify
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  • It also argues that the Mecca proposal failed to specify a specific site for the Indian Wells allotment in its pleading and that the required reference site, the Mecca transmitter site, is 30.6 kilometers (19.0 miles) from the reference point of Indian Wells, and thus is too distant to place a city-grade signal over the community. It notes that Section 73.315 of the rules requires a maximum distance of 16.2 kilometers (10.1 miles) for Class A stations. Also, according to petitioner, on a comparative basis, Indian Wells should be preferred over Mecca, an unincorporated rural community, with a 1990 U.S. Census population of 1,966 persons. With respect to Indio, petitioner argues that the Indian Wells proposal should be preferred over the
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  • as the community's first local aural transmission service. Petitioner and Montrose filed reply comments. Montrose also filed a supplement to its counterproposal. 2. In its reply comments, Montrose contends that the proposed allotment of Channel 227A at Susquehanna is technically defective because of a major obstruction which would preclude line-of-sight coverage to all of the community as required by Section 73.315(b) of the Commission's Rules. Because of this obstruction, Montrose further contends that since the obstruction cannot be remedied by construction of a realistic tower, the petitioner's proposal should be denied, citing Jefferson City, Tennessee, et al., 13 FCC Rcd 2303 (1998). Similarly, in its reply comments, petitioner contends that Montrose's proposed site for the allotment of Channel 227A at Hallstead,
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  • Gaviota qualifies as a community for allotment purposes. 7. As to site availability to accommodate proposed Channel 266A at Gaviota, petitioner provided evidence that it has leased property for the proposed Gaviota allotment site that is located .5 kilometers from the coordinates specified for Channel 266A in the Notice. Petitioner alleges that from the leased site the requirements of � 73.315 of the Commission's Rules will be met. 8. In opposition comments, Stratosphere urges that the petitioner has not met his burden of demonstrating that Gaviota possess characteristics of a community such as social, economic or cultural indicia to qualify as such for allotment purposes. Further, Stratosphere asserts that Gaviota's mere location is not an indicator of community status. Moreover, Stratosphere
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  • for allotment at McKinleyville in addition to Channel 236C3, we will allot both channels. We consider CCN's counterproposal to be an expression of interest in any channel that we allot and reserve for noncommercial use. Channel 236C3 can be allotted at McKinleyville consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's without a site restriction. We will allot Channel 277C3 at McKinleyville with a site restriction of 18.1 kilometers (11.2 miles) north of the community and reserve it for noncommercial educational use. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61,
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  • of the loss area will continue to receive at least five services. Since Station KIKV-FM is not changing site, its reallotment involves no loss or gain in service. An engineering analysis has determined that Channel 232C3 can be allotted at Alexandria, Minnesota, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 8.8 kilometers (5.5 miles) northwest of the community. Additionally, Channel 264C1 can be reallotted from Alexandria to Sauk Centre consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at Station KIKV-FM's current site 15.6 kilometers (9.7 miles) west
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  • Willow Creek. No reply comments were filed. 2. We believe that the public interest would be served by the allotment of Channel 253A at Willow Creek, California, as it will provide a first local aural transmission service to that community. Either Channel 295A or Channel 253A can be allotted to Willow Creek, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules. Since Four Rivers has expressed a clear intent to file an application for Channel 253A, if allotted to Willow Creek, and since we consider channels of the same class to be equivalent, we shall allot Channel 253A to Willow Creek. 3. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b)
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  • trigerring Priority 3. We conclude, therefore, that Alpine's proposal to relocate KSIL(FM) as upgraded on Channel 264C and operate it at Bigfork would result in a preferential arrangement of allotments under allotment Priority 3. Channel 264C can be allotted to Bigfork, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Rule Section 73.315(a) of the Commission's Rules, at Alpine's requested transmitter site restricted to 26.8 kilometers (16.7 miles) east of Bigfork. Concurrence by the Canadian Government in the allotment at Bigfork, Montana has been received because Bigfork is located within 320 kilometers (199 miles) of the U.S.-Canadian border. The reference coordinates for Channel 264C at Bigfork are N 48-02-45 and W 14-00-33. Accordingly,
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  • KADX to expand its service area and will remove the IF spacing requirement between Stations KADX AND KNIK. Petitioner is expected to reimburse Ubik for the reasonable costs associated with its change of channel. Channel 234C1 can be allotted at Houston, Alaska, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 17.2 kilometers (10.7 miles) south of the community, if Channel 286C1 is substituted for Channel 287C1 at Anchorage, Alaska. Channel 286C1 can be allotted at Anchorage, Alaska consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules, at Station
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  • as this proposal is adopted. 2. Petitioner states that Alamo, Georgia is an incorporated community and had a 1990 U.S. Census population of 855 persons. Petitioner observes that Alamo has its own elected officials and a newspaper. 3. A staff analysis has determined that Channel 287C3 can be allotted to Alamo, Georgia, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 32-19-29 NL and 82-43-23 WL . This is a restricted site 20.4 kilometers (12.7 miles) north of Alamo's center city coordinates, in order to avoid short-spacings with the license of Station WMCG(FM), Channel 285A, at Milan, Georgia and a construction permit for that station on Channel 285C2. 4. Since allotting Channel 287C3 to Alamo,
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  • petitioner originally filed this request as a counterproposal in MM Docket 99-56. At the conclusion of that proceeding we stated that we would institute a separate proceeding to consider the allotment of channels at these two communities. Our engineering analysis shows that consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules, Channel 259A can not be allotted at Big Piney, and Channel 261A can not be allotted at LaBarge. However, alternate channels can be allotted at both communities. Channel 224A can be allotted at Big Piney and Channel 231A can be allotted at La Barge, Wyoming. We believe that the proposed allotments at Big Piney and LaBarge
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  • reserving this channel for noncommercial educational use due to the fact that television Station WRBG precludes use of a channel in noncommercial educational band. Rhinebeck is listed in the U.S. Census with a population of 7,558 persons. We are allotting Channel 273A* at a reference site closer to Rhinebeck which will obviate any issue with respect to compliance with Section 73.315(a) of the Rules or line-of-site from the transmitter site to Rhinebeck. 5. Aritaur Communications and Eric Straus, applicants for the Channel 273A allotment at Rosendale, filed Comments in support of the proposed Channel 255A allotment at West Hurley. In its Comments, Aritaur Communications notes that both the Channel 277A* allotment at North Canaan and the Channel 255A allotment at Rosendale
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  • Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Buchanan Radioworks (``BR'') counterproposed the allotment of Channel 240A at Buchanan Dam, Texas, as that community's first local service. However, the counterproposal was not accepted for consideration in this proceeding as Channel 240A, from BR's specified transmitter site, did not provide city-grade coverage to the entire community pursuant to Section 73.315 of the Commission's Rules. Evant Radio Company (``Evant Radio'') filed a timely counterproposal requesting the allotment of Channel 241A at Evant, Texas, as a first local transmission service. On October 10, 2000, Evant Radio advised the Commission of its withdrawal from the proceeding , providing an affidavit stating that neither Evant Radio nor its principals has received or will receive
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  • 2. Savoy, Texas is an incorporated community with a 1990 U.S. Census population of 877 persons. Petitioners observe that Savoy has its own elected officials, volunteer fire department post office, zip code, numerous businesses, and several churches. 3. A staff analysis has determined that Channel 297A can be allotted to Savoy, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 33-42-58 NL and 96-24-09 WL. The transmitter site is 13.4 kilometers (8.3 miles) north of Savoy's center city coordinates in order to meet spacing separation requirements with regard to Station KOMS(FM), Channel 297C at Poteau, Oklahoma, and Station KOAI(FM), on Channel 298C1 at Forth Worth, Texas. 4. Since allotting Channel 297A to Savoy, Texas,
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  • no FM channels in the reserved noncommercial educational band (201A to 220A) available at Rhinebeck. In order to accommodate Channel 273A* at Rhinebeck, we are substituting Channel Channel 255A for vacant Channel 273A at Rosendale, New York. We are allotting Channel 273A* at a reference site closer to Rhinebeck which will obviate any issue with respect to compliance with Section 73.315(a) of the Rules or line-of-site from the transmitter site to Rhinebeck. 5. Aritaur Communications and Eric Straus, applicants for the Channel 273A allotment at Rosendale, filed Comments in support of the proposed Channel 255A allotment at West Hurley. In its Comments, Aritaur Communications notes that both the Channel 277A* allotment at North Canaan and the Channel 255A allotment at Rosendale
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  • allotments of Channel 268A at Iola and of Channel 241A at Emporia in MM Docket 98-13, and will grant a new allotment of Channel 229C3 at Pleasanton in MM Docket 98-9. Channel 257C3 can be allotted to Topeka at Shawnee's requested site, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules. Channel 268A can be allotted to Iola at KIKS(FM) and Channel 241A can be allotted to Emporia at KRWV(FM), both at their current transmitter sites. Channel 229C3 can be allotted to Pleasanton at a site restricted to 22.1 kilometers (13.7 miles) west of the community at 38-13-49 North Latitude and 94-57-14 West Longitude. The allotment of
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  • to 18,837 persons over 2,516 square kilometers. Petitioner states that, if the channel is allotted to Mendocino, petitioner will file an application for a construction permit for the new channel, and if granted, will implement the change. 2. A staff analysis has determined that Channel 266A can be allotted to Mendocino, California, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at Station KMBF's existing transmitter site. The coordinates for that site are: 39-20-33 NL and 123-46-51 WL. The Commission considers channels of the same class to be equivalent. Therefore, the channel change involved here does not represent an upgrade in facilities and no expressions of interest from parties other than George Anderson will be accepted. 3.
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  • service gains that would result from Clear Channel's transmitter site move would occur within areas that are already considered to be well-served. Galaxy also asserted that Clear Channel's application was defective for several technical engineering reasons, including the WXBB's alleged failure to provide line of sight coverage to all of DeRuyter from its new transmitter site, in accordance with Section 73.315 of the Commission's Rules. Galaxy made the following recommendations: (1) that its proposal be preferred over Clear Channel's application; (2) in the alternative, Clear Channel should be required to amend its minor modification application to select a transmitter site that is fully spaced to Galaxy's specified reference coordinates; or (3) if the Commission determines that the public interest would be
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  • Commission's Rules, we will not accept competing expressions of interest in the use of Channel 285C1 at Norwood, or require the petitioner to demonstrate the availability of an additional equivalent channel for use by such parties. 5. A staff engineering analysis has determined that Channel 285C1 can be allotted to Norwood consistent with the technical requirements of Sections 73.207(b) and 73.315 of the Commission's Rules at the petitioner's specified allotment reference site located 32.1 kilometers (19.9 mi.) southeast of the community at coordinates 38-00-05 NL and 107-57-53 WL, and 0.4 kilometers (0.2 mi.) from the currently authorized transmitter site of Station KRYD. Moreover, as the reallotment proposal contemplates only a very minor change in Station KRYD's transmitter site, the predicted 60
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  • Savoy, utilizing Channel 297A, if that channel is allotted to Savoy, Texas. 2. We believe that the public interest would be served by the allotment of Channel 297A at Savoy, Texas, since it will provide a first local aural transmission service to that community. Channel 297A can be allotted to Savoy, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 33-42-58 NL and 96-24-09 WL. The transmitter site has a restriction of 13.4 kilometers (8.3 miles) north of Savoy's center city coordinates in order to meet spacing separation requirements with regard to Station KOMS(FM), Channel 297C at Poteau, Oklahoma, and Station KOAI(FM), on Channel 298C1 at Forth Worth, Texas. 3. Accordingly, pursuant to the
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  • the petitioner reiterating its intention to apply for the channel, and by Cox Radio, Inc. ("Cox"). Reply comments were filed by the petitioner withdrawing its intention to apply for the channel. No other party filed comments expressing an intention to apply for the proposed channel. 2. Cox states that Channel 236A cannot be allotted to Blairsville in compliance with Section 73.315(b) of the Commission's Rules because the Gumlog and Ivylog Mountains are located between the proposed Channel 236A reference site and the community. Because of these major obstructions, Cox submits that a tower with a radiation center of 2,400 feet above ground level would be required to provide Blairsville with the required 70 dBu line-of-sight service but that the Federal Aviation
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  • Oliver Springs is preferred over Clinton under priority (4). 3. We believe that the public interest would be served by the allotment of Channel 291A at Oliver Springs, Tennessee, since it will provide a first competitive local aural transmission service to that community. Channel 291A can be allotted to Oliver Springs, Tennessee, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 36-05-12 NL and 84-21-25 WL. 4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective December 24, 2001, the FM Table of Allotments, Section 73.202(b)
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  • Channel 227A at Wadley, if that channel is allotted to that city. 2. We believe that the public interest would be served by the allotment of Channel 227A at Wadley, Georgia, since it will provide a first local aural transmission service to that community. Channel 227A can be allotted to Wadley, Georgia, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 32-52-00 NL and 82-24-15 WL. 3. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective January 7, 2002, the FM Table of Allotments, Section 73.202(b)
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  • this Counterproposal cannot be granted, Southern Broadcasting withdraws its interest in reallotting Channel 291C1 to Sugar Hill and modifying its Station WNGC license to specify operation on Channel 291C1 at Sugar Hill. 3. We cannot favorably entertain the Counterproposal proposing the reallotment to Lawrenceville. This proposal does not provide the requisite 70 dBu signal to Lawrenceville as required by Section 73.315(a) of the Rules. In this regard, the proposed site is 55.8 kilometers south of Lawrenceville. Using the standard propagation methodology based on the F(50,00) curves and assuming uniform terrain and maximum facilities, the 70 dBu contour would only extend 51.5 kilometers. To address this noncompliance with Section 73.315(a) of the Rules, Southern Broadcasting has submitted an engineering exhibit purporting to
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  • no other comments or counterproposals. We believe that the community of Aspen, Colorado, is deserving of an additional allotment. A staff engineering analysis of the community shows that Channel 228A can be allotted at Aspen. Channel 228A can be allotted at Aspen consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without a site restriction. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61. 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective April 2, 2001, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules,
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  • the requested reallotments will result in a net gain in 1.4 million persons in population served, will not create any white or gray areas, and the loss areas will continue to be well served. Channel 224A can be allotted to Fountain Valley, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 9.9 kilometers (6.1 miles) south of the community. Channel 224A can be allotted to Adelanto, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 8.9 kilometers (5.5 miles) west of the community. The reference
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  • at Willow Creek, California, cannot be site restricted to clear both the vacant allotment for Channel 254C1 at Keno, Oregon and Station KAJK-FM, Channel 256C1 at Ferndale, California, and still allow the Willow Creek, Channel 254A allotment to provide 70 dBu coverage to Willow Creek. Nevertheless, Channel 295A can be allotted to Willow Creek, California, consistent with Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at the center city coordinates for Willow Creek, namely, 40-56-24 NL and 123-37-48 WL. 4. Since allotting Channel 295A to Willow Creek, California, would provide a first local broadcast service to Willow Creek, the Commission believes that it would serve the public interest to solicit comments on the possible allotment of Channel 295A to Willow Creek.
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  • and Procedures, 90 FCC 2d 88 (1982); recon. den. 56 RR 2d 448 (1984). See Melbourne, Florida, 5 FCC Rcd 1031 (1990). The suitability of a site area is determined by whether a site can be located within an area complying with the minimum distance separation requirements of Section 73.207 and the city grade coverage and other requirements of Section 73.315. See Creswell, Oregon, 4 FCC Rcd 7040 (1989). The suitability of a site area also relates to the feasiblity of using a particular area to accommodate an actual transmitter site, the theoretical or reference site also lying within that area. As the site requested at Rangely is in a mountainous area, there is no showing that it is a designated
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  • day thereby rendering the submission untimely. The failure to assure a timely delivery does not represent the degree of diligence expected in rulemaking proceedings. Nevertheless, we will consider the Opposition to Petition for Reconsideration. This consideration has not delayed our resolution of this proceeding and will enable us to resolve this proceeding on the basis of a complete record. Section 73.315(a) of the Rules requires a commercial FM station to provide a 70 dBu signal to all of its community of license. Until January 19, 2001, there was no similar coverage requirement for a noncommercial educational FM station. Section 73.515 of the Rules now requires a noncommercial educational FM station to provide a 60 dBu signal to at least 50% of
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  • C3 upgrade at Stowe in the context of this proceeding. In order to comply with the minimum separation requirements set forth in Section 73.207 of the Rules, this allotment would require a site restriction of 25.3 kilometers (15.7 miles) northeast of Stowe. Such a site restriction precludes compliance with the 70 dBu principal city coverage requirement set forth in Section 73.315(a) of the Rules. Based upon the presumption of uniform terrain and maximum permissible facilities (25 kilowatts at 100 meters HAAT), the 70 dBu contour of a Class C3 facility extends 23.2 kilometers and would not encompass Stowe. We do permit an exception to the presumption of uniform terrain. Woodstock and Broadway, Virginia, 3 FCC Rcd 6398 (1988). Under the Woodstock
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  • to discontinue using a directional FM antenna and to increase its power to maximum Class A (equivalent) FM facilities. Deas asserts that this channel change would allow Station KSXY to provide service to an additional 53,277 persons. 2. A staff analysis has determined that Channel 300A can be allotted to Boonville, California, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules, with a site restriction of 11.2 kilometers (7 miles) west of Boonville. 3. Since allotting Channel 300A to Boonville, California, and removing the vacant Channel 241A allotment from that city would enable Deas to provide improved aural transmission service to Healdsburg, California, and areas surrounding that city, the Commission believes that it would serve the public
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  • finding FERN's counterproposal to be technically incorrect and substantially incomplete. FERN's counterproposal, as filed on the date that comments and counterproposals were due, was unacceptable for consideration because it did not propose a transmitter site for Station KFLG-FM's proposed new community of license, namely, Searchlight, Nevada, from which a 70 dBu contour would encompass Searchlight, Nevada, as required by Section 73.315 of the Commission's Rules. Our engineering staff has determined that there is a major obstruction between that site and Searchlight that prevents the extension of the proposed 70 dBu contour over all of Searchlight, Nevada. Therefore, given this fundamental defect, even if all aspects of FERN's original counterproposal, except for the proposed transmitter site for Station KFLG-FM, were technically correct
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  • Rcd 3222 (1990), and Faye and Richard Tuck (``Tuck''), 3 FCC Rcd 5374 (1988). It appears that there may be a site obstruction in the radial path between the Covington site and the city of Covington. The Joint Parties are requested to demonstrate how 70 dBu coverage will be provided over the entire city of Covington, as required by Section 73.315 of the Commission's Rules. Federal Communications Commission DA 02-1339 Federal Communications Commission DA 02-1339 �<� � � | | �䏜 �䏜
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  • provisions of Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest in the use of Channel 284B at Planada, California, nor require the petitioner to demonstrate the availability of an additional equivalent channel for use by such parties. 6. Channel 284B can be allotted to Planada consistent with the technical requirements of Sections 73.202(b)(1) and 73.315(a) of the Commission's Rules, at the petitioner's currently authorized transmitter site at coordinates 37-11-29 NL and 120-32-03 WL. This site is located 22.2 kilometers (13.8 miles) southwest of Planada, the coordinates of which are 37-17-27 NL and 120-19-03 WL. 7. In light of the above, we seek comments on the proposed amendment to the FM Table of Allotments, Section 73.202(b)
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  • This allotment requires a site restriction of 14.7 kilometers (9.1 miles) south of Clayton, Oklahoma. It appears that there is a significant terrain profile obstruction in the radial path between the transmitter site and the city of Clayton. Petitioner is requested to demonstrate how 70 dBu coverage will be provided over the entire city of Clayton, as required by Section 73.315 of the Commission's Rules. FCC Contact: R. Barthen Gorman (202) 418-2180 C. MB Docket No. 02-241; RM-10531 Petitioner: Linda Crawford 3500 Maple Ave., #1320 Dallas, Texas 75219 Proposal: Allot Channel 252A to Guthrie, Texas, as that community's first local aural transmission service. Community Present Proposed Guthrie, Texas ---------- 252A Coordinates: 33-41-26 NL and 100-23-15 WL. Additional Information: This allotment requires
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  • and that the only payment to Auburn Network is the $25,000 that is the subject of the oral agreement described above. The Camp Hill, Alabama, counterproposal was technically defective and was not placed on Public Notice, Specifically, at the reference coordinates proposed (32-51-59 NL and 85-47-29), the proposal would not provide city-grade coverage to the community, and therefore, violates Section 73.315(a) of the Commission's Rules. See Report No. 2506, October 23, 2001. The actual spacing between Channel 263C1 at Helena and Channel 263C at Anniston is 139 kilometers whereas the required spacing is 270 kilometers. The actual spacing between Channel 262A at Dadeville and Channel 263C at Anniston is 82.8 kilometers while the Commission's Rules require a spacing of 165 kilometers.
