FCC Web Documents citing 73.207

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

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Is this application being filed pursuant to � 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
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  • indicated and deny it in all other respects 2. Our action returning Forum's Petition for Rule Making was premised upon the fact that Forum's proposal to reallot Channel 265A from Otsego to Allegan and to modify Station WQXC(FM)'s license to specify operation on Channel 265A at Allegan did not comply with our spacing requirements for allotments set forth in Section 73.207 of the Commission's Rules that became effective on October 2, 1989. Forum's Petition for Reconsideration of the foregoing action explains that the short-spacing that would exist as a result of the reallotment of Channel 265A to Allegan had existed since 1981 and was therefore ``grandfathered'' pursuant to Section 73.213(c) of the Commission's Rules. In Fremont and Holton, Michigan, 14 FCC
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  • demonstration that a first fulltime service would be provided at the latter community. Pursuant to Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest or require that the petitioner demonstrate the availability of an additional channel at Craig. 9. Channel 251C can be allotted to Craig consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at the petitioner's selected site located 49.6 kilometers (30.8 miles) southwest of the community at coordinates 40-20-35 NL and 108-04-56 WL. 10. Accordingly, we seek comments 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
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  • would provide the community with its third FM channel 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
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  • in an area of 175 square kilometers would lose service.. As such, the net gain in service would be 37,157 persons. These calculations were in substantial agreement with the calculations set forth by Galesburg Broadcasting in its Comments. 4. In its Petition for Reconsideration, Galesburg Broadcasting argues, for the first time, that the minimum spacing requirements set forth in Section 73.207(b) of the Rules affords a Class B1 station operating at maximum facilities protection to its 57dBu contour. Since the 57 dBu contour extends further than the 60 dBu contour, the proposed Class B1 upgrade for Station WLSR would provide service to a greater population and area than that which was indicated in the Report and Order. In comparison, a Class
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  • ``Operation with the facilities specified herein is subject to 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
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  • Arizona, seeking 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
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  • proposal, was filed pursuant to the provisions of Section 1.420(i) of the Commission's Rules, to allot Channel 261C1 from Incline Village to Dayton. Both are incorporated community located outside the Reno Urbanized Area. As the distance between Incline Village and the petitioner's specified site at Dayton is 52.7 kilometers, whereas a distance of 224 kilometers is required pursuant to Section 73.207(b)(1) of the Commission's Rules, the petitioner's proposal is mutually exclusive with its existing authorization. 3. The Notice also announced our preliminary belief that the reallotment would result in a preferential arrangement of allotments consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1992) as it could provide Dayton with its first local aural transmission service,
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  • Therefore, we have determined that the unavailability of any channel within the noncommercial educational band in this case is due primarily to the presence of domestic allotments, and would not merit the reservation on a commercial channel for noncommercial educational use at Indio. Channel 238A can be allotted at Indian Wells 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 6 kilometers (3.7 miles) east 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
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  • Desert West Air Ranchers for Station KCDX to specify operation on Channel 276C in lieu of Channel 276C1 at Florence. 4. Channel 276C can be allotted to Florence at the petitioner's specified site located 46.8 kilometers (29.1 miles) southeast of the community at coordinates 32-48-45 NL and 110-57-30 WL, in conformity with the domestic minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules. As Florence is located within 320 kilometers (199 miles) of the U.S.-Mexico border, Mexican concurrence has been requested for Channel 276C at Florence, as a specially negotiated, restricted allotment towards vacant Channel 276B, Cananea, Sonora, Mexico. As final notification approval has not been received from the Mexican government, operation of Station KCDX with the facilities specified
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  • license, he states that the actual Station KAZC signal is described as excellent. Tyler does disagree that a short-spacing to Station KNTU, Channel 201C1, Denton, Texas, prevents Station KAZC from locating its transmitter closer to Tishomingo. He believes that Chisholm Trail's study is based on the mileage separation requirements for stations operating in the non-reserved portion of the band (Section 73.207) instead of the contour protection standards (Section 73.509) which are applicable to stations operating within the reserved portion of the band. When correctly computed, Tyler states that Station's KAZC's transmitter could be located in downtown Tishomingo, as evidenced by the showing contained in the station's construction permit application. However, Tyler says that Station KAZC chose to locate on an existing
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  • Petition for Reconsideration. In either context, Ocean Communications is afforded an opportunity to refute the substance of International Broadcasting argument. In regard to the substance of the argument, we undertook our own engineering review of this matter. Rincon is located at the western edge of Puerto Rico. In order to comply with the minimum spacing requirements set forth in Section 73.207(b) of the Rules, the proposed reference site must be located 26.6 kilometers (16.5 miles) west of Rincon. The only island upon which the transmitter could be located is Desecheo Island. The Desecheo National Wildlife Refuge covers all of Descheo Island. On the basis of our own engineering review, there is no site on land that could accommodate a transmitter site
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  • our analysis is based on the petitioner's showing that the reallotment of Channel 279C3 to Arcade will result in a preferential arrangement of allotments. Arcade will be provided with its first local aural service and Royston will not be left unserved. 5. Channel 279C3 can be allotted to Arcade consistent with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules, utilizing the petitioner's desired transmitter site located 21 kilometers (13 miles) north of the community at coordinates 34-15-09 NL; 83-28-28 WL. 6. 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
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  • band at McKinleyville. Since Channel 277C3 is also available 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
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  • second, third and fourth aural services. In addition all 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
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  • petitioner. No other comments were received. 2. In light of the expressions of interest in providing a first local FM transmission service to Young Harris, Georgia, we will allot Channel 236A to that community, as requested. 3. As stated in the Notice, Channel 236A can be allotted to Young Harris in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, utilizing city reference coordinates at 34-56-00 NL and 83-50-54 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 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective June 22, 2001, the FM Table of
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  • channel, if allotted. No other comments were received. 2. In light of the expressions of interest in providing a first local aural transmission service to Patterson, Georgia, we will allot Channel 296A to that community, as requested. 3. As stated in the Notice, Channel 296A can be allotted to Patterson in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter therefor is located at least 2.9 kilometers (1.8 miles) east of the community at coordinates 31-23-12 NL and 82-06-18 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 0.61, 0.204(b) and 0.283 of the Commission's
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  • allotted to 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)
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  • headquarters, 445 Twelfth Street, S.W., Washington, D. C. In Newnan and Peachtree City, Georgia, the Commission reallotted Channel 244A from Newnan to Peachtree City and modified the license of Station WJKJ to specify Peachtree City as the new Community of license. Station WJKJ was a grandfathered pre-1964 station that did not meet the current spacing requirements set forth in Section 73.207 of the rules. The proposal did not involve any change in technical facilities. In Kileen and Cedar Park, Texas, the Commission reallotted pre-1964 Station KLNC from Killeen, Texas, to Cedar Park, Texas, with no site or facility change. Station KLNC remained short-spaced to pre-1964 grandfathered Station KLBJ with short-spacings to stations at Dublin, Port Lavaca and Haltom City, which operate
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  • and Order, 13 FCC Rcd at 15989. Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � � � $ � � 2� � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i
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  • community to have its first local aural broadcast radio service, 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
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  • (1997), and cases cited therein. A staff analysis confirms that there will be a theoretical gain and loss of service with the reallotment of Station KIXK and that the loss area currently receives five or more aural services. 4. Channel 257C2 can be allotted to White Oak, Texas, in compliance with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules at Reynolds requested site provided changes are made at Lufkin, Corrigan, Mount Enterprise and Pineland, Texas, and Zwolle, Louisiana. 5. To accommodate the allotment at White Oak, we shall substitute Channel 261C2 for Channel 257C2 at Lufkin, Texas, and modify the license for Station KUEZ accordingly. The licensee for Station KUEZ has consented to the channel
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  • serve the public interest because they will allow Station 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
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  • such time 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
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  • allotted to the community. 2. We believe the proposal warrants consideration because the proposed allotment would provide a first local service to the community of Waitsburg, Washington. In support of his proposal, Bruton states that an allotment at Waitsburg is in the public interest and has provided an engineering report showing that the allotment meets the spacing requirements of Section 73.207 of the Commission's Rules. According to Bruton, the community of Waitsburg, located in Walla Walla County, is listed in the 1990 U.S. Census with a population of 990 people. A staff engineering analysis indicates that Channel 272A can be allotted to Waitsburg, Washington, consistent with the minimum distance separation requirements of the Commission's Rules provided there is a site restriction
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  • communities are communities for allotment purposes. We note that 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
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  • reallotment. We seek comment on these issues. With respect to the reallotment of Channel 243B from Hamilton to Lebanon and the modification of Station WYGY(FM), they note that no technical changes to the facility are proposed. They thus claim that the proposal is fully spaced based on Section 73.213(a) of the Commission's Rules regarding ``pre-1964'' grandfathered short-spaced stations under Section 73.207 of the rules. We seek comment on this issue. Channel 247A can be allotted at Fort Thomas at petitioner's requested site 14.7 kilometers (9.1 miles) north of Fort Thomas. Channel 243B can be reallotted from Hamilton to Lebanon at Station WYGY(FM)'s existing site 13.9 kilometers (8.6 miles) southwest of the community. FCC Contact: Victoria McCauley (202) 418-2180. Comments, reply comments,
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  • already there. Cf. East Los Angeles, Long Beach and Frazier Park, California, 10 FCC Rcd 2864 (1995). Additionally, the Notice pointed out that Station WOGH(FM) is a pre-1964 grandfathered station with short-spacings to pre-1964 grandfathered Station WCRF-FM, Cleveland, Ohio and pre-1989 grandfathered Station WANB-FM, Waynesburg, Pennsylania. We recognize that we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM Stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. See Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992),
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  • established herein that the reallotment of Channel 224C to Dolan Springs will result in a preferential arrangement of allotments. Dolan Springs will be provided with its second local aural transmission service and Kingman will not be left unserved. 5. Channel 224C can be allotted to Dolan Springs, Arizona, in conformity with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules, utilizing the city reference, as specified by the petitioner, at coordinates 35-35-31 NL and 114-16-21 WL. 6. 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 August
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  • channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 292A to George West, Texas, since it could provide the community with an additional local FM transmission service. A staff engineering analysis has determined that Channel 292A can be allotted to George West consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 12.7 kilometers (7.9 miles) west of the community at coordinates 28-20-33 NL and 98-14-45 WL. Additionally, as George West, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 292A at that community will be required.
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  • the allotment. 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
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  • Georgia, 7 FCC Rcd 6307 (1992) (``Newnan''), we made a limited exception to this policy. There, we reallotted Channel 244A from Newnan to Peachtree City, Georgia, and modified the license of Station WMKJ(FM) accordingly. Station WMKJ was a pre-1964 ``grandfathered'' facility under Section 73.213 of the Commission's Rules and did not meet the current spacing requirements set forth in Section 73.207(b) of the rules. The proposal in Newnan did not involve any change in the technical facilities of Station WMKJ. In taking that action, we recognized that we were creating a new short-spaced allotment in contravention of Section 73.207(b) of the Rules. Our rationale for that action was that ``grandfathered'' FM stations were in compliance with the Rules when authorized and
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 297A to Goldthwaite, Texas, since it could provide a first local aural transmission service at that community. A staff engineering analysis has determined that Channel 297A can be allotted to Goldthwaite consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 14.4 kilometers (9.0 miles) west of the community, utilizing coordinates 31-28-29 NL and 98-43-11 WL. Additionally, as Goldthwaite is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 297A at that community will be required. 3. Accordingly,
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  • which permits pre-1964 grandfathered short-spaced stations to change their community of license when no change in transmitter is proposed. In regard to this proposal, the Notice requested comments as to whether this policy should be extended to pre-1964 stations that have subsequently modified their facilities but still do not comply with the minimum separation standards now set forth in Section 73.207(b) of the Rules. All parties filing Comments or Reply Comments supported the continuation of the Newnan and Peachtree policy. 3. Southern Broadcasting filed its proposal pursuant to Section 1.420(i) of the Rules which permits the modification of a station authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest.
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 224A to Comanche, Texas, since it could provide an additional local FM transmission service at that community. A staff engineering analysis has determined that Channel 224A can be allotted to Comanche consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 6.4 kilometers (4.0 miles) west of the community, utilizing coordinates 31-52-55 NL and 98-40-06 WL. 3. Accordingly, we seek comments 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
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  • 222A if it is allotted to Hugo, as requested. 2. In view of the interest expressed in providing a first local aural transmission service to Hugo, Colorado, we will allot Channel 222A to that community, as requested. 3. As stated in the Notice, Channel 222A can be allotted to Hugo in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules without a site restriction, utilizing city reference coordinates 39-08-10 NL and 103-28-10 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 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective September 4, 2001 ,
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  • allotment of Channel 257C3 at Topeka and the accommodating 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
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  • provide coverage 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
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  • as that community's first local aural transmission service. Petitioner expressed its intention to apply for channel, if allotted. 2. We believe the proposal warrants consideration since the allotment of Channel 246A to Pittsburg could provide the community with its first local aural transmission service. Channel 246A can be allotted to Pittsburg consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing coordinates 45-02-25 NL and 71-21-17 WL. Pittsburg is located within 320 kilometers (200 miles) of the U.S.-Canadian border and the proposal herein will result in a short-spacing to the proposed allotment of Channel 247C1 at Thetford-Mines, Quebec, at coordinates 46-03-28 NL and 71-36-06 WL. Therefore, Canadian concurrence will be requested for proposed Channel 246A at
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  • as that community's first local aural transmission service. Petitioner expressed its intention to apply for channel, if allotted. 2. We believe the proposal warrants consideration since the allotment of Channel 240A to Sykesville could provide the community with its first local aural transmission service. Channel 240A can be allotted to Sykesville consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules without a site restriction, utilizing center city coordinates at 41-03-01 NL and 78-49-21 WL. Sykesville is located within 320 kilometers (200 miles) of the U.S.-Canadian border and therefore Canadian concurrence will be requested for the proposed allotment of Channel 240A at that community. 3. Accordingly, we seek comments on the proposed amendment to the FM Table
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 239C2 to Rule, Texas, since it could provide the community with its first local aural transmission service. A staff engineering analysis has determined that Channel 239C2 can be allotted to Rule consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 12.7 kilometers (7.9 miles) east of the community at coordinates 33-13-01 NL and 99-45-45 WL. 3. Accordingly, we seek comments 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
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 297A to Arriba, Colorado, since it could provide the community with its first local aural transmission service. A staff engineering analysis has determined that Channel 297A can be allotted to Arriba consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 2.4 kilometers (1.5 miles) southeast of the community at coordinates 39-16-05 NL and 103-15-38 WL, to avoid a short spacing to Station KSIR-FM, Channel 296C1, Brush, Colorado, at coordinates 40-16-24 NL and 104-06-16 WL. 3. Accordingly, we seek comments on the proposed amendment to the FM Table of Allotments,
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  • channel for general application. 6. Channel 242C3 can be substituted for Channel 231C3 at the restricted site proposed in the Report and Order, located 6.2 kilometers (3.9 miles) northeast of the community at coordinates 34-01-01 NL and 112-41-46 WL. The restricted site requires Circle S to relocate its transmitter for Station KSWG to comply with the technical requirements of Section 73.207(b) of the Commission's Rules. However, Circle S indicated previously in its proposal that it would agree to change sites to that specified earlier in this proceeding, or to a similar fully spaced site, as it would eliminate the need for a directional antenna system for Station KSWG. 7. As Wickenburg, is located within 320 kilometers (199 miles) of the U.S.-Mexico
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 266C3 to Weinert, Texas, since it could provide a first local aural transmission service at that community. A staff engineering analysis has determined that Channel 266C3 can be allotted to Weinert consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 13.8 kilometers (8.6 miles) south of the community, utilizing coordinates 33-12-15 NL and 99-37-35 WL. 3. Accordingly, we seek comments 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
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  • if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 288A to Freer, Texas, since it could provide a second local, and first competitive FM transmission service at that community. A staff engineering analysis has determined that Channel 288A can be allotted to Freer consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter is located at least 6.8 kilometers (4.2 miles) south of the community, utilizing coordinates 27-49-20 NL and 98-38-04 WL. Additionally, as Freer is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 288A at that community will be required. 3. Accordingly,
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  • for the Granby allotment. In this regard, the Audio Services Division can also determine whether such an amended application meets the Commission's basic engineering requirements such as providing adequate coverage of the city of license from its proposed transmitter site. 8. Channel 288A can be allotted to Granby, New York, in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing Galaxy's alternate site at the coordinates of 43-17-44 North Latitude and 76-26-16 West Longitude. Since the foregoing site is less restrictive than Galaxy's originally proposed site, we shall use the alternate site for the reference coordinates for the allotment of Channel 288A to Granby. We have received Canadian concurrence in this allotment. 9. Accordingly, pursuant
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  • Norwood would not allow for the maximization of service of a theoretical C1 facility due to the requirement for an extremly tall tower. Although petitioner advises that if its reallotment proposal is adopted, it intends to apply for Channel 285C1 at Norwood, specifying the existing KRYD site, in order to assure compliance with the minimum distance separation requirements of Section 73.207(b)(1), it has proposed a fully-spaced allotment reference site for Channel 285C1 as indicated above, which we are designating for purposes of this rule making proceeding. See Princeton and Elk River, Minnesota, 13 FCC Rcd 22806 (1998). Additionally, petitioner points out that its proposal will not be relocating Station KRYD from a rural to an urbanized area. 4. In consideration of
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  • station in 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
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  • site short-spaced to Station WCEN-FM pursuant to Section 73.215 of its Rules. Station WCEN-FM will continue to operate at its existing transmitter site. Therefore, there will be no new short-spacings created or existing short-spacings increased. See Killeen and Cedar Park, Texas, 15 FCC Rcd 1945 (2000). We recognize that we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM Stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. See Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992),
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  • becomes the permittee on the new channel. Negotiation for reimbursement is to be done privately between the parties, and only in the event of a dispute will the Commission be involved. In view of the above, we will allot Channel 251C1 at Madras, Oregon. Channel 251C1 can be allotted at Madras consistent with the minimum distance separation requirements of Section 73.207 of the Commission's Rules at a site 36.6 kilometers (22.7 miles) northeast of the community. To accommodate the allotment at Madras, we will substitute Channel 253C3 for Channel 252C3 at Bend, Oregon and modify the license for Station KTWS(FM) to reflect the channel change. Channel 253C3can be substituted for Channel 252C3 at Bend consistent with the Commission's Rules at Station
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  • Augustine to Neptune Beach. Therefore, in accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the license of Station WFKS(FM) to specify operation on Channel 250C2 at Neptune Beach, Florida. 7. As stated in the Notice, Channel 250C2 can be allotted to Neptune Beach, Florida, in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing Clear Channel's requested site at the coordinates of 30-16-53 North Latitude and 81-34-15 West Longitude. 8. 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 December
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  • to Sykesville, as requested. No other comments were received. 2. In view of the interest expressed in providing a first local aural transmission service to Sykesville, Pennsylvania, we will allot Channel 240A to that community, as requested. 3. As stated in the Notice, Channel 240A can be allotted to Sykesville, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at city reference coordinates 41-03-01 NL and 78-49-21 WL. Additionally, as Sykesville is located within 320 kilometers of the U.S.-Canadian border, Canadian concurrence has been requested, but not yet received, for Channel 240A at Sykesville. Rather than delay the opportunity to file an application for this allotment, we will allot Channel 240A at Sykesville at this
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  • requested. No other comments were received. 2. In view of the interest expressed in providing a first local aural transmission service to Pittsburg, New Hampshire, we will allot Channel 246A to that community, as requested. 3. As stated in the Notice, Channel 246A can be allotted to Pittsburg, New Hampshire, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at reference coordinates 45-02-25 NL and 71-21-17 WL. Additionally, as Pittsburg is located within 320 kilometers (200 miles) of the U.S.-Canadian border, and the requested allotment will result in a short-spacing to the proposed allotment of Channel 247C1 at Thetford-Mines, Quebec, Canadian concurrence has been requested, but not yet received, for Channel 246A as a specially-negotiated
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  • this light, 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,
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  • local civic associations (Factor 6). Technical Analysis. With respect to the reallotment of Channel 243B from Hamilton to Lebanon and the modification of Station WYGY(FM), there are no technical changes to the facility. We therefore agree with their claim that the proposal is fully spaced based on Section 73.213(a) of the Commission's Rules regarding ``pre-1964'' grandfathered short-spaced stations under Section 73.207 of the rules. With respect to the reallotment of Channel 247A from Lebanon to Fort Thomas, Infinity and Caron state that there will be a net gain of 46,000 persons in the gain area. Our analysis shows that approximately 60,000 persons will gain service and that both the loss and gain areas are well served with five or more services.
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  • apply for 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,
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  • to that locality, as requested. 5. BBA counterproposed the allotment of Channel 253A at Vail, for general application, thereby preserving Channel 252A at Nogales. In this regard, BBA asserts that by imposing a relatively minor site restriction on requested Channel 253A at Vail, Channel 252A may remain in Nogales consistent with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. Therefore, BBA urges the denial of DWAR's reallotment proposal and instead seeks the allotment of Channel 253A at Vail for general application, and stated its intention to apply for the channel if allotted as requested. We have discovered an alternate channel for allotment to Vail to accommodate BBA's expressed desire to provide a local FM service
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  • 7 FCC Rcd 2555 (1992). 8. In view of the above, and based on the interest expressed in providing a first local aural transmission service to Hornbrook, California, we will allot Channel 255A to that community, as requested. As indicated in the Notice, Channel 255A can be allotted to Hornbrook, California, consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter is located at least 3.7 kilometers (2.3 miles) southwest of the community, utilizing coordinates 41-53-06 NL and 122-35-03 WL, to avoid a short-spacing to Station KAGO-FM, Channel 258C1, Klamath Falls, Oregon. 9. 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,
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  • as it will provide a first local aural transmission service to the larger community of Lee's Summit. We believe that Joint Parties have made a sufficient showing that Lee's Summit is independent of the Kansas City, Missouri/Kansas Urbanized Area. Channel 247C1 can be allotted to Lee's Summit, Missouri, in compliance with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules at the requested site provided additional substitutions are made. The coordinates for Channel 247C1 at Lee's Summit are 39-04-20 and 94-35-45. 4. To accommodate the allotment at Lee's Summit, the following substitutions will be made. All of the respective licensees or permittees have consented to the substitutions and the Joint Parties have reached an agreement with
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  • from parties other than the licensee. Nevertheless, CCN is free to file a petition for rule making to add a channel to Mendocino in a new and different proceeding than this one, if it so desires. 4. As stated in the Notice, Channel 266A can be allotted to Mendocino, California, in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing Four Rivers' existing transmitter site at the coordinates of 39-20-33 North Latitude and 123-46-51 West Longitude. 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
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  • 3. We believe that the public interest would be served by proposing the deletion or substitution of the Channel 263A allotment at Macon, Mississippi, because it would permit Station WLXY to upgrade to a Class C1 allotment. A staff engineering review has determined that the proposed Channel 249A alternate allotment complies with the minimum separation requirements set forth in Section 73.207(b) of the Commission's Rules. 4. Accordingly, we seek comment on the proposed amendments to 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 Macon, Mississippi 263A -------- 5. The Commission's authority to institute rulemaking proceedings, showings required, cut-off procedures, and filing requirements are contained in
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  • at auction if the channel is allotted. We received 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
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  • Bridgeport, under Section 73.215 of the Rules, the separation between proposed Channel 252C, Bridgeport, and the Gatesville facility does not meet the allotment spacing requirements. Although North Texas states that Gatesville needs to be protected only in accordance with the contour requirements specified in Section 73.215 of the Commission's Rules instead of the minimum mileage separation requirements specified in Section 73.207 of the Rules, this is incorrect. See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments by Using Directional Antennas, MM Docket No. 87-121, 4 FCC Rcd 1681 (1989). This document clearly states that all proposals for channel allotments must meet the minimum distance separations of Section 73.207 of our Rules with respect to other
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  • for the channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 290A to Morenci, Arizona, since it could provide the community with its first local aural transmission service. A staff engineering analysis has determined that Channel 290A can be allotted to Morenci consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at city reference coordinates 33-04-42 NL and 109-21-53 WL. Additionally, as Morenci, Arizona, is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 290A at that community will be required. 3. Accordingly, we seek comments on the proposed amendment to the FM Table of
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  • covering 242 square kilometers, is likewise uninhabited. As petitioner's modification request is consistent with the provisions of Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest in the use of Channel 224C at Dolan Springs, Arizona. 5. Channel 224C can be allotted to Dolan Springs, Arizona, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing the Dolan Springs city reference, as specified by the petitioner, at coordinates 35-35-31 NL and 114-16-21 WL. 6. Accordingly, we seek comments 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 Kingman, Arizona 224C1,
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  • to Brilliant, Alabama, and modification of the Station WKXM-FM license to specify Brilliant as the community of license. Station WKXM-FM is currently short-spaced to Station WGTX, Channel 290C, Memphis, Tennessee, Station WJEC, Channel 293A, Vernon, Alabama, and Station WENN, Channel 290A, Trussville, Alabama. At the new transmitter site, Station WKXM-FM will comply with the spacing requirements set forth in Section 73.207 of the Rules and serve 4,074 more persons. This will provide Brilliant with a first local service while AM Station WKXM will continue to provide local service to Winfield. Ad-Media Management Corporation, licensee of Station WKXM-FM, has consented to the proposed change in community of license and transmitter relocation. Capstar and Jacor have agreed to reimburse the license for the
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  • petitioner states, and our Commission staff analysis confirms, that 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
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  • 254A allotment 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
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  • of Channel 260B from Kankakee, Illinois, to Park Forest, Illinois, and the modification of the Station WRZA(FM) license to specify Park Forest, Illinois, as the community of license. 1 Even though the petitioner did not propose a change in transmitter site, the NPRM observed that Station WRZA(FM) is not in compliance with the current spacing requirements set forth in Section 73.207 of the Rules. As such, the proposed Channel 260B allotment at Park Forest would be a short-spaced allotment in contravention of Section 73.207 of the Rules. However, the NPRM recognized that in Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992), we permitted such a reallotment of a pre-1964 ``grandfathered'' short-spaced allotment from Newnan to Peachtree City, Georgia. In
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  • to priorities (2) and (3).) See Revision of FM Allotment Policies 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
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  • for Station KQTN provided the petitioner successfully demonstrates that the proposal will result in a preferential arrangement of allotments. Pursuant to Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest in the use of Channel 250C at Deming. 7. Channel 250C can be allotted to Deming consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at the petitioner's specified site located 61.9 kilometers (38.4 miles) west of the community at coordinates 32-21-00 NL and 108-24-30 WL. As Deming is located within 320 kilometers (199 miles) of the U.S.-Mexico border, the Commission must obtain Mexican concurrence for Channel 250C at that community. 8. In view of the above, we seek comments on
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  • therefore, we need not compare the needs of the two communities. Therefore, as stated in the Notice, Channel 242C3 can be allotted to Wickenburg at a restricted site located 6.2 kilometers (3.9 miles) northeast of the community at coordinates 34-01-01 NL and 112-41-46 WL. Channel 246C3 can be allotted to Bagdad consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules with a site restriction 2.4 kilometers (1.5 miles) north of the community at coordinates 34-36-11 NL and 113-12-04 WL. 9. Also, based upon the interest Circle S expressed in providing a first local service at Aguila, we will also entertain the allotment of an FM channel there premised upon the information presented to demonstrate that Aguila
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  • Channel 271C2 at Montesano are 47-03-44 North Latitude and 123-44-44 West Longitude. The coordinates for Channel 257C1 at Elma are 46-57-31 North Latitude and 123-35-18 West Longitude. However, Black Hills Broadcasting, L.P. currently intends to continue operating Station KAYO-FM at its existing transmitter site pursuant to Section 73.215 of the Commission's Rules. Nevertheless, the allotment coordinates are fully-spaced under Section 73.207 of the Commission's Rules. Federal Communications Commission DA 01-928 Federal Communications Commission DA 01-928 �� �� x " & Z e " '
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  • channel, if allotted. 2. We believe the public interest would be served by proposing the allotment of Channel 222A to Hugo, Colorado (pop. 660), since it could provide the community with its first local aural transmission service. A staff engineering analysis has determined that Channel 222A can be allotted to Hugo consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at the city reference coordinates 39-08-10 NL and 103-28-10 WL. 3. Accordingly, we seek comments 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 Hugo, Colorado -- 222A 4. The Commission's authority to institute rule
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  • and Tuck showing if it so desires to provide an alternate basis for resolving this issue. 5. As an additional matter, Station WOGH(FM) is a pre-1964 grandfathered station with short-spacings to pre-1964 Station WCRF-FM, Cleveland, Ohio and pre-1989 Station WANB-FM, Waynesburg, Pennsylvania. We recognize that in proposing this action, we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. See Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992).
