FCC Web Documents citing 73.24

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-99-118A1.pdf
  • I.Inthe ReportandOrderlinthisproceeding;weamendedourrulesregardingthemainstudio andlocalpublicinspectionfileforbroadcaststations.Indoingso,ourgoalsweretwofold:tostrikean appropriatebalancebetweenensuringthatthepublichasreasonableaccesstoeachstation'smainstudio andpublicfilewhileminimizingregulatoryburdensonlicensees,andtoadoptclearrulesthatareeasy toadministerandunderstand.2Consistentwiththesegoals,weprovidedbroadcastlicenseesadditional flexibilityinlocatingtheirmainstudios,requiredthecollocationofpublicfilesandmainstudios,and clarifiedandupdatedourrulesregardingtherequiredcontentsofthepublicinspectionfiles.Inaddition, weadoptedanaccommodationthatrequiresstationstomakeavailable,bymailupontelephonerequest, photocopiesofdocumentsinthepublicfile,includingourrevisedversionof"ThePublicand Broadcasting." 2.Wehavereceivedfivepartialorlimitedpetitionsforreconsiderationofthe ReportandOrder SeeReportandOrder inMMDocket97-138,13FCCRed15691(1998). SeeNoticeofProposedRuleMaking in MMDocket97-138,12FCCRed6993,6999(1997). 11113 FederalCommunicationsCommission FCC99-118 inthisproceedingandoneoppositiontothepetitionsforreconsideration.3Inresponsetothesepetitions forreconsideration,wetakethisopportunitytoaffirm,revise,orclarifycertainofouractions.Wewill modifytherolesbyamendingthescopeoftheaccommodationandbyrevisingslightlyandclarifyingthe documentretentionrequirements.Wealsoaddressotherrequestedchanges. n.ISSUEANALYSIS A.Accommodation 3.Background.PriortotheissuanceoftheReportandOrderinthisproceeding,abroadcast licenseecouldlocateitsmainstudiooutside communityoflicenseprovideditfellwithinthestation's principalcommunitycontour.4Underthepreviousrule,alicenseewasrequiredtomaintainitspublic filewithinthecommunityoflicense,eitheratthemainstudio,ifthemainstudiowaswithinthe community,oratanotheraccessiblelocationinthecommunity,ifthemainstudiowaslocatedoutsidethe community.5 4.Inthe ReportandOrder,weamendedSection73.1125ofourrulestoallowastationtolocate itsmainstudioatanylocationthatiswithineithertheprincipalcommunitycontourofanystation,ofany service,licensedtoitscommunityoflicense'or25milesfromthereferencecoordinatesofthecenterof itscommunityoflicense,whicheveritchooses.WealsoamendedSections73.3526and73.3527ofour rolestorequireallstationstolocatetheirpublicfiles,whichincludetheirpoliticalfiles,attheirmain studios.Becausetheserulechangescouldresultinastation'spublicfilebeinglocatedagreaterdistance fromitscommunityoflicensethanpreviouslypermitted,asanaccommodation,wealsoamendedSections 73.3526and73.3527torequireallstationstomakeavailable,bymailupontelephonerequest,6 photocopiesofdocumentsinthepublicandpoliticalfile..Asadopted,therulescontinuetoprovidethat NationalAssociationofBroadcasters("NAB")andCornerstoneBroadcastingCorporationsubmitted PetitionsforPartialReconsiderationandClarification.16NamedStateBroadcasters'Associations("State Broadcasters"),23NamedPublicBroadcasters("PublicBroadcasterslt),andAmerica'sPublicTelevisionStations (ltAPTSIt)eachfiledPetitionsforPartialReconsideration.Eachofthesepetitionsaddressesspecificaspectsofthe ReportandOrder.AnOppositiontoPetitionsforReconsiderationwasfiledjointlybyOfficeofCommunication oftheUnitedChurchofChrist,MediaAccessProject,CenterforMediaEducation,andMinorityMediaand TelecommunicationsCouncil("MAPetal.,It).CedarvilleCollegefiledaPetitionforClarificationorDeclaratory Ruling.NABandStateBroadcastersfiledresponsivepleadings.Infonnally,HansonCommunicationsfileda letterinsupportofNAB'spetition,andHammettandEdisonsubmittedaletterregardingatechnicalmatter addressedbelow. 4 SeeReportandOrder,AmendmentofMainStudioandProgramOriginationRulesforRadioand TelevisionandRadioBroadcastStations,2FCCRed3215(1987)(ltMainStudioandProgramOrigination ReportandOrder").Theprincipalcommunitycontour(5mV/mforAMradio,3.16mV/mforFMradioand city-gradeforTV)mustencompasstheentirecommunityoflicense,butoftenextendsbeyondthoselimits in somedirections.See47CFR§§73.24(i),73.315(a),73.685. See2FCCRcd3215(1987). 6 TheCommission'srulesrequirestationstoprovidelocalortoll-freetelephoneservicetotheir communitiesoflicense.See47C.F.R.§73.1125(c). 11114 FederalCommunicationsCommission FCC99-118 thestation'mayrequirethepersonrequestingthecopiestopaythereasonablecostofphotocopyingin advanceandrequirethestationtopaypostage.Tofacilitaterequestsforpublicfiledocumentsoverthe telephone,thenewrulesalsorequirestationstoprovidecallers,iftheywishtoreceiveone.acopyofthe neweditionof"ThePublicandBroadcasting"freeofcharge.Wedidnotamendtherequirements regardingprogramoriginationcapability,staff.presenceortoll-freeservice. 5.RepealorModifytheAccommodation.StateBroadcastersarguethatsomeofthenewly adoptedprovisionsareundulyburdensomeandshouldbesubstantiallymodifiedordeleted.State Broadcastersspecificallypointtoseveralaspectsoftheaccommodationinsupportofthisargument.7State Broadcastersalsoarguethatthenewrequirements willplacestationsatincreasedriskofdefending complaintsduetoanincreasedlikelihoodofconfusion.andmisunderstandings,andwillinundatethe Commissionwithcomplaintsresultinginlargeforfeitures.8 6.StateBroadcastersalsoclaimthattheAdministrativeProcedureAct("APA"),9thePapelWork ReductionAct("PRA,,)IOandtheRegulatoryFlexibilityAct("RFA")11bartheCommissionfromlawfully adoptinganyofthenewrequirements.12Theyarguethattherequirementthatthenewaccommodation applytoallbrcadcasterswithoutexemptionforthosewhodonotseektorelocatetheirmainstudiosor publicfilesmakesthenewrequirements"fatallyoverbroad"undertheAPA.13Theyalsoclaimthatthe PRAwillbeviolatedbecausetheadditionalpaperworkthatwillresultfromthe"orderlyimplementation" ofthenewrequirementsundertheaccommodationwillsubstantiallyincrease,ratherthanreduce, broadcasterpaperworkburdens.14Finally,theyclaimthattheburdensofthe."newrequirements"will violatetheRFA,againbecausetheydonotprovideanexemptionforanybroadcasters,particularlythose 7 StateBroadcastersinterprettheaccommodationtohaveresultedinthefollOWing"newrequirements" thatstations: (1)maintainenoughtrainedstafftofieldtelephonecallsthroughoutthebusinessdayfrom. unlimitednumberofpeople,irrespectiveoftheirlocationorpurpose,abouttheorganization andcontentsofthestation'spublicandpoliticalfiles; .(2)utilizetheirstafftoduplicatethecontentsofthosefiles,andtopackage,label,andmailthe requestedcontents;and (3)absorbthecostforsuchpostageandhandlingirrespectiveofthesizeandweightofthe contents,thefrequencyofthemailings,etc. /d.at3-5. 9 10 5U.S.C.§551 etseq. 44U.S.C.§§3501 etseq.Seealso5C.F.R.§1320etseq.(OMB'simplementingrules). II 5U.S.C.§601 etseq.asamendedbyPubL.No.104-121,110Stat.§47(1996)(ContractWithAmerica AdvancementAct). 12 13 14 StateBroadcasters'Petitionat3. ld ldat4. 11115 FederalCommunicationsCommission FCC99-118 whochoosenottorelocatetheirpublicfiles.15Notinghowtheybelievetheaccommodationprovisions willparticularlyaffectsmallbroadcasters,theyallegethattheCommissionhasnotlimitedtheregulatory
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  • 64862 (Dec. 12, 1991); 57 Fed. Reg. 11689 (April 7, 1992). Prior to April 19, 1992, we considered two AM proposals to be mutually exclusive if the first station entered and raised the 50 percent nighttime RSS limit of the other to the extent that the second station could not comply with the city coverage requirement of 47 C.F.R. § 73.24(i). See, e.g., Ashbacker v. FCC, 326 U.S. 327, 328, 330 (1945); In the Matter of Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations from Mediaone Group, Inc., Transferor, to AT&T Corp. Transferee, Memorandum Opinion and Order, 15 FCC Rcd 9816, 9893 (2000); Brainerd Broadcasting Co., 38 FCC 1195, 1197 (1965); Empire State Broadcasting Corporation,