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  • 300A for vacant Channel 241A at Boonville, California, because it will enable Station KRSH(FM), Channel 240A, Healdsburg, California, to be in full compliance with Section 73.207 of the Commission's Rules and to increase its effective radiated power to maximum Class A FM (equivalent) facilities. Channel 300A can be allotted to Boonville, California, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 39-01-33 NL and 123-29-33 WL, with a site restriction of 11.2 kilometers (7 miles) west of Boonville. 3. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED,
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  • be dismissed. The underlying reason for this filing is that it wishes that Station WINX-FM (formerly WFBR) remain licensed to Cambridge in order to permit favorable action on its pending application to upgrade Station WINX-FM to a Class B1 facility. At the proposed site, Channel 232B1 would not provide a 70 dBu signal to St. Michaels as required by Section 73.315(a) of the Commission's Rules. 5. In its Petition to Dismiss, CWA Broadcasting contends that its earlier Petition for Clarification constituted a petition for reconsideration under Section 1.106 of the Commission's Rules. In support of this argument, CWA Broadcasting notes that it never filed the requisite application to implement the reallotment of Channel 232A to St. Michaels. As such, CWA Broadcasting
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  • the Bar Lake Swamp and was unusable for a transmitter site. As such, a reallotment of Channel 260C1 to Bellaire would be removing the sole local service at Bear Lake. In view of this determination, the Report and Order did not address the Northern Michigan allegation that a Channel 260C1 allotment at Bellaire would not be in compliance with Section 73.315 of the Rules due to a terrain obstruction between the proposed transmitter site and Bellaire. 3. In its Petition for Reconsideration, Northern Michigan reiterates its contention that a terrain obstruction between the proposed transmitter site and Bellaire precludes line-of-site service to Bellaire. In support of this contention, Northern Michigan has included a study from an air space consultant to the
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  • is true to the best of its knowledge and belief. Sutton proposed the allotment of Channel 234A at Midway-Hardwick, Georgia, as a first local service. Sutton's counterproposal was not accepted in this proceeding as it specified a transmitter site too far away from the community to assume city-grade coverage of Midway-Hardwick by a Class A FM facility pursuant to Section 73.315 of the Commission's Rules. A staff engineering analysis shows that at the specified site, 33-09-21 and 83-08-20, the 70 dBu principal city grade contour will only cover 79.3% of the community. Therefore, the proposal is technically defective and will be dismissed. The coordinates for Channel 234A at Crawfordville are 33-31-18 and 82-56-52. Federal Communications Commission DA 02-3420 Federal Communications Commission
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  • case-by-case basis. See Modification of FM Broadcast Licenses to Higher Class Co-Channel or Adjacent Channels, 60 RR 2d 114 (1986). 3. In its opposing comments, Morgan County Industries, Inc., provides an engineering statement demonstrating that the proposed site (37-40-19 NL and 83-24-21 WL) for Channel 247C2 at Jackson, Kentucky, does not provide the minimum 70 dBu signal required by Section 73.315 of the Commission's Rule due to severe shadowing. Moreover, MCII states that its Station WCBJ(FM) in Campton, Kentucky, and to a lesser extent Stations WLKS AM/FM in West Liberty, Kentucky, all compete with Station WJSN-FM's Class A operation for both audience and advertising. Consequently, due to the proximity of the stations, if Station WJSN-FM would be allowed to upgrade to
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  • states that, if Channel 250A is allotted to Crisfield, Petitioner will promptly implement the change in channel and make the required technical modifications to change the operating frequency of Station WBEY from Channel 245A to Channel 250A. 2. A staff analysis has determined that Channel 250A can be allotted to Crisfield, Maryland, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at the site specified by Petitioner in its Petition for Reconsideration, with a site restriction of 15.3 kilometers (9.5 miles) southeast of Crisfield, Maryland. The coordinates for that site are: 37-55-13 NL and 75-41-59 WL. The Commission considers channels of the same class to be equivalent. Therefore, the channel change involved here does not represent an
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  • located 0.1 kilometer north of the community at coordinates 33-46-54 NL and 113-36-42 WL). While we recognize that no two channels are exactly the same, the Commission considers channels to be equivalent provided they are of the same class distinction, would comply with the minimum spacing criteria, and would enable a broadcast facility to comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the proposed allotment community. See Vero Beach, Florida, 3 FCC Rcd 1049 (1988), rev. denied, 4 FCC Rcd 2184, 2185 (1989). 4. As to Fitzgerald's argument concerning the need to cover Interstate 10 to ensure the economic feasibility of a station to operate at Salome, the Commission has previously determined
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  • be better served by granting both a restricted allotment of Channel 234C3 at Valliant, Oklahoma, and the application filed by ROL to improve the facilities of Station KSOC-FM, Gainesville, Texas, rather than merely granting the originally proposed allotment of Channel 234C3 to Valliant. Channel 234C3 can be allotted to Valliant, Oklahoma, Georgia, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates of 34-01-10 NL and 95-01-10 WL, with a site restriction of 7.3 kilometers (4.5 miles) east of Valliant, Oklahoma, as proposed by ROL. The allotment of Channel 234C3 at the referenced transmitter site removes the conflict with the application filed by ROL to modify the facilities of Station KSOC-FM. Since the referenced application complies
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  • Swamp and was unusable for a transmitter site, and thus, could not be used as a backfill allotment to justify the removal of Bear Lake's sole local service to Bellaire. In view of this determination, the Report and Order did not address the Northern Michigan allegation that a Channel 260C1 allotment at Bellaire would not be in compliance with Section 73.315 of the Rules due to a terrain obstruction between the proposed transmitter site and Bellaire. Both Northern Michigan and Fort Bend filed a Petition for Reconsideration directed to the Report and Order. 4. As stated above, the Report and Order determined that the proposed reference site for a Channel 291A allotment at Bear Lake was located in the Bar Lake
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  • station's authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. In support of its proposal, Petitioners state that each allotment is mutually exclusive with the existing allotments and would provide the requisite 70 dBu coverage to the principal communities associated with the new allotments in compliance with Section 73.315(a) of the Commission's Rules. Petitioners further state that the adoption of its proposal will result in a preferential arrangement of allotments consistent with the FM Allotment Priorities, by providing Malta, New York, (population of 13,000), with its first local aural transmission service. The reallotment of Channel 289A from Queensbury to Malta would not deprive Queensbury (population of 25,441) of its
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  • we are allotting Channel 254A to Palm Coast, Florida. 3. We believe that the public interest would be served best by the allotment of Channel 254A at Palm Coast, Florida, since it will provide a first local aural transmission service to that community. Channel 254A can be allotted to Palm Coast, Florida, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules, with a site restriction of 11 kilometers (6.8 miles) southeast of Palm Coast. 4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective June 23, 2003, the
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  • that the proposed Channel 288C3 allotment at Genoa is defective. Specifically, Optima argues that from the proposed site, a Channel 288C3 allotment cannot provide the required 70 dBu signal to Genoa because of terrain obstruction. 4. We reject the contention that the proposed Channel 288C3 allotment does not provide an unobstructed 70 dBu signal to Genoa as required by Section 73.315(a) of the Commission's Rules. We have undertaken our own engineering study based upon a terrain profile analysis between the proposed transmitter site (39-23-06 NL and 103-17-38 WL) and the center of Genoa (39-16-36 NL and 103-30-06 WL). This study presumes the maximum facilities for the Class C3 allotment with an effective radiated power of 25 kilowatts and an antenna height
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  • Entravision did not file its proposal until October 22, 2001. 4. We conclude that the public interest would be served by the allotment of Channel 285A at Broken Bow, Oklahoma, since it will provide a second local aural transmission service to that community. Channel 285A can be allotted to Broken Bow, Oklahoma, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates of 34-04-41 NL and 94-45-53 WL, with a site restriction of 5.9 kilometers (3.7 miles) northwest of Broken Bow, Oklahoma. 5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules,
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  • Media, LLC (``STG'') also filed comments in the proceeding. STG argues that the reallotment of WUSX(FM) from Tullahoma to Madison would provide only a second local service to Madison, triggering the fourth and lowest allotment priority, other public interest matters. STG points out that WUSX already provides service to Madison. Moreover, STG contends that the proposed reallotment would violate Section 73.315(b) of the Commission's rules because WUSX would not be able to provide line-of-sight coverage over Madison. In support of that assertion, STG submitted a technical study demonstrating that Wade Mountain and Drake Mountain would cause significant obstructions from the WUSX(FM) transmitter site to Madison. 5. In its reply comments, petitioner criticizes STG's technical study, noting that STG, in attempting to
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  • proposal at Okawville. However the reclassification of Station KEZK to specify operation on Channel 273C0 at St. Louis, Missouri will eliminate any short spacing to requested Channel 271B1 at Okawville, Illinois, by using Petitioner's requested site19.0 kilometers (11.8 miles) southeast of the community., Operation on Channel 271B1 from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. Accordingly, we seek comment on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the communities listed below, as follows: Channel No. City Present Proposed Mount Vernon, Illinois 231B1, 271B1 231B1 Okawville, Illinois --- 271B1 St. Louis, Missouri
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  • marshland in the Saxis Marsh Waterfowl Management Area and Refuge, as suggested by Sinclair. If the transmitter site were changed so that it would be on dry land, it would then be short-spaced to other authorized radio broadcast facilities. Further, the proposed site would not place a 70 dBu contour over 100 percent of Crisfield, Maryland, as required by Section 73.315 of the Commission's Rules. At the time the Notice of Proposed Rule Making in this proceeding was adopted, it appeared that Petitioner's proposed 70 dBu contour would completely encompass Crisfield, but the more accurate, current map of Crisfield from the U.S. Census Bureau makes it clear that Petitioner's 70 dBu signal would not encompass all of Crisfield, Maryland. In light
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  • short-spaced allotment, we dismiss ROL's Counterproposal as unacceptable for consideration. 4. We conclude that the public interest would be served by the allotment of Channel 226A at Wright City, Oklahoma, since it will provide a first local aural transmission service to that community. Channel 226A can be allotted to Wright City, Oklahoma, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates of 34-05-58 NL and 94-58-34 WL, with a site restriction of 5.0 kilometers northeast of Wright City, Oklahoma. 5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules, IT IS
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  • pursuant to Section 307(b) of the Communications Act of 1934, as amended. 3. We conclude that the public interest would be served by the allotment of Channel 278C2 at Mertzon, Texas, since it will provide a second local aural transmission service to that community. Channel 278C2 can be allotted to Mertzon, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates of 31-10-09 NL and 100-51-41 WL, with a site restriction of 10.8 kilometers (6.7 miles) southwest of Mertzon, Texas. The Mexican Government has concurred in this allotment. We have also determined that the public interest would be served by the allotment of Channel 278C to Marathon, Texas, because it will provide a first local
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  • specify operation on Channel 294C0 at Norfolk, Nebraska, will eliminate any short spacing to requested Channel 293A at Woodbine, Iowa, by utilizing Petitioner's proposed site located 4.3 kilometers (2.7 miles) west of the community at coordinates 41-44-03 NL and 95-45-14 WL. Operation on Channel 293A from the restricted site specified at Woodbine will also comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. 4. Accordingly, we seek comment on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the community listed below, as follows: Channel No. City Present Proposed Woodbine, Iowa -- 293A Norfolk, Nebraska 294C 294C0 5. The Commission's authority
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  • pursuant to Section 307(b) of the Communications Act of 1934, as amended. 3. We conclude that the public interest would be served by the allotment of Channel 292C1 at Presidio, Texas, since it will provide a first local aural transmission service to that community. Channel 292C1 can be allotted to Presidio, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates of 29-25-54 NL and 104-09-55 WL, with a site restriction of 24.6 kilometers (15.3 miles) southeast of Presidio, Texas. The Commission has not received concurrence for the Channel 292C1 allotment at Presidio from the Mexican Government. If a construction permit for Channel 292C1 at Presidio, Texas, is granted prior to the Commission's receipt of
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  • found by our engineering staff. 3. We believe that the public interest would be served by the allotment of Channel 297A at Junction, Texas, since it will provide a third local aural transmission service and a first competing local FM service to that community. Channel 297A can be allotted to Junction, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 30-27-27 NL and 99-46-07 WL, with a site restriction of 3.5 kilometers (2.2 miles) south of Junction. We have received Mexican concurrence in this allotment. 4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and
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  • existing service, and Petitioner's Alamo proposal must prevail on this basis alone. 4. We conclude that the public interest would be served by the allotment of Channel 287C3 at Alamo, Georgia, since it will provide a first local aural transmission service to that community. Channel 287C3 can be allotted to Alamo, Georgia, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 32-19-29 NL and 82-43-23 WL, with a site restriction of 20.4 kilometers (12.7 miles) north of Alamo's center city coordinates. 5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.6l, 0.204(b) and 0.283 of the Commission's Rules,
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  • 1999)(granted proposed reallotment even though 10,369 persons would now receive four aural services). The reference coordinates for the Channel 252A allotment at Ashland, Alabama, are 33-13-30 and 85-53-40. The reference coordinates for the Channel 253C0 allotment at Atlanta, Georgia, are 33-45-33 and 84-20-05. The reference coordinates for the Channel 252C3 allotment at Scottsboro, Alabama, are 34-30-40 and 86-01-54. See Section 73.315(a) of the Commission's rules. The reference coordinates for the Channel 252C3 allotment at Killen, Alabama, are 34-58-40 and 87-36-05. Federal Communications Commission DA 04-1026 Federal Communications Commission DA 04-1026 (R) � � " 5 7 : � � (R) � � � " � h9J / 5 6 l � � � � � � � � 9J � �
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  • will fulfill priority (4), other public service. This proposal is located outside any Urbanized Area it will not place a 70 dBu signal over any Urbanized Area. Channel 271B1 can be allotted at Petitioner's requested site19.0 kilometers (11.8 miles) southeast of the community. Operation on Channel 271B1 from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. We have determined that Channel 271B1 is the only Class B1 channel available for allotment at Okawville, and that the reclassification of Station KEZK to specify operation on Channel 273C0 at St. Louis, Missouri will eliminate any short spacing to requested Channel 271B1 at Okawville, Illinois. Accordingly,
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  • new allotments, Henderson has failed to show that no alternative transmitter sites are possible, and has not requested a waiver of the city grade coverage requirements. Further, our engineering analysis has determined that there are no terrain variations that would preclude using FCC's standard methodology. Therefore, the allotment of Channel 274A at the site specified is not consistent with Section 73.315 of the Commission's Rules. Since counterproposals must be ``technically correct and substantially complete'' at the time they are filed, we are dismissing the counterproposal for being technically defective. 6. IT IS ORDERED, That the petition for rule making filed by David P. Garland, IS DISMISSED, as requested. 7. IT IS FURTHER ORDERED, That the counterproposal filed by Roy E. Henderson,
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  • service for 400 persons. In addition, it argues that the entire gain area, which includes Burlington, Vermont, is well served. Finally, it claims that the reallotment should be considered a move-in to the Burlington Urbanized Area. MBI agrees with Hall. Joint Petitioners argue that Hall's counterproposal should be dismissed because the allotment site Hall proposes for Channel 282A violates Section 73.315 and thus is fatally defective. Joint Petitioners claim that a major obstruction between Hall's proposed transmitter location and Keeseville prevents city-grade coverage to the entire community. Further, they contend that Hall's site is located in Adirondack State Park, and that due to its tower's height and location, Hall will not be able to get approval from the Adirondack Park Agency
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  • address the issue of the bona fides of the Petitioner in representing to the Commission in the earlier rulemaking proceeding that it intended to build the station at Dos Palos. However, we would like to clarify two issues. First, although we have generally applied the Woodstock and Broadway exception to our presumption of uniform terrain to determine compliance with Section 73.315(a) of the Commission's Rules in cases of upgrades by existing stations and occasionally in changes of community of license, it appears that we have not addressed the issue of whether to apply Woodstock and Broadway for Urbanized Area coverage. We believe that if an existing station can avail itself of the Woodstock and Broadway exception to determine compliance with Section
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  • Arizona, not Pahrump, Nevada. In sum, Sky Media states that the counterproposal is defective and must be dismissed as untimely because of the strict standards for counterproposals. 6. Discussion. We find that Morris' counterproposal is technically defective. Specifically, a staff analysis reveals that the proposed substitution of Channel 290C for Channel 272C at Pahrump, Nevada is in violation of � 73.315(a) of the Commission's rules because the proposed 70 dbu contour would not provide city grade coverage of one hundred percent to the community of Pahrump. The distance from the transmitter site to the furthest point of the community boundaries is 77 kilometers whereas the maximum distance for a Class C facility is 67.7 kilometers. Moreover, the counterproposal requests the substitution
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  • the Commission's Reference Information Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW, Washington, D.C. 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). Cambridge and St. Michaels, Maryland, 12 FCC Rcd 3504 (1997) (``1997 Decision''). See 47 CFR � 73.315. On April 16, 1997, Petitioner filed a Petition for Clarification directed to the Commission's 1997 Decision reallotting Channel 232A to St. Michaels. That petition stated that Petitioner had filed its original 1992 Petition for Rule Making due to its inability to secure local zoning approval for the construction of a tower and that subsequently the Commission granted Petitioner a construction
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  • for a Channel 250A substitution at Crisfield. The reasons for that denial were that the proposed transmitter site was unsuitable because it was located on marshland and, even if the proposed transmitter site were on dry land, the proposed transmitter site would not enable Station WBEY to provide a 70 dBu signal to all of Crisfield as required by Section 73.315(a) of the Commission's rules. As noted above, both Tidewater Communications and Bay Broadcasting filed Petitions for Reconsideration directed to the Report and Order. In regard to the Tidewater Communications Petition for Reconsideration, Tidewater Communications and Commonwealth Sinclair filed a Joint Request for Approval of Settlement Agreement. Pursuant to the Settlement Agreement, Tidewater Communications will withdraw its Petition for Reconsideration along
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  • annual civic and community events, and several local civic and community organizations. 6. We believe that the public interest would be served by the allotment of Channel 280A at Smiley, Texas, since it will provide a first local aural transmission service to that community. Channel 280A can be allotted to Smiley, Texas, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's rules at coordinates 29-14-17 NL and 97-32-07 WL, with a site restriction of 10.3 kilometers (6.4 miles) east of Smiley. The Mexican Government has concurred with this allotment. 7. Accordingly, pursuant to the authority contained in 47 U.S.C. Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) and 47 C.F.R. Sections 0.6l, 0.204(b) and 0.283, IT IS ORDERED,
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  • an involuntary channel substitution for the licensed community. Birdsill contends that Miller was effectively ``cut-off'' from seeking change in the community of license for Station KTHU once the Notice was adopted. Birdsill also states that Miller's counterproposal is defective because the proposed reallotment would not provide a 70 dBu signal to one hundred percent of Durham as required by Section 73.315(a) of the Commission's rules. To resolve the conflict between Channel 264A at Portola and Channel 265A at Quincy, Birdsill proposes the substitution of alternate Channel 232A for Channel 262A at Quincy instead of the proposed Channel 265A for Station KHGQ. Discussion. The Miller counterproposal proposing the reallotment of Channel 262A to Durham was timely filed and conflicts with the proposed
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  • Lake Swamp and was unusable for a transmitter site. As such, we denied the proposed reallotment of Channel 260C1 to Bellaire because it would be removing the sole local service at Bear Lake. In view of this determination, we did not address the Northern Michigan allegation that a Channel 260C1 allotment at Bellaire would not be in compliance with Section 73.315 of the Rules due to a terrain obstruction between the proposed transmitter site and Bellaire. Both Northern Michigan and Fort Bend filed a Petition for Reconsideration directed to the Report and Order. In the Memorandum Opinion and Order, we granted, in part, the Petition for Reconsideration filed by Northern Michigan and denied the Petition for Reconsideration filed by Fort Bend.