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  • Radio Vermont sugests an alternate channel. 3. We believe that the public interest would be served by allotting alternate Channel 295A to Brighton as a first local service. On the other hand, we deny the proposed Class 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
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  • it is hoped that operation on Channel 276A will cause no interference to TV Station WWBT's Channel 12 signal. Nevertheless, MainQuad asserts, Station WSMY-FM can not operate from that site on Channel 299A (for which MainQuad intends to apply if its change of community of community proposal is granted) because such operation would violate the Commission's spacing requirements under Section 73.207 of the Commission's Rules. 10. We believe that modifying Station WSMY-FM's license to operate on Channel 299A at Alberta, Virginia, would provide two significant public interest benefits. First, it would provide an immediate solution to retaining local radio transmission service at Alberta, Virginia, at MainQuad's present transmitter site, and avoid any delay in building a new Alberta station on Channel
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  • Station KSXY 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
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  • substantially complete when filed, FERN's counterproposal would still be dismissed as unacceptable for consideration. 5. We believe that the public interest would be served by the allotment of Channel 247C3 at Parker, Arizona, since it will provide a fourth local aural transmission service to that community. Channel 247C3 can be allotted to Parker, Arizona, consistent with the requirements of Sections 73.207(b)(1) and 73.315(a) of the Commission's Rules at coordinates 34-03-11 NL and 114-17-18 WL. This allotment requires a site restriction of 10.8 kilometers (6.7 miles) south of Parker. 6. 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
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  • Channel 285A from Fremont to Sunnyvale. Therefore, in accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the license of Station KCNL(FM) to specify operation on Channel 285A at Sunnyvale, California. 7. As stated in the Notice, Channel 285A can be allotted to Sunnyvale, California, in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing Chase's requested site at the coordinates of 37-18-41 North Latitude and 121-48-58 West Longitude. 8. 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 July 29,
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  • to Bearden, as requested. No other comments were received. 2. In view of the interest expressed in providing a first local aural transmission service to Bearden, Arkansas, we will allot Channel 224A to that community, as requested. 3. As stated in the Notice, Channel 224A can be allotted to Bearden, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at city reference coordinates 33-43-24 NL and 92-36-54 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 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective August 19, 2002, the FM Table of Allotments,
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  • to Benadives as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to Benadives Texas, we will allot Channel 282A to that community, as requested. 3. As stated in the Notice, Channel 282A can be allotted to Benadives in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site therefor is located at least 5.3 kilometers (3.3 miles) south of the community, utilizing reference coordinates 27-32-59 NL and 98-25-11 WL. Additionally, as Benadives is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 282A at that community has been
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  • to Freer, as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to Freer, Texas, we will allot Channel 288A to that community, as requested. 3. As stated in the Notice, Channel 288A can be allotted to Freer, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site therefor is located at least 6.8 kilometers (4.2 miles) south of the community, utilizing reference coordinates 27-49-20 NL and 98-38-04 WL. Additionally, as Freer is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 288A at that community has been
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  • to Ballinger as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to Ballinger Texas, we will allot Channel 238A to that community, as requested. 3. As stated in the Notice, Channel 238A can be allotted to Ballinger in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site therefor is located at least 12.8 kilometers (8.0 miles) southeast of the community, utilizing reference coordinates 31-38-03 NL and 99-53-13 WL. Additionally, as Ballinger is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 238A at that community has been
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  • to Eldorado, as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to Eldorado, Texas, we will allot Channel 293A to that community, as requested. 3. As stated in the Notice, Channel 293A can be allotted to Eldorado, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site therefor is located at least 1.3 kilometers (0.8 miles) southwest of the community, utilizing reference coordinates 30-51-14 NL and 100-36-43 WL. Additionally, as Eldorado is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 293A at that community has been
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  • as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to George West, Texas, we will allot Channel 292A to that community, as requested. 3. As stated in the Notice, Channel 292A can be allotted to George West, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at a restricted transmitter site located at least 12.7 kilometers (7.9 miles) west of the community, utilizing reference coordinates 28-20-33 NL and 98-14-45 WL. Additionally, as George West is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government to the proposed allotment of Channel 292A at that community has been
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  • to Grandin, as requested. No other comments were received. 2. In view of the interest expressed in providing a first local aural transmission service to Grandin, Missouri, we will allot Channel 283A to that community, as requested. 3. As stated in the Notice, Channel 283A can be allotted to Grandin, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules at city reference coordinates 36-49-45 NL and 90-49-22 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 0.61, 0.204(b) and 0.283 of the Commission's Rules, IT IS ORDERED, That effective August 19, 2002, the FM Table of Allotments,
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  • to Pawhuska, as requested. No other comments were received. 2. In view of the interest expressed in providing an additional local aural transmission service to Pawhuska Oklahoma, we will allot Channel 233A to that community, as requested. 3. As stated in the Notice, Channel 233A can be allotted to Pawhuska in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site therefor is located at least 11.7 kilometers north of the community, utilizing in this instance, reference coordinates 36-46-16 NL and 96-21-39 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 0.61, 0.204(b) and 0.283
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  • to Weinert, as requested. No other comments were received. 2. In view of the interest expressed in providing a first local aural transmission service to Weinert, Texas, we will allot Channel 266C3 to that community, as requested. 3. As stated in the Notice, Channel 266C3 can be allotted to Weinert, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site is located at least 13.8 kilometers (8.6 miles) south of the community, at reference coordinates 33-12-15 NL and 99-37-35 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 0.61, 0.204(b) and 0.283 of the
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  • In turn, to assure a continuation of local service at Raymond, we shall condition the grant of program test authority for Station KFMY to operate as an Oakville station on the activation of Station KJET as a Raymond station on Channel 289C2. 10. Channel 249C1 can be allotted to Oakville in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules with a site restriction of 23.4 kilometers (14.5 miles) northwest. Channel 289C2 can be reallotted to Raymond in compliance with the Commission's minimum distance separation requirements with a site restriction of 27 kilometers (16.8 miles) north. Channel 300A can be allotted to South Bend with a site restriction of 3.5 kilometers (2.2 miles) southwest. The proposed
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  • Branch Policy and Rules Division Mass Media Bureau Nevada County is the licensee of Station KNCO, Grass Valley, California, and Gold Country is the licensee of Station KNGT, Jackson, California. Both of these stations were licensed on Channel 232A and operated as three-kilowatt Class A FM facilities because they did not meet the separation requirements now set forth in Section 73.207(b) of the Rules which would permit six-kilowatt operation. See Amendment of Part 73 of the Rules to Provide for an Additional Class (Class C3) and to Increase the Maximum Transmitting Power for Class A FM Stations, 4 FCC Rcd 6375 (1989). As a result of the earlier Memorandum Opinion and Order in this proceeding, the Station KNGT license was modified
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  • without affording other interested parties an opportunity to file competing expressions of interest, provided that the existing and proposed allotments are mutually exclusive. Thunderbolt's counterproposal was mutually exclusive with the NPRM's proposal because the proposed substitution of Channel 249C3at Trenton, TN, conflicted with the proposed allotment of Channel 249A at Bethel Springs under the Commission's minimum distance separation requirements, Section 73.207 of the Commission's Rules. Specifically, the required spacing is 142 kilometers, and the actual spacing is 92.7 kilometers. Bethel Springs, TN, et al. (Report and Order), 6 FCC Rcd at 20330. The R&O also relied upon three other procedural violations as follows: (1) the late-filed expression of interest was not accompanied by a separate motion for late acceptance; (2) the
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  • to Brilliant, Alabama, and modification of the Station WKXM-FM license to specify Brilliant as the community of license. Station WKXM-FM is currently short-spaced to Station WGTX, Channel 290C, Memphis, Tennessee, Station WJEC, Channel 293A, Vernon, Alabama, and Station WENN, Channel 290A, Trussville, Alabama. At the new transmitter site, Station WKXM-FM will comply with the spacing requirements set forth in Section 73.207 of the Rules and serve 4,074 additional persons. This will provide Brilliant with a first local service while AM Station WKXM will continue to provide local service to Winfield. Ad-Media Management Corporation, licensee of Station WKXM-FM, has consented to the proposed change in community of license and transmitter relocation. Capstar and Jacor have agreed to reimburse the licensee for the
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  • local transmission service. See Change of Community MO&O, 5 FCC Rcd 7097 (1990). Moreover, Greenville City's concern about removal of nighttime service from Station KIKT is ameliorated by the fact that Greenville has at least five full-time reception services. 6. Channel 228C3 can be allotted to Cooper, Texas, in compliance with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules at the alternate site provided by KRBE. A Staff engineering analysis has determined that the entire Cooper and Greenville areas are well served with five or more services available to each community. Total population coverage for the proposed Cooper station will be 82,669 people in a 4,803 square kilometer area. 7. Accordingly, pursuant to the authority
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  • to modify Station KRSH's facilities by substituting an omni-directional antenna and, if the application is granted, will implement the change. 2. We believe that the public interest would be served by the substitution of Channel 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,
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  • the Joint Parties contend that due to the proximity of Ashville to the Columbus, Ohio, this proposal is merely an attempt by Secret Communications to serve the Columbus Urbanized Area at the expense of a smaller community. 3. Station WFCB is a licensed as pre-1964 grandfathered short-spaced station that does not meet the current separation requirements now set in Section 73.207 of the Commission's Rules. Against this fact, Section 73.207(a) specifically prohibits us from accepting petitions to amend the Table of Allotments which do not meet all of the minimum separation requirements. The purpose of this requirement is to assure the technical integrity of the FM service. Strict adherence to the separation requirements also furthers a fair and equitable distribution of
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  • will result from the reallotment. In consideration of the foregoing, and in accordance with the provision of Section 1.420(i) of the Commission's Rules, we will modify the license of Station KRYD to specify Norwood, Colorado, as its community of license. 6. Channel 285C1 can be allotted to Norwood, in conformity with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules, at the petitioner's specified allotment reference site located 32.1 kilometers (19.9 miles) southeast of the community at coordinates 38-00-05 NL and 107-57-53 WL. 7. 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
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  • Channel 295C2 for Channel 296C2 at Pueblo, Colorado, at a new transmitter site, and modifying the license of Station KNKN to specify operation on Channel 295C2 as requested. In addition, we are allotting Channel 238C3 to Pine Bluffs, Wyoming, as requested by KSIR\KNKN. 12. Channel 240A can be allotted to Arriba consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules without a site restriction at coordinates 39-17-12 NL and 103-16-30 WL. Channel 296C can be allotted to Bennett, Colorado, at the requested site for Station KSIR-FM, located 42.8 kilometers (26.6 miles) northeast of the community at coordinates 39-54-34 NL and 103-57-58 WL. Channel 295C2 can be allotted to Pueblo, Colorado, at the requested site for Station
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  • lease payments. American Media also documented its unsuccessful efforts to secure an alternate transmitter site for continued operation on Channel 282A. American Media then located an existing tower which would enable Station FRFR to continue to serve Shafter. However, at this site, Station KRFR operation on Channel 282A would not comply with the minimum separation requirements set forth in Section 73.207(b) of the Commission's Rules. On the other hand, Channel 226A can be used at this transmitter site. For this reason, American Media proposed the substitution of Channel 226A for Channel 282A at Shafter. 3. In response to the Notice, Clear Channel filed a Counterproposal and Comments proposing the allotment of Channel 224A to Buttonwillow, California, as a first local service.
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  • propose to modify the authorization for Station KIMX as requested, without entertaining competing expressions of interest in the use of Channel 288C2 at Timnath, or requiring petitioner to demonstrate the availability of an additional equivalent channel for use by other parties. 7. Channel 288C2 can be allotted to Timnath, Colorado, consistent with the minimum distance separation requirements specified in Section 73.207(b)(1) of the Commission's Rules at a restricted site located 31.9 kilometers (19.8 miles) northwest of the community at coordinates 40-44-31 NL and 105-14-15 WL. This proposal is located within the protected areas of the Table Mountain Radio Receiving Zone (``Zone''), Boulder County, Colorado. Therefore, if this proposal is granted, petitioner will be required to consult with the Department of Commerce
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  • Broadcasting, LLC (``Petitioner''), licensee of Station KCDQ, Channel 237A, Douglas, Arizona, requesting the substitution of Channel 237C for Channel 237A at Douglas, the reallotment of Channel 237C to Tombstone, Arizona, as its first local aural service, and modification of its authorization accordingly. In order to accommodate its proposal in conformity with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules, petitioner also requests the substitution of Channel 236C1 for Channel 237C1 at Santa Clara, New Mexico, at the current transmitter site of Station KNUW(FM), and modification of the license accordingly to specify the alternate Class C1 channel. In accordance with petitioner's request we will issue an Order to Show Cause to the licensee of Station KNUW(FM)
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  • interest in the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Petitioners state that Channel 300A can be allotted at Pennsauken in accordance with Section 73.207 of the rules, and it will place a 70dBu to the community from the proposed reference point. The allotment will provide the community with its first local aural transmission service without depriving Bridgeton, 1990 U.S. Census population, 18,942 persons, of aural transmission service, leaving behind an AM and a NCE FM station. It also states that it will eliminate short
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  • to Rule, as requested. No other comments were received. 2. In view of the interests expressed in providing a first local aural transmission service to Rule, Texas, we will allot Channel 239C2 to that community, as requested. 3. As stated in the Notice, Channel 239C2 can be allotted to Rule, in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter site is located at least 12.7 kilometers (7.9 miles) east of the community, utilizing reference coordinates 33-13-01 NL and 99-45-45 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 0.61, 0.204(b) and 0.283 of the
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  • facilities. Petitioner 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
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  • Media has documented its unsuccessful efforts to secure an alternate transmitter site for continued operation on Channel 282A. At this juncture, American Media has located an available existing tower which would enable Station KCOO to continue operation in Shafter. However, operation on Channel 282A would not allow Station KCOO to comply with the minimum separation requirements set forth in Section 73.207(b) of the Rules. On the other hand, Channel 226A can be used at this transmitter site. For this reason, American Media proposes the allotment of Channel 226A to Shafter. 3. We believe that the public interest would be served by allotting Channel 226A to Shafter, California, and permitting Station KCOO to modify its license to specify operation on Channel 226A.
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  • to increase its service area, creating a gain of service to 78,588 people in an area of 11,618 square kilometers. Additionally, to accommodate the modification for Station KSWG(FM) at Wickenburg. we will substitute Channel 270A for vacant Channel 241A at Salome, Arizona, 6. Channel 242C can be allotted to Wickenburg in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, at the requested site of Circle S, located 24.6 kilometers (15.3 miles) west of the community at coordinates 33-54-15 NL and 112-59-02 WL. Additionally, Channel 270A can be substituted for Channel 241A at Salome, Arizona, at the current reference site for the vacant allotment, located 0.1 kilometer (0.04 mile) north of the community, at coordinates 33-46-54
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  • 1. The Audio Division has before it the multiple-docket Report and Order, DA 03-631, released March 14, 2003. That order granted the request of Charles Crawford to allot Channel 243A at Evant, Texas as the community's first local aural transmission service, as proposed in this proceeding, MM Docket No. 01-188. Because the proposed allotment is not in compliance with Sections 73.207(b) and 73.208(a)(3) of the Commission's Rules, we are, on our own motion, setting aside that allotment. 2. Accordingly, and under Section 1.113 of the Rules, the allotment of Channel 243A at Evant, Texas in the aforementioned Report and Order is HEREBY SET ASIDE. 3. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202)418-7072. FEDERAL COMMUNICATIONS COMMISSION John
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  • on the petitioner's showing that the reallotment of Channel 288C2 to Timnath, will result in a preferential arrangement of allotments. Timnath will be provided with its first local aural transmission service, and Laramie will not be left unserved or underserved. 7. Channel 288C2 may be allotted to Timnath in conformity with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules, utilizing the petitioner's specified site located 21 kilometers (13 miles) north of the community at coordinates 34-15-09 NL; 83-28-28 WL. Additionally, as Timnath, Colorado, is located within the protected area of the Table Mountain Radio Receiving Zone (``Zone''), Boulder County, Colorado, petitioner must consult with the Department of Commerce prior to submission of its application to
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  • modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. This provision applies as the proposal to allot Channel 237C at Tombstone, Arizona, is mutually exclusive with Station KCDQ's current allotment of Channel 237A at Douglas. The communities are located 64.2 kilometers apart whereas Section 73.207(b)(1) of the Commission's Rules specifies a required minimum distance separation of 226 kilometers in this instance. The Notice/OSC announced that the Petitioner's reallotment proposal, evaluated pursuant to the FM allotment priorities, would be preferred over retention of Channel 237A at Douglas. Tombstone, Arizona (population 1,504 persons), would receive its first aural service (priority three) and would not deprive Douglas, Arizona
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  • interest in the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Petitioners state that Channel 230A can be allotted at Sellersburg in accordance with Section 73.207(b) of the rules, and it will place a 70 dBu signal over the entire community from the proposed reference point. The allotment will provide the Sellersburg, 2000 U.S. Census population of 6,071 persons, with its first local aural transmission service, and will not deprive Seymour, 2000 U.S. Census population of 18,101 persons, of its sole local aural transmission service. Stations
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  • of ANI's legitimate and prudent expenses incurred in this proceeding in compliance 1.420(j) of the Commission's Rules. ANI and ISC did not file petitions for reconsideration of the dismissals of their counterproposals. Consequently, those dismissals are now final. The actual spacing between Channel 263C1 at Helena and Channel 263C at Anniston is 139 kilometers whereas the required spacing under Section 73.207 of the Rules is 270 kilometers. Likewise, the actual spacing between Channel 262A at Dadeville and Channel 263C at Anniston is 82.8 kilometers while the required spacing is 165 kilometers. Anniston and Ashland, Alabama, and College Park, Covington, Milledgeville and Social Circle, Georgia, 15 FCC Rcd 9971 (M.M. Bur. 2000), recon. denied, 16 FCC Rcd 3411 (M.M. Bur. 2001). Auburn,
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  • interest would 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
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  • community. Therefore, 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,
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  • community of 3,392 people will receive a first local service. The reallotment of Channel 280C2 from Springfield to Tybee Island will not deprive Springfield of local service as the community will continue to be served by the reallotment of Station WEAS, Channel 226C1, from Savannah to Springfield. Station WEAS will continue to operate at its current site consistent with Section 73.207 of the Commission's Rules. Therefore, there will be no loss or gain in service area. According to Cumulus, the reallotment of Station WEAS will not deprive Savannah of local service as fourteen stations will continue to provide local service to Savannah. With respect to migration of service from rural to urban areas, Cumulus states that although Savannah is the central
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  • with the greatest coverage area broadcast facility to the requested community. It has been demonstrated that Channel 232C2 is available to Jayton, and therefore we will not consider a Class A allotment in this proceeding. 3. A staff engineering analysis has determined that Channel 231C2 can be allotted to Jayton, Texas, consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter site is located at least 9 kilometers (5.6 miles) west of the community. In view of the interest expressed by Fabian in providing Jayton, Texas, with a higher class, first local aural transmission service, we will allot Channel 231C2 to that community as requested. 4. Accordingly, pursuant to the authority contained in Sections
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  • at Fort Stockton, Texas, if allotted. There were no counterproposals or additional comments received in response to this proceeding. 2. As stated in the Notice, each petitioner was requested to demonstrate in its comments why their respective community should receive the requested allotment given that both proposals cannot be accommodated in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. The proposals are located 73.7 kilometers apart whereas the minimum distance separation requirement is 96 kilometers. Since comments were only filed by Crawford, a comparison between the two proposals is no longer needed. It is the Commission's policy to refrain from making an allotment to a community absent a bona fide expression of interest. Therefore, we
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  • rules to protect these stations. In fact, they point out that Class D stations and other secondary services such as translators, are not even considered when full power primary service stations seek to change their facilities by application or rulemaking. In further support of the petition, Petitioners state that Channel 300A can be allotted at Pennsauken in accordance with Section 73.207 of the rules, and it will place a 70dBu to the community from the proposed reference point. The allotment will provide the community with its first local aural transmission service. Bridgeton, 1990 U.S. Census population, 18,942 persons, will continue to receive local transmission service from an AM and a NCE FM station. They also state that the proposal will eliminate
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  • we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Sierra states that Channel 282C can be allotted to Camp Verde, Arizona, at the current authorized site of Station KAJM in compliance with Section 73.207 of the Commission's Rules. Sierra further states that Camp Verde satisfies the FCC definition of ``community'' for allotment purposes. Camp Verde is an incorporated community with a population of 9,451 people according to the 2000 U.S. Census. Camp Verde has its own post office and zip code, local government, police force, public library, school system, fire department, and a weekly
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  • filed a petition for reconsideration of the Report and Order. During the time that the petition for reconsideration was pending, the Audio Division's staff found that Clear Channel's application was short-spaced to Station WBBS(FM), Fulton, New York. By letter dated May 12, 2003, the Audio Division wrote Clear Channel a letter requesting an amendment to rectify this violation of Section 73.207 of the Commission's Rules. Clear Channel was afforded one opportunity to amend its application, and the corrective amendment was due no later than 30 days after May 12, 2003. Because the staff had not received any response or amendment by June 30, 2003, the staff dismissed Clear Channel's application for Station WWDG(FM) with no further opportunity for amendment, pursuant to
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  • No. 01-47. 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
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  • Georgia Urbanized Area and 32.8 percent of the Atlanta, Georgia Urbanized Area. A Huntington/Tuck analysis is unnecessary because Station WBTS is not migrating into an urbanized area but is already there. As an additional matter, Station WBTS is a pre-1964 grandfathered station. We recognize that in proposing this action, we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. We propose to apply the same approach to the instant case.
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  • Area while Channel 280C3 at Springfield covered only 8 percent of the urbanized area. Cumulus provided a Tuck showing establishing independence of Tybee Island from the Savannah Urbanized Area. Additionally, the reallotment of Channel 226C1 from Savannah to Springfield will experience neither a loss or gain as Station WEAS will continue to operate at its current site consistent with Section 73.207 of the Commission's Rules at coordinates 32-02-48 and 81-20-27. Our engineering analysis indicates that Channel 280C2 can be allotted to Tybee Island in compliance with the Commission's spacing requirements at coordinates 32-00-45 and 80-55-44. To ensure that local service will continue to be provided to Springfield, we shall condition the grant of an authorization to operate Station WSIS on Channel
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  • the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Amigo states that Channel 285A can be allotted to Dripping Springs, Texas, in compliance with Section 73.207 of the Commission's Rules. Amigo further states that Dripping Springs is an incorporated community governed by an elected mayor and city council. Dripping Springs has its own public library, post office and the Dripping Springs Independent School District consists of four schools with an enrollment of 3,090 students. Dripping Springs has a base of businesses, churches, community and civic groups
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  • an original and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center, at its headquarters, 445 12th Street, S.W., Washington, D.C. See Section 73.207(b)(1). The distance between the required site for requested Channel 271B1 at Okawville and Station KEZK's licensed site is 88 kilometers. A minimum distance separation of 105 kilometers is required in this instance. However, if Station KEZK is reclassified to operate as a Class C0 facility, the short spacing issue will be eliminated. Station KEZK-FM operates on Channel 273C with an
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  • 1. Before the Audio Division for consideration is a petition for rule making filed by SSR Communications Incorporated (``SSR''), requesting the allotment of FM Channel 233A at Calhoun, Georgia, as that community's first local FM commercial aural transmission service. Additionally, to accommodate the allotment of Channel 233A at Calhoun, consistent with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules, SSR also requests the reclassification of Station WYSF, Channel 233C, Birmingham, Alabama, to specify operation on Channel 233C0. Station WYSF currently operates on Channel 233C with an effective radiated power of 100 kilowatts at 309 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. SSR asserts
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  • any such 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,
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  • Longitude. While Station WAAF(FM) has an outstanding construction permit (File No. BPH-20030228JE) at Worcester, this minor modification was issued pursuant to Section 73.215 and creates short-spacings to three stations. Specifically, the construction permit for Station WAAF(FM) at Worcester is short-spaced to Stations WFHN-FM, Channel 296A, Fairhaven, MA, WFCC(FM), Channel 298B, Chatham, MA, and WERZ(FM), Channel 296A, Exeter, NH. Since Section 73.207(a) of the Rules provides that ``[t]he Commission will not accept petitions to amend the Table of Allotments unless the reference points meet all of the minimum distance separation requirements of this section,'' Station WAAF(FM)'s construction permit for Worcester may not be used at Westborough for allotment purposes. Further, consistent with the rationale of this decision set forth in paragraph 3
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  • be made 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
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  • and four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257), at its headquarters, 445 Twelfth Street, SW., Washington, D.C. See Section 73.207(b)(1). The distance between the required site for requested Channel 293A at Woodbine, Iowa, and Station KEXL's licensed site at Norfolk, Nebraska, is 161.5 kilometers. A minimum distance separation of 165 kilometers is required in this instance. However, if Station KEXL is reclassified to operate as a Class C0 facility, the short spacing issue will be eliminated. Station KEXL currently operates
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  • be made 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
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  • a U.S. Post Office (zip code 74546). 4. We believe that the public interest would be served by the allotment of Channel 290A at Haileyville, Oklahoma, as it will provide the community with its first local aural transmission service. A staff engineering study has determined that Channel 290A may be allotted at Haileyville, Oklahoma, consistent with the requirements of Section 73.207(b) of the Commission's Rules, provided the transmitter therefore is located at least 9.7 kilometers (6.0 miles) north of the community, utilizing coordinates 34-56-29 NL and 95-34-30 WL. 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
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  • Division Media Bureau Benjamin, Texas, 17 FCC Rcd 10994 (MM Bur. 2002); Mason, Texas, 17 FCC Rcd 11038 (MM Bur. 2002). Quanah,Texas, 15 FCC Rcd 15809 (MM Bur. 2000). 5 U.S.C. � 553 Weyerhaeuser Company v. Costle, 590 F. 2d 1011, 1031 (D.C. Cir. 1978); Owensboro on the Air v. United States, 262 F.2d 702 (D.C. Cir. 1958). See Section 73.207(b) of the Commission's Rules. For instance, Section 73.207(b) requires a minimum separation between two Class C allotments of 290 kilometers. See e.g. Cross Plains, Texas, et al., 15 FCC Rcd 5506 (MM Bur. 2000) (a counterproposal involving 36 communities); Ardmore, Alabama, et al., 17 FCC Rcd 18101 (MM Bur. 2002) (a petition for rule making involving 19 communities); Farmersville, Texas,
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  • the site 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,
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  • proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Mitchell states that Channel 222A can be allotted to Meigs, Georgia, at the current authorized site of Station WQLI in compliance with Section 73.207 of the Commission's Rules. Mitchell further states that Meigs is an incorporated community with a population of 1,090 people, its own post office and zip code (31765), local government and police force. According to Mitchell, Station WQLI will serve Pelham with local news since it does not anticipate changing transmitter sites. Mitchell also states that TV Channel 14 is currently
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  • Division: 1. Before the Audio Division for consideration is a petition for rule making filed by SSR Communications Incorporated (``SSR''), requesting the allotment of FM Channel 233A at Calhoun, Georgia, as that community's first local commercial FM transmission service. Additionally, to accommodate the allotment of Channel 233A at Calhoun, consistent with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules, SSR also requests the reclassification of Station WYSF, Channel 233C, Birmingham, Alabama, to specify operation on Channel 233C0. Station WYSF currently operates on Channel 233C with an effective radiated power of 100 kilowatts at 309 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. SSR asserts
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  • of an 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
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  • the requested channels, if allotted. 2. A staff engineering analysis has determined that Channel 263C can be allotted to Fort Stockton, Texas, in conformity with the Commission's Rules, provided there is a site restriction of 13.8 kilometers (8.6 miles) southeast of the community. Alternatively, Channel 261C3 can be allotted to Sanderson, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, provided there is a site restriction of 12.3 kilometers (7.6 miles) north of the community. However, both proposals cannot be accommodated in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. The proposals are located 73.7 kilometers apart whereas the minimum distance separation requirement is 96 kilometers. Therefore, we shall provide
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  • for vacant Channel 224A, and is not in conflict with proposed Channel 258C1 at Eldorado, Texas. 8. In view of the interests expressed in providing Mullin, Texas, with a first local aural service, we will allot Channel 224C3 to that community, as requested. Channel 224C3 can be allotted to Mullin consistent with the minimum distance separation requirements specified in Section 73.207(b) of the Commission's Rules without a site restriction. Additionally, we will allot Channel 259A as a replacement for vacant Channel 224A at Mason, Texas, at the current reference site for the vacant allotment. 9. As Mason, Texas, is located within 320 kilometers (199 miles) of the U.S.-Mexico border, we will advise the Mexican government of the change to the FM
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  • is anticipated for the reallotment of Station WPST from Trenton to Burlington, coverage to the urbanized areas will remain unchanged. Consideration of Huntington and Tuck in these circumstances is unwarranted. 5. As an additional matter, Station WPST is a pre-1964 grandfathered station. We recognize that in proposing this action, we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. We propose to apply the same approach to the instant case.
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  • Pittman, LLP Washington, D.C. 20006 2300 N Street, N.W. Washington, DC 20037-1128 (Counsel to Petitioner) For further information concerning this proceeding, contact Victoria M. McCauley (202) 418-2180. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Mount Vernon and Okawville, Illinois, 18 FCC Rcd 18492 (2003). See Section 73.207(b)(1). See Order to Show Cause, Reclassification of License of Station KEZK-FM, St. Louis, Missouri, 18 FCC Rcd 107 (2003). See Second Report and Order, MM Docket No. 98-93 15 FCC Rcd 21649 (2000) (``1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules''); see also note 2 to Section 1.420(g) and note 4
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  • Our analysis confirms that there will be no loss in service and no underserved areas will be created as Heritage has made a commitment to operate Station WGGC at its current licensed site. Additionally, the Notice pointed out that Station WGGC is a pre-1964 grandfathered station. We recognize that we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM Stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. Heritage will be required to specify its current licensed site for
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  • authorization for Station WWOD(FM), Channel 282C3, at Hartford. . Id. at 4874. Royston and Commerce, Georgia, 15 FCC Rcd 5676 (MMB 2000); Bay Springs, Ellisville, and Sandersville, Mississippi, 14 FCC Rcd 21339 (MMB 1999). Although this issue is now moot, Hall's proposed use of Channel 282A was permissible. We have determined that Hall's site met the requirements of 73.315 and 73.207 of our rules, contrary to Family's suggestion that Hall's proposal would require a tower of 500 meters height above average terrain (``HAAT''). Our analysis showed that the Hall proposed tower site would have been 383.7 meters above mean sea level (``AMSL''), and that at that site, a tower with a HAAT of 178.5 meters and adjusted power of 1.93 kilowatts
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  • fulltime aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). See Seabrook, Hunstville, TX, et al., 10 FCC Rcd 9360 (1995). J&M's Comments in Opposition at 2. Id. at 4. Id. See 47 C.F.R. � 73.207. The required spacing between Channel 240A at Big Sur and Channel 240A at Chualar is 115 kilometers whereas the actual spacing between these proposals is 49.6 kilometers. Faye and Richard Tuck, 3 FCC Rcd 5374 (1988). Petitioner's Consolidated Reply Comments at 2, citing Benavides, Bruno, and Rio Grande, TX, 13 FCC Rcd 2096 (MMB 1998). Petitioner's Consolidated Reply Comments at
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  • service from 23 FM stations and 5 AM stations. 6. In its Comments, Mercer Island proposes that instead of the proposed reallotment of Channel 283C2 to Kent, we should allot ``a special allocation granting KMIH(FM) the equivalent of Class A status and protection in accordance with the Class A minimum distance separations.'' We will not make such an allotment. Section 73.207 of the rules requires that any FM allotment proposal meet the prescribed minimum distance separation requirements. A Channel 283A allotment at Mercer Island would not do so. For this reason, we reject the Mercer Island suggestion that we should allot a channel to the Table of FM Allotments on the basis of the current operation of Station KMIH purportedly not
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. $ $ 6 � � pM ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • 272C from Lake Havasu City to Pahrump. A staff engineering analysis has determined that Channel 272C3 can be allotted to Pahrump, Nevada, in conformity with the Commission's Rules, provided there is a site restriction of 6.1 kilometers (3.8 miles) northwest of the community. Alternatively, Channel 272C can be allotted to Pahrump, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, provided there is a site restriction of 15.6 kilometers (9.7 miles) west of the community. However, both proposals cannot be accommodated in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. The proposals are located 9.6 kilometers apart whereas the minimum distance separation requirement is 237 kilometers. Therefore, we shall provide
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  • service from 23 FM stations and 5 AM stations. 6. In its Comments, Mercer Island proposes that instead of the proposed reallotment of Channel 283C2 to Kent, we should allot ``a special allocation granting KMIH(FM) the equivalent of Class A status and protection in accordance with the Class A minimum distance separations.'' We will not make such an allotment. Section 73.207 of the rules requires that any FM allotment proposal meet the prescribed minimum distance separation requirements. A Channel 283A allotment at Mercer Island would not do so. Similarly, we will not allot a channel to the Table of FM Allotments on the basis of the current operation of Station KMIH purportedly not causing prohibited overlap with any FM station. Supplemental
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  • first local service. Channel Community Present Proposed Booneville, Kentucky --- 227A Coordinates: 37-34-24 NL and 83-46-40 WL. Additional Information: Petitioner's requested site at coordinates 37-26-48 NL and 83-55-56 WL is defective because it is beyond the minimum distance from which a Class A station is able to obtain 70 dBu (city-grade) coverage over the entire community of license under Section 73.207. Thus, we have proposed an alternate site which does comply with Section 73.207. The proposed can be used if a tower of 207 meters HAAT and reduced power of 1.427 kW is used to avoid a terrain obstruction at 100 meters HAAT. Petitioner is requested to address use of this alternate site and the required tower height and reduced power
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  • considering a reallotment proposal, we compare the existing arrangement of allotments to the proposed arrangement of allotments in order to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based on the FM Allotment priorities. In support of the petition, Petitioners state that Channel 230A can be allotted at Sellersburg in accordance with Section 73.207(b) of the rules, and it will place a 70 dBu signal over the entire community from the proposed reference site. The allotment will provide Sellersburg, 2000 U.S. Census population of 6,071 persons, with its first local aural transmission service, and will not deprive Seymour, 2000 U.S. Census population of 18,101 persons, of its sole local aural transmission service. Two stations,
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  • Other public interest matters. [Co-equal weight is given to given to priorities (2) and (3)]. Station KLSQ(AM) will remain in Laughlin. Petitioner notes that Station KADD is also licensed to Laughlin, but it has a petition pending to relocate to Logandale, Nevada in MB Docket No. 01-135. See Headland, Alabama, and Chattahoochee, Florida, 10 FCC Rcd 10352 (1995). See 47 CFR�73.207; Mount Wilson FM Broadcasters, Inc. v. F.C.C., 884 F.2d 1462 (D.C. Cir. 1990). The coordinates for Channel 300C at Meadview are 35-50-11 NL and 114-19-088 WL. See Certification that Section 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Makings to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules. 46 FR 11549 (February 9,
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  • site for Station KARS-FM, Channel 275C1, Laramie, Wyoming, and modification of its license accordingly. Station KSMT-FM relocation conflicts with the proposed allotment of Channel 272C2 at Crawford. As such, we will consider this Petition as a counterproposal in this proceeding because of its mutual exclusivity. 4. Discussion. Joint Petitioners' proposal involves short-spacings to four authorized stations. To eliminate the Section 73.207 violations, the four stations have agreed to the ``relocation'' of their respective ``transmitter site reference points'' and pledged to file applications to implement the proposed relocations in the event the Joint Petitioners' proposal is adopted. 5. The rules do not permit the acceptance of proffers of hypothetical transmitter site relocations to change reference points for licensed stations. Section 73.207 of
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  • imbalance is warranted, especially when grant of the waiver would provide service to only approximately 3% more persons than would receive service from maximum Class B facilities. SDSU's request materially differs from the commercial superpowered stations in another way. Commercial FM superpowered stations can continue to operate in excess of the Class B limit, but the spacing rules in Section 73.207 afford that station no greater protection from interference than it would receive as a maximum Class B facility. This does not preclude the establishment of new services at the appropriate distances from the superpowered station. However, a noncommercial educational station is governed by the provisions of Section 73.509 of the Commission's rules, which affords protection to the 60 dBu contour.
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  • fulltime aural service; (3) First local service; and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The reference coordinates for the Channel 248B allotment at Burlington, New Jersey, are 40-14-05 and 74-46-02. Station WPST is a pre-1964 grandfathered short-spaced station. Even though we are creating a new short-spaced allotment not in conformity with Section 73.207 of the rules, we permit such a station to change its community of license where there is no change in transmitter site. See Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (MMB 1992). As proposed in the Notice, Station WPST is required to specify its existing transmitter site in the construction permit application to implement this reallotment. (continued....) Federal
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  • addresses, several 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
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  • provided service by the proposed allotments of Channels 282C2 and 245C2 at Willcox. Lakeshore also notes that its proposal requires that Station KZZP, Channel 284C, Mesa, Arizona, change its transmitter site reference coordinates. Lakeshore includes a statement by Citicasters Licenses, L.P. (``Citicasters'') indicating it is willing to change its transmitter site reference coordinates to a site that complies with Section 73.207 of the rules, and Lakeshore agrees to reimburse Citicasters for the reasonable costs of changing its transmitter site to the extent necessary under the Commission's spacing rules. Finally, Lakeshore states that its proposed reference point would be short spaced to Station XHNI-FM, Nogales, Sonora, Mexico, but that under the 1992 Treaty between the U.S. and Mexico, it will provide contour
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  • area if realloted to Bowling Green. Since no site change is anticipated, coverage to the urbanized area will remain unchanged. Consideration of Huntington and Tuck in these circumstances is unwarranted. 5. As an additional matter, Station WGGC is a pre-1964 grandfathered station. We recognize that in proposing this action, we are creating a new short-spaced allotment in contravention of Section 73.207 of the Rules. However, we have held that grandfathered FM stations that were in compliance with our Rules when authorized should be afforded the same opportunity to change their community of license as other stations authorized in conformity with our rules, where there is no change in transmitter site. We propose to apply the same approach to the instant case.