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  • the community of Cooper. We acknowledge that this reallotment will remove the only FM station from Greenville but will not remove the sole local service as Greenville will continue to receive local service from Station KGVL(AM). In response to concerns over adequate service from Station KGVL(AM), a staff engineering analysis has determined that Station KGVL(AM) operates in compliance with Section 73.24(i) of the Commission's Rules which requires that the daytime 5 mV/m contour encompasses the entire principal community and that 80% of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. For purposes of Section 307(b) comparisons under the FM allotment priorities, an AM station as well as a day-time
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  • the filing of long form applications upon good cause showing). Effective August 10, 2004, this fee is $3,310.00. See schedule of charges at 47 C.F.R. § 1.1104. Method and form of payment is addressed in 47 C.F.R. §§ 1.1109 and 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See 47 C.F.R. §§ 73.24, 73.37, and 73.182. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, singleton applicants filing FCC Form 301 applications may modify the technical proposals specified in their tech box proposal. However, such singleton applicants may not specify in the FCC Form 301 application a change in the proposed facility that constitutes a
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  • for the filing of long form applications upon good cause showing). Effective August 10, 2004, this fee is $3,310.00. See schedule of charges at 47 C.F.R. § 1.1104. Method and form of payment is addressed in 47 C.F.R. §§ 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See 47 C.F.R. §§ 73.24, 73.37, and 73.182. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, singleton applicants filing FCC Form 301 applications may change the technical proposals specified in their previous filing. However, such singleton applicants may not specify in the FCC Form 301 application a change in the proposed facility that constitutes a major
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  • Form 301 application on April 26, 2002. In response to staff deficiency letters regarding its full Form 301 application, TELNS filed amendments addressing technical deficiencies and typographical errors. We dismiss Ingles's challenge to those amendments as premature. For the same reasons, we dismiss Ingles's Petition to Deny to the extent that she argues that TELNS's original auction application violates Sections 73.24(i) and 73.182 of our rules. As we pointed out in the Reconsideration Decision, our pre-auction application analysis is limited to identifying those applications that are mutually exclusive to one another, and not to perform acceptability or grantability analyses. Such challenges should properly be made once the winning auction bidder files its full Form 301 application. Real party in interest allegations:
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  • for the filing of long form applications upon good cause showing). Effective August 10, 2004, this fee is $3,310.00. See schedule of charges at 47 C.F.R. § 1.1104. Method and form of payment is addressed in 47 C.F.R. §§ 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See 47 C.F.R. §§ 73.24, 73.37, and 73.182. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, singleton applicants filing FCC Form 301 applications may change the technical proposals specified in their previous filing. However, such singleton applicants may not specify in the FCC Form 301 application a change in the proposed facility that constitutes a major
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  • proposed Uncasville station, increasing the power, and asserting that the staff's interpretation of the provisions of 73.37(a) concerning Class C AM stations was incorrect. Upon review of the amended application, we find that despite the applicant's repeated attempts to cure the application's multiple deficiencies, the amended proposal fails to provide the minimum principal community coverage at night required by Section 73.24(i). Uncasville is an unincorporated community, the boundaries of which are not available through the U.S. Census Bureau. However, the boundaries of Uncasville shown in Ridgefield's amended application were supplied by the applicant's technical consultant, and were the basis for our evaluation. The applicant's map entitled ``5 mV/m and 25.46 mV/m Principal Community Contours,'' which was prepared by Mueller Broadcast Design,
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  • period for the filing of long form applications upon good cause showing). Effective October 17, 2006, this fee is $3,565.00. See schedule of charges at 47 C.F.R. § 1.1104. Method and form of payment is addressed in 47 C.F.R. §§ 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC 301 instructions. See 47 C.F.R. §§ 73.24, 73.37, and 73.182. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, singleton applicants filing FCC 301 applications may change the technical proposals specified in their previous filing. However, such singleton applicants may not specify in the FCC 301 application a change in the proposed facility that constitutes a major change from
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  • staff sent RW a letter outlining various technical deficiencies in the Application, giving RW the opportunity to amend its application within 30 days of the letter. RW requested and received an additional 120 days in which to file its amended Application, and subsequently filed an amendment on October 20, 2005. In its October amendment, RW requested a waiver of Section 73.24(i) of the Commission's Rules, which requires an AM station to provide nighttime interference-free (``NIF'') or nighttime 5 mV/m signal coverage to 80 percent of the community of license. In a letter to RW dated February 2, 2006, the staff found RW's waiver request to be incomplete, pointed out further deficiencies in the amended Application, and withheld further action on the
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  • for the proposed towers ``to satisfy local zoning and/or community concerns'' but that such consideration is premature at this stage in the application process. KM also states that its application is ``categorically excluded from environmental processing and the requirement to conduct an environmental assessment . . . .'' Additionally, KM's long form application contains a request for waiver of Section 73.24(g) of the Commission's Rules (the ``Rules'') because the population within the proposed 1V/m blanketing contour is three percent of the population within in the proposed 25 mV/m contour, contrary to the limitation of one percent or less required by Section 73.24(g) of the Rules. Discussion. Informal Objection. An applicant seeking a new broadcast facility must possess ``reasonable assurance'' of the
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  • Entercom has shown that it must relocate the Station's nighttime facilities. After an exhaustive search for a new site, Entercom determined that the ``best option available'' was to co-locate the Station's daytime and nighttime facilities, despite having to reduce nighttime power to comply with the Rules. Entercom acknowledges that it cannot meet the nighttime city coverage requirements contained in Section 73.24(i) of the Rules, and thus proposed a new community of license, West Sacramento, in the Application. The net loss of NIF service is not decisional because Sacramento retains ample local service, and the nighttime ``loss area'' created by the relocation of KCTC(AM)'s nighttime facilities is well-served by other stations. Conclusion/Actions. Accordingly, it is ORDERED, that the Informal Objection of D.
