FCC Web Documents citing 73.3573

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

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  • must be filed in accordance with the provisions of ��73.5006 and 73.3584. Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. 6. Amend � 73.3573 by revising paragraph (f)(5)(ii) to read as follows: � 73.3573 Processing FM broadcast station applications. * * * * * (f) * * * * * * * * (5) * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission
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  • at coordinates 34-24-53 NL and 112-24-14 WL. See File No. BPH-20000710AAW. The authorization was granted September 26, 2000, and expires September 26, 2003. Moreover, it cannot be disputed that Channel 236C must remain protected at Yuma until a license has been issued to cover the construction permit for Channel 236C2 at Yuma. In MM Docket No. 88-118, Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, the Commission stated: ``... after grant of a construction permit to modify the facilities of an existing FM authorization to a lower class, we will continue to protect the authorized facilities until the modified facilities are licensed (emphasis added). ... Upon licensing, we will amend the Table accordingly.''
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.txt
  • - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to bid. Enter the File Number of the pertinent broadcast application (i.e., FCC Form 301 for
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-179A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-179A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-179A1.txt
  • continue to refer to the licensee as ARS. See 13 FCC Rcd at 6604-5. This Section of the Act was discussed and considered in the Report and Order as the Budget Reconciliation Act of 1997. See 13 FCC Rcd at 6603. 143 Congressional Record H 6173 (July 29, 1997). See Report and Order in MM Docket 97-234 (1998); 47 CFR �73.3573(a)(1). The use of reserved band spectrum, Channels 256C3, 268C3 at the Dalles and the site for Channel 268C3 at The Dalles were raised in the Notice of Proposed Rule Making in this proceeding, see 11 FCC Rcd 1788 (1996). See Memorandum Opinion and Order in MM Docket 91-306 (Safford, AZ) 8 FCC Rcd 4498 (1993); Memorandum Opinion and Order in
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2211A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2211A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2211A1.txt
  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-272A1.txt
  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-274A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-274A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-274A1.txt
  • 253A at Keno are not short-spaced and, therefore, not mutually exclusive with the proposal in this proceeding to allot Channel 255A to Hornbrook. However, prior to the counterproposal deadline in this proceeding, both of the Keno applicants amended their applications requesting to upgrade Channel 253A at Keno on adjacent Channel 254C1 pursuant to the Commission's one-step upgrade rule (see Section 73.3573). These one-step upgrade amendments for Channel 254C1 at Keno are short-spaced under the Commission's minimum distance separation rules to proposed Channel 255A at Hornbrook, and for this reason, at least one of these applicants requests that their applications be considered as counterproposals in this proceeding. 5. Although these amendments are technically in conflict with the proposed allotment of Channel 255A
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  • FCC Rcd at 5084, fn. 23. This procedure tracks the methodology adopted by the Commission for applications deemed ``tentative selectees'' pursuant to the NCE comparative point determination process. See NCE MO&O, 16 FCC Rcd at 5103-04, para. 87. It also is consistent with the procedures adopted for non-mutually exclusive NCE applications submitted in future filing windows. See 47 C.F.R. � 73.3573(e)(4). See 47 C.F.R. � 73.3584. $ 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 0i
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to WJAG, Inc., licensee of Station KEXL at Norfolk, Nebraska, to show cause why its authorization should
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  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • 450 meters HAAT with 100 kW ERP. Harper asserts that because Station WBPT is operating below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the triggering procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. The staff has tentatively concluded that if WBPT operates as a Class C0 facility, any short-spacing between Station WBPT and the proposed use of Channel 292A at the proposed Maplesville site would be eliminated. For the reasons discussed below, we are issuing this Order to Show Cause directed to CXR Holdings, Inc. (``CXR''), licensee of Station
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  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1949A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1949A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1949A1.txt
  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application. The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table of Allotments. Therefore, we find for good cause that a
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  • meters HAAT. Harper asserts that because Station WOGK is operating below minimum Class C standards, it is subject to reclassification as a Class CO facility pursuant to the triggering procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, 15 FCC Rcd 21649 (2000) and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. The staff has tentatively concluded that if WOGK operates as a Class CO facility, any short-spacing between Station WOGK and the proposed use of Channel 229C3 at the proposed St. Simons Island site would be eliminated. For the reasons discussed below, we are issuing this Order to Show Cause directed to Ocala Broadcasting, L.L.C. (``Ocala Broadcasting''),
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. It asserts that because Station KJEL is operating below minimum Class C standards, it is subject to reclassification as a Class CO facility pursuant to the triggering procedures adopted recently by the Commission and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Four Him states that if KJEL operates as a Class CO facility, any short-spacing between Station KJEL and the proposed use of Channel 276A at the present Station KDAA site would be eliminated. For the reasons discussed below, we are issuing this Order To Show Cause directed to Ozark Broadcasting, Inc., the licensee of Station KJEL(FM),
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  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application. The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table of Allotments. Therefore, we find for good cause that a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2310A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2310A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2310A1.txt
  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to Cumulus Media L.L.C. (``Cumulus''), licensee of Station WLWI-FM at Montgomery, Alabama and American Family Association Incorporated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2819A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2819A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2819A1.txt
  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to Entercom Greensboro License, LLC (``Entercom''), licensee of Station WJMH, Reidsville, North Carolina. Entercom is required to
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to WDOD of Chattanooga, Inc. (``WDODCI''), licensee of Station WDOD, Chattanooga, Tennessee. WDODCI is required to show
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  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-490A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-490A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-490A1.txt
  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • amended by revising paragraph (a)(1) to read as follows: � 73.3564 Acceptance of applications. (a)(1) Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau, where an administrative examination is made to ascertain whether the applications are complete. Except for applications for minor modifications of facilities in the non-reserved FM band, as defined in � 73.3573(a)(2), long form applications subject to the provisions of � 73.5005 found to be complete or substantially complete are accepted for filing and are given file numbers. In the case of minor defects as to completeness, a deficiency letter will be issued and the applicant will be required to supply the missing or corrective information. Applications that are not substantially complete
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  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • Audio Division: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
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  • provided that it also pays a late fee equal to five (5) percent of the amount due. The following service-specific rules, which conflict or are redundant with all or part of section 1.2107 of the Commission's rules, are modified or removed in whole or in part: 21.955(a), (c); 21.958; 22.211(b); 22.213; 22.965(b); 24.706(b); 24.711(a)(2); 24.716(a)(2); 25.404(a), (b); 26.206; 26.207; 27.206; 73.3573(f)(5)(i); 73.5003(b)-(c); 74.1233(d)(5)(i); 90.807(b); 90.808; 90.907(b); 90.908; 90.1011(b); 90.1013; 100.76(b); 101.531; 101.1105(b); 101.1205(b); and 101.1206. Procedures for filing petitions to deny against long-form applications. Section 1.2108 of the Commission's rules describes the timing and procedures for filing petitions to deny a winning bidder's long-form application. The period for filing a petition to deny commences after the Commission releases a public notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • provided that it also pays a late fee equal to five (5) percent of the amount due. The following service-specific rules, which conflict or are redundant with all or part of section 1.2107 of the Commission's rules, are modified or removed in whole or in part: 21.955(a), (c); 21.958; 22.211(b); 22.213; 22.965(b); 24.706(b); 24.711(a)(2); 24.716(a)(2); 25.404(a), (b); 26.206; 26.207; 27.206; 73.3573(f)(5)(i); 73.5003(b)-(c); 74.1233(d)(5)(i); 90.807(b); 90.808; 90.907(b); 90.908; 90.1011(b); 90.1013; 100.76(b); 101.531; 101.1105(b); 101.1205(b); and 101.1206. Procedures for filing petitions to deny against long-form applications. Section 1.2108 of the Commission's rules describes the timing and procedures for filing petitions to deny a winning bidder's long-form application. The period for filing a petition to deny commences after the Commission releases a public notice
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. In this
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. We reiterated
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's Rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • the bidder should use the corrected number. 47 C.F.R. �� 1.2104(g), 1.2109(c). See 47 C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). See ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See also 47 C.F.R. � 73.3573(f)(5)(i). 47 C.F.R. � 1.2107(c). Pub. L. 105-33, 111 Stat. 251 (1997). 47 C.F.R. �1.2108(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030
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  • operating below the minimum Class C antenna height requirement of 451 meters in HAAT. SSR asserts that because Station WSTR is operating below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the triggering procedures adopted recently by the Commission and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. SSR states that if Station WSTR operates as a Class C0 facility, any short-spacing between Station WSTR and the proposed use of Channel 230A at SSR's proposed allotment site would be eliminated. For the reasons discussed below, we are issuing this Order To Show Cause directed to Jefferson-Pilot Communications Company of Georgia , the licensee of
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
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  • height above average terrain (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station KEZK-FM is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Pursuant to the requirements set forth in Section 73.3573 Note 4, an Order to Show Cause directed to Infinity Radio Subsidiary Operations, Inc. (``Infinity''), licensee of Station KEZK-FM, St. Louis, Missouri, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commissions Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
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  • minimum Class C antenna height of 451 meters HAAT. SSR asserts that as Station WYSF currently operates below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the Commission's Second Report and Order in MM Docket No. 98-93, 15 FCC Rcd 21649 (2000), and as set forth in 1.420(g), note 2, and Section 73.3573, note 4 of the Commission's Rules. For the reasons discussed below we are reissuing this Order to Show Cause to Citadel Broadcasting Company (``Citadel''), licensee of Station WYSF, Channel 233C, Birmingham, Alabama. 2. Pursuant to the reclassification procedures set forth in the Second Report and Order, supra, and Section 1.420(g), note 2, the reclassification of a Class C FM station
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commissions Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
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  • adopted by the Commission. See Second Report and Order in MM Docket 98-93, (1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules), 15 FCC Rcd 21649 (2002), and as set forth in Section 1.420(g), note 2, and Section 73.3574, note 4, of the Rules. Pursuant to the requirements set forth in Section 73.3573, note 4, an Order to Show Cause (``OSC''), 17 FCC Rcd 8807 (2002), was issued to WJAG, Inc., licensee of Radio Station KEXL, Norfolk, Nebraska, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to otherwise challenge the proposed action. No response was received, and
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commissions Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
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  • Channel 259A at Pine Haven, Wyoming in order to accommodate a minor modification application it filed, which proposed the upgrade of Station KRKI(FM) to specify operation on Channel 258C0 in lieu of Channel 258A at Newcastle, Wyoming (BPH-20030919AAU). Petitioner filed an amendment to its rule making proposal that requested the incorporation of this minor modification application. See 47 C.F.R. � 73.3573(a)(1). The reference coordinates for Channel 258C0 at Newcastle are 43-52-10 North Latitude and 103-45-04 West Longitude. The reference coordinates for Channel 260A at Pine Haven are 44-21-28 North Latitude and 104-48-36 West Longitude. The FM Table of Allotments has not been amended to reflect the grant of a license application for Station KRKI(FM) to specify operation on Channel 258A in
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to Jackson Telecasters, Inc. (``Jackson''), licensee of Station WDEF-FM, Chattanooga, Tennessee. Jackson is required to show cause
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  • C antenna height of 451 meters HAAT. Petitioner asserts that because Station KEZK-FM is operating below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the triggering procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. The staff has tentatively concluded that if KEZK-FM operates as a Class C0 facility, any short-spacing between Station KEZK-FM and the proposed use of Channel 271B1 at the proposed Okawville site would be eliminated. For the reasons discussed below, we are issuing this Order to Show Cause directed to Infinity Radio Subsidiary Operations, Inc. (``Infinity''), licensee
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  • 450 meters HAAT with 100 kW ERP. Petitioner asserts that because Station KRFX(FM) is operating below minimum Class C facilities, it is subject to reclassification as a Class C0 facility pursuant to the triggering procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, and outlined in note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. The staff has tentatively concluded that if KRFX(FM) operates as a Class C0 facility, any short-spacing between Station KRFX(FM) and the proposed use of Channel 279C1 at the proposed site would be eliminated. For the reasons discussed below, we are issuing this Order to Show Cause directed to Jacor Broadcasting of Colorado, Inc. (``Jacor''), licensee of
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  • minimum Class C antenna height of 451 meters HAAT. SSR asserts that as Station WYSF currently operates below minimum Class C standards, it is subject to reclassification as a Class C0 facility pursuant to the Commission's Second Report and Order in MM Docket No. 98-93, 15 FCC Rcd 21649 (2000), and as set forth in 1.420(g), note 2, and Section 73.3573, note 4 of the Commission's Rules. 2. Pursuant to the reclassification procedures set forth in the Second Report and Order, supra, and Section 1.420(g), note 2, the reclassification of a Class C FM station to a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commissions Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1028A1.txt
  • reclassify Station KEZK-FM to Channel 273C0. To initiate this process, we issued an Order to Show Cause to Station KEZK-FM's licensee, Infinity Radio Subsidiary Operations, Inc.(``Infinity''), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to otherwise challenge the proposed action, as required by Section 73.3573 Note 4 of the Commission's Rules. Infinity filed no response, and therefore, in accordance with the Commission's procedures, Station KEZK-FM is being reclassified to specify operation on Channel 273C0 instead of Channel 273C at St. Louis, Missouri. The proposed reallotment of Station WIBV was filed pursuant to the provisions of Section 1.420(i) of the Commission's rules, which permits the modification
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  • (``kW'') at 309 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. Station WYSF(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573 Note 4, we issued an Order to Show Cause directed to Citadel Broadcasting Company (``Citadel''), licensee of Station WYSF(FM), Birmingham, Alabama, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to otherwise
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  • Groups of Noncommercial Education Broadcast Applications Due by June 4, 2001,'' 16 FCC Rcd 6893 (MMB Mar. 22, 2001), extended by Public Notice, ``Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001,'' 16 FCC Rcd 10892 (MMB May 24, 2001). See 47 C.F.R. � 73.3525. See 47 C.F.R. � 73.3573(e). Amendments will not be accepted on paper or via email. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov h� h� # ( � � � � � � � � � h� hj hj hj hj hj hj hj
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  • applicable late fees, in accordance with Section 1.2109(a). The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. WTB now employs a final payment deadline different from that described above. Consistent with current WTB practice, for Auction No. 37, the Bureaus are considering rule changes to conform Sections 73.3573(f)(5)(ii) and 73.5006(d) to analogous Part 1 auction rules. If adopted, each winning bidder would be required to submit the balance of the net amount of its winning bids within 10 business days after the deadline for submitting down payments. Long-Form Application Within thirty days after the release of the auction closing notice, winning bidders must electronically submit a properly completed
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Cox to show cause why Station WKQL(FM)'s license should not be modified to specify operation on Channel 245C0
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Clear Channel Broadcasting Licenses, Inc. (``Clear Channel'') to show cause why Station KTST(FM)'s license should not be modified
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Renda Broadcasting Corporation of Nevada (``Renda'') to show cause why Station KRXO(FM)'s license should not be modified to
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Jefferson-Pilot Communications Company of Georgia (``Jefferson-Pilot'') to show cause why Station WSTR(FM)'s license should not be modified to
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Clear Channel Broadcasting Licenses, Inc. (``Clear Channel'') to show cause why Station KMOD-FM's license should not be modified
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • effective radiated power of 100 kilowatts at 392 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 450 meters HAAT. Crawford asserts that as Station KURB(FM) currently operates below minimum Class C standards, it is subject to reclassification as a Class C0 facility and as set forth in 1.420(g), note 2, and Section 73.3573, note 4 of the Commission's Rules. For the reasons discussed below we are issuing this Order to Show Cause to Citadel Broadcasting Company (``Citadel''), licensee of Station KURB(FM), Little Rock, Arkansas. 2. The reclassification of a Class C FM station to a Class C0 station may be initiated through the filing of a petition for rule making to amend the
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  • Chief, Audio Division: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the FM Table of Allotments. Therefore, we find for
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 5. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 5. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to KMMY, Inc., to show cause why Station KMMY(FM)'s license should not be modified to specify operation on Channel
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Citadel Broadcasting Company, to show cause why Station KURB(FM)'s license should not be modified to specify operation on
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Malkan FM Associates, to show cause why Station KZFM(FM)'s license should not be modified to specify operation on
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  • A. Karousos Assistant Chief Audio Division Media Bureau Calhoun, Georgia, 19 FCC Rcd 9250 (MB 2004). AM Stations WJTH and WEBS are licensed to Calhoun. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Station WYSF(FM) operates on Channel 233C with an effective radiated power (``ERP'') of 100 kilowatts (``kW'') at 309 meters height above average terrain (``HAAT''), which is below the minimum Class C facilities of 451 meters HAAT an 100 kilowatts ERP. The distance between the required site for proposed Channel 233A at Calhoun and Station WYSF(FM)'s licensed
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  • C.F.R. � 1.2109(a). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2109(c). See 47 C.F.R. � 1.2109(d). 47 C.F.R. � 73.5005(a). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). Applicants are also reminded that the Commission's ``red light rule'' implementing the Debt Collection Improvement Act has recently become effective. 47 C.F.R. � 1.1910. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. Id.;
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  • the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 420-21 (1994); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communication Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16266 (2000). Wirefree Request at 2. See 47 C.F.R. �� 73.3573(f)(5)(ii); 73.5006(d). See Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10605 (WTB/MB 2004). See, e.g., ``Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004; Notice and Filing Requirements, Minimum Opening Bids,
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  • Chief, Audio Division: This Order amends Section 73.202(b) of the Commissions Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the Table of Allotments. Therefore,
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  • 7 . 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 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000), 47 C.F.R. � 1.420(g), n.2, and 47 C.F.R. � 73.3573, n.4 . In the event the Petitioner continues to believe that FM Station WJDC is not operating at its licensed site, the appropriate forum to resolve this issue would be the Enforcement Bureau, Spectrum Enforcement Division, 445 12th Street, SW, Washington, DC 20554. (...continued from previous page) (continued....) Federal Communications Commission DA 04-966 Federal Communications Commission DA 04-966 E F
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Renda Broadcasting Corporation of Nevada (``Renda'') to show cause why Station KMGL(FM)'s license should not be modified to
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • which is different from the final payment deadline employed in Auction No. 81. See e.g., Auction of Licenses in the Multichannel Video Distribution and Data Service Rescheduled for January 14, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 17553, 17588 (Wireless Telecom. Bur. 2003). See 47 C.F.R. �� 1.2109(a); 73.3573(f)(5)(ii); 73.5006(d). See 47 C.F.R. �� 1.2112(b) and 73.5005. See Abundant Life, Inc., 17 FCC Rcd 4006 (2002); Winstar Broadcasting Corp., 17 FCC Rcd 6126 (2002); Delta Radio, Inc., 18 FCC Rcd 16889 (2003). See 47 C.F.R. � 1.2109(b) and (c). 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.2105(a)(2)(xi). See 47 C.F.R. � 1.2106(a). See 47 C.F.R. � 1.2105. See
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Pacific Empire to show cause why Station KCLK-FM's license should not be modified to specify operation on Channel
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  • new entrant bidding credit, such information must be clearly stated in the bidder's amendment. See Liberty Productions, supra note 42, 16 FCC Rcd at 12078. MMTC suggests that the Commission provide for immediate reporting of bidding credit disentitlements, as it did in Auction No. 37. MMTC Comments at 6. See 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(a). Id. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id. at 6699-6701. See also 47 C.F.R. � 73.5002(b).
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Texas Infinity to show cause why Station KAMX(FM)'s license should not be modified to specify operation on Channel
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Journal Broadcast Corporation (``Journal'') to show cause why Station KYQQ(FM)'s license should not be modified to specify operation
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the FM Table of Allotments. Therefore, we find for
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  • and King's Temple's application for a new NCE FM station . . . will serve the public interest, convenience, and necessity.'' Pursuant to Section 73.561(b)(2) as construed by the staff, the matter was designated ``for an expedited hearing limited solely to the issue of sharing time.'' In its Petition, PBE asserts that KTM's competing application must be dismissed under Section 73.3573 of our rules because KTM's ownership allegedly changed significantly during the pendency of that application. Moreover, PBE argues that insofar as KTM failed to notify the Commission of such ownership changes, KTM violated Section 1.65 of the rules. In addition, notwithstanding the fact that WVPH(FM)'s license term under review ended on June 1, 1998, PBE proffers that the station has
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. As a result, FM Station KNUE is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Capstar Royalty II Corporation (``Capstar Royalty''), licensee of FM Station KNUE, Tyler, Texas, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status,
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  • 313 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. As such, Station KSHE(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Emmis Radio License, LLC (``Emmis Radio''), licensee of Station KSHE(FM), Crestwood, Missouri, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or
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  • average terrain (HAAT), which is below the minimum Class C antenna height of greater than 450 meters HAAT with 100 kW ERP. The distance between the required site for requested Channel 251C3 at Altheimer and the license site of Station KURB(FM) is 88.6 kilometers, which is less than the required minimum distance separation of 96 kilometers. See 47 C.F.R. �� 73.3573, n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662, � 26. See In Re Reclassification of License of Station KURB(FM), Little Rock, Arkansas, FCC Rcd (MB 2004). Coordinates for Channel 251C3 at Altheimer are 34-09-00 NL and 91-56-00 WL. As indicated above, the minimum distance separation requirements are met based on the reclassification
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  • Report and Order, FM Station KIOC is subject to reclassification as a C0 facility because the station operates below the minimum Class C standards. In this regard, FM Station KIOC currently operates on Channel 291C with an effective radiated power (``ERP'') of 100 kilowatts at 326 meters height above average terrain (``HAAT''). Consistent with the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Capstar TX Limited Partnership (``Capstar TX''), licensee of FM Station KIOC, Channel 291C, Orange, Texas, affording it an opportunity to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to otherwise challenge the proposed action. Capstar TX filed a
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  • 2004) (``Notice''). On May 17, 2004, First Broadcasting Capital Partners, LLC became the licensee of Stations WOXY(FM) and WAXZ(FM). See File Nos. BALH-20040126AMT and BALH-20040127ADR. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Citing Crisfield, Maryland, et.al, 18 FCC Rcd 19561 (MB 2003), recon. granted in part, 19 FCC Rcd 14612 (MB 2004). Window Announced for Universal Settlements of Pending Rulemaking Proceedings to Amend FM Table of Allotments, 20 FCC Rcd 10756 (MB 2005) (``Public Notice''). See Modification of FM and TV Authorizations to Specify a New Community of
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  • kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, FM Station KCYY is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to CXR Holdings, Inc. (``CXR''), licensee of FM Station KCYY, San Antonio, Texas, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Univision to show cause why Station KOVE-FM's license should not be modified to specify operation on Channel 293C0 in lieu of
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  • kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, FM Station WOGK is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. 3. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Ocala Broadcasting, L.L.C. (``Ocala Broadcasting''), licensee of FM Station WOGK, Ocala, Florida, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status,
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station WKQL(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Cox Radio, Inc., licensee of Station WKQL(FM), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station WKQL(FM), Jacksonville, Florida, 19 FCC
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Clear Channel to show cause why Station WUSW's license should not be modified to specify operation on Channel
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  • at 325 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore, Station KYKS is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. To this end, we issued an Order to Show Cause directed to Capstar TX Limited Partnership (``Capstar TX''), licensee of Station KYKS, Lufkin, Texas, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to otherwise challenge the proposed action. No response
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
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  • would be eliminated. We issued an Order to Show Cause directed to Texas Infinity Radio, L.P. (``Texas Infinity''), licensee of Station KAMX(FM), to show cause why its facilities should not be reclassified. Texas Infinity did not respond, and therefore, Station KAMX(FM)'s license is reclassified to Channel 234C0. See Various Locations, DA 05-2940 (released November 10, 2005). See 47 C.F.R. �� 73.3573, n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662, � 26. Coordinates for Channel 253A at Lometa are 31-18-45 NL and 98-26-45 WL. As indicated above, the minimum distance separation requirements are met based on the reclassification of Station KELI (FM) to specify operation on Channel 254C0 rather than Channel 254C, at San
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  • � 1.917. 47 C.F.R. � 1.65. For example, if ownership changes result in the attribution of new interest holders that affect the applicant's qualifications for a new entrant bidding credit, such information must be clearly stated in the applicant's notification. See Liberty Productions, 16 FCC Rcd at 12078. See 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(a). 47 C.F.R. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id. at 6699-6701. See also 47 C.F.R. � 73.5002(b).