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  • Broadcasting Shiner, Texas proposal and the Joint Parties' counterproposal for Channel 232A at Flatonia because the Flatonia proposal had not yet been entered into our data base. If the Shiner proposal had been included in the data base at that time, Stargazer Broadcasting's Petition for Rule Making at Shiner would have been returned as unacceptable for filing. See 47 C.F.R. �73.207(a) (Commission will not accept rulemaking petitions unless they satisfy all distance separation requirements). (...continued from previous page) (continued....) Federal Communications Commission DA 04-548 Federal Communications Commission DA 04-548 � � 7 C g � � � ` � � F � � ib�Kd ;r � � � � �
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  • for the FM noncommercial band, but rather retained its 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
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  • as unacceptable 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
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  • the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Clear Channel states that Channel 278A can be allotted to Littleville, Alabama, in compliance with Section 73.207 of the Commission's Rules. Clear Channel further states that the community of Littleville has been incorporated since 1956 and has a population of 978 people according to the 2000 Census. The community is governed by a mayor, city clerk and town council which all have offices in the Littleville Town Hall. Littleville provides municipal services to its residents, has a
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  • the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Eure states that Channel 255C3 can be allotted to Bethel, North Carolina, in compliance with Section 73.207 of the Commission's Rules. Eure further states that the community of Bethel is located in Northern Pitt County, has been incorporated since 1873, and has a mayor and town council. Bethel has a population of 1,681 people according to the 2000 Census. Bethel has a police department, a volunteer fire department, a library, its own school system, post office, and
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  • because an earlier filed proposal was pending in MM Docket No. 01-210 to allot Channel 293C3 to Crowell. However, a request to withdraw the Channel 293C3 allotment proposal at Crowell was subsequently approved, thereby making the Petitioner's proposed allotment at Crowell a potential first local service. North Texas and AM & PM are under common ownership. See 47 C.F.R. � 73.207. The required spacing between Channel 250C3 at Crowell, TX, and Channel 250A at Cache, OK, is 142 kilometers whereas the actual spacing between these proposals is 131.9 kilometers. The reference coordinates for Channel 250C0 at Bridgeport, Texas, are 33-26-13 and 97-29-05. The FM allotment priorities are (1) first fulltime aural service; (2) second fulltime aural service; (3) first local service;
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  • Citicasters maintains that, contrary to RSM's threshold showing, fully-spaced sites are available. Citicasters states that it has identified five suitable, privately owned sites that are fully-spaced to KCIX(FM) that would provide the requisite principal community coverage to Homedale. 8. In Greater Media Radio Company, Inc., the Commission stated that the threshold and public interest criteria formerly used to analyze Section 73.207 waiver requests are applicable to requests for waiver of the minimum spacing requirements contained in Section 73.215(e). The staff determined that RSM had met the threshold criteria for waiving our spacing rules by demonstrating the unavailability of both its initially proposed site and any suitable fully-spaced sites; and by demonstrating that the site proposed in the Application is the least
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  • in the proposed allotment. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment will result in a preferential arrangement of allotments. This determination is based upon the FM Allotment priorities. In support of the petition, Styles states that Channel 263C3 can be allotted to Slocomb, Alabama, in compliance with Section 73.207 of the Commission's Rules without a site restriction providing a first local service for the community. Styles further states that the community of Slocomb has definable boundaries with a population of 2,052 people according to the 2000 U.S. Census, has its own elected government, police and fire departments, school system for kindergarten through 12th grade, a monthly newspaper called the
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  • aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3)]. See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88, 91 (1988). Stations KNED(AM), KTMC-AM-FM, and KBCW(FM) are currently licensed to McAlester, Oklahoma. See Faye and Richard Tuck, 3 FCC Rcd 5374 (1988) (``Tuck''). 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-1020 Federal Communications Commission DA 05-1020 �@��� � F 0 �� �Year �
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  • 2005 Reply Comment Date: July 5, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, proposes channel substitutions for vacant Channel 265A at Bairoil, Wyoming and vacant Channel 262C at Sinclair, Wyoming. The existing vacant allotments at Bairoil and Sinclair are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules. 2. The substitution of Channel 235A for vacant Channel 265A at Bairoil and the substitution of Channel 267C for vacant Channel 262C at Sinclair would resolve existing distance spacing conflicts. In this instance, existing Channel 265A at Bairoil and existing Channel 262C at Sinclair are short-spaced to each other by 57.2 kilometers. The minimum distance spacing
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  • 2005 Comment Date: June 30, 2005 Reply Comment Date: July 15, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, proposes the removal of two vacant allotments, Channel 228A at Aspen, Colorado and Channel 228A at Leadville, Colorado. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In this instance, there are no alternative channels available to resolve the existing conflict. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal. 2. Aspen, Colorado is a city with a 2000 U.S. Census population of 5,914 persons. Channel 228A at Aspen, Colorado was allotted in 2001, as the community's
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  • and Order, 14 FCC Rcd 12541 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � $ ^ m ... � � - � � � � � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
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  • is a site restriction of 3.6 kilometers (2.2 miles) southwest at coordinates 24-37-30 NL and 81-32-30 WL. Moreover, to accommodate this allotment, we will reallot Channel 288C2 from Marathon to Islamorada, Florida, as its second local service and modify the Station WWWK license accordingly. Channel 288C2 can be reallotted to Islamorada, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 15.5 kilometers (9.6 miles) northeast at coordinates 25-01-23 NL and 80-30-06 WL. Petitioner filed its reallotment proposal pursuant to � 1.420(i) of the Commission's rules, which permits the modification of a station's license to specify a new community of license without affording other interested parties an opportunity to file
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  • filed comments and Motion to Dismiss. There were no counterproposals or additional comments received in response to this proceeding. Background. As stated in the Notice, each petitioner was requested to demonstrate in its comments why their respective community should receive the requested allotment given that both proposals cannot be accommodated in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. The proposals are located 52.4 kilometers apart whereas the minimum distance separation requirement is 143 kilometers. A comparison between the two proposals is no longer necessary because no comments were received by Mountain Air, or any party expressing an interest in the allotment of Channel 245A at Maricopa, California, as its second local service. It is
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  • determined that Channel 287A can be allotted to Yulee in conformity with the Commission's rules, provided there is a site restriction of 10.6 kilometers (6.6 miles) southeast at reference coordinates 30-34-00 NL and 81-31-30 WL. To facilitate the proposed Yulee reallotment, the transmitter site for FM Station WSJF can be relocated, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 7.0 kilometers (4.3 miles) south at reference coordinates 29-46-53 NL and 81-15-25 WL. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 287A at Yulee. Accordingly, we seek comments on the proposed
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  • Comment Date: September 19, 2005 Reply Comment Date: October 4, 2005 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, proposes the substitution of Channel 259C for vacant Channel 273C at Meeteetse, Wyoming. The current allotment of Channel 273C at Meeteetse is not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules. 2. The proposed Channel 259C substitution at Meeteetse would resolve an existing distance spacing conflict. In this instance, existing vacant Channel 273C at Meeteetse is short-spaced to the licensed site of FM Station KHOC, Channel 273C, Casper, Wyoming. Channel 273C at Meeteetse is located 260.3 kilometers apart from FM Station KHOC. The minimum distance spacing requirement
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  • local service. Goudeau proposes the allotment of Channel 292A at Marksville, Louisiana, as the community's second local service. We find that both proposals warrant consideration because the proposed allotments could provide Glenmora with a first local service and Marksville with a second local service. However, both proposals cannot be accommodated in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules. The proposals are located 53 kilometers apart whereas the minimum distance separation requirement is 115 kilometers. As such, we shall provide each proponent an opportunity to demonstrate in its comments why its community should receive the requested allotment. In this regard, the parties should be guided by the allotment criteria for FM allotment priorities. Additionally, the
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  • first articulated in Newman and Peachtree City, Georgia, 7 FCC 6307 (1992) (``Newman''). In Newman, the Commission stated that a station grandfathered as a pre-1964 short-spaced station should receive the same opportunity to change its community of license as other stations authorized in conformity with the Rules The Commission stated that it would consider waiving the strict application of Section 73.207 of the Rules provided no technical change is proposed by the grandfathered station, no new short spacing is created, no existing short spacings are exacerbated and the potential for interference between the currently short spaced stations is not increased. 47 C.F.R. � 1.420(i). See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd
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  • this Memorandum Opinion and Order to the Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. Section 801(a)(1)(A), because the proposed petition for rule reconsideration was denied.) 8. For further information concerning this proceeding, contact Helen McLean, Media Bureau, and (202) 418-2738. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau 47 C.F.R. � 73.207. Petition for Reconsideration at 1. See also Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Notice of Proposed Rule Making, 20 FCC Rcd 11142 (2005). Petitioners cite to Eldorado, Texas et al., 19 FCC Rcd 9179 (MMB 2000) and Fair Bluff, North Carolina, 10 FCC Rcd 9255
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  • ORDERED, That the aforementioned proceeding IS TERMINATED. 9. For further information concerning this proceeding, contact Helen McLean, Media Bureau, (202) 418-2738. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Thomas, Oklahoma, 20 FCC Rcd 6257 (MB 2005) (``Notice''). The counterproposal was placed on Public Notice on July 29, 2005, Report No. 2723, (RM-11265*). 47 C.F.R. � 73.207. See Clayton, Oklahoma, et al., 18 FCC Rcd 6535 (2003). The FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). (...continued from previous
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  • competing proposals would provide local service and receive abundant reception services, population difference of 370 persons was deciding factor); Blanchard, Louisiana and Stephens, Arkansas, 10 FCC Rcd 9828 (1995) (decision based on slight population difference of 38 persons); Bostwick and Good Hope, Georgia, 6 FCC Rcd 5796 (MMB 1991) (decision based on population difference of 120 persons). 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 05-2695 Federal Communications Commission DA 05-2695 h� h� h�' h� h�' �@��� �@��� ( L N O Q V V W k l m � � � � � � � � � � � � � h F � V ?; ?; �' oH r ? � � �
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  • [Co-equal weight is given to given to priorities (2) and (3)]. Petitioner cites to Chatom and Grove Hill, Alabama, 12 FCC Rcd 7664 (MMB 1997); Bagdad and Chino Valley, Arizona, 11 FCC Rcd 523 (MMB 1995). Faye and Richard Tuck, 3 FCC Rcd 5374 (1988). See e.g. Pelham and Meigs, Georgia, 18 FCC Rcd 12187 (MB 2003). 47 C.F.R. � 73.207. 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 Makings to Amend 47 C.F.R. Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules. 46 FR 11549 (Feb. 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-2906 Federal Communications Commission
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  • The petition also included Petitioner's address and the relevant engineering. However, as required by Section 1.52 of the rules, a party not represented by counsel must sign and verify the facts in the petition by including a sworn statement that the facts are true. Petitioner is requested to include this sworn statement with its comments in this proceeding. See Section 73.207(b)(1). The distance between the required site for requested Channel 246A at Homerville and the license site of Station WKQL(FM) is 152 kilometers. A minimum distance separation of 165 kilometers is required in this instance. However, if Station WKQL(FM) is reclassified to operate as a Class C0 facility, the short spacing issue will be eliminated. Station WKQL(FM) operates on Channel 245C
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  • community and the central city are part of the same advertising market; and (8) the extent to which the specified community relies on the larger metropolitan area for various municipal services such as police, fire protection, schools, and libraries. Tuck, 3 FCC Rcd at 5378. See e.g. Pelham and Meigs, Georgia, 18 FCC Rcd 12187 (MB 2003). 47 C.F.R. � 73.207. 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 Makings to Amend 47 C.F.R. Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules. 46 FR 11549 (Feb. 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-2943 Federal Communications Commission
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  • petitions, Greeley suggested the allotment Channel 261C3 in lieu of the proposed Channel 272C3 at Pahrump, as its third local service. To accommodate this allotment, Greeley proposed the substitution of Channel 287A for vacant Channel 261C at Beatty, Nevada. Discussion. As discussed in the Notice, both proposals cannot be accommodated in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules because the proposals are located 9.6 kilometers apart, whereas the minimum distance separation requirement is 237 kilometers. Therefore, each proponent was provided with an opportunity to demonstrate in its comments why its requested channel should be allotted to Pahrump based on the allotment criteria for the FM allotment priorities. Additionally, the proponents were given an opportunity
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  • are contingent proposals that are unacceptable for filing, and must be dismissed. It also claims that it is Commission policy not to accept any rule making proposal that is contingent on the outcome of another rulemaking proceeding, unless a final Order has been issued in that proceeding. Additionally, Rodgers Broadcasting states that both proposals violate the spacing requirements of Sections 73.207 of the Commission's rules and violate Section 1.420(g) of the Commission's rules because the proposals seek a change in community of license on a non-mutually exclusive channel. Rodgers Broadcasting also objects to Indiana Community's attempt to reserve nonreserved channels without the required technical showings. Amended Proposal. The Joint Parties filed an Amended Proposal requesting the substitution of Channel 294C3 for
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  • FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982). Faye and Richard Tuck, 3 FCC Rcd 5374, 5378 (1988). See 47 C.F.R. � 73.207. The required spacing between Channel 244A at Lake City and Channel 244A at Halls Crossroads is 115 kilometers whereas the actual spacing between these proposals is 23 kilometers. See, e.g., Blanchard, LA, and Stephens, AR, 10 FCC Rcd 9828 (1995). An application (BPED-19960710MA) for a noncommercial educational FM radio station was pending for Lake City prior to the filing of
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  • pursuant to the contour overlap provisions of Section 73.215 to ensure adequate protection to short spaced station WKDN(FM), Camden, NJ. On June 9, 2004, Press filed the Application which proposed to protect WKDN pursuant to Section 73.213(c)(2) of the Commission's rules. On January 3, 2005, the staff sent a deficiency letter to Press because the Application failed to provide Section 73.207 spacing protection to WKDN. Press filed responses to the deficiency letter on June 18, 2005, and September 26, 2005. In the January 18, 2005 amendment, Press attempts to distinguish West Wind Broadcasting, Inc., in which the Commission stated that a station licensed under Section 73.215 may not seek to modify its facilities in accordance with Section 73.213(c)(2). In addition, the
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  • resolution of this case. Section 1.52 of the Commission's rules requires that all pleadings filed by parties not represented by legal counsel be signed and verified by the petitioner and provide the petitioner's mailing address. Although the Petitioner's rulemaking petition was signed by the Petitioner and included her address, it did not contain a verification statement. See 47 C.F.R. � 73.207. The required spacing between Channel 265A at Holdenville and Channel 266A at Pauls Valley is 72 kilometers whereas the actual spacing is 70 kilometers. The FM allotment priorities are (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision
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  • incorporated city located in Kern County, California listed in the 2000 U.S. Census with a population of 1,111 persons. We find that both proposals warrant consideration because the proposed allotments could provide the communities of Lost Hills and Maricopa with a second local service. However, both proposals cannot be accommodated in conformity with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules. The proposals are located 52.4 kilometers apart whereas the minimum distance separation requirement is 143 kilometers. As such, we shall provide each proponent an opportunity to demonstrate in its comments why its community should receive the requested allotment. In this regard, the parties should be guided by the allotment criteria for FM allotment priorities. Additionally, the
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  • 299A for Channel 272A at Gunnison and modified the Station KVLE-FM license accordingly; and changed the reference coordinates for vacant Channel 270C2 at Olathe, Colorado. In addition, The Report and Order found that the several reference point relocation proffers were without effect and dismissed the Joint Rulemaking Petitioners' proposal for failure to comply with the minimum spacing requirements of Section 73.207. Petitions for Reconsideration. The Petitioner requests reconsideration of the Report and Order because MCB filed a Request withdrawing its interest in the Channel 272C2 allotment at Crawford after issuance of the Report and Order. Instead, MCB requests the allotment of Channel 274C3 in lieu of Channel 272C2 at Crawford. The Petitioner notes that the proposed Channel 274C3 at Crawford would
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  • four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257) at its headquarters, 445 12th Street, S.W, Washington, D.C. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-705 Federal Communications Commission DA 05-705 �@��� �@��� �@��� ] ^ � � � F �
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  • transportation systems; (7) the extent to which the specified community and the central city are part of the same advertising market; and (8) the extent to which the specified community relies on the larger metropolitan area for various municipal services such as police, fire protection, schools, and libraries. Faye and Richard Tuck, 3 FCC Rcd at 5378. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-709 Federal Communications Commission DA 05-709 7 8 �@��� 8 � � � � F 0
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  • a second local service. A staff engineering analysis has determined that Channel 289A can be allotted to Sugarloaf Key in conformity with the Commission's rules, provided there is a site restriction of 3.6 kilometers (2.2 miles) southwest at coordinates 24-37-30 NL and 81-32-30 WL. Channel 288C2 can be reallotted to Islamorada, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 15.5 kilometers (9.6 miles) northeast at coordinates 25-01-23 NL and 80-30-06 WL. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 288C2 at Islamorada. Accordingly, we seek comments on the proposed amendment
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  • four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257) at its headquarters, 445 12th Street, S.W, Washington, D.C. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-747 Federal Communications Commission DA 05-747 �@��� h# h# ; < m q u | �
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  • four copies of all comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257) at its headquarters, 445 12th Street, S.W, Washington, D.C. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 05-752 Federal Communications Commission DA 05-752 �@��� 7 ; O U � � '' - �
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  • this short-spacing prohibits Station KSTQ-FM from making any modifications to its facilities to improve service to Plainview, Texas. Station KSTQ-FM presently operates a directional facility on Channel 247C1 at Plainview, Texas. At the time that the application for the construction permit underlying Station KSTQ-FM's licensed facility was filed, the proposed facility complied with the minimum distance separation requirements of Section 73.207 of the rules. On December 22, 2000, the construction permit for Channel *248C2 at Denver City expired. The allotment reverted to the status of vacant and unapplied for, and the original allotment reference coordinates for that channel were reinstated. As a consequence, Station KSTQ-FM became short-spaced to that vacant allotment by 17 kilometers. In addition, Station KSTQ-FM cannot avail itself
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  • and Hudson Falls, NY, Report and Order, 16 FCC Rcd 13305 (MMB 2001) (the totality of service improvements resulting from a proposed change of community proposal are taken into account when determining whether an allotment proposal should be approved); and Chillicothe, Dublin, Hillsboro, and Marion, OH, Report and Order, 20 FCC Rcd 6305 (MB 2005), recon. pending. 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1004 Federal Communications Commission DA 06-1004 � S W f j q u � � � � � � F 0 �
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  • by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated
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  • Petitioner filed comments, submitted a Tuck showing, and reiterated its expression of interest in the reallotment of Station WVEK-FM to Weber City. DISCUSSION Although the NPRM/OSC solicited comment on the Petitioner's proposal, we now recognize that there is a short-spacing with one of the related channel changes. Accordingly, the proposal must be denied because it fails to comply with Section 73.207(a) of the Commission's rules. Specifically, the proposed substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of the license for Station WOLD-FM, accordingly, is 6.6 and 0.6 kilometers short-spaced to two mutually exclusive applications for a new FM station on Channel 273A at Shawsville, Virginia. These applications were filed in 1997 under the contour protection provisions
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  • Making proposing a Channel 294A allotment at Augusta, Kentucky. An Opposition accompanied by a Motion to Accept Opposition to the Petition for Reconsideration was filed by Grant County Broadcasting (``GCB''), licensee of Station WNKR(FM), Channel 293A, Williamstown, Kentucky. 2. Background. On July 6, 2005, Petitioner's Petition for Rule Making was returned by letter because it was not consistent with Section 73.207(b)(1) of the Commission's Rules. Specifically, at the coordinates provided (38-49-56 NL and 83-51-37 WL), the site was short-spaced to the licensed and application sites for Station WNKR(FM), Williamstown, Kentucky. 3. Petition for Reconsideration. In the Petition for Reconsideration, the Petitioner argues that there was a typographical error in the reference coordinates provided in the Petition for Rule Making proposing the
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  • to ``take a GPS reading at the tower site, discuss its findings with the current tower owner, and coordinate making the tower information at the FCC consistent.'' The plan to remedy the coordinate discrepancy was ``overtaken by events'' such as BBMG's loss of authority to use the site; accordingly, no coordinate correction application was ever filed. See 47 C.F.R. � 73.207. The record is not dispositive as to whether the coordinates authorized for the station or those on the tower registration are correct. Because of our determination that the Licensee independently violated Section 73.1350 with regard to the unauthorized change in the antenna tower height and resulting operation, and because WTRK(FM) no longer operates from the MP tower site, we need
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  • site of Station WOGF(FM), a pre-1964 grandfathered station. 2. In our letter returning Keymarket's petition for rule making, we noted that reallotment of Channel 282B at the proposed site would increase WOGF(FM)'s short-spacing to WPGB(FM), Channel 284B, Pittsburgh, Pennsylvania, by approximately 2.8 kilometers. We explained that the Commission's policy is to grant no waivers of the spacing requirements of Section 73.207 of the Commission's Rules in considering the allotment of an FM channel. We further stated that waiver of the rule has been granted for proposals that would decrease an existing short-spacing, but we could not consider a proposal that would exacerbate an existing short-spacing. For that reason, we returned Keymarket's petition for rule making as unacceptable for filing. 3. In
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  • (``Arkansas Valley''), licensee of Station KSBV(FM), Salida, Colorado separately filed comments. No other comments or counterproposals were received in this proceeding. Background. The Audio Division, on its own motion, proposed the removal of vacant Channel 228A at Aspen, Colorado and Channel 228A at Leadville, Colorado because these allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In response to the Notice, Jacor Broadcasting filed comments expressing an interest in applying for a new construction permit for Channel 228A at Aspen, Colorado. Jacor Broadcasting states that Channel 228A at Leadville should be deleted from the FM Table of Allotments because the allotment is no longer technically feasible or viable. Arkansas Valley filed comments
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  • opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. For further information concerning this proceeding, contact Victoria M. McCauley, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See Section 73.207(b)(1). The distance between the required site for requested Channel 246A at Homerville and the license site of Station WKQL(FM) is 152 kilometers. A minimum distance separation of 165 kilometers is required in this instance. However, if Station WKQL(FM) is reclassified to operate as a Class C0 facility, the short spacing issue will be eliminated. The petition was signed by Clyde
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  • its transmitter site. Currently, Station WCSY-FM has pre-existing grandfathered short-spacings with Station WLSC, Channel 252A, North Muskegon, Michigan and Station WNWN-FM, Channel 253B, Coldwater, Michigan pursuant to Section 73.213(c)(1) of the Commission's rules. The proposed Hartford reallotment will allow Station WCSY-FM to move to a fully-spaced transmitter site that eliminates the pre-existing short-spacings, thereby, conforming to the requirements of Section 73.207 of the Commission's rules. Moreover, the proposed Hartford reallotment will permit Station WCSY-FM to increase its effective radiated power (``ERP'') from 1.9 kilowatts to 6 kilowatts at 100 meters height above average terrain (``HAAT''). To facilitate the proposed Hartford reallotment, the Notice also proposed the reallotment of pre-1989 grandfathered Station WZBL(FM), Channel 279A from Hartford to South Haven, Michigan and
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  • City, Texas, BPH-19990217IB, are 33-51-40 NL and 98-38-52 WL. The Joint Parties propose to change those coordinates to 33-32-30 NL and 98-46-30 WL. See ``Request for Approval of Withdrawal'' filed by Linda Crawford on June 21, 2006. See ``Request for Approval of Withdrawal'' filed by Jeraldine Anderson on June 22, 2006. See 47 C.F.R. � 1.420(j). See 47 C.F.R. �� 73.207 and 73.208. Archer City, Texas, Report and Order, 18 FCC Rcd 15,532 (MB 2003) (``Archer City R&O''). The construction permit (BPH-19990217IB) for FM Station KRZB, Channel 248C2, Archer City, Texas, was reinstated on January 12, 2006. See Broadcast Applications, Report No. 26152, Public Notice (Media Bur., rel. Jan. 17, 2006). See Claremont, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas,
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  • and Order, 14 FCC Rcd 12541 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � $ f s t u � � � � � � � -� � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��-
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. $ $ � (R) � � h�C ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i
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  • Rcd 1004 (MMB 1990); and Blanchard, LA, and Stephens, AR, Memorandum Opinion and Order, 10 FCC Rcd 9828, 9829 (1995) (small population difference between communities is dispositive in comparing mutually exclusive proposals for first local services). A staff engineering analysis reveals that neither the existing nor the proposed arrangement of allotments would trigger Priorities (1) or (2). 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2561 Federal Communications Commission DA 06-2561 � � � ; ? g k s t � � � � F 9 0 0 �iq �iq �iq �iq �iq �iq �iq �iq
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  • 2006 Comment Date: February 12, 2007 Reply Comment Date: February 27, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, proposes the removal of two vacant allotments, Channel 282C3 at Boswell, Oklahoma and Channel 282C2 at Detroit, Texas. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In this instance, there are no alternate channels available to resolve the existing conflict. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal. 2. Boswell is a town with a 2000 U.S. Census population of 703 persons. Channel 282C3 at Boswell, Oklahoma was allotted in MB Docket No. 01-136, as
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  • Ohio. NABC acknowledges that its minor change application for Station WTDA(FM) would be short spaced to the Station WJZA(FM) Pickerington rulemaking proposal and suggests an alternate site for the Pickerington allotment so that both proposals can be accommodated. NABC also acknowledges its conflict with the license site for Station WPAY-FM, but argues that it has requested a waiver of Sections 73.207 and 73.3517 of the rules in its application. NABC recognizes that its application is contingent on Station WPAY(FM)'s reclassification as a Class C0 which would occur only if Station WPAY fails to complete its construction as a full Class C at a new site in accordance with its outstanding construction permit. We are dismissing the NABC application. In 2001, NABC
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  • lead to denial of the request.'' Id. at 739 The NPRM established a comment deadline of March 5, 2001; and Hedrick's comments were received at the Commission on March 7, 2001. See 47 C.F.R. � 73.202(a)(1), which provides that channels in the non-reserved FM band designated with an asterisk may be used only by NCE stations. See 47 C.F.R. � 73.207. The required spacing between Channel 245A at Butler and Channel *245A at Reynolds is 115 kilometers whereas the actual spacing between these proposals is 11.6 kilometers. See Santa Isabel, PR and Christiansted, VI, 3 FCC Rcd 2336 (1988), aff'd. sub nom. Amor Family Broadcasting v. FCC, 918 F.2d 960 (D.C. Cir. 1990). Although BK Radio (``BK'') submitted an expression of
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  • currently licensed to Fernandina Beach. Channel 287A can be allotted to Yulee in conformity with the Commission's rules, provided there is a site restriction of 10.6 kilometers (6.6 miles) southeast of the community, using reference coordinates 30-34-00 NL and 81-31-30 WL. The transmitter site for FM Station WSJF can be relocated, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 7.0 kilometers (4.3 miles) south of the community, using reference coordinates 29-46-53 NL and 81-15-25 WL. See Faye and Richard Tuck, 3 FCC Rcd 5374 (1998) (``Tuck'') and RKO General, 5 FCC Rcd 3222 (1990) (``KFRC''). (...continued from previous page) (continued....) Federal Communications Commission DA 06-344 Federal Communications Commission
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  • Channel 235A for vacant Channel 265A at Bairoil and Channel 267C for vacant Channel 262C at Sinclair. Channel 235A can be allotted to Bairoil, Wyoming in conformity with the Commission's rules without a site restriction at coordinates 42-14-40 NL and 107-33-32 WL. Moreover, Channel 267C can be allotted to Sinclair, Wyoming consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 9.6 kilometers (6 miles) west of the community at coordinates 41-46-19 NL and 107-13-40 WL. 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).