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  • potential listeners reside within the town site of Beatty instead of the entire Beatty census designated boundary which is mostly rural and unpopulated. Additionally, Petitioner notes that the Commission has determined that a 5mV/m contour signal which encompass the entire town site of Beatty instead of the census designated boundary was acceptable for city-grade coverage requirements in accordance with Section 73.24(l) of the Rules when it granted a new construction permit for Station KDAN(AM), Beatty, Nevada, File No. BNP-20041029AGC. See 47 C.F.R. § 73.24(l). As such, Petitioner argues that similarly situated applicants must receive equal treatment. Citing Green County Mobilephone, Inc. v. FCC, 765 65 F. 2d 235 (D.C. Cir. 1985) and New Orleans Channel 20, Inc., 830 F. 2d 361,366
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  • Request for Waiver (``Petition'') filed by Rivers, L.P. (``Rivers'') on July 6, 2007. Petitioner seeks reconsideration of the staff's June 6, 2007, letter decision (``Staff Decision''), in which the staff denied Rivers's proposed amendment to its AM Auction No. 84 (``Auction 84'') application for a new AM broadcast station at Jackson, Mississippi. In the alternative, Rivers seeks waiver of Section 73.24(i) of the Commission's Rules. For the reasons set forth below, we deny the Petition and the waiver request. Background. Rivers filed a short-form (FCC Form 175) application on January 30, 2004, during the Auction 84 filing window. It was determined to be a ``singleton,'' that is, an application not mutually exclusive with any other window-filed application. Accordingly, the staff directed
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  • of only 26 square miles to the west of Fenton in which it could provide the required NIF community of license coverage. We initially note that Birach has failed to specify the methodology it used to define the potential relocation area. While we agree that the NIF contour is a primary limiting factor in identifying a suitable transmitter site, Section 73.24(i) of the Rules requires only 80 percent coverage of the community of license. Birach's assumption, therefore, is unnecessarily restrictive, as an 80 percent coverage requirement would appreciably expand the potential relocation area. In fact, applying an 80 percent coverage standard, the staff has identified a substantially larger area suitable for relocation. In addition, Birach fails to give good reason for
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  • 7.77 Montana 148,356 4,566,748 30.78 3,531,763 23.81 1,034,985 6.98 Nebraska 285,542 7,718,907 27.03 6,467,896 22.65 1,251,011 4.38 Nevada 385,401 4,037,790 10.48 2,748,042 7.13 1,289,748 3.35 New Hampshire 207,417 2,287,184 11.03 1,522,684 7.34 764,500 3.69 New Jersey 1,380,753 46,853,107 33.93 30,463,152 22.06 16,389,955 11.87 New Mexico 323,066 36,177,277 111.98 20,071,900 62.13 16,105,377 49.85 New York 2,864,775 353,913,290 123.54 144,104,840 50.30 209,808,450 73.24 North Carolina 1,360,209 43,170,117 31.74 33,422,437 24.57 9,747,680 7.17 North Dakota 102,233 4,205,210 41.13 3,652,734 35.73 552,476 5.40 Northern Mariana Is. 11,244 1,988,801 176.88 1,365,801 121.47 623,000 55.41 Ohio 1,845,428 64,462,753 34.93 49,690,885 26.93 14,771,868 8.00 Oklahoma 626,160 51,931,711 82.94 38,508,307 61.50 13,423,404 21.44 Oregon 551,273 15,092,021 27.38 10,791,509 19.58 4,300,512 7.80 Pennsylvania 1,821,146 78,057,666 42.86 56,024,460 30.76 22,033,206 12.10
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  • 7.77 Montana 148,356 4,566,748 30.78 3,531,763 23.81 1,034,985 6.98 Nebraska 285,542 7,718,907 27.03 6,467,896 22.65 1,251,011 4.38 Nevada 385,401 4,037,790 10.48 2,748,042 7.13 1,289,748 3.35 New Hampshire 207,417 2,287,184 11.03 1,522,684 7.34 764,500 3.69 New Jersey 1,380,753 46,853,107 33.93 30,463,152 22.06 16,389,955 11.87 New Mexico 323,066 36,177,277 111.98 20,071,900 62.13 16,105,377 49.85 New York 2,864,775 353,913,290 123.54 144,104,840 50.30 209,808,450 73.24 North Carolina 1,360,209 43,170,117 31.74 33,422,437 24.57 9,747,680 7.17 North Dakota 102,233 4,205,210 41.13 3,652,734 35.73 552,476 5.40 Northern Mariana Is. 11,244 1,988,801 176.88 1,365,801 121.47 623,000 55.41 Ohio 1,845,428 64,462,753 34.93 49,690,885 26.93 14,771,868 8.00 Oklahoma 626,160 51,931,711 82.94 38,508,307 61.50 13,423,404 21.44 Oregon 551,273 15,092,021 27.38 10,791,509 19.58 4,300,512 7.80 Pennsylvania 1,821,146 78,057,666 42.86 56,024,460 30.76 22,033,206 12.10
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  • - 14500.0000 MHz 36M0F8W 0.00 dBW 11700.0000 - 12200.0000 MHz Points of Communication: 1 - ALSAT - (ALSAT) E860003 SES-RWL-20070524-00721E Date Effective: 06/01/2007 Class of Station: Temporary Fixed Earth Station Grant of Authority 06/19/2007 - 06/19/2022 Renewal WTAE Hearst-Argyle Television, Inc. Nature of Service:Domestic Fixed Satellite Service SITE ID: 1 VARIOUS LOCATION: ANDREW CORPORATION 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 73.24 dBW ANALOG VIDEO WITH ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 36M0F8F 70.24 dBW ANALOG VIDEO WITH ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 24M0F8F 65.10 dBW PSK DIGITAL VIDEO WITH DIGITAL AUDIO/DATA 14000.0000 - 14500.0000 MHz 24M0G7F Page 15 of 21 Points of Communication: 1 - ALSAT - (ALSAT) E970282 SES-RWL-20070525-00726E Date Effective: 06/01/2007 Class of Station: Fixed Earth
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  • FOR FILING NEW 161271 RAMS, II AL MAXWELL AFB , AL BNP-20051031AFY 1030 KHZ E AM Auction 84 CP New Station. AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 161445 RIVERS, L.P. MS JACKSON , MS BNP-20041029AHO 1450 KHZ E Engineering Amendment filed Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by ("Rivers") NEW 160861 RAINEY BROADCASTING, INC. MS ELLISVILLE , MS BNP-20041029AIW 1490 KHZ E Engineering Amendment filed 01/19/2007 engineering amendment denied by letter 06/06/2007 Petition for Reconsideration filed 7/6/07 by ("Rainey") Page 18 of 21 Broadcast Applications 7/13/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222
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  • APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 161445 RIVERS, L.P. MS JACKSON , MS BNP-20041029AHO 1450 KHZ E CP New Stn. Engineering Amendment filed 11/14/2005 Engineering Amendment filed 11/18/2005 Engineering Amendment filed 11/16/2006 Engineering Amendment filed 01/19/2007 01/19/2007 engineering amendment denied by letter 06/06/2007 Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by ("Rivers") Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by Rivers denied by letter DA 08-587 on 03/18/2008. FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT NEW 177475 J.L. BREWER BROADCASTING OF CLEVELAND, LLC GA LULA , GA BNPH-20071029ACI 100.9 MHZ E CP New Station. Informal Objection Filed 03/14/2008
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  • CONSTRUCTION PERMIT ACCEPTED FOR FILING NEW 161445 RIVERS, L.P. MS JACKSON , MS BNP-20041029AHO 1440 KHZ E AM Auction 84 CP New Stn. Engineering Amendment filed 11/14/2005 Engineering Amendment filed 11/18/2005 Engineering Amendment filed 11/16/2006 Engineering Amendment filed 01/19/2007 01/19/2007 engineering amendment denied by letter 06/06/2007 Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by ("Rivers") Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by Rivers denied by letter DA 08-587 on 03/18/2008. Engineering Amendment filed 05/16/2008 FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 173762 BELIEVER'S BROADCASTING CORPORATION MO TROY , MO BNPED-20071016AFW 90.1 MHZ E CP New Station.