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Waller Media, LLC, to show cause why Station KYKX's license should not be modified to specify operation on
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an Order to Show Cause as set forth in Note 4 to Section 73.3573, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Bristol Broadcasting to show cause why Station WAEZ(FM)'s license should not be modified to specify operation on Channel 235C0 in lieu
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. This action constitutes an editorial change in the FM Table of Allotments. Therefore, we find for
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  • Class C antenna height of greater than 450 meters HAAT with 100 kW ERP. Therefore, Station KURB(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Citadel Broadcasting Company, licensee of Station KURB(FM), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station KURB(FM), Little Rock, Arkansas, FCC
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station WSTR(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Jefferson-Pilot Communications Company of Georgia, licensee of Station WSTR(FM), affording it 45 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station WSTR(FM) Smyrna, Georgia,
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Renda Broadcasting Corporation of Nevada, to show cause why Station KHTT's license should not be modified to specify
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore, Station KRFX(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Jacor Broadcasting of Colorado, Inc. (``Jacor''), licensee of Station KRFX(FM), Denver, Colorado, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station KURB(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Citadel Broadcasting Company, licensee of Station KURB(FM), affording it 45 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station KURB(FM) Little Rock, Arkansas, 19
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  • Class C0 station through the filing of an original petition for amendment of the FM Table of Allotments. In those instances in which a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to Section 73.3573 of the Rules, and a Notice of Proposed Rule Making will be issued only after the reclassification issue is resolved. In order to comply with the foregoing reclassification procedures, it is first necessary to issue this Order to Show Cause directed to Encore Broadcasting to show cause why Station KELI(FM)'s license should not be modified to specify operation on Channel
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  • aural broadcast service. This proposal requires the reclassification of Station WHYI-FM, Channel 264C, Fort Lauderdale, Florida to specify operation on Channel 264C0. Station WHYI-FM is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Station WHYI-FM operates on Channel 264C with an effective radiated power (``ERP'') of 100 kilowatts (``kW'') at 307 meters height above average terrain (``HAAT''), which is below the minimum Class C antenna height of 451 meters HAAT. The distance between the requested site for proposed Channel 262A at Lake Park, Florida and the Station WHYI-FM licensed
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  • Audio Division Media Bureau Lovelady, Texas, Oil City, Louisiana and Reclassification of License of FM Station KYKS, Lufkin, Texas, 20 FCC Rcd 2197 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. (...continued from previous page) (continued....) Federal Communications Commission DA 06-111 Federal Communications Commission DA 06-111 h� h� h� h 1 2 � � ! ' / 1 ? Y f g h i j m u w z | }  � � � � � tm � � � � (R) � � � �
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  • a copy of this Notice of Proposed Rule Making on World Radio Link, Inc., so that it can participate in this rulemaking proceeding. See 1988 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000), and 47 C.F.R. �� 1.420(g), Note 2 and 73.3573, Note 4. Reclassification of License, Order to Show Cause, 20 FCC Rcd 12182 (MB 2005). See Various Locations, Report and Order, 21 FCC Rcd 2231 (MB 2006). See Letter to Frederick A. Polner, December 14, 2001. See Lincoln, Osage Beach, Steelville, and Warsaw, MO, Report and Order, 7 FCC Rcd 3015 (MMB 1992). See 47 C.F.R. � 1.429(b)(1) (reconsideration can
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
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  • height above average terrain (HAAT), which is below the minimum Class C antenna height 451 meters HAAT. Station KAMX(FM), Luling, Texas, currently operates on Channel 234C with an effective radiated power (``ERP'') of 100 kilowatts (``kW'') at 398 meters height above average terrain (HAAT), which is below the minimum Class C antenna height 451 meters HAAT. See 47 C.F.R. �� 73.3573, n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662, � 26. Pursuant to an assignment of license (File No. BALH-20051206AAY) granted on January 19, 2006, the licensee of Station KELI(FM) is now Double O Texas Corp. We will serve this party a copy of this Report and Order. See Various Locations, Report and
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  • In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that Neely apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Neely is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Neely's waiver request and accept his application for filing. II. BACKGROUND 2.
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  • 2001, BCI submitted an application (File No. BPH-20011228AAO) for a one-step upgrade of its facilities from Channel 240C2 to Channel 240C1. Due to spacing constraints with WRKH(FM) and the fact that WRKH(FM) operates at less than minimum Class C HAAT requirements, BCI's application also requested reclassification of WRKH(FM) from a Class C to a Class C0 station. Pursuant to Section 73.3573, CCBL, on February 26, 2002, duly filed a modification application (File No. BPH-20020226ACL) which specified Class C facilities. CCBL's application was granted, and a construction permit was issued on June 13, 2002. Accordingly, BCI's upgrade application was dismissed on June 14, 2001. See id; see also File No. BLH-20050615ACP. See Opposition at 3. BCI notes that in the public interest
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  • 100 kilowatts at 309 meters height above average terrain (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station WKQL(FM) is subject to reclassification as a Class C0 facility. Petitioner certified, as required, that no other channels were available for allotment at Homerville. Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Cox Radio, Inc., licensee of Station WKQL(FM), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. No response was received, and therefore, in accordance with the Commission's reclassification procedures
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  • FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Lake Park, Florida, Notice of Proposed Rule Making, 20 FCC Rcd 19396 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See Reclassification of License of Station WHYI-FM, Fort Lauderdale, Florida, Order to Show Cause, 19 FCC Rcd 17449 (MB 2004). As stated in the Notice, Lake Park is an incorporated town listed in the 2000 U.S. Census with a population of 8,721 persons. Petitioner states that Lake Park has its own mayor, town manager, elementary school, fire department,
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  • Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Auxvasse, Missouri, Notice of Proposed Rule Making, FCC Rcd (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See File No. BLH-19870504KB. In this regard, we issued an Order to Show Cause directed to Emmis Radio License, LLC, (``Emmis Radio''), licensee of Station KSHE(FM), Crestwood, Missouri, affording it 30 days to express in writing an intention to seek authority to upgrade Station KSHE(FM)'s technical facilities to preserve Class C status, or to otherwise challenge the proposed
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  • 12078. Events occurring after the short-form filing deadline, such as the acquisition of attributable interests in media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately. See 47 C.F.R. � 1.2105(b)(2). See 47 C.F.R. � 12105(a). See infra Section III.D. ``Upfront Payments - Due December 11, 2006.'' See 47 C.F.R. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id. at 6699-6701. See also 47 C.F.R. � 73.5002(b).
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  • administrative notice, we conclude that Fatima Response, Inc. (``FRI''), as currently incorporated, is not the FRI that originally filed the above-referenced application, and that FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. Moreover, because FRI's membership has undergone two major changes since its application was filed, the application must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we dismiss FRI's application. Background. On November 8, 1995, FRI, doing business as St. Michael's Catholic Radio, filed the above-referenced application. According to the original application, FRI's address was 2044 Beverly Plaza, Suite 281, Long Beach, California 90815. The members of FRI listed in the application were Kimberly Thompson and Christine Matson, with Thompson listed as
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
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  • an application for transfer of a controlling interest in a licensee was to have been filed on a Form 315, except for pro forma or involuntary transfers of control, which are filed on a Form 316. Thus, a transfer to a personal representative, being involuntary, was exempt from the rule requiring a new file number. See, e.g., 47 C.F.R � 73.3573(b) (1998). See also Richardson Broadcasting Group, 3 FCC Rcd 5453 (MMB 1988) (involuntary transfer of control due to death of original applicant does not require assignment of new file number to pending application). See Rose Broadcasting Co., 68 FCC 2d at 1247 (amendment transferring deceased stockholder's 51 percent interest in applicant to personal representative satisfies ``good cause'' test for acceptance);
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  • 12078. Events occurring after the short-form filing deadline, such as the acquisition of attributable interests in media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately. See 47 C.F.R. � 1.2105(b)(2). See 47 C.F.R. � 12105(a). See infra Section III.D. ``Upfront Payments - Due February 5, 2007.'' See 47 C.F.R. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id., 18 FCC Rcd at 6699-6701. See also 47
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  • Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). To obtain the Short Form file number, go to CDBS Public Access (http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``20050%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in
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  • Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau St. Simons Island, Georgia, 20 FCC Rcd 15244 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Station WOGK operates on Channel 229C with the minimum effective radiated power of 100 kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters. See Reclassification of License of Station WOGK(FM), Ocala, Florida, 17 FCC Rcd 1657 (MMB 2002). See Public Notice, DA 04-3647, dated November 18, 2004. Channel
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  • 279C with less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, FM Station WUSW is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Clear Channel Broadcasting Licenses, Inc. (``Clear Channel''), licensee of FM Station WUSW, Hattiesburg, Mississippi, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C
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  • application. In 2001, NABC filed a similar application proposing a site change which also required the reclassification of Station WPAY to Class C0. That application triggered the filing of an application by Station WPAY specifying minimum Class C facilities. The application was granted on September 26, 2003. As a result, the NABC application was dismissed under Note 4 of Section 73.3573 of the rules. NABC filed a Petition for Reconsideration directed to the dismissal of its application and the application thus remains pending. Under Section 73.3518 of the rules, we cannot consider the subsequent inconsistent and conflicting NABC application in this proceeding until final disposition of the NABC Petition for Reconsideration. Waiving this rule in these circumstances would not be conducive
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  • Channel 293C with less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, Station KYQQ(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Journal Broadcast Corporation (``Journal''), licensee of Station KYQQ(FM), Arkansas City, Kansas, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to
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  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
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  • Division, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Meyersville, Texas, 20 FCC Rcd 13003 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Public Notice, Report No. 27453, released January 25, 2006. Station KCYY operates on Channel 262C with the minimum effective radiated power of 100 kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters. See Reclassification of License of Station KCYY(FM), San Antonio, Texas, 19 FCC Rcd 19482 (MB 2004).
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  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • Assistant Chief Audio Division Media Bureau Rock River, Lusk, Gillette, Moorcroft, Pine Haven, Upton, Wyoming, and Edgemont, Custer, Murdo, Wall and Ellsworth AFB, South Dakota have been added to the caption. See Public Notice, Report No. 2717, released June 24, 2005. Wheatland, Wyoming, 20 FCC Rcd 5252 (MB 2005). See File No. BLH-20011018AFC. See File No. BPH-20030602ACU. Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413(1989), see also 47 C.F.R. � 73.208(a)(1). See Cloverdale, Montgomery and Warrior, Alabama, 12 FCC Rcd 2090 (MMB 1997), see also Cut and Shoot, Texas, 11 FCC Rcd 16383 (MMB 1996). 90 FCC 2d 88, 91 (1988). The FM Allotment priorities are (1) First full-time
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  • COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Glenmora and Marksville, Louisiana, Notice of Proposed Rule Making, 20 FCC Rcd 12971 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See Reclassification of License of Station KIOC, Orange, Texas, Order to Show Cause, 19 FCC Rcd 19486 (MB 2004). (continued....) Federal Communications Commission DA 07-1128 Federal Communications Commission DA 07-1128 �@��� �@��� �@��� �@��� gd~ gd~ gd~ gd~ gd~ gd~ � gd~ gd~ " 4 O /O Q k l � � � � / 0 1 Y
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  • Bureau ``improperly plucked Capstar's conflicting minor modification application...from the queue and granted it'' extinguishing Great Scott's asserted right to seek reconsideration of the April 13, 2004, decision dismissing its Application. This, it claims, violated Great Scott's right to seek reconsideration under Section 405 of the Communications Act of 1934, as amended (the ``Act''), and the application processing provisions of Section 73.3573(f)(i) of the Commission's Rules. It contends that the grant of the Capstar application renders impossible a fair and impartial consideration of Great Scott's reconsideration Petition. It claims that it was the ``lead applicant'' with a right to pursue its Application to a ``final determination'' before the Capstar application could even be considered. Additionally, it contends that the Commission has recently
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  • Mandatory Electronic Filing of FCC Forms 301, 314, and 315, Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200612%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit Application
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  • only Form 301 and submit the appropriate minor modification application fee. See Section 73.203(b). Example 4 (Licensed station changing to a non-adjacent channel): Station A proposes to substitute 277A for 221A. No change in community of license is proposed. Procedure: Station A must file Form 301 and submit the appropriate minor modification application filing fee. See Paragraph 16 and Section 73.3573(a)(1)(iv). Example 5 (Licensed station proposing a non-adjacent channel upgrade): Station A proposes to substitute 277C3 for 221A. No change in community of license is proposed. Procedure: Station A may file a petition for non-adjacent channel upgrade (similar to a petition for rulemaking). See Paragraph 15. Or: Station A may file a minor change application to substitute 277A for 221A. Upon
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  • of Section 73.3568(a)(1) of our Rules. We likewise find that RCIA, as incorporated, is not composed of the same parties the above-referenced original RCIA Keno application, and that those original parties have failed to prosecute their application. Moreover, because both FRI's and RCIA's membership has undergone major changes since their applications were filed, the applications must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we re-affirm our dismissal of the above-referenced applications. Background. FRI. On February 6, 1995, FRI, doing business as St. Michael's Catholic Radio, filed its above-referenced application. According to the original application, FRI's address was 2044 Beverly Plaza, Suite 281, Long Beach, California 90815. The principals of FRI listed in the application were Kimberly Thompson and Christine
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  • See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982), recon. denied, Memorandum Opinion and Order, 56 RR 2d 448 (1983). 47 C.F.R. � 1.420(i). Under our recently revised procedures for requesting changes in community of licensee, see note 12, supra, FM change of community requests should now be made pursuant to Section 73.3573 of the Commission's Rules. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990). See note 11, supra, for the FM allotment priorities. Federal Communications Commission DA 07-2196 Federal Communications Commission DA 07-2196 h %
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  • this proceeding, contact Victoria M. McCauley, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Jacor as licensee of Station KRFX(FM), Denver, Colorado. See In Re Reclassification of License of Station KRFX(FM), Denver, Colorado, 18 FCC Rcd 3220 (MB 2003) Jacor responded and filed the necessary application (File No. BPH-20030424AA), whose grant was subsequently rescinded. See Public Notice, Report No. 25498 (June 3, 2003).
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  • responds that the Commission appropriately waived the Rules with respect to gradual changes in HAC's governing board; that any failure to file timely amendments reflecting the gradual change was due to inadvertence and not to any intention to deceive; and that the relationship between HAC and the Church does not present any real party in interest question. Pursuant to Section 73.3573 of the Rules, a fifty percent change in the governing board of an NCE applicant would generally be considered a ``major change'' and would not be permissible outside of a filing window. Moody, however, ignores the fact that the Commission waived Section 73.3573 for HAC and other similarly situated NCE applicants that experienced gradual ownership changes where those changes were
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  • 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 in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212 (2006), FM change of community requests should now be made pursuant to Section 73.3573 of the Commission's Rules. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990). 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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  • Commission,'' citing Ted Tucker and Jana Tucker, 4 FCC Rcd 3625, 3628 (1999). That case is inapposite. Tucker involved the issue of whether the Tuckers' application to change the antenna system for an FM translator station, from a directional to omni-directional antenna and reduce effective radiated power, should be classified as a major or minor change application pursuant to Section 73.3573(a)(1). This issue arose because the Tuckers' filed their modification application five days after the Commission's implementation of a freeze on the acceptance of applications for new commercial FM translator stations and for major changes in the facilities of existing FM translator stations. The case did not involve Section 74.751 of the Rules, which requires that changes in the transmitting antenna
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  • KYQQ(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause, Reclassification of License of Station KYQQ(FM)) Arkansas City, Kansas, Order to Show Cause, 20 FCC Rcd 12122 (MB 2005), directed to Journal Broadcast Corporation (``Journal''), licensee of Station KYQQ(FM), Arkansas City, Kansas, affording it 30 days to express
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  • window will result in its dismissal with prejudice. Updated ownership information, if necessary, also must be submitted during the window. In the NCE Omnibus Order, the Commission determined that it would be unreasonable to penalize applicants for routine and inevitable changes in applicant governing bodies over time. On this basis the Commission waived and directed the staff to waive Section 73.3573 of the Commission's Rules (the ``Rules'') for NCE FM applicants that experienced gradual but substantial ownership changes over time but not as a result of a party or parties efforts to gain control over an NCE station application. An affected applicant should request a Rule waiver as part of its window-filed ownership amendment. Comparative Consideration of Applications. Maximum qualifications for
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  • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that ESW apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing timely to file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that ESW is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant ESW's waiver request and accept its application for filing. II. BACKGROUND 2.
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  • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that BKM apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that BKM is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant BKM's waiver request and accept its application for filing. II. BACKGROUND 2.