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  • to Commission consent. (File No. BALH-20010806ABH). CCC is now the licensee of Station KNBB(FM). For simplicity of exposition, we refer to each entity as CCC. This section permits upgrades of FM stations on mutually exclusive co-channels or adjacent channels without affording other interested parties an opportunity to file competing expressions of interest in the upgraded channel. See 47 C.F.R. � 73.207. The required spacing between Channel 257C2 at Ruston and Channel 257C3 at Saint Joseph is 177 kilometers whereas the actual spacing between these proposals is 155.8 kilometers. The required spacing between Channel 300C3 at Saint Joseph and Channel 300C3 at Wisner is 153 kilometers whereas the actual spacing between these proposals is 12.1 kilometers. See, e.g., Fort Bragg, CA, 6
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  • modify the site restriction for Channel *248C2 to accommodate Petitioner's pending application to modify Station KSTQ-FM's operation. Petitioner filed comments in support of the proposal. No other comments were filed. Background. At the time that the application for the construction permit underlying Station KSTQ-FM's licensed facility was filed, the proposed facility complied with the minimum distance separation requirements of Section 73.207 of the rules. On December 22, 2000, the construction permit for Channel 248C2 at Denver City expired. That allotment reverted to the status of vacant and unapplied for, and the original allotment reference coordinates for that channel were reinstated. As a consequence, Station KSTQ-FM became short-spaced to that vacant allotment by 17 kilometers. In addition, Station KSTQ-FM cannot avail itself
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  • the minimum effective radiated power for a Class C3 facility be not less than 6 kilowatts. 5. The two alternate transmitter sites suggested by East Kentucky are also technically defective. The first alternate site (37-23-24 NL and 82-29-14 WL) is short-spaced to Station WZAQ, Channel 222A, Louisa, Kentucky, and Station WWJD, Channel 219C3, Pippa Passes, Kentucky, in contravention of Section 73.207 (b) of the rules. In addition, using the 3 second terrain database, there is a major terrain obstruction located 4.9 kilometers (3.04 miles) from the proposed transmitter site. Finally, in regard to the second alternate site (37-23-24 NL and 82-24-04 WL), our engineering study has identified multiple terrain obstructions preventing the requisite line-of-site and 70dBu coverage of Cole Run. Using
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  • 262A allotment at Morristown does not conflict with any proposal in this proceeding and there was no reason or basis to consider that proposal in connection with our resolution of this proceeding. We also stated that a Channel 262A allotment at Morristown would be short-spaced to the licensed site of Station WWKI, Channel 263B, Kokomo, Indiana, in contravention of Section 73.207(b) of the rules. 7. In its Petition for Reconsideration, Indiana Community does not address our determination that its proposed Channel 262A allotment at Morristown does not conflict with any proposal in this proceeding and would, therefore, not be acceptable for consideration as a counterproposal. Indiana Community does not dispute the fact that, as filed, its proposal for Channel 262A at
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  • and the change of community, which does not involve a change in transmitter site, would not increase the signal coverage of that urbanized area. Under the circumstances, no Tuck analysis is necessary. 5. Station WCTZ(FM) is a pre-1964 station with grandfathered short-spacings. We recognize that the proposed change of community would create a new short-spaced allotment in contravention of Section 73.207 of the Commission's rules. We have held, however, that a grandfathered FM station that was in compliance with the Commission's rules when authorized should be allowed to change its community of license at its existing transmitter site. 6. Port Chester, New York, an incorporated village of 27,867 persons, is deserving of its own local service. For all of the foregoing
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  • allotment of Channel 276 C to Kanab, Joint Parties I proposed channel changes at Fredonia, First Mesa, and Teec Nos Pos, Arizona. See, e.g., Broken Arrow and Bixby, Oklahoma, Memorandum Opinion and Order, 3 FCC Rcd 6507, 6511 (MMB 1988); Springdale, Arkansas, Carthage et al., Missouri, Memorandum Opinion and Order, 5 FCC Rcd 1241 (MMB 1990). See 47 C.F.R. � 73.207. Holbrook, Arizona, Report and Order, 15 FCC Rcd 10893 (MMB 2000). On March 27, 2007, the Media Bureau granted Petracom of Holbrook, L.L.C.'s construction permit application implementing the channel change from Channel 221C1 to Channel 253C1 (File No. BPH-20061222ACL). Memorandum Opinion and Order, 17 FCC Rcd 14472 (MB 2002). The FM allotment priorities are: (1) first fulltime aural service; (2)
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  • of the community. In order to have consistency with the U.S. Census, we hereby make an editorial correction to 47 C.F.R. � 73.202(b) and change the listing for these channels to Shasta Lake. Because of this editorial change, we will send courtesy copies of this Report and Order to the licensees of the Shasta Lake stations. See 47 C.F.R. � 73.207. The FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). Birdsill states that the reference coordinates for this antenna
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  • of Part 73 of the Commission's Rules concerning Low Power FM Broadcast Stations (LPFM), which is not applicable to ICRC's current desire to change the operating channel of its Translator Station W230AR. See, e.g., Parker, Arizona, Report and Order, 17 FCC Rcd 9578, 9579 (MB 2002), and cases cited therein. See the cases cited in note 7, supra. See Sections 73.207 and 73.209 of the Commission's Rules. 47 C.F.R. �� 73.207 and 73.209. See also Cordele, Georgia, et al., Report and Order, 12 FCC Rcd 9777, 9780 (MMB 1997). Id. 47 C.F.R. � 1.420(i). Under our recently adopted rule changes in MM Docket No. 05-210, Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License
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  • opportunity to file competing expressions of interest in the new allotment. See File No. BPH-20040317AAL, which was granted on April 19, 2005. See also Various Locations, Report and Order, 21 FCC Rcd 7116, 7117 (MB 2006) (changing the FM Table of Allotments to reflect the substitution of Channel 238A for Channel 240A at Dundee, New York). See 47 C.F.R. � 73.207. The FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). See 47 C.F.R. � 73.208(a). BBN recognizes that the
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  • Texas. Charles Crawford (``Crawford'') filed comments. No other comments or counterproposals were received in this proceeding. Background. The Audio Division, on its own motion, proposed the removal of vacant Channel 282C3 at Boswell, Oklahoma or Channel 282C2 at Detroit, Texas because the distance between the reference coordinates for these allotments is less than the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In response to the Notice, Crawford filed comments, expressing an interest in applying for a new construction permit for Channel 282C2 at Detroit, Texas. Discussion. No comments were received expressing an interest in Channel 282C3 at Boswell. In this regard, it is Commission policy to refrain from maintaining an allotment in instances were there are no
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  • was to a population receiving five or more services). The extent of reimbursement is governed by the guidelines set forth in Circleville, Ohio, supra, and is generally left to the good faith negotiation of parties involved subject to Commission review in the event of disagreement. See Churchville and Lurray, Virginia, supra, 5 FCC Rcd at 1107 n.1. 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 07-956 Federal Communications Commission DA 07-956 � ^ � � � h�_ h�_ F � � 0 �_
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  • fact calling for further inquiry regarding the removal of WNOW-FM from Gaffney, South Carolina, to Bessemer City, North Carolina. Compliance with Section 73.3573(g)(4). Section 73.3573(g)(4) of the Rules requires that all applications proposing to change the community of license of an existing FM station ``must demonstrate the existence of a suitable assignment or allotment site that fully complies with Sections 73.207 . . . without resort to Sections 73.213 or 73.215.'' Accordingly, applications proposing to change community of license must demonstrate the existence of a suitable assignment site that fully complies with the spacing requirements contained in Section 73.207 of the Rules. An engineering study of the proposed assignment site - WNOW-FM's current license site - reveals that it fails to
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  • ORDERED, That the aforementioned proceeding IS TERMINATED. 19. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See Meeteetse, Wyoming, Notice of Proposed Rule Making, 20 FCC Rcd 12967 (MB 2005)(``Notice''). This proposed substitution would bring the Meeteetse allotment into compliance with Section 73.207(b) of the Commission's Rules (the ``Rules''). See 47 C.F.R. � 73.207(b). Station KAOX(FM) now has a license to specify operation on Channel 297C2 in lieu of Channel 297C1 at Kemmerer. See File No. BLH-20050404ACZ. Station KKWY has been granted a construction permit to specify operation on Channel 293C1 at Superior, Wyoming. See File No. BNPH-20041228AAC. As such, the Joint Proponents
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  • radiated power (ERP) and 89 meters antenna radiation center height above average terrain (HAAT). WIXO is a Class B FM station licensed (File No. BLH-20050407AAA) to operate on channel 289 at Peoria, Illinois, using 32 kW ERP and 169 meters antenna radiation center HAAT. The licensed WCZQ and WIXO facilities do not meet the minimum distance separation requirements of Section 73.207 for first-adjacent channel Class A and Class B stations. This short spacing between WCZQ and WIXO resulted from the October 2, 1989, change in the Commission's rules that increased the maximum permissible ERP and HAAT and minimum distance separation requirements for Class A stations. Thus, WCZQ and WIXO are grandfathered short-spaced stations that may be modified or relocated pursuant to
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  • the successor in interest to MBPL pursuant to consummation of the transaction set forth in short-form assignment application (File No. BALH-20070719ABG); (2) three Requests for Approval of Withdrawal filed on March 3, 2008, by Crawford; and (3) Amended Sworn Affidavits filed on May 12, 2008, by Crawford in response to a staff request for additional information. See 47 C.F.R. � 73.207. This petition was filed by Crawford on July 16, 2004, and requests the allotment of Channel 285A to Cherokee (pop. 175) as a first local service. This rule permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest. See File No. BPH-20080114ABE. 47
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  • in very few and very narrow circumstances, none of which is present here. It has not accepted alternative propagation analyses in support of requests for waiver of the Section 73.215(a) contour overlap provisions. Changes in the Commission's practice in this regard would defeat the principal purpose of Section 73.215(a), i.e., to provide applicants with increased flexibility (relative to the Section 73.207 distance separation criteria) without burdening the Commission with complex, time-consuming and litigable waiver requests. We therefore are denying Calvary's waiver request and dismissing its modification application. Decision/Action. Accordingly, IT IS ORDERED that the Petition for Waiver filed by Calvary Chapel of Costa Mesa, Inc. IS DENIED. IT IS FURTHER ORDERED, that the Application for Modification of License, File No. BPH-20070919ABO,
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  • FM Table of Allotments with respect to four vacant FM channels, as set forth below. 3. In order to allot Channel 240C0 to Jacksboro and Channel 239C3 to Frederick, petitioner requests that the Commission change the channel of the vacant allotment at Rule, Texas, from Channel 239C2 to Channel 288C2. Channel 288C2 can be allotted at Rule, consistent with Section 73.207 of the Commission's rules, provided that the vacant allotment at Knox City, Texas, is changed from Channel 291A to Channel 293A, as further proposed by petitioner. To accommodate the allotment of Channel 293A at Knox City, petitioner proposes that the Commission change the channel of the vacant allotment at Crowell, Texas, from Channel 293C3 to Channel 255C3. Finally, in order
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  • 1110 kHz, and an outstanding construction permit for a new FM station on Channel 298C2 (File No. BNPH-20070226AEQ). In addition, two reserved band FM applications are pending for Channels 205 and 209 at Kiheii that are in the same mutually exclusive group, consisting of several dozen applications. See File Nos. BNPED-20071012AEF and BNPED-20071022BDI. See File No. BNPH-20070723AEJ. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 08-2439 Federal Communications Commission DA 08-2439 k � F = tm � <
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  • granted, 346 persons, currently within KDES-FM's service area, would then have ``access to only four other full-time aural services.'' Gold Coast also provides copies of letters filed with the Commission in which certain residents of the Palm Springs area oppose loss of service from KDES-FM. Although Gold Coast acknowledges that KDES-FM, when relocated, meets the co-channel spacing requirements in Section 73.207 of the Rules, it claims that, nonetheless, there will be ``massive harmful interference'' to reception of Gold Coast's station KCAQ(FM), Oxnard, California. It bases its conclusion on two claims: (1) the service and interference contours of KDES-FM and KCAQ(FM) will overlap; and (2) a Longley-Rice analysis shows that interference will occur. Both claims rest on an asserted ``anomaly in the
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  • the change of community of license of an authorized station. See, e.g., Cheboygan, et al., Michigan, Request for Supplemental Information, 17 FCC Rcd 20491 (MB 2002). Lakeshore's counterproposal is mutually exclusive with Rural Pima's rulemaking petition because Channel 285C3 at Davis-Monthan AFB is short-spaced to Channel 285A at Sells under the Commission's minimum distance separation requirements. See 47 C.F.R. � 73.207. We clarify that the reference coordinates for Channel 285A at Sells, Arizona, concurred to by the government of Mexico are 31-51-28 NL and 111-53-23 WL as a specially negotiated restricted allotment limited to 1.1 kW ERP and 100 meters HAAT or the equivalent along the 123.2 degree azimuth toward Station XHNI(FM), Channel 286B, Nogales, Sonora, Mexico. Letter to Pacific Broadcasting
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  • of Channel 263A for then vacant Channel 274A at Glade Spring, Virginia; and (2) the substitution of Channel 273A for Channel 263A at Marion, Virginia, and the associated modification of Station WOLD-FM's license. The R&O denied JBL's proposal and terminated the proceeding because one of the related channel changes did not comply with the minimum distance separation requirements of Section 73.207(a) of the Rules. Specifically, the proposed substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of the license for Station WOLD-FM were short-spaced to two mutually exclusive applications for a new FM station on Channel 273A at Shawsville, Virginia. These applications were filed in 1997 under the contour protection provisions of Section 73.215 of the Commission's
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  • No. BNP-20041029AHO (the ``Application''). 47 C.F.R. � 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. � 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq., Letter (MB June 6, 2007). Petition at 6-7. See 47 C.F.R. �� 73.202(a)(2), 73.207, 73.208, 73.209(b), 73.315(a). Petition at 7 (``Without either approval of the Amendment or a waiver of Section 73.24(i), the station cannot operate.''). See id. at 3. See, e.g., 2006 Community of License Order, 21 FCC Rcd at 14218 (``[P]arties seeking to employ this procedure must file, with their applications, a detailed exhibit demonstrating that the proposed change constitutes a preferential
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  • A'' is the most technically 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``
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  • See File No. BNPH-20080208AEJ. 47 C.F.R. � 1.420(g) (permitting, in the course of a rulemaking proceeding, the modification of the license or permit of an FM station in the non-reserved FM band to a higher class, non-adjacent channel in the same community provided that there is no other timely filed expression of interest in the non-adjacent channel). 47 C.F.R. � 73.207. The FM allotment priorities are (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. Co-equal weight is given to priorities (2) and (3). See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). See File No. BNPH-20080211ABN. See supra note 5. Report
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  • Bank, Montana. Background. The Notice proposed the substitution of Channel 265C1 for Channel 274C1 at Cut Bank to eliminate the short-spacing between Station KEAU's authorized transmitter site and the vacant Channel 274C1 at Cut Bank. The proposed Channel 265C1 substitution would prevent potential interference problems, and permit the future auction application for the Cut Bank allotment to comply with Section 73.207 of the Commission's Rules. Discussion. Accordingly, we are substituting Channel 265C1 for Channel 274C1 at Cut Bank. Channel 265C1 can be allotted to Cut Bank consistent with the minimum distance separation requirements of the Commission's Rules, with the imposition of a site restriction located 39.4 kilometers (24.5 miles) east of Cut Bank. The reference coordinates are 48-39-28 NL and 111-47-29
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  • for Pyeatt. Although the Petitioners contend that the proposed allotment would be a first local service at Kingsland, we note that there is a pending application (File No. BNPED-20071015AFN) for a noncommercial, educational FM station on Channel 219 at Kingsland. This application is mutually exclusive with another application (File No. BNPED-20071016AIO) for Channel 219A at Llano, Texas. 47 C.F.R. � 73.207. There is an apparent short-spacing between Channel 284A at Kingsland and the licensed facilities for Station KXBT(FM), Channel 285A, Dripping Springs, Texas. However, the assignment for Station KXBT(FM) was modified to specify operation on Channel 285A at Bee Cave, Texas, in a construction permit (File No. BPH-20070119AER) granted on May 21, 2007. That authorization was further modified by a construction
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  • licenses or construction permits for that community. We note that an application (File No. BNPED-20071018AOG) for a noncommercial, educational FM station at Kahuku was part of a mutually exclusive group of applications but was dismissed on May 8, 2009. See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclulsive Applications, 24 FCC Rcd 3973 (MB 2009). 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 09-2270 Federal Communications Commission DA 09-2270 � � F 8 � � � � 7 -
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  • 1110 kHz, and an outstanding construction permit for a new FM station on Channel 298C2 (File No. BNPH-20070226AEQ). In addition, two reserved band FM applications are pending for Channels 205 and 209 at Kiheii that are in the same mutually exclusive group, consisting of several dozen applications. See File Nos. BNPED-20071012AEF and BNPED-20071022BDI. See File No. BNPH-20070723AEJ 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 09-834 Federal Communications Commission DA 09-834 � F q r � k k k
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  • to Station KEAU's authorized site. Petitioner requests the proposed Channel 265C1 substitution to eliminate the short-spacing between Station KEAU's authorized transmitter site and the vacant Channel 274C1 at Cut Bank. Petitioner states that the Channel 265C1 substitution at Cut Bank will prevent potential interference problems, and permit the future auction application for the Cut Bank allotment to comply with Section 73.207 of the Commission's Rules. A staff engineering analysis indicates that Channel 265C1 can be allotted to Cut Bank consistent with the minimum distance separation requirements of the Commission's Rules, with the imposition of a site restriction located 39.4 kilometers (24.5 miles) east of Cut Bank. The reference coordinates are 48-39-28 NL and 111-47-29 WL. The proposed allotment of Channel 265C1
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. 6 7 " � $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • 17056 (2002) (``when demonstrating that `no actual interference will occur due to . . . other factors' pursuant to Section 74.1204(d), an applicant may use the undesired-to-desired signal ratio method'') (``Living Way I''). EMF I, 19 FCC Rcd at 5845. Grandfathered short-spaced FM stations are stations that do not meet the minimum spacing requirements set forth in 47 C.F.R. Section 73.207 but which were authorized prior to the adoption of the FM Table of Allotments and spacing standards, i.e., prior to November 16, 1964. EMF I, 19 FCC Rcd at 5845, citing Grandfathered Short-Spaced FM Stations, Report and Order, 12 FCC Rcd 11840, 11843, � 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM
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  • vacant FM channels. The Notice proposes the allocation of Channel 288C2 at Rule, Texas, in lieu of Channel 239C2, in order to facilitate a channel upgrade for FM Station KYBE, Frederick, Oklahoma, and a channel upgrade and change of community (from Mineral Wells to Jacksboro, Texas) for FM Station KFWR. Channel 288C2 can be allotted at Rule, consistent with Section 73.207 of the Commission's rules, provided that the vacant allotment at Knox City, Texas, is changed from Channel 291A to Channel 293A, as further proposed in the Notice. To accommodate the allotment of Channel 293A at Knox City, the Notice proposes that the channel of the vacant allotment at Crowell, Texas, be changed from Channel 293C3 to Channel 255C3. Finally, in
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. a b � � $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • Order, 21 FCC Rcd 14212 (2006). 47 C.F.R. � 1.420(g) (permitting, in the course of a rulemaking proceeding, the modification of the license or permit of an FM station in the non-reserved FM band to a non-adjacent channel in the same community provided that there is no other timely filed expression of interest in the non-adjacent channel). 47 C.F.R. � 73.207. The required spacing between Channel 235A at Markham and Channel 235C at Ganado is 226 kilometers whereas the actual distance between these proposed allotments is 13.6 kilometers. See supra note 1. DA No. 09-846, rel. April 17, 2009. 24 FCC Rcd 4598 (MB 2009) (``OSC''). Specifically, KVIC states that it currently operates with a power of 6.5 kW pursuant to
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  • comments, reply comments, pleadings, briefs, or other documents shall be furnished the Commission. 6. Public Inspection of Filings. All filings made in this proceeding will be available for examination by interested parties during regular business hours in the Commission's Reference Information Center (Room CY-A257) at its headquarters, 445 12th Street, S.W, Washington, D.C. See File No. BNPH-20091106AAR. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 10-489 Federal Communications Commission DA 10-489 � F
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  • 1.41. In any event, Susquehanna mischaracterizes the 2009 Letter as a ``supplement.'' In fact, this filing seeks relief fundamentally different than that requested in the Petition. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Memorandum Opinion and Order, 14 FCC Rcd. 17525, 17540 n.55 (1999) (subsequent history omitted) (the ``Streamlining Order''). See 47 C.F.R. �� 73.207, 73.213 and 73.215. Gunnison, Crawford, and Olathe, Breckenridge, Eagle, Fort Morgan, Greenwood Village, Loveland and Strasburg, CO, and Laramie, WY, Memorandum Opinion and Order, 20 FCC Rcd 5908, 5913 (MB 2005). File No. BPH-20031014AFQ. This permit also conditioned KNOR(FM) program test authority on the initiation of service by KIKT(FM) from the Cooper Facilities. Liberman filed the referenced construction permit application
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  • the proposal to delete the Channel 299 at Pacific Junction. Any party filing a comment expressing an interest in retaining service in Pacific Junction, Iowa, will be required to provide evidence, demonstrating that a 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
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  • 2010) (``Notice''). . . See File No. BMPH-20100805AKO and RM-11631, respectively. See File No. BNPH-20100513AAZ. Two applications are pending for new NCE stations on Channel *251C1, Madras, Oregon. See File Nos. BNPED-20100226AJY and BNPED-20100226AIL, filed by Tool Shed PDX and Educational Broadcast Service, respectively. See Letter to Dave's Broadcasting Corporation, Reference 2-B450 (MB Mar. 14, 2011). See 47 C.F.R. � 73.207. The Application and Counterproposal were subsequently placed on Public Notice, and no additional pleadings were filed. See Public Notice, Report No. 2916 (September 28, 2010). See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1988) (``Revision of Assignment Policies''). The FM allotment priorities are: (1) first fulltime aural service; (2) second fulltime aural
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  • Rcd 14212, 14221, � 15 (2006), recon. pending (``Changes of Community R&O''). Id. See id. (stating that FM Table is ``to reflect only vacant allotments that do not correspond to an authorized station or reserved assignment''). Staff engineering analysis reveals that all of the vacant allotments listed in the Appendix meet the minimum distance separation requirements of 47 C.F.R. � 73.207. However, six of the vacant allotments warrant additional explanation. To prevent short-spacings, we adopted new site restrictions for vacant Channels 257A at Pine Bluff, Arkansas, 263A at Malin, Oregon, and 237A at Drew, Mississippi. Additionally, vacant Channels 264A at Sanborn, Iowa, 237A at Drew, Mississippi, 289C2 at Alva, Oklahoma, and 288C3 at Santa Anna, Texas, are considered fully spaced allotments
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  • One does, 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
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
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  • would receive a third, fourth, and/or fifth reception service. Additionally, the proponents may wish to determine if other channels may be available to resolve the existing conflict. 10. A staff engineering analysis reveals that Channel 286C0 can be allotted to Wickenburg, as specified in the Wickenburg Application at the � 73.215 reference coordinates 34-11-23 NL and 112-45-18 WL. The � 73.207 allotment coordinates for Channel 286C0 at Wickenburg are 34-04-17 NL and 112-45-23 NL. Any counterproposals filed must protect both the � 73.215 reference site, and the � 73.207 allotment reference site. Further, the channel substitutions at Ehrenberg, First Mesa, and Kachina Village, which were proposed in the Wickenburg Petition, can be made at the reference coordinates set forth above with
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  • Counterproposal filed by Univision; (5) Reply Comments filed by Grenax; and (6) Reply comments filed by Rocket Radio. The Notice also acknowledged that, along with the Needles Petition, the Petitioner had concurrently filed an application, File No. BNPH-20070312ACB, for a new station on Channel 287B1 at Needles and paid the requisite filing fee, pursuant to Commission policy. 47 C.F.R. � 73.207. Public Notice, Report No. 2883, March 10, 2009. The Public Notice also accepted as a counterproposal an alternate channel suggestion by Grenax to modify its license for Station KBTK(FM), Kachina Village, Arizona, on Channel 285C2 in lieu of the Notice's proposal to modify its license to specify Channel 246C2, and assigned it RM-11519. See Grenax's Comments, Response to Order to
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  • the Applications on FCC Form 302, pursuant to Section 73.1690(c)(11) of the Rules, which permits a licensee to correct its coordinates by no more than three seconds of latitude and/or longitude without prior authorization from the Commission. Calvary's co-channel station KWVE-FM, San Clemente, California, is short-spaced to KUZZ-FM, 221 kilometers from KUZZ-FM instead of 241 kilometers as required by Section 73.207(b)(1) of the Rules. As a result, Calvary has operated KWVE-FM with a directional antenna under Section 73.215 of the Rules, in order to avoid overlap with KUZZ-FM's signal. Calvary has attempted, unsuccessfully, to modify its facilities to specify non-directional operation. The corrected coordinates reduce the spacing between KUZZ-FM and KWVE-FM from 221.410 kilometers to 221.317 kilometers. Calvary argues that Section
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  • temporary 90-day period for the protection of the formerly licensed Rice facilities and that the Columbia Allotment was, in fact, a vacant allotment. It therefore found that D&H was permitted to request the modification of the Columbia Allotment - as is the case with any vacant allotment - provided that the modified coordinates complied with the spacing requirements in Section 73.207 of the Rules. Accordingly, the staff denied the Sullivan informal objection and granted the Application. In the Petition, Sullivan argues that the Staff Decision misreads the Rice Public Notice and ``ignored'' related facts and circumstances. He argues that the language of the Rice Public Notice is unambiguous and that the requirement that ``minor change applicants . . . continue to
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  • ARTS AND THE COMMUNITY REQ: 97.9 MHz Channel No. 250 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, H.R. 4942, enacting into law H.R. 5548, 106th Congress, Title VI, Sec. 632 (2000). Consistent with established full service protection criteria, the staff has applied identical second and third-adjacent spacing requirements. See, e.g., 47 C.F.R. � 73.207(a) ``Minimum distance separation between stations.'' See FCC Form 318, ``Application for Construction Permit for a Low Power FM Broadcast Station,'' Section II Question 8. ( ``The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed
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  • for the FM noncommercial band, but rather retained its 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
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  • to Brilliant, Alabama, and modification of the Station WKXM-FM license to specify Brilliant as the community of license. Station WKXM-FM is currently short-spaced to Station WGTX, Channel 290C, Memphis, Tennessee, Station WJEC, Channel 293A, Vernon, Alabama, and Station WENN, Channel 290A, Trussville, Alabama. At the new transmitter site, Station WKXM-FM will comply with the spacing requirements set forth in Section 73.207 of the Rules and serve 4,074 additional persons. This will provide Brilliant with a first local service while AM Station WKXM will continue to provide local service to Winfield. Ad-Media Management Corporation, licensee of Station WKXM-FM, has consented to the proposed change in community of license and transmitter relocation. Capstar and Jacor have agreed to reimburse the licensee for the
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  • Longitude. While Station WAAF(FM) has an outstanding construction permit (File No. BPH-20030228JE) at Worcester, this minor modification was issued pursuant to Section 73.215 and creates short-spacings to three stations. Specifically, the construction permit for Station WAAF(FM) at Worcester is short-spaced to Stations WFHN-FM, Channel 296A, Fairhaven, MA, WFCC(FM), Channel 298B, Chatham, MA, and WERZ(FM), Channel 296A, Exeter, NH. Since Section 73.207(a) of the Rules provides that ``[t]he Commission will not accept petitions to amend the Table of Allotments unless the reference points meet all of the minimum distance separation requirements of this section,'' Station WAAF(FM)'s construction permit for Worcester may not be used at Westborough for allotment purposes. Further, consistent with the rationale of this decision set forth in paragraph 3
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  • CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING KMEN 88205 MBP LICENSEE, LLC CA MENDOTA , CA BPH-20060526ADD 100.5 MHZ E Minor change in licensed facilities. FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WCTU 72070 STAIR COMPANY, INC TN TAZEWELL , TN BPH-20060221AFF 105.9 MHZ E Minor change in licensed facilities. Waivers of Section 73.207 and Section 73.3517 denied and application dismissed 4/28/2006 Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 6/2/06 by ("Stair") FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING K259AE 24827 GRANTS PASS BROADCASTING CORPORATION OR WOLF CREEK , OR BPFT-20060605ABB 99.7 MHZ E Minor change in licensed facilities, callsign K259AE. W222AH 86135FAMILY LIFE MINISTRIES, INC.
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  • CALL LETTERSAPPLICANT AND LOCATION 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 MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WCTU 72070 STAIR COMPANY, INC TN TAZEWELL , TN BPH-20060221AFF 105.9 MHZ E Minor change in licensed facilities. Waivers of Section 73.207 and Section 73.3517 denied and application dismissed 4/28/2006 Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 6/2/06 by ("Stair") Withdrawal of Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 6/9/06 by ("Stair") Petition for Reconsideration dismissed per applicant's request 6/13/2006 (no letter sent) LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING WLMP-LP
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  • TO A CONSTRUCTION PERMIT DISMISSED , PLYMOUTH 107.3 MHZ E PA Low Power FM Mod of CP to chg ABUNDANT LIFE MINISTRY WHMN-LP 135235 BMPL-20060811BAX PA FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , PONCE 101.1 MHZ E PR Minor change in licensed facilities. Engineering Amendment filed 10/18, 12/1 & 12/2/2004 and 2/8/2005. Waiver of Section 73.207 denied by letter 8/18/2006 Application dismissed 8/18/2006 ARSO RADIO CORPORATION WRIO 20591 BPH-20040623AAC PR , MIDDLETOWN 88.7 MHZ E PA Minor change in licensed facilities. FOUR RIVERS COMMUNITY BROADCASTING CORPORATION WZXM 87834 BPED-20060605AAB PA AM STATION APPLICATIONS FOR DIRECT MEASUREMENT GRANTED , PHILADELPHIA 1540 KHZ P PA Direct Measurement GLOBAL RADIO, L.L.C. WNWR 1027 BZ-20051201CKF PA Page 3 of 8
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  • OF SIOUX FALLS SD SIOUX FALLS , SD BPED-20060918ACB 90.9 MHZ E Minor change in licensed facilities. FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WRIO 20591 ARSO RADIO CORPORATION PR PONCE , PR BPH-20040623AAC 101.1 MHZ E Minor change in licensed facilities. Engineering Amendments filed 10/18, 12/1 & 12/2/2004 and 2/8/2005. Waiver of Section 73.207 denied by letter 8/18/2006 Application dismissed 8/18/2006 Petition for Reconsideration filed 9/15/06 by ("ARSO") LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING WYZQ-LP 135664 HAZARD COMMUNITY BROADCASTING KY HAZARD , KY BPL-20060918AAS 106.1 MHZ E Low Power FM minor change in licensed facilities. WMCB-LP 134902 GREENFIELD COMMUNITY TELEVISION, INC. MA GREENFIELD , MA BPL-20060918ABL
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  • E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WRIO 20591 ARSO RADIO CORPORATION PR PONCE , PR BPH-20040623AAC 101.1 MHZ E Minor change in licensed facilities. Engineering Amendments filed 10/18, 12/1 & 12/2/2004 and 2/8/2005. Waiver of Section 73.207 denied by letter 8/18/2006 Application dismissed 8/18/2006 Petition for Reconsideration filed 9/15/06 by ("ARSO") Petition for Reconsideration denied by letter 11/20/2006 LOW POWER FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING WEKJ-LP 133416 CHRISTIAN RADIO NETWORK INC FL HOMOSASSA , FL BPL-20061120AJD 99.9 MHZ E Low Power FM minor change in licensed facilities. TELEVISION APPLICATIONS FOR
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  • INC. MS PICAYUNE , MS BNPED-20071018ADJ 88.7 MHZ E CP New Station. Engineering Amendment filed 10/19/2007 Engineering Amendment filed 10/22/2007 NEW 173766 COMMUNITY BROADCASTING, INC. MO DIXON , MO BNPED-20071018ADK 90.5 MHZ E CP New Station. NEW 174216 IGLESIA EBENEZER SC BLUFFTON , SC BNPED-20071018ADL 89.3 MHZ E CP New Station. Dismissed by letter 11/8/2007 (47 CFR Sections 73.509 and 73.207 violations) Page 298 of 789 Broadcast Applications 11/14/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26612 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER
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  • N FILE NUMBER STATE E/P 11/08/2007 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , POPLAR BLUFF 91.7 MHZ E MO CP New Station. Dismissed by letter 11/8/2007 (47 CFR Section 73.509 violation) COMMUNITY BROADCASTING, INC. NEW 173704 BNPED-20071018ADI MO , BLUFFTON 89.3 MHZ E SC CP New Station. Dismissed by letter 11/8/2007 (47 CFR Sections 73.509 and 73.207 violations) IGLESIA EBENEZER NEW 174216 BNPED-20071018ADL SC , ST. AUGUSTINE 88.9 MHZ E FL CP New Station. Dismissed by letter 11/8/2007 (47 CFR Section 73.515 violation) THE ASHLEY WILLWERTH MEMORIAL SCHOLARSHIP FOUNDATION, INC. NEW 175884 BNPED-20071018AJC FL , GRAYSON 91.7 MHZ E GA CP New Station. Dismissed by letter 11/8/2007 (47 CFR Section 73.509 violation) MEGAPHONE RADIO, INC. NEW 173614
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  • LOCATION 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 ACCEPTED FOR FILING NEW 176938 CALIFORNIA ASSOCIATION FOR RESEARCH AND EDUCATION INC. CA SUSANVILLE , CA BNPED-20071022BVG 90.1 MHZ E CP New Station. Dismissed by letter 11/8/2007 (47 CFR Section 73.207 violation) Engineering Amendment filed 12/07/2007 Petition for reconsideration filed 12/7/2007 Petition for reconsideration granted 12/10/2007 Application reinstated nunc pro tunc 12/10/2007 (no letter sent) Petitions to deny must be on file no later than 30 days from the date of this public notice accepting the application for filing. FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 172976 THE
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  • News media information REPORT NO.46659 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 01/22/2008 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , SUSANVILLE 90.1 MHZ E CA CP New Station. Dismissed by letter 11/8/2007 (47 CFR Section 73.207 violation) Engineering Amendment filed 12/07/2007 Petition for reconsideration filed 12/7/2007 Petition for reconsideration granted 12/10/2007 Application reinstated nunc pro tunc 12/10/2007 (no letter sent) Petitions to deny must be on file no later than 30 days from the date of this public notice accepting the application for filing. CALIFORNIA ASSOCIATION FOR RESEARCH AND EDUCATION INC. NEW 176938 BNPED-20071022BVG CA Page
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  • 91.9 MHZ E IA CP New Station. Dismissed 5/5/2009 per Settlement Agreement - no letter sent IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY NEW 172693 BNPED-20071018AHW IA FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , HORNSBY 91.7 MHZ E TX Minor change in licensed facilities. Engineering Amendment filed 02/06/2009 Dismissed by letter 5/5/2009 (47 CFR Section 73.207 violations) TEXAS EDUCATIONAL BROADCASTING CO-OPERATIVE, INC. KOOP 65320 BPED-20070905AAJ TX , AUSTIN 91.7 MHZ E TX Minor change in licensed facilities. Engineering Amendment filed 02/04/2009 Dismissed by letter 5/5/2009 (47 CFR Section 73.207 violations) THE UNIVERSITY OF TEXAS AT AUSTIN KVRX 66607 BPED-20070905AAQ TX Page 3 of 13 Broadcast Actions 5/8/2009 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington,
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  • Commission Case: 08-1117 Document: 01215798941 Page: 2 3 1 Because interference is a function of both placement on the FM radio band and geographic distance, the geographic distance separation requirements are strictest for radio stations on the same channel (co-channels) and progressively weaker for stations that are one (first-adjacent), two (second-adjacent), or three (third-adjacent) channels apart. See 47 C.F.R. � 73.207. from reducing or eliminating interference protections other than third-adjacent channel minimum distance separation requirements, and that the NAB's challenges under the APA are either unripe or unpersuasive. Accordingly, we deny the petition in part and dismiss it in part. I. In January 2000, the Commission adopted rules authorizing LPFM radio service in order to "provide opportunities for new voices to
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  • LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 09/13/2010 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , LIVE OAK 100.1 MHZ E FL CP New Station. Engineering Amendment filed 03/10/2010 Engineering Amendment filed 03/12/2010 Dismissed by letter 9/13/2010 (47 CFR Section 73.207 violation) ANGEL MINISTRIES OF LAKE CITY NEW 185026 BNPED-20100225ADR FL , WEISER 97.3 MHZ E ID CP New Station. Dismissed by letter 9/13/2010 (47 CFR Section 73.211 violation) BLESSED SACRAMENT CATHOLIC CHURCH OF ONTARIO, INC. NEW 185010 BNPED-20100226ACY ID , PINCKNEYVILLE 104.3 MHZ E IL CP New Station. PINCKNEYVILLE COMMUNITY RADIO NEW 184973 BNPED-20100226AIB IL , HORSESHOE BEACH 94.7 MHZ
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  • PA 09/16/2010 Actions of: DIGITAL TV APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , SCRANTON CHAN-49 E PA Minor change in licensed facilities, callsign WNEP-TV. LOCAL TV PENNSYLVANIA LICENSE, LLC WNEP-TV 73318 BPCDT-20080620AEZ PA FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , MADISON 100.9 MHZ E IN CP New Station. Dismissed by letter 9/16/2010 (47 CFR Section 73.207 violation) CORNERSTONE COMMUNITY FELLOWSHIP AT MADISON, INC. NEW 184954 BNPED-20100226ABY IN Page 2 of 12 Broadcast Actions 9/21/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47325 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302227A1.pdf
  • CHRISTIAN VISION INC. UT BEAVER , UT BMPED-20101014AAM 90.7 MHZ E Mod of CP to chg FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 185026 ANGEL MINISTRIES OF LAKE CITY FL LIVE OAK , FL BNPED-20100225ADR 100.1 MHZ E CP New Station. Engineering Amendment filed 03/10/2010 Engineering Amendment filed 03/12/2010 Dismissed by letter 9/13/2010 (47 CFR Section 73.207 violation) Petition for Reconsideration Filed 10/05/2010 by Angel Ministries of Lake City Page 6 of 7 Broadcast Applications 10/19/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.27344 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302306A1.pdf
  • 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 185026 ANGEL MINISTRIES OF LAKE CITY FL LIVE OAK , FL BNPED-20100225ADR 100.1 MHZ E CP New Station. Engineering Amendment filed 03/10/2010 Engineering Amendment filed 03/12/2010 Dismissed by letter 9/13/2010 (47 CFR Section 73.207 violation) Engineering Amendment filed 09/30/2010 Petition for Reconsideration Filed 10/05/2010 by Angel Ministries of Lake City Petition for Reconsideration denied by letter 10/19/2010 Page 12 of 12
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302425A1.pdf
  • sent Petitions to deny must be on file no later than 30 days from the date of this public notice accepting the application for filing. FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 184954 CORNERSTONE COMMUNITY FELLOWSHIP AT MADISON, INC. IN MADISON , IN BNPED-20100226ABY 100.9 MHZ E CP New Station. Dismissed by letter 9/16/2010 (47 CFR Section 73.207 violation) Engineering Amendment filed 10/04/2010 Petition for Reconsideration granted and application reinstated nunc pro tunc 10/25/10 (no letter sent) Page 10 of 11 Broadcast Applications 10/28/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.27351 CALL LETTERSAPPLICANT AND LOCATION N A T
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304964A1.pdf
  • INC. WYBA 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308218A1.pdf
  • News media information REPORT NO.47522 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 06/30/2011 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , MADISON 100.9 MHZ E IN CP New Station. Dismissed by letter 9/16/2010 (47 CFR Section 73.207 violation) Engineering Amendment filed 10/04/2010 Petition for Reconsideration granted and application reinstated nunc pro tunc 10/25/10 (no letter sent) 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. CORNERSTONE COMMUNITY FELLOWSHIP AT MADISON, INC. NEW 184954 BNPED-20100226ABY IN , GOLDEN
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313685A1.pdf
  • CHAN-9 E NC Voluntary Transfer of Control From: DANBETH COMMUNICATIONS, INC. To: CLASS B MEMBERS OF SKY TELEVISION, L.L.C. Form 315 SKY TELEVISION, L.L.C. WSKY-TV 76324 BTCCDT-20120223ADP NC 04/19/2012 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , RUIDOSO 89.3 MHZ E NM Mod of CP to chg Dismissed by letter 4/19/2012 (47 CFR Section 73.207 violation) EASTERN NEW MEXICO UNIVERSITY KENP 174723 BMPED-20120405ACM NM Page 1 of 9 Broadcast Actions 4/24/2012 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47723 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L
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  • Rcd at 2228, � 58. NPR Petition at 10. ``Superpowered'' FM stations have been authorized to operate with facilities that exceed the ERP/HAAT limitations of �73.211 or �73.511 for their specific class of station. Jurison Petition at 2-3. All full service stations operating in the non-reserved band, regardless of facilities, must be protected under the provisions of 47 C.F.R. � 73.207 (distance separations based upon maximum class facilities) or � 73.215 (lesser separation requirements based upon the lack of contour overlap with maximum class facilities). See 47 C.F.R. � 73.509. 47 C.F.R. � 73.807. Report and Order, 15 FCC Rcd at n.145. Report and Order, 15 FCC Rcd at 2241, � 93. NPR Petition at 25. See discussion in � 5-18.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-368A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-368A1.pdf
  • Reply Comments Appendix C: New Class C0 FM Minimum Distance Separation Requirements Appendix D: Rule Changes Adopted by the Commission INTRODUCTION This Second Report and Order continues the Commission's wide-ranging reform of the Mass Media Bureau's radio technical rules. We amend the Section 73.215(e) spacing table to afford second- and third-adjacent channel stations minimum relief of six kilometers from Section 73.207(a) spacing requirements. We also expand the types of facility changes covered by our expedited one-step licensing procedures and provide additional flexibility for service improvements by commercial FM stations in Puerto Rico and the United States Virgin Islands. In addition, we adopt several changes in our rules governing noncommercial educational FM (``NCE FM'') stations, modifying the second-adjacent channel interference standard to
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  • and Order, 15 FCC Rcd 19,208 (2000). 47 U.S.C. � 301. See 47 C.F.R � 73.807. LPFM R&O at 2246 (para. 104). See Creation of a Low Power Radio Service, Notice of Proposed Rulemaking, 14 FCC Rcd. 2471, 2488-89 (1999) (``LPFM NPRM''). See 47 C.F.R. �� 73.211, 73.811. See, e.g., 47 C. F.R. � 73.509(a). Id. See 47 C.F.R. � 73.207; 73.215 (e). See 47 C.F.R. 73.807, Introductory Note ``For second-adjacent channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870
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  • of Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15930, � 25 (1998). Rule Making Petition, � 3. KHTZ and HCBI's proposed station at Thorndale are 44 kilometers apart; the minimum spacing between co-channel Class A and C3 stations is 142 kilometers. 47 C.F.R. �73.207(b)(1). Letter to Jeffrey D. Southmayd, Esq. and Henry E. Crawford, Esq., Ref. No. 1800B3-TSN (Audio Services Division, Mass Media Bureau, December 20, 1999). Notice of Proposed Rule Making, In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Thorndale, Texas), RM-9675, MM Docket No. 99-243 (July 2, 1999). Application for Review, �� 9-12. Petition for Reconsideration,
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  • 17115 (``Forfeiture Policy Statement''). 47 U.S.C. � 503(b)(2)(D); see also 47 C.F.R. � 1.80(b)(4). Cf. Federal Communications v. WOKO, Inc., 329 U.S. 223, 227 (1946) (even seemingly ``useless'' deceptions are of concern). 47 C.F.R. � 1.80(f)(3). The construction permit for the upgrade had been tolled pursuant the Commission's revised construction rules. See 47 C.F.R. � 73.3589. See 47 C.F.R. � 73.207. Cut and Shoot, Texas, 11 FCC Rcd 16383 (M.M.B. 1996). Streamlining of Radio Technical Rules, 14 FCC Rcd 5272, n.45 (1999). Amendment of Table of Allotments (Amherst and Lynchburg, Virginia), 11 FCC Rcd 5247 (M.M.B. 1996). See File No. BLH-19970924KE. 47 C.F.R. � 73.207. Cut and Shoot, Texas, 11 FCC Rcd at 16383-84. See 47 C.F.R. � 73.3517 (1996), modified
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  • are not required by the Administrative Procedure Act to issue separate notices for every channel under consideration. The release of the Notice of Proposed Rule Making in MM Docket No. 00-148 placed all parties on constructive notice that a rulemaking proceeding was occurring regarding the communities at issue and that an alternative, potentially preclusive allotment could occur. 47 C.F.R. � 73.207(b). See Pinewood, South Carolina, supra. Our FM allotment procedure also meets the ``logical outgrowth'' test applied by the Court of Appeals to determine whether a rulemaking action was based upon adequate notice and opportunity for public participation. See Weyerhaeuser Company v. Costle, 590 F. 2d 1011, 1031 (D.C. Cir. 1978); Owensboro on the Air v. United States, 262 F. 2d702
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  • competing expression of interest. In considering a reallotment proposal, we compare the existing allotment to the proposed allotment to determine whether the reallotment would result in a preferential arrangement of allotments. We make this determination using the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures. 3. The Report and Order waived the provisions of Section 73.207 of the Commission's rules to allow Susquehanna to change its community of license from Albemarle to Indian Trail, North Carolina, despite the fact that the new allotment was not fully spaced, because it would eliminate two existing short-spacings and significantly reduce a third short-spacing, permit an increase in WABZ's station facilities to 6 kilowatts effective radiated power at 100 meters
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  • of the alleged unpredictable interaction of undesired and desired signals in radio receivers at high signal levels, EMF has demonstrated that the U/D ratio area is unpopulated, and thus there will be no receivers in the predicted interference area. Id. Grandfathered short-spaced FM stations are stations that do not meet the minimum spacing requirements set forth in 47 C.F.R. Section 73.207 but which were authorized prior to the adoption of the FM Table of Allotments and spacing standards, i.e., prior to November 16, 1964. See, e.g., Grandfathered Short-Spaced FM Stations, 12 FCC Rcd 11840, 11843, � 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed) referencing Board of
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  • We also seek comment on the source of our authority to act on RIAA's concerns if there is substantial evidence of harm on the record. Could we reasonably conclude that free over-the-air radio broadcasting would be threatened by digital audio copying to an extent sufficient to invoke our public interest authority under Section 4(i) of the Act? International Issues Section 73.207 discusses international agreements relating to FM broadcasting. The rule states that under the Canada-United States FM Broadcasting Agreement, domestic U.S. allotments and assignments within 320 kilometers (199 miles) of the common border must be separated from Canadian allotments and assignments by not less than the distances provided in the Commission's rules. It also states that under the 1992 Mexico-United States
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  • mutually 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
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  • in a separate proceeding. The reference coordinates for the Channel 247C2 allotment at Waskom, Texas, are 32-29-36 and 93-45-55. In this situation, the Channel 300C2 allotment at Oil City and the Channel 247C2 allotment at Waskom are mutually exclusive as required by Section 1.420(i ) of the rules due to a 10.8 mHz I.F. separation requirement set forth in Section 73.207(b) of the rules. 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) (``Community of License''). 90 FCC 2d 88 (1988). The FM allotment priorities are: (1) First fulltime aural service,; (2) Second fulltime aural service; (3) First local service; and (4)
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  • awarded one point under the LPFM comparative point system. See 47 C.F.R. �� 74.1201 (h) and (i). 12/8/04 MAP Ex Parte; see also Testimony of Harry Kozlowski, WCNH-LP, LPFM Forum (Feb. 8, 2005); Testimony of Jon Gerbracht, WEES-LP, LPFM Forum (Feb. 8, 2005). See 2001 D.C. Appropriations Act. Report and Order, 15 FCC Rcd at 2232-35. See 47 C.F.R. � 73.207. Report and Order, 15 FCC Rcd at 2233. 47 C.F.R. � 74.1203(a). In contrast, an LPFM station may continue to operate when it would cause interference within the 60 dBu contour (but not 70 dBu contour) of a full service FM station. In addition, if an LPFM station is predicted to cause interference within a full service station's 70 dBu
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  • a joint Jones/Big City proposal to resolve the technical conflict between the Murrieta and Fallbrook proposals. Finally, the R&O allotted Channel 281A to Murrieta as that community's first local transmission service. The R&O set forth three reasons for denial of the upgrade of Station KSSE(FM), Arcadia, to Channel 296B1. First, the upgrade proposal would be short-spaced in violation of Section 73.207 of the Commission's Rules to second-adjacent Stations KROQ-FM, Channel 294B, Los Angeles, California, and KLVE(FM), Channel 298B, Los Angeles. The R&O rejected Big City's contention that its Class B1 upgrade proposal is exempt from meeting the second-adjacent channel separations of Section 73.207 by operation of Section 73.213(a)(4) of the Commission's Rules. The R&O found that this exemption permits a pre-1964,
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  • community not defined as major in Section 73.3573(a) of this part. Applications for a change in community of license must comply with the requirements set forth in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of � 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in �� 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with �� 73.207 and 73.315 without resort to �� 73.213 through 73.215.