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  • 08/14/2008 Actions of: AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , JACKSON 1440 KHZ E MS AM Auction 84 CP New Stn. Engineering Amendment filed 11/14/2005 Engineering Amendment filed 11/18/2005 Engineering Amendment filed 11/16/2006 Engineering Amendment filed 01/19/2007 01/19/2007 engineering amendment denied by letter 06/06/2007 Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by ("Rivers") Petition for Reconsideration, Or, In The Alternative, Request for Waiver of 47 C.F.R. Sec. 73.24(i) filed 7/6/07 by Rivers denied by letter DA 08-587 on 03/18/2008. Engineering Amendment filed 05/16/2008 Engineering Amendment filed 06/17/2008 RIVERS, L.P. NEW 161445 BNP-20041029AHO MS , PERALTA 700 KHZ E NM AM Auction 84 CP New Station. Engineering Amendment filed 07/30/2008
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  • AUDIO AND ATIS SUBCARRIERS 14000.0000 - 14500.0000 MHz 36M0F8W Points of Communication: 1 - ALSAT - (ALSAT) E990180 SES-RWL-20090714-00863 E Date Effective: Class of Station: Temporary Fixed Earth Station Renewal North Carolina License Holdings Inc. Nature of Service: Domestic Fixed Satellite Service SITE ID: 1 225 GLENBURNIE DRIVE, CRAVEN, NEW BERN, NC LOCATION: ANDREW 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 73.24 dBW ANALOG TV FM MODULATION FULL TRANS. 14000.0000 - 14500.0000 MHz 36M0F8F 70.24 dBW ANALOG TV FM MODULATION HALF TRANS. 14000.0000 - 14500.0000 MHz 24M0F8F 62.10 dBW DIGITAL COMPRESSED TV 14000.0000 - 14500.0000 MHz 24M0G7F 11700.0000 - 12200.0000 MHz Points of Communication: 1 - ALSAT - (ALSAT) SES-STA-20090602-00674 E Date Effective: 07/16/2009 Class of Station: Grant of Authority Special Temporary
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  • Fixed Earth Station Grant of Authority 07/13/2009 - 07/13/2024 Renewal North Carolina License Holdings Inc. Nature of Service: Domestic Fixed Satellite Service This renewal application appeared by mistake on Actions Taken Public Notice Dated July 22, 2009 ungranted. Renewal has been granted. SITE ID: 1 225 GLENBURNIE DRIVE, CRAVEN, NEW BERN, NC LOCATION: ANDREW 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 73.24 dBW ANALOG TV FM MODULATION FULL TRANS. 14000.0000 - 14500.0000 MHz 36M0F8F 70.24 dBW ANALOG TV FM MODULATION HALF TRANS. 14000.0000 - 14500.0000 MHz 24M0F8F 62.10 dBW DIGITAL COMPRESSED TV 14000.0000 - 14500.0000 MHz 24M0G7F Page 14 of 24 11700.0000 - 12200.0000 MHz Points of Communication: 1 - ALSAT - (ALSAT) E890893 SES-RWL-20090728-00921 E Date Effective: 07/30/2009 Class of Station:
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  • NCE television applicants are broadly representative. See NCE Notice at n.27. Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, mod'd on other grounds, Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000). With respect to radio, the principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(I), and the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). With respect to television, a station's principal community (city grade) contour is either the 74, 77, or 80 dBu contour, depending on the particular channel on which it operates, as described further in Sections 73.684 and 73.685. AACC identifies four categories of community colleges: (1) those that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-6A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-6A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-6A1.txt
  • NCE television applicants are broadly representative. See NCE Notice at n.27. Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, mod'd on other grounds, Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000). With respect to radio, the principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(I), and the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). With respect to television, a station's principal community (city grade) contour is either the 74, 77, or 80 dBu contour, depending on the particular channel on which it operates, as described further in Sections 73.684 and 73.685. AACC identifies four categories of community colleges: (1) those that
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  • athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: § 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see § 73.24(i)); FM Broadcast station - principal community contour (see § 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see § 73.683(a) for analog TV and § 73.622(e) for DTV); ***** (3)*** AM broadcast station - principal community contour (see § 73.24(i)); FM broadcast station - principal community contour (see § 73.315(a)); *** Television broadcast station - television Grade
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  • would not occur between two applications in MX Group AM 04. However, both Section 73.37 and 73.182 define objectionable interference in terms of specified strength signals from ``stations.'' Petitioners fail to explain the basis for distinguishing between daytime and nighttime interference rules for the purpose of making mutual exclusivity determinations among window-filed applications. 47 C.F.R. § 73.37. 47 C.F.R. § 73.24(i). Id. See generally Ashbacker v. FCC, 326 U.S. 327. In essence, this type of processing scheme would effectively deprive the Baxter applicant of the opportunity to pursue its original proposal through the auction process. Green Valley Application for Review at 1. See Broadcast First Report and Order, 13 FCC Rcd at 15976. See e.g., Nevada County Broadcasters, 68 F.C.C. 2d
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  • (File No. BALH-19980824EB). Secret Opposition at 4. The term TBA is used synonymously with ``local marketing agreement'' or ``LMA'' throughout this decision. Citicasters Licenses, Inc., a subsidiary of Clear Channel, is the licensee of WBEX(AM). See File No. BAL-20011214AGU. Each of the four commercial stations licensed to Chillicothe provides the requisite principle community contour over Chillicothe (see 47 C.F.R. §§ 73.24(i), 73.315(a)), while the three noncommercial FM stations provide the requisite 60 dBu coverage to at least 50 percent of Chillicothe (see 47 C.F.R. § 73.515). The other nine stations that provide protected service to all or a substantial part of Chillicothe are as follows: WTVN(AM), WRFD(AM) and WNCI(FM) - all licensed to Columbus, Ohio; WXIC and WXIZ(FM), Waverly, Ohio; WHOK-FM,
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  • AM stations are not allotted, where mutually exclusive AM applications are filed, they are first evaluated under similar section 307(b) criteria. Pacific Broadcasting of Missouri LLC, 18 FCC Rcd 2291 (2003) (quoting Public Service Broadcasting of West Jordan, Inc., 97 F.C.C.2d 960, 962 (Rev. Bd. 1984)). FCC v. Allentown Broadcasting Corp., 349 U.S. 358, 362 (1955). See 47 C.F.R. §§ 73.24(i) (for AM), 73.315(a) (for FM), 73.685(a) (for TV). See id. § 73.1125. Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the Main Studio and Program Origination Rules for Radio and Television Broadcast Stations, 3 FCC Rcd 5024, 5026 ¶ 24 (1988). 47 C.F.R. §§ 73.3526(e)(11)(i) (commercial TV issues/program list), 73.3526(e)(12) (commercial AM and FM issues/program list). These lists
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  • Cellular'') (``[A] waiver is appropriate only if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest,'' citing WAIT Radio v. F.C.C., 418 F.2d 1153, 1157-59 (D.C. Cir. 1969) (``WAIT Radio''). New Community MO&O, 5 FCC Rcd at 7097. Id. Id. First Broadcasting Petition at 15. Id. at 16. See 47 C.F.R. §§ 73.24(i) (principal community contour of 5 mV/m daytime for AM broadcast stations must encompass entire community of license, with 80 percent of community of license in non-expanded band being covered by 5 mV/m nighttime contour or nighttime interference-free contour, whichever value is higher), 73.315(a) (FM broadcast station must provide principal community service of 70 dbµ to entire community of license). First