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  • for, among other things, late filing and unauthorized operation. Accordingly, the amendment does not cure the Section 73.509 violation for which the Application was initially dismissed. Finally, we reject Superior's argument that WBFH(FM)'s license renewal application should be placed in a ``queue'' behind its modification application for WHYT(FM). Because the expiration of the WBFH(FM) license was not final, under Section 73.3573(e) of the Rules, the WBFH(FM) license renewal application, albeit untimely, is the ``lead application'' and is entitled to precedence over the WHYT(FM) modification application. Conclusions/Actions. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed by Superior Communications IS DENIED, and that the Amendment filed on December 20, 2004, IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau
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  • routine, gradual changes in ownership during the very long pendency of these applications, such that the original parties to the application no longer retained more than a fifty percent interest in the application as originally filed. In order to avoid the harsh and inequitable dismissal of applications that had undergone such gradual but ``major'' ownership changes, the Commission waived Section 73.3573 for all but one such applicant. The Commission determined that it would be unreasonable to penalize applicants for routine and inevitable ownership changes over a substantial period during which the Commission was unable to act on NCE applications, provided the changes were not outgrowths of a party's desire to gain control over the application. The Commission directed the staff to
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  • for which Regents would have qualified or its standing in the tie-breaker. TAS has failed to make a prima facie issue that the grant of Regents's application would be contrary to the public interest. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by Thomas Aquinas School IS DENIED. IT IS FURTHER ORDERED, That Section 73.3573 of the Commission's Rules, 47 C.F.R. � 73.3573, is waived with respect to the ownership change in Board of Regents of the University of Nevada Acting on Behalf of Truckee Meadows Community College (now Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College). IT IS FURTHER ORDERED, That the application of
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  • mutually exclusive applicant in Group 95083E and as the licensee of KLHT(AM), Honolulu, Hawaii, which operates in the same market as MBC's proposed station. MBC disputes CCHI's claim of standing based on a theory that the Commission has not passed upon major changes in CCHI's governing board, and that those changes warrant immediate dismissal of CCHI's application pursuant to Section 73.3573 of the Commission's rules (the ``Rules''). Assuming arguendo that CCHI underwent a major change in ownership and that such a change might be relevant at a future date were CCHI chosen as tentative selectee, we would nevertheless reject MBC's over-reaching argument that the change would negate CCHI's present interests in this proceeding for the purpose of conferring standing. MBC cites
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  • (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station WSTR(FM) is subject to reclassification as a Class C0 facility. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Jefferson-Pilot Communications Company of Georgia, licensee of Station WSTR(FM), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. See In Re Reclassification of License of Station WSTR(FM) Smyrna, Georgia,
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  • through the filing of a petition for rule making to amend the FM Table of Allotments or FM broadcast application. In instances where the reclassification involves a petition, amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both Amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has submitted
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  • NCE FM New Station and Major Change Filing Procedures for October 12 - October 19, 2007 Window; Limited Application Filing Freeze to Commence on September 8, 2007, Public Notice, DA 07-3521 (August 9, 2007); see also Mass Media Bureau Provides Examples of Application of NCE Section 307(b) Criteria, Public Notice, 16 FCC Rcd 10892 (MMB 2001). See 47 C.F.R. � 73.3573. See 47 C.F.R. � 73.3573(e). See 47 C.F.R. � 73.3525(c). Amendments will not be accepted on paper or via email. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 _ ` k l � � ��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�
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  • � 11 (1998). Id. at 11978 � 13. 47 C.F.R. � 1.65. 47 C.F.R. �� 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 � 17. See 47 C.F.R. � 1.2107(d). See 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. � 1.2109(d). See 47 C.F.R. � 1.2107(b). See 47 C.F.R. �� 1.2109, 73.3573, 73.5003, and 73.5006. See also Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891 (2006), petitions for recon. pending. See 47 C.F.R. �� 1.2107 and 73.5005. See also Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15984-85 ��
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  • Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200611%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit Application
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  • the allotment of Channel 250A as a first local service at Englewood, Tennessee. See Public Notice, Report No. 2749 (Jan. 18, 2006). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000) (``Second Report and Order''), and Section 1.420(g), n. 2, and Section 73.3573, n. 4, of the Commission's Rules. See Modification of FM and Television Licenses Pursuant to Section 316 of the Communications Act, Order, 2 FCC Rcd 3327 (1987). Second Report and Order, supra, and 47 C.F.R. � 1.420, n. 2. See 47 C.F.R. �� 73.3573, n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662,
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  • amended (the ``Act''), informal objections must provide properly supported allegations of fact that, if true, would establish a substantial and material question of fact that grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Removal of WNOW-FM from Gaffney, South Carolina to Bessemer City, North Carolina. GBI filed this application pursuant to Section 73.3573(g) of the Commission's rules which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file a competing expression of interest. This reallotment proposal, like all such proposals, must result in a preferential arrangement of allotments. We determine whether this is the case using the FM allotment priorities
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  • could be accepted for filing, and those that needed to be dismissed pursuant to settlements or as in excess of the ten-application cap. On March 7, 2008, the Bureau released a Public Notice that included most groups containing four or fewer applications. Most of the remaining applications are mutually exclusive with at least three other proposals. As required by Section 73.3573(e)(4) of the Commission's Rules, the Bureau announces that it has identified the following groups of mutually exclusive applications listed in Attachment A. At this time, the Bureau is announcing groups consisting of thirteen or fewer applicants. To promote settlement discussions and ease work loads on applicants and their consulting engineers and attorneys, the Bureau will issue periodically additional public notices
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  • May 29, 2007, against the proposed changes. On June 13, 2007, the three applicants (collectively ``Joint Applicants'') filed a Joint Opposition to the Objection (``Joint Opposition''), to which Davis Community replied (``Reply'') on June 26, 2007. For the reasons discussed below, we deny the Objection and grant the Applications. Background. These contingent applications were filed pursuant to Sections 73.3517 and 73.3573(g) of the Commission's Rules (the ``Rules'') which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file a competing expression of interest. Any re-allotment proposal must result in a preferential arrangement of allotments. We make this determination using the FM allotment priorities set forth in Revision of
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  • penalty of perjury that only one of its three original officers has been replaced since 1998. Accordingly, we find that PAR's allegation of a major change in ownership is erroneous. Moreover, even assuming ENFC had undergone a major change in its ownership structure, such a change would not necessarily be fatal to the Application, as PAR asserts. Pursuant to Section 73.3573 of the Rules, a fifty percent change in the governing board of an NCE applicant is generally considered a ``major change'' and not permissible outside a filing window. In the Omnibus Order, however, the Commission waived Section 73.3573, and directed the staff to grant waivers, for NCE applicants that experienced gradual ownership changes where those changes were not an outgrowth
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  • dismissal, these applicants were required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). Any such applicant that experienced a gradual, major change in ownership was directed also to request a waiver of 73.3573 of the Commission's Rules, 47 C.F.R. � 73.3573, as part of its window-amended filing to avoid dismissal. Id.; See also Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, 6125 (2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47
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  • by William B. Clay (``Clay''), seeking reconsideration of grant of the referenced application (the ``Application'') to Sunburst Media - Louisiana (``Sunburst'') authorizing a change to the community of license of KCIL(FM) from Houma, Louisiana (``Houma''), to Jean Lafitte, Louisiana (``Jean Lafitte''). For the reasons set out below, we dismiss the Petition. Background. The staff granted the Application pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules'') which permits modification of a station's authorization to specify a new community of license without affording other parties the opportunity to file a competing expression of interest. All such applications must result in a preferential arrangement of allotments. Clay argues that grant of the Application does not represent a preferential arrangement of allotments because:
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  • filing, and those that were subject to dismissal. On March 7, 2008, the Bureau released a Public Notice that identified most groups containing four or fewer applications. On June 18, 2008, the Bureau released a Public Notice that identified groups containing thirteen or fewer applications. At this time, the Bureau is announcing substantially all remaining groups. As required by Section 73.3573(e)(4) of the Commission's Rules, the Bureau announces that it has identified the following groups of mutually exclusive applications listed in Attachment A. An applicant that believes that an application has been either erroneously included or erroneously excluded from any of the mutually exclusive groups listed in Attachment A should bring this matter to the attention of the Audio Division within
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  • opposition governed by the filing deadlines in 47 C.F.R. � 1.45. The Motion for Extension of Time will be dismissed as moot. Gold Coast filed its Opposition ``pursuant to Section 73.3587 of the Commission's Rules'' (the ``Rules'') governing informal objections. The 47 C.F.R. � 1.45 filing deadlines do not apply to informal objections. The Application was filed pursuant to Section 73.3573(g) of the Rules which permits the modification of a station's authorization to specify a new community of license without affording other interested parties the opportunity to file competing expressions of interest. Any such allotment proposal must result in a preferential arrangement of allotments. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order,
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  • Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). Letter to State of Oregon Acting By and Through the State Board of Higher Education and William W. McCutchen III, Reference 1800B3 (MB Aug. 15, 2007) (the ``Show Cause Letter''). File No. BPH-20070720ABF (the ``SOU C1 Application''). BPED-20070720ABF. Letter Decision at 3. See also 47 C.F.R. � 73.3573(f). The Letter Decision did not, however, provide a reasoned basis for this conclusion. As discussed in detail below, we grant reconsideration of the Letter Decision for the limited purpose of providing a more detailed explanation of the basis on which the staff found that grant of the KZCC Application is consistent with Section 307(b) of the Act. Letter Decision at
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  • objection ("Objection") against the Modification Application, filed by Clay on May 16, 2008. For the reasons set forth below, we dismiss the petition for reconsideration, deny the informal objection and grant the Modification Application. Background. On January 19, 2007, Chapin filed the Community Change Application. On May 17, 2007, the staff granted the unopposed Community Change Application pursuant to Section 73.3573(g) of the Commission's Rules (the "Rules"), which treats an application to modify a station's authorization to specify a new community of license as one for minor modification. Any such application must result in a preferential arrangement of allotments. On June 15, 2007, Clay filed a petition for reconsideration, arguing that Chapin had failed to establish any public benefit that would
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  • NCE stations are merely proposals, with no authorized footprint, and are not tantamount to a Commission license, permit, or allotment. Thus, the instant NCE applicants, including the tentative selectee, could not show that a community change is ``minor'' through continued service to a ``previously authorized 1 mV/m service area'' or mutual exclusivity with a ``current assignment." See 47 C.F.R. �� 73.3573(a)(1)(i) and (g)(2). See also Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14221 (2006) (new procedures to change community of license are applicable to authorized reserved band and non-reserved band NCE FM stations; NCE applications have nothing akin to facilities that can be protected until ``an assignment is made, i.e., upon
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  • The Bureau has processed all of the approximately 800 applications that fall into the following categories: singletons, those that could be accepted for filing, and those that needed to be dismissed pursuant to settlements or as in excess of the ten-application cap. Most of the remaining applications are mutually exclusive with at least one other proposal. As required by Section 73.3573(e)(4) of the Commission's Rules, the Bureau announces that it has identified the following groups of mutually exclusive applications listed in Attachment A. At this time, the Bureau is announcing groups consisting of four or fewer applicants. To promote settlement discussions and ease work loads on applicants and their consulting engineers and attorneys, the Bureau will issue periodically additional public notices
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  • at approximately 9:30 p.m. the day before its construction permit expired. Those declarations significantly outweigh BCI's bare conjecture concerning alleged discrepancies between statements by the CCBL engineer and ``time stamps'' on the spectrum analyzer printouts. We find that BCI has failed to raise a substantial and material question of fact regarding the initiation of WRKH(FM) program tests. Waiver of Section 73.3573, Note 4. BCI questions ``whether the staff has the authority to waive the automatic downgrade of a station and allow a late-filed license application'' because the ``full Commission specified this [downgrade] procedure'' in the Streamlining Order. Waivers for good cause, however, are well within the staff's delegated authority as established in Sections 0.201 and 0.283 of the Rules. BCI has
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  • 2009 Released: June 8, 2009 By the Chief, Audio Division, Media Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000), to Frank Neely (``Neely''), winning bidder in FM Auction No. 62 for the construction permit for a new FM Station in Due West, South Carolina, for willfully violating Sections 73.3573(f)(5)(i) and 73.5005(a) of the Commission's Rules (``Rules'') by failing to file a timely post-auction Form 301 application. BACKGROUND On July 21, 2006, the Bureau issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three thousand dollars ($3,000) to Neely for this violation. Neely filed an Opposition to Notice of Apparent Liability for Forfeiture (``Opposition'') requesting a
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  • of fact warranting further inquiry. Accordingly, IT IS ORDERED, that the Petition to Deny filed by Leonard Watson, treated herein as an informal objection, IS DENIED, and that the Application for a minor modification of the facilities of Station WKZS(FM), Thomasboro, Illinois (File No. BPH-20080108ABK) IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 C.F.R. � 73.3573(g). In accordance with established procedures, Benton-Weatherford certified that it provided local notice of the filing of the Application pursuant to Section 73.3580 of the Commission's Rules (the ``Rules'') and the Bureau published notice in the Federal Register that the Application had been filed. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License
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  • was filed as part of a hybrid application and rulemaking proposal involving the Petitioner's concurrently filed minor change application. In this application, the Petitioner proposes the substitution of Channel 244C2 for Channel 244C3 at Morgan City, the reallotment of Channel 244C2 to Gray, Louisiana, and the associated modification of its license for Station KMYO-FM, pursuant to the provisions of Section 73.3573(g) of the Commission's Rules. The modification of the Morgan City license is contingent upon the requested channel substitution at Dulac. The NPRM noted that Channel 230A could be substituted for vacant Channel 242A at Dulac with a change of reference coordinates to accommodate the above referenced application. Although the Petitioner's rulemaking petition claimed that this proposed channel substitution would result
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  • Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, 16 FCC Rcd 3989 (MMB 2001). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). See 47 C.F.R. �� 73.3522, 73.3573. ) and select ``Search for Application Information.'' In the Application Search page, in ``File Number,'' enter ``200906%'' in the second box (leave the first box blank). In ``Form'' select ``Short Form'' from the pull-down menu. Enter the appropriate ``Community of License City'' and ``State.'' Finally, in ``Application Status'' select ``CP Requested'' from the pull-down menu. Then, click on ``Submit Application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
  • Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, 16 FCC Rcd 3989 (MMB 2001). 26See Implementation of Section 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984 � 164 (1998). 27See47 C.F.R. �� 73.3522, 73.3573. 28To obtain the short form application file number, go to CDBS Public Access (http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm) and select "Search for Application Information." In the Application Search page, in "File Number," enter "200906%" in the second box (leave the first box blank). In "Form" select "Short Form" from the pull-down menu. Enter the appropriate "Community of License City" and "State." Finally, in "Application
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  • 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in order to maintain the integrity of the Commission's processes and to ensure that an applicant's gamesmanship does not result in an unfair advantage). See also LRB Broadcasting, Memorandum Opinion and Order, 8 FCC Rcd 3076 (1993). See 47 C.F.R. � 73.3573(b)(3). See HBSPR and Crucian Applications, Questions III(1), III(2), and associated exhibits. HBSPR's 60 dBu contour encompasses 53,234 people, and it claims aggregated first and second NCE service to all 53,234 people. Thus, HBSPR would provide combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
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  • change was filed as part of a hybrid application and rulemaking proposal involving the Petitioner's concurrently filed minor change application. In this application, the Petitioner proposes the substitution of Channel 245A for Channel 244C2 at Laramie, the reallotment of Channel 245A to Nunn, Colorado, and the associated modification of its license for Station KIMX(FM), pursuant to the provisions of Section 73.3573(g) of the Commission's Rules. The modification of the Laramie license is contingent upon the requested channel substitution at Wheatland. Discussion. We believe that the public interest would be served by the substitution of FM Channel 286A for vacant Channel 247A at Wheatland. This channel substitution will accommodate the grant of the Petitioner's application and result in the provision of a
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  • Beach Application. For the reasons set forth above in discussion of the Wellington Application, we find that the Juno Beach Application complies with Section 73.3555(a) of the Rules. Accordingly, we will deny the Petition for Reconsideration in all other respects. ACCEPTABILITY OF THE WELLINGTON AND JUNO BEACH APPLICATIONS 24. The Wellington and Juno Beach Applications were filed pursuant to Section 73.3573(g) of the Rules, which treats an application to modify a station's authorization to specify a new community of license as one for minor modification. Any such application must demonstrate compliance with the Commission's multiple ownership rules and must result in a preferential arrangement of allotments. The applications contained exhibits addressing each of those requirements. As discussed above, the applications comply
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  • by Alaska Educational Radio System, Inc. (``AERS''). AERS seeks reconsideration of a February 5, 2008, letter decision (``Letter Decision'') by the staff of the Audio Division, Media Bureau, dismissing a contingent community of license minor change application for Station KWMD(FM), Kasilof, Alaska (``KWMD(FM)''), from Channel 213A at Kasilof to Channel 214A at Ridgeway, Alaska. Alternatively, AERS requests waiver of Section 73.3573(g)(2) of the Commission's Rules (``Rules''), which requires community of license change proposals to be mutually exclusive with an applicant's currently licensed facilities. For the reasons set forth below, we deny the Petition and the waiver request. We also find AERS apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent willful and repeated violations of
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  • ``Application''), as unacceptable for filing. For the reasons set forth below, we deny the Petition. Background. The Application requests a change in Station WCJL(FM)'s community of license from Morgantown, Indiana, to Paragon, Indiana, and to modify its license to reflect this change. The proposed reallotment would provide Paragon with its first local service. The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), which 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. A determination is based on the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures. The existing arrangement of allotments is compared
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  • Rcd at 12078. Events occurring after the short-form filing deadline, such as the acquisition of attributable interests in media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately. 47 C.F.R. � 1.2105(b)(2). 47 C.F.R. � 1.2105(a). See Section III.D. ``Upfront Payments - Due July 31, 2009,'' below. See 47 C.F.R. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id., 18 FCC Rcd at 6699-6701. See also 47
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  • access to an electronic version of the FCC Form 159 that can be printed and sent by fax to U.S. Bank in St. Louis, Missouri. All upfront payments must be made as instructed in this Public Notice and must be received in the proper account at U.S. Bank before 6:00 p.m. ET on July 31, 2009. 130See 47 C.F.R. � 73.3573(f)(4). 131In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175as "noncommercial educational" will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. 132Id., 18 FCC Rcd at 6699-6701. See also47 C.F.R. �
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  • has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects.'') 47 C.F.R. � 73.3573 describes major amendments and minor amendments to applications for construction permits for proposed NCE FM stations. Supplement to Informal Objection at 4. See also Amendment at Section VI. 47 C.F.R. � 73.3513(a) (``applications, amendments thereto, and related statements of fact required by the FCC must be signed by . . . an officer, if the applicant is a corporation''). Opposition
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  • See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). 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 R S T $ F F � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� { |
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  • 2981-83 �� 162-70. 38See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 39See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 40See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 41See 47 C.F.R. �� 1.2107, 1.2109(a). 9010 VII. CONTACT INFORMATION 49.For further information concerning Auction 88, please contact: General Auction 88 Information General Auction Questions FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 88 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660 Jeff Crooks (Analyst) Linda Sanderson (Project Manager) Auction 88 Legal
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  • Payments and Other Procedures for Auction 88, Public Notice, DA 10-524, 25 FCC Rcd 2942, 2982-83 �� 166-69 (WTB/MB 2010) (``Auction 88 Procedures Public Notice''). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. �� 1.2109(a), 73.5003. 47 C.F.R. �� 1.2104(g)(2), 1.2109. 47 C.F.R. � 1.2109(d). See 47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). See 47 C.F.R. �� 73.3522, 73.3571, 73.3573. See Section III. I., ``Application Processing and Construction Permit Grant,'' below. See 47 C.F.R. � 73.5005(a). See 47 C.F.R. �� 1.2104(g), 1.2107(c), 73.5005(c). For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC
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  • amended, will be placed on public notice, triggering the appropriate period for the filing of petitions to deny.26 21.AM Station Winning Bidder. Prior tomidnight ET on August 30, 2010,the AM broadcast station winning bidder must submit electronically a properly completed long-form application (FCC 2147 C.F.R. �� 1.2109(a), 73.5003. 2247 C.F.R. �� 1.2104(g)(2), 1.2109. 2347 C.F.R. � 1.2109(d). 24See47 C.F.R. �� 73.3573(a)(1), 73.3573(f)(5)(iii), 73.3522(a)(3). 25See47 C.F.R. �� 73.3522, 73.3571, 73.3573. 26SeeSection III. I., "Application Processing and Construction Permit Grant," below. 10075 Form 301-AM, Application for Construction Permit for Commercial Broadcast Station), including all required exhibits, for the construction permit for which it was the winning bidder in Auction 88.27 22.All Auction 88 Winning Bidders. An applicant that fails to submit the required
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  • media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately. 47 C.F.R. � 1.2105(b)(2). . Contact information for subject matter experts may be found in Section VI. of this Public Notice, below. 47 C.F.R. � 1.2105(a). See Section III.D. ``Upfront Payments - Due January 21, 2011,'' below. See 47 C.F.R. � 73.3573(f)(4). In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as ``noncommercial educational'' will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. Id., 18 FCC Rcd at 6699-6701. See also 47
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  • filed during the Auction 90 filing window identifying the application's proposed station as noncommercial educational is mutually exclusive with any application filed during that window by an applicant for a commercial station, the former will be returned as unacceptable for filing.134 129 47 C.F.R. � 1.2105(a). 130See Section III.D. "Upfront Payments � Due January 21, 2011," below. 131See47 C.F.R. � 73.3573(f)(4). 132 In the NCE Second Report and Order, the Commission determined that short-form applicants that do not identify themselves on their FCC Form 175 as "noncommercial educational" will be considered, as a matter of law, applicants for commercial broadcast stations. NCE Second Report and Order, 18 FCC Rcd at 6700 � 22. 133Id., 18 FCC Rcd at 6699-6701. See also
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  • media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately. 47 C.F.R. � 1.2105(b)(2). . Contact information for subject matter experts may be found in Section VI. of this Public Notice, below. 47 C.F.R. � 1.2105(a). See Section III.D. ``Upfront Payments - Due March 21, 2011,'' below. See 47 C.F.R. � 73.3573(f)(4). See Section II.J. ``Minor Modifications to Short-Form Applications,'' above. 47 C.F.R. � 1.2105(b); see also Two Way Radio, 14 FCC Rcd at 12035. In no event, however, will the FCC send auction registration materials to anyone other than the contact person listed on the applicant's FCC Form 175 or respond to a request for replacement registration materials from anyone other
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  • 6:00 p.m. ET on March 21, 2011. 1. Making Upfront Payments by Wire Transfer 98. Wire transfer payments must be received before 6:00 p.m. ET on March 21, 2011.143 No other payment method is acceptable.144 To avoid untimely payments, applicants should discuss arrangements (including bank closing schedules) with their bankers several days before they plan to make 139See47 C.F.R. � 73.3573(f)(4). 140See Section II.J. "Minor Modifications to Short-Form Applications," above. 141 47 C.F.R. � 1.2105(b); see alsoTwo Way Radio, 14 FCC Rcd at 12035. 142 In no event, however, will the FCC send auction registration materials to anyone other than the contact person listed on the applicant's FCC Form 175 or respond to a request for replacement registration materials from anyone
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  • those corporations at one time, it is beyond dispute that they gave up that control by June 23, 2008, when the Gomez family resumed de jure legal control of both corporations. Bilingue argues that the facts here are not consistent with those of other cases involving changes of control for which NCE applicants have previously been granted waivers of Section 73.3573 of the Rules and notes that the Commission has dismissed applications that exceed the limit of ten NCE window applications on the basis of de facto control alone. Moreover, even though the board changes pertained to IJRSA and IJRA, and not to IJR, according to the Reply, IJR made a misrepresentation to the Commission in certifying that it had attributable
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  • 281C3 to Peach Springs. The Petitioner states that this proposed allotment is being filed as part of a hybrid application and rulemaking proposal involving the Petitioner's long-form application to implement its auction facility. In this application, the Petitioner proposes a minor modification from Channel 268C3 at Peach Springs to Channel 267C2 at Oatman, Arizona, pursuant to the provisions of Section 73.3573 of the Commission's Rules. The minor modification application is contingent upon the requested allotment at Peach Springs. In support of its rulemaking request, the Petitioner contends that the allotment of Channel 281C3 at Peach Springs will maintain a first local service at Peach Springs. The Petitioner states that the loss of potential service does not raise the same level of
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  • rule requires the timely submission of short form applications, along with the required certifications, information and exhibits, pursuant to the provisions of 47 C.F.R. � 1.2105(a) and any Commission public notices. 47 C.F.R. � 1.2105 requires the disclosure on the short-form application of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. See 47 C.F.R. �� 1.2105(b)(2), 73.3573(a)(1). 47 C.F.R. �� 1.2105(a)(2)(x), 1.2105(b)(1), and 1.2106(a); see Part 1 Fifth Report and Order, 15 FCC Rcd at 15317 � 42 and 142 (``If any one of an applicant's controlling interests or their affiliates...is in default on any Commission licenses or is delinquent on any non-tax debt owed to any Federal agency at the time the applicant files it[s] FCC
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  • allotment considerations. We therefore find that the staff's decision is consistent with established Commission precedent We disagree with Hodson's unsupported allegation that the Section 307(b) arguments, among others, in his Motion were not considered. The staff's analysis is not required to be of a minimum length. The Application Dismissal Letter provides the specific grounds for dismissal, i.e., violation of Section 73.3573(g)(1). In any event, we have carefully considered the full record in this case and find no grounds to reinstate the Modification Application. Hodson's claim that as a ``designated entity,'' it is entitled to relief from compliance with the Rules and the Commission's policies under the Regulatory Flexibility Act and Section 257 of the 1996 Act are misguided. The Regulatory Flexibility
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  • Lexington Reallotment R&O is now final, the Application requests a change in Station WMGZ(FM)'s community of license from Eatonton, Georgia, to Washington, Georgia, and modification of its license to reflect this change. The proposed reallotment would provide a first local nighttime transmission service and second competitive transmission service to Washington, under Priority (4). The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), which 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. To effectuate its mandate under Section 307(b) of the Act, the staff compares the existing arrangement of allotments to the proposed arrangement of allotments. A reallotment
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  • DC 20007 In re: Frank J. Neely New FM Station Due West, South Carolina Facility ID 166080 File No. BNPH-20060324AFR Petition for Reconsideration Dear Counsel: We have before us a June 16, 2009, Petition for Reconsideration (``Petition'') filed on behalf of Frank J. Neely (``Neely''). The Petition requests reconsideration of a forfeiture order issued to Neely for willfully violating Sections 73.3573(f)(5)(i) and 73.5005(a) of the Commission's Rules (``Rules'') by failing to timely file a post-auction Form 301 application. For the reasons stated below, we deny the Petition. Background. In a Public Notice released February 8, 2006, the Commission named Neely the winning bidder in FM Auction No. 62 for the FM Construction Permit in Due West, South Carolina. Sections 73.3573(f)(5)(i) and
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  • Report and Order, 17 FCC Rcd 9578 (MB 2002) (dismissing a counterproposal because it proposes an involuntary class downgrade, site change, and community of license change for another station). See 47 C.F.R. � 1.429; and Eagle Broadcasting Co. v FCC, 514 F.2d 852 (D.C. Cir. 1975). Murrieta, California, Memorandum Opinion and Order, 21 FCC Rcd 9440, 9442 (2006). See Section 73.3573 of the Commission's Rules, 47 C.F.R. � 73.3573, which indicates that all changes in the facilities of authorized stations require an application for either a major change or a minor modification. (continued....) Federal Communications Commission DA 11-1129 Federal Communications Commission DA 11-1129 ; < � �@���
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  • See 47 C.F.R. �� 1.2107, 73.5005. See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). 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 M N O $ F F ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � � 7
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  • at �� 155-163. 39See47 C.F.R. �� 1.2107, 73.5005. See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 40See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 41See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 42See 47 C.F.R. �� 1.2107, 1.2109(a). 890 VII. CONTACT INFORMATION 48.For further information concerning Auction 90, please contact: General Auction Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 90 Process and Procedures Auctions and Spectrum Access Division (202) 418-0660 Jeff Crooks (Analyst) Barbara Sibert (Project Manager)
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  • Application''), Cumulus requests to change the community of license of Station KRUZ(FM) from Santa Barbara to Goleta, California. No oppositions or informal objections were filed. For the reasons set forth below, we grant the Oak View and Goleta Applications subject to Mexican concurrence on the Oak View Application. Background. The Oak View and Goleta Applications were filed pursuant to Section 73.3573 of the Commission's Rules, which 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. The Oak View and Goleta Applications were also filed pursuant to Section 73.3517(e) which permits FM licensees or permittees to file up to four contingently related applications for
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  • filed applications in the October 2007 NCE FM filing window. Their applications were mutually exclusive (``MX'') with 15 others and were designated NCE MX Group 543. On November 24, 2008, KBOO amended its application (``November 2008 Amendment'') to reflect a greater than 50 percent change in its governing board (``Board''), which is generally considered a ``major change'' prohibited by Section 73.3573 of the Commission's Rules (``Rules''). The November 2008 Amendment asked the Commission to waive the Rule in this case as it did in the 2007 Omnibus Order. Specifically, that Order waived the major change rule for ``similarly situated'' applications that had experienced ``routine and inevitable changes in their boards'' over a very long period during which they were pending due
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  • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that Colville apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Colville is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Colville's waiver request and have accepted her application for filing. II. BACKGROUND
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  • exist for an FM allotment at Arbutus, and that the current WWIN-FM transmitter site is the only possible site from which to serve Arbutus. Radio 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
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  • the acquisition of attributable interests in media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately, and no later than five business days after the change occurs. 47 C.F.R. � 1.2105(b)(2). . 47 C.F.R. � 1.2105(a). See Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. See 47 C.F.R. � 73.3573(f)(4). See Section II.J. ``Minor Modifications to Short-Form Applications,'' above. 47 C.F.R. � 1.2105(b); see also Two Way Radio, 14 FCC Rcd at 12035. In no event, however, will the FCC send auction registration materials to anyone other than the contact person listed on the applicant's FCC Form 175 or respond to a request for replacement registration materials from anyone other
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  • person or certifying official, as designated on the short-form application, unless the applicant's certifying official or contact person notifies the Commission in writing that applicant's counsel or other representative is authorized to speak on its behalf.138Authorizations may be sent by e-mail to auction93@fcc.gov. 13347 C.F.R. � 1.2105(a). 134SeeSection III.D. "Upfront Payments �Due February 22, 2012," below. 135See 47 C.F.R. � 73.3573(f)(4). 136SeeSection II.J. "Minor Modifications to Short-FormApplications," above. 13747 C.F.R. � 1.2105(b); see alsoTwo Way Radio,14 FCC Rcd at 12035. 138In no event, however, will the FCC send auction registration materials to anyone other than the contact person listed on the applicant's FCC Form 175 or respond to a request for replacement registration materials from anyone (continued....) 15509 Federal Communications Commission
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  • Petition and the Second Amendment will serve the public interest because there will be a net gain of 84,136 persons and 19,003 square kilometers in coverage. Discussion. First, although the Second Amendment was previously accepted for filing, we now recognize that it should be dismissed, pursuant to Section 73.3566, as patently not in accordance with the Commission's Rules. While Section 73.3573(a)(i) and (ii) provide that a winning auction bidder's long- form application for a new station may include a minor amendment to change the proposed community of license or to upgrade to an adjacent channel, it does not permit an upgrade in channel class on a non-adjacent channel. On the contrary, Section 73.3573(a) provides that all other changes in a station's
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  • its April 3, 2007, ``long-form'' FCC Form 301 Application, Able proposed to serve Aguila from an antenna site located at the coordinates 33� 49' 53'' North Latitude, 113� 1' 38'' West Longitude. On August 10, 2007, Able amended the Application to upgrade and remove the allotment from Channel 297C2 at Aguila to Channel 297C1 at Tonopah, Arizona, pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), proposing a new transmitter location at the coordinates 33� 49' 04 NL, 113� 16' 18'' WL. Subsequently, Able filed a series of minor amendments to the Application's technical proposal, including a May 5, 2008, amendment specifying service to Tonopah from a location at 33� 48' 5'' NL, 113� 17' 4''WL (the ``May 2008 Site'').