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  • 26 (1966). Douglas E. Smith Comments at 5; Radio Kings Bay, Incorporated Comments at 5; and Mohnkern Electronics, Inc. Reply Comments at 1. See 19 FCC Rcd at 7521-26. See DAB R&O, 17 FCC Rcd at 20006, n.73. 19 FCC Rcd at 7532. The Commission has rules pertaining to FM broadcasting and international agreements relevant to the service. Specifically, Section 73.207 states that under the Canada-United States FM Broadcasting Agreement, domestic U.S. allotments and assignments within 320 kilometers (199 miles) of the common border must be separated from Canadian allotments and assignments by not less than the distances provided in the Commission's rules. It also states that under the 1992 Mexico-United States FM Broadcasting Agreement, domestic U.S. assignments or allotments within
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  • Petitions for Rule Making to Amend the Table of FM Allotments, Memorandum Opinion and Order, 8 FCC Rcd 4743, 4745 (1993) (noting that the risk of preclusion ``could in large part be minimized by filing a counterproposal at the earliest possible time''); see also Pinewood, South Carolina, Memorandum Opinion and Order, 5 FCC Rcd 7609 (1990). See 47 C.F.R. � 73.207(b)(1). (...continued from previous page) (continued....) Federal Communications Commission FCC 08-18 Federal Communications Commission FCC 08-18 , / Y g h s � � � � � h� hn h� h� � � F � Ya � � n
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  • Channel 218A at Bridgeport and Fremont, Michigan. In addition, FM allotment rulemaking 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
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  • FM translator stations, and FM booster stations.''). Because broadcast station signals are subject to interference from other signals on the same or nearby frequencies within the same geographic area, the Commission's commercial FM and LPFM rules impose spacing requirements to protect prior filed applications and authorized stations that operate on co-, first-, second-, or third-adjacent channels. See 47 C.F.R. �� 73.207(b) and 83.807. An FM booster station is limited to same-channel transmissions of its primary station. A booster may be owned only by the primary station licensee and may only provide service within the protected contour of the primary station. See 47 C.F.R. �� 74.1201(f) and 74.1231(i). In these circumstances, the required protection of the primary station provides significant and continuing
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  • for Review at 5. The required spacing between co-channel Class A and C2 stations is 166 kilometers whereas the actual distance between the proposed Channel 243C2 at Lago Vista, Texas and the proposed allotment of Channel 243A at Evant, Texas, is approximately 117 kilometers. See Joint Petitioners' Counterproposal, Engineering Statement at Exhibit E, Figure 46. See also 47 C.F.R. � 73.207(b), Table A (minimum distance separation requirements). Counterproposal at 25, � 44. Amboy, California, Report and Order, 19 FCC Rcd 12404, 12408, � 9 (MB 2004) (dismissing a counterproposal because of a conflict with a previously filed, cut-off allotment proposal in another proceeding); and Saint Joseph, Clayton, Ruston, and Wisner, Louisiana, Memorandum Opinion and Order, 21 FCC Rcd 2254, 2256 (MMB
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  • FM translator stations, and FM booster stations.''). Because broadcast station signals are subject to interference from other signals on the same or nearby frequencies within the same geographic area, the Commission's commercial FM and LPFM rules impose spacing requirements to protect prior filed applications and authorized stations that operate on co-, first-, second-, or third-adjacent channels. See 47 C.F.R. �� 73.207(b) and 83.807. Although the Commission initially declined to impose third-adjacent channel spacing requirements on LPFM stations, Congress mandated such requirements in 2000. See Creation of a Low Power Radio Service, Second Report and Order, 16 FCC Rcd 8026 (2001). See also Fifth Report and Order, Further Notice of Proposed Rulemaking and Third Order on Reconsideration, MM Docket No. 99-25, FCC
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • Requirements..5 5 1. Second-Adjacent Channel Interference Ratios for Predicting Prohibited Overlap in the Reserved Band.......................55 2. Minimum Coverage of the Community of License by NCE FM Stations....57 3. Revisions to Class D Rules.....................................59 IV. Minor Rule Changes...................................................69 V. Administrative Matters.................................................75 Appendix A: Initial Regulatory Flexibility Analysis Appendix B: Point-to-Point Contour Prediction Model Appendix C: Prohibited and Interfering Contours under Section 73.207 in Puerto Rico and the U.S. Virgin Islands Appendix D: Minor Rule Changes Adopted by the Commission I. Introduction 1. This Notice of Proposed Rulemaking and Order continues the Commission's broad-based initiative to streamline Mass Media Bureau rules, policies and licensing procedures. This proceeding, which Federal Communications Commission FCC 98-117 1 Notice of Proposed Rulemaking, 1998 Biennial Regulatory Review --
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  • Digital Television Spectrum, Notice of Proposed Rule Making in MM Docket No. 97-247, 12 FCC Rcd 22821 (1997). We note that Eureka-147 systems evidently allow broadcasters to offer subscription services such as concerts. Comments of Lucent at 15. The Commission's rules protect commercial FM stations from interference within specified service contours based on class maximum facilities. See 47 C.F.R. � 73.207. A USADR-commissioned study of the FM interference environment found that ``within the protected contour the majority of stations-approximately 90 percent-lose less than 10 percent of their predicted coverage to interference . . . The median station serves approximately 60 percent of its potential noise limited coverage area [defined in the study as the predicted 44 dBu service area].'' Petition, Appendix
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  • using North American Datum 27 (NAD 27) coordinates. Please indicate North or South Latitude, and East or West Longitude. Item 4: One-Step Proposal Allotment Coordinates. If proposing a one-step facility modification, the proposed allotment site must be specified using NAD27 coordinates. One-step allotment sites must comply with the requirements in Section 73.203(b) (allotment site must be fully spaced under Section 73.207, and allotment must provide 70 dBu coverage to 100% of the community of license pursuant to Section 73.315). If the application is not for a one-step facility modification, 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
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • 58. 68 NPR Petition at 10. 69 "Superpowered" FM stations have been authorized to operate with facilities that exceed the ERP/HAAT limitations of �73.211 or �73.511 for their specific class of station. 70 Jurison Petition at 2-3. 71 All full service stations operating in the non-reserved band, regardless of facilities, must be protected under the provisions of 47 C.F.R. � 73.207 (distance separations based upon maximum class facilities) or � 73.215 (lesser separation requirements based upon the lack of contour overlap with maximum class facilities). 72 See 47 C.F.R. � 73.509. Federal Communications Commission FCC 00-349 24 would receive excessive interference from superpowered stations, despite being located at distances where our rules73 state that there would be "no interference received." While
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  • Appendix C: New Class C0 FM Minimum Distance Separation Requirements Appendix D: Rule Changes Adopted by the Commission I. INTRODUCTION 1. This Second Report and Order continues the Commission's wide-ranging reform of the Mass Media Bureau's radio technical rules.1 We amend the Section 73.215(e) spacing table to afford second- and third-adjacent channel stations minimum relief of six kilometers from Section 73.207(a) spacing requirements.2 We also expand the types of facility changes covered by our expedited one-step licensing procedures and provide additional flexibility for service improvements by commercial FM stations in Puerto Rico and the United States Virgin Islands. In addition, we adopt several changes in our rules governing noncommercial educational FM ("NCE FM") stations, modifying the second-adjacent channel interference standard to
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  • and Order, 15 FCC Rcd 19,208 (2000). 47 U.S.C. � 301. See 47 C.F.R � 73.807. LPFM R&O at 2246 (para. 104). See Creation of a Low Power Radio Service, Notice of Proposed Rulemaking, 14 FCC Rcd. 2471, 2488-89 (1999) (``LPFM NPRM''). See 47 C.F.R. �� 73.211, 73.811. See, e.g., 47 C. F.R. � 73.509(a). Id. See 47 C.F.R. � 73.207; 73.215 (e). See 47 C.F.R. 73.807, Introductory Note ``For second-adjacent channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870
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  • ARTS AND THE COMMUNITY REQ: 97.9 MHz Channel No. 250 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, H.R. 4942, enacting into law H.R. 5548, 106th Congress, Title VI, Sec. 632 (2000). Consistent with established full service protection criteria, the staff has applied identical second and third-adjacent spacing requirements. See, e.g., 47 C.F.R. � 73.207(a) ``Minimum distance separation between stations.'' See FCC Form 318, ``Application for Construction Permit for a Low Power FM Broadcast Station,'' Section II Question 8. ( ``The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed
• http://transition.fcc.gov/fcc-bin/audio/73207.html
  • Content-Transfer-Encoding: 8bit Announcing a new FCC.gov. Tell us what you think and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division FM Broadcast Station Spacing Requirements (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing (73.207) [14]Canada [15]Mexico [16]Chan 253 [17]LPFM [18]Skip Breadcrumb Site Navigation Links [19]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [20]Help | [21]Advanced | [22]Share [MB Shortcuts:........] Start Shortcut [23]Media Bureau Home [24]Bureau Documents [25]MB Divisions MB Divisions [26]Office of the Bureau Chief [27]Audio Division [28]Video Division [29]Policy Division [30]Industry Analysis Division [31]Engineering Division [32]Management and Resources Staff __________________________________________________________________ The
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  • defect was due to the specification of incorrect coordinates [for Channel 292A at Premont] and the current freeze on filing new petitions [for rule makings] necessitates filing this [petition for] reconsideration."2 They now propose new reference coordinates for Channel 292A at Premont to eliminate the short spacing, and state that there is Commission precedent for modifying 1 47 C.F.R. � 73.207. 2 Petition for Reconsideration at 1. See also Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Notice of Proposed Rule Making, 20 FCC Rcd 11142 (2005). Federal Communications Commission DA 05-2506 2 reference coordinates of vacant allotments.3 Petitioners assert that there is also precedent for the Media
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  • and Hudson Falls, NY, Report and Order, 16 FCC Rcd 13305 (MMB 2001) (the totality of service improvements resulting from a proposed change of community proposal are taken into account when determining whether an allotment proposal should be approved); and Chillicothe, Dublin, Hillsboro, and Marion, OH, Report and Order, 20 FCC Rcd 6305 (MB 2005), recon. pending. 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1004 Federal Communications Commission DA 06-1004 � S W f j q u � � � � � � F 0 �
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  • by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated
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  • Petitioner filed comments, submitted a Tuck showing, and reiterated its expression of interest in the reallotment of Station WVEK-FM to Weber City. DISCUSSION Although the NPRM/OSC solicited comment on the Petitioner's proposal, we now recognize that there is a short-spacing with one of the related channel changes. Accordingly, the proposal must be denied because it fails to comply with Section 73.207(a) of the Commission's rules. Specifically, the proposed substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of the license for Station WOLD-FM, accordingly, is 6.6 and 0.6 kilometers short-spaced to two mutually exclusive applications for a new FM station on Channel 273A at Shawsville, Virginia. These applications were filed in 1997 under the contour protection provisions
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  • site of Station WOGF(FM), a pre-1964 grandfathered station. 2. In our letter returning Keymarket's petition for rule making, we noted that reallotment of Channel 282B at the proposed site would increase WOGF(FM)'s short-spacing to WPGB(FM), Channel 284B, Pittsburgh, Pennsylvania, by approximately 2.8 kilometers. We explained that the Commission's policy is to grant no waivers of the spacing requirements of Section 73.207 of the Commission's Rules in considering the allotment of an FM channel. We further stated that waiver of the rule has been granted for proposals that would decrease an existing short-spacing, but we could not consider a proposal that would exacerbate an existing short-spacing. For that reason, we returned Keymarket's petition for rule making as unacceptable for filing. 3. In
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  • (``Arkansas Valley''), licensee of Station KSBV(FM), Salida, Colorado separately filed comments. No other comments or counterproposals were received in this proceeding. Background. The Audio Division, on its own motion, proposed the removal of vacant Channel 228A at Aspen, Colorado and Channel 228A at Leadville, Colorado because these allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In response to the Notice, Jacor Broadcasting filed comments expressing an interest in applying for a new construction permit for Channel 228A at Aspen, Colorado. Jacor Broadcasting states that Channel 228A at Leadville should be deleted from the FM Table of Allotments because the allotment is no longer technically feasible or viable. Arkansas Valley filed comments
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  • opened at this time. Instead, the issue of opening this allotment for auction will be addressed by the Commission in a subsequent order. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. For further information concerning this proceeding, contact Victoria M. McCauley, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See Section 73.207(b)(1). The distance between the required site for requested Channel 246A at Homerville and the license site of Station WKQL(FM) is 152 kilometers. A minimum distance separation of 165 kilometers is required in this instance. However, if Station WKQL(FM) is reclassified to operate as a Class C0 facility, the short spacing issue will be eliminated. The petition was signed by Clyde
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  • City, Texas, BPH-19990217IB, are 33-51-40 NL and 98-38-52 WL. The Joint Parties propose to change those coordinates to 33-32-30 NL and 98-46-30 WL. See ``Request for Approval of Withdrawal'' filed by Linda Crawford on June 21, 2006. See ``Request for Approval of Withdrawal'' filed by Jeraldine Anderson on June 22, 2006. See 47 C.F.R. � 1.420(j). See 47 C.F.R. �� 73.207 and 73.208. Archer City, Texas, Report and Order, 18 FCC Rcd 15,532 (MB 2003) (``Archer City R&O''). The construction permit (BPH-19990217IB) for FM Station KRZB, Channel 248C2, Archer City, Texas, was reinstated on January 12, 2006. See Broadcast Applications, Report No. 26152, Public Notice (Media Bur., rel. Jan. 17, 2006). See Claremont, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas,
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  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. $ $ � (R) � � h�C ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i
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  • Rcd 1004 (MMB 1990); and Blanchard, LA, and Stephens, AR, Memorandum Opinion and Order, 10 FCC Rcd 9828, 9829 (1995) (small population difference between communities is dispositive in comparing mutually exclusive proposals for first local services). A staff engineering analysis reveals that neither the existing nor the proposed arrangement of allotments would trigger Priorities (1) or (2). 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 06-2561 Federal Communications Commission DA 06-2561 � � � ; ? g k s t � � � � F 9 0 0 �iq �iq �iq �iq �iq �iq �iq �iq
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  • 2006 Comment Date: February 12, 2007 Reply Comment Date: February 27, 2007 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, proposes the removal of two vacant allotments, Channel 282C3 at Boswell, Oklahoma and Channel 282C2 at Detroit, Texas. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In this instance, there are no alternate channels available to resolve the existing conflict. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal. 2. Boswell is a town with a 2000 U.S. Census population of 703 persons. Channel 282C3 at Boswell, Oklahoma was allotted in MB Docket No. 01-136, as
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  • Ohio. NABC acknowledges that its minor change application for Station WTDA(FM) would be short spaced to the Station WJZA(FM) Pickerington rulemaking proposal and suggests an alternate site for the Pickerington allotment so that both proposals can be accommodated. NABC also acknowledges its conflict with the license site for Station WPAY-FM, but argues that it has requested a waiver of Sections 73.207 and 73.3517 of the rules in its application. NABC recognizes that its application is contingent on Station WPAY(FM)'s reclassification as a Class C0 which would occur only if Station WPAY fails to complete its construction as a full Class C at a new site in accordance with its outstanding construction permit. We are dismissing the NABC application. In 2001, NABC
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  • lead to denial of the request.'' Id. at 739 The NPRM established a comment deadline of March 5, 2001; and Hedrick's comments were received at the Commission on March 7, 2001. See 47 C.F.R. � 73.202(a)(1), which provides that channels in the non-reserved FM band designated with an asterisk may be used only by NCE stations. See 47 C.F.R. � 73.207. The required spacing between Channel 245A at Butler and Channel *245A at Reynolds is 115 kilometers whereas the actual spacing between these proposals is 11.6 kilometers. See Santa Isabel, PR and Christiansted, VI, 3 FCC Rcd 2336 (1988), aff'd. sub nom. Amor Family Broadcasting v. FCC, 918 F.2d 960 (D.C. Cir. 1990). Although BK Radio (``BK'') submitted an expression of
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  • currently licensed to Fernandina Beach. Channel 287A can be allotted to Yulee in conformity with the Commission's rules, provided there is a site restriction of 10.6 kilometers (6.6 miles) southeast of the community, using reference coordinates 30-34-00 NL and 81-31-30 WL. The transmitter site for FM Station WSJF can be relocated, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 7.0 kilometers (4.3 miles) south of the community, using reference coordinates 29-46-53 NL and 81-15-25 WL. See Faye and Richard Tuck, 3 FCC Rcd 5374 (1998) (``Tuck'') and RKO General, 5 FCC Rcd 3222 (1990) (``KFRC''). (...continued from previous page) (continued....) Federal Communications Commission DA 06-344 Federal Communications Commission
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  • Channel 235A for vacant Channel 265A at Bairoil and Channel 267C for vacant Channel 262C at Sinclair. Channel 235A can be allotted to Bairoil, Wyoming in conformity with the Commission's rules without a site restriction at coordinates 42-14-40 NL and 107-33-32 WL. Moreover, Channel 267C can be allotted to Sinclair, Wyoming consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 9.6 kilometers (6 miles) west of the community at coordinates 41-46-19 NL and 107-13-40 WL. 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).
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  • to Commission consent. (File No. BALH-20010806ABH). CCC is now the licensee of Station KNBB(FM). For simplicity of exposition, we refer to each entity as CCC. This section permits upgrades of FM stations on mutually exclusive co-channels or adjacent channels without affording other interested parties an opportunity to file competing expressions of interest in the upgraded channel. See 47 C.F.R. � 73.207. The required spacing between Channel 257C2 at Ruston and Channel 257C3 at Saint Joseph is 177 kilometers whereas the actual spacing between these proposals is 155.8 kilometers. The required spacing between Channel 300C3 at Saint Joseph and Channel 300C3 at Wisner is 153 kilometers whereas the actual spacing between these proposals is 12.1 kilometers. See, e.g., Fort Bragg, CA, 6
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  • the minimum effective radiated power for a Class C3 facility be not less than 6 kilowatts. 5. The two alternate transmitter sites suggested by East Kentucky are also technically defective. The first alternate site (37-23-24 NL and 82-29-14 WL) is short-spaced to Station WZAQ, Channel 222A, Louisa, Kentucky, and Station WWJD, Channel 219C3, Pippa Passes, Kentucky, in contravention of Section 73.207 (b) of the rules. In addition, using the 3 second terrain database, there is a major terrain obstruction located 4.9 kilometers (3.04 miles) from the proposed transmitter site. Finally, in regard to the second alternate site (37-23-24 NL and 82-24-04 WL), our engineering study has identified multiple terrain obstructions preventing the requisite line-of-site and 70dBu coverage of Cole Run. Using
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  • and the change of community, which does not involve a change in transmitter site, would not increase the signal coverage of that urbanized area. Under the circumstances, no Tuck analysis is necessary. 5. Station WCTZ(FM) is a pre-1964 station with grandfathered short-spacings. We recognize that the proposed change of community would create a new short-spaced allotment in contravention of Section 73.207 of the Commission's rules. We have held, however, that a grandfathered FM station that was in compliance with the Commission's rules when authorized should be allowed to change its community of license at its existing transmitter site. 6. Port Chester, New York, an incorporated village of 27,867 persons, is deserving of its own local service. For all of the foregoing
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  • allotment of Channel 276 C to Kanab, Joint Parties I proposed channel changes at Fredonia, First Mesa, and Teec Nos Pos, Arizona. See, e.g., Broken Arrow and Bixby, Oklahoma, Memorandum Opinion and Order, 3 FCC Rcd 6507, 6511 (MMB 1988); Springdale, Arkansas, Carthage et al., Missouri, Memorandum Opinion and Order, 5 FCC Rcd 1241 (MMB 1990). See 47 C.F.R. � 73.207. Holbrook, Arizona, Report and Order, 15 FCC Rcd 10893 (MMB 2000). On March 27, 2007, the Media Bureau granted Petracom of Holbrook, L.L.C.'s construction permit application implementing the channel change from Channel 221C1 to Channel 253C1 (File No. BPH-20061222ACL). Memorandum Opinion and Order, 17 FCC Rcd 14472 (MB 2002). The FM allotment priorities are: (1) first fulltime aural service; (2)
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  • of the community. In order to have consistency with the U.S. Census, we hereby make an editorial correction to 47 C.F.R. � 73.202(b) and change the listing for these channels to Shasta Lake. Because of this editorial change, we will send courtesy copies of this Report and Order to the licensees of the Shasta Lake stations. See 47 C.F.R. � 73.207. The FM allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. [Co-equal weight is given to priorities (2) and (3).] See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). Birdsill states that the reference coordinates for this antenna
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  • of Part 73 of the Commission's Rules concerning Low Power FM Broadcast Stations (LPFM), which is not applicable to ICRC's current desire to change the operating channel of its Translator Station W230AR. See, e.g., Parker, Arizona, Report and Order, 17 FCC Rcd 9578, 9579 (MB 2002), and cases cited therein. See the cases cited in note 7, supra. See Sections 73.207 and 73.209 of the Commission's Rules. 47 C.F.R. �� 73.207 and 73.209. See also Cordele, Georgia, et al., Report and Order, 12 FCC Rcd 9777, 9780 (MMB 1997). Id. 47 C.F.R. � 1.420(i). Under our recently adopted rule changes in MM Docket No. 05-210, Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License
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  • Texas. Charles Crawford (``Crawford'') filed comments. No other comments or counterproposals were received in this proceeding. Background. The Audio Division, on its own motion, proposed the removal of vacant Channel 282C3 at Boswell, Oklahoma or Channel 282C2 at Detroit, Texas because the distance between the reference coordinates for these allotments is less than the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. In response to the Notice, Crawford filed comments, expressing an interest in applying for a new construction permit for Channel 282C2 at Detroit, Texas. Discussion. No comments were received expressing an interest in Channel 282C3 at Boswell. In this regard, it is Commission policy to refrain from maintaining an allotment in instances were there are no
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  • ORDERED, That the aforementioned proceeding IS TERMINATED. 19. For further information concerning this proceeding, contact Rolanda F. Smith, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See Meeteetse, Wyoming, Notice of Proposed Rule Making, 20 FCC Rcd 12967 (MB 2005)(``Notice''). This proposed substitution would bring the Meeteetse allotment into compliance with Section 73.207(b) of the Commission's Rules (the ``Rules''). See 47 C.F.R. � 73.207(b). Station KAOX(FM) now has a license to specify operation on Channel 297C2 in lieu of Channel 297C1 at Kemmerer. See File No. BLH-20050404ACZ. Station KKWY has been granted a construction permit to specify operation on Channel 293C1 at Superior, Wyoming. See File No. BNPH-20041228AAC. As such, the Joint Proponents
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  • FM Table of Allotments with respect to four vacant FM channels, as set forth below. 3. In order to allot Channel 240C0 to Jacksboro and Channel 239C3 to Frederick, petitioner requests that the Commission change the channel of the vacant allotment at Rule, Texas, from Channel 239C2 to Channel 288C2. Channel 288C2 can be allotted at Rule, consistent with Section 73.207 of the Commission's rules, provided that the vacant allotment at Knox City, Texas, is changed from Channel 291A to Channel 293A, as further proposed by petitioner. To accommodate the allotment of Channel 293A at Knox City, petitioner proposes that the Commission change the channel of the vacant allotment at Crowell, Texas, from Channel 293C3 to Channel 255C3. Finally, in order
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  • 1110 kHz, and an outstanding construction permit for a new FM station on Channel 298C2 (File No. BNPH-20070226AEQ). In addition, two reserved band FM applications are pending for Channels 205 and 209 at Kiheii that are in the same mutually exclusive group, consisting of several dozen applications. See File Nos. BNPED-20071012AEF and BNPED-20071022BDI. See File No. BNPH-20070723AEJ. 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 08-2439 Federal Communications Commission DA 08-2439 k � F = tm � <
• http://transition.fcc.gov/fcc-bin/audio/DA-08-275A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-275A1.pdf
  • the change of community of license of an authorized station. See, e.g., Cheboygan, et al., Michigan, Request for Supplemental Information, 17 FCC Rcd 20491 (MB 2002). Lakeshore's counterproposal is mutually exclusive with Rural Pima's rulemaking petition because Channel 285C3 at Davis-Monthan AFB is short-spaced to Channel 285A at Sells under the Commission's minimum distance separation requirements. See 47 C.F.R. � 73.207. We clarify that the reference coordinates for Channel 285A at Sells, Arizona, concurred to by the government of Mexico are 31-51-28 NL and 111-53-23 WL as a specially negotiated restricted allotment limited to 1.1 kW ERP and 100 meters HAAT or the equivalent along the 123.2 degree azimuth toward Station XHNI(FM), Channel 286B, Nogales, Sonora, Mexico. Letter to Pacific Broadcasting
• http://transition.fcc.gov/fcc-bin/audio/DA-08-31A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-31A1.pdf
  • of Channel 263A for then vacant Channel 274A at Glade Spring, Virginia; and (2) the substitution of Channel 273A for Channel 263A at Marion, Virginia, and the associated modification of Station WOLD-FM's license. The R&O denied JBL's proposal and terminated the proceeding because one of the related channel changes did not comply with the minimum distance separation requirements of Section 73.207(a) of the Rules. Specifically, the proposed substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of the license for Station WOLD-FM were short-spaced to two mutually exclusive applications for a new FM station on Channel 273A at Shawsville, Virginia. These applications were filed in 1997 under the contour protection provisions of Section 73.215 of the Commission's
• http://transition.fcc.gov/fcc-bin/audio/DA-09-1357A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-1357A1.pdf
  • See File No. BNPH-20080208AEJ. 47 C.F.R. � 1.420(g) (permitting, in the course of a rulemaking proceeding, the modification of the license or permit of an FM station in the non-reserved FM band to a higher class, non-adjacent channel in the same community provided that there is no other timely filed expression of interest in the non-adjacent channel). 47 C.F.R. � 73.207. The FM allotment priorities are (1) first full-time aural service; (2) second full-time aural service; (3) first local service; and (4) other public interest matters. Co-equal weight is given to priorities (2) and (3). See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). See File No. BNPH-20080211ABN. See supra note 5. Report
• http://transition.fcc.gov/fcc-bin/audio/DA-09-2264A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-2264A1.pdf
  • Bank, Montana. Background. The Notice proposed the substitution of Channel 265C1 for Channel 274C1 at Cut Bank to eliminate the short-spacing between Station KEAU's authorized transmitter site and the vacant Channel 274C1 at Cut Bank. The proposed Channel 265C1 substitution would prevent potential interference problems, and permit the future auction application for the Cut Bank allotment to comply with Section 73.207 of the Commission's Rules. Discussion. Accordingly, we are substituting Channel 265C1 for Channel 274C1 at Cut Bank. Channel 265C1 can be allotted to Cut Bank consistent with the minimum distance separation requirements of the Commission's Rules, with the imposition of a site restriction located 39.4 kilometers (24.5 miles) east of Cut Bank. The reference coordinates are 48-39-28 NL and 111-47-29
• http://transition.fcc.gov/fcc-bin/audio/DA-09-2269A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-2269A1.pdf
  • for Pyeatt. Although the Petitioners contend that the proposed allotment would be a first local service at Kingsland, we note that there is a pending application (File No. BNPED-20071015AFN) for a noncommercial, educational FM station on Channel 219 at Kingsland. This application is mutually exclusive with another application (File No. BNPED-20071016AIO) for Channel 219A at Llano, Texas. 47 C.F.R. � 73.207. There is an apparent short-spacing between Channel 284A at Kingsland and the licensed facilities for Station KXBT(FM), Channel 285A, Dripping Springs, Texas. However, the assignment for Station KXBT(FM) was modified to specify operation on Channel 285A at Bee Cave, Texas, in a construction permit (File No. BPH-20070119AER) granted on May 21, 2007. That authorization was further modified by a construction
• http://transition.fcc.gov/fcc-bin/audio/DA-09-2270A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-2270A1.pdf
  • licenses or construction permits for that community. We note that an application (File No. BNPED-20071018AOG) for a noncommercial, educational FM station at Kahuku was part of a mutually exclusive group of applications but was dismissed on May 8, 2009. See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclulsive Applications, 24 FCC Rcd 3973 (MB 2009). 47 C.F.R. � 73.207. 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 (February 9, 1981). (...continued from previous page) (continued....) Federal Communications Commission DA 09-2270 Federal Communications Commission DA 09-2270 � � F 8 � � � � 7 -
• http://transition.fcc.gov/fcc-bin/audio/DA-09-834A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-834A1.pdf
  • 1110 kHz, and an outstanding construction permit for a new FM station on Channel 298C2 (File No. BNPH-20070226AEQ). In addition, two reserved band FM applications are pending for Channels 205 and 209 at Kiheii that are in the same mutually exclusive group, consisting of several dozen applications. See File Nos. BNPED-20071012AEF and BNPED-20071022BDI. See File No. BNPH-20070723AEJ 47 C.F.R. � 73.207. (...continued from previous page) (continued....) Federal Communications Commission DA 09-834 Federal Communications Commission DA 09-834 � F q r � k k k
• http://transition.fcc.gov/fcc-bin/audio/DA-09-836A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-836A1.pdf
  • to Station KEAU's authorized site. Petitioner requests the proposed Channel 265C1 substitution to eliminate the short-spacing between Station KEAU's authorized transmitter site and the vacant Channel 274C1 at Cut Bank. Petitioner states that the Channel 265C1 substitution at Cut Bank will prevent potential interference problems, and permit the future auction application for the Cut Bank allotment to comply with Section 73.207 of the Commission's Rules. A staff engineering analysis indicates that Channel 265C1 can be allotted to Cut Bank consistent with the minimum distance separation requirements of the Commission's Rules, with the imposition of a site restriction located 39.4 kilometers (24.5 miles) east of Cut Bank. The reference coordinates are 48-39-28 NL and 111-47-29 WL. The proposed allotment of Channel 265C1
• http://transition.fcc.gov/fcc-bin/audio/DA-09-849A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-849A1.pdf
  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. 6 7 " � $ $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i
• http://transition.fcc.gov/fcc-bin/audio/DA-10-156A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-156A1.pdf
  • vacant FM channels. The Notice proposes the allocation of Channel 288C2 at Rule, Texas, in lieu of Channel 239C2, in order to facilitate a channel upgrade for FM Station KYBE, Frederick, Oklahoma, and a channel upgrade and change of community (from Mineral Wells to Jacksboro, Texas) for FM Station KFWR. Channel 288C2 can be allotted at Rule, consistent with Section 73.207 of the Commission's rules, provided that the vacant allotment at Knox City, Texas, is changed from Channel 291A to Channel 293A, as further proposed in the Notice. To accommodate the allotment of Channel 293A at Knox City, the Notice proposes that the channel of the vacant allotment at Crowell, Texas, be changed from Channel 293C3 to Channel 255C3. Finally, in
• http://transition.fcc.gov/fcc-bin/audio/DA-10-36A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-36A1.pdf
  • Order, 21 FCC Rcd 14212 (2006). 47 C.F.R. � 1.420(g) (permitting, in the course of a rulemaking proceeding, the modification of the license or permit of an FM station in the non-reserved FM band to a non-adjacent channel in the same community provided that there is no other timely filed expression of interest in the non-adjacent channel). 47 C.F.R. � 73.207. The required spacing between Channel 235A at Markham and Channel 235C at Ganado is 226 kilometers whereas the actual distance between these proposed allotments is 13.6 kilometers. See supra note 1. DA No. 09-846, rel. April 17, 2009. 24 FCC Rcd 4598 (MB 2009) (``OSC''). Specifically, KVIC states that it currently operates with a power of 6.5 kW pursuant to
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-119A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-119A1.pdf
  • a joint Jones/Big City proposal to resolve the technical conflict between the Murrieta and Fallbrook proposals. Finally, the R&O allotted Channel 281A to Murrieta as that community's first local transmission service. The R&O set forth three reasons for denial of the upgrade of Station KSSE(FM), Arcadia, to Channel 296B1. First, the upgrade proposal would be short-spaced in violation of Section 73.207 of the Commission's Rules to second-adjacent Stations KROQ-FM, Channel 294B, Los Angeles, California, and KLVE(FM), Channel 298B, Los Angeles. The R&O rejected Big City's contention that its Class B1 upgrade proposal is exempt from meeting the second-adjacent channel separations of Section 73.207 by operation of Section 73.213(a)(4) of the Commission's Rules. The R&O found that this exemption permits a pre-1964,
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • community not defined as major in Section 73.3573(a) of this part. Applications for a change in community of license must comply with the requirements set forth in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of � 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in �� 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with �� 73.207 and 73.315 without resort to �� 73.213 through 73.215.