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  • at 4, 11, Apex Parties Comments at 6. Parties supporting this proposal include Arlington, Entercom, REC Networks, Crawford, Starboard, and Clear Channel. Entercom Comments at 3. Starboard Comments at 5. Crawford Comments at 19. Clear Channel Comments at 2. NPRM, 20 FCC Rcd at 11183. Id. See 47 C.F.R. § 1.1202(d). NPRM, 20 FCC Rcd at 11183-87. See id. §§ 73.24(i) (principal community contour of 5 mV/m daytime for AM broadcast stations must encompass entire community of license, with 80 percent of community of license in non-expanded band being covered by 5 mV/m nighttime contour or nighttime interference-free contour, whichever value is higher), 73.315(a) (FM broadcast station must provide principal community service of 70 dBµ to entire community of license). NPRM,
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  • raising interference concerns. Pamplin amended its application on April 4, 2001, adjusting the proposed nighttime pattern in an effort to cure any alleged technical defect. Owens alleged that Pamplin's proposal, even as amended, would cause interference to KUZZ(AM). Owens and KGO also argued that the application, as amended, no longer provided sufficient nighttime coverage to Reno, as required by Section 73.24(i) of the Commission's Rules (the ``Rules''). By letter dated June 25, 2002, the staff granted the petitions, in part. The staff found that Pamplin's amended nighttime interference-free contour would encompass only 63 percent of ``the area of Reno,'' whereas Section 73.24(i) of the Rules requires, in relevant part, 80 percent coverage of the principal community. The staff provided Pamplin an
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  • 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. To determine which AM applications are mutually exclusive, AM applicants must submit the engineering data contained in FCC Form 301 as a supplement to the short-form application. Such engineering data will be studied for compliance with the technical requirements of §§73.24, 73.37, and 73.182 and will be protected from subsequently filed applications as of the close of the window filing period. Note 1 to §73.3571: For purposes of paragraph (h)(1)(ii) of this section, determinations of mutual exclusivity will be made in accordance with the Commission's decision in Nelson Enterprises, Inc., 18 FCC Rcd 3414 (2003). 3. Section 73.5002 is proposed to
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  • placeholder, such as inapposite use of ``0'' or ``not applicable'' or an abbreviation thereof) in any of these categories will be immediately dismissed as incomplete without an opportunity for amendment. The staff will review the remaining applications to determine whether they meet the following basic eligibility criteria: (1) community of license coverage (day and night) as set forth in § 73.24(i), and (2) protection of co- and adjacent-channel station licenses, construction permits and prior-filed applications (day and night) as set forth in §§ 73.37 and 73.182. If the staff review shows that an application does not meet one or more of the basic eligibility criteria listed above, it will be deemed ``technically ineligible for filing'' and will be included on a
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  • placeholder, such as inapposite use of ``0'' or ``not applicable'' or an abbreviation thereof) in any of these categories will be immediately dismissed as incomplete without an opportunity for amendment. The staff will review the remaining applications to determine whether they meet the following basic eligibility criteria: (1) community of license coverage (day and night) as set forth in § 73.24(i), and (2) protection of co- and adjacent-channel station licenses, construction permits and prior-filed applications (day and night) as set forth in §§ 73.37 and 73.182. If the staff review shows that an application does not meet one or more of the basic eligibility criteria listed above, it will be deemed ``technically ineligible for filing'' and will be included on a
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  • cause'' to do so. We may exercise our discretion to waive a rule where particular facts would make strict compliance inconsistent with the public interest.'') (footnotes omitted). 47 C.F.R. §§ 1.201, 1.283. See, e.g., Pamplin Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC Rcd 649, 651-52 n.15 (2008) (staff routinely waives 100 percent coverage of principal community requirement of Section 73.24(j) of the Rules for applicants showing at least 80 per cent coverage); State of Oregon, Memorandum Opinion and Order, 16 FCC Rcd 4344, 4345 (2001) (staff routinely waives Section 74.1204(a) for applicants who show that an overlap area is unpopulated). See, e.g., The Last Bastion Station Trust, LLC, as Trustee, c/o Media Venture Partners, LLC, Georgia Eagle Broadcasting, Inc., Letter,
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • is necessarily limited by applicable contour protection requirements. Federal Communications Commission FCC 98-117 87 We propose to continue to treat AM applications to change from Class B to Class D as "minor" changes. 88 Commercial FM and AM stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 89 See 47 C.F.R. § § 73.1690(b)(2) and 73.3536. Applications for construction permits must be filed on FCC Form 301 for commercial stations, Form 340 for noncommercial educational stations and Form 349 for FM translator and booster stations. License applications are filed on FCC Form 302 or 350 as appropriate 90 In 1996, the Commission received comments in response
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  • submit a map or maps having appropriate scales, showing the 1000 mV/m and coverage contours (the proposed 5 mV/m nighttime groundwave contour, or the nighttime interference-free contour, whichever is the greater value) for both existing and proposed facilities. The map showing the nighttime coverage contour must clearly show the legal boundaries of the principal community to be served. See Sections 73.24(e), 73.33, 73.37, 73.45, 73.150, 73.152, and 73.182(a)-(i). Item 8: Community Coverage. The applicant must certify that the proposed facility complies with the Commission's AM community coverage requirements. See Section 73.24(i). For all AM stations, the daytime 5 mV/m contour must cover the entire principal community to be served. Additionally, however: (1) For stations in the 535-1605 kHz band, 80% of
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  • Rules for Radio and Television and Radio Broadcast Stations, 2 FCC Rcd 3215 (1987) ("Main Studio and Program Origination Report and Order"). The principal community contour (5 mV/m for AM radio, 3.16 mV/m for FM radio and city-grade for TV) must encompass the entire community of license, but often extends beyond those limits in some directions. See 47 CFR §§ 73.24(i), 73.315(a), 73.685. 5 See 2 FCC Rcd 3215 (1987). 6 The Commission's rules require stations to provide local or toll-free telephone service to their communities of license. See 47 C.F.R. §73.1125(c). 2 this proceeding and one opposition to the petitions for reconsideration.3 In response to these petitions for reconsideration, we take this opportunity to affirm, revise, or clarify certain of
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  • their community. 47 C.F.R. § 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at 14,876 (1998). The principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(i), the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). For example, we have in a separate proceeding noted that a study by NBC shows that at least 72.4 percent of AM audiences are within the AM's station's principal community contour and that at least 63.8 of FM audiences are located with the FM station's principal community contour.