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  • no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, Report and Order, 7 FCC Rcd 4917 (1992), recon. granted in part and otherwise denied, Memorandum Opinion and Order, 8 FCC Rcd 4743 (1993). See Needles R&O, at � 13. See 47 C.FR. � 73.3573(f). We recognize that counterproposals may be filed against the Wickenburg Petition's allotment proposals at Ehrenberg, First Mesa, and Kachina Village, because, as rulemaking proposals, they are not cut-off on the day filed. However, these allotment proposals are the same as those in the Williams Petition. Therefore, any counterproposals filed against these proposed allotments in the Williams Petition will also be
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  • Opinion and Order, 8 FCC Rcd 4743 (1993). In this new proceeding, we will entertain counterproposals with respect to the Williams Petition because it is a rulemaking petition. However, the Wickenburg Application is cut-off vis-�-vis any subsequently filed proposals because, as a minor change application, it receives cut-off protection as of the date it is filed. See 47 C.F.R. � 73.3573(f). As a result, counterproposals to the Williams Petition must protect the proposed allotment of Channel 286C0 at Wickenburg, Arizona. (...continued from previous page) (continued....) Federal Communications Commission DA 11-2059 Federal Communications Commission DA 11 -2059 E R V ] � � � D E E � F � � � � � �� E $F:-H
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  • See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). See 47 C.F.R. �� 1.2107, 1.2109(a). 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 " � � � $ F F � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • 418-0432 (TTY). -FCC- 41See47 C.F.R. �� 1.2107, 73.5005(a). See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 42See47 C.F.R. �� 1.2112(b), 73.5005, 73.5007, 73.5008. 43See47 C.F.R. �� 1.2107, 1.2109(a), 73.3571, 73.3573, 73.5003, 73.5005, 73.5006(d). 44See 47 C.F.R. �� 1.2107, 1.2109(a). 5815
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  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
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  • regarding ``each officer, director, five percent or greater stockholder, non-insulated partner, member, and person and entity with attributable interests in'' the Foundation, no ``members'' were identified; the only parties identified were the individuals listed in note 16, supra. Under the Bylaws, then, only the board of directors had authority to oversee the business of the Foundation. See 47 C.F.R. �� 73.3573(a)(1), (b)(3). 47 U.S.C. � 310(b)(3). We find the case of Noe v. F.C.C., 260 F.2d 739 (D.C. Cir. 1958), cert. denied, 359 U.S. 924 (1959), cited by Foundation, to be inapposite. In that case, a competing applicant argued that Loyola University of New Orleans (``Loyola''), which was operated by priests of the Society of Jesus (``Jesuits''), was a representative of
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  • the Radio Broadcast Services, MB Docket No. 05-210, Report and Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending. For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. � 73.3555, Note 2(i). See also Auction 91 Procedures Public Notice,
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  • in the Radio Broadcast Services, MB Docket No. 05-210, Reportand Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending . 27For information regarding electronic application filing, refer to "Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 28See47 C.F.R. �� 73.3522, 73.3573. 7546 section 73.5005(a)29requires that post-auction long-form applications include the exhibits mandated by section 1.2107(d) (providing a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement the applicant had entered into relating to the competitive bidding process);30section 1.2110(j) (requiring an applicant claiming bidding credit eligibility to describe how it
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  • Released: June 27, 2012 By the Chief, Audio Division: I. INTRODUCTION 1. The Commission has before it the July 26, 2011, request of Joseph C. Tesiero (``Tesiero''), for waiver of the post-auction Form 301 long-form application filing deadline. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Tesiero apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Tesiero is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Tesiero's waiver request and have accepted his application for filing. II. BACKGROUND
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  • city of license modification for Station KTIA-FM, Channel 257A from Boone, Iowa, to Johnston, Iowa. Des Moines Community Radio Foundation (``Community Radio''), licensee of Station KFMG-LP, filed an Informal Objection. For the reasons discussed below, we request additional information from Truth Broadcasting regarding the proposed modification of Station KTIA-FM to Johnston, Iowa. Background. The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules, which set forth the requirements for modification of an FM Station license to specify a new community of license without providing an opportunity for competing expressions of interest. Among other requirements, an application for such a minor modification must demonstrate that the proposed change of community constitutes a preferential arrangement of allotments in comparison with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-326A1.txt
  • through the filing of a petition for rule making to amend the FM Table of Allotments or FM broadcast application. In instances where the reclassification involves a petition, amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both Amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has submitted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1.txt
  • �� 155-61. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). 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 '' � � � $ F F � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-374A1_Rcd.pdf
  • Rcd at 15522-23 �� 155-61. 38See47 C.F.R. �� 1.2107, 73.5005(a). See alsoImplementation of Section 309(j) of the Communications Act � Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). 39See47 C.F.R. �� 73.5005, 73.5007, 73.5008. 40See47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). 41See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). 2394 VII. CONTACT INFORMATION 50.For further information concerning Auction 93, please contact: General Auction Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Auction 93 Process and Procedures
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-376A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-376A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-376A1.txt
  • refers to the captioned minor change application (the ``Application'') of Midnation Media, LLC (``Midnation''), licensee of Station KNDH(FM), Channel 272C1, Hettinger, North Dakota. The Application proposes a city of license modification for Station KNDH(FM) from Hettinger, North Dakota, to New Salem, North Dakota. For the reasons discussed below, we dismiss the Application. Background. The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules, which sets forth the requirements for modification of an FM station license to specify a new community of license without providing an opportunity for competing expressions of interest. Among other requirements, an application for such a minor modification must demonstrate that the proposed change of community constitutes a preferential arrangement of allotments in comparison to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-551A1.txt
  • ERP of 100 kilowatts at 300 meters HAAT. The station is below the minimum Class C antenna height requirements of 451 meters HAAT. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000) (``Second Report and Order''), and Section 1.420(g), n.2, and Section 73.3573, n.4, of the Commission's Rules. See 47 C.F.R. ��1.415 and 1.419. See Certification that Section 603 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 Fed.Reg. 11549 (February 9, 1981). See 44 U.S.C. 3506(c)(4). Federal Communications Commission DA 12-551 Federal Communications Commission DA 12-551 !
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1.txt
  • the Radio Broadcast Services, MB Docket No. 05-210, Report and Order, FCC 06-163, 21 FCC Rcd 14212, 14224 � 20 (2006), recon. pending. For information regarding electronic application filing, refer to ``Mass Media Bureau Implements Mandatory Electronic Filing of FCC Forms 301, 314, and 315,'' Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. See Form 301, Section II
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-600A1_Rcd.pdf
  • considered attributable for purposes of the broadcast multiple ownership rules. The Commission also attributes the media interests held by substantialinvestors in, or creditors of, an 25For information regarding electronic application filing, refer to "Mass Media Bureau ImplementsMandatory Electronic Filing of FCC Forms 301, 314, and 315," Public Notice, DA 01-283, 16 FCC Rcd 3989 (MMB 2001). 26See47 C.F.R. �� 73.3522, 73.3573. 2747 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2847 C.F.R. � 1.2107(d). 2947 C.F.R. � 73.5007(a). 3047 C.F.R. � 1.2112(a). 3147 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. 32SeeForm 301, Section II �Legal, Item
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-640A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-640A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-640A1.txt
  • Ilwaco on upgraded Channel 253C3 at Oakville, Washington. We also have before us a staff letter to Sunnylands, requesting additional information regarding the Oakville Application and an amendment filed by Sunnylands on November 18, 2011. For the reasons set forth below, we request additional information regarding the Belfair Application. Background. The Belfair and Oakville Applications were filed pursuant to Section 73.3573 of the Commission's Rules, which permits the modification of a station's authorization or a winning bidder's FM assignment to specify a new community of license, without affording other interested parties an opportunity to file competing expressions of interest. The Belfair and Oakville Applications were also filed pursuant to Section 73.3517(e), which permits FM licensees or permittees to file up to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-890A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-890A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-890A1.txt
  • the staff's August 26, 2011, decision denying PSDA's Petition to Deny the application of Northwest Communities Education Center (``NCEC'') for a new noncommercial educational (``NCE'') FM station in Prosser, Washington (``NCEC Application''), granting the NCEC Application, and dismissing PSDA's application for a new NCE FM station in Benton City, Washington (``PSDA Application''); and (2) NCEC's request for waiver of Section 73.3573 of the Commission's Rules (``Rules). For the reasons stated below, we grant the Petition in part, deny NCEC's waiver request, rescind the grant of the NCEC Application, dismiss the NCEC Application, and accept for filing the PSDA Application. Background. As discussed in the Staff Decision, the NCEC Application was identified as the tentative selectee of NCE MX Group 443. PSDA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275515A1.pdf
  • BROADCASTING COMPANY KESP 11233 BML-20060712AGL CA FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , MONEE 88.9 MHZ E IL Minor change in licensed facilities. Dismissed by letter 7/23/2007 (Section 73.509 violation) LIFE ON THE WAY COMMUNICATIONS, INC. WOTW 43708 BPED-20070507AAN IL , SAVANNAH 102.1 MHZ E GA Minor change in licensed facilities. Dismissed pursuant to Section 73.3573(f) by letter 7/23/2007 CUMULUS LICENSING LLC WZAT 25549 BPH-20070516ABA GA Page 1 of 24 Broadcast Actions 7/26/2007 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.46536 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276076A1.pdf
  • Dismissed per applicant's request 8/16/2007 - no letter sent CLEAR CHANNEL BROADCASTING LICENSES, INC. WMGF 51981 BMLH-20070614AAM FL FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , WHITE CITY 104.7 MHZ E FL Minor change in licensed facilities. Engineering Amendment filed 07/13/2006 Dismissed by letter pursuant to the reclassification procedures of Note 4 of 47 CFR Section 73.3573 - 8/16/2007 MIDWAY BROADCASTING COMPANY WFLM 42065 BPH-20060627AAR FL , CARNEGIE 89.5 MHZ E OK Minor change in licensed facilities. Dismissed per applicant's 7/31/2007 request 8/16/2007 (no letter sent) CSN INTERNATIONAL KJCC 122517 BPED-20070719AAU OK FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , HOOD RIVER 94.3 MHZ E OR Minor change in licensed facilities, callsign K232CK.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277148A1.pdf
  • pursuant to FCC 07-40 from NCE-FM MX group 880611 to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. Opposition to Petition for Deny filed 5/16/2007 (CSU, Chico) Reply to Opposition to Petition to Deny and Opposition to Petition for Waiver of Rule 73.3573 filed 5/24/07 by ("State of Oregon") Application granted. Petition for Reconsideration filed April 26, 2007 dismissed. Petition to Deny filed May 1, 2007 denied. See DA 07-4136, released October 3, 2007. RESEARCH FOUNDATION, CALIFORNIA STATE UNIVERSITY AT CHICO KFPR 66567 BPED-19880610ML CA Page 8 of 21 Broadcast Actions 10/9/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278185A1.pdf
  • pursuant to FCC 07-40 from NCE-FM MX group 880611 to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. Opposition to Petition for Deny filed 5/16/2007 (CSU, Chico) Reply to Opposition to Petition to Deny and Opposition to Petition for Waiver of Rule 73.3573 filed 5/24/07 by ("State of Oregon") Application granted. Petition for Reconsideration filed April 26, 2007 dismissed. Petition to Deny filed May 1, 2007 denied. See DA 07-4136, released October 3, 2007. Petition for Reconsideration filed 11/9/07 by ("State of Oregon") Page 13 of 16 Broadcast Applications 11/16/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278868A1.pdf
  • E FL Low Power FM minor change in licensed facilities. Engineering Amendment filed 09/25/2007 Engineering Amendment filed 10/02/2007 Engineering Amendment filed 11/05/2007 FLORIDA COMMUNITY RADIO, INC. WMJB-LP 135542 BPL-20070910AAW FL FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , ST. MARKS 91.1 MHZ E FL Mod of CP to chg Dismissed by letter 12/10/2007 (47 CFR Section 73.3573(g)(1) violation) CALVARY CHAPEL OF TWIN FALLS, INC. WUJC 122209 BMPED-20070806AEW FL , CHARLOTTESVILLE 88.5 MHZ E VA Mod of CP to chg Dismissed per applicant's 12/7/2007 request 12/10/2007 (no letter sent) VIRGINIA TECH FOUNDATION, INC. WVTW 63547 BMPED-20070906AEB VA Page 1 of 12 Broadcast Actions 12/13/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282248A1.pdf
  • N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 05/15/2008 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , GROVETON 98.1 MHZ E TX Mod of CP to chg Dismissed by letter 5/15/2008 (Pursuant to Note 4 of 47 CFR Section 73.3573) MATINEE RADIO, LLC KKUL-FM 164216 BMPH-20070328ABY TX , SULPHUR BLUFF 99.7 MHZ E TX Mod of CP to chg Application dismissed 5/15/2008 (no letter sent) LA KE MANDA BROADCASTING KYZQ 166035 BMPH-20080306AAB TX FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , BROOKFIELD 91.7 MHZ E MO CP New Stn. Settlement Agreement filed 5/12/08 Dismissed 5/15/2008 per Settlement Agreement -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285799A1.pdf
  • FM APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , GAINESVILLE 107.5 MHZ E FL Low Power FM minor change in licensed facilities. COMMUNITY PRAISE CENTER WPZM-LP 133183 BPL-20080925AGR FL FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , PATTERSON 88.1 MHZ E GA Mod of CP to chg Dismissed by letter 9/30/2008 (47 CFR Section 73.3573(g) violation) COMMUNITY PUBLIC RADIO, INC. WIVL 122086 BMPED-20080703AGV GA FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , FREEPORT 89.3 MHZ E ME Minor change in licensed facilities. Dismissed 9/30/2008 THE POSITIVE RADIO NETWORK WMSJ 17483 BPED-20070907ADT ME AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , BENNINGTON 1370 KHZ E VT Voluntary Assignment of License From:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286681A1.pdf
  • 90.7 MHZ E OK CP New Station. Engineering Amendment filed 07/14/2008 Dismissed by letter 11/7/2008 (47 CFR Section 73.509 violation) UNION VALLEY BAPTIST CHURCH INC NEW 177064 BNPED-20071022BNG OK FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , PAHALA 90.5 MHZ E HI Minor change in licensed facilities. Dismissed by letter 11/7/2008 (47 CFR Sections 73.510(a) and 73.3573(g)(3) violations) VINEYARD CHRISTIAN FELLOWSHIP OF HONOLULU, INC. KPHL 91242 BPED-20080910ABT HI FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , PROVIDENCE 93.7 MHZ E RI Minor change in licensed facilities, callsign W229AN. CALVARY RADIO NETWORK, INC. W229AN 156667 BPFT-20081103AAA RI Page 6 of 27 Broadcast Actions 11/13/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287190A1.pdf
  • E O F A P P L I C A T I O N FILE NUMBER STATE E/P 12/03/2008 Actions of: FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , ELLIJAY 101.1 MHZ E GA Minor change in licensed facilities. Engineering Amendment filed 09/15/2008 Dismissed per 12/3/2003 staff letter - see Note 4 of 47 CFR Section 73.3573. TRI-STATE COMMUNICATIONS, INC. WLJA-FM 36892 BPH-20080314ADB GA FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER DISMISSED , GARDEN PRAIRIE 93.5 MHZ E IL License to cover. Dismissed as Moot. No letter sent. CATHOLIC DIOCESE OF ROCKFORD W228BZ 153339 BLFT-20081014ACN IL AM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , ST. PAUL 630 KHZ P MN License to modify. 630 RADIO, INCORPORATED
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287782A1.pdf
  • IN MORRISTOWN , IN BPED-20090107AIS 88.1 MHZ E Minor change in licensed facilities. FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WLJA-FM 36892TRI-STATE COMMUNICATIONS, INC. GA ELLIJAY , GA BPH-20080314ADB 101.1 MHZ E Minor change in licensed facilities. Engineering Amendment filed 09/15/2008 Dismissed per 12/3/2003 staff letter - see Note 4 of 47 CFR Section 73.3573. Petition for Reconsideration Filed 12/31/2008 by Tri-State Communications Inc FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY KWKJ 39629 D & H MEDIA, LLC MO WINDSOR , MO BPH-20081110AGK 98.5 MHZ E Minor change in licensed facilities. Petition to Deny Filed 12/10/2008 by patrick m sullivan Petition to Deny Filed 12/08/2008 by patrick m sullivan Page 10 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291709A1.pdf
  • is based for a period of four years of on-air operations, " 47 C.F.R. � 73.7005(b). However, ALM overlooks that the Commission has, through different mechanisms, imposed requirements designed to deter applicants from submitting over-ambitious and unrealistic applications and to punish those who do. Modification of pre-auction applications after auctions by winning bidders is limited. See, e.g., 47 C.F.R. �� 73.3573(f)(5)(iii), 73.3522(a)(3). A winning bidder risks being subject to withdrawal, default, and disqualification payments, see 47 C.F.R. � 1.2104(g); Auctions First Report & Order, 13 F.C.C.R. at 15,979, � 152. Applicants are required to certify in the short-form application prior to auction that they are "legally, technically, financially and otherwise qualified pursuant to section 308(b) of the Communications Act of 1934,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296923A1.pdf
  • 90.5 MHZ E NC CP New Station. Dismissed 3/15/2010 per settlement agreement - no letter sent CALVARY CHAPEL OF ROCKY MOUNT NEW 175686 BNPED-20071019ABI NC FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , WHEELER 98.9 MHZ E TX Minor change in licensed facilities. Published in the Federal Register 2/9/2010. Dismissed by letter 3/15/2010 (47 CFR Section 73.3573(g)(2)) violation) BETTER PUBLIC BROADCASTING ASSOCIATION KLXL 174505 BPED-20100125AAF TX Page 9 of 40 Broadcast Actions 3/18/2010 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.47195 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298790A1.pdf
  • A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 06/11/2010 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , DANBURY 88.1 MHZ E NC Mod of CP to chg Published in the Federal Register 6/3/2010 Dismissed by letter 6/1/2010 (47 CFR Section 73.3573(g)(1) violation) CHURCH PLANTERS OF AMERICA NEW 173562 BMPED-20100426ADA NC AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , AUGUSTA 1230 KHZ E GA Voluntary Assignment of License From: MSBUTTONI, LLC To: SAVANNAH RIVER RADIO, INC. Form 314 MSBUTTONI LLC WNRR 28610 BAL-20100428AAH GA DIGITAL TV APPLICATIONS FOR LICENSE TO COVER GRANTED , SPRINGFIELD CHAN-40 E MA License to cover construction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300057A1.pdf
  • OF FEDERAL REGULATIONS TITLE 47. TELECOMMUNICATION CHAPTER I. FEDERAL COMMUNICATIONS COMMISSION SUBCHAPTER C. BROADCAST RADIO SERVICES PART 73. RADIO BROADCAST SERVICES SUBPART H. RULES APPLICABLE TO ALL BROADCAST STATIONS � 73.3580 Local public notice of filing of broadcast applications. (a) All applications for instruments of authorization in the broadcast service (and major amendments thereto, as indicated in �� 73.3571, 73.3572, 73.3573, 73.3574 and 73.3578) are subject to the local public notice provisions of this section, except applications for: (1) A minor change in the facilities of an authorized station, as indicated in �� 73.3571, 73.3572, 73.3573 and 73.3574. (2) Consent to an involuntary assignment or transfer or to a voluntary assignment or transfer which does not result in a change of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-304506A1.pdf
  • 6/28/2001 for MX group 990308 to dismiss BPED-19990914MA; BPED-19990916MF and to grant BPED-19990316MF. WORLD RADIO NETWORK, INC. 990316MF 93013 BPED-19990316MF TX FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY GRANTED , ELLIJAY 101.1 MHZ E GA Minor change in licensed facilities. Engineering Amendment filed 09/15/2008 Dismissed per 12/3/2003 staff letter - see Note 4 of 47 CFR Section 73.3573. Petition for Reconsideration Filed 12/31/2008 by Tri-State Communications Inc Petition for Reconsideration Granted and Application Reinstated and Granted 2/4/2011 - no letter sent Reply Filed 01/28/2011 by Tri-State Communications Inc TRI-STATE COMMUNICATIONS, INC. WLJA-FM 36892 BPH-20080314ADB GA , GREENCASTLE 90.5 MHZ E IN Minor change in licensed facilities. Engineering Amendment filed 10/12/2010 EDUCATIONAL MEDIA FOUNDATION WQRA 93526 BPED-20100506AGI IN Page
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308491A1.pdf
  • 10/26/2009 Engineering Amendment filed 01/05/2011 Dismissed per applicant's July 13, 2011 request (without letter sent) 7/18/2011 HILL & GLOVER BROADCASTING, LLC NEW 160229 BNP-20090325AEF OR FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , MONTREAT 90.9 MHZ E NC Mod of CP to chg Published in the Federal Register June/2/2011 Dismissed by letter 7/18/2011 (47 CFR Section 73.3573(g)(1) violation) NETWORK OF GLORY, INC. WJRJ 176650 BMPED-20110518AAK NC Page 2 of 9 Broadcast Actions 7/21/2011 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.47533 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311673A1.pdf
  • N FILE NUMBER STATE E/P 12/21/2011 Actions of: FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , CARMI 88.5 MHZ E IL Minor change in licensed facilities. Informal Objection Filed 08/08/2011 by W. Russell Withers, JR. Engineering Amendment filed 08/10/2011 Engineering Amendment filed 08/19/2011 Published in the Federal Register 9/7/2011 Dismissed by letter 12/21/2011 (47 CFR Section 73.3573(g)(2) violation) INDIANA COMMUNITRY RADIO CORPORATION WYER 173401 BPED-20110705AAO IL DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR DISPLACEMENT DISMISSED , BEAUMONT CHAN-21 E TX Minor change of callsign KEBQ-LP. MINORITY BROADCASTING COMPANY II, LLC KEBQ-LP 4460 BDISDTL-20111012AEM TX TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE DISMISSED , HURON CHAN-38 E SD Voluntary Assignment of License From: MMTC BROADCASTING
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-312763A1.pdf
  • License cancelled and call sign deleted, renewal application dismissed as moot, by letter ref. 1800B3-DW on 02/29/2012. JERRY RUSSELL D/B/A THE RUSSELL COMPANY DKOFY 34558 BR-20050408ABH TX FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , WESTPORT 89.5 MHZ E WA Mod of CP to chg Engineering Amendment filed 01/30/2012 Dismissed by letter 2/29/12 (47 CFR Section 73.3573 violation) GRAYS HARBOR INSTITUTE KGHK 174954 BMPED-20120126AGB WA Page 1 of 9 Broadcast Actions 3/5/2012 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.47687 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-313730A1.pdf
  • APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WYER 173401 INDIANA COMMUNITRY RADIO CORPORATION IL CARMI , IL BPED-20110705AAO 90.5 MHZ E Minor change in licensed facilities. Informal Objection Filed 08/08/2011 by W. Russell Withers, JR. Engineering Amendment filed 08/10/2011 Engineering Amendment filed 08/19/2011 Published in the Federal Register 9/7/2011 Dismissed by letter 12/21/2011 (47 CFR Section 73.3573(g)(2) violation) Petition for Reconsideration filed 01/25/2012 Engineering Amendment filed 01/25/2012 Petition for Reconsideration denied by letter 4/23/2012 Page 6 of 7 Broadcast Applications 4/26/2012 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.27725 CALL LETTERSAPPLICANT AND LOCATION N A T U R