• http://transition.fcc.gov/fcc-bin/audio/FCC-08-18A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-08-18A1.pdf
  • Petitions for Rule Making to Amend the Table of FM Allotments, Memorandum Opinion and Order, 8 FCC Rcd 4743, 4745 (1993) (noting that the risk of preclusion ``could in large part be minimized by filing a counterproposal at the earliest possible time''); see also Pinewood, South Carolina, Memorandum Opinion and Order, 5 FCC Rcd 7609 (1990). See 47 C.F.R. � 73.207(b)(1). (...continued from previous page) (continued....) Federal Communications Commission FCC 08-18 Federal Communications Commission FCC 08-18 , / Y g h s � � � � � h� hn h� h� � � F � Ya � � n
• http://transition.fcc.gov/fcc-bin/audio/FCC-08-222A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-08-222A1.pdf
  • Channel 218A at Bridgeport and Fremont, Michigan. In addition, FM allotment rulemaking 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
• http://transition.fcc.gov/fcc-bin/audio/FCC-11-105A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-11-105A1.pdf
  • FM translator stations, and FM booster stations.''). Because broadcast station signals are subject to interference from other signals on the same or nearby frequencies within the same geographic area, the Commission's commercial FM and LPFM rules impose spacing requirements to protect prior filed applications and authorized stations that operate on co-, first-, second-, or third-adjacent channels. See 47 C.F.R. �� 73.207(b) and 83.807. An FM booster station is limited to same-channel transmissions of its primary station. A booster may be owned only by the primary station licensee and may only provide service within the protected contour of the primary station. See 47 C.F.R. �� 74.1201(f) and 74.1231(i). In these circumstances, the required protection of the primary station provides significant and continuing
• http://transition.fcc.gov/fcc-bin/audio/FCC-11-73A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-11-73A1.pdf
  • for Review at 5. The required spacing between co-channel Class A and C2 stations is 166 kilometers whereas the actual distance between the proposed Channel 243C2 at Lago Vista, Texas and the proposed allotment of Channel 243A at Evant, Texas, is approximately 117 kilometers. See Joint Petitioners' Counterproposal, Engineering Statement at Exhibit E, Figure 46. See also 47 C.F.R. � 73.207(b), Table A (minimum distance separation requirements). Counterproposal at 25, � 44. Amboy, California, Report and Order, 19 FCC Rcd 12404, 12408, � 9 (MB 2004) (dismissing a counterproposal because of a conflict with a previously filed, cut-off allotment proposal in another proceeding); and Saint Joseph, Clayton, Ruston, and Wisner, Louisiana, Memorandum Opinion and Order, 21 FCC Rcd 2254, 2256 (MMB
• http://transition.fcc.gov/fcc-bin/audio/FMprelimSTUDY.html
  • to generate a list of stations, applications, allotments, and petitions for rulemaking that WILL be considered during review of an FM construction permit application. This analysis is based only on [48]spacing considerations (separation between stations); no contour or coverage analysis is performed. As the spacings in this search are set to exceed the maximum spacing requirements in [49]47 CFR Section 73.207, many records shown on the list may not adversely impact a particular station proposal. The FM Preliminary Study displays records on the same channel or frequency (cochannel), the first-adjacent, second-adjacent, and third-adjacent channels above and below the selected channel, as well as the Intermediate Frequency (I.F.) channels (53 or 54 channels above or below the selected channel). Please be aware
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • field strength requirements. [164]TEXT [165]PDF 73.190 Engineering charts and related formulas. Subpart B -- FM Broadcast Stations [166]TEXT [167]PDF 73.201 Numerical designation of FM broadcast channels. [ [168]Frequency/Channel Conversions ] [169]TEXT [170]PDF 73.202 Table of Allotments. [171]TEXT [172]PDF 73.203 Availability of channels. [173]TEXT [174]PDF 73.204 International agreements and other restrictions on use of channels. [175]TEXT [176]PDF 73.205 Zones. [177]TEXT [178]PDF 73.207 Minimum distance separation between stations. [ [179]Spacing tables ] [180]TEXT [181]PDF 73.208 Reference points and distance computations. [182]TEXT [183]PDF 73.209 Protection from interference. [184]TEXT [185]PDF 73.210 Station classes. [ [186]FM Classes ] [187]TEXT [188]PDF 73.211 Power and antenna height requirements. [ [189]FMpower ] [190]TEXT [191]PDF 73.212 Administrative changes in authorizations. [192]TEXT [193]PDF 73.213 Grandfathered short-spaced stations. [194]TEXT [195]PDF 73.215 Contour
• http://transition.fcc.gov/fcc-bin/audio/engrser.html
  • because they illustrate policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005.
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Is this application being filed pursuant to � 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
• 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
  • utilize a one-step licensing process, in addition to the specific proposals advanced in the Notice. RESOLUTION OF INDIVIDUAL PROPOSALS 7. Increases in ERP for Nondirectional, Non-Grandfathered and Non-Contour Protection FM Commercial Stations, Decreases in ERP. The Notice proposed to revise 47 C.F.R. Section 73.1690 to permit FM commercial stations which meet the minimum distance separations specified in 47 C.F.R. Section 73.207, and are operating with less than the maximum facilities permitted for the authorized station class, to increase the effective radiated power to the maximum permitted for the station class, followed by the filing of a modification-of-license application on FCC Form 302-FM within 10 days of the power increase. As proposed, a radiofrequency radiation analysis would have to be submitted with
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-2568.html
  • in broadcast facilities without the prior requirement of a granted construction permit. [1]Footnote 1. These rules became effective on December 1, 1997. Paragraph 9 of the Report and Order indicated that a Public Notice would be released listing FM commercial authorizations which, according to the Commission FM engineering database, (a) meet or exceed the minimum separation requirements of 47 CFR 73.207 with respect to all other FM broadcast stations, vacant allotments, and pending applications, including Canadian and Mexican assignments and vacant allotments, and (b) are operating with effective radiated powers (ERP) less than permitted for the station class. [2]Footnote 2. These stations may be eligible to increase their ERP on FCC Form 302-FM, without the filing and grant of a construction
• http://transition.fcc.gov/mb/audio/decdoc/engrser.html
  • because they illustrate policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005.
• 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
  • any other amendments to the Table of Allotments. Such 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
• 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
  • any other amendments to the Table of Allotments. Such 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
• http://wireless.fcc.gov/auctions/37/releases/da010118.doc http://wireless.fcc.gov/auctions/37/releases/da010118.pdf http://wireless.fcc.gov/auctions/37/releases/da010118.txt
  • and Order, 13 FCC Rcd at 15989. Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � � � $ � � %� � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i
• http://wireless.fcc.gov/reports/documents/avatar-migratory-bird-report10104.pdf
  • no observable trend could be presented on guy wires as a factor. This is because the literature had limited information on the presence of guy wires although it is likely that most tall towers reporting mortality were guyed. NAB specifically stated that encouraging more towers of a shorter design is simply not feasible due to distance separation rules (FCC Parts 73.207 and 73.610), costs, and local jurisdictions. In addition, NAB speculated that installing a greater number of shorter towers (less than 200 feet tall) could actually contribute to increased mortality. No specific information was presented, however, to support this conclusion. PCIA specifically referenced the Woodlot report in questioning USFWS' guidelines on lighting of towers <199 feet. As discussed in Section 3.3.1.3,
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1996/fcc96317.pdf
  • service or, alternatively, an engineering analysis showing that interference to the off-air reception of the DTV station or other primary service would not be likely due to terrain The sample Table included in the Second Further Notice did not use channel 6. 75 The rules regulating TV channel 6 and FM radio interference are set forth in 47 CFR 76 73.207(c), 73.525 and 73.610(f). TV channel 6 is restricted with respect to the IF separation to FM channel 253 (Section 73.610(f) of the rules). Commercial FM stations on channel 253 and noncommercial educational FM stations on FM channels 201-220 must protect TV channel 6. There are no restrictions on new TV channel 6 stations or changes with respect to FM channels
• 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
  • Requirements..5 5 1. Second-Adjacent Channel Interference Ratios for Predicting Prohibited Overlap in the Reserved Band.......................55 2. Minimum Coverage of the Community of License by NCE FM Stations....57 3. Revisions to Class D Rules.....................................59 IV. Minor Rule Changes...................................................69 V. Administrative Matters.................................................75 Appendix A: Initial Regulatory Flexibility Analysis Appendix B: Point-to-Point Contour Prediction Model Appendix C: Prohibited and Interfering Contours under Section 73.207 in Puerto Rico and the U.S. Virgin Islands Appendix D: Minor Rule Changes Adopted by the Commission I. Introduction 1. This Notice of Proposed Rulemaking and Order continues the Commission's broad-based initiative to streamline Mass Media Bureau rules, policies and licensing procedures. This proceeding, which Federal Communications Commission FCC 98-117 1 Notice of Proposed Rulemaking, 1998 Biennial Regulatory Review --
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/da992353.doc
  • Channel 283C2, at the latter community, as requested. As the petitioner's modification request is consistent with the provisions of Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest in the use of Channel 283C2 at Empire, Louisiana. 6. Channel 283C2 can be allotted to Empire, Louisiana, consistent with the minimum distance separation requirements of Seciton 73.207(b) of the Commission's Rules, utilizing the petitioner's specified site located 20.9 kilometers (13 miles) northwest of the community at coordinates 29-29-07 NL; 89-46-39 WL. 7. Accordingly, we seek comments 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 Empire,
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  • outlined in Huntington Broadcasting Co. v. FCC, 192 F. 2d 33 (D.C. Cir. 1951), and Faye and Richard Tuck, 3 FCC Rcd 5374 (1988). 5. We recognize that Section 1.420(i) of the Commission's Rules does not specifically address grandfathered short-spaced stations such as this one. However, the Commission has previously found that we would consider waiving strict application of Section 73.207 in limited circumstances, provided that no new short-spacings are created, no existing short-spacings are exacerbated, and the potential for interference between the currently short-spaced stations is not increased. See, Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992). Channel 227B can be allotted to Ashville with a site restriction of 11.9 kilometers (7.4 miles) southeast. This site, which is
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  • the issuance of an Order to Show Cause is not required. However, we have no indication that it is willing to relocate its transmitter to a site located 1.5 kilometers west of the community at coordinates 35-37-27 NL; 117-41-10 WL, as proposed by the petitioner. As the relocation is required to comply with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, absent a statement from the licensee indicating its willingness to change its site, we will not entertain an involuntary change in the transmitter site of Station KZIQ-FM. Therefore, petitioner is required to provide a notarized statement from the licensee of Station KZIQ-FM indicating its consent to relocate its transmitter consistent with the petitioner's proposal. We shall
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  • and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992), the Commission reallotted Channel 244A from Newnan to Peachtree City and modified the license of Station WJKJ(FM) to specify Peachtree City as the new community of license. Station WJKJ(FM) was a "grandfathered" station (pre-1964, before the new spacing requirements) that did not meet the current spacing requirements set forth in Section 73.207 of the Commission's Rules. The proposal in Newnan and Peachtree, supra, did not involve any change in the technical facilities of Station WJKJ(FM). In taking that action, we recognize that we were creating a new short-spaced allotment in the contravention of Section 73.207 of the Commission's Rules. Our rationale for that action was that "grandfathered" FM stations were in compliance
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  • surrounding areas. Therefore, as requested, we will propose to modify the license issued to Radio, Inc. for Station KFIX(FM) to specify the higher class channel in accordance with the requirements of Section 1.420(g) of the Commission's Rules. A staff engineering analysis has determined that Channel 245C1 can be allotted to Plainview consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules utilizing the licensed site of Station KFIX(FM) at coordinates 39-01-15 NL and 99-28-12 WL. Channel 255A can be allotted to Larned at Station KGTR(FM)'s presently licensed transmitter site at coordinates 38-09-54 NL and 99-06-05 WL. 4. Additionally, we shall direct an Order to Show Cause to Goodstar Broadcasting of Kansas, L.L.C., licensee of Station KGTR(FM), as
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  • Digital Television Spectrum, Notice of Proposed Rule Making in MM Docket No. 97-247, 12 FCC Rcd 22821 (1997). We note that Eureka-147 systems evidently allow broadcasters to offer subscription services such as concerts. Comments of Lucent at 15. The Commission's rules protect commercial FM stations from interference within specified service contours based on class maximum facilities. See 47 C.F.R. � 73.207. A USADR-commissioned study of the FM interference environment found that ``within the protected contour the majority of stations-approximately 90 percent-lose less than 10 percent of their predicted coverage to interference . . . The median station serves approximately 60 percent of its potential noise limited coverage area [defined in the study as the predicted 44 dBu service area].'' Petition, Appendix
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  • not change if its proposal is adopted since no site change is contemplated. KXTJ argues that the policy adopted in Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992), should apply in this case since no site change is proposed and therefore, the potential for interference would not be increased. In the alternative, KXTJ requests a waiver of Section 73.207 of the Commission's Rules to permit a new, short-spaced station at Dayton pointing out that since no new interference will be created and the current interference will not be increased, the integrity of the FM Table of Allotments will be preserved. 3. KXTJ states that its proposal meets the prerequisites for change of community of license proposals, as Beaumont will
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  • Additionally, petitioner asserts that Nogales also receives reception service from seven FM and five AM stations licensed to Nogales, Mexico. Petitioner comments that the population within the loss area is well served by the numerous stations located nearby, and that no white or gray areas would be created. 4. Petitioner advises that while its proposal meets the requirements of Section 73.207(b) of the Commission's Rules to all existing and proposed domestic allocations and facilities, it is short spaced to Channel 253, Agua Prieta, Sonora, Mexico. However, contour protection is proposed to that facility in accordance with the 1992 FM Broadcasting Treaty between the United States and Mexico (``US/Mexican Treaty''). 5. Although Vail is unincorporated, petitioner reports that it is listed as
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  • gain of 315,617 persons within an area of 10,676.4 square kilometers. No first or second full-time aural services would be provided within the proposed gain area. 7. As indicated above WQEN's pending one-step application site to accommodate Channel 279C at Gadsden is filed pursuant to the provisions of Section 73.215 of the Commission's Rules. Therefore, to assure compliance with Section 73.207(b)(1), petitioner has proposed a fully-spaced reference site for Channel 279C for allotment purposes, located 32.8 kilometers (20.4 miles) northeast of Springville at coordinates 33-58-04 NL and 86-12-35 WL. Therefore, we are designating that reference site for purposes of this rule making proceeding. See Princeton and Elk River, Minnesota, 13 FCC Rcd 22806 (1998). 8. Channel 279C can be allotted to
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  • the Woodstock requirements, and the reallotment of Channel 227C1 to Madison would result in no gain or loss areas. 4. Station WPZM(FM) at Tullahoma was originally a fully-spaced allotment. Thereafter, Station WGMZ(FM), Channel 226A, Glencoe, Alabama, was permitted to operate at a site pursuant to Section 73.215 of the Rules, that would otherwise be short-spaced to Station WPZM(FM) under Section 73.207 of the Rules. As such, the reallotted Channel 227C1 allotment at Madison would be 4 kilometers (2.5 miles) short-spaced to Station WGMZ(FM) in contravention of the separation requirements set forth in Section 73.207 of the Commission's Rules. Since Station WPZM(FM) is not changing its transmitter site, petitioner argues the reallotment will not create any new short-spacings, exacerbate existing short-spacings, or
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  • of KNTO will be extended as a result of the proposed reallotment. Moreover, petitioner advises that as Dos Palos is not located in or near any urbanized area, no Tuck showing is required for this proposal. 4. A staff engineering review of the proposal confirms that Channel 240A can be allotted to Dos Palos consistent with the requirements of Section 73.207(b)(1) of the Commission's Rules utilizing the petitioner's proposed site located 14.5 kilometers (9.0 miles) northwest of the community at coordinates 37-04-03 NL and 120-44-52 WL. Our review also has determined that the loss area of Channel 240A at Livingston contains 156,405 people within an area of 1,065 square kilometers, while the gain area at Dos Palos contains 29,524 people in
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  • is available to that locality in the reserved portion of the FM band, 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.
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  • allotment of Channel 242C3 to Wickenburg, Arizona, as that community's third local FM transmission service. Petitioner stated its intention to apply for Channel 242C3 if it is allotted to Wickenburg, as requested. 2. A staff review of the proposal reveals that Channel 242C3 can be allotted to Wickenburg, Arizona (pop. 4,515), consistent with the minimum distance separation requirements of Section 73.207(b)(1) and (3) of the Commission's Rules, provided the transmitter is located at least 6.2 kilometers (3.9 miles) northeast of the community at coordinates 34-01-01 NL and 112-41-46 WL. Additionally, as Wickenburg is located within 320 kilometers (199 miles) of the Mexican border, the Commission must obtain concurrence of the Mexican government to the proposal. 3. Based upon the interest expressed
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  • New Community of License ("Change of Community R&O") 4 FCC Rcd 4870 (1989), recon. granted in part ("Change of Community MO&O"), 5 FCC Rcd 7094 (1990). In support of its proposal, Radio Woodville states that Channel 234C2 at Wells is mutually exclusive with the current use of Channel 234C2 at Woodville and can be allotted to Wells consistent with Section 73.207 of the Commission's Rules. Radio Woodville states that its proposal is preferred under the Commission's priorities because Wells would receive a first local service while Woodville would retain local service from Station KVLL(AM). According to Radio Woodville, Wells is located in Cherokee County with a 1990 U.S. Census population of 761 people. Further, Wells has its own police and fire
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  • using North American Datum 27 (NAD 27) coordinates. Please indicate North or South Latitude, and East or West Longitude. Item 4: One-Step Proposal Allotment Coordinates. If proposing a one-step facility modification, the proposed allotment site must be specified using NAD27 coordinates. One-step allotment sites must comply with the requirements in Section 73.203(b) (allotment site must be fully spaced under Section 73.207, and allotment must provide 70 dBu coverage to 100% of the community of license pursuant to Section 73.315). If the application is not for a one-step facility modification, 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
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  • of this proceeding. . MM Docket No. 96-249. In response to Notice 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
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  • and Order, we also denied the Nevada County proposal for a Channel 232A allotment at Linden, California. The proposed Channel 232A allotment at Linden did not comply with the minimum separation requirements in effect on the date it was filed. Specifically, it was filed after the October 29, 1989, effective date of the new separation requirements set forth in Section 73.207(b) of the Commission's Rules. See Amendment of Part 73 of the Rules to Provide for an Additional Class (Class C3) and to Increase the Maximum Transmitting Power for Class A FM Stations, 4 FCC Rcd 6375 (1989). Nevada County did not seek reconsideration of that denial. In this regard, we note that earlier in this proceeding, Gold Country did not
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  • by the Commission, which was not done here, we will, however, accept Sunbrook's comments in the interest of promoting the resolution of this case on the basis of an enhanced record. The proposed Channel 248C3 at Lolo would require a co-channel separation distance of 177 km (110 mi) from the site for KQWK on Channel 248C2 at Wallace. See Rule �73.207(b)(1). We note that another rulemaking proposal is pending regarding KSIL(FM). In MM Docket 98-159, the Commission proposes to reallot KSIL(FM)'s Channel 264C and change its community of license from Wallace to Bigfork, Montana. A decision in that docket will be released shortly after this decision. Hawkeye also reports that the 12-mile stretch of highway from Missoula to Lolo has no
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  • in accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the construction permit issued to Voice Ministries of Farmington, Inc., (File No. BPH-951020MA) to specify operation on Channel 296C at Bayfield, Colorado. 8. As stated in the Notice, Channel 296C can be allotted to Bayfield, Colorado, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at the petitioner's specified site located 0.35 kilometers (0.22 miles) southeast of the community at coordinates 37-13-32 NL and 107-35-53 WL. 9. 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
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  • bound to consider carefully all spacing rule waiver requests, see id., such requests must be supported by a "compelling showing" in order to be granted. Stoner Broadcasting System, Inc., 49 FCC 2d 1011, 1012 (1974). 10. Section 73.215, which went into effect in 1989, specifies a procedure by which an applicant may obtain relief from the spacing requirements of Section 73.207. 47 C.F.R. � 73.215; see Contour Protection Order, 4 FCC Rcd at 1682. Prior to 1989, applicants for waiver of former Section 73.207 were required to make a three-part threshold showing that (1) the present transmitter site was no longer suitable, (2) non-short-spaced sites were unavailable, and (3) the proposed new site was the least short-spaced site available. Townsend Broadcasting
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  • Peachtree City as the new community of license. Although Station WMKJ(FM) did not propose to change its technical facilities, Station WMKJ(FM) was a pre-1964 ``grandfathered'' station that was short-spaced to another pre-1964 ``grandfathered'' station. This proposal was granted over the objection that it would create a short-spaced allotment in violation of the minimum distance separation requirements set forth in Section 73.207 of the Commission's Rules because no new short spacings were created, no existing short spacings were exacerbated, and the potential for interference between the currently short-spaced stations would not be increased. In the instant case, Station KLNC(FM), Channel 227C, Killeen, is a pre-1964 ``grandfathered'' station and is short-spaced by 55.1 kilometers to co-owned Station KLBJ(FM), Channel 229C, Austin, Texas, which
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  • or as a hyphenated allotment to Placerville-Sawpit. Petitioner's comments are not responsive to our request in the Notice with regard to Sawpit to demonstrate that it is a bona fide community for allotment purposes. No evidence was provided to support the claim of Sawpit's community indicia. Nor has petitioner provided community indicators or a technical study demonstrating compliance with � 73.207(b) of the Commission's Rules surrounding the alternate allotment to Placerville. Therefore, we need not address the petitioner's alternate request. Based upon the foregoing, we find that it would not serve the public interest to allot Channel 256C3 to Sawpit, Colorado. Therefore, IT IS ORDERED, That the petition of Mountain West Broadcasting proposing the allotment of Channel 256C3 to Sawpit, Colorado
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  • transmission service. Petitioner filed comments in response to the Notice. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 279C2 to Buras requires a site restriction 6 kilometers (3.7 miles) south of the community at coordinates 29-18-15 NL and 89-32-00 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. However, as it appeared that compliance with the site restriction would require the transmitter for Channel 279C2 to be located in marshlands, the Commission sought further information from the petitioner to provide evidence that a suitable site is available for tower construction at Buras. 3. In response to the Notice petitioner advises that upon investigation it
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  • FM Idaho Co. (``FM Idaho'') also filed responsive comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 228A to Grand View requires a site restriction 10.2 kilometers (6.3 miles) south of the community at coordinates 42-53-47 NL and 116-05-30 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. 3. FM Idaho reports that the transmitter site proposed for Grand View is technically unacceptable as it is located on land owned by the U.S. government and administered by the Bureau of Land Management (``BLM''). FM Idaho provided a letter from the Owyhee Area Realty Specialist of the Boise field office of the BLM, stating that
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  • rulemaking proposal with the Commission's minimum distance separation requirements. In its rulemaking petition, Fuller-Jeffrey proposes to use as the reference coordinates for Channel 223C2 at West Des Moines the current license site for Station KJJY-FM, Ankeny. At the time that the rulemaking proposal was filed, these coordinates complied fully with the Commission's minimum distance separation requirements set forth in Section 73.207 of the Commission's Rules. However, after the Notice of Proposed Rule Making was released in this proceeding, an application (BPH-960322IC) was filed by Station KTWA(FM), Channel 224A, Ottumwa, Iowa, for a one-step upgrade to Channel 224C2, using the contour protection provisions of Section 73.215 of the Rules. This application was subsequently granted by the staff. Although the reference coordinates for
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  • Petitioner filed comments in response to the Notice. FM Idaho Co. (``FM Idaho'') also filed responsive comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 260C2 to Melba requires a site restriction 31.8 kilometers (19.8 miles) southwest of the community to comply with the minimum 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
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  • Notice. FM Idaho Co. (``FM Idaho'') also filed responsive comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 247C to Kuna requires a site restriction 66 kilometers (41 miles) southwest of the community at coordinates 43-04-26 NL and 116-59-54 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of 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
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  • reallotting Channel 300B1 to North Fork, California, as requested. In accordance with the provisions of Section 1.420(g) and (i) of the Commission's Rules, we will modify the license of Station KAJZ(FM) to specify operation on Channel 300B1 at North Fork, California. 11. Channel 300B1 can be allotted to North Fork, California, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at San Joaquin's proposed site located 5.3 kilometers (3.3 miles) west of the community at coordinates 37-14-39 NL and 119-33-58 WL. 12. 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
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  • (``Guaranty''), licensee of WDGL(FM), Baton Rouge, Louisiana, filed opposing comments. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 249C3 to Amelia requires a site restriction 18.4 kilometers (11.4 miles) south of the community at coordinates 29-30-21 NL and 91-03-46 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. However, as it appeared that compliance with the site restriction would require the transmitter for Channel 249C3 to be located in a large swampy area, the Commission sought further information from the petitioner to provide evidence that a suitable fully-spaced site is available for tower construction at Amelia. 3. In response to the Notice petitioner advises
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  • Mass Media Bureau Death Valley also comments that the proposed allotment of Channel 265C to Littlefield (at coordinates 36-52-59 NL; 114-33-13 WL), is considerably short-spaced to the authorization issued to Station KONY-FM, to operate on Channel 266C at Kanab, Utah (at coordinates 37-17-45 NL; 112-50-34 WL)(File No. BPH-990311IB), and therefore the proposal violates the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. However, we note that the proposed allotment of Channel 265C to Littlefield was filed on March 3, 1999, prior to the filing of Station KONY-FM's one-step application, but did not appear in the Commission's engineering data base prior to the grant of Station KONY-FM's authorization. Had the two proposals appeared simultaneously in the engineering data base,
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  • (``FM Idaho'') also filed responsive comments and a supplement thereto. No other comments were received. 2. As stated in the Notice, the proposed allotment of Channel 291C3 to Kimberly requires a site restriction 3 kilometers (1.9 miles) south of the community at coordinates 42-30-22 NL and 114-21-45 WL to comply with the minimum distance separation requirements set forth in Section 73.207(b) of the Commission's Rules. 3. FM Idaho asserts that the proposed transmitter site at Kimberly is not available. In this regard, FM Idaho submitted a written statement from M. Brent Chugg, stating that the proposed transmitter site for Channel 291C3 at Kimberly is located on farm property owned by the LDS Church. Mr. Chugg's declaration advises that the LDS Church
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  • A channel for consideration at Bayfield, we will adopt its proposed alternative allotment of Channel 223A to Bayfield to accommodate the allotment of Channel 237C1 to Tee Nos Pos. Consequently, the need for a comparative consideration between the two communities has been eliminated. 5. Channel 223A can be allotted to Bayfield consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules provided the transmitter therefor is located at least 11.8 kilometers (7.3 miles) south of the community at coordinates 37-07-29 NL and 107-34-10 WL. Additionally, Channel 237C1 can be allotted to Teec Nos Pos, Arizona, without the imposition of a site restriction, at coordinates 36-54-36 NL and 109-06-00 WL 6. Accordingly, pursuant to the authority contained in
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  • WB states that it would prefer to have Channel 248A instead of Channel 275A allotted to Westport because it can be used at Station WCLX's present transmitter site. However, a staff engineering study has found that Channel 248A could not have been then, and still cannot be, allotted to Westport in compliance with the minimum distance separation requirements of Section 73.207 of the Commission's Rules. Rather, Channel 248A at Station WCLX's present transmitter site and construction permit site is short-spaced to Station WFRY-FM, Channel 248C1, Watertown, New York. Therefore, we would not consider the allotment of Channel 248A at Westport unless WB stated its intention to apply for the channel at a site which complied with the Commission's spacing requirements. The
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  • a net gain of 195,650 persons served by Station 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
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  • overcome the presumption that Sampit, South Carolina, comprises only 150 persons. Therefore, we grant LMC's proposal to substitute Channel 288C2 for Channel 287C3, reallot Channel 288C2 from Moncks Corner to Kiawah Island, South Carolina, and modify Station WNST(FM)'s license accordingly. 18. Channel 288C2 can be allotted to Kiawah Island, South Carolina, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules at LMC's proposed site located at coordinates 32-38-57 NL and 80-02-11 WL. 19. Accordingly, pursuant to the authority found 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 July 3, 2000, the FM
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  • would enable it to serve Mayer at site coordinates 34-16-35 NL and 112-07-30 WL, (referred to as ``Site Two''). Petitioner advises that Mayer is located 17 kilometers northwest of Site Two and well within the 67.7 km Class C 70 dBu contour. Additionally, petitioner avers that use of the amended site complies with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules as well, provided that Channel 236C is deleted at Yuma. Petitioner states that its amended site proposal provides a clearance of 34.9 kilometers to Station KTTI as a Class C3 facility at Yuma, and affords the possibility of a future upgrade by Station KTTI to Class C2 at its current site. 8. After a careful review
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  • of service represented by the removal of an operational station since it does not represent a service that the public has become reliant upon. See Chatom and Grove Hill, Alabama, 12 FCC Rcd 7664 (1997), and cases cited therein. 4. Channel 283C2 can be allotted to Empire, Louisiana, in conformity with the minimum distance separation requirements set forth in Section 73.207(b)(1) of the Commission's Rules, at the petitioner's intended site located 20.9 kilometers (13 miles) northwest of the community at coordinates 29-29-07 NL and 89-46-39 WL. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001159.doc
  • Channel 223C1 and 265A are available for allotment at 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001206.doc