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  • current practice of requiring FM stations in the reserved band to be chosen by applications judged strictly on their own engineering terms, using an interference standard). Secondly, the pleading did not include an engineering study, and our own engineering analysis shows that pursuant to the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules, Channel 297C3 cannot be allotted at Cass City. Czelada contends that the R&O failed to fully consider his pleading. We disagree. The Erratum properly evaluated Edwards' filing on the merits. Czelada also argues that we should accept his corrections for Channel 297C3 at Cass City which were submitted with his Petition for Reconsideration filed on June
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  • for consideration because the proposal was short spaced to a licensed facility, the staff has determined that Channel 276A, rather than Channel 300A, can be allotted to Dexter, Georgia, in full compliance with the Commission's technical requirements. 2. A staff analysis has determined that Channel 276A can be allotted to Dexter, Georgia, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's rules utilizing coordinates of 32-25-59 NL and 83-01-33 WL, with a site restriction of 3.3 kilometers (2.1 miles) east of Dexter. 3. Since allotting Channel 276A to Dexter, Georgia, could provide a first local aural transmission service to Dexter and areas surrounding that city, we believe that it would serve the public interest to solicit comments on
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  • some Low Power FM stations, the Commission has stated clearly that Low Power FM operations could not interfere with full-power operations when it created the Low Power FM service. 8. Cox Radio, Inc. (``Cox'') filed reply comments in which it argues that an FM facility operating on Channel 266C cannot place the 70 dBu signal over Waianae required by Section 73.315 of the Commission's rules, because Section 73.1030(c) of the Commission's Rules states that the facility must provide protection to the monitoring station at Waipahu, Hawaii. Cox states that in order to provide protection to that monitoring station, Petitioner would be obligated to utilize a directional antenna, which, in turn, would reduce the signal strength in the direction of Waianae below
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  • Joint Parties' counterproposal indicates that it is defective and we will dismiss it. It is well settled that counterproposals must be technically correct at the time of their filing. The proposal to substitute Channel 294C for Channel 293C at Spanish Fork, Utah does not provide city-grade coverage to any part of the community of Spanish Fork, in violation of Section 73.315 of the Rules. In addition, three other allotments, described herein, do not appear to be feasible because of terrain obstructions which would require maximum facilities requiring an extremely tall tower to place a city-grade signal over each respective community. Joint Parties have not acknowledged this issue or demonstrated that such towers could be constructed. Specifically, the reallotment of Channel 288C
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  • time and were no longer subject to additional competing applications. With the waiver, these ``Appendix D Applicants'' could either pursue a settlement agreement or file supplements to claim points under the new NCE comparative criteria.) See also infra note 19. See Streamlining of Radio Technical Rules, 15 FCC Rcd 21649, 21670 (2000) (``Technical Streamlining Order'') (deleting the Note to Section 73.315(a) which exempted NCE FM stations operating on reserved channels 200 through 220 from providing a 70 dBu signal over the entire community of license and, inter alia, adding new Section 73.515, requiring every NCE FM station to provide a 60 dBu signal to at least 50 percent of its community of license or 50 percent of the population within the
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  • and Order in Bayboro, North Carolina, 7 FCC Rcd 6305 (MMB 1992). 47 C.F.R. � 1.429. See Note 3, supra. See e.g. Shorter, Alabama, 19 FCC Rcd 6844 (MB 2004) (affirming on reconsideration the dismissal of petition for rule making due to short spacing to licensed site). See Caldwell, Texas, et al., 15 FCC Rcd 20641 (2000) 47 C.F.R. � 73.315. San Clemente, California, 3 FCC Rcd 6728 (MMB 1988) appeal dismissed sub. nom. Mount Wilson FM Broadcasters, Inc. v. FCC, 884 F.2d 1462 (D.C. Cir. 1989). See also San Clemente, California, 10 FCC Rcd 8291 (1995). Key West, Florida, 3 FCC Rcd 6423 (MMB 1988). (...continued from previous page) (continued....) Federal Communications Commission DA 05-2506 Federal Communications Commission DA 05-2506
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  • local service with a site restriction of 9.4 kilometers (5.8 miles) north at reference coordinates 39-35-51 NL and 121-34-11 WL. Petitioner filed comments stating her intentions to file an application to activate Channel 272A at Oroville, if allotted. 3. In response to the Notice, Deer Creek filed a timely counterproposal. Deek Creek asserts that the proposed Oroville allotment violates Section 73.315(a) of the Commission's rules because the predicted 70 dBu contour for Channel 272A does not cover the entire community of Oroville. In this regard, the southern tip of the community of Oroville extends 17.3 kilometers from the proposed transmitter site. The proposed 70 dBu contour for Channel 272A at Oroville only extends 16.2 kilometers. Moreover, Deek Creek contends that an
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  • staff analysis also shows that the reclassification of Station WKQL(FM), Jacksonville, Florida, to specify operation on Channel 245C0, will eliminate any short spacing to requested Channel 246A at Homerville, Georgia, by using Petitioner's requested site 11.1 kilometers (6.9 miles) northwest of the community., Operation on Channel 245A from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. Accordingly, we seek comment on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the communities listed below, as follows: Channel No. City Present Proposed Homerville, Georgia 254A 246A, 254A Jacksonville, Florida 236C, 241C, 245C, 256C 236C, 241C,
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  • argues that the proposed reference coordinates for Channel 290A at Milner is available and technically feasible due to the fact of the issuance of FAA's `Determination of No Hazard to Air Navigation.' Moreover, Petitioner submitted an engineering exhibit demonstrating that replacement Channel 232A at Ellaville at the proposed reference coordinates covers the entire community of Ellaville in compliance with Section 73.315 of the Commission's rules. 4. In response to the Notice, The Joint Parties filed a counterproposal requesting the reallotment of Channel 266A from Thomaston to Milner, Georgia, as its first local service and modification of the Station WTGA-FM license accordingly. Additionally, the Joint Parties proposed the allotment of Channel 295A at Plains, Georgia, as its first local service; the allotment
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  • 254C0, will eliminate any short spacing to requested Channel 253A at Lometa and the reclassification of Station KAMX(FM), Channel 234C, Luling, Texas, to specify operation on Channel 234C0 will eliminate any short spacing to requested Channel 235A at Richland Springs, Texas. Operation on Channel 253A at Lometa from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. Since Richland Springs is located within 320 kilometers of the U.S.-Mexican border, concurrence of the Mexican Government has been requested for the allotment of Channel 235A at Richland Springs. Channel 253A at Lometa can be allotted consistent with the minimum distance separation requirements of the Commission's Rules
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  • Priorities. Both proposals trigger Priority 4, other public interest matters; VB argues, however, that Pauls Valley is more deserving of the allotment because it has a significantly larger population and fewer local services than Holdenville. In her reply comments, the Petitioner argues that the allotment of Channel 266A at the site specified in VB's counterproposal is not consistent with Section 73.315 of the Commission's rules because the 70 dBu contour does not completely cover the entire community of Pauls Valley. In support of this position, the Petitioner submitted a technical showing. Because counterproposals must be technically correct and substantially complete at the time they are filed, the Petitioner argues that VB's counterproposal should be dismissed as technically defective. DISCUSSION Although VB's
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  • analysis also shows that the reclassification of Station KURB(FM), Little Rock Arkansas, to specify operation on Channel 253C0, will eliminate any short spacing to requested Channel 251C3 at Altheimer, Arkansas, by using Petitioner's requested site 20.4 kilometers (12.7 miles) southwest of the community., Operation on Channel 245A from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. Accordingly, we seek comment on the proposed amendment to the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, with respect to the communities listed below, as follows: Channel No. City Present Proposed Altheimer, Arkansas --- 251C3 Little Rock,Arkansas 231C,239C, 253C, 231C,239C, 253C0, 258A, 279C 258A,
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  • First, we disagree with the objectors that Station KMCO(FM) is an inadequate substitute for Station KESC(FM) based on its signal strength. On the contrary, Station KMCO(FM) is not changing its transmitter site, and from its present site, the Petitioners have demonstrated that it will continue to provide a 70 dBu signal over 100 percent of Wilburton as required by Section 73.315(a) of the Commission's Rules. Second, the objectors are speculating that Station KMCO(FM) will not be able to serve the needs and interests of Wilburton; such issues are more appropriately raised in connection with a station's license renewal application than at the allotment stage. Third, the Commission does not review program format changes and leaves such choices to market forces to
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  • relitigate the Mason reallotment in this application proceeding. The Mason Report and Order is final, and issues regarding the propriety of reallotting WOXY(FM) from Oxford to Mason will not be collaterally examined by the staff here. Additionally, to the extent Beer challenges the Application's compliance with the Commission's core technical rules, we reject those contentions. The Application complies with Section 73.315(a) of the Commission's Rules. Finally, to the extent Beer challenges First Broadcasting's intention to serve the residents of Mason, Ohio, the Commission does not presume that applicants proposing suburbs of large cities as their communities of license do not intend to serve the needs and interests of those communities. Recognizing that an applicant might have an incentive to seek a
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  • 254C0, will eliminate any short spacing to requested Channel 253A at Lometa and the reclassification of Station KAMX(FM), Channel 234C, Luling, Texas, to specify operation on Channel 234C0 will eliminate any short spacing to requested Channel 235A at Richland Springs, Texas. Operation on Channel 253A at Lometa from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. As noted above, the allotment of Channel 253A requires the related channel substitution of Channel 235A for vacant Channel 252A at Richland Springs, Texas. Since Richland Springs is located within 320 kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican Government is required for the
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  • staff analysis also shows that the reclassification of Station WKQL(FM), Jacksonville, Florida, to specify operation on Channel 245C0, will eliminate any short spacing to requested Channel 246A at Homerville, Georgia, by using Petitioner's requested site 11.1 kilometers (6.9 miles) northwest of the community., Operation on Channel 246A from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office Pursuant to the Congressional Review Act, see 5 U.S.C. �801(a)(1)(A). Accordingly, pursuant to the authority contained in 47 U.S.C. �� 4(i), 5(c)(1), 303(g),
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  • a Low Power Radio Service, Report & Order, 15 FCC Rcd 2205, 2219 (2000) (``Report and Order''). In recognition of the small areas served by LPFM stations, the Commission also exempted LPFM stations from the requirement that a minimum field strength of 70 dB� (3.16 mV/m) be provided over the entire principal community to be served. See 47 C.F.R. �� 73.315, 73.801. Columbus has a geographic land area of 225.9 square miles. See http://www.columbusinfobase.org/areas/cityof.asp Report and Order, 15 FCC Rcd at 2219. Neither will we entertain waiver requests based on a showing that the headquarters location or principals' residences are within the proposed station's predicted coverage area utilizing either the standard prediction methodology of 47 C.F.R. � 73.313 or alternative prediction
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  • Dakota, and the substitution of Channel 298A for vacant Channel 289A at Wheatland, Wyoming, to resolve the conflict with the Kona Coast counterproposal. Moreover, the Joint Parties requests the allotment of Channel 247A in lieu of Channel 298A at Wheatland to eliminate the mutually exclusivity with the Notice's proposal. Discussion. The Kona 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
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  • and Approval of Settlement Agreement. The R&O approved the withdrawal of Garland's rulemaking petition in compliance with Section 1.420(j) of the Commission's Rules. However, the R&O dismissed Henderson's counterproposal as technically defective because the allotment of Channel 274A at Caldwell would not provide the requisite coverage of the community of Caldwell with a 70 dBu signal as required by Section 73.315 of the Commission's rules. Henderson filed a Petition for Reconsideration of the R&O, contending that the staff erred in dismissing his counterproposal for lack of city-grade coverage. Thereafter, Henderson withdrew his Petition for Reconsideration, stating that he simultaneously filed a counterproposal in MB Docket No. 06-66, proposing to upgrade and reallot Station KLTR(FM) from Caldwell to Bedias. Henderson contends that
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  • directed to Dickenson County to show cause why its license should not be modified to accommodate the proposed Station WPKE-FM upgrade. 3. In response to the Order to Show Cause, Dickenson County stated that there is a major terrain obstruction between Coal Run and the proposed reference site that would preclude 70dBu service to Coal Run in contravention of Section 73.315 (b) of the rules. In its supporting engineering exhibit, using a 3 second terrain data base, Dickenson County identified a major obstruction located 10.57 kilometers (6.57 miles) from the proposed reference site. Even with the proposed tower of 209 meters (686 feet), this mountain peak would preclude the required line-of-sight clearance from its originally proposed site using a 1,000-foot tower.
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  • for Channel 276A at Manchester already proposed by Vernon R. Baldwin, Inc. 3. We returned the Joint Petition for Rule Making. The basis for that action was the fact that there was a major terrain obstruction between the proposed site for the Channel 276A substitution and Mount Vernon, which precluded 70 dBu coverage of Mount Vernon in contravention of Section 73.315(a) of the rules. The Joint Petitioners filed a Petition for Reconsideration directed to that action. 4. In their Petition for Reconsideration, the Joint Petitioners do not dispute our earlier determination that the proposed Channel 276A substitution at Mount Vernon was technically defective. Instead, the Joint Petitioners set forth a new transmitter site that would avoid any major terrain obstruction and
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  • to Corona de Tucson to replace the loss of the sole local service resulting from the reallotment of Channel 267C3 to Tanque Verde, CCR-Sierra states that there is no line-of-sight from the antenna to the community of Corona de Tucson and, as such, this proposal would not provide Corona de Tucson with a 70 dBu signal as required by Section 73.315(a) of the rules. With respect to the reallotment of Channel 279A to Vail, CCR-Sierra notes that this reallotment proposal was not accompanied by a Tuck showing and that Mexico has objected to this allotment. Finally, CCR-Sierra asserts that Animas, New Mexico, is not a community for allotment purposes and that the proposal for Channel 228C1 at Virden, New Mexico, does
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  • of Commerce, 1967. See 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649, 21652 (2000) (``Streamlining Order''). See Petition at 3, Engineering Statement at 1-2, Exhibit 7. Petition at 2 (citing Letter to Mark Lipp (Aug. 8, 2002)). See 47 C.F.R. � 73.315(a). (A station's 70 dBu ``principal community'' contour must encompass its city of license. The referenced letter did not grant the requested waiver.). Greater Media Radio Co., Inc. Memorandum Opinion and Order, 15 FCC Rcd 7090 (1999) (``Greater Media''). R&S Media, Memorandum Opinion and Order and Order to Show Cause, 19 FCC Rcd 6300 (MB 2004) (``R&S Media''). 47 C.F.R. �
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  • S.W., Washington, D.C. See File No. BMPH-20070727ABV. . See File No. BNPH-20070727AHY and File No. BNPH-20070727AUO, respectively. (holding that removal of unbuilt facilities does not present the same loss of service concerns as removal of a licensed station). The Petitioner filed a Petition for Reconsideration pertaining to a staff letter decision, which returned the aforementioned petition for noncompliance with Section 73.315(a) of the Rules with respect to the proposed allotment of Channel 259A at Beatty. See Letter to John S. Neely Esq. (MB Oct. 5, 2007). Generally, in FM allotment proceedings, a new ``drop-in'' allotment proposal must provide a 70 dBu coverage signal contour to the entire proposed community in accordance with Section 73.315(a) of the Rules. However, the Commission has
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  • ``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 of allotments
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  • Cochise Desert proposals are short-spaced to Mexican allotments and stations. II. DISCUSSION 6. At the outset, we reject the CCR-Sierra argument that the Cochise Desert proposal for Channel 267C3 at Tanque Verde and the Channel 253A proposal at Corona de Tucson would each fail to provide a 70 dBu signal to the respective communities of license as required by Section 73.315(a) of the rules. CCR-Sierra has submitted an engineering exhibit using the ``standard Longley Rice free space formula'' asserting that, due to major terrain obstructions between the respective transmitter sites and communities of license, the requisite 70 dBu signal would not be provided to both Tanque Verde and Corona de Tucson. As stated in the Report and Order, determinations of coverage
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  • Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1988). See Kaycee and Basin, Wyoming, Report and Order, 15 FCC Rcd 15767 (MB 2000). We note that the site proposed by Petitioner in its simultaneously filed application, File No., BNPH-20080208ADU, at coordinates 44-30-42 NL and 107-36-03 WL, would not meet the Commission's spacing requirements specified in 47 C.F.R. �73.315. 47 C.F.R. � 73.202(b). 47 C.F.R. �� 1.415 and 1.419. See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections �� 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549 (Feb. 9, 1981). 44 U.S.C. � 3506(c)(4). (...continued from previous page) (continued....) Federal Communications Commission DA 08-737
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  • restricted FM station class designation. Thus, a search for a Class A allotment would have the highest chance of success. A Class A station may operate with a maximum of 6,000 watts effective radiated power and a maximum antenna height of 100 meters above average terrain. See 47 C.F.R. � 73.211 See 47 C.F.R � 73.207. See 47 C.F.R. � 73.315. PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 z { � � � � � ^ _ ` y z { � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • the Saratoga allotment); Northport, Alabama, and Macon, Georgia, Report and Order, 8 FCC Rcd 2161 (MMB 1993) (deleting a vacant allotment at Macon to accommodate an upgrade in the class of a Northport station because no interest was expressed in retaining the Macon allotment). In these cases, the vacant allotments were deleted without Section 307(b) comparisons. See 47 C.F.R. � 73.315(a). See, e.g., Sonora, California, Report and Order, 6 FCC Rcd 6042 (MMB 1991) (denying rulemaking petition to upgrade class of an FM station because of lack of city grade coverage over the entire principal community). (...continued from previous page) (continued....) Federal Communications Commission DA 09-1032 Federal Communications Commission DA 09-1032 � � F � ] b
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  • profiles at relevant radials. In its February 1, 2007, supplemental pleading, Buckley submitted an engineering exhibit purporting to demonstrate that, using the Longley-Rice alternative model of contour prediction, the proposed facility failed to provide a 70 dBu strength signal to 80 percent or more of the population or area within the corporate boundaries of Carmel Valley, as required by Section 73.315 of the Rules. Buckley also claimed that the path from the proposed antenna site to the city of license was blocked by mountainous terrain. The staff forwarded the materials to the Commission's Office of Engineering and Technology (``OET'') to perform an independent study. OET concluded that there was no major terrain obstruction and that the Application, as amended, demonstrated compliance
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  • FCC Rcd 23212 (MB 2004). See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14224, � 20 (2006) (``Allocations Streamlining''). Id. The reference coordinates for Channel 297A at Mineral, California, are 40-16-11 NL and 121-31-46 WL. See 47 C.F.R. � 73.315(a) and (b). See e.g., The Dalles, Oregon, Notice of Proposed Rule Making, 11 FCC Rcd 1788 (MMB 1996) (soliciting documentation concerning the construction of a tall tower to overcome a terrain obstruction). See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's
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  • 1157 (D.C. Cir. 1969) (``WAIT Radio''). Greater Media Radio Co., Inc., Memorandum Opinion and Order, 15 FCC Rcd 7090 (1999) (citing Stoner Broadcasting System, Inc., Memorandum Opinion and Order, 49 FCC2d 1011, 1012 (1974)) (``Greater Media''). Northwest Cellular Telephone Co. v. F.C.C., 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio, 418 F.2d at 1157). See 47 C.F.R. � 73.315. Community Communications Corp., Hearing Designation Order, 5 FCC Rcd 3413 (MMB 1990) (Section 73.315 waived due to size of Indianapolis, Indiana); Northland Broadcasters, A Limited Partnership, Hearing Designation Order, 4 FCC Rcd 6508 (MMB 1989) (due to rugged terrain, coverage of all of Anchorage, Alaska was not possible); George S. Flinn, Jr., Hearing Designation Order, 5 FCC Rcd (MMB 1990)
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  • of pleadings. For the reasons set forth below, we deny the Petition, dismiss its Supplement, deny the Objection, dismiss its two Supplements, and grant the License Application. Background. In the Minor Change Application, New Life proposed to relocate the Station's transmitter site and change its technical facilities. The Minor Change Application certified that the proposed facilities would comply with Section 73.315 of the Commission's Rules (the ``Rules''), which requires that an FM station place at least a 70 dB� (3.16 mV/m) strength signal to its entire community of license. It also provided a technical exhibit purporting to show provision of a 70 dB� signal to all of Cidra, Puerto Rico. In its pre-grant objection, JMR argued that the Licensee's Minor Change
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  • 73.1125 (``Section 73.1125''). W&B filed a Supplement to Objection on September 30, 2004, and a Reply to Response on October 27, 2004. Skytower filed a Clarification on November 24, 2004. W&B filed a Reply on December 13, 2004. 47 U.S.C. �� 309(k), 503(b); 47 C.F.R. � 1.80. See 47 C.F.R. � 0.283. See Response at 9. See 47 C.F.R. �� 73.315(a), 73.1125. Opposition, Attachment 2. The studio locations are approximately 100 meters apart. The relocation to the 233 West Dixie Studio was directly toward Hardinsburg, Kentucky. Oppostion, Attachment 3. 47 C.F.R. � 73.313. Hardinsburg has only two stations, WULF(FM), a Class C2 station, and WXBC(FM), a Class A station. Section 73.1125 provides, in pertinent part, that an FM station's main studio
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  • the station. 3. Petitioner concedes that the signal contour of proposed Channel 258A at Willow Creek would not provide 70 dBu city-grade coverage to the entire Census Designated Place (``CDP'') of Willow Creek. The Commission's rules generally require that a new allotment proposal must provide a 70 dBu city-grade signal contour to the entire proposed community, in accordance with Section 73.315(a) of the Rules. Petitioner nonetheless argues that this situation is similar to that presented in Beatty and Goldfield, Nevada, wherein we accepted a proposal that did not cover the entire proposed community. In that case, we approved an allotment where the 70 dBu city-grade signal contour would not encompass the entire census-designated boundary, but would encompass the entire town site,
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  • properly spaced site is technically feasible and meets FAA criteria. Additionally, any expressions of interest specifying sites conforming with the minimum distance separation requirements of Section 73.207(b) in response to this Notice will be required to submit specific showings demonstrating the ability to provide a 3.16 mV/m contour over the entire principal community of Pacific Junction, as required by Section 73.315 of the Commission's Rules. Although site certification is generally not required in the context of a rulemaking proceeding, we believe the facts in this case warrant a departure from that policy. Any interested party will be required to provide information demonstrating that it has reasonable assurance of transmitter site availability. 6. Accordingly, we seek comment on the proposed amendment to
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  • Show Cause (``OSC'') to Dickenson County as to why its license for Station WDIC-FM should not be modified from Channel 221A to Channel 276A. In response to the OSC, Dickenson County argued that there was a major terrain obstruction between Coal Run and the proposed reference site that would preclude 70 dBu service to Coal Run in contravention of Section 73.315(b) of the Rules. 3. In the R&O, we agreed with Dickenson County that there was a major terrain obstruction 10.4 kilometers (6.5 miles) from the proposed transmitter and that it would be necessary to construct a tower of approximately 173 meters (568 feet) above ground level to achieve a height above average terrain (``HAAT'') of 224 meters (735 feet) to
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  • however, request an increase in power from 3 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
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  • and deny it in all other respects; we deny the License Objection; and we grant the License Application. Background. On January 7, 2009, the staff granted Dakota's application to change the Station's community of license from Huron to Milbank, South Dakota (the ``Community Change Application''). The Community Change Application proposed service to the entirety of Milbank, in accordance with Section 73.315 of the Commission's Rules (the ``Rules''). On June 2, 2009, Dakota filed the Modification Application, proposing to change the Station's location and technical facilities. The Modification Application disclosed that the proposed 70 dB� (3.16 mV/m) signal would cover 92.3 percent of the population and 83.3 percent of the land area of Milbank, South Dakota. n''), a former South Dakota state
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  • Willow Creek, would serve the public interest, despite an inability to provide a 70 dBu city-grade signal contour to the entire community of Willow Creek, as a defined Census Designated Place (``CDP''). 3. The Commission's rules generally require that a new allotment proposal must provide a 70 dBu city-grade signal contour to the entire proposed community, in accordance with Section 73.315(a) of the Rules. Petitioner emphasizes, however, that the proposed allotment of Channel 258A at Willow Creek would provide a 70 dBu city-grade signal contour covering the entire population of the CDP, as well as the entire principal community of Willow Creek as defined by Humboldt County and the Willow Creek Community Services District. We agree with petitioner that the facts
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  • Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 13204 (2010)(``NAL''). The Bureau also held that Licensee's supplemental coverage showing was acceptable; that Licensee did not misrepresent a material fact to the Commission; and that the acceptability of the supplemental coverage showing obviated the need for a waiver of Section 73.1125 of the Rules. See 47 C.F.R. �� 73.315(a), 73.1125. The studio locations are approximately 100 meters apart. The relocation to the 233 West Dixie Studio was directly toward Hardinsburg, Kentucky. NAL, 25 FCC Rcd at 13205. 47 C.F.R. � 73.313. Hardinsburg has only two stations, WULF(FM), a Class C2 station, and WXBC(FM), a Class A station. Section 73.1125 provides, in pertinent part, that an FM station's main studio
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  • current practice of requiring FM stations in the reserved band to be chosen by applications judged strictly on their own engineering terms, using an interference standard). Secondly, the pleading did not include an engineering study, and our own engineering analysis shows that pursuant to the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules, Channel 297C3 cannot be allotted at Cass City. (continued....) Federal Communications Commission Federal Communications Commission 0 2 3 4 5 6 7 = > ? @ C D J K L M N O v w  = > ? K L N O P Q R w x y z { | } ~ 
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  • ST. MARYS 106.9 MHZ E GA Voluntary Assignment of License From: RADIO ASSIST MINISTRY, INC. To: VICTOR M. VICKERS Form 345 RADIO ASSIST MINISTRY, INC. W295AG 153382 BALFT-20100816AAJ GA 09/29/2010 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , JACKSON 106.7 MHZ E WY CP New Station. Engineering Amendment filed 03/11/2010 Dismissed by letter 9/29/2010 (47 CFR Section 73.315 violation) CALVARY CHAPEL FELLOWSHIP OF TETON VALLEY, INC. NEW 185177 BNPED-20100226AJD WY DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR DISPLACEMENT DISMISSED , BANNING CHAN-4 E CA Minor change of callsign KRVD-LP. Engineering Amendment filed 06/30/2009 VENTURE TECHNOLOGIES GROUP, LLC KRVD-LP 128327 BDISDVL-20090611ACZ CA Page 4 of 16 Broadcast Actions 10/4/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C.