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  • RADIO, INC. KS MANHATTAN , KS BMPED-20120514AEO 89.9 MHZ E Mod of CP to chg Engineering Amendment filed 05/16/2012 FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT APPLICATION REINSTATED KGHK 174954 GRAYS HARBOR INSTITUTE WA WESTPORT , WA BMPED-20120126AGB 91.1 MHZ E Mod of CP to chg Engineering Amendment filed 01/30/2012 Dismissed by letter 2/29/12 (47 CFR Section 73.3573 violation) Engineering Amendment filed 02/29/2012 Petition for Reconsideration filed 2/29/2012 Petition for Reconsideration granted 5/16/2012 Application reinstated nunc pro tunc 5/16/2012 (No letter sent) DIGITAL TV APPLICATIONS FOR MODIFICATION OF LICENSE ACCEPTED FOR FILING KETK-TV 55643COMCORP OF TYLER LICENSE CORP. TX JACKSONVILLE , TX BMLCDT-20120516ABW CHAN-22 E Modification of license: BLCDT-20060621AAF, callsign KETK-TV. Page 8 of 14 sion Broadcast Applications
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  • Title 47 of the United States Code of Federal Regulations is amended as follows: Section 1.420 is amended by changing Note 2 to subsection (h) to Note 3 and adding Note 2 to subsection (g) to read as follows: Note 2: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Section 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
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  • (1999) (1999 Technical Streamlining First Report and Order). The proposals upon which the Commission has not yet acted pertain to whether the Commission should allow negotiated interference agreements between or among FM broadcast stations to accept new or increased interference in connection with substantial facilities improvements. Technical Streamlining Notice, 13 FCC Rcd at 14857-63, paras. 17-27. 47 C.F.R. �� 73.3571, 73.3573, and 74.1233. 47 C.F.R. � 73.3517. Two applications are ``related'' if the grant of one is necessary to permit the grant of the second application. Thus, the ``lead'' application in a group typically will not be ``contingent'' on any other application, but nevertheless will be counted as a ``related'' application. 1999 Technical Streamlining Report and Order, 14 FCC Rcd at
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  • it specifies a third transmitter site. They urge that Liberty should not be permitted to amend to a new location when it never had reasonable assurance of a transmitter site in the first place. Willsyr relies on earlier cases rejecting for lack of good cause site amendments, where the availability of the original site was not shown. Sections 73.3522(a) and 73.3573, governing post-auction amendments, do not require that an amendment be supported by good cause and the unavailability of the original site would not, in any event, be a basis to reject a site amendment. Now that competing broadcast applications are to be resolved by competitive bidding procedures, rather than by comparative hearing, the Commission has repealed the requirement that broadcast
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  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
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  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
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  • See e.g. United States v. Dunifer, 997 F. Supp 1235, 1243 (N.D. Calif. 1998) (citing Freedman v. Maryland, 380 U.S. 51 (1951) (regulatory scheme for licensing radio stations and waivers provides adequate procedural safeguards), aff'd on other grounds, 219 F.3d 1004 (9th Cir. 2000). Here, we find that the staff properly followed Commission procedures as set forth under 47 C.F.R. �73.3573 (procedures for processing FM broadcasting station applications) and 47 C.F.R. �15.7(a) (procedures for resolving STA requests). In addition, Mr. Brewer has the statutory right to appeal the Commission's decision to the Court of Appeals for the District of Columbia. See 47 U.S.C. �402(b). 9. Accordingly, IT IS ORDERED, that the application for review filed by Leslie D. Brewer IS DENIED.
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  • for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. � 397(6), and major modifications in the facilities of Class A TV stations. * * * * * Section 73.3573 is amended by revising paragraph (f) to read as follows: � 73.3573 Processing of FM broadcast station applications. * * * * * (f) Processing non-reserved channel FM broadcast station applications. * * * * * (2)(i) The FCC will specify by Public Notice, pursuant to � 73.5002(a), a period for filing non-reserved band FM applications for a new station
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  • digital exciters and digital-compatible transmitters. How should these rule changes be coordinated with other service rule changes possible in this proceeding? Licensing and Forms Under Section 73.1695 of the Commission's rules, the Commission considers the question of whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. We seek comment on what, if anything, the Commission should do to amend or replace these rules in the context of DAB. Section 73.3500 of the Commission's rules lists the applications and report forms that must be filed by an actual or potential broadcast licensee
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  • international broadcasting stations; low power TV stations; TV and FM translator stations; TV boosters stations; and FM boosters stations. The local public notice must be completed within 30 days of the tendering of the application. In the event the FCC notifies the applicant that a major change is involved, requiring the applicant to file public notice pursuant to ��73.3571, 73.3572, 73.3573 or 73.3578, this filing notice shall be given in a newspaper following this notification. 23. Section � 73.3580(f) is revised to read as follows: (f) The notice required by paragraphs (c) and (d) of this section shall contain, when applicable, the following information, except as otherwise provided in paragraph (d) of this section in regard to renewal applications and applications
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  • Allocations Third Report, 40 F.C.C. at 758. Modification of FM Broadcast Station Rules to Increase the Availability of Commercial FM Broadcast Assignments, 94 F.C.C.2d 152 (1983), recon. granted in part, 97 F.C.C.2d 279 (1984). Public Notice, ``Consumer and Governmental Affairs Bureau - Reference Information Center Petition for Rulemaking Filed,'' Report No. 2657 (CGB Apr. 22, 2004). 47 C.F.R. �� 73.3571(a)(1), 73.3573(a)(1). 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 14 FCC Rcd 5272, 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and the
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  • must be filed in accordance with the provisions of ��73.5006 and 73.3584. Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. 6. Amend � 73.3573 by revising paragraph (f)(5)(ii) to read as follows: � 73.3573 Processing FM broadcast station applications. * * * * * (f) * * * * * * * * (5) * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission
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  • at 2230. See 2001 D.C. Appropriations Act. See 9/30/04 Ex Parte. See also Testimony of Sakura Saunders, KDRT-LP, LPFM Forum (Feb. 8, 2005); 12/8/04 MAP Ex Parte. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services, 13 FCC Rcd 15920, 15972-74 (1998) and 47 C.F.R. �� 73.3571, 73.3572, and 73.3573; see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386, 7421 (2000) and 47 C.F.R. � 73.3573(e)(2); see also Report and Order, 15 FCC Rcd at 2254-57 and 47 C.F.R. � 73.870(b). The one exception to this licensing rule is that applications for new FM booster station construction permits, which must operate on a co-channel
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  • conditions are met: (1) There is no other timely filed expression of interest, or (2) If another interest in the proposed channel is timely filed, an additional equivalent class of channel is also allotted, assigned or available for application. ***** Note: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Sec. 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
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  • on a portion of a license is needed to compare with bids on portions of corresponding reconfigured licenses, such as when a withdrawn bid on a license in an auction must be compared to bids on corresponding reconfigured licenses in a later auction; Standardize auction payment rules by conforming rules applicable to broadcast construction permits won at auction, sections 73.3571, 73.3573, 73.5003, 73.5006, and 74.1233, to the final payment procedures in section 1.2109(a); and Enhance the availability of the consortium exception to the designated entity and entrepreneur aggregation rule, section 1.2110(b)(3)(i), by providing further clarity as to its implementation. In particular, we provide that (a) each member or group of members of a winning consortium seeking separate licenses shall file a
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  • service in numerous areas across the United States. This Second Order addressed technical, operational, and ownership issues necessary for the further development of the service. Licensing Procedures Under Section 73.1695 of the Commission's rules, the Commission considers whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. In the DAB FNPRM, we sought comment on what, if anything, the Commission should do to amend or replace these procedural requirements in the context of DAB. With regard to mandatory paperwork, Section 73.3500 of the Commission's rules lists the applications and report forms that
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  • four years. We continue to believe it would be unreasonable to penalize Iowa State, HAC, and other similarly situated NCE applicants for routine and inevitable changes in their boards or other governing bodies, over the substantially longer period that the Commission was unable to act on their applications due to pending NCE rulemaking and judicial proceedings. Therefore, we waive Section 73.3573 with respect to the change in the governing bodies of these applicants and others, as noted in the ordering clauses and Appendix to this Order. The staff, as part of its fair distribution analysis, is likely to encounter pending NCE applicants that have experienced gradual ownership changes over long periods and not as an outgrowth of the party's desire to
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  • 10 FCC Rcd 13068, 13069 (1995)). See 47 C.F.R. � 1.46(c). Id. at � 1.46(a). See 47 C.F.R. � 1.46. See also 47 C.F.R. �� 1.115(d) and 1.4(b). See Hillebrand Broadcasting, Inc., Order, 1 FCC Rcd 419, 420 n.6 (1986). Prosecution of an application includes timely compliance with both procedural and substantive rules. Id. at 419. See 47 C.F.R. � 73.3573. Compare MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 35 n.2 (1991) (consideration of application for review filed 10 days late where no party would be prejudiced); Noble Syndications, Inc., Memorandum Opinion and Order, 74 FCC2d 124, 128-29 (1979) (consideration of opposition filed 9 days late where no party would be prejudiced). February Substantive Petition at 1-3. See
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  • a licensee or permittee fails to file a minor change application to implement an upgrade within the 90-day period set forth in the rulemaking Report and Order. Milledgeville, Georgia, Memorandum Opinion and Order, 10 FCC Rcd 7727 (MMB 1995) (modification application implementing rulemaking filed over one and one-half years after 90-day period preserved amended allotment). See 47 C.F.R. �� 73.203, 73.3573(a). Letter to Robert Lewis Thompson, Esquire and George R. Borsari, Esquire, supra, at 3. See 47 C.F.R. � 73.3522(c). The amendment was unaccompanied by any demonstration of ``good cause.'' See 47 C.F.R. � 17.4(a). See 47 C.F.R. � 73.211. Specifically, Item 2 of Section III-B of the amended application indicated that the proposal is for a Class C facility. Section
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  • Caledonia (Exhibit B). Family retained Francisco Depousior to provide accountancy services in connection with In re Family Broadcasting, Inc., U.S. Bankruptcy Case Number 105-00004 pending in the U.S. Bankruptcy Court for the District of the Virgin Islands. Second Thursday, 22 FCC 2d at 516. LaRose, 494 F.2d at 1150. 47 C.F.R. �� 73.3571(h)(processing of new and major AM broadcast station applications);73.3573(f)(2) (processing of non-reserved FM broadcast station applications). Second Thursday, 25 FCC 2d at � 7 (resumption of AM service and commencement of FM service cited as public interest consideration which, along with substantial equities in favor of innocent creditors, were found to outweigh any indirect benefits to possible wrongdoers); Public Service Enterprises, Inc., 69 FCC 2d 967 (1978) (noting obvious
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  • constitute major modifications,'' thus ensuring that ``only buildable stations would be subject to bid.'' Id. MEI Comments at 9. Id. Id. at 9-10. Id. at 10. Under the former ``hard look'' processing policies, the Commission would not accept nunc pro tunc curative amendments to correct certain patent defects in commercial broadcast station application filings. See Amendment of Sections 73.3572 and 73.3573 Relating to Processing of FM and TV Broadcast Applications, Report and Order, MM Docket No. 84-750, 50 FR 19936 (May 13, 1985), recon. denied, Memorandum Opinion and Order, 50 FR 43157 (Oct. 24, 1985), affirmed sub nom. Hilding v. FCC, 835 F.2d 1435 (9th Cir. 1987). BFIT Comments at 8 (noting Commission's use of ``unpublished'' technical policies and differences between
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  • of two points would not exceed Regents' five-point total. See 47 C.F.R. � 73.3555(e). 47 C.F.R. � 73.509. See Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications, Public Notice, 56 RR 2d 776, 49 Fed. Reg. 47331 (Aug. 2, 1984). 47 C.F.R. � 73.3522. Id. at � 73.3522(b)(3). See also id. at � 73.3573(e)(4) (timely-filed NCE applications for new facilities or major modifications that are determined to be unacceptable for filing will be returned and subject to the amendment requirements of Section 73.3522). See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations,Memorandum Opinion and Order, 25 FCC Rcd 1681 at �136 (2010)
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  • published in the Federal Register. APPENDIX B Comments and Reply Comments Filed in Response to Second FNPRM Comments Native Public Media / National Congress of American Indians Gila River Telecommunications, Inc. Reply Comments Gila River Telecommunications, Inc. APPENDIX C Final Rules Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Section 73.3573 is amended by adding new paragraph (f)(6) and adding new Note 5, to read as follows: � 73.3573 Processing FM broadcast station applications. * * * * * (f) * * * (6)(i) When a non-reserved channel FM allotment is added to the Table of FM Allotments using the Tribal Priority described in Note 5 to this section, the FCC
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  • conclusive test, it is one that the Commission will treat as establishing a rebuttable presumption of an allotment that could not be modified to serve both the majority of an Urbanized Area and the community of license. See, e.g., Review of the Pioneer's Preference Rules, First Report and Order, 9 FCC Rcd 605, 610 n.24 (1994). 47 C.F.R. �� 73.3571(j)(2), 73.3573(g)(2). See, e.g., Miller Parties Comments at 8. See, e.g., MTV Comments at 22. Opposition to this proposal was not as strong as to other proposals, and was supported by one commenter that otherwise generally disagreed with changing our 307(b) standards. See BFIT Comments at 7. Loss of service to underserved listeners that is offset by proposed new service to a
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  • declarations that the Station's engineer initiated program tests in accordance with the Construction Permit at approximately 9:30 p.m. on June 12, 2005. The Bureau also found that its sua sponte waiver of Section 73.3598(e) was consistent with the Streamlining Order and long-standing Commission precedent. The Bureau also assumed without explanation that the staff action required an implicit waiver of Section 73.3573, Note 4, and upheld this action as well. Accordingly the Bureau found that the BCI Application was unacceptable for filing pursuant to the Commission's cut-off rules and dismissed it. 7. On April 17, 2008, BCI filed its Application for Review. BCI argues that the Bureau's sua sponte waiver of the automatic expiration provision of Section 73.3598(e) of the Rules changes
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  • Federal Communications Commission FCC 98-117 approximately 11 kilometers and first-adjacent channel spacing requirements by between 12 and 21 kilometers. 73 See Docket 80-90 MO&O, 97 FCC 2d at 285 (adopting "16 kilometer buffer, in addition to the normal distance separation requirements, to existing Class C stations currently operating with an HAAT of less than 300 meters."). 74 47 C.F.R. � 73.3573(g)(3); see Amendment of Sections 73.3572 and 73.3573 Relating to Processing of FM and TV Broadcast Applications, Report and Order in MM Docket 84-750, 50 Fed. Reg. 19936, 19941-42, recon. den., 50 Fed.Reg. 43157 (1985); see also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, Report and Order in MM Docket 92-159, 8 FCC Rcd
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). Local notice is also required to be broadcast over the station, if operating. However, if
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  • demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00368.pdf
  • Title 47 of the United States Code of Federal Regulations is amended as follows: Section 1.420 is amended by changing Note 2 to subsection (h) to Note 3 and adding Note 2 to subsection (g) to read as follows: Note 2: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Section 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.txt
  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • (1999) (1999 Technical Streamlining First Report and Order). The proposals upon which the Commission has not yet acted pertain to whether the Commission should allow negotiated interference agreements between or among FM broadcast stations to accept new or increased interference in connection with substantial facilities improvements. Technical Streamlining Notice, 13 FCC Rcd at 14857-63, �� 17-27. 47 C.F.R. �� 73.3571, 73.3573, and 74.1233. 47 C.F.R. � 73.3517. Two applications are ``related'' if the grant of one is necessary to permit the grant of the second application. Thus, the ``lead'' application in a group typically will not be ``contingent'' on any other application, but nevertheless will be counted as a ``related'' application. 1999 Technical Streamlining Report and Order, 14 FCC Rcd at
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1227A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1227A1.pdf
  • a copy of this Notice of Proposed Rule Making on World Radio Link, Inc., so that it can participate in this rulemaking proceeding. See 1988 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000), and 47 C.F.R. �� 1.420(g), Note 2 and 73.3573, Note 4. Reclassification of License, Order to Show Cause, 20 FCC Rcd 12182 (MB 2005). See Various Locations, Report and Order, 21 FCC Rcd 2231 (MB 2006). See Letter to Frederick A. Polner, December 14, 2001. See Lincoln, Osage Beach, Steelville, and Warsaw, MO, Report and Order, 7 FCC Rcd 3015 (MMB 1992). See 47 C.F.R. � 1.429(b)(1) (reconsideration can
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1368A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1368A1.pdf
  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1487A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1487A1.pdf
  • height above average terrain (HAAT), which is below the minimum Class C antenna height 451 meters HAAT. Station KAMX(FM), Luling, Texas, currently operates on Channel 234C with an effective radiated power (``ERP'') of 100 kilowatts (``kW'') at 398 meters height above average terrain (HAAT), which is below the minimum Class C antenna height 451 meters HAAT. See 47 C.F.R. �� 73.3573, n. 4 and 1.420(g), n.2. See also Second Report and Order, 15 FCC Rcd at 21,662, � 26. Pursuant to an assignment of license (File No. BALH-20051206AAY) granted on January 19, 2006, the licensee of Station KELI(FM) is now Double O Texas Corp. We will serve this party a copy of this Report and Order. See Various Locations, Report and
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1585A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1585A1.pdf
  • 100 kilowatts at 309 meters height above average terrain (HAAT), which is below the minimum Class C antenna height of 451 meters HAAT. Therefore Station WKQL(FM) is subject to reclassification as a Class C0 facility. Petitioner certified, as required, that no other channels were available for allotment at Homerville. Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Cox Radio, Inc., licensee of Station WKQL(FM), affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action. No response was received, and therefore, in accordance with the Commission's reclassification procedures
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1761A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1761A1.pdf
  • FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Lake Park, Florida, Notice of Proposed Rule Making, 20 FCC Rcd 19396 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See Reclassification of License of Station WHYI-FM, Fort Lauderdale, Florida, Order to Show Cause, 19 FCC Rcd 17449 (MB 2004). As stated in the Notice, Lake Park is an incorporated town listed in the 2000 U.S. Census with a population of 8,721 persons. Petitioner states that Lake Park has its own mayor, town manager, elementary school, fire department,
• http://transition.fcc.gov/fcc-bin/audio/DA-06-1885A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1885A1.pdf
  • Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Auxvasse, Missouri, Notice of Proposed Rule Making, FCC Rcd (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See File No. BLH-19870504KB. In this regard, we issued an Order to Show Cause directed to Emmis Radio License, LLC, (``Emmis Radio''), licensee of Station KSHE(FM), Crestwood, Missouri, affording it 30 days to express in writing an intention to seek authority to upgrade Station KSHE(FM)'s technical facilities to preserve Class C status, or to otherwise challenge the proposed
• http://transition.fcc.gov/fcc-bin/audio/DA-06-2026A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-2026A1.pdf
  • Division, Media Bureau: This Order amends 47 C.F.R. Section 73.202(b), the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of 47 C.F.R. Section 73.3573(a)(1), Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). The attached Appendix shows the Table, as amended,
• http://transition.fcc.gov/fcc-bin/audio/DA-06-263A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-263A1.pdf
  • Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau St. Simons Island, Georgia, 20 FCC Rcd 15244 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Station WOGK operates on Channel 229C with the minimum effective radiated power of 100 kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters. See Reclassification of License of Station WOGK(FM), Ocala, Florida, 17 FCC Rcd 1657 (MMB 2002). See Public Notice, DA 04-3647, dated November 18, 2004. Channel
• http://transition.fcc.gov/fcc-bin/audio/DA-06-272A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-272A1.pdf
  • 279C with less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, FM Station WUSW is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Clear Channel Broadcasting Licenses, Inc. (``Clear Channel''), licensee of FM Station WUSW, Hattiesburg, Mississippi, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C
• http://transition.fcc.gov/fcc-bin/audio/DA-06-337A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-337A1.pdf
  • application. In 2001, NABC filed a similar application proposing a site change which also required the reclassification of Station WPAY to Class C0. That application triggered the filing of an application by Station WPAY specifying minimum Class C facilities. The application was granted on September 26, 2003. As a result, the NABC application was dismissed under Note 4 of Section 73.3573 of the rules. NABC filed a Petition for Reconsideration directed to the dismissal of its application and the application thus remains pending. Under Section 73.3518 of the rules, we cannot consider the subsequent inconsistent and conflicting NABC application in this proceeding until final disposition of the NABC Petition for Reconsideration. Waiving this rule in these circumstances would not be conducive
• http://transition.fcc.gov/fcc-bin/audio/DA-06-433A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-433A1.pdf
  • Channel 293C with less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters HAAT. As a result, Station KYQQ(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause directed to Journal Broadcast Corporation (``Journal''), licensee of Station KYQQ(FM), Arkansas City, Kansas, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or to
• http://transition.fcc.gov/fcc-bin/audio/DA-06-610A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-610A1.pdf
  • Division, Media Bureau, (202) 418-2700. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Meyersville, Texas, 20 FCC Rcd 13003 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000); see also note 2 to Section 1.420(g) and note 4 to Section 73.3573 of the Commission's Rules. Public Notice, Report No. 27453, released January 25, 2006. Station KCYY operates on Channel 262C with the minimum effective radiated power of 100 kilowatts and less than the minimum Class C antenna height above average terrain (``HAAT'') of 451 meters. See Reclassification of License of Station KCYY(FM), San Antonio, Texas, 19 FCC Rcd 19482 (MB 2004).
