FCC Web Documents citing 73.561

as compiled by hallikainen.com/FccRules on 2009 06 01

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  • conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, an informal letter request in accordance with § 73.3549 may be filed with the FCC, Attention: Audio Division, Media Bureau, in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. ***** Section 73.561 is amended by revising paragraphs (c) and (d) to read as follows: § 73.561 Operating schedule; time sharing. ***** (c) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and
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  • a time sharing agreement. We have examined the applications and find no qualifications issues regarding either party. We further find that conditional grant of both Piscataway Board's renewal application and King's Temple's application for a new NCE FM station, which includes a proposal to share time with Piscataway Board, will serve the public interest, convenience, and necessity. Pursuant to Section 73.561(b)(2) of the Commission's rules, we are designating this matter for an expedited hearing limited solely to the issue of sharing time. It should be noted that this action is not intended to preclude the applicants, either before the commencement of the hearing or at any time during the course of the hearing, from negotiating a time sharing agreement. Accordingly, IT
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  • to construct a new NCE FM station on Channel 212 in Plainfield, New Jersey, on a time sharing basis with WVPH(FM). KTM stated that PBE had not operated WPVH(FM) at least 12 hours per day each day of the year during the renewal period, and thus asserted that it should be permitted to share time with PBE pursuant to Section 73.561(b) of our rules. PBE failed to contest KTM's proposal until after the HDO was released, and neither PBE nor KTM submitted any other information to the Commission while their respective applications remained pending. In the HDO, the staff construed Section 73.561(b) to require, under the circumstances presented in this case, that the current licensee ``share use of the frequency upon
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  • license of WCVY(FM), Coventry Rhode Island, filed by Coventry Rhode Island Public Schools (``Schools''), File No. BRED-19971218YA, and an application for a new noncommercial educational (``NCE'') FM station in East Greenwich, Rhode Island, filed by Educational Radio for the Public of the New Millennium (``Millennium''). The Millennium application seeks to share time with WCVY(FM) and was filed pursuant to Section 73.561 of the Commission's rules. Also before us is a July 27, 2005, share time agreement (the ``Agreement'') between Schools and Millennium and an application, BMLED-20050907AAD, submitted by Schools to modify the license of WCVY(FM) to specify the terms set forth in the Agreement. The Agreement: In general, NCE FM radio stations are authorized to operate for an unlimited number of
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  • demonstrates, however, that RB provided a timely response on April 25, 2005. The filing was not brought to the staff's attention prior to issuance of the May 31, 2005, letter. We will therefore grant reconsideration to review the RB response. The application of RB for a new noncommercial educational (``NCE'') FM station in Winnetka, Illinois, was filed pursuant to Section 73.561 of the Commission's rules and proposed to share time with WNTH(FM), licensed to Board of Education, New Trier Township District #203 (``New Trier''). NCE FM radio stations, such as WNTH(FM), are licensed to operate for an unlimited number of hours each day, unless they operate pursuant to a time sharing arrangement with another qualified NCE broadcaster. Under Section 73.561(b) of
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  • Goldsmith's informal objection. 47 U.S.C. §309(k)(1). The renewal standard was amended by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Order, Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), 11 FCC Rcd 6363 (1996). 47 U.S.C. §§ 309(k)(2), 309(k)(3). See 47 C.F.R. § 73.561(d). When service is suspended due to circumstances beyond the licensee's control, Section 73.561(d) provides that the licensee may discontinue operation for a period not to exceed 30 days without further authorization from the Commission provided that it notifies the Commission within ten days of the beginning of limited or discontinued operation. Federal Communications Commission Washington, D.C. 20554 July 12, 2006