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  • NCE television applicants are broadly representative. See NCE Notice at n.27. Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, mod'd on other grounds, Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000). With respect to radio, the principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(I), and the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). With respect to television, a station's principal community (city grade) contour is either the 74, 77, or 80 dBu contour, depending on the particular channel on which it operates, as described further in Sections 73.684 and 73.685. AACC identifies four categories of community colleges: (1) those that
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  • NCE television applicants are broadly representative. See NCE Notice at n.27. Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, mod'd on other grounds, Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000). With respect to radio, the principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(I), and the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). With respect to television, a station's principal community (city grade) contour is either the 74, 77, or 80 dBu contour, depending on the particular channel on which it operates, as described further in Sections 73.684 and 73.685. AACC identifies four categories of community colleges: (1) those that
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  • proposed Uncasville station, increasing the power, and asserting that the staff's interpretation of the provisions of 73.37(a) concerning Class C AM stations was incorrect. Upon review of the amended application, we find that despite the applicant's repeated attempts to cure the application's multiple deficiencies, the amended proposal fails to provide the minimum principal community coverage at night required by Section 73.24(i). Uncasville is an unincorporated community, the boundaries of which are not available through the U.S. Census Bureau. However, the boundaries of Uncasville shown in Ridgefield's amended application were supplied by the applicant's technical consultant, and were the basis for our evaluation. The applicant's map entitled ``5 mV/m and 25.46 mV/m Principal Community Contours,'' which was prepared by Mueller Broadcast Design,
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  • staff sent RW a letter outlining various technical deficiencies in the Application, giving RW the opportunity to amend its application within 30 days of the letter. RW requested and received an additional 120 days in which to file its amended Application, and subsequently filed an amendment on October 20, 2005. In its October amendment, RW requested a waiver of Section 73.24(i) of the Commission's Rules, which requires an AM station to provide nighttime interference-free (``NIF'') or nighttime 5 mV/m signal coverage to 80 percent of the community of license. In a letter to RW dated February 2, 2006, the staff found RW's waiver request to be incomplete, pointed out further deficiencies in the amended Application, and withheld further action on the
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  • Entercom has shown that it must relocate the Station's nighttime facilities. After an exhaustive search for a new site, Entercom determined that the ``best option available'' was to co-locate the Station's daytime and nighttime facilities, despite having to reduce nighttime power to comply with the Rules. Entercom acknowledges that it cannot meet the nighttime city coverage requirements contained in Section 73.24(i) of the Rules, and thus proposed a new community of license, West Sacramento, in the Application. The net loss of NIF service is not decisional because Sacramento retains ample local service, and the nighttime ``loss area'' created by the relocation of KCTC(AM)'s nighttime facilities is well-served by other stations. Conclusion/Actions. Accordingly, it is ORDERED, that the Informal Objection of D.
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  • potential listeners reside within the town site of Beatty instead of the entire Beatty census designated boundary which is mostly rural and unpopulated. Additionally, Petitioner notes that the Commission has determined that a 5mV/m contour signal which encompass the entire town site of Beatty instead of the census designated boundary was acceptable for city-grade coverage requirements in accordance with Section 73.24(l) of the Rules when it granted a new construction permit for Station KDAN(AM), Beatty, Nevada, File No. BNP-20041029AGC. See 47 C.F.R. § 73.24(l). As such, Petitioner argues that similarly situated applicants must receive equal treatment. Citing Green County Mobilephone, Inc. v. FCC, 765 65 F. 2d 235 (D.C. Cir. 1985) and New Orleans Channel 20, Inc., 830 F. 2d 361,366
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  • Request for Waiver (``Petition'') filed by Rivers, L.P. (``Rivers'') on July 6, 2007. Petitioner seeks reconsideration of the staff's June 6, 2007, letter decision (``Staff Decision''), in which the staff denied Rivers's proposed amendment to its AM Auction No. 84 (``Auction 84'') application for a new AM broadcast station at Jackson, Mississippi. In the alternative, Rivers seeks waiver of Section 73.24(i) of the Commission's Rules. For the reasons set forth below, we deny the Petition and the waiver request. Background. Rivers filed a short-form (FCC Form 175) application on January 30, 2004, during the Auction 84 filing window. It was determined to be a ``singleton,'' that is, an application not mutually exclusive with any other window-filed application. Accordingly, the staff directed
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  • of only 26 square miles to the west of Fenton in which it could provide the required NIF community of license coverage. We initially note that Birach has failed to specify the methodology it used to define the potential relocation area. While we agree that the NIF contour is a primary limiting factor in identifying a suitable transmitter site, Section 73.24(i) of the Rules requires only 80 percent coverage of the community of license. Birach's assumption, therefore, is unnecessarily restrictive, as an 80 percent coverage requirement would appreciably expand the potential relocation area. In fact, applying an 80 percent coverage standard, the staff has identified a substantially larger area suitable for relocation. In addition, Birach fails to give good reason for
• http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-06-163A1.pdf
  • at 4, 11, Apex Parties Comments at 6. Parties supporting this proposal include Arlington, Entercom, REC Networks, Crawford, Starboard, and Clear Channel. Entercom Comments at 3. Starboard Comments at 5. Crawford Comments at 19. Clear Channel Comments at 2. NPRM, 20 FCC Rcd at 11183. Id. See 47 C.F.R. § 1.1202(d). NPRM, 20 FCC Rcd at 11183-87. See id. §§ 73.24(i) (principal community contour of 5 mV/m daytime for AM broadcast stations must encompass entire community of license, with 80 percent of community of license in non-expanded band being covered by 5 mV/m nighttime contour or nighttime interference-free contour, whichever value is higher), 73.315(a) (FM broadcast station must provide principal community service of 70 dBµ to entire community of license). NPRM,
• http://transition.fcc.gov/fcc-bin/audio/FCC-08-114A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-08-114A1.pdf
  • find that the Bureau erred in concluding that Bixby was not entitled to a dispositive preference based on its civic, cultural, religious, social, and commercial attributes. 9. Ingles next reiterates her argument that the Bureau should not even have performed a Section 307(b) analysis of TELNS's application because it was not acceptable for filing due to alleged violations of Sections 73.24(i) and 73.182 of the Commission's Rules. We disagree. In establishing competitive bidding procedures for the broadcast service, the Commission made clear that the staff is not to perform an analysis of the acceptability or grantability of applicants' auction filing window applications. That analysis occurs at the close of the auction, and is limited to the winning bidder. The Commission discussed
• http://transition.fcc.gov/fcc-bin/audio/FCC-11-72A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-11-72A1.pdf