• http://transition.fcc.gov/fcc-bin/audio/DA-06-987A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-987A1.pdf
  • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
• http://transition.fcc.gov/fcc-bin/audio/DA-07-1128A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-1128A1.pdf
  • COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau Glenmora and Marksville, Louisiana, Notice of Proposed Rule Making, 20 FCC Rcd 12971 (MB 2005). See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21649 (2000); see also 47 C.F.R. �� 1.420(g), n.2; 73.3573, n. 4. See Reclassification of License of Station KIOC, Orange, Texas, Order to Show Cause, 19 FCC Rcd 19486 (MB 2004). (continued....) Federal Communications Commission DA 07-1128 Federal Communications Commission DA 07-1128 �@��� �@��� �@��� �@��� gd~ gd~ gd~ gd~ gd~ gd~ � gd~ gd~ " 4 O /O Q k l � � � � / 0 1 Y
• http://transition.fcc.gov/fcc-bin/audio/DA-07-1671A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-1671A1.pdf
  • only Form 301 and submit the appropriate minor modification application fee. See Section 73.203(b). Example 4 (Licensed station changing to a non-adjacent channel): Station A proposes to substitute 277A for 221A. No change in community of license is proposed. Procedure: Station A must file Form 301 and submit the appropriate minor modification application filing fee. See Paragraph 16 and Section 73.3573(a)(1)(iv). Example 5 (Licensed station proposing a non-adjacent channel upgrade): Station A proposes to substitute 277C3 for 221A. No change in community of license is proposed. Procedure: Station A may file a petition for non-adjacent channel upgrade (similar to a petition for rulemaking). See Paragraph 15. Or: Station A may file a minor change application to substitute 277A for 221A. Upon
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2196A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2196A1.pdf
  • See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982), recon. denied, Memorandum Opinion and Order, 56 RR 2d 448 (1983). 47 C.F.R. � 1.420(i). Under our recently revised procedures for requesting changes in community of licensee, see note 12, supra, FM change of community requests should now be made pursuant to Section 73.3573 of the Commission's Rules. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990). See note 11, supra, for the FM allotment priorities. Federal Communications Commission DA 07-2196 Federal Communications Commission DA 07-2196 h %
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2388A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2388A1.pdf
  • this proceeding, contact Victoria M. McCauley, Media Bureau, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief Audio Division Media Bureau See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000). Pursuant to the requirements set forth in Note 4 of Section 73.3573 of the rules, we issued an Order to Show Cause to Jacor as licensee of Station KRFX(FM), Denver, Colorado. See In Re Reclassification of License of Station KRFX(FM), Denver, Colorado, 18 FCC Rcd 3220 (MB 2003) Jacor responded and filed the necessary application (File No. BPH-20030424AA), whose grant was subsequently rescinded. See Public Notice, Report No. 25498 (June 3, 2003).
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  • 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 in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212 (2006), FM change of community requests should now be made pursuant to Section 73.3573 of the Commission's Rules. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order, 4 FCC Rcd 4870 (1989), recon. granted in part, Memorandum Opinion and Order, 5 FCC Rcd 7094 (1990). The FM allotment priorities are: (1) first fulltime aural service; (2) second fulltime aural service; (3) first local service; and (4)
• http://transition.fcc.gov/fcc-bin/audio/DA-07-3414A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-3414A1.pdf
  • KYQQ(FM) is subject to reclassification as a Class C0 facility pursuant to the reclassification procedures adopted in the Commission's Second Report and Order, MM Docket No. 98-93, See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000). Note 2 to Section 1.420(g), and Note 4 to Section 73.3573 of the Commission's rules. Pursuant to the requirements set forth in Section 73.3573, Note 4, we issued an Order to Show Cause, Reclassification of License of Station KYQQ(FM)) Arkansas City, Kansas, Order to Show Cause, 20 FCC Rcd 12122 (MB 2005), directed to Journal Broadcast Corporation (``Journal''), licensee of Station KYQQ(FM), Arkansas City, Kansas, affording it 30 days to express
• http://transition.fcc.gov/fcc-bin/audio/DA-09-1732A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-1732A1.pdf
  • was filed as part of a hybrid application and rulemaking proposal involving the Petitioner's concurrently filed minor change application. In this application, the Petitioner proposes the substitution of Channel 244C2 for Channel 244C3 at Morgan City, the reallotment of Channel 244C2 to Gray, Louisiana, and the associated modification of its license for Station KMYO-FM, pursuant to the provisions of Section 73.3573(g) of the Commission's Rules. The modification of the Morgan City license is contingent upon the requested channel substitution at Dulac. The NPRM noted that Channel 230A could be substituted for vacant Channel 242A at Dulac with a change of reference coordinates to accommodate the above referenced application. Although the Petitioner's rulemaking petition claimed that this proposed channel substitution would result
• http://transition.fcc.gov/fcc-bin/audio/DA-09-2280A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-2280A1.pdf
  • change was filed as part of a hybrid application and rulemaking proposal involving the Petitioner's concurrently filed minor change application. In this application, the Petitioner proposes the substitution of Channel 245A for Channel 244C2 at Laramie, the reallotment of Channel 245A to Nunn, Colorado, and the associated modification of its license for Station KIMX(FM), pursuant to the provisions of Section 73.3573(g) of the Commission's Rules. The modification of the Laramie license is contingent upon the requested channel substitution at Wheatland. Discussion. We believe that the public interest would be served by the substitution of FM Channel 286A for vacant Channel 247A at Wheatland. This channel substitution will accommodate the grant of the Petitioner's application and result in the provision of a
• http://transition.fcc.gov/fcc-bin/audio/DA-10-23A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-23A1.pdf
  • 281C3 to Peach Springs. The Petitioner states that this proposed allotment is being filed as part of a hybrid application and rulemaking proposal involving the Petitioner's long-form application to implement its auction facility. In this application, the Petitioner proposes a minor modification from Channel 268C3 at Peach Springs to Channel 267C2 at Oatman, Arizona, pursuant to the provisions of Section 73.3573 of the Commission's Rules. The minor modification application is contingent upon the requested allotment at Peach Springs. In support of its rulemaking request, the Petitioner contends that the allotment of Channel 281C3 at Peach Springs will maintain a first local service at Peach Springs. The Petitioner states that the loss of potential service does not raise the same level of
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1129A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1129A1.pdf
  • Report and Order, 17 FCC Rcd 9578 (MB 2002) (dismissing a counterproposal because it proposes an involuntary class downgrade, site change, and community of license change for another station). See 47 C.F.R. � 1.429; and Eagle Broadcasting Co. v FCC, 514 F.2d 852 (D.C. Cir. 1975). Murrieta, California, Memorandum Opinion and Order, 21 FCC Rcd 9440, 9442 (2006). See Section 73.3573 of the Commission's Rules, 47 C.F.R. � 73.3573, which indicates that all changes in the facilities of authorized stations require an application for either a major change or a minor modification. (continued....) Federal Communications Commission DA 11-1129 Federal Communications Commission DA 11-1129 ; < � �@���
• http://transition.fcc.gov/fcc-bin/audio/DA-11-653A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-653A1.pdf
  • a Class C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes both to amend the FM Table of Allotments and to reclassify a Class C FM station, the Commission must issue an order to show cause, as set forth in Section 73.3573, note 4, of the Commission's rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • conditions are met: (1) There is no other timely filed expression of interest, or (2) If another interest in the proposed channel is timely filed, an additional equivalent class of channel is also allotted, assigned or available for application. ***** Note: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Sec. 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • 1.22 The Final Regulatory Flexibility Analysis, pursuant to the Regulatory Flexibility Act, 5 U.S.C. � 604, is contained in Appendix B. 1.23 Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 4(i), 4(j), 303, 308 and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 4(i), 4(j), 303, 308 and 309, Sections 73.3517, 73.3571, 73.3573 and 74.1233 of the Commission's rules, 47 C.F.R. �� 73.3517, 73.3571, 73.3573 and 74.1233, ARE AMENDED as set forth in Appendix C. 1.24 IT IS FURTHER ORDERED that the rule amendments set forth in Appendix C WILL BECOME EFFECTIVE 30 days after their publication in the Federal Register, and the information collection contained in these rules will become effective 30
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of
• 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
  • other comments on this subject, we do not believe it would be in the public interest to eliminate this information from the license application at this time. 75. 50% Change in Area Constitutes A Major Change for FM Noncommercial Educational Stations - Comments. KSBJ Educational Broadcasting Foundation ("KSBJ") has proposed that we examine whether a revision to 47 C.F.R. Section 73.3573(a) is warranted regarding the major change application definition for existing noncommercial educational FM stations. Presently, any technical change which would result in a change of more than 50% in the 1 mV/m (60 dBu) service area of a noncommercial educational FM station is defined as a major change, necessitating the release of a public notice establishing a cut off date
• 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
  • in the Notice, 12 FCC Rcd at 22390 (� 65), the adoption of a fixed period filing window will terminate the ability of applicants to tender new and major change FM applications on a first come/first served basis, as permitted under the Report and Order in Docket 84-750, 50 Fed. Reg. 19936 (May 13, 1985). See also 47 C.F.R. � 73.3573. With regard to the FM allotment process, channels will continue to be assigned to the FM Table of Allotments through our existing rulemaking process, and we will continue to accept and process petitions for rulemaking requesting the allotment of new FM channels to the Table of Allotments at any time. However, we will no longer open filing windows in allotment
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • competitive bidding and the associated uniform window filing procedures. Specifically, the Commission expanded the definition of minor change for the FM translator and AM services to conform more closely to the commercial FM definition, where generally only proposed changes in the community of license and changes to non-adjacent or non-intermediate channels are defined as major changes. See 47 C.F.R. � 73.3573(a)(1). Changes in power, antenna height and/or antenna location for stations in the FM translator and AM services are now classified as minor changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the
• 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
  • in the Notice, 12 FCC Rcd at 22390 (� 65), the adoption of a fixed period filing window will terminate the ability of applicants to tender new and major change FM applications on a first come/first served basis, as permitted under the Report and Order in Docket 84-750, 50 Fed. Reg. 19936 (May 13, 1985). See also 47 C.F.R. � 73.3573. With regard to the FM allotment process, channels will continue to be assigned to the FM Table of Allotments through our existing rulemaking process, and we will continue to accept and process petitions for rulemaking requesting the allotment of new FM channels to the Table of Allotments at any time. However, we will no longer open filing windows in allotment
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • competitive bidding and the associated uniform window filing procedures. Specifically, the Commission expanded the definition of minor change for the FM translator and AM services to conform more closely to the commercial FM definition, where generally only proposed changes in the community of license and changes to non-adjacent or non-intermediate channels are defined as major changes. See 47 C.F.R. � 73.3573(a)(1). Changes in power, antenna height and/or antenna location for stations in the FM translator and AM services are now classified as minor changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • competitive bidding and the associated uniform window filing procedures. Specifically, the Commission expanded the definition of minor change for the FM translator and AM services to conform more closely to the commercial FM definition, where generally only proposed changes in the community of license and changes to non-adjacent or non-intermediate channels are defined as major changes. See 47 C.F.R. � 73.3573(a)(1). Changes in power, antenna height and/or antenna location for stations in the FM translator and AM services are now classified as minor changes, provided that FM translator stations proposing antenna location changes continue to provide 1 mV/m service to some portion of their authorized 1 mV/m service areas. In addition, the Commission now classifies as "minor" any changes to the
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to bid. Enter the File Number of the pertinent broadcast application (i.e., FCC Form 301 for
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • to conduct auctions. 47 C.F.R. � 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. �� 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. �� 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e)
• 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
  • Federal Communications Commission FCC 98-117 approximately 11 kilometers and first-adjacent channel spacing requirements by between 12 and 21 kilometers. 73 See Docket 80-90 MO&O, 97 FCC 2d at 285 (adopting "16 kilometer buffer, in addition to the normal distance separation requirements, to existing Class C stations currently operating with an HAAT of less than 300 meters."). 74 47 C.F.R. � 73.3573(g)(3); see Amendment of Sections 73.3572 and 73.3573 Relating to Processing of FM and TV Broadcast Applications, Report and Order in MM Docket 84-750, 50 Fed. Reg. 19936, 19941-42, recon. den., 50 Fed.Reg. 43157 (1985); see also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, Report and Order in MM Docket 92-159, 8 FCC Rcd
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • being amended (if known). (7) Date of filing of application being amended (if file number is not known). D. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). Local notice is also required to be broadcast over the station, if operating. However, if
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp
  • streamline Mass Media Bureau radio technical rules.1 After careful review of the comments filed in this proceeding, we are persuaded that these measures will encourage licensees and permittees to propose service improvements by making the AM, commercial FM, NCE FM and FM translator application processes simpler, faster and more efficient. Federal Communications Commission FCC 99-55 _________________________________________________________________ 2 47 C.F.R. � 73.3573(f)(1); see Amendment of Sections 73.3572 and 73.3573 Relating to the Processing of FM and TV Broadcast Applications, Report and Order in MM Docket No. 84-750, 50 Fed. Reg. 19936, 19941-42; recon. den., 50 Fed. Reg. 43157 (1985); see also Amendment of the Commission's Rules to Permit FM Channel and Class Modifications by Application, Report and Order in MM Docket No.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000251.doc
  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001840.doc
  • Allocations Branch: 1. This Order amends Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to specify the classes of channels allotted to various communities. These amendments are necessary to reflect changes that have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and the Amendment of the Commission's Rules to Permit FM Channel and Class Modifications [Upgrades] by Application, 8 FCC Rcd 4735 (1993). The attached Appendix shows the Table, as amended, for those communities. 2. This action constitutes an editorial change in the Table
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application
• 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
  • Title 47 of the United States Code of Federal Regulations is amended as follows: Section 1.420 is amended by changing Note 2 to subsection (h) to Note 3 and adding Note 2 to subsection (g) to read as follows: Note 2: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Section 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.txt
  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
  • settle with each other for a considerable time, both before and after the NCE Order, few have filed settlements. To foster settlements, the University of Kansas believes that we should provide for existing applicants to amend out of a mutually exclusive group by specifying any other available channel for which no one has applied. It asks us to modify Section 73.3573 of our rules to consider such action as a minor change. Kansas believes that such action would be consistent with 74.1233(e)(2) used to resolve mutually exclusive FM translator applications. We do not adopt Kansas's proposal because it would preclude other full service applicants from applying for the available frequencies in the next filing window. Under existing rules, an applicant may
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0006.doc
  • later than the close of business on the cut-off date. Any application previously accepted for filing and in conflict with the applications listed in the attached appendix may also be amended as a matter of right not later than the close of business on the cut-off date. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission's Rules. -FCC- Attachment APPENDIX BPED -990714ME NEW Muncie IN Hymn Time, Inc. REQ: 88.300 MHz; Channel No. 202A H Erp: KW; H Haat: M V Erp: .200 KW; V Haat: 90 M BPED -970805MA NEW Lake Charles LA Hymn Time, Inc. REQ: 90.300 MHz; Channel No. 212C1 H Erp: KW; H Haat: M V Erp: 100. KW;
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0007.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0007.txt
  • listed in the attached appendix is no longer mutually exclusive and are accepted for filing. Petitions to deny the application listed in the attached appendix and minor amendments thereto must be on file with the Commission not later than the close of business on March 3, 2000. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission Rules. FCC Attachment APPENDIX BPH -970925MT NEW Dolores CO Four Corners Broadcasting, LLC REQ: 93.300 MHz; Channel No. 227C2 BPH -951120MI NEW Agana GU Inter-Island Communications, Inc. REQ: 102.900 MHz; Channel No. 275C2 BPH -931105MA NEW Pelham GA Mitchel County Television REQ: 92.300 MHz; Channel No. 222A BPH -970904MH NEW Orofino ID Torro Broadcasting REQ: 98.500 MHz;
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0027.doc
  • listed in the attached appendix is no longer mutually exclusive and is accepted for filing. Petitions to deny the application listed in the attached appendix and minor amendments thereto must be on file with the Commission not later than the close of business on May 3, 2000. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission Rules. FCC Attachment APPENDIX BPH-19970911M7 970911M7 GILLETTE, WY KEVIN CLEMENTS REQ: 97.7 MHz Channel No. 249A FCC - $ ��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 ��-
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0028.doc
  • later than the close of business on the cut-off date. Any application previously accepted for filing and in conflict with the applications listed in the attached appendix may also be amended as a matter of right not later than the close of business on the cut-off date. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission's Rules. -FCC- Attachment APPENDIX BPED-19970312MC 970312MC BETTENDORF, IA AUGUSTANA COLLEGE REQ: 91.1 MHz Channel No. 216B1 BPED-19980225MA 980225MA ABILENE, TX BROADCASTING FOR THE CHALLENGED INC. REQ: 90.5 MHz Channel No. 213C2 BPED-19980813MF 980813MF STERLING, CO EDUC. COMMUN. OF COLORADO SPRINGS, INC. REQ. 90.7 MHz Channel No. 214C1 BPED-19980814MI 980814MI STERLING, CO BROADCASTING FOR THE CHALLENGED INC REQ:
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm0032.doc
  • later than the close of business on the cut-off date. Any application previously accepted for filing and in conflict with the applications listed in the attached appendix may also be amended as a matter of right not later than the close of business on the cut-off date. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission's Rules. -FCC- Attachment APPENDIX BPED-19981230MB 981230MB NEWTON, IA BROADCASTING FOR THE CHALLENGED INC. REQ: 88.9 MHz Channel No. 205A BPED-19981231MH 981231MH SPIRIT LAKE, IA MINN-IOWA CHRISTIAN BROADCASTING, INC. REQ: 88.9 MHz Channel No. 205C2 BPED-19990104MI 990104MI ADEL, IA CSN INTERNATIONAL REQ: 88.9 MHz Channel No. 205C3 BPED-19990104ML 990104ML FORT DODGE, IA FAMILY STATIONS, INC. REQ: 88.9 MHz
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm9217.doc
  • later than the close of business on the cut-off date. Any application previously accepted for filing and in conflict with the applications listed in the attached appendix may also be amended as a matter of right not later than the close of business on the cut-off date. Amendments filed pursuant to this notice are subject to the provisions of Section 73.3573 of the Commission's Rules. -FCC- Attachment APPENDIX BPED -990104MA NEW Beverly Beach FL Good Idea, Inc. REQ: 91.100 MHz; Channel No. 216A H Erp: KW; H Haat: M V Erp: 1.3 KW; V Haat: 57 M BPED -990104MN NEW Beverly Beach FL Community Public Radio, Inc. REQ: 91.100 MHz; Channel No. 216A H Erp: KW; H Haat: M V Erp:
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/2000/da000566.doc
  • 2000). WVHL - Request for reduction of FY 1998 regulatory fees for WVHL (FM) at Farmville, VA. Denied. (February 29, 2000). [See Report and Order, In re Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, FCC 9 Rcd 5333 (June 1994); 47 CFR 1.1160, 1.1166. See also 47 CFR 73.3573]. NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE CREDIT & DEBT MANAGEMENT CENTER AT (202) 418-1995. Federal Communications Commission ________________________________________________________________________ _____________ ________________________________________________________________________ __________ DA 00-566 +D`� +D`� +DF� +DF� p q �0� * 0 o v � � p q "��PNG ��(R)�R����(R)l2� "� � �p | [ݶѵ R�u�-��s�] <��7�� )� ���������oOv�*���{�``�KD� F�� �)dž �� 'X� ''m ''\�x��=9
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000566.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000566.txt
  • 2000). WVHL - Request for reduction of FY 1998 regulatory fees for WVHL (FM) at Farmville, VA. Denied. (February 29, 2000). [See Report and Order, In re Implementation of Section 9 of the Communications Act, Assessment and Collection of Regulatory Fees for the 1994 Fiscal Year, FCC 9 Rcd 5333 (June 1994); 47 CFR 1.1160, 1.1166. See also 47 CFR 73.3573]. NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE CREDIT & DEBT MANAGEMENT CENTER AT (202) 418-1995. Federal Communications Commission ________________________________________________________________________ _____________ ________________________________________________________________________ __________ DA 00-566 $ $ $ �� �� �� $ "��PNG ��(R)�R����(R)l2� "� � �p | [ݶѵ R�u�-��s�] <��7�� )� ���������oOv�*���{�``�KD� F�� �)dž �� 'X� ''m ''\�x��=9 I��2��&� �E�[��(R)_g
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980401.html
    • 1998. by Order & Auth. (DA No. 98-619). IB Internet URL: [8]http://www.fcc.gov/Bureaus/International/Orders/1998/da980619.txt THUNDERBOLT BROADCASTING COMPANY. Denied Application for Review filed by Thunderbolt Broadcasting Company (TBC), licensee of WCDZ(FM), Dresden, Tennessee, seeking review of a September 27, 1996 letter order (Order) by the Assistant Chief, Audio Services Division, Mass Media Bureau which denied TBC's request for waivers of Sections 73.203 and 73.3573 of the Commission's Rules and dismissed TBC's application to modify and upgrade Station WCDZ from Class A to Class C3 on Channel 236 in Dresden, Tennessee. Action by the Commission. Adopted: February 26, 1998. by MO&O. (FCC No. 98-29). MMB Internet URL: [9]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98029.txt ADDENDA: The following items, released March 31, 1998, did not appear in Digest No. 61: ----------------------------------------------------------------------- ---
  • http://www.fcc.gov/Forms/Form175/175.pdf
    • - FMT; TV Translator and Low Power Television SST. Use a separate line for each different facility. Indicate whether the facility for which you want to bid is a new facility or a "major modification" to an existing facility, as defined in 47 C.F.R. � 73.3571(a)(1) (AM Radio), � 73.3572(a)(1) (Full Power Television, Low Power Television and Television Translators), � 73.3573(a)(1) (FM Radio), and � 74.1233(a)(1) (FM Translators). If you intend to bid on an AM Radio facility, enter the Frequency of that facility; otherwise enter the Channel number. Enter the Community of License (both City and State) of the facility for which you intend to bid. Enter the File Number of the pertinent broadcast application (i.e., FCC Form 301 for
  • http://www.fcc.gov/Forms/Form301/301.pdf
    • requirement. Applicants can access the electronic filing system via the Internet from the Media Bureau's Website at: http://www.fcc.gov/mb. E. Public Notice Requirements: (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new broadcast stations and for major change in existing broadcast facilities (as defined in 47 C.F.R. Sections 73.3571(a)(1) (for AM applicants), 73.3572(a)(1) (for television applicants), or 73.3573(a) (1) (for FM applicants)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments as defined in 47 C.F.R. Sections 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). This publication requirement also applies with respect to applications for minor modification to existing AM
  • http://www.fcc.gov/Forms/Form340/340.pdf
    • educational station operating on a non-reserved channel should use Form 301. Applicants seeking authority to construct a new station or to make a major modification to existing facilities of a station operating on a non-reserved channel should use Form 175. For definitions of "major change" and "minor change" see 47 C.F.R. Section 73.3572(a) (for television applicants) and 47 C.F.R. Section 73.3573(a) (for FM applicants). C. When to File: The Commission periodically issues public notices that announce filing windows during which it will accept certain types of broadcast applications. When using Form 340 to apply for a new station or to propose major changes to an existing station, applicants must file during a window filing period for NCE applications. When using Form
  • http://www.fcc.gov/fcc-bin/audio/DA-02-2310A1.doc http://www.fcc.gov/fcc-bin/audio/DA-02-2310A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-02-2310A1.txt
    • C0 station may be initiated through the filing of a petition for rule making to amend the FM Table of Allotments. In instances where an initiating petition proposes amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. Therefore, in order to comply with the Commission's Class C0 reclassification procedures, we must issue this Order to Show Cause directed to Cumulus Media L.L.C. (``Cumulus''), licensee of Station WLWI-FM at Montgomery, Alabama and American Family Association Incorporated
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1488A1.pdf
    • In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau by authority delegated under Section 0.283 of the Rules, we find that Neely apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Neely is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Neely's waiver request and accept his application for filing. II. BACKGROUND 2.