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  • timely response on April 25, 2005. The filing was not brought to the staff's attention prior to issuance of the May 30, 2005, letter. We will therefore grant reconsideration to the extent that the staff erroneously dismissed Health's application. However, the application of Health for a new noncommercial educational (``NCE'') FM station in Knoxville, Tennessee, was filed pursuant to Section 73.561 of the Commission's rules and proposed to share time with WKCS(FM), licensed to Fulton High School, Knoxville, Tennessee. NCE FM radio stations, such as WKCS(FM), are licensed to operate for an unlimited number of hours each day, unless they operate pursuant to a time sharing arrangement with another qualified noncommercial broadcaster. Section 73.561(b) of the Commission's rules outlines the requirements
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  • FCC Rcd 8026 (2001). Public Notice of the applicants' tentative selectee status and the invitation for petitions to deny the proposals for LPFM mutually exclusive Group 83 was released on March 12, 2004. Public Notice, ``Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing,'' 19 FCC Rcd 4624 (MB Mar. 12, 2004). See 47 C.F.R. § 73.561. HCS and WORC amended the share-time agreement on February 22, 2005. See HHR Petition to Deny (filed Apr.12, 2004) at 2. See HHR Petition to Deny (filed Apr.12, 2004) at 2. See 47 C.F.R. § 73.872(c) (voluntary time-sharing by applicants with the same point totals). See HCS Opposition (filed Apr. 26, 2004) at 2. See id. at 1; see also
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  • Hoosier's above-noted application seeking time-share operation of the Station (the ``Time-Share Application''). For the reasons set forth below, we deny the Petition and affirm the Staff Decision. Background. On April 14, 2004, Franklin Township filed the Renewal Application for the Station. On July 1, 2004, Hoosier filed its Time-Share Application, seeking involuntary time-share operation of the Station pursuant to Section 73.561(b) of the Commission's Rules. On August 9, 2004, Hoosier filed a Petition to Deny the Renewal Application. In the Staff Ruling, the Media Bureau granted the Renewal Application, dismissed Hoosier's Time-Share Application, and denied Hoosier's Petition to Deny and its other filings. The Petition contains a compendium of claims, alleging inter alia, that the Licensee does not exist as a
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  • the issues raised by Hoosier in the Petition that were previously addressed in the Staff Decision, we note that ``[r]econsideration will not be granted to debate matters upon which the Commission has already deliberated and spoken.'' The Staff Decision fully and accurately addressed Hoosier's Time-Share Application and clearly stated the basis for its dismissal, Hoosier's failure to comply with Section 73.561(b) of the Commission's Rules (the ``Rules''). The Staff Decision clearly stated: The Commission will not entertain proposals that do not conform to these requirements. (Footnote omitted.) Hoosier's does not. Despite [Hoosier's] statements to the contrary, (footnote omitted) we find that the record clearly establishes that WHJE operates 24 hours per day and is, therefore, not subject to non-consensual proposals for
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  • filed on April 11, 2005, by South Madison. For the reasons set forth below, we deny the Petition. Background. South Madison filed the Application on March 30, 2004. On August 9, 2004, Hoosier filed a ``Petition to Deny'' the Application. Additionally, on July 1, 2004, Hoosier filed its Time-Share Application seeking involuntary time-share operation of the Station, pursuant to Section 73.561(b) of the Commission's Rules. In the Staff Decision, the staff granted the Application, dismissed Hoosier's Time-Share Application, and denied Hoosier's Petition to Deny and other filings. The Petition both reiterates allegations made previously and raises new matters. Discussion. Under Section 1.106 of the Rules, as interpreted by established case law, ``reconsideration is appropriate only when the petitioner either shows a