  • Boulder Urbanized Area, a Tuck analysis was not required to illustrate Broomfield's independence from the urbanized areas. See Boulder and Lafayette, Colorado, 12 FCC Rcd 583 (1997); and East Los Angeles, et al., California, 10 FCC Rcd 2854 (1995). 3. Although petitioner advised that the proposed use of Channel 223C1 at Broomfield is consistent with the technical requirements of Section 73.207(b) of the Commission's Rules as no change in transmitter site is necessary, it acknowledged that its authorized site is short-spaced to the licensed site of Station KJMN(FM), Channel 221C2, Castle Rock, Colorado, which was authorized pursuant to Section 73.215 of the Commission's Rules. In acknowledgement of the Commission's policy against the use of contour protection to create short-spaced allotments at
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001323.doc
  • in response to the Notice. No other comments were received. 2. In light of the interest expressed in providing an additional local FM transmission service to Tallulah, Louisiana, we will allot Channel 248A to that community, as requested. 3. As stated in the Notice, Channel 248A can be allotted to Tallulah consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter therefor is located at least 2.0 kilometers (1.2 miles) northwest of the community at coordinates 32-25-07 NL and 91-12-15 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 0.61, 0.204(b) and 0.283 of the Commission's
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001324.doc
  • allotted to Hemet, as proposed. No other comments were received. 2. In light of the interest expressed in providing an additional local FM transmission service to Hemet, California, we will allot Channel 273A to that community, as requested. 3. As stated in the Notice, Channel 273A can be allotted to Hemet consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter therefor is located at least 1.5 kilometers (.95 miles) west of the community at coordinates 33-44-41 NL and 116-59-13 WL. Additionally, as Hemet is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government in this allotment is required, but has not been received. However, our engineering analysis
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001328.doc
  • response to the Notice. No other comments were received. 2. In light of the interest expressed in providing a first local aural transmission service to Simmesport, Louisiana, we will allot Channel 287A to that community, as requested. 3. As stated in the Notice, Channel 287A can be allotted to Simmesport in conformity with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules provided the transmitter therefor is located at least 10.5 kilometers (6.5 miles) south of the community at coordinates 30-53-30 NL and 91-47-00 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 0.61, 0.204(b) and 0.283 of the Commission's
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001392.doc
  • by granting the modification proposal at Holbrook as it will enable Station KZUA-FM to provide an enhanced service to the community. Therefore, we will substitute Channel 253C1 for Channel 221C1 at Holbrook and modify the license of Station KZUA-FM accordingly, as requested. 4. Channel 253C1 can be allotted to Holbrook, Arizona, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, utilizing the petitioner's specified site located 24.1 kilometers (15 miles) south of the community at coordinates 34-41-25 NL and 110-06-00 WL. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001393.doc
  • of Lazer Broadcasting Corp. (``Lazer''). No other comments were received 2. In light of the interest expressed in providing an additional local FM transmission service to Mojave, California, we will allot Channel 241A to that community, as requested. 3. As stated in the Notice, Channel 241A can be allotted to Mojave consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules, provided the transmitter therefor is located at least 5.9 kilometers (3.7 miles) north of the community at coordinates 35-06-11 NL and 118-10-22 WL. Additionally, as Mojave is located within 320 kilometers (199 miles) of the U.S.-Mexico border, concurrence of the Mexican government in this allotment is required, but has not been received. However, our engineering analysis
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001520.doc
  • to Fredericksburg, Texas. Such an allotment would have required each of the applicants for the Channel 249C2 allotment at Mason to amend their respective applications to specify operation on Channel 273C2. However, a proposal to operate on Channel 273C2 at the sites specified in the respective applications at Mason would not comply with the separation requirements set forth in Section 73.207(b) of the Rules. As such, we will not consider this aspect of the Munbilla Broadcasting Counterproposal. See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 8 FCC Rcd 4743, n.12 (1993). On the other hand, we are allotting alternate Channel 265C2 to Menard, Texas, as a first local service. 4. There is a second
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001577.doc
  • Channels 261C and 266A are available for allotment at 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001675.doc
  • local transmission service. Therefore, in accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will modify the authorization of In Phase Broadcasting, Inc. for Station KLMZ to specify operation on Channel 282A at Fouke, Arkansas, in lieu of Stamps, Arkansas. 5. Channel 282A can be allotted to Fouke consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, at the petitioner's specified city reference site at coordinates 33-15-42 NL and 93-53-06 WL. 6. 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 11, 2000,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001688.doc
  • 50 business establishments, including banks and a veterinary hospital. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001740.doc
  • as over 25 business establishments. We believe that both 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001754.doc
  • Channel 231A is available for allotment at Dubois, Wyoming. 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,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001896.doc
  • has been expressed in channels at these communities, we 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001902.doc
  • city-grade coverage is not at issue here, and the 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001960.doc
  • there are no oral or written agreements between petitioner 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001968.doc
  • responded by stating that it would prefer the allotment of Channel 248A instead of Channel 275A because it could be utilized at the station's current transmitter site, a staff engineering study has found that Channel 248A could not have been then, and still cannot, be allotted to Westport in compliance with the minimum distance separation requirements set forth in Section 73.207 of the Commission's Rules. Rather, Channel 248A at Westport is short-spaced to Station WFRY-FM, Channel 248C1, Watertown, New York. Therefore, even if we were to consider the allotment of Channel 248A at Westport, WB would be required to state its intention to apply for the channel at a site other than that specified in its license and pending construction permit.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002002.doc
  • obviated by the allotment of a vacant channel. However, in this instance, Station KBNG is not on the air, and in any event, it has stated its intent to apply for the Class A replacement channel in Silverton. 7. As stated in the Notice, Channel 279C1 can be allotted to Rangely consistent with the minimum distance separation requirements of Section 73.207(b)(1) of the Commission's Rules without a site restriction, at coordinates 40-05-06 NL and 108-48-18 WL. Also, Channel 279C1 can be allotted to Ridgway at a restricted site located 12.2 kilometers (7.6 miles) southeast of the community at coordinates 38-03-18 NL and 107-41-40 WL. Additionally, Channel 238A can be allotted to Silverton without a site restriction, at coordinates 37-48-42 NL and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002064.doc
  • Cloverdale. Accordingly, we will allot Channel 274A to Cloverdale 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002148.doc
  • service from one AM station and three FM stations. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002238.doc
  • for Channel 223A at Conklin are 42-06-53 North Latitude and 75-51-16 West Longitude. The reference coordinates for Channel 263A at Susquehanna are 42-02-30 North Latitude and 75-41-30 West Longitude. However, Equinox currently intends to continue operating Station WCDW(FM) at its existing transmitter site pursuant to Section 73.215 of the Commission's Rules. Nevertheless, the allotment reference coordinates are fully-spaced under Section 73.207 of the Commission's Rules. Federal Communications Commission DA 00-2238 Federal Communications Commission DA 00-2238 � � F x / 6 u y � � � � ������������������������������������������������������ �� � � `�V"
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da002363.doc
  • allotments consistent with the Revision of FM Assignment Policies and Procedures, 90 FCC 2d 88 (1982), as it will provide a first local aural transmission service to Dos Palos (priority three) and is favored over retaining Channel 240A at Livingston (priority four). 5. Channel 240A can be allotted to Dos Palos consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules, at the petitioner's specified site located 14.5 kilometers (9.0 miles) northwest of the community at coordinates 37-04-03 NL and 120-44-52 WL. 6. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00038.doc
  • counterproposal was filed by Heart of Citrus proposing a Channel 246C2 upgrade for Station WXOF. The Report and Order upgraded Station WRRX, Micanopy, to Channel 247C2; Station WSRZ, Sarasota, to Channel 293C2; and Station WXOF, Beverly Hills, to Channel 292C3. 3. The Channel 292C3 allotment at Beverly Hills does not meet the 142-kilometer separation requirement now set forth in Section 73.207(b) of the Rules with respect to Station WEAG-FM, Channel 292A, Starke, Florida. The Report and Order stated that because the petition for rule making filed by Heart of Citrus was filed prior to the October 2, 1989, effective date of the new FM separation requirements, Heart of Citrus may avail itself of the former 138-kilometer separation requirement now set forth
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • Rcd at 2228, � 58. NPR Petition at 10. ``Superpowered'' FM stations have been authorized to operate with facilities that exceed the ERP/HAAT limitations of �73.211 or �73.511 for their specific class of station. Jurison Petition at 2-3. All full service stations operating in the non-reserved band, regardless of facilities, must be protected under the provisions of 47 C.F.R. � 73.207 (distance separations based upon maximum class facilities) or � 73.215 (lesser separation requirements based upon the lack of contour overlap with maximum class facilities). See 47 C.F.R. � 73.509. 47 C.F.R. � 73.807. Report and Order, 15 FCC Rcd at n.145. Report and Order, 15 FCC Rcd at 2241, � 93. NPR Petition at 25. See discussion in � 5-18.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.txt
  • Reply Comments Appendix C: New Class C0 FM Minimum Distance Separation Requirements Appendix D: Rule Changes Adopted by the Commission INTRODUCTION This Second Report and Order continues the Commission's wide-ranging reform of the Mass Media Bureau's radio technical rules. We amend the Section 73.215(e) spacing table to afford second- and third-adjacent channel stations minimum relief of six kilometers from Section 73.207(a) spacing requirements. We also expand the types of facility changes covered by our expedited one-step licensing procedures and provide additional flexibility for service improvements by commercial FM stations in Puerto Rico and the United States Virgin Islands. In addition, we adopt several changes in our rules governing noncommercial educational FM (``NCE FM'') stations, modifying the second-adjacent channel interference standard to
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01100.txt
  • and Order, 15 FCC Rcd 19,208 (2000). 47 U.S.C. � 301. See 47 C.F.R � 73.807. LPFM R&O at 2246 (para. 104). See Creation of a Low Power Radio Service, Notice of Proposed Rulemaking, 14 FCC Rcd. 2471, 2488-89 (1999) (``LPFM NPRM''). See 47 C.F.R. �� 73.211, 73.811. See, e.g., 47 C. F.R. � 73.509(a). Id. See 47 C.F.R. � 73.207; 73.215 (e). See 47 C.F.R. 73.807, Introductory Note ``For second-adjacent channels and IF channels, the required minimum distance separation is sufficient to avoid interference received from other stations.'' LP100 stations may operate with up to 100 watts effective radiated power and with antenna heights of 30 meters above average terrain or with the equivalent thereof. See 47 C.F.R. � 73.870
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/pnmm0084.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/pnmm0084.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/pnmm0084.pdf http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/pnmm0084.txt
  • ARTS AND THE COMMUNITY REQ: 97.9 MHz Channel No. 250 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, H.R. 4942, enacting into law H.R. 5548, 106th Congress, Title VI, Sec. 632 (2000). Consistent with established full service protection criteria, the staff has applied identical second and third-adjacent spacing requirements. See, e.g., 47 C.F.R. � 73.207(a) ``Minimum distance separation between stations.'' See FCC Form 318, ``Application for Construction Permit for a Low Power FM Broadcast Station,'' Section II Question 8. ( ``The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970813.html
  • BROADCASTING COMPANY, INC. Denied the Petition for Reconsideration filed by the Rainbow-PUSH Coalition concerning the Commission's decision in regard to the applications of Davidson County Broadcasting Company, Inc. for the renewal of licenses of Stations WLXN (AM)/WWGL-FM, Lexington, North Carolina. Action by the Commission. Adopted: August 7, 1997. by MO&O. (FCC No. 97-281). MMB Internet URL: [26]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97281.txt AMENDMENT OF SECTION 73.207(B) OF THE COMMISSION'S RULES REGARDING MINIMUM DISTANCE SEPARATIONS TO MEXICAN BROADCAST STATIONS. The Commission adopted revisions to its rules with respect to minimum distance separations between U.S. FM assignments and allotments and Mexican assignments and allotments. Action by the Commission. Adopted: July 31, 1997. by Order. (FCC No. 97-272). MMB Internet URL: [27]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97272.txt ADDENDA: The following items, released August 12,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980917.html
  • 15, 1998. by Order. (DA No. 98-1867). CCB IOWA GREAT LAKES BROADCASTING CO., INC. - KICD-FM, SPENCER, IA. Granted Iowa Great Lakes Broadcasting Co., Inc.'s (Iowa) petition for reconsideration of the staff's December 10, 1997, letter action dismissing Iowa's application for correction of site data for KICD-FM, Spencer, Iowa and denying Iowa's related request for waiver of 47 C.F.R. Section 73.207. Reinstated Iowa's application for correction of site data for KICD-FM; granted the application and related request for waiver of 47 C.F.R. Section 73.207. Action by Assistant Chief, Audio Services Division. Adopted: September 10, 1998. by Letter. (DA No. 98-1853). MMB [12][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt091698.pdf 2. http://www.fcc.gov/Bureaus/International/Public_Notices/1998/da981870.pdf 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980917.txt 4. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980917.txt 5. http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8126.wp 6. http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981817.wp 7. http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1998/nrcc8062.wp 8. http://www.fcc.gov/Bureaus/Compliance/News_Releases/1998/nrci8019.wp 9.
• http://www.fcc.gov/DiversityFAC/040614/FMRadioWhitePaper.doc
  • in other regions. The power and HAAT criteria for Class B and Class C2 are similar, and the power and HAAT criteria for Class B1 and Class C3 stations are similar. However, the interference protection distances differ, based solely on which region of the country in which the station is located. See, inter alia, 47 C.F.R. �73.205 (zones); 47 C.F.R. �73.207(b) (minimum distance separation between stations); 47 C.F.R. �73.210 (station classes), and �73.211 (power and antenna height requirements). The regional zones distinguishing the Class B and B1 allotments from Class C2 and C3 allotments are a very inexact proxy for interference patterns typically, but not universally found in the respective regions. The Commission's computing power is now more than adequate to
• http://www.fcc.gov/DiversityFAC/041004/FMRadioWhitePaper.doc
  • in other regions. The power and HAAT criteria for Class B and Class C2 are similar, and the power and HAAT criteria for Class B1 and Class C3 stations are similar. However, the interference protection distances differ, based solely on which region of the country in which the station is located. See, inter alia, 47 C.F.R. �73.205 (zones); 47 C.F.R. �73.207(b) (minimum distance separation between stations); 47 C.F.R. �73.210 (station classes), and �73.211 (power and antenna height requirements). The regional zones distinguishing the Class B and B1 allotments from Class C2 and C3 allotments are a very inexact proxy for interference patterns typically, but not universally found in the respective regions. The Commission's computing power is now more than adequate to
• http://www.fcc.gov/Forms/Form301/301.pdf
  • If proposing a new or modified vacant allotment or a modified assignment (that is, channels and communities occupied 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
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • 8, 1997 Alternatively, the construction permit or letter or authorization may contain a special condition announcing the permittee's eligibility for an ERP increase by means of FCC Form 302-FM. mIn certain circumstances, to remove "contour protection" (under 47 C.F.R. Section 73.215) status from an FM station if that station meets the minimum spacing criteria set forth in 47 C.F.R. Section 73.207. See 47 C.F.R. Section 73.1690(c)(6). mTo increase to the maximum permitted for the pertinent station class the ERP of other eligible FM stations in the non-reserved band pursuant to the Second Report and Order in MM Docket No. 88- 375. This provision applies only to stations that are not accorded "contour protection" status under 47 C.F.R. Section 73.215. See 47
• http://www.fcc.gov/Forms/Form340/340.pdf
  • West Longitude. Item 4: Proposed Assignment Coordinates. FOR RESERVED CHANNELS ABOVE 220 ONLY. If modifying an assignment (that is, channels and communities occupied by or reserved for authorized facilities), the proposed assignment site must be specified using NAD27 coordinates. 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 to modify an 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
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  • which permits pre-1964 grandfathered short-spaced stations to change their community of license when no change in transmitter is proposed. In regard to this proposal, the Notice requested comments as to whether this policy should be extended to pre-1964 stations that have subsequently modified their facilities but still do not comply with the minimum separation standards now set forth in Section 73.207(b) of the Rules. All parties filing Comments or Reply Comments supported the continuation of the Newnan and Peachtree policy. 3. Southern Broadcasting filed its proposal pursuant to Section 1.420(i) of the Rules which permits the modification of a station authorization to specify a new community of license without affording other interested parties an opportunity to file competing expressions of interest.
• http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.doc http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-01-700A1.txt
  • of Channel 260B from Kankakee, Illinois, to Park Forest, Illinois, and the modification of the Station WRZA(FM) license to specify Park Forest, Illinois, as the community of license. 1 Even though the petitioner did not propose a change in transmitter site, the NPRM observed that Station WRZA(FM) is not in compliance with the current spacing requirements set forth in Section 73.207 of the Rules. As such, the proposed Channel 260B allotment at Park Forest would be a short-spaced allotment in contravention of Section 73.207 of the Rules. However, the NPRM recognized that in Newnan and Peachtree City, Georgia, 7 FCC Rcd 6307 (1992), we permitted such a reallotment of a pre-1964 ``grandfathered'' short-spaced allotment from Newnan to Peachtree City, Georgia. In
• http://www.fcc.gov/fcc-bin/audio/DA-02-2514A1.doc http://www.fcc.gov/fcc-bin/audio/DA-02-2514A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-02-2514A1.txt
  • even though the proposed upgrade of Station KLYY(FM) from Channel 296A to Channel 296B1 would reduce two pre-1964, grandfathered short-spacings to second adjacent Stations KROQ-FM, Channel 294B, Los Angeles, and KLVE(FM), Channel 298B, Los Angeles, the proposal is still short-spaced. We reject Big City's contention that its Class B1 upgrade proposal is exempt from meeting the spacing requirements of Section 73.207 by operation of Section 73.213(a)(4) of the Commission's rules. Specifically, Section 73.213(a)(4) provides: For stations covered by this paragraph (a), there is no distance separation or interference protection requirements with respect to second-adjacent and third-adjacent channel short-spacings that have existed continuously since November 16, 1964. In 1997, the Commission adopted this rule to ``provide this group of [pre-1964] grandfathered stations
• http://www.fcc.gov/fcc-bin/audio/DA-04-3108A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3108A1.pdf
  • imbalance is warranted, especially when grant of the waiver would provide service to only approximately 3% more persons than would receive service from maximum Class B facilities. SDSU's request materially differs from the commercial superpowered stations in another way. Commercial FM superpowered stations can continue to operate in excess of the Class B limit, but the spacing rules in Section 73.207 afford that station no greater protection from interference than it would receive as a maximum Class B facility. This does not preclude the establishment of new services at the appropriate distances from the superpowered station. However, a noncommercial educational station is governed by the provisions of Section 73.509 of the Commission's rules, which affords protection to the 60 dBu contour.
• http://www.fcc.gov/fcc-bin/audio/DA-04-960A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-960A1.pdf
  • Citicasters maintains that, contrary to RSM's threshold showing, fully-spaced sites are available. Citicasters states that it has identified five suitable, privately owned sites that are fully-spaced to KCIX(FM) that would provide the requisite principal community coverage to Homedale. 8. In Greater Media Radio Company, Inc., the Commission stated that the threshold and public interest criteria formerly used to analyze Section 73.207 waiver requests are applicable to requests for waiver of the minimum spacing requirements contained in Section 73.215(e). The staff determined that RSM had met the threshold criteria for waiving our spacing rules by demonstrating the unavailability of both its initially proposed site and any suitable fully-spaced sites; and by demonstrating that the site proposed in the Application is the least
• http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1226A1.pdf
  • by relocating the Station WJKL transmitter from 52 kilometers to 26 kilometers from Stations WZZN and WLIT. In the staff letter, we determined that the Elgin Broadcasting Petition for Rule Making did not comply with Section 73.208 of the Rules that requires a proposal in a petition for rule making to comply with minimum separation requirements set forth in Section 73.207(b) of the Rules. For this reason, we returned the Petition for Rule Making. 3. In its Petition for Reconsideration, Elgin Broadcasting argues that under Section 73.213(a)(4) of the Rules, there are no required second or third adjacent separation requirements for pre-1964 grandfathered stations. In this regard, Elgin Broadcasting specifically refers to Grandfathered Short-Spaced FM Stations in which the Commission stated
• http://www.fcc.gov/fcc-bin/audio/DA-08-1232A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1232A1.pdf
  • fact calling for further inquiry regarding the removal of WNOW-FM from Gaffney, South Carolina, to Bessemer City, North Carolina. Compliance with Section 73.3573(g)(4). Section 73.3573(g)(4) of the Rules requires that all applications proposing to change the community of license of an existing FM station ``must demonstrate the existence of a suitable assignment or allotment site that fully complies with Sections 73.207 . . . without resort to Sections 73.213 or 73.215.'' Accordingly, applications proposing to change community of license must demonstrate the existence of a suitable assignment site that fully complies with the spacing requirements contained in Section 73.207 of the Rules. An engineering study of the proposed assignment site - WNOW-FM's current license site - reveals that it fails to
• http://www.fcc.gov/fcc-bin/audio/DA-08-1475A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1475A1.pdf
  • in very few and very narrow circumstances, none of which is present here. It has not accepted alternative propagation analyses in support of requests for waiver of the Section 73.215(a) contour overlap provisions. Changes in the Commission's practice in this regard would defeat the principal purpose of Section 73.215(a), i.e., to provide applicants with increased flexibility (relative to the Section 73.207 distance separation criteria) without burdening the Commission with complex, time-consuming and litigable waiver requests. We therefore are denying Calvary's waiver request and dismissing its modification application. Decision/Action. Accordingly, IT IS ORDERED that the Petition for Waiver filed by Calvary Chapel of Costa Mesa, Inc. IS DENIED. IT IS FURTHER ORDERED, that the Application for Modification of License, File No. BPH-20070919ABO,
• http://www.fcc.gov/fcc-bin/audio/DA-08-2467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2467A1.pdf
  • granted, 346 persons, currently within KDES-FM's service area, would then have ``access to only four other full-time aural services.'' Gold Coast also provides copies of letters filed with the Commission in which certain residents of the Palm Springs area oppose loss of service from KDES-FM. Although Gold Coast acknowledges that KDES-FM, when relocated, meets the co-channel spacing requirements in Section 73.207 of the Rules, it claims that, nonetheless, there will be ``massive harmful interference'' to reception of Gold Coast's station KCAQ(FM), Oxnard, California. It bases its conclusion on two claims: (1) the service and interference contours of KDES-FM and KCAQ(FM) will overlap; and (2) a Longley-Rice analysis shows that interference will occur. Both claims rest on an asserted ``anomaly in the
• http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-587A1.pdf
  • No. BNP-20041029AHO (the ``Application''). 47 C.F.R. � 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. � 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq., Letter (MB June 6, 2007). Petition at 6-7. See 47 C.F.R. �� 73.202(a)(2), 73.207, 73.208, 73.209(b), 73.315(a). Petition at 7 (``Without either approval of the Amendment or a waiver of Section 73.24(i), the station cannot operate.''). See id. at 3. See, e.g., 2006 Community of License Order, 21 FCC Rcd at 14218 (``[P]arties seeking to employ this procedure must file, with their applications, a detailed exhibit demonstrating that the proposed change constitutes a preferential
• http://www.fcc.gov/fcc-bin/audio/DA-10-1006A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1006A1.pdf
  • 17056 (2002) (``when demonstrating that `no actual interference will occur due to . . . other factors' pursuant to Section 74.1204(d), an applicant may use the undesired-to-desired signal ratio method'') (``Living Way I''). EMF I, 19 FCC Rcd at 5845. Grandfathered short-spaced FM stations are stations that do not meet the minimum spacing requirements set forth in 47 C.F.R. Section 73.207 but which were authorized prior to the adoption of the FM Table of Allotments and spacing standards, i.e., prior to November 16, 1964. EMF I, 19 FCC Rcd at 5845, citing Grandfathered Short-Spaced FM Stations, Report and Order, 12 FCC Rcd 11840, 11843, � 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM
• http://www.fcc.gov/fcc-bin/audio/DA-10-787A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-787A1.pdf
  • 1.41. In any event, Susquehanna mischaracterizes the 2009 Letter as a ``supplement.'' In fact, this filing seeks relief fundamentally different than that requested in the Petition. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Memorandum Opinion and Order, 14 FCC Rcd. 17525, 17540 n.55 (1999) (subsequent history omitted) (the ``Streamlining Order''). See 47 C.F.R. �� 73.207, 73.213 and 73.215. Gunnison, Crawford, and Olathe, Breckenridge, Eagle, Fort Morgan, Greenwood Village, Loveland and Strasburg, CO, and Laramie, WY, Memorandum Opinion and Order, 20 FCC Rcd 5908, 5913 (MB 2005). File No. BPH-20031014AFQ. This permit also conditioned KNOR(FM) program test authority on the initiation of service by KIKT(FM) from the Cooper Facilities. Liberman filed the referenced construction permit application
• http://www.fcc.gov/fcc-bin/audio/DA-11-1689A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1689A1.pdf
  • Rcd 14212, 14221, � 15 (2006), recon. pending (``Changes of Community R&O''). Id. See id. (stating that FM Table is ``to reflect only vacant allotments that do not correspond to an authorized station or reserved assignment''). Staff engineering analysis reveals that all of the vacant allotments listed in the Appendix meet the minimum distance separation requirements of 47 C.F.R. � 73.207. However, six of the vacant allotments warrant additional explanation. To prevent short-spacings, we adopted new site restrictions for vacant Channels 257A at Pine Bluff, Arkansas, 263A at Malin, Oregon, and 237A at Drew, Mississippi. Additionally, vacant Channels 264A at Sanborn, Iowa, 237A at Drew, Mississippi, 289C2 at Alva, Oklahoma, and 288C3 at Santa Anna, Texas, are considered fully spaced allotments
• http://www.fcc.gov/fcc-bin/audio/DA-11-1705A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1705A1.pdf
  • One does, 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
• http://www.fcc.gov/fcc-bin/audio/DA-11-1866A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1866A1.pdf
  • and Order, 14 FCC Rcd 14521 (1999). Such conflicts may arise when the Commission's minimum distance separation requirements for FM facilities are applied to proposals specifying operation on channels in the ``border'' between the reserved and non-reserved bands (Channels 218-223) or on intermediate frequency (IF) channels, i.e., channels that are separated by 53 or 54 channels. See 47 C.F.R. �� 73.207 and 73.507. � � $ ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i 0i
• http://www.fcc.gov/fcc-bin/audio/DA-11-2058A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-2058A1.pdf
  • would receive a third, fourth, and/or fifth reception service. Additionally, the proponents may wish to determine if other channels may be available to resolve the existing conflict. 10. A staff engineering analysis reveals that Channel 286C0 can be allotted to Wickenburg, as specified in the Wickenburg Application at the � 73.215 reference coordinates 34-11-23 NL and 112-45-18 WL. The � 73.207 allotment coordinates for Channel 286C0 at Wickenburg are 34-04-17 NL and 112-45-23 NL. Any counterproposals filed must protect both the � 73.215 reference site, and the � 73.207 allotment reference site. Further, the channel substitutions at Ehrenberg, First Mesa, and Kachina Village, which were proposed in the Wickenburg Petition, can be made at the reference coordinates set forth above with
• http://www.fcc.gov/fcc-bin/audio/DA-11-2059A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-2059A1.pdf
  • Counterproposal filed by Univision; (5) Reply Comments filed by Grenax; and (6) Reply comments filed by Rocket Radio. The Notice also acknowledged that, along with the Needles Petition, the Petitioner had concurrently filed an application, File No. BNPH-20070312ACB, for a new station on Channel 287B1 at Needles and paid the requisite filing fee, pursuant to Commission policy. 47 C.F.R. � 73.207. Public Notice, Report No. 2883, March 10, 2009. The Public Notice also accepted as a counterproposal an alternate channel suggestion by Grenax to modify its license for Station KBTK(FM), Kachina Village, Arizona, on Channel 285C2 in lieu of the Notice's proposal to modify its license to specify Channel 246C2, and assigned it RM-11519. See Grenax's Comments, Response to Order to
• http://www.fcc.gov/fcc-bin/audio/DA-12-912A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-912A1.pdf
  • temporary 90-day period for the protection of the formerly licensed Rice facilities and that the Columbia Allotment was, in fact, a vacant allotment. It therefore found that D&H was permitted to request the modification of the Columbia Allotment - as is the case with any vacant allotment - provided that the modified coordinates complied with the spacing requirements in Section 73.207 of the Rules. Accordingly, the staff denied the Sullivan informal objection and granted the Application. In the Petition, Sullivan argues that the Staff Decision misreads the Rice Public Notice and ``ignored'' related facts and circumstances. He argues that the language of the Rice Public Notice is unambiguous and that the requirement that ``minor change applicants . . . continue to
• http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.pdf
  • of the alleged unpredictable interaction of undesired and desired signals in radio receivers at high signal levels, EMF has demonstrated that the U/D ratio area is unpopulated, and thus there will be no receivers in the predicted interference area. Id. Grandfathered short-spaced FM stations are stations that do not meet the minimum spacing requirements set forth in 47 C.F.R. Section 73.207 but which were authorized prior to the adoption of the FM Table of Allotments and spacing standards, i.e., prior to November 16, 1964. See, e.g., Grandfathered Short-Spaced FM Stations, 12 FCC Rcd 11840, 11843, � 7 (1997) (ratio method most appropriate method of determining areas of interference for grandfathered short-spaced FM stations where contour overlap already existed) referencing Board of
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • We also seek comment on the source of our authority to act on RIAA's concerns if there is substantial evidence of harm on the record. Could we reasonably conclude that free over-the-air radio broadcasting would be threatened by digital audio copying to an extent sufficient to invoke our public interest authority under Section 4(i) of the Act? International Issues Section 73.207 discusses international agreements relating to FM broadcasting. The rule states that under the Canada-United States FM Broadcasting Agreement, domestic U.S. allotments and assignments within 320 kilometers (199 miles) of the common border must be separated from Canadian allotments and assignments by not less than the distances provided in the Commission's rules. It also states that under the 1992 Mexico-United States
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • mutually 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
• http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • community not defined as major in Section 73.3573(a) of this part. Applications for a change in community of license must comply with the requirements set forth in Section 73.3573(g) of this part. Note: This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of � 73.207 at the site specified in the application, without resort to the provisions of the Commission's Rules permitting short spaced stations as set forth in �� 73.213 through 73.215, or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with �� 73.207 and 73.315 without resort to �� 73.213 through 73.215.