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  • U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 185177 CALVARY CHAPEL FELLOWSHIP OF TETON VALLEY, INC. WY JACKSON , WY BNPED-20100226AJD 106.7 MHZ E CP New Station. Engineering Amendment filed 03/11/2010 Dismissed by letter 9/29/2010 (47 CFR Section 73.315 violation) Engineering Amendment filed 10/29/2010 Petition for Reconsideration Filed 10/29/2010 by Calvary Chapel Fellowship of Tenton Valley, Inc. AM STATION APPLICATIONS FOR RENEWAL ACCEPTED FOR FILING KSRA 71527 SALMON RIVER COMMUNICATIONS, INC. ID SALMON , ID BR-20101104AAG 960 KHZ E Renewal of License. FM STATION APPLICATIONS FOR TRANSFER OF CONTROL ACCEPTED FOR FILING KDCR 17314 DORDT COLLEGE, INC. IA SIOUX
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  • T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 185177 CALVARY CHAPEL FELLOWSHIP OF TETON VALLEY, INC. WY JACKSON , WY BNPED-20100226AJD 106.7 MHZ E CP New Station. Engineering Amendment filed 03/11/2010 Dismissed by letter 9/29/2010 (47 CFR Section 73.315 violation) Engineering Amendment filed 10/29/2010 Petition for Reconsideration Filed 10/29/2010 by Calvary Chapel Fellowship of Tenton Valley, Inc. Engineering Amendment filed 11/05/2010 Petition for Reconsideration granted 11/8/2010 Application reinstated 11/8/2010 (No letter sent) FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 173510 SPIRIT BROADCASTING GROUP, INC. NC ENGELHARD , NC BNPED-20071016ADU 91.9 MHZ E CP New Station.
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  • 121240 BPED-20100716ACN MI , NEPHI 99.1 MHZ E UT Minor change in licensed facilities. Engineering Amendment filed 02/10/2011 SLC DIVESTITURE TRUST I (W. LAWRENCE PATRICK, TRUSTEE) KUDE 72769 BPH-20101220ABB UT 03/01/2011 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , VAN ALSTYNE 99.9 MHZ E TX CP New Station. Dismissed by letter 3/1/2011 (47 CFR Sections 73.207 and 73.315 violation) HISPANIC FAMILY CHRISTIAN NETWORK, INC. NEW 184885 BNPED-20100226AHB TX DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR DISPLACEMENT DISMISSED , DARBY CHAN-15 E PA Minor change of callsign W36DO-D. Engineering Amendment filed 01/28/2011 MAKO COMMUNICATIONS, LLC W36DO-D 72535 BDISDTL-20101203ABC PA Page 1 of 13 Broadcast Actions 3/4/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308317A1.pdf
  • K280BI 52262 BALFT-20110331AES WA 07/07/2011 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , COLUMBUS 93.5 MHZ E IN CP New Station. Accepted for filing and tentatively selected pursuant to FCC 11-67. Petitions to deny the tentative selectee must be on file no later than 30 days from May 3, 2011. Dismissed by letter 7/7/2011 (47 CFR Section 73.315 violation) THE GABRIEL PROJECT, INC. NEW 184830 BNPED-20100226AFV IN FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , BARSTOW 89.1 MHZ E CA Minor change in licensed facilities. Engineering Amendment filed 05/09/2011 ONDAS DE VIDA NETWORK, INC. KODV 122214 BPED-20110504AAZ CA Page 1 of 11 Broadcast Actions 7/12/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington,
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  • 11-99. Petitions to deny the tentative selectee must be on file no later than 30 days from June 21, 2011. Petition to Deny Filed 07/21/2011 by Western Carolina University NEW 185177 CALVARY CHAPEL FELLOWSHIP OF TETON VALLEY, INC. WY JACKSON , WY BNPED-20100226AJD 106.7 MHZ E CP New Station. Engineering Amendment filed 03/11/2010 Dismissed by letter 9/29/2010 (47 CFR Section 73.315 violation) Engineering Amendment filed 10/29/2010 Petition for Reconsideration Filed 10/29/2010 by Calvary Chapel Fellowship of Tenton Valley, Inc. Engineering Amendment filed 11/05/2010 Petition for Reconsideration granted 11/8/2010 Application reinstated 11/8/2010 (No letter sent) Accepted for filing and tentatively selected pursuant to FCC 11-99. Petitions to deny the tentative selectee must be on file no later than 30 days from June
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  • N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT NEW 185177 CALVARY CHAPEL FELLOWSHIP OF TETON VALLEY, INC. WY JACKSON , WY BNPED-20100226AJD 106.7 MHZ E CP New Station. Engineering Amendment filed 03/11/2010 Dismissed by letter 9/29/2010 (47 CFR Section 73.315 violation) Engineering Amendment filed 10/29/2010 Petition for Reconsideration Filed 10/29/2010 by Calvary Chapel Fellowship of Tenton Valley, Inc. Engineering Amendment filed 11/05/2010 Petition for Reconsideration granted 11/8/2010 Application reinstated 11/8/2010 (No letter sent) Accepted for filing and tentatively selected pursuant to FCC 11-99. Petitions to deny the tentative selectee must be on file no later than 30 days from June
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  • FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 184830 THE GABRIEL PROJECT, INC. IN COLUMBUS , IN BNPED-20100226AFV 93.5 MHZ E CP New Station. Accepted for filing and tentatively selected pursuant to FCC 11-67. Petitions to deny the tentative selectee must be on file no later than 30 days from May 3, 2011. Dismissed by letter 7/7/2011 (47 CFR Section 73.315 violation) Petition for Reconsideration Filed 08/11/2011 by The Gabriel Project, Inc. CLASS A TV APPLICATIONS FOR TRANSFER OF CONTROL ACCEPTED FOR FILING WLPS-LP 5335BILLY RAY LOCKLEAR EVANGELISTIC ASSOCIATION, INC. NC LUMBERTON/PEMBROKE , NC BTCTVA-20110816AAK CHAN-7 E Voluntary Transfer of Control From: BILLY RAY LOCKLEAR EVANGELISTIC ASSOCIATION, INC. To: BILLY RAY LOCKLEAR EVANGELISTIC ASSOCIATION, INC. Form 316 DIGITAL TRANSLATOR OR DIGITAL
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  • FILE NUMBER STATE E/P 08/31/2011 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , COLUMBUS 93.5 MHZ E IN CP New Station. Accepted for filing and tentatively selected pursuant to FCC 11-67. Petitions to deny the tentative selectee must be on file no later than 30 days from May 3, 2011. Dismissed by letter 7/7/2011 (47 CFR Section 73.315 violation) Petition for Reconsideration Filed 08/11/2011 by The Gabriel Project, Inc. Engineering Amendment filed 08/11/2011 Petition for Reconsideration granted 8/31/2011 Application reinstated nunc pro tunc 8/31/2011 (No letter sent) THE GABRIEL PROJECT, INC. NEW 184830 BNPED-20100226AFV IN , SILVERTON 104.1 MHZ E CO CP New Station. Engineering Amendment filed 07/18/2011 Auction 91 Application EDUCATIONAL MEDIA FOUNDATION NEW 189487 BNPH-20110630AEB CO
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  • not accept Rogers' counterproposal. There were three reasons for that action. First, the staff found that Rogers' counterproposal is short-spaced to the licensed site of Station WZLQ, Channel 253C1, Tupelo, Mississippi. Second, using the Commission's standard methodology for predicting signal coverage, Rogers' counterproposal did not provide a 70 dBu contour over the entire community of Florence, as required by Section 73.315(a) of the Commission's Rules. Third, the Report and Order found that Rogers' use of actual terrain factors to demonstrate coverage of Florence was unacceptable. The Memorandum Opinion and Order denied a Petition for Reconsideration filed by Rogers directed to the Report and Order. 3. Application for Review. In his Application for Review, Rogers sets forth two arguments. First, he contends
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  • second-adjacent channel FM translator stations protecting non-reserved band Class B1 and B stations, respectively. 2. Minimum Community of License Coverage Background. Unlike their commercial counterparts, NCE FM stations are not required under our rules to provide a minimum field strength signal over their principal community. In the Notice, we proposed to revise our rules to delete the Note in Section 73.315(a) and require each NCE FM station to provide 60 dBu (1 mV/m) service to at least a portion of its community of license. We requested comment on minimum population and coverage area requirements. This proposal reflects our determination that a radio station cannot adequately serve its community of license unless it places a listenable and protected signal over at least
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  • Station, Texas, to upgrade to Channel 236C2. In doing so, the staff denied a competing proposal by Henderson for upgrading Station KLTR to Channel 236C2. 10 FCC Rcd 7285 (MM Bur. 1995). That decision was based on two grounds. First, the Henderson upgrade would not provide the requisite 70 dBu signal to any part of Caldwell in contravention of Section 73.315(a) of the Rules. Second, the Bryan Broadcasting proposal would comply with all Commission technical requirements and was preferable to a competing proposal that did not comply with Section 73.315(a) of the Rules. Thereafter, the staff denied a Petition for Reconsideration filed by Henderson, 11 FCC Rcd 5326 (MM Bur. 1996), and we denied an Application for Review, 13 FCC Rcd
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  • letter on July 8, 1999, to which RRI responded on August 19, 1999. MPL filed to change KITE(FM)'s antenna height, effective radiated power, and antenna location (File No. BPH-19990312IG). RRI filed an informal objection to the application. In addition to alleging defects in the application, RRI argued that it failed to meet the city coverage requirement of 47 C.F.R. � 73.315(a). The modification request was ultimately dismissed due to failure to file a corrective amendment indicating compliance with � 73.315(a). See Letter to Jose C. Rodriguez, Chapter 11 Trustee from the Chief Audio Services Division, Mass Media Bureau, June 2, 2000 (reference 1800B3-JR). See � 2, supra. RRI filed a civil lawsuit against MPL in Kerr County District Court, 216th Judicial
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  • situated near the border of the Trenton metro and the Philadelphia metro (more specifically, near the border of Mercer County and Bucks County). See note 13 supra. After the transaction, Nassau will continue to operate WHWH(AM) pursuant to a TBA. See Nassau Dec. 6, 2001 Response at 25 n.59. Nassau Dec. 6, 2001 Response at 19-21, 23. 47 C.F.R. � 73.315. Id. at 24; 2001 BIA Special Study at 9-10. Nassau Dec. 6, 2001 Response at 24; 2001 BIA Special Study at 9-10. According to Nassau, these stations are: WDAS-FM, WUSL(FM), WJJZ(FM), and WIOQ(FM), Philadelphia, owned by Clear Channel Communications; WOGL-FM and WYSP(FM), Philadelphia, owned by Infinity Broadcasting; WXTU(FM) and WPTP(FM), Philadelphia, owned by Beasley Broadcast Group; and WMGK(FM) and WMMR(FM),
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  • the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: � 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see � 73.24(i)); FM Broadcast station - principal community contour (see � 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog TV and � 73.622(e) for DTV); ***** (3)*** AM broadcast station - principal community contour (see � 73.24(i)); FM broadcast station - principal community contour (see � 73.315(a)); *** Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog TV
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  • objection, conformed to Mr. Turner's description of the facilities he stated Zawila asked him to help construct. 10. In a supplement to his Informal Objection, filed December 29, 1999, Smith contended that the KNGS facilities, as constructed, would not be able to provide a principal community signal over the community of license, Coalinga, California, thus indicating a violation of Section 73.315 of our Rules. 11. On August 22, 2000, the Bureau's Audio Division wrote Zawila to request that he file a response to Smith's Informal Objection within 30 days. Zawila did not file a timely response, but instead requested extensions of time by letters dated September 20, 2000, October 20, 2000, and November 21, 2000. 12. Beginning November 20, 2000, the
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  • No. BALH-19980824EB). Secret Opposition at 4. The term TBA is used synonymously with ``local marketing agreement'' or ``LMA'' throughout this decision. Citicasters Licenses, Inc., a subsidiary of Clear Channel, is the licensee of WBEX(AM). See File No. BAL-20011214AGU. Each of the four commercial stations licensed to Chillicothe provides the requisite principle community contour over Chillicothe (see 47 C.F.R. �� 73.24(i), 73.315(a)), while the three noncommercial FM stations provide the requisite 60 dBu coverage to at least 50 percent of Chillicothe (see 47 C.F.R. � 73.515). The other nine stations that provide protected service to all or a substantial part of Chillicothe are as follows: WTVN(AM), WRFD(AM) and WNCI(FM) - all licensed to Columbus, Ohio; WXIC and WXIZ(FM), Waverly, Ohio; WHOK-FM, Lancaster,
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  • not allotted, where mutually exclusive AM applications are filed, they are first evaluated under similar section 307(b) criteria. Pacific Broadcasting of Missouri LLC, 18 FCC Rcd 2291 (2003) (quoting Public Service Broadcasting of West Jordan, Inc., 97 F.C.C.2d 960, 962 (Rev. Bd. 1984)). FCC v. Allentown Broadcasting Corp., 349 U.S. 358, 362 (1955). See 47 C.F.R. �� 73.24(i) (for AM), 73.315(a) (for FM), 73.685(a) (for TV). See id. � 73.1125. Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the Main Studio and Program Origination Rules for Radio and Television Broadcast Stations, 3 FCC Rcd 5024, 5026 � 24 (1988). 47 C.F.R. �� 73.3526(e)(11)(i) (commercial TV issues/program list), 73.3526(e)(12) (commercial AM and FM issues/program list). These lists must be retained
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  • exclusive applications within this 30-day period. See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(3), 73.3580. 47 C.F.R. � 1.420(i). Amendment of the Commission's Rules Regarding 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) (``New Community MO&O''). 47 C.F.R. �� 73.207, 73.315(a). At this stage of the proceeding, the Commission also requests concurrence by the Canadian or Mexican governments if required to do so. Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15928 (1998) (``Broadcast First Report and Order''). See also 47
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  • 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) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's
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  • proposes that we repeal the third adjacent channel requirements found in Section 73.215(a) of the Rules, or recommend to Congress that we be allowed to do so. Finally, DCS proposes that we relax our FM service and allotment rules and policies in two respects: (1) replace the community of license coverage requirement for commercial FM stations, set forth in Section 73.315(a) of the Rules, with the less stringent coverage requirement for noncommercial FM stations, set forth in Section 73.515 of the Rules; and (2) authorize stations to change their community of license to any community located within the same market, as defined by Section 73.3555(a) of the Rules. DCS urges the adoption of these proposals to facilitate efforts of minority-owned stations,
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  • For the reasons set forth below, we affirm grant of the Modification Application, and deny the Application for Review. II. BACKGROUND On May 1, 2001, the Media Bureau (the ``Bureau'') granted the Modification Application without written decision. Appellants timely filed a Petition for Reconsideration, asserting that the Applicant's proposal did not satisfy the signal coverage requirement set forth in Section 73.315(a) of the Rules. The Applicant had explained in its Modification Application that, using the Commission's standard contour prediction methodology, the transmitter at the proposed new site would not place the requisite 70 dBu signal over Garden City, the station's community of license. The Applicant claimed, however, that in the direction of Garden City, the terrain is particularly smooth and therefore
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  • calculated on the basis of only area, only population, or by either method. Since the rule change, the staff has applied an ``either area or population'' processing standard to determine compliance with the nighttime coverage requirement. This approach conforms to established licensing practice regarding the analogous rule in the FM radio service. The FM non-reserved band city coverage rule, Section 73.315(a), requires that a proposed facility cover ``the entire principal community'' with a 70 dBu strength signal. The Commission has stated that FM coverage of ``at least 80 percent area or population'' substantially complies with that FM rule. The staff's approach is also consistent with other AM policies that use an 80 percent standard, and with case law issued under the
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  • procedures are limited to non-reserved band channels. Accordingly, the Counterproposal, which specifies a reserved band channel, is subject to dismissal on this basis alone. Moreover, the alternate Channel 297C3 allotment proposed by Czelada for Cass City failed to meet the minimum distance separation requirements set forth in Section 73.207(b) of the Rules or the principal city coverage requirement of Section 73.315(a) of the Rules. Finally, we find without merit Czelada's argument that the staff failed to consider the preclusionary effect of the Channel 221 upgrade at Cass City on existing and potential NCE FM service. Czelada did not raise this issue prior to the issuance of the Report and Order or the Reconsideration Order. Accordingly, the Rules bar Czelada from raising
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  • address unmet needs for community-oriented radio broadcasting. . . .''). See also LPFM Report and Order, 15 FCC Rcd at 2208 (``Our goal in creating a new LPFM service is to create a class of radio stations designed to serve very localized communities or underrepresented groups within communities''). LPFM stations are also exempt from the city coverage requirements of Section 73.315(a). See 47 C.F.R. � 73.801. LPFM Report and Order, 15 FCC Rcd at 2216, para. 25. ), the urban redevelopment agency serving the city of Coeur d'Alene, was established by the Coeur d'Alene City Council and provides some evidence that Coeur d'Alene identifies with ``Lake City.'' Furthermore, the city contains Lake City Junior Academy, a private middle school, and Lake
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  • of alternate, potentially less controversial sites is not a decisionally significant matter that must be reported to the Commission until the applicant actually commits to use a second site. 17. City Coverage Issue. BBI argues that Anderson's ``Third Amendment'' to the captioned application fails to provide the required 70 dBu coverage over the entire community of license, pursuant to Section 73.315 of the Rules, and that the Bureau Decision is mute on this issue. BBI asserts that ``a significant terrain obstruction . . . precludes 70 dBu service to Bigfork'' along three radials at the new site. BBI also labels the Bureau's finding on this issue as ``palpably inadequate.'' Anderson responds that ``at no point on any radial does the signal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30A1.txt
  • lands not owned by members of Tribes from the coverage percentage. S.Rep. No. 698, 45th Cong., 3d Sess. 1-2 (1879) (quoted in Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 140, 102 S.Ct. 894, 903, 71 L.Ed.2d 21 (1981)). Tribal Policy Statement, 16 FCC Rcd at 4080-81 (2000). The principal community contour is set forth in 47 C.F.R. �� 73.24(i), 73.315(a), and 73.515. See FM Assignment Policies at 91-93. 47 C.F.R. � 73.7002(b). See id. �� 73.503, 73.561. 47 U.S.C. � 307(b). See Winter Park Comm'ns, Inc. v. FCC, 873 F.2d 347, 352 (D.C. Cir. 1989) (``The FCC has broad discretion under section 307(b) to determine the public interest, and nothing in the Communications Act prevents the FCC from defining the
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  • (1879) (quoted in Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 140, 102 S.Ct. 894, 903, 71 L.Ed.2d 21 (1981)). Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy Statement, 16 FCC Rcd 4078, 4080-81 (2000) (``Tribal Policy Statement''). The principal community contours of AM, FM and NCE FM stations are defined in 47 C.F.R. �� 73.24(i), 73.315(a), and 73.515, respectively. For purposes of simplicity in reference, as used generally in this section the term ``applicant'' also refers to a party filing a Petition for Rule Making to amend the FM Table of Allotments, 47 C.F.R. � 73.202. See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC2d 88, 91-93 (1982) (``FM Assignment Policies'').