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  • ``[r]econsideration will not be granted to debate matters upon which the Commission has already deliberated and spoken.'' The Staff Decision fully and accurately addressed Hoosier's Time-Share Application and stated the basis for its dismissal. Hoosier has failed to demonstrate staff error in this action. Hoosier's application was patently defective. It was late filed and it failed to comply with Section 73.561(b) of the Commission's Rules (the ``Rules'') which governs the circumstances under which a person or entity may seek an involuntary time-share arrangement. The Staff Decision stated: The Commission will not entertain proposals that do not conform to these requirements. (Footnote omitted.) Hoosier's does not. We find that the record clearly establishes that WBDG operates 24 hours per day and is,
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  • resumes operations just prior to the expiration of the one-year silent period only through the use of substantially non-conforming facilities''). 47 C.F.R. § 73.7000. On-air operations are defined as the ``broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g., § 73.561(a).'' Under 47 C.F.R. 73.561(a), NCE FM stations are required ``to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week.'' See 47 C.F.R. § 73.3598(e); In re Birach Broadcasting Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414 (2003). See id.; 47 U.S.C. § 319(c);
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  • Illinois Millikin University Facility ID No. 42654 File No. BRED-20040602AAT Dear Counsel: We have before us: (1) the captioned application of Millikin University (``MU'') for renewal of the license of noncommercial educational FM (``NCE FM'') radio station WJMU(FM), Decatur, Illinois; (2) the captioned application of R B Schools (``RB'') proposing a time-share arrangement for the same frequency pursuant to Section 73.561 of the Commission's rules (the ``Rules''); and (3) a Petition for Relief and Sanctions (``Petition'') filed October 20, 2005, by RB which alleges that MU violated the ex parte provisions of the Rules in the prosecution of its renewal application. For the reasons set forth below, we dismiss RB's time-share application, grant the Petition to the extent indicated, admonish MU
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  • it did not. Superior filed its Petition to Deny on January 21, 2005, stating, among other reasons discussed below, that the Renewal Application should be dismissed because it was filed 140 days late. 3. On October 1, 2004, RB filed its application for an NCE FM station in Bloomfield Hills, Michigan, proposing to ``share time'' with WBFH pursuant to Section 73.561 of the Rules. Under Section 73.561(b), the Commission will consider non-consensual proposals for time sharing in connection with the renewal of an NCE FM station's license only if the incumbent NCE FM station has operated for less than 12 hours per day during the preceding license term. In addition, the party seeking to share time must first attempt to reach
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  • (2) if the build-out is completed prior to KMOS-TV's switch to digital, to coordinate testing with KMOS-TV to avoid interfering with KMOS-TV operations; (3) to use only vertical polarization of its antenna; (4) to provide filters to those experiencing interference within the applicable interference contour; (5) to operate only from midnight to 6:00 am to remain in compliance with Section 73.561 of the Rules; and (6) to begin 24-hour operations only after February 17, 2009, the deadline for DTV conversion, or any new set cut-off date of the television analog signal. SEB indicates that it has obtained a letter from UCM consenting to this plan, and that it will agree to UCM's request that SEB only operate from 12:30 am to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257187A1.pdf
  • NO.45935 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 03/02/2005 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , CARMEL 91.3 MHZ E IN Application for sharing time with station WHJE(FM), Carmel, Indiana, pursuant to 47 C.F.R. Section 73.561 filed by Hoosier Public Radio Corporation. Motion to Dismiss as Untimely and Defective filed 9/7/04 by ("Carmel Clay") Reply filed 9/23/2004 (Hoosier) Application dismissed per letter ref. 1800B3-CLR on March 2, 2005. HOOSIER PUBLIC RADIO CORPORATION NEW 162215 BNPED-20040805ABK IN , SPEEDWAY 90.9 MHZ E IN CP New Stn. Application for sharing time pursuant to 47 C.F.R. Section 73.561 filed