• http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-29A1.pdf
  • FM translator stations, and FM booster stations.''). Because broadcast station signals are subject to interference from other signals on the same or nearby frequencies within the same geographic area, the Commission's commercial FM and LPFM rules impose spacing requirements to protect prior filed applications and authorized stations that operate on co-, first-, second-, or third-adjacent channels. See 47 C.F.R. �� 73.207(b) and 83.807. Although the Commission initially declined to impose third-adjacent channel spacing requirements on LPFM stations, Congress mandated such requirements in 2000. See Creation of a Low Power Radio Service, Second Report and Order, 16 FCC Rcd 8026 (2001). See also Fifth Report and Order, Further Notice of Proposed Rulemaking and Third Order on Reconsideration, MM Docket No. 99-25, FCC
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • Is this application being filed pursuant to � 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
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/90-374.pdf
  • DISMISSED. 28.Forfurtherinformationconcerningthisproceeding, contactMichaelRuger,MassMediaBureau,(202) 632-7792. FEDERALCOMMUNICATIONSCOMMISSION DonnaR.Searcy Secretary FOOTNOTES 1Commissionrule1.420(i)states: Inthecourseoftherulemakingproceedingtoamend� 73.202(b)or�73.606(b),theCommissionmaymodifythe licenseorpermitofanFMortelevisionbroadcaststation tospecifyanewcommunityoflicensewheretheamended allotmentwouldbemutuallyexclusivewiththelicensee's orpermittee'spresentassignment. 2 Tri-ValleyBroadcastingCorporationfiledanuntimely petitionforreconsideration.Accordingly,wewilldismissthis petition. 3TheNAB,WGNofCalifornia,Inc.,andagroupofthree licenseesofstationsinAtlanta.Georgia,filedmotionstoaccept late-filedsupplementsandsupplements.Thesepleadingsunderscore NAB'sconcernthattheprocedureadoptedintheR&O allowsthemigrationofstationsfromruraltourbanareas.The NAB,theAtlantalicensees.and,WGNpointtospecificpending casesasexamplesofhowtherulecouldfacilitatemigration fromruraltourbanareas.Althoughwehavereviewedthese pleadings,infairnesstothepartiestosuchcases,partiesshould notberequiredtolitigatethespecificfactsoftheircasesintwo fora.Accordingly,wedonotaddressthosespecificcasesherein, norrelyonthosepleadings.Finally,insofaraswehavegranted theNAB'spetitionforreconsideration,furtherconsiderationof thesupplementsisnotrequired. 4TheFMprioritiesare(1)firstauralservice,(2)secondaural service,(3)firstlocalservice.and(4)otherpublicinterest matters.Co-equalweightisgiventopriorities(2)and(3).See RevisionofFMAssignmentPoliciesandProcedures, 90FCC2d 88,92(1982).Thetelevisionallotmentprioritiesare(l)to provideatleastonetelevisionservicetoallpartsoftheUnited States,(2)toprovideeachcommunitywithatleastonetelevision broadcaststation,(3)toprovideachoiceofatleasttwo televisionservicestoallpartsoftheUnitedStates.(4)toprovide eachcommunitywithatleasttwotelevisionbroadcast stations,and(5)toassignanyremainingchannelstocommunities basedonpopulation,geographiclocation,andthenumber oftelevisionservicesavailabletothecommunityfromstations locatedinothercommunities.SeeSixthReportandOrder,41 FCC148,167(1952).Insomeinstances.wehaveappliedthe televisionprioritiesinamoreflexiblefashionthantheFM 5FCCRcdNo.24 prioritiesduetotherecognitionthattelevisionisamoreregional service.See,e.g.,ClevelandTelevisionCorp.,91FCC2d 1129(Rev.Bd.1982),aff'd732F.2d962(D.C.Cir.1984). 5NABsubmittedasimilarproposalincommentsfiledin responsetotheNoticeofProposedRuleMakinginMMDocket No.89-46.4FCCRcd2430(1989),aproceedingexploring policiestoencourageinterferencereductionbetweenAMbroadcast stations.SeeNABCommentsinMMDocketNo.89-46. filedJune7,1989,at12. 6See47C.F.R.��73.207,73.610. 7See47C.F.R.�73.1125.Themainstudiorulepermitsan AM,FMortelevisionlicenseetorelocateitsmainstudiofrom onepointtoanotherwithintheprincipalcommunitycontour withoutspecificauthorizationfromtheCommission. 8The"15-mile"rule,formerlyat47C.F.R.�73.607(b)(1982), permittedanapplicantforavacanttelevisionallotmentto specifyasthecommunityoflicenseforthatallotmentacommunity withinfifteenmilesofthecommunitylistedinthe TelevisionTableofAllotmentswithoutrequiringtheapplicant topetitionforanamendmenttotheTable.Commissionrule 73.203(b),47C.F.R.�73.203(b)(1982),providedasimilarprocedure forFMradioapplicants.Theserulesweredeletedin SuburbanCommunityPolicy,theBerwickDoctrine.andtheDe Facto ReallocationPolicy,93FCC2d436(1983),recon.denied, 56RR2d835(1984).Asaresult,ifalicenseeseekstodesignate asitscommunityoflicenseanycommunityotherthanthe communitylistedintheTablesofAllotments.thelicenseemust initiatearulemakingproceedingtoreallotthatchanneltothe requestedcommunity. 9Harronproposesthatthefollowingitalicizedlanguagebe addedto47C.F.R.�73.3572(a)(1): (1)***AmajorchangeforTVbroadcaststationauthorized underthispartisanychangeinfrequencyor communityoflicensewhichisinaccordwithapresent allotmentcontainedintheTableofAllotments(�73.606), exceptthatachangein communityoflicensetothecommunity specifiedintheTableofAllotmentsofachannel presentlyassigned toanunlistedcommunitypursuantto former� 73.607(b)(the"15-mile"rule),shallnotbe deemedamajorchange.* 10SeeRevisionofFMAssignmentPoliciesandProcedures, 90 FCC2d88,92(1982). 11 RKOGeneral(KFRC, 5FCCRcd3222(1990);Faye& RichardTuck, 3FCCRcd5374(1988);NewSouthBroadcasting Corp.v.FCC, 879F.2d867(D.C.Cir.1989);HuntingtonBroadcasting Co.v.FCC.192F.2d 33(D.C.Cir.1951).Althoughwe expressnoopinionatthistimeconcerningthestaff'sapplication oftheseprecedentstoanyspecificfactualsituation,wenotethat thestaffhasnothesitatedtolookbeyondaclaimoffirstlocal serviceinconnectionwithrequeststochangecommunityof license. 12 SeeNationalBlackMedia Coalitionv.FCC,791F.2d1016, 1022(2dCir.1986). 13Id.,quotingSmallRefinerLeadPhase-DownTaskForcev. EPA,705F.2d506,547(D.C.Cir.1983). 14InRKO(KFRC),andinapredecessorcase.Fayeand RichardTuck, 3FCCRcd5374(1988),weclarifiedthetypeof
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/90-426.pdf
  • Kea.IfBigIslandweretolocateitsradiotransmitter there,itwouldinterferewiththedatabeingreceived throughsensitivedetectorsinstalledontheobservatory telescopes.Consequently,itisunabletoobtainauthorization foruseofthatsite.ApotentialsiteonMaunaLoa waslocatedbutitisinanationalpark.wherethetower heightisrestrictedtofiftyfeetabovegroundlevel.This wouldpreventsatisfactorybroadcastservicetoHilo, KIPA(FM)'scityoflicense.Othersitesathighelevations wouldhavesimilarrestrictions. 5.BigIslandstatesthattheonlyalternativeistousea seriesofboosterstoprovidetheisland-widecoverageit contemplatedwhenitfileditsClassCapplication.Since theseboosterswouldextendKIPA'scoveragebeyondthe 1mV/mservicecontourofitsC1authorization(butnota hypotheticalClassCfacility),BigIslandseeksawaiverof therules.BigIslandcontendsthatgrantofthewaiver wouldservethepublicinterest.Accordingtoitsengineering showing,thethreeboosterswillprovidethefollowing service:nighttime,afirstauralserviceto1,346persons,a secondto426personsandathirdto11,446personS;2 daytime,asecondauralserviceto1,329personsanda thirdto2,946persons.BigIslandstatesthatthisadditional serviceisessentialinviewofthemanynatural disastersthatoccurontheislandandtheresultingneed foratleastonestationcapableofcommunicatingwiththe island'sentirepopulation.Inthisrespect,itsubmitteda listofnaturaldisastersthathaveoccurredontheIslandof HawaiibetweenOctober1983andSeptember1988.These includeearthquakes,flashfloods.tropicalstorms,waterspouts andvolcaniceruptions.BigIslandalsosubmitted documentationfromtheFederalEmergencyManagement AgencyinSanFrancisco.California,supportingthenotion thattheIslandofHawaiiisuniquewithintheUnited Statesforfrequencyanddiversityofitsnaturaldisasters. Inaddition,BigIslandprovidedlettersfromMr.Harry Kim.Administrator,HawaiiCountyCivilDefenseAgency, insupportoftheproposedboosters.Mr.Kimexplains thatuseoftheboosterswillexpandthereachofstation KIPA(FM)"totheentireIsland,includingmanyareas whichcurrentlyreceivenoradioreception."Accordingto Mr.Kim.theboosterswillbe"extremelybeneficial"to 6FCCRcdNo.2 thedistrictsofKauandKona,whichcurrentlyreceive littleornolocalradiobroadcastswhenthecivildefense systemisactivated. 6.Siriusobjectstothewaiverrequest.Itstatesthat otherbroadcaststationslicensedbytheCommissionand notlistedbyBigIslandinitswaiverrequestareoperating inareaswhereBigIslandallegedtherewasnoservice.In addition,Siriusassertsthatthereareoutstandingconstruction permitsfornewserviceinotherareaswhereBig Islandstatesthereisnoservice.Insupportofitscontentions, Siriussubmitsacontourmapofthebroadcast stationsservingtherelevantpartsoftheIslandofHawaii which,initsview,demonstratesthatthe"claimsofKIPA astotheseareasbeingunservedarepatentlyfalseand incorrect."Siriusalsoarguesthatboosterswillpermit stationKIPA(FM)toextenditsservicecontourandcircumvent themileageseparationrequirementsofSection 73.207whichcouldcauseinterferencetoco-channeland adjacentchannelstations.Siriusexplainsthatthisisso becausesuchassignmentsareallocatedonthebasisof mileageseparationtostationKIPA(FM)andnottothe boosterstations.Inaddition,Siriusassertsthatwaiverof theruleswouldpermitBigIslandtoprovideservice outsidestationKIPA(FM)'s1mV/mcontourwithoutan opportunityforotherapplicantstoapplyforthefacilities. Itwouldbemoreappropriate,accordingtoSirius,forBig IslandtopetitionforRuleMakingtoallotnewchannels totheallegedunservedareasandthenfileapplicationsfor constructionpermitstobuildfullservicestations.Sirius claimsthatBigIsland'sattempttoextenditsservicebeyond the1mV/mcontourofstationKIPAisclosely relatedtotheissuesinMMDocket88-1403wherelicensee effortstoextendservicebeyondthe1mV/mcontour oftheprimarystationisbeingconsideredanda freezehasbeenimposedontheacceptanceofnewand majorchangeapplicationsforcommercialFMtranslator stations.InSirius'view,eveniftheCommissiondeter- minesthatthewaiverrequestsare"meritorious,"action mustbedeferredpendingtheoutcomeofDocket88-140. 7.BigIsland,initsresponse,deniestheallegationsand allegesthattheengineeringstudiessubmittedwithits waiverrequestconsideredalllicensedstationsandoutstanding constructionpermits,includingthoselistedby Sirius.Inaddition,BigIslandcontendsthatthecontour mapsubmittedbySiriusdoesnotrefutethemapssubmitted byit(BigIsland).BigIslandcontinuestoassertthat grantofitswaiverrequestwouldservethepublicinterest. 8.ThepurposeofFMbroadcastboosterstationsisto provideservicetoareaswithintheprimarystation'spredicted servicecontourthatarenotservedbythesignalof theprimarystationduetointerveningterrainobstructions .Theboosterrulesaredesignedtoassurethatbooster stationsoperateinamannerthatpreservestheexisting serviceareasofthefull-servicestationstheyretransmit. FMboosterstationsarenottobeusedforcompetitive purposestoexpandtheserviceareasoftheprimarystations theyretransmit.Suchusewouldalterthefundamental secondaryfill-inserviceintendedforFMboosters. Applicantsforwaiveroftheboosterrulesmustdem- onstratethatthegoalorresultstobeachievedbythe proposalforwhichthewaiverissoughtwouldservethe publicinterestandthatthesameresultscouldnotbe achievedconsistentwiththerulesbyanyothermeans. Applicantsmustalsodemonstratethatgrantofthewaiver requestwouldnotunderminethegoalsandpoliciesthe rulesweredesignedtopromote.TheCommissionisob- FederalCommunicationsCommissionRecord 423 FCC90-426 ligatedtogiveallwaiverrequestsa"hardlook."WAIT Radiov.FCC,418F.2d1153,1157(D.C.Cir.1969). However,an"applicantforwaiverfacesahighhurdle." RioGrandeRadioFellowship,Inc.v.FCC,406F.2d664 (D.C.Cir.1968).Applicantsrequestingwaiverofour rulesmustpleadspecificfactsthatdemonstratewaiver wouldservethepublicinterest. 9.ThecontourmapsubmittedbySiriusandthecontour mapssubmittedbyBigIslandshowthatapproximately
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/92-576.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit SFCCRcdNo.2 Beforethe FederalCommunicationsCommission Washington,D.C.20554 InreApplicationof MURRAYHILL FileNo.BPH-870225IP BROADCASTINGCOMPANY ForaConstructionPermitfor MinorChangesinStationWQMG-FM, Greensboro,NorthCarolina MEMORANDUMOPINIONANDORDER Adopted:December30,1992; Released:January11,1993 ByTheCommission: 1.TheCommissionhasbeforeitforconsideration(a)an ApplicationforReview,filedAugust8.1988.byMurray HillBroadcastingCompany("Murray"),licenseeofStation WQMG-FM,Greensboro,NorthCarolina:(b)anOpposi- tionthereto,filedAugust23,1988,byWilkesBroadcasting Company("Wilkes"),licenseeofStationWKBC-FM,North Wilkesboro,NorthCarolina;and(c)relatedpleadings. 2.MurrayrequeststhattheCommissionreviewandre- versethestaffactionofJune29,1988,whichrejected Murray'sapplication,asoriginallyfiled,butgrantedMur- ray'sapplication,asamended.Forthereasonsthatfollow, weaffirmthestaffaction. Inrelevantpart,then-existing�73.213.whichappliestothis case,provided: (a)StationsauthorizedpriortoNovember16,1964,atloca- tionsthatdonotmeettheminimumdistancesspecifiedin� 73.207mayapplyforchangesinfacilitiesiftherequestedfacili- tiesconformtothoselistedinthefollowingtable: (e)ThepowerslistedinthetablearethemaximumstheFCC willauthorize.... (f)Thefollowingprovisionswillgovernapplicationsformove oftransmittersite: FederalCommunicationsCommissionRecord BACKGROUND FCC92-576 3.StationWQMG-FMisaClassCstation,which,atthe timeMurrayfiledthecaptionedapplication,waslicensed tooperateonChannel246with100kWeffectiveradiated power("ERP")at157metersheightaboveaverageterrain ("HART").StationWKBC-FM.alsoaClassCfacility,is licensedtooperateonfirstadjacentChannel247.The stationswere,atthetimethecaptionedapplicationwas filed,located123.2kmapartandconsidered"grandfather- ed"short-spacedstationsunderformer�73.213ofthe Commission'sRules! 4.MurrayfiledthecaptionedapplicationonFebruary 25,1987,topreserveWQMG-FM'sClassCstatus,inaccor- dancewithFMBroadcastStations,94FCC2d152(1983). TheapplicationproposedtomoveWQMG-FM'stransmit- tingantenna8.1kilometersclosertoWKBC-FM(thus, reducingtheshortseparationto115.1km),andtooperate WQMG-FMwith22.9kWERP(inthedirectionof WKBC-FM)at315metersHART. 5.Murraymaintainedthatitsproposalsatisfiedthere- quirementsofthen-existing�73.213.Wilkesarguedother- wiseinaninformalobjectiontotheapplication,filedon August4,1987.Inthefirstoftwodecisions,thestaff,on January7,1988,dismissedMurray'sapplicationbecauseit proposedanERPforWQMG-FMwhich,inthedirection ofWKBC-FM,exceededtheIllkWmaximumsetforthin �73.213(a)forfirstadjacentClassCstationslocatedless than121kmapart. 6.Subsequently,onFebruary8.1988.Murrayfileda PetitionforReconsiderationofthestaffaction.Therein, Murrayarguedthatthestaffhaderredinconcludingthat Murray'sproposalviolated�73.213.and,inanyevent,a waiverof�73.213wasjustified.Inthealternative,Murray profferedacontingentamendmenttoitsapplicationwhich reducedpowertocomplywiththestaffsinterpretationof �73.213,asexpressedinitsJanuary7.1988.decision.It wasMurray'sintentionthattheamendmentbeconsidered onlyintheeventthestaffagainrejectedtheoriginalpro- posal. (2)Stationsshort-spacedwithrespecttootherstations under�73.207mayapplytomovetransmittersite.even thoughbythemovetheseparationwouldbefurther shortened,underthefollowingconditionsandwiththe followingfacilities: (ii)Whenastationdoesnotmeettheminimumsepara- tionstoco-channeloradjacentchannelstations,itmay applyforuptothemaximumfacilitiesfortheseparations thatwouldexistatthenewtransmittersite.(Seepara- graph(f)(2)(iii)ofthissectionforfurtherrestrictionson veryshort-spacedstations.) (iii)...Ifthe[transmitter]movewoulddecreasethe shortdistanceby[greaterthan5km|,astationwillbe permittednomorethanthefacilitiesthatwouldgiveit,
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-226.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-226.pdf
  • Rules. The limited exceptions to assigning noncommercial educational FM stations on the basis of prohibited overlap involve separation requirements contained in international agreements and the fact that the noncommercial educational channels (Channels 218, 219 and 220) adjacent to the commercial portion of the FM band (Channels 221 through 300) must meet the applicable commercial separation requirements set forth in Section 73.207 of the Rules. See Section 73.507(a) of the Rules. In response to the Notice, SUNY did not state that a noncommercial educational channel is unavailable due to Channel 6 interference or foreign preclusion. Rather, SUNY merely stated that it does not want Channel 273A reserved for noncommercial educational use even though it will continue to operate Station WFNP on a
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-276.pdf
  • Hatfield and Dawson; du Treil, Lundin and Rackley, Inc.; and Cohen, Dippell and Everist, P.C., ("Joint Petitioners"), proposing similar changes. In the Notice, we proposed revisions to our broadcast regulations to re-examine 47 C.F.R. ' 73.213(a), which currently sets forth how stations authorized prior to November 16, 1964, that did not meet the separation distances required by 47 C.F.R. ' 73.207, and have remained short-spaced since that time, may modify operating facilities. The Notice proposed changing three specific aspects of Section 73.213(a). The rules adopted in this Order permit the utmost in flexibility for this class of grandfathered FM stations while maintaining the technical integrity of the FM band by preventing increased interference. 2 . The proposals in the Notice generally
• 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
  • utilize a one-step licensing process, in addition to the specific proposals advanced in the Notice. RESOLUTION OF INDIVIDUAL PROPOSALS 7. Increases in ERP for Nondirectional, Non-Grandfathered and Non-Contour Protection FM Commercial Stations, Decreases in ERP. The Notice proposed to revise 47 C.F.R. Section 73.1690 to permit FM commercial stations which meet the minimum distance separations specified in 47 C.F.R. Section 73.207, and are operating with less than the maximum facilities permitted for the authorized station class, to increase the effective radiated power to the maximum permitted for the station class, followed by the filing of a modification-of-license application on FCC Form 302-FM within 10 days of the power increase. As proposed, a radiofrequency radiation analysis would have to be submitted with
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • 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 ( 73.213(b) with respect to station(s): ________________ Exhibit Required. d) ( 47 CFR ( 73.213(c) with respect to station(s): ________________ Exhibit Required. Contour Protection. e) ( 47 CFR ( 73.215 with respect to station(s): ________________ Exhibit Required. Cross-Modulation. The applicant accepts
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da91-1215.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 6FCCRedNo.21 IntheMatterof Beforethe FederalCommunicationsCommission Washington,D.C.20554 RoyJ.Stewart Chief,MassMediaBureau MMDocketNo.87-121 AmendmentofPart73ofthe Commission'sRulestoPermit Short-SpacedFMStationAssignments byUsingDirectionalAntennas. ERRATUM Adopted:October1,1991; Released:October9,1991 BytheChief,MassMediaBureau: 1.Thisactionmakesaminorcorrectiontooneofthe recentruleamendmentsandextendstheperiodbeforethe effectivedateforalloftheruleamendmentsadoptedin theMemorandumOpinionandOrder(Memorandum)of MMDocketNo.87-121(FCC91-273),August28,1991, andreleasedonSeptember17,1991.Inresponsetopeti- tionsforreconsideration,theMemorandumreaffirmedthe Commission'searlierdecisiontoallowroutineshort- spacedFMbroadcaststationassignments,andadopted severalpetitionedrefinementstotherules. 2.AdjacentchanneloffsetfrequencyreferencesinRule Section73.215(a)(2)wereinadvertentlypublishedwith "+"signsinsteadoftheappropriate"�"signstodes- ignatebothaboveandbelowadjacencies.Therefore,the adjacentchanneloffsetsignsofSection73.215(a)(2)are editoriallycorrectedasreflectedintheattachedappendix. Theperiodbeforetheeffectivedateisextendedtoallow theappropriatetimebetweenthedatetheruleswere publishedintheFederalRegisterandtheireffectivedate. Accordingly,ITISORDEREDTHATSection73.215IS AMENDEDassetforthbelowintheappendix.ITIS FURTHERORDEREDTHATtheeffectivedateofthe amendmentsto47C.F.R.Sections73.207,73.215,and 73.316ISAMENDEDtoNovember15,1991. 3.Thisactionistakenpursuanttoauthorityfoundin Section4(i)and303(r)oftheCommissionsActof1934, asamended,andSections0.24(b)and0.283oftheCom- mission'sRules(47CFRSections0.24(b)and0.283). FEDERALCOMMUNICATIONSCOMMISSION FederalCommunicationsCommissionRecord APPENDIX 47CFRPart73isamendedasfollows: l.TheauthoritycitationforPart73continuestoread asfollows: Authority:47U.S.C.154and303. DA91-1215 2.47CFR73.215isamendedbyrevisingparagraph (a)(2)asfollows: Section73.215Contourprotectionforshort-spacedas- signments. (2)Theinterferingcontours,forthepurposeofthis section,aredefinedasfollows.Forco-channelstations, theF(50,10)fieldstrengthalongtheinterferingcontouris 20dBlowerthantheF(50,50)fieldstrengthalongthe protectedcontourforwhichoverlapisprohibited.For firstadjacentchannelstations(�200kHz),theF(50,10) fieldstrengthalongtheinterferingcontouris6dBlower thantheF(50,50)fieldstrengthalongtheprotectedcon- tourforwhichoverlapisprohibited.Forbothsecondand thirdadjacentchannelstations(�400kHzand�600 kHz),theF(50,10)fieldstrengthalongtheinterfering contouris40dBhigherthantheF(50,50)fieldstrength alongtheprotectedcontourforwhichoverlapisprohib- ited.
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da91-1354.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 6FCCRcdNo.23 FederalCommunicationsCommissionRecord IntheMatterof Beforethe FederalCommunicationsCommission Washington,D.C.20554 RoyJ.Stewart Chief,MassMediaBureau MMDocketNo.87-121 AmendmentofPart73ofthe Commission'sRulestoPermit Short-SpacedFMStationAssignments byUsingDirectionalAntennas. ERRATUM BytheChief,MassMediaBureau: Released:November8,1991 1.Thisactionfurtherextendstheperiodbeforethe effectivedateforalloftheruleamendmentsadoptedin theMemorandumOpinionandOrder(Memorandum)'in MMDocketNo.87-121(FCC91-273),adoptedAugust 28,1991,andreleasedonSeptember17,1991.TheMemo- randumrespondedtopetitionsforreconsideration, reaffirmingtheCommission'searlierdecisiontoallow routineshort-spacedFMbroadcaststationassignments, andadoptingseveralpetitionedrefinementstotherules. 2.Theperiodbeforetheeffectivedateisextendedagain toallowtheappropriatetimebetweenthedatetherules werepublishedintheFederalRegisterandtheireffective date.Accordingly,ITISORDEREDTHATtheeffective dateoftheamendmentsto47C.F.R.Sections73.207, 73.215,and73.316ISAMENDEDtoDecember19,1991. 3.Thisactionistakenpursuanttoauthorityfoundin Section4(i)and303(r)oftheCommissionsActof1934, asamended,andSections0.24(b)and0.283oftheCom- mission'sRules(47CFRSections0.24(b)and0.283). FEDERALCOMMUNICATIONSCOMMISSION 1 SeeErratum,MMDocketNo.87-121,adoptedOctober1, 1991,releasedOctober9,1991,DA91-1215.
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-1334.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-1334.pdf
  • this proceeding does not now justify going forward with a rulemaking proposal contingent on favorable action on an application that is not even on file. 7. As a result of the action subsequent to the Report and Order cancelling the Station WSSL construction, the Sapphire Broadcasting proposal does not now comply with the applicable separation requirement set forth in Section 73.207(b) of the Rules and cannot be favorably considered. Section 73.208 of the Rules clearly specifies the applicable reference point to be used in determining FM minimum separations as "authorized" transmitter sites. 47 C.F.R. �73.208(a)(1)(i). In this situation, the licensed Station WSSL transmitter site represents the only authorized site for Station WSSL and Sapphire Broadcasting or any other rule making proponent
• http://www.fcc.gov/mb/audio/bickel/FMprelimSTUDY.html
  • to generate a list of stations, applications, allotments, and petitions for rulemaking that WILL be considered during review of an FM construction permit application. This analysis is based only on [48]spacing considerations (separation between stations); no contour or coverage analysis is performed. As the spacings in this search are set to exceed the maximum spacing requirements in [49]47 CFR Section 73.207, many records shown on the list may not adversely impact a particular station proposal. The FM Preliminary Study displays records on the same channel or frequency (cochannel), the first-adjacent, second-adjacent, and third-adjacent channels above and below the selected channel, as well as the Intermediate Frequency (I.F.) channels (53 or 54 channels above or below the selected channel). Please be aware
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • field strength requirements. [164]TEXT [165]PDF 73.190 Engineering charts and related formulas. Subpart B -- FM Broadcast Stations [166]TEXT [167]PDF 73.201 Numerical designation of FM broadcast channels. [ [168]Frequency/Channel Conversions ] [169]TEXT [170]PDF 73.202 Table of Allotments. [171]TEXT [172]PDF 73.203 Availability of channels. [173]TEXT [174]PDF 73.204 International agreements and other restrictions on use of channels. [175]TEXT [176]PDF 73.205 Zones. [177]TEXT [178]PDF 73.207 Minimum distance separation between stations. [ [179]Spacing tables ] [180]TEXT [181]PDF 73.208 Reference points and distance computations. [182]TEXT [183]PDF 73.209 Protection from interference. [184]TEXT [185]PDF 73.210 Station classes. [ [186]FM Classes ] [187]TEXT [188]PDF 73.211 Power and antenna height requirements. [ [189]FMpower ] [190]TEXT [191]PDF 73.212 Administrative changes in authorizations. [192]TEXT [193]PDF 73.213 Grandfathered short-spaced stations. [194]TEXT [195]PDF 73.215 Contour
• http://www.fcc.gov/mb/audio/decdoc/engrser.html
  • because they illustrate policies, issues, or requirements. A function is available to provide [53]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [54]PDF | [55]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [56]70 FR 44537, released June 14, 2005. [ [57]PDF | [58]Word ] NOTE: Erratum, released June 22, 2005.
• http://www.fcc.gov/mb/audio/includes/30-engrser.htm
  • because they illustrate policies, issues, or requirements. A function is available to provide [7]reference coordinates for communities in the USA __________________________________________________________________ June 9, 2006 Table of Allotments, Elgin and Lombard, IL MO&O, , DA 06-1226, 15 FCC Rcd 2766, released June 9, 2006 [ [8]PDF | [9]Word ]. NOTE: Allotment for changed transmitter site and community must comply with Section 73.207, not Section 73.213(a) for grandfathered short-spaced FM stations. June 14, 2005 Revision of Procedures Governing Amendments To FM Table of Allotments and Changes Of Community of License in the Radio Broadcast Services NPRM, MB Docket 05-210, FCC 05-120, 20 FCC Rcd 11142, [10]70 FR 44537, released June 14, 2005. [ [11]PDF | [12]Word ] NOTE: Erratum, released June 22, 2005.
• http://www.fcc.gov/mb/audio/includes/503-new-visitors.htm
  • Allotments) Allotment petitions for rulemaking are filed by station owners and other entities 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
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • field strength requirements. [117]TEXT [118]PDF 73.190 Engineering charts and related formulas. Subpart B -- FM Broadcast Stations [119]TEXT [120]PDF 73.201 Numerical designation of FM broadcast channels. [ [121]Frequency/Channel Conversions ] [122]TEXT [123]PDF 73.202 Table of Allotments. [124]TEXT [125]PDF 73.203 Availability of channels. [126]TEXT [127]PDF 73.204 International agreements and other restrictions on use of channels. [128]TEXT [129]PDF 73.205 Zones. [130]TEXT [131]PDF 73.207 Minimum distance separation between stations. [ [132]Spacing tables ] [133]TEXT [134]PDF 73.208 Reference points and distance computations. [135]TEXT [136]PDF 73.209 Protection from interference. [137]TEXT [138]PDF 73.210 Station classes. [ [139]FM Classes ] [140]TEXT [141]PDF 73.211 Power and antenna height requirements. [ [142]FMpower ] [143]TEXT [144]PDF 73.212 Administrative changes in authorizations. [145]TEXT [146]PDF 73.213 Grandfathered short-spaced stations. [147]TEXT [148]PDF 73.215 Contour
• http://www.fcc.gov/mb/audio/new-visitors.html
  • Allotments) Allotment petitions for rulemaking are filed by station owners and other entities 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
• http://www.fcc.gov/mb/audio/spacing/73215e.html
  • and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division Spacing Requirements for FM Contour Protection Stations under 47 CFR Section 73.215(e) (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing - 73.215(e) [14]Spacing - 73.207 [15]Skip Breadcrumb Site Navigation Links [16]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [17]Help | [18]Advanced | [19]Share [MB Shortcuts:........] Start Shortcut [20]Media Bureau Home [21]Bureau Documents [22]MB Divisions MB Divisions [23]Office of the Bureau Chief [24]Audio Division [25]Video Division [26]Policy Division [27]Industry Analysis Division [28]Engineering Division [29]Management and Resources Staff __________________________________________________________________ The Audio Division [30]Alphabetical Index [31]Experts
• http://www.fcc.gov/mb/audio/spacing/IF253.html
  • Content-Transfer-Encoding: 8bit Announcing a new FCC.gov. Tell us what you think and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division FM Broadcast Station Spacing Requirements (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing (73.207) [14]Canada [15]Mexico [16]Chan 253 [17]LPFM [18]Skip Breadcrumb Site Navigation Links [19]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [20]Help | [21]Advanced | [22]Share [MB Shortcuts:........] Start Shortcut [23]Media Bureau Home [24]Bureau Documents [25]MB Divisions MB Divisions [26]Office of the Bureau Chief [27]Audio Division [28]Video Division [29]Policy Division [30]Industry Analysis Division [31]Engineering Division [32]Management and Resources Staff __________________________________________________________________ The
• http://www.fcc.gov/mb/audio/spacing/canada.html
  • Content-Transfer-Encoding: 8bit Announcing a new FCC.gov. Tell us what you think and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division FM Broadcast Station Spacing Requirements (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing (73.207) [14]Canada [15]Mexico [16]Chan 253 [17]LPFM [18]Skip Breadcrumb Site Navigation Links [19]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [20]Help | [21]Advanced | [22]Share [MB Shortcuts:........] Start Shortcut [23]Media Bureau Home [24]Bureau Documents [25]MB Divisions MB Divisions [26]Office of the Bureau Chief [27]Audio Division [28]Video Division [29]Policy Division [30]Industry Analysis Division [31]Engineering Division [32]Management and Resources Staff __________________________________________________________________ The
• http://www.fcc.gov/mb/audio/spacing/index.html
  • Content-Transfer-Encoding: 8bit Announcing a new FCC.gov. Tell us what you think and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division FM Broadcast Station Spacing Requirements (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing (73.207) [14]Canada [15]Mexico [16]Chan 253 [17]LPFM [18]Skip Breadcrumb Site Navigation Links [19]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [20]Help | [21]Advanced | [22]Share [MB Shortcuts:........] Start Shortcut [23]Media Bureau Home [24]Bureau Documents [25]MB Divisions MB Divisions [26]Office of the Bureau Chief [27]Audio Division [28]Video Division [29]Policy Division [30]Industry Analysis Division [31]Engineering Division [32]Management and Resources Staff __________________________________________________________________ The
• http://www.fcc.gov/mb/audio/spacing/mexico.html
  • Content-Transfer-Encoding: 8bit Announcing a new FCC.gov. Tell us what you think and help shape the future [1]FCC Logo - Return to the FCC Home Page [2]Skip Primary FCC Navigation Links [3]Search | [4]RSS | [5]Updates | [6]E-Filing | [7]Initiatives | [8]Consumers | [9]Find People Audio Division FM Broadcast Station Spacing Requirements (202)-418-2700 [10]FCC > [11]MB > [12]Audio Division > [13]Spacing (73.207) [14]Canada [15]Mexico [16]Chan 253 [17]LPFM [18]Skip Breadcrumb Site Navigation Links [19]FCC site map Fax: 202-418-1411 Search the FCC: __________________ Submit [20]Help | [21]Advanced | [22]Share [MB Shortcuts:........] Start Shortcut [23]Media Bureau Home [24]Bureau Documents [25]MB Divisions MB Divisions [26]Office of the Bureau Chief [27]Audio Division [28]Video Division [29]Policy Division [30]Industry Analysis Division [31]Engineering Division [32]Management and Resources Staff __________________________________________________________________ The
• http://www.fcc.gov/ogc/documents/opinions/1996/redrock.html http://www.fcc.gov/ogc/documents/opinions/1996/redrock.wp
  • that FM transmitters be located at specified minimum distances from neighboring FM broadcast stations in order to prevent interference. North Texas Media, Inc. v. FCC, 778 F.2d 28, 30-31 (D.C. Cir. 1985). A site that does not meet the minimum separation requirement is "short spaced." The amount of separation depends on the classes of the affected stations. See 47 C.F.R. 73.207. Stations are primarily classified as A, B, or C, depending on their transmission range. North Texas Media, 778 F.2d at 31. Class A stations have the weakest power and thus the smallest area of coverage, while Class C stations have the largest. See 47 C.F.R. 73.207. Class C is divided in turn into three classes, C1, C2, and C3, the
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1031-080505.pdf
  • FCC 3 class designation signifying maximum and minimum signal strengths and antenna heights. Thus, channel 229C designates frequency 93.7, class C. See 47 C.F.R. �� 73.201-.202, .211(a)-(b). 2Generally, two proposals are mutually exclusive if channels that they propose would violate the FCC's prescribed minimum distances between stations of given classes and separations on the FM spectrum. See 47 C.F.R. �� 73.207(a)-(b). The purpose of these prescriptions is to limit signal interference. accepts comments on the initial proposal. It also accepts counterproposals that are "mutually exclusive" with the initial proposal.2 See 47 C.F.R. � 1.420(d); see also, e.g., Implementation of BC Docket No. 80-90 to Increase the Availability of FM Broadcast Assignments, 5 F.C.C.R. 931, � 4 n.5 (1990) ("Implementation of BC
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1057-051905.pdf
  • to WNNX's College Park proposal, Small amended his petition by requesting a station in Covington, Georgia. to substitute his Milledgeville, Georgia FM channel license for one located in Covington, Georgia.* College Park and Covington are both suburbs of Atlanta, Georgia. Small's and WNNX's proposals were mutually exclusive because of the proximity of College Park and Covington. See 47 C.F.R. � 73.207(b) (requiring minimum distance of 99 kilometers between adjacent Class C3 channels). In evaluating competing, mutually exclusive petitions, the FCC follows the allotment priorities established in Revision of FM Assignment Policies and Procedures, 90 F.C.C.2d 88 (1982) (FM Priorities). Under FM Priorities, the FCC accords first priority to a proposal that provides a community with "first full-time aural service." Id. at