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.pdf
    • 2001, BCI submitted an application (File No. BPH-20011228AAO) for a one-step upgrade of its facilities from Channel 240C2 to Channel 240C1. Due to spacing constraints with WRKH(FM) and the fact that WRKH(FM) operates at less than minimum Class C HAAT requirements, BCI's application also requested reclassification of WRKH(FM) from a Class C to a Class C0 station. Pursuant to Section 73.3573, CCBL, on February 26, 2002, duly filed a modification application (File No. BPH-20020226ACL) which specified Class C facilities. CCBL's application was granted, and a construction permit was issued on June 13, 2002. Accordingly, BCI's upgrade application was dismissed on June 14, 2001. See id; see also File No. BLH-20050615ACP. See Opposition at 3. BCI notes that in the public interest
  • http://www.fcc.gov/fcc-bin/audio/DA-06-2016A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2016A1.pdf
    • administrative notice, we conclude that Fatima Response, Inc. (``FRI''), as currently incorporated, is not the FRI that originally filed the above-referenced application, and that FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. Moreover, because FRI's membership has undergone two major changes since its application was filed, the application must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we dismiss FRI's application. Background. On November 8, 1995, FRI, doing business as St. Michael's Catholic Radio, filed the above-referenced application. According to the original application, FRI's address was 2044 Beverly Plaza, Suite 281, Long Beach, California 90815. The members of FRI listed in the application were Kimberly Thompson and Christine Matson, with Thompson listed as
  • http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.pdf
    • an application for transfer of a controlling interest in a licensee was to have been filed on a Form 315, except for pro forma or involuntary transfers of control, which are filed on a Form 316. Thus, a transfer to a personal representative, being involuntary, was exempt from the rule requiring a new file number. See, e.g., 47 C.F.R � 73.3573(b) (1998). See also Richardson Broadcasting Group, 3 FCC Rcd 5453 (MMB 1988) (involuntary transfer of control due to death of original applicant does not require assignment of new file number to pending application). See Rose Broadcasting Co., 68 FCC 2d at 1247 (amendment transferring deceased stockholder's 51 percent interest in applicant to personal representative satisfies ``good cause'' test for acceptance);
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    • Bureau ``improperly plucked Capstar's conflicting minor modification application...from the queue and granted it'' extinguishing Great Scott's asserted right to seek reconsideration of the April 13, 2004, decision dismissing its Application. This, it claims, violated Great Scott's right to seek reconsideration under Section 405 of the Communications Act of 1934, as amended (the ``Act''), and the application processing provisions of Section 73.3573(f)(i) of the Commission's Rules. It contends that the grant of the Capstar application renders impossible a fair and impartial consideration of Great Scott's reconsideration Petition. It claims that it was the ``lead applicant'' with a right to pursue its Application to a ``final determination'' before the Capstar application could even be considered. Additionally, it contends that the Commission has recently
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    • of Section 73.3568(a)(1) of our Rules. We likewise find that RCIA, as incorporated, is not composed of the same parties the above-referenced original RCIA Keno application, and that those original parties have failed to prosecute their application. Moreover, because both FRI's and RCIA's membership has undergone major changes since their applications were filed, the applications must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we re-affirm our dismissal of the above-referenced applications. Background. FRI. On February 6, 1995, FRI, doing business as St. Michael's Catholic Radio, filed its above-referenced application. According to the original application, FRI's address was 2044 Beverly Plaza, Suite 281, Long Beach, California 90815. The principals of FRI listed in the application were Kimberly Thompson and Christine
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    • responds that the Commission appropriately waived the Rules with respect to gradual changes in HAC's governing board; that any failure to file timely amendments reflecting the gradual change was due to inadvertence and not to any intention to deceive; and that the relationship between HAC and the Church does not present any real party in interest question. Pursuant to Section 73.3573 of the Rules, a fifty percent change in the governing board of an NCE applicant would generally be considered a ``major change'' and would not be permissible outside of a filing window. Moody, however, ignores the fact that the Commission waived Section 73.3573 for HAC and other similarly situated NCE applicants that experienced gradual ownership changes where those changes were
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    • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that ESW apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing timely to file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that ESW is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant ESW's waiver request and accept its application for filing. II. BACKGROUND 2.
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    • Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau, by authority delegated under Section 0.283 of the Rules, we find that BKM apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that BKM is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant BKM's waiver request and accept its application for filing. II. BACKGROUND 2.
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    • for, among other things, late filing and unauthorized operation. Accordingly, the amendment does not cure the Section 73.509 violation for which the Application was initially dismissed. Finally, we reject Superior's argument that WBFH(FM)'s license renewal application should be placed in a ``queue'' behind its modification application for WHYT(FM). Because the expiration of the WBFH(FM) license was not final, under Section 73.3573(e) of the Rules, the WBFH(FM) license renewal application, albeit untimely, is the ``lead application'' and is entitled to precedence over the WHYT(FM) modification application. Conclusions/Actions. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed by Superior Communications IS DENIED, and that the Amendment filed on December 20, 2004, IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau
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    • routine, gradual changes in ownership during the very long pendency of these applications, such that the original parties to the application no longer retained more than a fifty percent interest in the application as originally filed. In order to avoid the harsh and inequitable dismissal of applications that had undergone such gradual but ``major'' ownership changes, the Commission waived Section 73.3573 for all but one such applicant. The Commission determined that it would be unreasonable to penalize applicants for routine and inevitable ownership changes over a substantial period during which the Commission was unable to act on NCE applications, provided the changes were not outgrowths of a party's desire to gain control over the application. The Commission directed the staff to
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    • for which Regents would have qualified or its standing in the tie-breaker. TAS has failed to make a prima facie issue that the grant of Regents's application would be contrary to the public interest. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by Thomas Aquinas School IS DENIED. IT IS FURTHER ORDERED, That Section 73.3573 of the Commission's Rules, 47 C.F.R. � 73.3573, is waived with respect to the ownership change in Board of Regents of the University of Nevada Acting on Behalf of Truckee Meadows Community College (now Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College). IT IS FURTHER ORDERED, That the application of
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    • mutually exclusive applicant in Group 95083E and as the licensee of KLHT(AM), Honolulu, Hawaii, which operates in the same market as MBC's proposed station. MBC disputes CCHI's claim of standing based on a theory that the Commission has not passed upon major changes in CCHI's governing board, and that those changes warrant immediate dismissal of CCHI's application pursuant to Section 73.3573 of the Commission's rules (the ``Rules''). Assuming arguendo that CCHI underwent a major change in ownership and that such a change might be relevant at a future date were CCHI chosen as tentative selectee, we would nevertheless reject MBC's over-reaching argument that the change would negate CCHI's present interests in this proceeding for the purpose of conferring standing. MBC cites
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    • through the filing of a petition for rule making to amend the FM Table of Allotments or FM broadcast application. In instances where the reclassification involves a petition, amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both Amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has submitted
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    • amended (the ``Act''), informal objections must provide properly supported allegations of fact that, if true, would establish a substantial and material question of fact that grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Removal of WNOW-FM from Gaffney, South Carolina to Bessemer City, North Carolina. GBI filed this application pursuant to Section 73.3573(g) of the Commission's rules which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file a competing expression of interest. This reallotment proposal, like all such proposals, must result in a preferential arrangement of allotments. We determine whether this is the case using the FM allotment priorities
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    • May 29, 2007, against the proposed changes. On June 13, 2007, the three applicants (collectively ``Joint Applicants'') filed a Joint Opposition to the Objection (``Joint Opposition''), to which Davis Community replied (``Reply'') on June 26, 2007. For the reasons discussed below, we deny the Objection and grant the Applications. Background. These contingent applications were filed pursuant to Sections 73.3517 and 73.3573(g) of the Commission's Rules (the ``Rules'') which permits the modification of a station's authorization to specify a new community of license without affording other interested parties an opportunity to file a competing expression of interest. Any re-allotment proposal must result in a preferential arrangement of allotments. We make this determination using the FM allotment priorities set forth in Revision of
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    • penalty of perjury that only one of its three original officers has been replaced since 1998. Accordingly, we find that PAR's allegation of a major change in ownership is erroneous. Moreover, even assuming ENFC had undergone a major change in its ownership structure, such a change would not necessarily be fatal to the Application, as PAR asserts. Pursuant to Section 73.3573 of the Rules, a fifty percent change in the governing board of an NCE applicant is generally considered a ``major change'' and not permissible outside a filing window. In the Omnibus Order, however, the Commission waived Section 73.3573, and directed the staff to grant waivers, for NCE applicants that experienced gradual ownership changes where those changes were not an outgrowth
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    • opposition governed by the filing deadlines in 47 C.F.R. � 1.45. The Motion for Extension of Time will be dismissed as moot. Gold Coast filed its Opposition ``pursuant to Section 73.3587 of the Commission's Rules'' (the ``Rules'') governing informal objections. The 47 C.F.R. � 1.45 filing deadlines do not apply to informal objections. The Application was filed pursuant to Section 73.3573(g) of the Rules which permits the modification of a station's authorization to specify a new community of license without affording other interested parties the opportunity to file competing expressions of interest. Any such allotment proposal must result in a preferential arrangement of allotments. See Modification of FM and TV Authorizations to Specify a New Community of License, Report and Order,
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    • Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88 (1982). Letter to State of Oregon Acting By and Through the State Board of Higher Education and William W. McCutchen III, Reference 1800B3 (MB Aug. 15, 2007) (the ``Show Cause Letter''). File No. BPH-20070720ABF (the ``SOU C1 Application''). BPED-20070720ABF. Letter Decision at 3. See also 47 C.F.R. � 73.3573(f). The Letter Decision did not, however, provide a reasoned basis for this conclusion. As discussed in detail below, we grant reconsideration of the Letter Decision for the limited purpose of providing a more detailed explanation of the basis on which the staff found that grant of the KZCC Application is consistent with Section 307(b) of the Act. Letter Decision at
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    • NCE stations are merely proposals, with no authorized footprint, and are not tantamount to a Commission license, permit, or allotment. Thus, the instant NCE applicants, including the tentative selectee, could not show that a community change is ``minor'' through continued service to a ``previously authorized 1 mV/m service area'' or mutual exclusivity with a ``current assignment." See 47 C.F.R. �� 73.3573(a)(1)(i) and (g)(2). See also Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FCC Rcd 14212, 14221 (2006) (new procedures to change community of license are applicable to authorized reserved band and non-reserved band NCE FM stations; NCE applications have nothing akin to facilities that can be protected until ``an assignment is made, i.e., upon
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    • at approximately 9:30 p.m. the day before its construction permit expired. Those declarations significantly outweigh BCI's bare conjecture concerning alleged discrepancies between statements by the CCBL engineer and ``time stamps'' on the spectrum analyzer printouts. We find that BCI has failed to raise a substantial and material question of fact regarding the initiation of WRKH(FM) program tests. Waiver of Section 73.3573, Note 4. BCI questions ``whether the staff has the authority to waive the automatic downgrade of a station and allow a late-filed license application'' because the ``full Commission specified this [downgrade] procedure'' in the Streamlining Order. Waivers for good cause, however, are well within the staff's delegated authority as established in Sections 0.201 and 0.283 of the Rules. BCI has
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    • of fact warranting further inquiry. Accordingly, IT IS ORDERED, that the Petition to Deny filed by Leonard Watson, treated herein as an informal objection, IS DENIED, and that the Application for a minor modification of the facilities of Station WKZS(FM), Thomasboro, Illinois (File No. BPH-20080108ABK) IS GRANTED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 C.F.R. � 73.3573(g). In accordance with established procedures, Benton-Weatherford certified that it provided local notice of the filing of the Application pursuant to Section 73.3580 of the Commission's Rules (the ``Rules'') and the Bureau published notice in the Federal Register that the Application had been filed. See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License
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    • 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in order to maintain the integrity of the Commission's processes and to ensure that an applicant's gamesmanship does not result in an unfair advantage). See also LRB Broadcasting, Memorandum Opinion and Order, 8 FCC Rcd 3076 (1993). See 47 C.F.R. � 73.3573(b)(3). See HBSPR and Crucian Applications, Questions III(1), III(2), and associated exhibits. HBSPR's 60 dBu contour encompasses 53,234 people, and it claims aggregated first and second NCE service to all 53,234 people. Thus, HBSPR would provide combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
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    • Beach Application. For the reasons set forth above in discussion of the Wellington Application, we find that the Juno Beach Application complies with Section 73.3555(a) of the Rules. Accordingly, we will deny the Petition for Reconsideration in all other respects. ACCEPTABILITY OF THE WELLINGTON AND JUNO BEACH APPLICATIONS 24. The Wellington and Juno Beach Applications were filed pursuant to Section 73.3573(g) of the Rules, which treats an application to modify a station's authorization to specify a new community of license as one for minor modification. Any such application must demonstrate compliance with the Commission's multiple ownership rules and must result in a preferential arrangement of allotments. The applications contained exhibits addressing each of those requirements. As discussed above, the applications comply
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    • by Alaska Educational Radio System, Inc. (``AERS''). AERS seeks reconsideration of a February 5, 2008, letter decision (``Letter Decision'') by the staff of the Audio Division, Media Bureau, dismissing a contingent community of license minor change application for Station KWMD(FM), Kasilof, Alaska (``KWMD(FM)''), from Channel 213A at Kasilof to Channel 214A at Ridgeway, Alaska. Alternatively, AERS requests waiver of Section 73.3573(g)(2) of the Commission's Rules (``Rules''), which requires community of license change proposals to be mutually exclusive with an applicant's currently licensed facilities. For the reasons set forth below, we deny the Petition and the waiver request. We also find AERS apparently liable for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent willful and repeated violations of
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    • ``Application''), as unacceptable for filing. For the reasons set forth below, we deny the Petition. Background. The Application requests a change in Station WCJL(FM)'s community of license from Morgantown, Indiana, to Paragon, Indiana, and to modify its license to reflect this change. The proposed reallotment would provide Paragon with its first local service. The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), which 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. A determination is based on the FM allotment priorities set forth in Revision of FM Assignment Policies and Procedures. The existing arrangement of allotments is compared
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    • has one opportunity to submit a curative amendment and a petition for reconsideration requesting reinstatement nunc pro tunc within 30 days. The amendment must be minor and may not alter the fair distribution preference. See 47 C.F.R. � 73.3522(b)(1). The staff will not reinstate the application of a tentative selectee that is unable to cure all defects.'') 47 C.F.R. � 73.3573 describes major amendments and minor amendments to applications for construction permits for proposed NCE FM stations. Supplement to Informal Objection at 4. See also Amendment at Section VI. 47 C.F.R. � 73.3513(a) (``applications, amendments thereto, and related statements of fact required by the FCC must be signed by . . . an officer, if the applicant is a corporation''). Opposition
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    • those corporations at one time, it is beyond dispute that they gave up that control by June 23, 2008, when the Gomez family resumed de jure legal control of both corporations. Bilingue argues that the facts here are not consistent with those of other cases involving changes of control for which NCE applicants have previously been granted waivers of Section 73.3573 of the Rules and notes that the Commission has dismissed applications that exceed the limit of ten NCE window applications on the basis of de facto control alone. Moreover, even though the board changes pertained to IJRSA and IJRA, and not to IJR, according to the Reply, IJR made a misrepresentation to the Commission in certifying that it had attributable
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    • allotment considerations. We therefore find that the staff's decision is consistent with established Commission precedent We disagree with Hodson's unsupported allegation that the Section 307(b) arguments, among others, in his Motion were not considered. The staff's analysis is not required to be of a minimum length. The Application Dismissal Letter provides the specific grounds for dismissal, i.e., violation of Section 73.3573(g)(1). In any event, we have carefully considered the full record in this case and find no grounds to reinstate the Modification Application. Hodson's claim that as a ``designated entity,'' it is entitled to relief from compliance with the Rules and the Commission's policies under the Regulatory Flexibility Act and Section 257 of the 1996 Act are misguided. The Regulatory Flexibility
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    • Lexington Reallotment R&O is now final, the Application requests a change in Station WMGZ(FM)'s community of license from Eatonton, Georgia, to Washington, Georgia, and modification of its license to reflect this change. The proposed reallotment would provide a first local nighttime transmission service and second competitive transmission service to Washington, under Priority (4). The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), which 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. To effectuate its mandate under Section 307(b) of the Act, the staff compares the existing arrangement of allotments to the proposed arrangement of allotments. A reallotment
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    • Application''), Cumulus requests to change the community of license of Station KRUZ(FM) from Santa Barbara to Goleta, California. No oppositions or informal objections were filed. For the reasons set forth below, we grant the Oak View and Goleta Applications subject to Mexican concurrence on the Oak View Application. Background. The Oak View and Goleta Applications were filed pursuant to Section 73.3573 of the Commission's Rules, which 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. The Oak View and Goleta Applications were also filed pursuant to Section 73.3517(e) which permits FM licensees or permittees to file up to four contingently related applications for
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    • filed applications in the October 2007 NCE FM filing window. Their applications were mutually exclusive (``MX'') with 15 others and were designated NCE MX Group 543. On November 24, 2008, KBOO amended its application (``November 2008 Amendment'') to reflect a greater than 50 percent change in its governing board (``Board''), which is generally considered a ``major change'' prohibited by Section 73.3573 of the Commission's Rules (``Rules''). The November 2008 Amendment asked the Commission to waive the Rule in this case as it did in the 2007 Omnibus Order. Specifically, that Order waived the major change rule for ``similarly situated'' applications that had experienced ``routine and inevitable changes in their boards'' over a very long period during which they were pending due
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    • exist for an FM allotment at Arbutus, and that the current WWIN-FM transmitter site is the only possible site from which to serve Arbutus. Radio 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
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    • the acquisition of attributable interests in media of mass communications, may also cause diminishment or loss of the bidding credit, and must be reported immediately, and no later than five business days after the change occurs. 47 C.F.R. � 1.2105(b)(2). . 47 C.F.R. � 1.2105(a). See Section III.D. ``Upfront Payments - Due February 22, 2012,'' below. See 47 C.F.R. � 73.3573(f)(4). See Section II.J. ``Minor Modifications to Short-Form Applications,'' above. 47 C.F.R. � 1.2105(b); see also Two Way Radio, 14 FCC Rcd at 12035. In no event, however, will the FCC send auction registration materials to anyone other than the contact person listed on the applicant's FCC Form 175 or respond to a request for replacement registration materials from anyone other
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    • Petition and the Second Amendment will serve the public interest because there will be a net gain of 84,136 persons and 19,003 square kilometers in coverage. Discussion. First, although the Second Amendment was previously accepted for filing, we now recognize that it should be dismissed, pursuant to Section 73.3566, as patently not in accordance with the Commission's Rules. While Section 73.3573(a)(i) and (ii) provide that a winning auction bidder's long- form application for a new station may include a minor amendment to change the proposed community of license or to upgrade to an adjacent channel, it does not permit an upgrade in channel class on a non-adjacent channel. On the contrary, Section 73.3573(a) provides that all other changes in a station's
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    • its April 3, 2007, ``long-form'' FCC Form 301 Application, Able proposed to serve Aguila from an antenna site located at the coordinates 33� 49' 53'' North Latitude, 113� 1' 38'' West Longitude. On August 10, 2007, Able amended the Application to upgrade and remove the allotment from Channel 297C2 at Aguila to Channel 297C1 at Tonopah, Arizona, pursuant to Section 73.3573(g) of the Commission's Rules (the ``Rules''), proposing a new transmitter location at the coordinates 33� 49' 04 NL, 113� 16' 18'' WL. Subsequently, Able filed a series of minor amendments to the Application's technical proposal, including a May 5, 2008, amendment specifying service to Tonopah from a location at 33� 48' 5'' NL, 113� 17' 4''WL (the ``May 2008 Site'').