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  • FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WRFT 22366 FRANKLIN TOWNSHIP COMMUNITY SCHOOL CORP. IN INDIANAPOLIS , IN BPED-20040701AAC 91.5 MHZ E Application filed electronically as a minor change in licensed facilities, but is actually an application to share time with WRFT(FM), Indianapolis, Indiana, filed by Hoosier Public Radio Corp. under 47 C.F.R. Section 73.561. Motion to Dismiss application for time share filed 9/22/2004 (Franklin Township) Motion to Strike as Untimely Motion to Dismiss Application of HPR and Request for Hearing filed 10/12/04 by (HPR) Application dismissed per letter ref. 1800B3-CLR on March 2, 2005. Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 3/29/05 by (HPR) Page 7 of 33 Broadcast Applications 4/4/2005 PUBLIC
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  • O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WEEM-FM 61140 SOUTH MADISON COMMUNITY SCHOOL CORP. IN PENDLETON , IN BPED-20040701AAA 91.7 MHZ E Filed electronically as a minor change in licensed facilities, but is actually an application for sharing time with station WEEM-FM, Pendleton, Indiana, pursuant to 47 C.F.R. Section 73.561 filed by Hoosier Public Radio Corporation. Petition to Dismiss Application filed 10/6/2004. Application dismissed per letter ref. 1800B3-CLR on March 2, 2005. PETITION FOR RECONSIDERATION AND REINSTATEMENT NUNC PRO TUNC FILED 3/31/05 BY (HPR) FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING K220EU 21099 CALVARY CHAPEL OF TWIN FALLS, INC. LA NEW ROADS , LA
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  • N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 162215 HOOSIER PUBLIC RADIO CORPORATION IN CARMEL , IN BNPED-20040805ABK 91.3 MHZ E Application for sharing time with station WHJE(FM), Carmel, Indiana, pursuant to 47 C.F.R. Section 73.561 filed by Hoosier Public Radio Corporation. Motion to Dismiss as Untimely and Defective filed 9/7/04 by ("Carmel Clay") Reply filed 9/23/2004 (Hoosier) Application dismissed per letter ref. 1800B3-CLR on March 2, 2005. Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 4/4/05 FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT TENDERED FOR FILING NEW 164870 R B SCHOOLS CO LONGMONT ,
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  • to Informal Objection filed 9/30/04 by (HPR) Denial of Access to Public File; Failure to Allow copies of Public File Materials filed 10/4/04 by Martin Hensley Denial of Access to Public File of WBDG; Request for Declaratory Ruling filed 10/26/04 by Martin Hensley. All objections denied, share-time application BNPED-20040823AAC of Hoosier Public Radio Corporation filed pursuant to 47 C.F.R. Section 73.561 dismissed, NAL for $9,000 issued for violation of Section 73.3527, and WBDG(FM) license renewal application granted per letter ref. 1800B3-CLR on March 2, 2005 PETITION FOR RECONSIDERATION FILED 3/29/05 BY (HPR) Petition for Reconsideration of NAL filed 4/1/05 by ("WBDG") Page 15 of 21 Broadcast Applications 4/11/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing
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  • I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WKPB 71864 WESTERN KENTUCKY UNIVERSITY KY HENDERSON , KY BPED-20040701AEF 89.5 MHZ E Application filed electronically as a minor change in licensed facilities, but is actually an application for sharing time with WKPB(FM) under 47 C.F.R. Section 73.561 filed by Hoosier Public Radio Corp. Petition to Dismiss time-sharing App and Informal Opposition 8/18/2004 (WKPB) Opposition to Petition to Dismiss Time Share Application and Informal Opposition; Motion to Correct Errors (Two captions in single pleading) filed 8/31/04 by Hoosier Public Radio Group Response of Western Kentucky University filed 9/10/04 Application dismissed per letter ref. 1800B3-CLR on March 2, 2005.
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  • I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION TO DISMISS WKPB 71864 WESTERN KENTUCKY UNIVERSITY KY HENDERSON , KY BPED-20040701AEF 89.5 MHZ E Application filed electronically as a minor change in licensed facilities, but is actually an application for sharing time with WKPB(FM) under 47 C.F.R. Section 73.561 filed by Hoosier Public Radio Corp. Petition to Dismiss time-sharing App and Informal Opposition 8/18/2004 (WKPB) Opposition to Petition to Dismiss Time Share Application and Informal Opposition; Motion to Correct Errors (Two captions in single pleading) filed 8/31/04 by Hoosier Public Radio Group Response of Western Kentucky University filed 9/10/04 Application dismissed per letter ref. 1800B3-CLR on March 2, 2005.