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  • 13. Cf. 47 C.F.R. � 73.7000 (for purposes of earning a ``local applicant'' credit, a noncommercial educational applicant organization may show that it is physically headquartered, has a campus, or has 75 percent of its board members residing within 25 miles of the reference coordinates of the proposed community of license). 25 C.F.R. � 83.7(b)(2)(i). See 47 C.F.R. �� 73.24, 73.315, 73.515. NPM/NCAI FNPRM Comments at 10 n.20. Thus, metropolitan markets, such as those identified by KBC, see supra at � 4, would not be appropriate areas for a tribal land waiver. First R&O, 25 FCC Rcd at 1587-89. See FM Assignment Policies, 90 F.C.C.2d at 91-93. The four priorities are: (1) First fulltime aural (reception) service; (2) Second fulltime aural
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  • Report and Order, Dockets 16004 and 18052, 53 FCC 2d 855, 863 (1975). 49 Temporary Suspension of Certain Portions of Sections 73.313, 73.333, 73.684, and 73.699, FCC 75-1226, 56 FCC 2d 749(1975), stay extended indefinitely, 40 Rad. Reg. 2d 965 (1977). 50 We have accepted supplemental showings aimed at demonstrating compliance with the city coverage requirement in 47 C.F.R. � 73.315 and the main studio requirement in 47 C.F.R. � 73.1125, since there can be no interference created to other stations by such use. See Certain Minor Changes in Broadcast facilities Without a Construction Permit, Report and Order, MM Docket 96-58, 12 FCC Rcd 12371 at 12401-03. 15 A. Introduction 28. In this section we propose certain rule and policy changes
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • field values where the relative field values are taken from at least 36 evenly spaced radials for the entire 360 degrees of azimuth. The application for license must also demonstrate that coverage of the community of license by the 70 dBu contour is maintained for stations authorized pursuant to Sec. 73.215 on Channels 221 through 300, as required by Sec. 73.315(a), while noncommercial educational stations operating on Channels 201 through 220 must show that the 60 dBu contour covers at least a portion of the community of license. * * * * * 5. Section 73.1030 is amended by revising subsection (a) as follows: � 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. (a)(1) Radio astronomy and radio
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99118.pdf
  • for Radio and Television and Radio Broadcast Stations, 2 FCC Rcd 3215 (1987) ("Main Studio and Program Origination Report and Order"). The principal community contour (5 mV/m for AM radio, 3.16 mV/m for FM radio and city-grade for TV) must encompass the entire community of license, but often extends beyond those limits in some directions. See 47 CFR �� 73.24(i), 73.315(a), 73.685. 5 See 2 FCC Rcd 3215 (1987). 6 The Commission's rules require stations to provide local or toll-free telephone service to their communities of license. See 47 C.F.R. �73.1125(c). 2 this proceeding and one opposition to the petitions for reconsideration.3 In response to these petitions for reconsideration, we take this opportunity to affirm, revise, or clarify certain of our
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  • able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. � 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. � 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at 14,876 (1998). The principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(i), the 3.16 mV/m for FM
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf
  • B1 and B stations in the "reserved band," rather than the non-reserved band. Federal Communications Commission FCC 00-368 22 41. Background. Unlike their commercial counterparts, NCE FM stations are not required under our rules to provide a minimum field strength signal over their principal community.90 In the Notice, we proposed to revise our rules to delete the Note in Section 73.315(a) and require each NCE FM station to provide 60 dBu (1 mV/m) service to at least a portion of its community of license.91 We requested comment on minimum population and coverage area requirements. This proposal reflects our determination that a radio station cannot adequately serve its community of license unless it places a listenable and protected signal over at least
• http://transition.fcc.gov/fcc-bin/audio/DA-05-2506A1.pdf
  • Carolina, 7 FCC Rcd 6305 (MMB 1992). 5 47 C.F.R. � 1.429. 6 See Note 3, supra. 7 See e.g. Shorter, Alabama, 19 FCC Rcd 6844 (MB 2004) (affirming on reconsideration the dismissal of petition for rule making due to short spacing to licensed site). 8 See Caldwell, Texas, et al., 15 FCC Rcd 20641 (2000) 9 47 C.F.R. � 73.315. 10 San Clemente, California, 3 FCC Rcd 6728 (MMB 1988) appeal dismissed sub. nom. Mount Wilson FM Broadcasters, Inc. v. FCC, 884 F.2d 1462 (D.C. Cir. 1989). See also San Clemente, California, 10 FCC Rcd 8291 (1995). 11 Key West, Florida, 3 FCC Rcd 6423 (MMB 1988). Federal Communications Commission DA 05-2506 3 7. This document is not subject to
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  • First, we disagree with the objectors that Station KMCO(FM) is an inadequate substitute for Station KESC(FM) based on its signal strength. On the contrary, Station KMCO(FM) is not changing its transmitter site, and from its present site, the Petitioners have demonstrated that it will continue to provide a 70 dBu signal over 100 percent of Wilburton as required by Section 73.315(a) of the Commission's Rules. Second, the objectors are speculating that Station KMCO(FM) will not be able to serve the needs and interests of Wilburton; such issues are more appropriately raised in connection with a station's license renewal application than at the allotment stage. Third, the Commission does not review program format changes and leaves such choices to market forces to
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  • 254C0, will eliminate any short spacing to requested Channel 253A at Lometa and the reclassification of Station KAMX(FM), Channel 234C, Luling, Texas, to specify operation on Channel 234C0 will eliminate any short spacing to requested Channel 235A at Richland Springs, Texas. Operation on Channel 253A at Lometa from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. As noted above, the allotment of Channel 253A requires the related channel substitution of Channel 235A for vacant Channel 252A at Richland Springs, Texas. Since Richland Springs is located within 320 kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican Government is required for the
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  • staff analysis also shows that the reclassification of Station WKQL(FM), Jacksonville, Florida, to specify operation on Channel 245C0, will eliminate any short spacing to requested Channel 246A at Homerville, Georgia, by using Petitioner's requested site 11.1 kilometers (6.9 miles) northwest of the community., Operation on Channel 246A from the restricted site specified also will comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu coverage over the entire community. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office Pursuant to the Congressional Review Act, see 5 U.S.C. �801(a)(1)(A). Accordingly, pursuant to the authority contained in 47 U.S.C. �� 4(i), 5(c)(1), 303(g),
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  • and Approval of Settlement Agreement. The R&O approved the withdrawal of Garland's rulemaking petition in compliance with Section 1.420(j) of the Commission's Rules. However, the R&O dismissed Henderson's counterproposal as technically defective because the allotment of Channel 274A at Caldwell would not provide the requisite coverage of the community of Caldwell with a 70 dBu signal as required by Section 73.315 of the Commission's rules. Henderson filed a Petition for Reconsideration of the R&O, contending that the staff erred in dismissing his counterproposal for lack of city-grade coverage. Thereafter, Henderson withdrew his Petition for Reconsideration, stating that he simultaneously filed a counterproposal in MB Docket No. 06-66, proposing to upgrade and reallot Station KLTR(FM) from Caldwell to Bedias. Henderson contends that
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  • directed to Dickenson County to show cause why its license should not be modified to accommodate the proposed Station WPKE-FM upgrade. 3. In response to the Order to Show Cause, Dickenson County stated that there is a major terrain obstruction between Coal Run and the proposed reference site that would preclude 70dBu service to Coal Run in contravention of Section 73.315 (b) of the rules. In its supporting engineering exhibit, using a 3 second terrain data base, Dickenson County identified a major obstruction located 10.57 kilometers (6.57 miles) from the proposed reference site. Even with the proposed tower of 209 meters (686 feet), this mountain peak would preclude the required line-of-sight clearance from its originally proposed site using a 1,000-foot tower.
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  • for Channel 276A at Manchester already proposed by Vernon R. Baldwin, Inc. 3. We returned the Joint Petition for Rule Making. The basis for that action was the fact that there was a major terrain obstruction between the proposed site for the Channel 276A substitution and Mount Vernon, which precluded 70 dBu coverage of Mount Vernon in contravention of Section 73.315(a) of the rules. The Joint Petitioners filed a Petition for Reconsideration directed to that action. 4. In their Petition for Reconsideration, the Joint Petitioners do not dispute our earlier determination that the proposed Channel 276A substitution at Mount Vernon was technically defective. Instead, the Joint Petitioners set forth a new transmitter site that would avoid any major terrain obstruction and
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  • to Corona de Tucson to replace the loss of the sole local service resulting from the reallotment of Channel 267C3 to Tanque Verde, CCR-Sierra states that there is no line-of-sight from the antenna to the community of Corona de Tucson and, as such, this proposal would not provide Corona de Tucson with a 70 dBu signal as required by Section 73.315(a) of the rules. With respect to the reallotment of Channel 279A to Vail, CCR-Sierra notes that this reallotment proposal was not accompanied by a Tuck showing and that Mexico has objected to this allotment. Finally, CCR-Sierra asserts that Animas, New Mexico, is not a community for allotment purposes and that the proposal for Channel 228C1 at Virden, New Mexico, does
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  • S.W., Washington, D.C. See File No. BMPH-20070727ABV. . See File No. BNPH-20070727AHY and File No. BNPH-20070727AUO, respectively. (holding that removal of unbuilt facilities does not present the same loss of service concerns as removal of a licensed station). The Petitioner filed a Petition for Reconsideration pertaining to a staff letter decision, which returned the aforementioned petition for noncompliance with Section 73.315(a) of the Rules with respect to the proposed allotment of Channel 259A at Beatty. See Letter to John S. Neely Esq. (MB Oct. 5, 2007). Generally, in FM allotment proceedings, a new ``drop-in'' allotment proposal must provide a 70 dBu coverage signal contour to the entire proposed community in accordance with Section 73.315(a) of the Rules. However, the Commission has
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  • Cochise Desert proposals are short-spaced to Mexican allotments and stations. II. DISCUSSION 6. At the outset, we reject the CCR-Sierra argument that the Cochise Desert proposal for Channel 267C3 at Tanque Verde and the Channel 253A proposal at Corona de Tucson would each fail to provide a 70 dBu signal to the respective communities of license as required by Section 73.315(a) of the rules. CCR-Sierra has submitted an engineering exhibit using the ``standard Longley Rice free space formula'' asserting that, due to major terrain obstructions between the respective transmitter sites and communities of license, the requisite 70 dBu signal would not be provided to both Tanque Verde and Corona de Tucson. As stated in the Report and Order, determinations of coverage
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  • Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1988). See Kaycee and Basin, Wyoming, Report and Order, 15 FCC Rcd 15767 (MB 2000). We note that the site proposed by Petitioner in its simultaneously filed application, File No., BNPH-20080208ADU, at coordinates 44-30-42 NL and 107-36-03 WL, would not meet the Commission's spacing requirements specified in 47 C.F.R. �73.315. 47 C.F.R. � 73.202(b). 47 C.F.R. �� 1.415 and 1.419. See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections �� 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549 (Feb. 9, 1981). 44 U.S.C. � 3506(c)(4). (...continued from previous page) (continued....) Federal Communications Commission DA 08-737
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  • the Saratoga allotment); Northport, Alabama, and Macon, Georgia, Report and Order, 8 FCC Rcd 2161 (MMB 1993) (deleting a vacant allotment at Macon to accommodate an upgrade in the class of a Northport station because no interest was expressed in retaining the Macon allotment). In these cases, the vacant allotments were deleted without Section 307(b) comparisons. See 47 C.F.R. � 73.315(a). See, e.g., Sonora, California, Report and Order, 6 FCC Rcd 6042 (MMB 1991) (denying rulemaking petition to upgrade class of an FM station because of lack of city grade coverage over the entire principal community). (...continued from previous page) (continued....) Federal Communications Commission DA 09-1032 Federal Communications Commission DA 09-1032 � � F � ] b
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  • FCC Rcd 23212 (MB 2004). See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14224, � 20 (2006) (``Allocations Streamlining''). Id. The reference coordinates for Channel 297A at Mineral, California, are 40-16-11 NL and 121-31-46 WL. See 47 C.F.R. � 73.315(a) and (b). See e.g., The Dalles, Oregon, Notice of Proposed Rule Making, 11 FCC Rcd 1788 (MMB 1996) (soliciting documentation concerning the construction of a tall tower to overcome a terrain obstruction). See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's
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  • the station. 3. Petitioner concedes that the signal contour of proposed Channel 258A at Willow Creek would not provide 70 dBu city-grade coverage to the entire Census Designated Place (``CDP'') of Willow Creek. The Commission's rules generally require that a new allotment proposal must provide a 70 dBu city-grade signal contour to the entire proposed community, in accordance with Section 73.315(a) of the Rules. Petitioner nonetheless argues that this situation is similar to that presented in Beatty and Goldfield, Nevada, wherein we accepted a proposal that did not cover the entire proposed community. In that case, we approved an allotment where the 70 dBu city-grade signal contour would not encompass the entire census-designated boundary, but would encompass the entire town site,
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  • Show Cause (``OSC'') to Dickenson County as to why its license for Station WDIC-FM should not be modified from Channel 221A to Channel 276A. In response to the OSC, Dickenson County argued that there was a major terrain obstruction between Coal Run and the proposed reference site that would preclude 70 dBu service to Coal Run in contravention of Section 73.315(b) of the Rules. 3. In the R&O, we agreed with Dickenson County that there was a major terrain obstruction 10.4 kilometers (6.5 miles) from the proposed transmitter and that it would be necessary to construct a tower of approximately 173 meters (568 feet) above ground level to achieve a height above average terrain (``HAAT'') of 224 meters (735 feet) to
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  • Willow Creek, would serve the public interest, despite an inability to provide a 70 dBu city-grade signal contour to the entire community of Willow Creek, as a defined Census Designated Place (``CDP''). 3. The Commission's rules generally require that a new allotment proposal must provide a 70 dBu city-grade signal contour to the entire proposed community, in accordance with Section 73.315(a) of the Rules. Petitioner emphasizes, however, that the proposed allotment of Channel 258A at Willow Creek would provide a 70 dBu city-grade signal contour covering the entire population of the CDP, as well as the entire principal community of Willow Creek as defined by Humboldt County and the Willow Creek Community Services District. We agree with petitioner that the facts
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  • 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) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's
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  • procedures are limited to non-reserved band channels. Accordingly, the Counterproposal, which specifies a reserved band channel, is subject to dismissal on this basis alone. Moreover, the alternate Channel 297C3 allotment proposed by Czelada for Cass City failed to meet the minimum distance separation requirements set forth in Section 73.207(b) of the Rules or the principal city coverage requirement of Section 73.315(a) of the Rules. Finally, we find without merit Czelada's argument that the staff failed to consider the preclusionary effect of the Channel 221 upgrade at Cass City on existing and potential NCE FM service. Czelada did not raise this issue prior to the issuance of the Report and Order or the Reconsideration Order. Accordingly, the Rules bar Czelada from raising
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  • does not diminish the material improvement these measures will bring to the FM translator application process. See supra, n. 11. See supra, � 6. No such requirement is necessary for commercial FM and AM stations because these stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. �� 73.24(i), 73.315(a). As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. � 405; 47 C.F.R. �� 1.106, 73.3564, 73.3587. See Notice, 13 FCC Rcd at 14875-76. See supra, n.
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  • Permissible transmissions. [208]TEXT [209]PDF 73.293 Use of FM multiplex subcarriers. [210]TEXT [211]PDF 73.295 FM subsidiary communications services. [ [212]Subcarriers / SCA ] [213]TEXT [214]PDF 73.297 FM stereophonic sound broadcasting. [215]TEXT [216]PDF 73.310 FM technical definitions. [217]TEXT [218]PDF 73.311 Field strength contours. [219]TEXT [220]PDF 73.312 Topographic data. [221]TEXT [222]PDF 73.313 Prediction of coverage. [223]TEXT [224]PDF 73.314 Field strength measurements. [225]TEXT [226]PDF 73.315 FM transmitter location. [227]TEXT [228]PDF 73.316 FM antenna systems. [229]TEXT [230]PDF 73.317 FM transmission system requirements. [231]TEXT [232]PDF 73.318 FM blanketing interference. [233]TEXT [234]PDF 73.319 FM multiplex subcarrier technical standards. [235]TEXT [236]PDF 73.322 FM stereophonic sound transmission standards. [237]TEXT [238]PDF 73.333 Engineering charts. [ [239]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [240]TEXT [241]PDF 73.501 Channels available
• http://transition.fcc.gov/fcc-bin/audio/curves.html
  • as 60 dBu for all classes of noncommercial educational stations (including low power FM (LPFM) stations). Please be aware that stations can often be heard in locations beyond the protected service contour, but that service is not protected from interference caused by other stations. City coverage for commercial FM stations is defined by the F(50,50) 70 dBu contour, per [54]Section 73.315. For noncommercial educational stations (except LPFM), coverage over the community of license is defined by the 60 dBu contour (see [55]Section 73.515). For the appropriate FM interfering contour, please consult [56]Section 73.509 for noncommercial educational stations (88.1 MHz to 91.9 MHz) or [57]Section 73.215 for commercial FM stations (92.1 MHz to 107.9 MHz). If you already know the FM station
• http://transition.fcc.gov/fcc-bin/audio/engrser.html
  • June 27, 1997 [ [108]PDF | [109]Word ]. NOTE: While a proposed allotment would reduce another station's listeners and advertisers, this does not bar creation of an allotment. February 2, 1997 Table of Allotments: Cloverdale, Montgomery, Warrior, AL MO&O, DA 97-332, 12 FCC Rcd 2090, released February 2, 1997 [ [110]PDF | [111]Word ]. NOTE: No waiver of 47 CFR 73.315(a) at the allotment stage; 100% city coverage needed for an allotment. September 27, 1996 Thunderbolt Broadcasting (WCDZ, Dresden, TN) Letter, released September 27, 1996 [ [112]PDF ]. NOTE: [113]Application for review denied April 1, 1998. August 31, 1993 Mass Media Bureau Offers Examples of the Treatment of Applications Filed Under the New 'One Step' Process Including Treatment of Conflicts Between
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • � 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The
• 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
  • predicted by the standard contour prediction method in 47 C.F.R. Section 73.313 (i.e., no supplemental contour prediction method) still continues to cover at least 80% of the area or population within the legal boundaries of the community of license, which under present policy corresponds to the minimum level necessary for substantial compliance with the city coverage rule (47 C.F.R. Section 73.315(a)). The commercial station's class must also remain unchanged from the authorized station class, as any change in classification would require a corresponding change to the Table of Allotments in 47 C.F.R. Section 73.202(b). For a noncommercial educational FM station to qualify for a decrease in ERP in a modification of license application, that station must still continue to provide 60
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-2568.html
  • Decrease in a commercial FM station's ERP. An FM station may decrease ERP via a license application where ALL OF THE FOLLOWING ARE TRUE. See 47 CFR Section 73.1690(c)(8). ______ i) An exhibit must be provided to demonstrate that the station will continue to maintain the 70 dBu contour over the community of license, as required by 47 CFR Section 73.315(a). The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 70 dBu contour in a license application. ______ ii) An exhibit must be provided to demonstrate that the station will maintain the 70 dBu
• http://transition.fcc.gov/mb/audio/decdoc/engrser.html
  • June 27, 1997 [ [108]PDF | [109]Word ]. NOTE: While a proposed allotment would reduce another station's listeners and advertisers, this does not bar creation of an allotment. February 2, 1997 Table of Allotments: Cloverdale, Montgomery, Warrior, AL MO&O, DA 97-332, 12 FCC Rcd 2090, released February 2, 1997 [ [110]PDF | [111]Word ]. NOTE: No waiver of 47 CFR 73.315(a) at the allotment stage; 100% city coverage needed for an allotment. September 27, 1996 Thunderbolt Broadcasting (WCDZ, Dresden, TN) Letter, released September 27, 1996 [ [112]PDF ]. NOTE: [113]Application for review denied April 1, 1998. August 31, 1993 Mass Media Bureau Offers Examples of the Treatment of Applications Filed Under the New 'One Step' Process Including Treatment of Conflicts Between
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • applications may resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in � 73.215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards, the minimum spacing requirements of � 73.207 and the city grade coverage requirements of � 73.315. This exhibit must include a site map or, in the alternative, a statement that the transmitter will be located on an existing tower. Examples of unsuitable allotment reference sites include those which are offshore, in a national or state park in which tower construction is prohibited, on an airport, or otherwise in an area which would necessarily present a hazard
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • applications may resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in � 73.215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards, the minimum spacing requirements of � 73.207 and the city grade coverage requirements of � 73.315. This exhibit must include a site map or, in the alternative, a statement that the transmitter will be located on an existing tower. Examples of unsuitable allotment reference sites include those which are offshore, in a national or state park in which tower construction is prohibited, on an airport, or otherwise in an area which would necessarily present a hazard
• 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
  • Report and Order, Dockets 16004 and 18052, 53 FCC 2d 855, 863 (1975). 49 Temporary Suspension of Certain Portions of Sections 73.313, 73.333, 73.684, and 73.699, FCC 75-1226, 56 FCC 2d 749(1975), stay extended indefinitely, 40 Rad. Reg. 2d 965 (1977). 50 We have accepted supplemental showings aimed at demonstrating compliance with the city coverage requirement in 47 C.F.R. � 73.315 and the main studio requirement in 47 C.F.R. � 73.1125, since there can be no interference created to other stations by such use. See Certain Minor Changes in Broadcast facilities Without a Construction Permit, Report and Order, MM Docket 96-58, 12 FCC Rcd 12371 at 12401-03. 15 A. Introduction 28. In this section we propose certain rule and policy changes
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da001260.doc
  • no replacement channel will be allotted at Comobabi. 5. Channel 276C can be allotted to Florence at the petitioner's requested site located 46.8 kilometers (29.1 miles) southeast of the community at coordinates 32-48-45 NL and 110-57-30 WL, consistent with the domestic minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, as well as the technical requirements of Section 73.315. However, Mexican concurrence must be obtained for Channel 276C at Florence as a specially negotiated, restricted allotment towards vacant Channel 276B, Cananea, Sonora, Mexico. Additionally, Channel *289A can be substituted for Channel *275A at Comobabi without a site restriction at reference coordinates 32-03-29 NL and 111-47-58 WL. However, in the event Channel *289A is substituted at Comobabi, Mexican concurrence must
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da002017.doc
  • Station KABR, which is Alamo Community's only other local aural service. It states that the allotment of Channel 298A will enable it to provide reliable fulltime service to the community. 3. We are unable to locate center city coordinates for Alamo Community in order to determine whether the proposed allotment would comply with the signal coverage requirements contained in Section 73.315 of the Commission's Rules. Therefore, we also request that petitioner provide, in its comments, the center city coordinates of Alamo Community and a study showing that the proposed allotment would provide a 70 dBu signal over the entire community. Based on the reference coordinates specified by petitioner, it appears that Channel 298A can be allotted to Alamo Community in compliance
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • field values where the relative field values are taken from at least 36 evenly spaced radials for the entire 360 degrees of azimuth. The application for license must also demonstrate that coverage of the community of license by the 70 dBu contour is maintained for stations authorized pursuant to Sec. 73.215 on Channels 221 through 300, as required by Sec. 73.315(a), while noncommercial educational stations operating on Channels 201 through 220 must show that the 60 dBu contour covers at least a portion of the community of license. * * * * * 5. Section 73.1030 is amended by revising subsection (a) as follows: � 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. (a)(1) Radio astronomy and radio
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991444.doc
  • I, SPR filed comments objecting to the Channel 221A proposal for St. Maries, which conflicted with SPR's application to upgrade its facilities on Channel 220C2. SPR also suggested that Channel 278A could be allotted at St. Maries in compliance with the minimum distance separations requirements of Rule Section 73.207(b) as well as with city grade coverage requirements of Rule Section 73.315(a) As mentioned above, this alternative proposal to allot Channel 278A to St. Maries in lieu of Channel 221A conflicts with WCC's application for Channel 278C1. . In responding to SPR's opposition, Pentacle acknowledged that SPR's alternate proposal to allot Channel 278A at St. Maries in lieu of Channel 221A, hypothetically, would meet the Commission's engineering criteria. It contends, however, that
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • not diminish the material improvement these measures will bring to the FM translator application process. See supra, n. 11. 20 See supra, � 6. No such requirement is necessary for commercial FM and AM stations because these stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. �� 73.24(i), 73.315(a). 21 As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. � 405; 47 C.F.R. �� 1.106, 73.3564, 73.3587. 6 of mutually exclusive or competing applications,18 and that
• 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
  • for Radio and Television and Radio Broadcast Stations, 2 FCC Rcd 3215 (1987) ("Main Studio and Program Origination Report and Order"). The principal community contour (5 mV/m for AM radio, 3.16 mV/m for FM radio and city-grade for TV) must encompass the entire community of license, but often extends beyond those limits in some directions. See 47 CFR �� 73.24(i), 73.315(a), 73.685. 5 See 2 FCC Rcd 3215 (1987). 6 The Commission's rules require stations to provide local or toll-free telephone service to their communities of license. See 47 C.F.R. �73.1125(c). 2 this proceeding and one opposition to the petitions for reconsideration.3 In response to these petitions for reconsideration, we take this opportunity to affirm, revise, or clarify certain of our
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000395.doc
  • distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. However, as compliance with the site restriction would require to transmitter for Channel 260C2 to be located near the outer limits for a Class C2 station, the Commission sought further engineering information from the petitioner to provide evidence that its proposal could comply with the requirements of Section 73.315 of the Commission's Rules. 3. Petitioner's comments reiterate its intention to apply for Channel 260C2 at Melba. In response to the Commission's request in the Notice for additional engineering showings, petitioner provided a predicted coverage map purportedly to demonstrate that based upon the use of a site at coordinates 43-08-30 NL and 116-51-30 WL, 70 dBu service would be provided
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000524.doc
  • allotment priority 4 triggered by a proposed ninth local service for Lufkin. Therefore, CBC contends that the allotment of Channel 261A provides a greater public interest benefit than allotment of Channel 261A at Lufkin. . Discussion. Our engineering staff has confirmed that Channel 232A at Corrigan will not provide that community with the requisite 70dBu signal as required by Section 73.315 of the Commission's Rules. Initially, we determined that Channel 232A could be allotted to Corrigan with a 15.9 km site restriction that would prevent any conflict with Station KQXY, Channel 231C1, Beaumont, Texas, and Station KVLL, Channel 234C2, Woodville, TX. However, based on a further technical review it appears that the required site restriction on Channel 232A does place it