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    • no later than the date of the minor change application). See also Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, Report and Order, 7 FCC Rcd 4917 (1992), recon. granted in part and otherwise denied, Memorandum Opinion and Order, 8 FCC Rcd 4743 (1993). See Needles R&O, at � 13. See 47 C.FR. � 73.3573(f). We recognize that counterproposals may be filed against the Wickenburg Petition's allotment proposals at Ehrenberg, First Mesa, and Kachina Village, because, as rulemaking proposals, they are not cut-off on the day filed. However, these allotment proposals are the same as those in the Williams Petition. Therefore, any counterproposals filed against these proposed allotments in the Williams Petition will also be
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    • Opinion and Order, 8 FCC Rcd 4743 (1993). In this new proceeding, we will entertain counterproposals with respect to the Williams Petition because it is a rulemaking petition. However, the Wickenburg Application is cut-off vis-�-vis any subsequently filed proposals because, as a minor change application, it receives cut-off protection as of the date it is filed. See 47 C.F.R. � 73.3573(f). As a result, counterproposals to the Williams Petition must protect the proposed allotment of Channel 286C0 at Wickenburg, Arizona. (...continued from previous page) (continued....) Federal Communications Commission DA 11-2059 Federal Communications Commission DA 11 -2059 E R V ] � � � D E E � F � � � � � �� E $F:-H
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    • regarding ``each officer, director, five percent or greater stockholder, non-insulated partner, member, and person and entity with attributable interests in'' the Foundation, no ``members'' were identified; the only parties identified were the individuals listed in note 16, supra. Under the Bylaws, then, only the board of directors had authority to oversee the business of the Foundation. See 47 C.F.R. �� 73.3573(a)(1), (b)(3). 47 U.S.C. � 310(b)(3). We find the case of Noe v. F.C.C., 260 F.2d 739 (D.C. Cir. 1958), cert. denied, 359 U.S. 924 (1959), cited by Foundation, to be inapposite. In that case, a competing applicant argued that Loyola University of New Orleans (``Loyola''), which was operated by priests of the Society of Jesus (``Jesuits''), was a representative of
  • http://www.fcc.gov/fcc-bin/audio/DA-12-1004A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-1004A1.pdf
    • Released: June 27, 2012 By the Chief, Audio Division: I. INTRODUCTION 1. The Commission has before it the July 26, 2011, request of Joseph C. Tesiero (``Tesiero''), for waiver of the post-auction Form 301 long-form application filing deadline. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL''), we find that Tesiero apparently willfully violated Sections 73.3573(f)(5)(i) and 73.5005(a) of the Rules by failing to timely file a post-auction Form 301 application. Based upon our review of the facts and circumstances before us, we conclude that Tesiero is apparently liable for a monetary forfeiture in the amount of three thousand dollars ($3,000). We also grant Tesiero's waiver request and have accepted his application for filing. II. BACKGROUND
  • http://www.fcc.gov/fcc-bin/audio/DA-12-20A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-20A1.pdf
    • city of license modification for Station KTIA-FM, Channel 257A from Boone, Iowa, to Johnston, Iowa. Des Moines Community Radio Foundation (``Community Radio''), licensee of Station KFMG-LP, filed an Informal Objection. For the reasons discussed below, we request additional information from Truth Broadcasting regarding the proposed modification of Station KTIA-FM to Johnston, Iowa. Background. The Application was filed pursuant to Section 73.3573(g) of the Commission's Rules, which set forth the requirements for modification of an FM Station license to specify a new community of license without providing an opportunity for competing expressions of interest. Among other requirements, an application for such a minor modification must demonstrate that the proposed change of community constitutes a preferential arrangement of allotments in comparison with its
  • http://www.fcc.gov/fcc-bin/audio/DA-12-326A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-326A1.pdf
    • through the filing of a petition for rule making to amend the FM Table of Allotments or FM broadcast application. In instances where the reclassification involves a petition, amending the FM Table of Allotments in addition to the proposed reclassification of a Class C FM station, the Commission must issue an order to show cause as set forth in Section 73.3573, note 4, of the Rules. In such circumstances, a notice of proposed rule making will be issued only after the reclassification issue has been resolved. 4. A petitioner proposing both Amendment of the FM Table of Allotments and reclassification of a Class C FM station must certify that no alternative channel is available for the proposed service. Petitioner has submitted
  • http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
    • �� 155-61. See 47 C.F.R. �� 1.2107, 73.5005(a). See also Implementation of Section 309(j) of the Communications Act -Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report and Order, FCC 98-194, 13 FCC Rcd 15920, 15984-85 �� 163-64 (1998). See 47 C.F.R. �� 73.5005, 73.5007, 73.5008. See 47 C.F.R. �� 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005, 73.5006(d). See Auction 93 Procedures Public Notice, 26 FCC Rcd at 15522-23 �� 155-61; see also 47 C.F.R. �� 1.2107, 1.2109(a). 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 '' � � � $ F F � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���;
  • http://www.fcc.gov/fcc-bin/audio/DA-12-551A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-551A1.pdf
    • ERP of 100 kilowatts at 300 meters HAAT. The station is below the minimum Class C antenna height requirements of 451 meters HAAT. See 1998 Biennial Regulatory Review-Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 21,649 (2000) (``Second Report and Order''), and Section 1.420(g), n.2, and Section 73.3573, n.4, of the Commission's Rules. See 47 C.F.R. ��1.415 and 1.419. See Certification that Section 603 and 604 of the Regulatory Flexibility Do Not Apply to Rule Making to Amend Sections 73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 46 Fed.Reg. 11549 (February 9, 1981). See 44 U.S.C. 3506(c)(4). Federal Communications Commission DA 12-551 Federal Communications Commission DA 12-551 !
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    • the staff's August 26, 2011, decision denying PSDA's Petition to Deny the application of Northwest Communities Education Center (``NCEC'') for a new noncommercial educational (``NCE'') FM station in Prosser, Washington (``NCEC Application''), granting the NCEC Application, and dismissing PSDA's application for a new NCE FM station in Benton City, Washington (``PSDA Application''); and (2) NCEC's request for waiver of Section 73.3573 of the Commission's Rules (``Rules). For the reasons stated below, we grant the Petition in part, deny NCEC's waiver request, rescind the grant of the NCEC Application, dismiss the NCEC Application, and accept for filing the PSDA Application. Background. As discussed in the Staff Decision, the NCEC Application was identified as the tentative selectee of NCE MX Group 443. PSDA
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    • demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: � 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application
  • http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
    • digital exciters and digital-compatible transmitters. How should these rule changes be coordinated with other service rule changes possible in this proceeding? Licensing and Forms Under Section 73.1695 of the Commission's rules, the Commission considers the question of whether a proposed change or modification of a transmission standard for a broadcast station would be in the public interest. Sections 73.3571 and 73.3573 of the Commission's rules discuss the processing of AM and FM broadcast station applications, respectively. We seek comment on what, if anything, the Commission should do to amend or replace these rules in the context of DAB. Section 73.3500 of the Commission's rules lists the applications and report forms that must be filed by an actual or potential broadcast licensee
  • http://www.fcc.gov/fcc-bin/audio/FCC-05-10A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-10A1.pdf
    • international broadcasting stations; low power TV stations; TV and FM translator stations; TV boosters stations; and FM boosters stations. The local public notice must be completed within 30 days of the tendering of the application. In the event the FCC notifies the applicant that a major change is involved, requiring the applicant to file public notice pursuant to ��73.3571, 73.3572, 73.3573 or 73.3578, this filing notice shall be given in a newspaper following this notification. 23. Section � 73.3580(f) is revised to read as follows: (f) The notice required by paragraphs (c) and (d) of this section shall contain, when applicable, the following information, except as otherwise provided in paragraph (d) of this section in regard to renewal applications and applications
  • http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
    • Allocations Third Report, 40 F.C.C. at 758. Modification of FM Broadcast Station Rules to Increase the Availability of Commercial FM Broadcast Assignments, 94 F.C.C.2d 152 (1983), recon. granted in part, 97 F.C.C.2d 279 (1984). Public Notice, ``Consumer and Governmental Affairs Bureau - Reference Information Center Petition for Rulemaking Filed,'' Report No. 2657 (CGB Apr. 22, 2004). 47 C.F.R. �� 73.3571(a)(1), 73.3573(a)(1). 1998 Biennial Regulatory Review - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 14 FCC Rcd 5272, 5278 (1999) (``Tech I''). Unlike minor changes, major change applications are subject to a number of statutory requirements. These include providing both a thirty-day public notice period following the acceptance of a major change application and the
  • http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
    • conditions are met: (1) There is no other timely filed expression of interest, or (2) If another interest in the proposed channel is timely filed, an additional equivalent class of channel is also allotted, assigned or available for application. ***** Note: The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to Sec. 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to
  • http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
    • four years. We continue to believe it would be unreasonable to penalize Iowa State, HAC, and other similarly situated NCE applicants for routine and inevitable changes in their boards or other governing bodies, over the substantially longer period that the Commission was unable to act on their applications due to pending NCE rulemaking and judicial proceedings. Therefore, we waive Section 73.3573 with respect to the change in the governing bodies of these applicants and others, as noted in the ordering clauses and Appendix to this Order. The staff, as part of its fair distribution analysis, is likely to encounter pending NCE applicants that have experienced gradual ownership changes over long periods and not as an outgrowth of the party's desire to
  • http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.pdf
    • 10 FCC Rcd 13068, 13069 (1995)). See 47 C.F.R. � 1.46(c). Id. at � 1.46(a). See 47 C.F.R. � 1.46. See also 47 C.F.R. �� 1.115(d) and 1.4(b). See Hillebrand Broadcasting, Inc., Order, 1 FCC Rcd 419, 420 n.6 (1986). Prosecution of an application includes timely compliance with both procedural and substantive rules. Id. at 419. See 47 C.F.R. � 73.3573. Compare MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 35 n.2 (1991) (consideration of application for review filed 10 days late where no party would be prejudiced); Noble Syndications, Inc., Memorandum Opinion and Order, 74 FCC2d 124, 128-29 (1979) (consideration of opposition filed 9 days late where no party would be prejudiced). February Substantive Petition at 1-3. See
  • http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.pdf
    • Caledonia (Exhibit B). Family retained Francisco Depousior to provide accountancy services in connection with In re Family Broadcasting, Inc., U.S. Bankruptcy Case Number 105-00004 pending in the U.S. Bankruptcy Court for the District of the Virgin Islands. Second Thursday, 22 FCC 2d at 516. LaRose, 494 F.2d at 1150. 47 C.F.R. �� 73.3571(h)(processing of new and major AM broadcast station applications);73.3573(f)(2) (processing of non-reserved FM broadcast station applications). Second Thursday, 25 FCC 2d at � 7 (resumption of AM service and commencement of FM service cited as public interest consideration which, along with substantial equities in favor of innocent creditors, were found to outweigh any indirect benefits to possible wrongdoers); Public Service Enterprises, Inc., 69 FCC 2d 967 (1978) (noting obvious
  • http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
    • published in the Federal Register. APPENDIX B Comments and Reply Comments Filed in Response to Second FNPRM Comments Native Public Media / National Congress of American Indians Gila River Telecommunications, Inc. Reply Comments Gila River Telecommunications, Inc. APPENDIX C Final Rules Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Section 73.3573 is amended by adding new paragraph (f)(6) and adding new Note 5, to read as follows: � 73.3573 Processing FM broadcast station applications. * * * * * (f) * * * (6)(i) When a non-reserved channel FM allotment is added to the Table of FM Allotments using the Tribal Priority described in Note 5 to this section, the FCC
  • http://www.fcc.gov/fcc-bin/audio/FCC-11-72A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-72A1.pdf
    • declarations that the Station's engineer initiated program tests in accordance with the Construction Permit at approximately 9:30 p.m. on June 12, 2005. The Bureau also found that its sua sponte waiver of Section 73.3598(e) was consistent with the Streamlining Order and long-standing Commission precedent. The Bureau also assumed without explanation that the staff action required an implicit waiver of Section 73.3573, Note 4, and upheld this action as well. Accordingly the Bureau found that the BCI Application was unacceptable for filing pursuant to the Commission's cut-off rules and dismissed it. 7. On April 17, 2008, BCI filed its Application for Review. BCI argues that the Bureau's sua sponte waiver of the automatic expiration provision of Section 73.3598(e) of the Rules changes
  • http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/90-374.pdf
    • Sinclairclaimsthatinmetropolitanareasotherreception serviceswillremainavailabletotheoriginalcommunity oflicense. 7.Inreply.BrantleyagreeswithSinclairthattherestriction onremovalofsolelocaltransmissionservice contradictstheCommission'spolicyofmaximumutilization ofthespectrum.BrantleyarguesthatNAB'sfearofa massmigrationofstationsfromruraltourbancommu- nitiesisunfounded,andthatNABseekstorestrictthe Commissionfromexercisinganyversatilityunderthis procedure.BrantleyclaimsthatNABfailstoconsiderthat minimumdistanceseparationrequirements'willprevent moststationsfromrelocatingtheirantennasitestourban areas. 8.WordofGodsupportsSinclair'spetitionforreconsideration .claimingthattheCommissionadopteditsre- strictiononremovalofsolelocalbroadcastservice withoutadequatenoticeandopportunityforcomment. WordofGodarguesthatifthesolelocalbroadcastservice limitationisretained,theCommissionshouldexempt unbuiltfacilitiesfromthelimitation.WordofGodclaims thatthisexemptionisjustifiedbecauseanunbuiltfacility FederalCommunicationsCommissionRecord FCC90-374 cannotbeconsideredtoprovideexistingservicetoa community.ItarguesthattheCommissionshouldconsider inthecaseofunbuiltfacilitieswhetherotherchannels inthesameserviceareaareavailabletothe community,eitherasallottedbutunassignedchannelsor throughapetitionforrulemaking,andtheextentto whichthecommunitycouldreceiveservicefromthe unbuiltfacilityifitmoved.WordofGodclaimsthatthe Commissionshouldbaseitsevaluationonthetotalityof serviceimprovementsavailable. 9.KudzualsosupportsSinclair'spetitionforreconsideration .Kudzuclaimsthatdeletingtherestrictionon removalofsolelocaltransmissionservicewouldbeconsistent withotherCommissionrules,suchasthemain studiorule,thataredesignedtoenhancelicenseeflexibility . 10.Initspetitionforreconsideration.Harronargues thattheCommissionshouldnotlimittheuseoftherule toinstancesinwhichalicenseefilesarulemakingpetition andasimultaneousrequestformodificationoflicense .Harronnotesthatthisrequirementprohibitsuseof theprocedurebyatelevisionlicenseeseekingtoreassign tothecommunityspecifiedintheTelevisionTableof Allotmentsachannellicensedtoanothercommunitypursuant totheCommission'sformer"15mile"rule.8 Harronbelievesthatforcingtheselicenseestofileamajor changeapplicationvirtuallyguaranteesthatserviceimprovements bythatstationwillnotoccur.Harronargues thatthisprocedurecreatesanartificialdistinctionbetween twogroupsoflicenseesinwhichtheCommission treatsamodificationoflicensetospecifyacommunity addedbyanamendmenttotheTableofAllotmentsasa minorchange,whereasamodificationoflicensetospecify thecommunitylistedintheTelevisionTableofAllotments isclassifiedasamajorchangeandsubjectto competingapplications.HarronproposesthattheCommission amendSection73.3573(a)(1)ofitsrulesto reclassifyasaminorchangeanapplicationformodification oflicenseinwhichalicenseeseekstoreassigna channeltoitsallottedcommunity.' DISCUSSION 11.Section307(b).WithrespecttoNAB'srequestto stateinthetextofCommissionrule1.430(1)thattherule canonlyheusedtofurtherthegoalsofSection307(b). webelieveitisaxiomaticthatourallotmentprioritiesand policiesareandshouldbeappliedconsistentwithandin furtheranceofthegoalsofSection307(b)oftheAct.As westatedintheR&O.proposalsfiledpursuanttothe newrulewillbeexaminedinlightofourlongstanding allotmentprioritiesandpolicies.andmustadvancethe prioritiesinordertobegranted.Althoughwedidnot specificallystateintheR&Othattheseprioritiesand policieswereadoptedandhavebeenappliedconsistent withandinordertoadvancethegoalsofSection307(b), thatpropositionisamplyevidentfromthedocuments adoptingandapplyingtheprioritiesandpolicies.Toinsure thatourintentisclear,however.weherebystate unequivocallythatSection1.430(1)wasadoptedtofurther theCommission'slongstandingpursuitofthegoals underlyingSection307(b)oftheAct.andthat.any changesintheFMandTVTablesofAllotmentsmustbe consistentwiththosegoals.Furthermore.wetakethis opportunitytoclarifyandexpandupontheR&O.In doingso.weaddresstheNAB'sspecificconcernsthatthe FCC90-374 flexibilityinherentintheCommission's"residual"allotment priorityof"otherpublicinterestmatters"willlead toresultsinconsistentwithSection307(b),andthatthe newprocedurecouldresultinthemigrationofstations fromruraltourbanareas.contrarytotheintentofSection 307(b).Therefore,wedonotbelieveitnecessaryto specificallyincorporatestatutoryprovisionsintherule. Notonlyissuchareferenceunnecessary,butincludingit inonlyoneofthemanyruleswhichcarryoutthe objectivesofSection307(b)couldleadtoconfusionand needlessquibblingovertheobjectivesofotherrules. 12.WithrespecttotheNAB'sconcernthatthe"other publicinterestmatters"categoryofourFMandTVallotment prioritiesmayprovidetoomuchflexibilitytolicensees andpermitteesseekingchangesofcommunity,it appearsthattheNABisconcernedthatifaproposaldoes notimplicatehigherprioritiessuchasfirstreceptionservice orfirstlocalservice,itwillautomaticallybeapproved .Wewishtodispelanysuchconcern.Consistent withlongstandingpracticeapplyingtheseresidualcategories, iftheCommissionispresentedwithconflicting options.suchastheoptionofretainingtheexistingarrangement ofallotmentsoradoptinganewarrangement ofallotments,itwilladopttheproposalwhichbestdischarges theCommission'sstatutorymandate.Amongother factorsrelevantpursuanttoSection307(b).the Commissionconsidersundertheseresidualcategoriesthe locationoftheproposedallotmentwithrespecttoother communities.andtheavailabilityofotherservicesinthe communitiesaffectedbytheproposedchange.Under thesecircumstances,itisproperfortheCommissionto considerwhetheraproposalwouldresultinshiftingof
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    • other comments on this subject, we do not believe it would be in the public interest to eliminate this information from the license application at this time. 75. 50% Change in Area Constitutes A Major Change for FM Noncommercial Educational Stations - Comments. KSBJ Educational Broadcasting Foundation ("KSBJ") has proposed that we examine whether a revision to 47 C.F.R. Section 73.3573(a) is warranted regarding the major change application definition for existing noncommercial educational FM stations. Presently, any technical change which would result in a change of more than 50% in the 1 mV/m (60 dBu) service area of a noncommercial educational FM station is defined as a major change, necessitating the release of a public notice establishing a cut off date
  • http://www.fcc.gov/mb/audio/bickel/amfmrule.html
    • [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [672]TEXT [673]PDF 73.3580 Local public notice of filing of broadcast applications. [674]TEXT [675]PDF 73.3584 Procedure for filing petitions to deny. [676]TEXT [677]PDF 73.3587 Procedure for filing informal objections. [678]TEXT [679]PDF 73.3588 Dismissal of
  • http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
    • [608]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [609]TEXT [610]PDF 73.3564 Acceptance of applications. [611]TEXT [612]PDF 73.3566 Defective applications. [613]TEXT [614]PDF 73.3568 Dismissal of applications. [615]TEXT [616]PDF 73.3571 Processing of AM broadcast station applications. [617]TEXT [618]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications. [623]TEXT [624]PDF 73.3578 Amendments to applications for renewal, assignment or transfer of control. [625]TEXT [626]PDF 73.3580 Local public notice of filing of broadcast applications. [627]TEXT [628]PDF 73.3584 Procedure for filing petitions to deny. [629]TEXT [630]PDF 73.3587 Procedure for filing informal objections. [631]TEXT [632]PDF 73.3588 Dismissal of
  • http://www.fcc.gov/ogc/documents/opinions/1996/oregon.html http://www.fcc.gov/ogc/documents/opinions/1996/oregon.wp
    • Commission accepts an application for filing, then the agency must issue a public notice (known as the "A" cut-off list) naming the applicant(s) accepted for filing and announcing a date not less than 30 days after the publication of the notice by which all mutually exclusive applications and petitions seeking to deny the listed application(s) must be filed. 47 C.F.R. 73.3573(e). Any competing applications filed before the "A" list cut-off date are noted in a "B" cut-off list. The "B" cut-off list contains the deadline for the filing of all petitions to deny "B" list application(s). Id. When the "B" cut-off deadline has passed, the "A" and "B" list applications are set down for a single comparative hearing. In this case,
  • http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.html http://www.fcc.gov/ogc/documents/opinions/1998/dunifer.wp
    • licensing schemes that act as a censorship system. See id., at 228-229. Because the Class D regulations do not act as a censorship system, only the first two Freedman safeguards are required. The FCC regulatory scheme sets forth adequate procedures for processing applications for a license and requests for a waiver, thus fulfilling the first Freedman requirement. See 47 C.F.R. 73.3573 (providing procedures for processing FM broadcast station applications); 47 C.F.R. 1.3 (waiver provision). By statute, a denial of an application for a license or request for a waiver is appealable to the Court of Appeals for the District of Columbia, fulfilling the second Freedman requirement. See 47 U.S.C. 402(b)(1). Moreover, any party may submit a petition for the issuance, amendment
  • http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.html http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.wp
    • newly filed as of the date of the filing of the amendment. 47 C.F.R. 1.918(b); see also 47 C.F.R. 90.165(d)(1) (1997). EEC cites to a number of scattered provisions, many of which do not involve private radio services, to make the point that a change in frequency constitutes a substantial amendment to an application. See 47 C.F.R. 1.962(c)(1), 73.3571(a)(1), 73.3572(a)(1)(i), 73.3573(a)(1), 74.911(a)(1), 74.1233(a)(1); see also 22.123(e)(6), 90.164(a), 90.165(d) (1997). EEC concludes from these provisions that PCIA's changes to PageMart's applications amounted to substantial amendments, which moved PageMart's applications to the end of the queue and thus behind the application submitted by EEC. Like the argument about the signature requirement, this argument fails because the rules cited by EEC apply to applications
  • http://www.fcc.gov/ogc/documents/opinions/1999/98-1478.html
    • of the application for hearing and the mailing of the HDO: In addition to announcing the acceptance of mutually exclusive applications and establishing a date for the filing of petitions to deny such applications, the public notice ... will also announce the date on which all mutually exclusive applicants will be required to pay the hearing fee. 47 C.F.R. ' 73.3573(g)(2)(i). The new rule makes no provision for personal notice to the applicant of the deadline for paying the fee. The practical effect of the 1990 rule is that once one files an application with the Commission, one must monitor the Commission's public notices in order to determine when one's application has been accepted for filing and whether a mutually exclusive