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  • FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY PETITION FOR RECONSIDERATION WRFT 22366 FRANKLIN TOWNSHIP COMMUNITY SCHOOL CORP. IN INDIANAPOLIS , IN BPED-20040701AAC 91.5 MHZ E Application filed electronically as a minor change in licensed facilities, but is actually an application to share time with WRFT(FM), Indianapolis, Indiana, filed by Hoosier Public Radio Corp. under 47 C.F.R. Section 73.561. Motion to Dismiss application for time share filed 9/22/2004 (Franklin Township) Motion to Strike as Untimely Motion to Dismiss Application of HPR and Request for Hearing filed 10/12/04 by (HPR) Application dismissed per letter ref. 1800B3-CLR on March 2, 2005. Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 3/29/05 by (HPR) Petition for Reconsideration denied per letter ref. 1800B3-RDH,
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  • and Transferees; Comcast Corporation, Transferor, to Time Warner Inc., Transferee; Time Warner Inc., Transferor to Comcast Corporation, Transferee, Memorandum Opinion and Order, MB Docket No. 05-192, 21 FCC Rcd 8203 (2003) (``Adelphia Order''). RB Schools New NCE FM Station - the Commission considers 13 Applications for Review of staff decisions dismissing time share applications for failure to comply with Section 73.561(b)(2). FM Table of Allotments Caro & Cass City, MI - the Commission considers an application for review of a staff decision granting substitution of Channel 221C3 for Channel 221A at Caro, and the reallotment of Channel 221C3 from Caro to Cass City, Michigan. MX Applications for New NCE DTV station, Tulsa, OK - Commission considers two mutually exclusive applications for
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  • to allocate a nonreserved channel as reserved pursuant to Sections 73.202(a) or 73.606(a), the channel remains classified as nonreserved until release of a Commission decision granting such request. On-Air Operations: Broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g. Section 73.561(a). Population: the number of people calculated using the most recent census block data provided by the United States Census Bureau. Reserved Channels: Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located (i.e. FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk
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  • Noncommercial educational AM stations are not required to operate on a regular schedule and no minimum hours of operation are specified, but the hours of actual operation during a license period shall be taken into consideration in the renewal of noncommercial educational AM broadcast licenses. Noncommercial educational FM stations are subject to the operating schedule requirements set forth in Section 73.561 of the Commission's rules. See 47 C.F.R. § 73.1212. This rule implements Section 317 of the Act. 47 U.S.C. § 317(a)(1) (``All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the
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  • for the ``print-impaired.'' We are encouraged by the voluntary steps taken by iBiquity and NPR, so far. We urge these parties to work with IAAIS to forge a resolution that would benefit all parties involved. Operating Hours In the DAB FNPRM, we asked how the conversion to DAB would affect the ``minimum hours of operation'' requirement in Sections 73.1740 and 73.561 Under the relevant rules, AM and FM commercial stations are required to operate two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. NCE FM stations are
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  • FM station licensee before filing their Time-Share Application. For the reasons set forth below, we affirm the Bureau's dismissals of the Time-Share Applications. Background The licensees of certain existing NCE FM radio stations filed license renewal applications for their stations in 2004. With respect to each of those applications, either R B Schools or Health Radio, Inc., pursuant to Section 73.561(b) of the Rules, timely filed one of the captioned applications proposing to share time on the station's frequency. Section 73.561(b) establishes the requirements for proposing a time-sharing arrangement with an NCE FM station, including the non-consensual arrangements proposed by the Time-Share Applicants. The application filed by a non-consensual time-sharing proponent must be filed no later than the deadline for filing