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000539.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000539.txt
  • the Commission's Rules. However, compliance with the site restriction would require the transmitter for Channel 247C to be located near the outer limits for a Class C station. Moreover, due to intervening terrain obstructions a tower of 656 meters at 1,568 meters above ground level at the referenced site would be required to comply with the coverage requirements of Section 73.315 of the Commission's Rules. Therefore, the Commission sought further engineering information from the petitioner to provide evidence that its proposal could comply with the technical requirements of the Commission's rules. 3. Petitioner's comments reiterate its intention to apply for Channel 247C at Kuna. In response to the Commission's request in the Notice for additional engineering showings, petitioner provided a predicted
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000701.doc
  • application for a new radio station on reserved Channel 203A at Lanesboro and that the application (File No. BPED-980520MB) states that the proposed facilities comply with the Commission's Rules. Sparta-Tomah also alleges that the allotment of Channel 280A to Westby at the proposed reference coordinates would not provide a 70 dBu service to the entire community as required by Section 73.315 of the Rules and, therefore, that the allotment of Channel 280A to Westby must be rescinded. Sparta-Tomah argues that, at this point, the Commission must choose between the allotment of Channel 280A to Coon Valley, with Channel 203A being available at Lanesboro, or allotting Channel 280A to Lanesboro in addition to the likely use of Channel 203 there, leaving Coon
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000920.doc
  • matters. Priorities (2) and (3) are given co-equal weight. Although Voice suggested the use of an existing electronic site to accommodate Channel 237C1 at Teec Nos Pos, located 49.9 kilometers (31 miles) south of the community at coordinates 36-27-39 NL and 100-05-44, our engineering analysis has determined that use of that site would not comply with the requirements of Section 73.315 of the Commission's Rules to provide 70 dBu signal coverage over the entire community. Additionally, in determining compliance with the minimum distance separation requirements, if a new proposed allotment requires a site restriction, the Commission will endeavor to impose the least restrictive theoretical site from the intended city of license. See Fort Myers, Florida, 3 FCC Rcd 2671 (1988). It
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001108.doc
  • KTMO(FM). Furthermore, Kennett will continue to receive local aural service from four other radio stations, and there are no underserved areas in the loss area. Finally, no urbanized areas are involved in either proposal. Channel 255C can be allotted to Munford, Tennessee, consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 41.2 kilometers (25.6 miles) northeast of the community. Additionally, consistent with the minimum distance separation requirements of Section 73.207(b), Channel 254A can be allotted to Friars Point, Mississippi, at a site 4.2 kilometers (2.6 miles) north of the community. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r)
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001146.doc
  • its proposal to reallot Channel 236C from Winslow to Camp Verde, opting instead to provide a first local service to Sun City West or Mayer, Arizona. 4. With regard to Sun City West, petitioner initially specified a site located 71.0 km north of the community at coordinates 34-16-35 NL and 112-07-30 WL, from which it alleges the requirement of Section 73.315 of the Commission's Rules to provide a 70 dBu signal over the entire community could be met, based on the standard prediction method of Section 73.313. Petitioner states that from that site, the proposed 60 dBu signal could provide service to 1,534,453 persons compared to the current Class C coverage from Winslow covering 127,723 persons, resulting in a net gain
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001159.doc
  • Douglas, and that Channel 281A is available for allotment at Guernsey. Therefore, since interest has been expressed in channels at these communities, we will allot these three channels and avoid any comparison of the proposals. Channel 223C1 can be allotted at Douglas consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's requested site 27.8 kilometers (17.3 miles) east of the community. Channel 265A can be allotted to Douglas and Channel 240A can be allotted at Guernsey consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without site restrictions. Accordingly, pursuant to
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001312.doc
  • 224C1, Ocracoke, NC, may not be an impediment to the use of Channel 221A at Aurora because there is a pending proceeding on whether to grant an extension of time to construct the station. In this regard, CMC contends that there were patent technical defects in WAHL's application, i.e., failure to comply with the minimum principal-city coverage requirements of Section 73.315 and possible misrepresentations of fact regarding site availability. Lastly, CMC argues that a population difference of 370 is not a meaningful basis to distinguish between allotment proposals. CMC contends that the Trenton proposal would make the most efficient use of the spectrum by maximizing service to the largest population and the largest geographic area. . Opposition. In opposition, AB argues
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001322.doc
  • and Rules Division Mass Media Bureau The counterproposal was not placed on Public Notice. Specifically, an engineering analysis revealed that the allotment of Channel 299C3 at Pacific Junction at the reference coordinates specified (41-08-33 North Latitude and 95-33-39 West Longitude) meets all spacing requirements. However, it does not satisfy the city grade (70 dBu contour) coverage criteria required in Section 73.315(a) of the Commission's Rules. Therefore, the proposal is technically defective and will be dismissed. The coordinates for Channel 299A at Pacific Junction are 41-03-25 North Latitude and 95-46-50 West Longitude. (continued....) Federal Communications Commission DA 00-1322 Federal Communications Commission DA 00-1322 0M @& � [ \ � � � ` � � � � � � � � � �
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001577.doc
  • Wamsutter, and that Channel 265A is available for allotment at Bairoil. Therefore, since interest has been expressed in channels at these communities, we will allot these three channels and avoid any comparison of the proposals. Channel 261C can be allotted at Wamsutter consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at a site 23.4 kilometers (14.6 miles) west of the community. Channel 266A can be allotted to Wamsutter and Channel 265A can be allotted at Bairoil consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without site restrictions. Accordingly, pursuant to the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001688.doc
  • We believe that both communities are deserving of an allotment. A staff engineering analysis of these communities shows that Channel 222C1 can be allotted to Kaycee and Channel 277C2 is available for allotment at Basin. Channel 222C1 can be allotted at Kaycee consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at a site 38.9 kilometers (24.2 miles) southwest of the community. Channel 277C2 can be allotted at Basin consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without a site restriction. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g)
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001740.doc
  • communities are deserving of an allotment. A staff engineering analysis of these communities shows that both Channel 271C and Channel 277A can be allotted to Hanna and Channel 277A is available for allotment at Baggs. Channel 271C can be allotted at Hanna consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at a site 55.7 kilometers (34.6 miles) west of the community. Channel 277A can be allotted at Hanna, and Channel 277A can be allotted at Baggs consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without site restrictions. Accordingly, pursuant to the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001754.doc
  • Therefore, since interest has been expressed in channels at these communities, we will allot these three channels and avoid any comparison of the proposals. 4. Channels 290C and 244A can be allotted to Shoshoni and Channel 231A can be allotted to Dubois consistent with the minimum distance separations requirements of Section 73.207(a) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules. 5. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective September 18, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS AMENDED for
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001896.doc
  • will allot both channels and avoid any comparison of the proposals. Thus, Channel 273C will be allotted at Meeteetse and Channel 244C3 will be allotted at Cody. Channel 273C can be allotted at Meeteetse and Channel 244C3 can be allotted at Cody consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules without site restrictions. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective October 2, 2000, the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, IS
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001902.doc
  • site is not within the boundaries of the military base itself. We will take petitioner's representations that its site was proposed in good faith and will not address the issue further. Channel 280A can be allotted at Edwards at petitioner's requested site consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules with a site restriction of 9.2 kilometers (5.7 miles) southeast of the community. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective October 2, 2000, the FM
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001960.doc
  • and Hershey. 3. Based on the record before us, we find that the public interest would be served by allotting Channel 238A to Burnsville, West Virginia, as that community's first local aural transmission service. Channel 238A can be allotted to Burnsville in compliance with the minimum distance separations requirements of Section 73.207(a) and the principal community coverage requirements of Sections 73.315(a) of the Commission's Rules. The site proposed by Hershey for Channel 238A at Burnsville is located 2.1 kilometers northeast of the center city site for Burnsville in order to protect the license and application for Channel 238C (Station WQHY) at Prestonburg, Kentucky. 4. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002019.doc
  • and the reservation of that channel for noncommercial use. For the reasons discussed below, we deny the Petition for Reconsideration. 2. Our action returning Texas International's Petition for Rule Making was premised upon two factors. First, Texas International's proposal was unacceptable because its proposed facilities would not provide a 70 dBu signal to all of Laredo as required by Section 73.315 of the Commission's Rules. Second, it appeared that all of the noncommercial educational channels in the reserved portion of the FM band (Channels 201 through 220) were precluded from use at Laredo by other existing FM allotments. A more recent engineering review reveals that all but seven of the reserved noncommercial educational channels are precluded by domestic facilities or allotments.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002064.doc
  • as a first local aural transmission service and we will substitute Channel 296A for Channel 296B1 at Point Arena and reallot Channel 296A to Cloverdale as its first competitive service. Our engineering analysis shows that Channel 274A can be allotted at Cloverdale consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules with a site restriction of 7.5 kilometers (4.7 miles) south of the community. Channel 296A can be allotted at Cloverdale consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at Point's requested site 0.8 kilometers (0.5 miles) south of the community. Accordingly,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002148.doc
  • There is no proposed change of transmitter site and thus no reception area service loss or gain study is required regarding this proposal. Station KXXQ does not provide a 70dBu signal to any Urbanized Area. Channel 264A can be allotted at Milan consistent with the minimum distance separation requirements of Section 73.207(b) and the principal community coverage requirements of Section 73.315(a) of the Commission's Rules at petitioner's licensed site 5.7 kilometers (3.6 miles) south of the community. Accordingly, pursuant to the authority contained in Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the Communications Act of 1934, as amended, and Sections 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective November 6, 2000, the FM Table
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  • In doing so, the staff denied a conflicting proposal filed by Henderson, permittee of Station KHEN, Channel 236A, Caldwell, Texas, proposing a modification of his construction permit to specify operation on Channel 236C2. That decision was based on two grounds. First, the Henderson upgrade would not provide the requisite 70 dBu signal to any of Caldwell in contravention of Section 73.315(a) of the Commission's Rules. The subsequent engineering submissions by Henderson purporting to demonstrate that his upgrade proposal would cover 96% of Caldwell were untimely and in any event did not demonstrate that his upgrade proposal would cover 96% of Caldwell. Second, the Bryan Broadcasting proposal would comply with Section 73.315(a) of the Rules and we determined that the proposal complying
• 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
  • able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. � 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. � 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at 14,876 (1998). The principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(i), the 3.16 mV/m for FM
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00153.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00153.txt
  • air navigation facilities. In its engineering review, our staff concurred with the engineering exhibits submitted by MJB stating that there is no area in which a transmitter for Mt. Juliet could be located which would satisfy the FAA concerns regarding EMI to air navigation and enable Station WNPL to provide 70 dBu service to Mt. Juliet as required by Section 73.315(a) of the Rules. The staff also determined that there were no other FM channels available to Mt. Juliet. As such, the staff concluded that under these circumstances, a Channel 294A allotment at Belle Meade would be preferable to the existing allotment at Mt. Juliet. In the Memorandum Opinion and Order in this proceeding, the staff denied the Cromwell Group Petition
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00169.doc
  • not accept Rogers' counterproposal. There were three reasons for that action. First, the staff found that Rogers' counterproposal is short-spaced to the licensed site of Station WZLQ, Channel 253C1, Tupelo, Mississippi. Second, using the Commission's standard methodology for predicting signal coverage, Rogers' counterproposal did not provide a 70 dBu contour over the entire community of Florence, as required by Section 73.315(a) of the Commission's Rules. Third, the Report and Order found that Rogers' use of actual terrain factors to demonstrate coverage of Florence was unacceptable. The Memorandum Opinion and Order denied a Petition for Reconsideration filed by Rogers directed to the Report and Order. 3. Application for Review. In his Application for Review, Rogers sets forth two arguments. First, he contends
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  • second-adjacent channel FM translator stations protecting non-reserved band Class B1 and B stations, respectively. 2. Minimum Community of License Coverage Background. Unlike their commercial counterparts, NCE FM stations are not required under our rules to provide a minimum field strength signal over their principal community. In the Notice, we proposed to revise our rules to delete the Note in Section 73.315(a) and require each NCE FM station to provide 60 dBu (1 mV/m) service to at least a portion of its community of license. We requested comment on minimum population and coverage area requirements. This proposal reflects our determination that a radio station cannot adequately serve its community of license unless it places a listenable and protected signal over at least
• http://www.fcc.gov/DiversityFAC/040614/FMRadioWhitePaper.doc
  • by interference considerations, relocation is sometimes precluded only by the community of license rule. There are two solutions to this dilemma: First, the Commission could extend its noncommercial FM community of license rule to commercial FM broadcasting. Commercial FM stations must cover 80% of the land or population of their community of license with their 70 dbu signals. 47 C.F.R. �73.315(a). On the other hand, noncommercial FM stations must cover only 50% of the land or population of their community of license with just their 60 dbu signals. 47 C.F.R. �73.515. On its face, the 70 dbu commercial FM signal requirement is irrational - no one but a communications consulting engineer can hear the difference between a signal received at the
• http://www.fcc.gov/DiversityFAC/041004/FMRadioWhitePaper.doc
  • by interference considerations, relocation is sometimes precluded only by the community of license rule. There are two solutions to this dilemma: First, the Commission could extend its noncommercial FM community of license rule to commercial FM broadcasting. Commercial FM stations must cover 80% of the land or population of their community of license with their 70 dbu signals. 47 C.F.R. �73.315(a). On the other hand, noncommercial FM stations must cover only 50% of the land or population of their community of license with just their 60 dbu signals. 47 C.F.R. �73.515. On its face, the 70 dbu commercial FM signal requirement is irrational - no one but a communications consulting engineer can hear the difference between a signal received at the
• http://www.fcc.gov/Forms/Form301/301.pdf
  • by or reserved for authorized facilities), the proposed allotment or assignment site must be specified using NAD27 coordinates. Allotment or assignment sites must comply with the requirements in Section 73.203 (b), and/or 73.3573(g) (Including that it must be fully spaced under Section 73.207, and must provide 70 dBu coverage to 100 percent of the community of license pursuant to Section 73.315). If the application is not proposing a new or modified allotment or a modified assignment, the applicant should check "Not Applicable." Item 5: Antenna Structure Registration Number. The Antenna Structure Registration number should be entered here. Most towers greater than 61 meters (200 feet) in height, or those located near airports require antenna registration numbers. See Section 17.4. If the
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • 340 for any change in polarization. See 47 C.F.R. Section 73.1690(a)(6). mTo replace a directional FM antenna, where: (1) the measured composite directional antenna pattern does not exceed the licensed composite directional pattern at any azimuth; (2) there will be no change in effective radiated power ("ERP"); (3) compliance with the principal community coverage requirements mandated by 47 C.F.R. Section 73.315, will be maintained, and (4) the radiation center height of the new antenna is not more than two meters above nor four meters below the authorized value. See 47 C.F.R.. Section 73.1690(c)(2). mIn certain circumstances, to increase the vertically polarized ERP of a nondirectional station operating in the non-reserved band (Channels 221-300, 93.1 MHz - 107.9 MHz) to equal the
• http://www.fcc.gov/Forms/Form340/340.pdf
  • as the communities situated on such lands. The daytime principal community contour for noncommercial educational FM stations in the reserved band (Channels 200 � 220) is that set forth in 47 C.F.R. Section 73.515. The daytime principal community contour for noncommercial educational FM stations in the non-reserved band (Channels 221 and above) is that set forth in 47 C.F.R. Section 73.315. Applicants answering "Yes" must provide an exhibit setting forth: (a) the tribal identity/identities of the applicant or applicant entity/entities; (b) (1) a map showing that at least 50 percent of the area within the proposed station's principal community contour is over that Tribe's Tribal Lands but does not cover 50 percent or more of a non-applicant Tribe's Tribal Lands; or
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  • that they will remain well served by five or more aural services. The petitioner filed reply comments opposing Big City's counterproposal but subsequently withdrew these reply comments in the joint motion for leave to file an amendment. Generally, these reply comments argued that the allotment of Channel 245A at Murrieta, as suggested by the counterproposal, would be defective under Section 73.315(a) of the Rules because the channel would not provide city grade coverage to 100% of the community of Murrieta. Second, Jones argued that the first local service at Murrieta should be preferred over the first local service at Desert Hot Springs because Murrieta (pop. 44,282) has a larger population than Desert Hot Springs (pop. 16,582) under the 2000 Census. Third,
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  • time and were no longer subject to additional competing applications. With the waiver, these ``Appendix D Applicants'' could either pursue a settlement agreement or file supplements to claim points under the new NCE comparative criteria.) See also infra note 19. See Streamlining of Radio Technical Rules, 15 FCC Rcd 21649, 21670 (2000) (``Technical Streamlining Order'') (deleting the Note to Section 73.315(a) which exempted NCE FM stations operating on reserved channels 200 through 220 from providing a 70 dBu signal over the entire community of license and, inter alia, adding new Section 73.515, requiring every NCE FM station to provide a 60 dBu signal to at least 50 percent of its community of license or 50 percent of the population within the
• http://www.fcc.gov/fcc-bin/audio/DA-06-1174A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1174A1.pdf
  • relitigate the Mason reallotment in this application proceeding. The Mason Report and Order is final, and issues regarding the propriety of reallotting WOXY(FM) from Oxford to Mason will not be collaterally examined by the staff here. Additionally, to the extent Beer challenges the Application's compliance with the Commission's core technical rules, we reject those contentions. The Application complies with Section 73.315(a) of the Commission's Rules. Finally, to the extent Beer challenges First Broadcasting's intention to serve the residents of Mason, Ohio, the Commission does not presume that applicants proposing suburbs of large cities as their communities of license do not intend to serve the needs and interests of those communities. Recognizing that an applicant might have an incentive to seek a
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  • a Low Power Radio Service, Report & Order, 15 FCC Rcd 2205, 2219 (2000) (``Report and Order''). In recognition of the small areas served by LPFM stations, the Commission also exempted LPFM stations from the requirement that a minimum field strength of 70 dB� (3.16 mV/m) be provided over the entire principal community to be served. See 47 C.F.R. �� 73.315, 73.801. Columbus has a geographic land area of 225.9 square miles. See http://www.columbusinfobase.org/areas/cityof.asp Report and Order, 15 FCC Rcd at 2219. Neither will we entertain waiver requests based on a showing that the headquarters location or principals' residences are within the proposed station's predicted coverage area utilizing either the standard prediction methodology of 47 C.F.R. � 73.313 or alternative prediction
• http://www.fcc.gov/fcc-bin/audio/DA-08-1475A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1475A1.pdf
  • of Commerce, 1967. See 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649, 21652 (2000) (``Streamlining Order''). See Petition at 3, Engineering Statement at 1-2, Exhibit 7. Petition at 2 (citing Letter to Mark Lipp (Aug. 8, 2002)). See 47 C.F.R. � 73.315(a). (A station's 70 dBu ``principal community'' contour must encompass its city of license. The referenced letter did not grant the requested waiver.). Greater Media Radio Co., Inc. Memorandum Opinion and Order, 15 FCC Rcd 7090 (1999) (``Greater Media''). R&S Media, Memorandum Opinion and Order and Order to Show Cause, 19 FCC Rcd 6300 (MB 2004) (``R&S Media''). 47 C.F.R. �
• http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.pdf
  • ``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 of allotments
• http://www.fcc.gov/fcc-bin/audio/DA-09-526A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-526A1.pdf
  • 1157 (D.C. Cir. 1969) (``WAIT Radio''). Greater Media Radio Co., Inc., Memorandum Opinion and Order, 15 FCC Rcd 7090 (1999) (citing Stoner Broadcasting System, Inc., Memorandum Opinion and Order, 49 FCC2d 1011, 1012 (1974)) (``Greater Media''). Northwest Cellular Telephone Co. v. F.C.C., 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio, 418 F.2d at 1157). See 47 C.F.R. � 73.315. Community Communications Corp., Hearing Designation Order, 5 FCC Rcd 3413 (MMB 1990) (Section 73.315 waived due to size of Indianapolis, Indiana); Northland Broadcasters, A Limited Partnership, Hearing Designation Order, 4 FCC Rcd 6508 (MMB 1989) (due to rugged terrain, coverage of all of Anchorage, Alaska was not possible); George S. Flinn, Jr., Hearing Designation Order, 5 FCC Rcd (MMB 1990)
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  • of pleadings. For the reasons set forth below, we deny the Petition, dismiss its Supplement, deny the Objection, dismiss its two Supplements, and grant the License Application. Background. In the Minor Change Application, New Life proposed to relocate the Station's transmitter site and change its technical facilities. The Minor Change Application certified that the proposed facilities would comply with Section 73.315 of the Commission's Rules (the ``Rules''), which requires that an FM station place at least a 70 dB� (3.16 mV/m) strength signal to its entire community of license. It also provided a technical exhibit purporting to show provision of a 70 dB� signal to all of Cidra, Puerto Rico. In its pre-grant objection, JMR argued that the Licensee's Minor Change
• http://www.fcc.gov/fcc-bin/audio/DA-10-1760A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1760A1.pdf
  • 73.1125 (``Section 73.1125''). W&B filed a Supplement to Objection on September 30, 2004, and a Reply to Response on October 27, 2004. Skytower filed a Clarification on November 24, 2004. W&B filed a Reply on December 13, 2004. 47 U.S.C. �� 309(k), 503(b); 47 C.F.R. � 1.80. See 47 C.F.R. � 0.283. See Response at 9. See 47 C.F.R. �� 73.315(a), 73.1125. Opposition, Attachment 2. The studio locations are approximately 100 meters apart. The relocation to the 233 West Dixie Studio was directly toward Hardinsburg, Kentucky. Oppostion, Attachment 3. 47 C.F.R. � 73.313. Hardinsburg has only two stations, WULF(FM), a Class C2 station, and WXBC(FM), a Class A station. Section 73.1125 provides, in pertinent part, that an FM station's main studio
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  • Show Cause (``OSC'') to Dickenson County as to why its license for Station WDIC-FM should not be modified from Channel 221A to Channel 276A. In response to the OSC, Dickenson County argued that there was a major terrain obstruction between Coal Run and the proposed reference site that would preclude 70 dBu service to Coal Run in contravention of Section 73.315(b) of the Rules. 3. In the R&O, we agreed with Dickenson County that there was a major terrain obstruction 10.4 kilometers (6.5 miles) from the proposed transmitter and that it would be necessary to construct a tower of approximately 173 meters (568 feet) above ground level to achieve a height above average terrain (``HAAT'') of 224 meters (735 feet) to
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  • however, request an increase in power from 3 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
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  • and deny it in all other respects; we deny the License Objection; and we grant the License Application. Background. On January 7, 2009, the staff granted Dakota's application to change the Station's community of license from Huron to Milbank, South Dakota (the ``Community Change Application''). The Community Change Application proposed service to the entirety of Milbank, in accordance with Section 73.315 of the Commission's Rules (the ``Rules''). On June 2, 2009, Dakota filed the Modification Application, proposing to change the Station's location and technical facilities. The Modification Application disclosed that the proposed 70 dB� (3.16 mV/m) signal would cover 92.3 percent of the population and 83.3 percent of the land area of Milbank, South Dakota. n''), a former South Dakota state
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  • Order and Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 13204 (2010)(``NAL''). The Bureau also held that Licensee's supplemental coverage showing was acceptable; that Licensee did not misrepresent a material fact to the Commission; and that the acceptability of the supplemental coverage showing obviated the need for a waiver of Section 73.1125 of the Rules. See 47 C.F.R. �� 73.315(a), 73.1125. The studio locations are approximately 100 meters apart. The relocation to the 233 West Dixie Studio was directly toward Hardinsburg, Kentucky. NAL, 25 FCC Rcd at 13205. 47 C.F.R. � 73.313. Hardinsburg has only two stations, WULF(FM), a Class C2 station, and WXBC(FM), a Class A station. Section 73.1125 provides, in pertinent part, that an FM station's main studio
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  • station from Class C to C1 and change transmitter site. ith h (terrain roughness) values ranging from 39.7 to 45.0 meters. The application concludes that all of Topeka will be contained within the 70 dBu contour. In 1997, the Commission indicated that it was willing to consider supplemental showings in the context of coverage of the community of license (Section 73.315). The Commission established several guidelines for such analyses, which are as follows: an explanation of why use of a supplemental showing is warranted (e.g., very flat, very rough, or anomalous terrain), and a showing how the terrain departs widely from the average terrain assumed for the F(50,50) propagation curves in 47 C.F.R. Section 73.333 for FM stations (see 47 C.F.R.