  • cause'' to do so. We may exercise our discretion to waive a rule where particular facts would make strict compliance inconsistent with the public interest.'') (footnotes omitted). 47 C.F.R. §§ 1.201, 1.283. See, e.g., Pamplin Broadcasting, Inc., Memorandum Opinion and Order, 23 FCC Rcd 649, 651-52 n.15 (2008) (staff routinely waives 100 percent coverage of principal community requirement of Section 73.24(j) of the Rules for applicants showing at least 80 per cent coverage); State of Oregon, Memorandum Opinion and Order, 16 FCC Rcd 4344, 4345 (2001) (staff routinely waives Section 74.1204(a) for applicants who show that an overlap area is unpopulated). See, e.g., The Last Bastion Station Trust, LLC, as Trustee, c/o Media Venture Partners, LLC, Georgia Eagle Broadcasting, Inc., Letter,
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • service does not diminish the material improvement these measures will bring to the FM translator application process. See supra, n. 11. See supra, ¶ 6. No such requirement is necessary for commercial FM and AM stations because these stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587. See Notice, 13 FCC Rcd at 14875-76. See supra,
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • Class A Television Broadcast Stations [60]Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational Channels Subpart A -- AM Broadcast Stations [61]TEXT [62]PDF 73.1 Scope. [63]TEXT [64]PDF 73.14 AM broadcast definitions. [65]TEXT [66]PDF 73.21 Classes of AM broadcast channels and stations. [ [67]AM Classes ] [68]TEXT [69]PDF 73.23 AM broadcast station applications affected by international agreements. [70]TEXT [71]PDF 73.24 Broadcast facilities; showing required. [72]TEXT [73]PDF 73.25 Clear channels; Class A, Class B and Class D stations. [ [74]AM Classes ] [75]TEXT [76]PDF 73.26 Regional channels; Class B and Class D stations. [ [77]AM Classes ] [78]TEXT [79]PDF 73.27 Local channels; Class C stations. [ [80]AM Classes ] [81]TEXT [82]PDF 73.28 Assignment of stations to channels. [83]TEXT [84]PDF 73.29 Class
• http://transition.fcc.gov/mb/audio/bickel/amfmrule.html
  • Class A Television Broadcast Stations [60]Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational Channels Subpart A -- AM Broadcast Stations [61]TEXT [62]PDF 73.1 Scope. [63]TEXT [64]PDF 73.14 AM broadcast definitions. [65]TEXT [66]PDF 73.21 Classes of AM broadcast channels and stations. [ [67]AM Classes ] [68]TEXT [69]PDF 73.23 AM broadcast station applications affected by international agreements. [70]TEXT [71]PDF 73.24 Broadcast facilities; showing required. [72]TEXT [73]PDF 73.25 Clear channels; Class A, Class B and Class D stations. [ [74]AM Classes ] [75]TEXT [76]PDF 73.26 Regional channels; Class B and Class D stations. [ [77]AM Classes ] [78]TEXT [79]PDF 73.27 Local channels; Class C stations. [ [80]AM Classes ] [81]TEXT [82]PDF 73.28 Assignment of stations to channels. [83]TEXT [84]PDF 73.29 Class
• 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
  • is necessarily limited by applicable contour protection requirements. Federal Communications Commission FCC 98-117 87 We propose to continue to treat AM applications to change from Class B to Class D as "minor" changes. 88 Commercial FM and AM stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 89 See 47 C.F.R. § § 73.1690(b)(2) and 73.3536. Applications for construction permits must be filed on FCC Form 301 for commercial stations, Form 340 for noncommercial educational stations and Form 349 for FM translator and booster stations. License applications are filed on FCC Form 302 or 350 as appropriate 90 In 1996, the Commission received comments in response
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • submit a map or maps having appropriate scales, showing the 1000 mV/m and coverage contours (the proposed 5 mV/m nighttime groundwave contour, or the nighttime interference-free contour, whichever is the greater value) for both existing and proposed facilities. The map showing the nighttime coverage contour must clearly show the legal boundaries of the principal community to be served. See Sections 73.24(e), 73.33, 73.37, 73.45, 73.150, 73.152, and 73.182(a)-(i). Item 8: Community Coverage. The applicant must certify that the proposed facility complies with the Commission's AM community coverage requirements. See Section 73.24(i). For all AM stations, the daytime 5 mV/m contour must cover the entire principal community to be served. Additionally, however: (1) For stations in the 535-1605 kHz band, 80% of
• 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
  • does not diminish the material improvement these measures will bring to the FM translator application process. See supra, n. 11. 20 See supra, ¶ 6. No such requirement is necessary for commercial FM and AM stations because these stations presently are required to maintain 3.16 mV/m and 5 mV/m contours, respectively, over their communities of license. See 47 C.F.R. §§ 73.24(i), 73.315(a). 21 As discussed in the Notice, the Commission provides public notice of the tendering of minor change applications and the public has the opportunity to file informal objections and seek reconsideration of staff actions. See Notice, 13 FCC Rcd at 14871; 47 U.S.C. § 405; 47 C.F.R. §§ 1.106, 73.3564, 73.3587. 6 of mutually exclusive or competing applications,18 and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf
  • that we would award credit for diversity only to 34 Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, mod'd on other grounds, Memorandum Opinion and Order, 15 FCC Rcd 19,208 (2000). 35 With respect to radio, the principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(I), and the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). With respect to television, a station's principal community (city grade) contour is either the 74, 77, or 80 dBu contour, depending on the particular channel on which it operates, as described further in Sections 73.684 and 73.685. Federal Communications Commission FCC 01-64 21 applicants whose own governing
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • their community. 47 C.F.R. § 73.315(a), Note a. We have, however, in a separate proceeding, proposed to begin requiring them to provide 60 dBu (1 mV/m) service to at least a portion of their community of license. Technical Streamlining, 13 FCC Rcd at 14,876 (1998). The principal community (city grade) contours are the 5 mV/m for AM stations under Section 73.24(i), the 3.16 mV/m for FM stations calculated in accordance with Section 73.313(c). For example, we have in a separate proceeding noted that a study by NBC shows that at least 72.4 percent of AM audiences are within the AM's station's principal community contour and that at least 63.8 of FM audiences are located with the FM station's principal community contour.
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators. Section 73.5007 is amended by revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(3)(i), (b)(3)(ii), and (b)(3)(iv to read as follows: § 73.5007 Designated entity provisions. ***** (b)*** (2)*** AM broadcast station - principal community contour (see § 73.24(i)); FM Broadcast station - principal community contour (see § 73.315(a)); Television broadcast station - television Grade B or equivalent contour (see § 73.683(a) for analog TV and § 73.622(e) for DTV); ***** (3)*** AM broadcast station - principal community contour (see § 73.24(i)); FM broadcast station - principal community contour (see § 73.315(a)); *** Television broadcast station - television Grade
• http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-05-120A1.pdf
  • Cellular'') (``[A] waiver is appropriate only if special circumstances warrant a deviation from the general rule and such deviation will serve the public interest,'' citing WAIT Radio v. F.C.C., 418 F.2d 1153, 1157-59 (D.C. Cir. 1969) (``WAIT Radio''). New Community MO&O, 5 FCC Rcd at 7097. Id. Id. First Broadcasting Petition at 15. Id. at 16. See 47 C.F.R. §§ 73.24(i) (principal community contour of 5 mV/m daytime for AM broadcast stations must encompass entire community of license, with 80 percent of community of license in non-expanded band being covered by 5 mV/m nighttime contour or nighttime interference-free contour, whichever value is higher), 73.315(a) (FM broadcast station must provide principal community service of 70 dbµ to entire community of license). First
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/88-235.pdf