• 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
  • able to operate translators more readily than their commercial counterparts because the restriction prohibiting a commercial station from operating a translator that extends the primary station's service area does not apply to NCE licensees. 47 C.F.R. � 74.1232. Unlike commercial stations, NCE FM stations are not required to provide a minimum field strength signal over their community. 47 C.F.R. � 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at 14,876 (1998). The principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(i), the 3.16 mV/m for FM
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: � 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see � 73.24(i)); FM Broadcast station - principal community contour (see � 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog TV and � 73.622(e) for DTV); ***** (3)*** AM broadcast station - principal community contour (see � 73.24(i)); FM broadcast station - principal community contour (see � 73.315(a)); *** Television broadcast station - television Grade B or equivalent contour (see � 73.683(a) for analog TV
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  • exclusive applications within this 30-day period. See 47 U.S.C. � 309(b); 47 C.F.R. �� 73.3573(3), 73.3580. 47 C.F.R. � 1.420(i). Amendment of the Commission's Rules Regarding 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) (``New Community MO&O''). 47 C.F.R. �� 73.207, 73.315(a). At this stage of the proceeding, the Commission also requests concurrence by the Canadian or Mexican governments if required to do so. Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15928 (1998) (``Broadcast First Report and Order''). See also 47
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  • 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) ***** (9) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's
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  • For the reasons set forth below, we affirm grant of the Modification Application, and deny the Application for Review. II. BACKGROUND On May 1, 2001, the Media Bureau (the ``Bureau'') granted the Modification Application without written decision. Appellants timely filed a Petition for Reconsideration, asserting that the Applicant's proposal did not satisfy the signal coverage requirement set forth in Section 73.315(a) of the Rules. The Applicant had explained in its Modification Application that, using the Commission's standard contour prediction methodology, the transmitter at the proposed new site would not place the requisite 70 dBu signal over Garden City, the station's community of license. The Applicant claimed, however, that in the direction of Garden City, the terrain is particularly smooth and therefore
• http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-38A1.pdf
  • address unmet needs for community-oriented radio broadcasting. . . .''). See also LPFM Report and Order, 15 FCC Rcd at 2208 (``Our goal in creating a new LPFM service is to create a class of radio stations designed to serve very localized communities or underrepresented groups within communities''). LPFM stations are also exempt from the city coverage requirements of Section 73.315(a). See 47 C.F.R. � 73.801. LPFM Report and Order, 15 FCC Rcd at 2216, para. 25. ), the urban redevelopment agency serving the city of Coeur d'Alene, was established by the Coeur d'Alene City Council and provides some evidence that Coeur d'Alene identifies with ``Lake City.'' Furthermore, the city contains Lake City Junior Academy, a private middle school, and Lake
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • � 73.1690(c)(9) varchar(1) to change the license status from commercial to noncommercial or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/88-235.pdf
  • derlyingrelaxationofthemainstudiorulebypermitting ClassAFMstations"toachieveefficiencieswhilestill servingtheirmarkets.41 35.DTCaskstheCommissiontorevisethelocation standardfornoncommercialeducationalFMstationsto permitthesestationstolocatetheirstudiosanywhere withintheir60dbucontours,ratherthanthe70dbu contourapplicabletosuchstationsunderthenewrule.�42 DTCasserts,inthealternative,thatiftheCommissionis unwillingtoacceptthis60dbucontourforthemore powerfulstations,itshouldatleastallowsmallClassA noncommercialeducationalFMstationstolocatetheir mainstudiowithinthe60dbucontour.DTCassertsthat thepresentruleisnotsufficientlyflexibletopermitsmall noncommercialeducationalFMstationstobenefitfrom relaxationofthemainstudiolocationrule.Furthermore DTCnotesthatthedifferencebetweenastation's70dbu contourandits60dbucontouris"relativelyminor,"43and "shouldnotresultintheremotestudiolocationsepara- FCC88-235 tionswhichtheCommissionfeared."44Finally,DTCreasons thatthisflexibilitywillnotoffendtheCommission's goalsbecausenoncommercialeducationalstations,which derivetheirfundingfromcommunitydonations,cannot ignoretheircommunityserviceroles. 36.Analysis.Petitionershavenotpersuadedustoalter ourpreviousdeterminationthattheuseoftheprincipal communitycontourasthemainstudiolocationstandard forallbroadcaststationsstrikestheappropriatebalance. 37.IntheReportandOrder,werecognizedthatthe principalcommunitycontourstandardwouldaffordsome licenseesgreaterflexibilitythanothers.Weadoptedthat contourstandard,nevertheless,becauseitsusebestbalances ourobjectives.AswenotedintheReportand Order, itwillpermitco-locationofthemainstudioand transmitterinallcases,whileatthesametimeensuring thatthemainstudioislocatedintheprimaryreception areaofthestation.45Petitionersmaybecorrectinasserting that,intheirparticularcases,theycouldoperatetheir mainstudiosbeyondtheprincipalcommunitycontour standardandstillmeettheirlocalserviceobligations. However,thisdoesnotalterourdeterminationthatthe balancewehavestruckisappropriateinmostcases.Ifthe rulecreatesinequitiesinparticularsituations.theappropriate recourse,ratherthanmodifyingtheruletofitparticular facts,isforthestationtoseekawaiver.The"good cause"waiverstandardisretainedintheamendedrule.46 38.Insum,allstations,absentwaiverorexception,will continuetoberequiredtolocatetheirmainstudioswithin theprincipalcommunitycontour. E.ClarificationofthePrincipalCommunityContour Standard 39.Thefinalissueraisedbythepetitionersiswhether clarificationoftheprincipalcommunitycontourstandard, asusedintheamendedmainstudiolocationrule,is necessary. 40.InitsReportandOrder,theCommissionstatedthat theprincipalcommunitycontoursforAM,FMandtelevi- sionbroadcaststationsarefoundinSections73.24(j), 73.315(a)and73.685(a),respectively.TheCommission notedthatthedaytimecontourrequirementofSection 73.24(j)willbeapplicabletoAMstations,andthecontour inSection73.315(a)willbeapplicabletononcommercial educationalFMstations.' 41.NABaskstheCommissiontodefinetheprincipal communitycontourstandardwithgreaterprecisionby clarifyingwhetherthemainstudiomustbelocatedwithin astation'sactualoritspredictedprincipalcommunityor "citygrade"contour.NABnotesthatastation'sactual contourmaybefartherfromthestation'stransmitterthan itspredictedcontour,orviceversa.Inclarifyingthedefinition, NABurgestheCommissiontopermitlicenseesto choosethecontour,eitheractualorpredicted,whichgives themthegreaterflexibilityinlocatingtheirmainstudio. NABassertsthatthiswouldbeconsistentwiththeCommission's decisiontoamendthemainstudiolocationrule toaccordlicenseesgreaterflexibilityinlocatingtheirmain studios. 42.Analysis.InresponsetoNAB'srequest,weclarify belowthedefinitionofprincipalcommunitycontourasit appliesinouramendedmainstudiorule. 43.TheCommission'srulesprovidethattheprincipal community("citygrade")contouristhecontourthat encompassestheminimumfieldstrengthastationisre- FederalCommunicationsCommissionRecord 3FCCRcdNo.17 quiredtoplaceoveritscommunityoflicense.Everystation intheAM,commercialFM,andtelevisionbroadcast servicesisrequiredtodemonstratecompliancewitha minimumfieldstrengthrequirementinitsinitialconstruction permitapplicationorapplicationforchangeinfacilities affectingthatcontour.48Generally,stationsplotonlya predictedfieldstrengthcontour,determinedinaccordance withourrules,todemonstratecompliance.Forthesestations, thispredictedcontouristheapplicableprincipal communitycontourunderourrules. 44.ForAMstations,itispossibletoestablishaprinci- palcommunitycontourbasedonactual,ratherthanpredicted fieldstrength.49IfalicenseeofanAMstationuses actualfieldstrengthtoestablishthestation'scommunity contourinitsinitialconstructionpermitapplicationor applicationforchangeoffacilities,acontourbasedon actualmeasurementsisthestation'sapplicablecontour underourrules.UnlikeAMservice,thereisnomethod forlocatingaprincipalcommunitycontourbyactualmeasurements forFMortelevisionservices�Thustheprincipal communitycontourforFM(commercialand noncommercialeducational)andtelevisionstationsis basedonthepredictedfieldstrengthinallcases.51 45.SinceaprincipalcommunitycontourforAMstations canbedefinedbyactualorpredictedfieldstrength, alicenseeofanAMstationmaylocateitsmainstudio withinacontourestablishedbyeitheractualorpredicted measurements.IfanAMlicenseeusedapredictedcontour initsinitialconstructionpermitapplication,butwishesto relyonactualmeasurementsinrelocatingamainstudio undertheamendedrule,thelicenseemustcomplywith Section73.186ofourrules.Sincethereisnomethodfor locatingaprincipalcommunitycontourbasedonactual measurementsforFM(commercialandnoncommercial
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-300.pdf
  • 4.Initsapplicationforreview.Fairbankscontendsthat theBureaumisinterpretedSection73.318oftheCommis- sion'sRules(FMblanketinginterference).Fairbankssub- mitsthatitproperlyallegedthatthesignalofStation WMJX(FM)wascausingblanketinginterferencetorecep- tionofStationWVBF(FM).Thus,accordingtoFairbanks. becausetheblanketingrulerequiresthatlicenseesmust satisfyallcomplaintsofblanketinginterferencereceived withinoneyearofthecommencementofprogramtests, theBureaushouldhaveorderedGreaterBostontomove itstransmitterabsentresolutionofFairbanks'complaint. Alternatively,Fairbankscontendsthatahearingshouldbe commencedtodeterminetheexistenceorextentofblan- ketinginterference.Fairbanksconcedes,however,thatlis- tenershadnotcomplainedaboutaninabilitytoreceive WVBF(FM).3 equipmentnotsubjecttoprotectionaremeanttomakeclear thattheruleisdesignedtoprotectlistenersofFMradioand viewersoftelevision,nototherlicenseesorpermittees. 2"RITOIEoccurswhenstrongsignalsfromtwostationsinter- actwithinareceivertogenerateasignalonathirdfrequency. Thisreceiver-generatedsignalwilldisruptreceptionofany stationoperatingonthisthirdfrequency."WKLY,Inc.,6FCC Rcd225,228n.2(1991). 3FairbanksalsoarguesthattheBureauerredby:l)basingits denialofFairbanks'complaintsonGreaterBoston'scompliance withthetechnicalstandardsrequiredbySection73.317ofthe FCC93-300 DISCUSSION 5.Initially,weagreewiththeBureauthattheinterfer- enceallegedbyFairbankswasRITOIE,notblanketing.4Indeed,indocumentssubmittedbyFairbanksinconjunction withitsMarch19,1987,"PetitionforRelief,"Fairbanks acknowledgedthattheallegedinterferencecomplainedof wasRITOIE.Thus,theBureauproperlydeterminedthat theblanketingruledidnotaffordFairbanksanyprotec- tion.Inanyevent,becausetherewerenolistenercom- plaints,thereisnobasisforoverturningthegrantof GreaterBoston'slicenseevenifRITOIE-basedservicedis- ruptionstoWVBF(FM)hadoccurred.SeeWKLX,Inc.,6 FCCRcdat226.Inshort,whatevertheoreticalconcern Fairbanks hadabout interference to listeners to WVBF(FM)duetoWMJX(FM)'srelocation,thereisno indicationthatanylisteneractuallycomplainedabouta reducedabilityoraninabilitytoreceiveanyFMortelevi- sionstationfollowingtheWMJX(FM)move.Accordingly, therewerenocomplaintswithinthemeaningoftheblanketing ruleforGreaterBostontosatisfy. 6.Accordingly,ITISORDEREDthattheApplication forReviewfiledbyFairbanksonNovember16,1987,IS DENIED. FEDERALCOMMUNICATIONSCOMMISSION DonnaR.Searcy Secretary CONCLUSION Commission'sRules:and2)notresolvingtheapparentconflict betweentheadmonitioninSection73.315oftheCommission's Rulesthatlicenseeslocatetheirantennassoastoachieveappro- priatecitycoverage,andSection73.318'sadmonitiontolocate FederalCommunicationsCommissionRecord 8FCCRcd.No.13 theirantennassoastoavoidblanketinginterference.Inlightof ourdispositionofFairbanks'applicationforreview,itisunnec- essarytoreachthesearguments. Ifinterferencehadbeencausedbyblanketing"otherlicensees andindividualsprobablywouldhavecomplained.Otherthan Fairbanks,nosuchcomplaintsoccurred.
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-301.pdf
  • ingly.theChief.FMBranch,inaletterdatedNovember 16.1989.askedNIU/REBFtoprovideanamendmentdem- onstratingthatitwasfinanciallyqualified.Initsresponse datedDecember5,1989,NIU/REBFnotedthattheinquiry wasbaseduponan"erroneousfactualassumption"namely, thatNIU/REBFhadindicatedthatitwasdependent"on a FederalmatchinggrantfromthePublicTelecommunica- tionsFacilitiesProgramoftheNationalTelecommunica- tionsandInformationAdministration(NTIA)."Tothe contrary,NIU/REBFstatedthattheapplicantwasnotde- pendentonanunfundedPTFPgranttoconstructand operateitsfacilityandthatithadsostatedinitsapplica- tion.Furthermore,inresponsetoOpenMedia'sinstant petition,NIUreiteratedthatNIU/REBFhasbeenfinan- ciallyqualifiedatalltimes.andhastherequisitefundsto constructandoperateafacilityonChannel213without revenue.independentofanyPTFPfunding.OpenMedia's attemptstochallengeNIU/REBF'sfinancialqualifications- andtochargeNIU/REBFwithmisrepresentingfactsby referringtoNIU/REBF'sapplicationsforfundingfrom PTFP.andallegingthattheseactionsareinconsistentwith theNIU/REBFaffirmationofbeingfinanciallyqualified, donotraisespecificallegationsoffactwarrantingfurther inquiry.Anapplicationfiledwithusspecifyingthatitdoes notdependuponNTIA/PTFPfundingdoesnotpreclude andisnotinconsistentwithaseparateapplicationtoNTIA foraPTFPgrantthatmayincludeequipmentandfacilities inadditiontothefacilitiesspecifiedinitsFCCapplication. NIU/REBFaversthatsuchisthecasehere. 13.Asinitsapplicationforreviewchallengingthedis- missalofitsapplication,OpenMediaallegesthatgrantof NIU/REBF'sapplicationviolatedSection307(b)ofthe CommunicationsActof1934,asamended.Asnotedin paras.5-9.supra,thedispositivefactsarethatOpenMedia failedtodemonstrateitsentitlementtoawaiverofSection 73.509(a)oftheCommission'sRulesandthuswasnot qualifiedforcomparativeconsideration.Accordingly,we againaffirmthestaffrulingthatabsentacceptanceand designation,OpenMediawasnotentitledtoahearingon establishedthatwhereanexparteviolationisasingleincident, whichisnotrepeatedanddoesnotcauseprejudice,itdoesnot raiseasubstantialandmaterialquestionoffactwarranting furtherinquiry. 8FCCRcd.No.13 thecomparativeSection307(b)ramificationsofitspro- posal.Furthermore,OpenMedia'sallegationthatNIU's proposalinaseparateproceedingtoco-locateaChannel 202operationwiththeexistingChannel207facilityli- censedtoNorthernIllinoisUniversity(WNIU-FM)violates theCommission'smultipleownershiprulesandisgermane tothisproceedingissimplywrong.Section73.3555(f) (Multipleownership)oftheCommission'sRulesexempts NCE-FMstationsfromthestricturesofourmultipleown- ershiprules. 14.OpenMediafurtherallegesthatNIU/REBFdoesnot puta1mV/msignaloveramajorityofRockford,itspro- posedcommunityoflicenseandthereforethatinquiryis warrantedastowhetherNIU/REBFhasfalselystatedits communityoflicense.Werejectthiscontention.Thenote toSection73.315(FMTransmitterlocation)oftheCom- mission'sRulesexemptsNCE-FMstationsoperatingon reservedchannels(Channels200-220)fromthecity-grade requirementsofSection73.315.Accordingly,therequested investigationisnotwarranted. 15.Finally,OpenMediaclaimsthatgrantofthe NIU/REBFapplicationforChannel213wouldbecontrary toSections73.3517,73.3518and73.3520oftheCommis- sion'sRulesbecauseNIUandREBFhaveeachalready filedapplicationsforNCE-FMstationstoserveRockford onChannel202.'Thiscontentionisrejected.Theparties haveenteredintoanagreementofunderstanding,thepur- poseofwhichistodeterminewhichfrequencyeachwould obtain.NIU/REBFhaveexplainedthatthepurposeoftheir jointapplicationforChannel213wastoresolvethemu- tualexclusivitybetweentheirrespectiveapplicationsfor Channel202.Pursuanttotheagreement,shouldthejoint applicationforChannel213passacut-offlistunopposed, REBFwouldwithdrawfromthatjointapplicant.andNIU wouldrequestthedismissalofitsapplicationforChannel 202.a 16.Asnoted,Section73.3555(f)oftheCommission's Rulesprovidesthatthemultipleownershiprulesdonot applytoNCE-FMstations.Accordingly,itisclearthat bothNIUandREBFmayeachhavemorethanone noncommercialeducationalstationintheRockfordmar- ket.WithrespecttotheallegedviolationofSection73.3517 oftheCommission'sRules,therearenocontingentap- plications.IfeitherNIUorREBFhadfiledindividually forChannel213,theapplicationcouldhavebeengranted. TheonlyreasonthatneithertheNIUnorREBFapplica- tionforChannel202couldhavebeengrantedwasbecause theyweremutuallyexclusivewithoneanotherforthat channel.Thus.thereisnoviolationofSection73.3517. Furthermore,thepurposeofSection73.3518"istoavoid thewasteofCommissionresources,prejudicetoother TheAdministrativeLawJudgedismissedNIU'sapplication andgrantedREBF'sapplicationforChannel202byMemoran- dumOpinionandOrder,FCC90M-3525,releasedNovember6, 1990.However.aconstructionpermitforthefacilitywasnot issueduntilJuly29,1991.OnJune17,1991,REBFfiledan applicationtoassigntheconstructionpermittoFaithAcademy d/b/aWFEN.TheassignmentapplicationwasgrantedonOcto- ber2,1991,andthetransactionwasconsummatedonOctober 8,1991. , AlthoughOpenMedia'stimelyfiledapplicationcreated doubtaboutbringingNIUandREBF'splantofruition,the FederalCommunicationsCommissionRecord FCC93-301 applicants,anddelayofservicewhichariseswhenthe Commissionmustprocessapplicationsbythesameperson orentity."ValleyBroadcastingCo..58RR2d945, 948(1985)Itisdesignedtopreventthefilingofmultiple applications"notallofwhichcanbegranted."Id.Since wehavebeforeusNCE-FMapplications,allofwhichmay begranted,Section73.3518issimplyinapplicable.Noris thereanyviolationofSection73.3520ofourRules.Rule 73.3520ispremisedontherebeingalimittothenumber ofstationswhichmaybeownedbyanyonelicenseeinthe samecommunity.However.sincethemultipleownership
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-311.pdf
  • merelysuggestedthatwaiversof47C.F.R.��73.211and 72.315mightbesoughtintheapplicationscontext.More- over,nowaiverofSection72.211wasultimatelygranted. MalriteRadio&Television,Inc.fromtheChief,AudioServices Division,MassMediaBureau("Malrite"),June11,,1987(reference 8920-AED). 5Thus.Crain'sargumentthat"terrainanomalies"intheKeys rendertheCommission'spropagationcurvesunreliablecarries noweighthere. FCC93-311 Again,thereisnoindicationthatWWUS'coverageofBig PineKeyisinadequate.andCraindoesnotdemonstrate thatanysuchwaivergrantswererealizedpursuanttoany permitapplication.6 11. Crain'sproposalwouldbeextremelydisruptiveto theFMallotmentscheme.Itistruethatinthiscasegrant ofCrain'sproposalwouldnothaveasignificantdirect adversepreclusionaryeffectvis-a-visnewallotmentsorfacilities changes.7However.Craindidnotaddresstheindirect preclusionaryeffectonnewallotmentsresulting fromchannelchangesamongexistingstations.Additionally .whileCrainpointsoutthatits34dBu"interfering" contourwouldextendnofurtherthanthatofaClassC stationoperatingwithmaximumfacilities,its60dBucoverage contourwillextend17kmlessthanthatofafull ClassCstation;itscoveragecontourthuswillextendto only81%ofthatofaClassCstationoperatingwith maximumpowerandheightaccordingtotheRules.We believeittobeaninefficientutilizationofspectrumto permitCraintocreateasmuchinterferencepotentialasa ClassCstationwithacoveragecontourwhichextendsonly 81%asfar.8WealsonotethatCrain'sproposalofextremely highpoweratarelativelylowantennaheightwill greatlyincreasetheriskofblanketinginterference.See47 C.F.R.�73.318. t2.Finally.approvaloftherequestedpowerlevelwould treatWWUSdifferentlythanothersimilarlysituatedapplicants .See,e.g.,MelodyMusic,Inc.v.FCC,245F.2d730 (D.C.Cir.1965).Inthisregard.threeformerClassC stations,WEON,WOZN,KeyWest.Florida.andWCTH wererecentlydowngradedtoClassC1,asrequiredbyBC Docket80-90.becausetheycouldnotachieveminimum ClassCfacilitiesincompliancewiththerules.Additionally .WCTH.alongwithtwootherClassC1stations,WAIL andWWFT.KeyWest.Florida.meetthespacingrequire- mentsforClassCfacilities.IfCrain'sproposalisgranted, thesestationscouldbeexpectedtoapply(afterappropriate rulemaking)forClassCfacilities,usingCrain'sgrantas precedenttoseekasimilarexemptionfromthepower limitationcomponentofourFMallocationscheme.This wouldineffectvitiatethatschemeinsouthernFloridaand setaprecedentforundercuttingtheallotmentprocessin analogouscircumstancesthroughouttheUnitedStates.The possibilitythatsomeClassCstationssuchasWWUSwould facedifficultiesinsecuringadequatesiteswasexpressly recognizedbytheCommissioninthecontextofBCDocket 80-90.Nevertheless,wespecificallynotedinprovidingfor downgradingthatsuchfacilitieswouldnotloseservicebut 6Infact,nowaiversofSection73.211wereultimatelygranted inthatproceeding,butratherablanketwaiverofSection73.315 wasgrantedtothoseapplicantsproposingtolocatetheirantennae ontheFireIslandLighthouse.WarrenPriceCommunications ,2FCCRed4201,4203(M.M.Bur.1987),erratum,2FCC Rcd4452(M.M.Bur.1987). 7TheFloridakeysaresowell-servedthatthereisnoroomfor new"drop-in"FMallotments,andthesestationsareadequately spacedsuchthatCrain'sproposalwouldappeartohaveno preclusionaryeffectvis-a-visfacilitieschanges. 8AClassC1stationoperatingwithfullfacilities(100kWat 300meters)willhaveapredictedservicecontouratadistance of72kmandapredictedco-channelinterferencecontourat172 km.RequiredspacingsbetweensuchaC1stationandother stationsarepredicated,inpart,onthesedistances.AClassC stationoperatingwithfullfacilities(100kWat600meters)will haveapredictedservicecontouratadistanceof92kmanda predictedco-channelinterferencecontourat198km.Conse- FederalCommunicationsCommissionRecord 4408 WilliamF.Caton ActingSecretary 8FCCRedNo.14 couldcontinuetoprovideservicetotheirexistingareas.49 Fed.Reg.10260,paragraphs9and15.TopermitWWUS toextenditsauthorizedcoveragecontoursor,alternatively, allowretentionofClassCstatus.9despitetheCommission's BCDocket80-90determinationwouldamounttosanctioning the"warehousing"ofspectrum.Sucharesultwould, contrarytoCrain'sarguments.undermineCommission policy. 13.ACCORDINGLY,ITISORDERED,ThattheApplication forReview,filedJuly17,1989byCrainBroadcasting, Inc..ISDENIED. FEDERALCOMMUNICATIONSCOMMISSION quently,therequiredspacingsbetweensuchaClassCstation andotherstationsaresignificantlygreaterthanisthecasefor theClassC1station.Crain'sproposalforfacilitiesof620kWat 135meterswouldhaveapredictedservicecontourof74km andapredictedco-channelinterferencecontourat197km. GrantingWWUS'proposalwould,ineffect,applythelarge ClassCinter-stationspacings,whichwereadoptedinorderto protectClassCservicecontoursextendingtoasmuchas92 kilometers,incircumstanceswheresuchservicewouldnotbe providedandhasnoreasonableprospectforbeingestablished. 9AlthoughCrainarguesthatanalternativetoitsspecific proposal,suchasalesserpoweroradirectionalantenna.should havebeenconsideredbelow,Crainadvancednospecificproposal, andtoconsideraproposalnotadvancedbyanapplicant wouldcontraveneCommissionpractice.Thus,theBureauappropriately limiteditsconsiderationtothespecificproposal beforeit.SeePalmBayPublicRadio,Inc.,6FCCRcd1772, 1773n.7(1991).
• 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
  • predicted by the standard contour prediction method in 47 C.F.R. Section 73.313 (i.e., no supplemental contour prediction method) still continues to cover at least 80% of the area or population within the legal boundaries of the community of license, which under present policy corresponds to the minimum level necessary for substantial compliance with the city coverage rule (47 C.F.R. Section 73.315(a)). The commercial station's class must also remain unchanged from the authorized station class, as any change in classification would require a corresponding change to the Table of Allotments in 47 C.F.R. Section 73.202(b). For a noncommercial educational FM station to qualify for a decrease in ERP in a modification of license application, that station must still continue to provide 60
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  • must be submitted otherwise, the application will be returned without further consideration. Exhibits are required as noted. AUXILIARY ANTENNA APPLICANTS ARE NOT REQUIRED TO RESPOND TO ITEMS 13-16. PROCEED TO ITEM 17. 13.Allotment. The proposed facility complies with the allotment requirements of 47 CFR ( 73.203. 14.Community Coverage. 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 (
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da90-594.pdf
  • REV.J.BAZZELAND FileNo.BPH-870619MB ELIZABETHMULL d/b/aSEYMOUR COMMUNICATIONS (hereafter"Seymour") CARMEL FileNo.BPH-870625MJ COMMUNICATIONS LIMITED PARTNERSHIP (hereafter"Carmel") ForConstructionPermitfor NewFMStation,Channel242A,96.3MHz Seymour,Tennessee HEARINGDESIGNATIONORDER Adopted:April13,1990; Released:May17,1990 BytheChief,AudioServicesDivision: 1.TheCommissionhasbeforeittheabove-captioned mutuallyexclusiveapplicationsforanewFMstation.1 2.Carmel.InformationbeforetheCommissionindicates thatCarmelwasorganizedandisaffiliatedwithSonrise ManagementServices("Sonrise").Sonrisehasbeenthe subjectofnumerous"realparty-in-interest"issuesadded bypresidingAdministrativeLawJudgesinanumberof mutuallyexclusiveproceedings.Forexample,issuesconcerning Sonrisehavebeendesignatedineachofthefollowing proceedings: FederalCommunicationsCommissionRecord 5FCCRcdNo.10 Identical issues were specified in each ofthese proceedings:whetheror ofSonrisewasarealparty-in-interestinthesubjectapplicant,whetherornotthe applicant'sorganizationalstructurewasasham,andthe effectthereofontheapplicant'squalificationstobea Commissionlicensee.Ineachoftheproceedingslisted above,theSonrise-affiliatedapplicanthasdismissedits applicationratherthanresolvingtheseissues.These unresolvedissuescallintoquestionCarmel'squalification tobeaCommissionlicensee.Therefore,suchissueswill bespecifiedandtriedagainstCarmelinthisproceeding. 3.Carmelhasnotsubmittedadescriptioninnarrative formofproposedprogrammingrelatingtotheissuesof publicconcernfacingitsservicearea,pursuanttoSection IV,Form301.Accordingly,Carmelwillberequiredto filewithin30daysofthereleaseofthisOrderanarrative programmingstatementwiththepresidingAdministrative LawJudge,oranappropriateissuewillbespecifiedby theJudge. 4.Carmel'sapplicationindicatesthatitsproposal, whichisbasedontheprovisionsof47C.F.R.�73.313. willcoveronly68.3%oftheareawithinthelegalboundaries ofSeymour,Tennessee.Theapplicanthas,therefore, requestedawaiverof47C.F.R.�73.315(a).Theapplicant statesthatsubstantialcompliance(80%)isnotachievable duetoalargeridgeonthe180-degreeradial,between3 and16km,whichmustbeincludedpursuantto47 C.F.R.�73.313.(Wenotethattheactualheightabove averageterrainhasbeencomputedproperly.) 5.Asupplementalshowingtosupportthewaiverrequest hasbeenprovided.Thisshowingusesatruncated 180-degreeradialtoshowtheexpectedcoverage,which willencompass82.2%ofthecommunityoflicense.This radial,extendingfrom3kmto10.5km(theedgeofthe communityinthatdirection)isusedtoshowthatthe70 dBucontourwillactuallyextendfurtherinthatdirection thanisnormallypredictedunder47C.F.R.�73.313.The applicantconcedesthatcoveragebeyondtheridgewillbe significantlyattenuated;however,thecityofSeymour doesnotextendbeyondtheridgeinthatdirection.Consequently, wefindthattheproposalwillplaceafield strengthof70dBuorgreateruptotheridge.Carmel's supplementalshowingforcitycoverageisaccepted,and theapplicationisfoundtobeinsubstantialcompliance withthecitycoverageprovisionsof47C.F.R.�73.315. Accordingly,itsrequestforwaiverofthissectionwillbe dismissedasmoot. 6.OtherMatters.Datasubmittedbytheapplicantsindicate therewouldbesignificantdifferenceinthesizeof theareasandpopulationswhichwouldreceiveservice fromtheproposals.Consequently,theareasandpopula- tionswhichwouldreceiveFMserviceof1mV/mor greaterintensity,togetherwiththeavailabilityofother primaryauralservicesinsuchareas,willbeconsidered underthestandardcomparativeissueforthepurposeof determiningwhetheracomparativepreferenceshouldaccrue toanyoftheapplicants. 7.Exceptasmaybeindicatedbyanyissuesspecified below,theapplicantsarequalifiedtoconstructandoperate asproposed.Sincetheproposalsaremutuallyexclusive, theymustbedesignatedforhearinginaconsolidated proceedingontheissuesspecifiedbelow. 8.Accordingly,ITISORDERED,That,pursuantto Section309(e)oftheCommunicationsActof1934,as amended,theapplicationsAREDESIGNATEDFOR City/State DocketNo. Solona,Florida 87-464 Rockledge,Florida 87-556 SilverSprings,Florida 88-119 EastRidge,Tennessee 88-122 DesMoines,Iowa 88-238 NagsHead,NorthCarolina 88-277 Tyler,Texas 88-280 Raleigh,NorthCarolina 88-306 Sedona,Arizona
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • Permissible transmissions. [208]TEXT [209]PDF 73.293 Use of FM multiplex subcarriers. [210]TEXT [211]PDF 73.295 FM subsidiary communications services. [ [212]Subcarriers / SCA ] [213]TEXT [214]PDF 73.297 FM stereophonic sound broadcasting. [215]TEXT [216]PDF 73.310 FM technical definitions. [217]TEXT [218]PDF 73.311 Field strength contours. [219]TEXT [220]PDF 73.312 Topographic data. [221]TEXT [222]PDF 73.313 Prediction of coverage. [223]TEXT [224]PDF 73.314 Field strength measurements. [225]TEXT [226]PDF 73.315 FM transmitter location. [227]TEXT [228]PDF 73.316 FM antenna systems. [229]TEXT [230]PDF 73.317 FM transmission system requirements. [231]TEXT [232]PDF 73.318 FM blanketing interference. [233]TEXT [234]PDF 73.319 FM multiplex subcarrier technical standards. [235]TEXT [236]PDF 73.322 FM stereophonic sound transmission standards. [237]TEXT [238]PDF 73.333 Engineering charts. [ [239]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [240]TEXT [241]PDF 73.501 Channels available
• http://www.fcc.gov/mb/audio/decdoc/engrser.html
  • June 27, 1997 [ [108]PDF | [109]Word ]. NOTE: While a proposed allotment would reduce another station's listeners and advertisers, this does not bar creation of an allotment. February 2, 1997 Table of Allotments: Cloverdale, Montgomery, Warrior, AL MO&O, DA 97-332, 12 FCC Rcd 2090, released February 2, 1997 [ [110]PDF | [111]Word ]. NOTE: No waiver of 47 CFR 73.315(a) at the allotment stage; 100% city coverage needed for an allotment. September 27, 1996 Thunderbolt Broadcasting (WCDZ, Dresden, TN) Letter, released September 27, 1996 [ [112]PDF ]. NOTE: [113]Application for review denied April 1, 1998. August 31, 1993 Mass Media Bureau Offers Examples of the Treatment of Applications Filed Under the New 'One Step' Process Including Treatment of Conflicts Between
• http://www.fcc.gov/mb/audio/includes/30-engrser.htm
  • June 27, 1997 [ [62]PDF | [63]Word ]. NOTE: While a proposed allotment would reduce another station's listeners and advertisers, this does not bar creation of an allotment. February 2, 1997 Table of Allotments: Cloverdale, Montgomery, Warrior, AL MO&O, DA 97-332, 12 FCC Rcd 2090, released February 2, 1997 [ [64]PDF | [65]Word ]. NOTE: No waiver of 47 CFR 73.315(a) at the allotment stage; 100% city coverage needed for an allotment. September 27, 1996 Thunderbolt Broadcasting (WCDZ, Dresden, TN) Letter, released September 27, 1996 [ [66]PDF ]. NOTE: [67]Application for review denied April 1, 1998. August 31, 1993 Mass Media Bureau Offers Examples of the Treatment of Applications Filed Under the New 'One Step' Process Including Treatment of Conflicts Between
• http://www.fcc.gov/mb/audio/includes/503-new-visitors.htm
  • seeking to change station allotments in the FM or TV Tables of Allotments (47 CFR Sections [85]73.202 [FM] or [86]73.606 and [87]73.622 [television]). For a proposed FM allotment, a petitioner generally must show that a site (latitude and longitude) exists that meets the minimum separation requirements in [88]73.207, while providing the required coverage over the proposed community of license (see [89]73.315). TV proposals generally must demonstrate that a site exists that would meet the requirements in Sections [90]73.610 and [91]73.623. Counterproposals filed by other entities may be considered. Initial petitions for rulemaking and related documents are available for viewing in the FCC's [92]Electronic Comment Filing System. If you know the docket number or the rulemaking number (RM), the [93]Quick ECFS/EDOCS Search
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • Permissible transmissions. [161]TEXT [162]PDF 73.293 Use of FM multiplex subcarriers. [163]TEXT [164]PDF 73.295 FM subsidiary communications services. [ [165]Subcarriers / SCA ] [166]TEXT [167]PDF 73.297 FM stereophonic sound broadcasting. [168]TEXT [169]PDF 73.310 FM technical definitions. [170]TEXT [171]PDF 73.311 Field strength contours. [172]TEXT [173]PDF 73.312 Topographic data. [174]TEXT [175]PDF 73.313 Prediction of coverage. [176]TEXT [177]PDF 73.314 Field strength measurements. [178]TEXT [179]PDF 73.315 FM transmitter location. [180]TEXT [181]PDF 73.316 FM antenna systems. [182]TEXT [183]PDF 73.317 FM transmission system requirements. [184]TEXT [185]PDF 73.318 FM blanketing interference. [186]TEXT [187]PDF 73.319 FM multiplex subcarrier technical standards. [188]TEXT [189]PDF 73.322 FM stereophonic sound transmission standards. [190]TEXT [191]PDF 73.333 Engineering charts. [ [192]Propagation Curves ] Subpart C -- Noncommercial Educational FM Broadcast Stations [193]TEXT [194]PDF 73.501 Channels available
• http://www.fcc.gov/mb/audio/new-visitors.html
  • seeking to change station allotments in the FM or TV Tables of Allotments (47 CFR Sections [126]73.202 [FM] or [127]73.606 and [128]73.622 [television]). For a proposed FM allotment, a petitioner generally must show that a site (latitude and longitude) exists that meets the minimum separation requirements in [129]73.207, while providing the required coverage over the proposed community of license (see [130]73.315). TV proposals generally must demonstrate that a site exists that would meet the requirements in Sections [131]73.610 and [132]73.623. Counterproposals filed by other entities may be considered. Initial petitions for rulemaking and related documents are available for viewing in the FCC's [133]Electronic Comment Filing System. If you know the docket number or the rulemaking number (RM), the [134]Quick ECFS/EDOCS Search
• http://www.fcc.gov/ogc/documents/opinions/2000/97-9141.doc http://www.fcc.gov/ogc/documents/opinions/2000/97-9141.html
  • U.S. 141, 153-54 (1983). The FCC has exercised its rule-making power to extensively regulate the technologies involved in FM broadcasting. See, e.g., 47 C.F.R. �� 73.201-73.333 (1998). These rules govern, among other things, the power and height of antennas, see id. � 73.211, the use of common antenna sites, see id. � 73.239, and FM transmitter locations, see id. � 73.315. Most significantly, the FCC regulates "FM blanketing interference," which is the sort of interference complained of by the Homeowners. See id. � 73.318. The FCC first defines the area assumed to be blanketed by radio emissions as a function of the effective radiated power of the antenna. Notably, the FCC imposes a requirement that licensees remedy the RF interference occurring