  • maintainsthatitsproposalwillfurthertheobjectivesun- derlyingrelaxationofthemainstudiorulebypermitting ClassAFMstations"toachieveefficiencieswhilestill servingtheirmarkets.41 35.DTCaskstheCommissiontorevisethelocation standardfornoncommercialeducationalFMstationsto permitthesestationstolocatetheirstudiosanywhere withintheir60dbucontours,ratherthanthe70dbu contourapplicabletosuchstationsunderthenewrule.°42 DTCasserts,inthealternative,thatiftheCommissionis unwillingtoacceptthis60dbucontourforthemore powerfulstations,itshouldatleastallowsmallClassA noncommercialeducationalFMstationstolocatetheir mainstudiowithinthe60dbucontour.DTCassertsthat thepresentruleisnotsufficientlyflexibletopermitsmall noncommercialeducationalFMstationstobenefitfrom relaxationofthemainstudiolocationrule.Furthermore DTCnotesthatthedifferencebetweenastation's70dbu contourandits60dbucontouris"relativelyminor,"43and "shouldnotresultintheremotestudiolocationsepara- FCC88-235 tionswhichtheCommissionfeared."44Finally,DTCreasons thatthisflexibilitywillnotoffendtheCommission's goalsbecausenoncommercialeducationalstations,which derivetheirfundingfromcommunitydonations,cannot ignoretheircommunityserviceroles. 36.Analysis.Petitionershavenotpersuadedustoalter ourpreviousdeterminationthattheuseoftheprincipal communitycontourasthemainstudiolocationstandard forallbroadcaststationsstrikestheappropriatebalance. 37.IntheReportandOrder,werecognizedthatthe principalcommunitycontourstandardwouldaffordsome licenseesgreaterflexibilitythanothers.Weadoptedthat contourstandard,nevertheless,becauseitsusebestbalances ourobjectives.AswenotedintheReportand Order, itwillpermitco-locationofthemainstudioand transmitterinallcases,whileatthesametimeensuring thatthemainstudioislocatedintheprimaryreception areaofthestation.45Petitionersmaybecorrectinasserting that,intheirparticularcases,theycouldoperatetheir mainstudiosbeyondtheprincipalcommunitycontour standardandstillmeettheirlocalserviceobligations. However,thisdoesnotalterourdeterminationthatthe balancewehavestruckisappropriateinmostcases.Ifthe rulecreatesinequitiesinparticularsituations.theappropriate recourse,ratherthanmodifyingtheruletofitparticular facts,isforthestationtoseekawaiver.The"good cause"waiverstandardisretainedintheamendedrule.46 38.Insum,allstations,absentwaiverorexception,will continuetoberequiredtolocatetheirmainstudioswithin theprincipalcommunitycontour. E.ClarificationofthePrincipalCommunityContour Standard 39.Thefinalissueraisedbythepetitionersiswhether clarificationoftheprincipalcommunitycontourstandard, asusedintheamendedmainstudiolocationrule,is necessary. 40.InitsReportandOrder,theCommissionstatedthat theprincipalcommunitycontoursforAM,FMandtelevi- sionbroadcaststationsarefoundinSections73.24(j), 73.315(a)and73.685(a),respectively.TheCommission notedthatthedaytimecontourrequirementofSection 73.24(j)willbeapplicabletoAMstations,andthecontour inSection73.315(a)willbeapplicabletononcommercial educationalFMstations.' 41.NABaskstheCommissiontodefinetheprincipal communitycontourstandardwithgreaterprecisionby clarifyingwhetherthemainstudiomustbelocatedwithin astation'sactualoritspredictedprincipalcommunityor "citygrade"contour.NABnotesthatastation'sactual contourmaybefartherfromthestation'stransmitterthan itspredictedcontour,orviceversa.Inclarifyingthedefinition, NABurgestheCommissiontopermitlicenseesto choosethecontour,eitheractualorpredicted,whichgives themthegreaterflexibilityinlocatingtheirmainstudio. NABassertsthatthiswouldbeconsistentwiththeCommission's decisiontoamendthemainstudiolocationrule toaccordlicenseesgreaterflexibilityinlocatingtheirmain studios. 42.Analysis.InresponsetoNAB'srequest,weclarify belowthedefinitionofprincipalcommunitycontourasit appliesinouramendedmainstudiorule. 43.TheCommission'srulesprovidethattheprincipal community("citygrade")contouristhecontourthat encompassestheminimumfieldstrengthastationisre- FederalCommunicationsCommissionRecord 3FCCRcdNo.17 quiredtoplaceoveritscommunityoflicense.Everystation intheAM,commercialFM,andtelevisionbroadcast servicesisrequiredtodemonstratecompliancewitha minimumfieldstrengthrequirementinitsinitialconstruction permitapplicationorapplicationforchangeinfacilities affectingthatcontour.48Generally,stationsplotonlya predictedfieldstrengthcontour,determinedinaccordance withourrules,todemonstratecompliance.Forthesestations, thispredictedcontouristheapplicableprincipal communitycontourunderourrules. 44.ForAMstations,itispossibletoestablishaprinci- palcommunitycontourbasedonactual,ratherthanpredicted fieldstrength.49IfalicenseeofanAMstationuses actualfieldstrengthtoestablishthestation'scommunity contourinitsinitialconstructionpermitapplicationor applicationforchangeoffacilities,acontourbasedon actualmeasurementsisthestation'sapplicablecontour underourrules.UnlikeAMservice,thereisnomethod forlocatingaprincipalcommunitycontourbyactualmeasurements forFMortelevisionservices°Thustheprincipal communitycontourforFM(commercialand noncommercialeducational)andtelevisionstationsis basedonthepredictedfieldstrengthinallcases.51 45.SinceaprincipalcommunitycontourforAMstations canbedefinedbyactualorpredictedfieldstrength, alicenseeofanAMstationmaylocateitsmainstudio withinacontourestablishedbyeitheractualorpredicted measurements.IfanAMlicenseeusedapredictedcontour initsinitialconstructionpermitapplication,butwishesto relyonactualmeasurementsinrelocatingamainstudio undertheamendedrule,thelicenseemustcomplywith Section73.186ofourrules.Sincethereisnomethodfor locatingaprincipalcommunitycontourbasedonactual
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • FCC 301 (Page 4) March 1998 SECTION III-A AM BROADCAST ENGINEERING DATA CERTIFICATION If any question is answered "No," a request for waiver, explanation, or justification must be submitted otherwise, the application will be returned without further consideration. Exhibits are required as noted. 13.Broadcast Facility. The proposed facility complies with the engineering standards and assignment requirements of 47 CFR (( 73.24(e), 73.33, 73.45, 73.150, 73.152, 73.160, 73.182(a)-(i), 73.186, 73.189, 73.1650. Exhibit Required. 14.Community Coverage. The proposed facility complies with community coverage requirements of 47 CFR ( 73.24(i). Exhibit Required. 15.Main Studio Location. The main studio complies with requirements of 47 CFR ( 73.1125. 16.Interference. The proposed facility complies with all of the following applicable rule sections. Check all those that apply.
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/AttachB-04-18-1997.html
  • Question 10 must be answered. * Question 11 must be answered. If a remote control location is desired, specify the address of the control point. * Question 12 must be answered only if a new site is proposed. * Question 13 must be answered. If the "NO" box is checked, applicant should submit a justification pursuant to 47 C.F.R. Section 73.24(g) and place the exhibit number in the box provided. * Question 14 must be answered completely if a new site and/or new tower construction is proposed. Question 14(b) must give the distance in meters from the tower to the fence enclosing the tower. * Question 15: + Question 15, Parts A-1 and A-2 (daytime) must be answered. However, only the
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • Class A Television Broadcast Stations [60]Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational Channels Subpart A -- AM Broadcast Stations [61]TEXT [62]PDF 73.1 Scope. [63]TEXT [64]PDF 73.14 AM broadcast definitions. [65]TEXT [66]PDF 73.21 Classes of AM broadcast channels and stations. [ [67]AM Classes ] [68]TEXT [69]PDF 73.23 AM broadcast station applications affected by international agreements. [70]TEXT [71]PDF 73.24 Broadcast facilities; showing required. [72]TEXT [73]PDF 73.25 Clear channels; Class A, Class B and Class D stations. [ [74]AM Classes ] [75]TEXT [76]PDF 73.26 Regional channels; Class B and Class D stations. [ [77]AM Classes ] [78]TEXT [79]PDF 73.27 Local channels; Class C stations. [ [80]AM Classes ] [81]TEXT [82]PDF 73.28 Assignment of stations to channels. [83]TEXT [84]PDF 73.29 Class
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • Class A Television Broadcast Stations [12]Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational Channels Subpart A -- AM Broadcast Stations [13]TEXT [14]PDF 73.1 Scope. [15]TEXT [16]PDF 73.14 AM broadcast definitions. [17]TEXT [18]PDF 73.21 Classes of AM broadcast channels and stations. [ [19]AM Classes ] [20]TEXT [21]PDF 73.23 AM broadcast station applications affected by international agreements. [22]TEXT [23]PDF 73.24 Broadcast facilities; showing required. [24]TEXT [25]PDF 73.25 Clear channels; Class A, Class B and Class D stations. [ [26]AM Classes ] [27]TEXT [28]PDF 73.26 Regional channels; Class B and Class D stations. [ [29]AM Classes ] [30]TEXT [31]PDF 73.27 Local channels; Class C stations. [ [32]AM Classes ] [33]TEXT [34]PDF 73.28 Assignment of stations to channels. [35]TEXT [36]PDF 73.29 Class