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  • Sess. 1-2 (1879) (quoted in Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 140, 102 S.Ct. 894, 903, 71 L.Ed.2d 21 (1981)). Tribal Policy Statement, 16 FCC Rcd at 4080-81 (2000). The principal community contour is set forth in 47 C.F.R. §§ 73.24(i), 73.315(a), and 73.515. See FM Assignment Policies at 91-93. 47 C.F.R. § 73.7002(b). See id. §§ 73.503, 73.561. 47 U.S.C. § 307(b). See Winter Park Comm'ns, Inc. v. FCC, 873 F.2d 347, 352 (D.C. Cir. 1989) (``The FCC has broad discretion under section 307(b) to determine the public interest, and nothing in the Communications Act prevents the FCC from defining the term `community' differently in different contexts, or from adopting an interpretation that strays considerably from political boundaries'');
• http://www.fcc.gov/Bureaus/Mass_Media/Databases/documents_collection/80-621.pdf
  • establish different rate cards must take reasonable steps to assure that all brokers adhere to those rates, and otherwise comply with statutory and Commission-imposed requirements affecting political advertising.17 Other Matters 25. Shared-Time Operations18 - The NTIA petition which precipi- tated this inquiry noted that share-time licensing is already provided for in the Commission's Rules, 47 C.F.R. 73.1715 and 47 C.R.R. 73.561, but is infrequently utilized because of the difficulties which arise in the actual licensing of two operators to the same frequency. The Notice thus emphasized time brokerage as a more flexible and less capital- intensive mechanism for encouraging minority involvement. There were no comments from present share-time operators, or parties seeking to initiate such operations. However, NTIA states in reply
• 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
  • below. 70. Numerous rule sections that require the submission of informal letters to the Commission for various types of notifications or requests state erroneous addresses where the submissions should be sent. Accordingly, we shall amend the following rule sections to include the proper address within the Commission to which the submission should be sent: Sections 73.45, 73.54, 73.58, 73.68, 73.258, 73.561, 73.1350, 73.1560, 73.1580, 73.1750, 73.3542, 73.3544, 73.3549, 74.734, 74.751, 74.763, 74.784, 74.1231, and 74.1234. 71. We shall adopt revisions to 47 C.F.R. § 74.1235 of the Commission's rules with respect to the protection that must be afforded to and received from FM translator stations within 320 kilometers of the Canadian and Mexican borders. These revised protection requirements were promulgated in
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • programming or capital to afford the longer required broadcast hours). See, e.g., Comments of William T. Croghan Jr. at 9; Comments of Mid-America Broadcasting Company, Inc. at 8; Comments of Morris Broadcasting Company of New Jersey, Inc. at 9; Comments of Positive Alternative Radio, Inc. et al. at 14; Comments of University of Dayton at 9. See 47 C.F.R. § 73.561. See, e.g. Comments of NAB at 76; Comments of Buckley Broadcasting, Inc., at 16; Comments of Big City Radio, Inc. at 17; Comments of Barry Broadcasting Company at 4; Comments of Delmarva Broadcasting at 9-10. See Comments of Creative Educational Media Corporation, Inc. at 3; Comments of Mid-America Broadcasting Company at 3; Comments of Morris Broadcasting at 3; Comments of
• 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
  • to allocate a nonreserved channel as reserved pursuant to Sections 73.202(a) or 73.606(a), the channel remains classified as nonreserved until release of a Commission decision granting such request. On-Air Operations: Broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g. Section 73.561(a). Population: the number of people calculated using the most recent census block data provided by the United States Census Bureau. Reserved Channels: Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located (i.e. FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • limited-time operation, are required to operate at least 36 hours per week, consisting of at least 5 hours of operation on at least 6 days of the week. Stations licensed to educational institutions are not required to operate on Saturday or Sunday or observe the minimum operating requirements during those days when school is not in session. 47 C.F.R. Section 73.561(a). [Licensees of noncommercial educational FM applicants adhering to these requirements may answer "Yes" to this question whether or not the station is on the air on the particular day on which the license renewal application is submitted electronically.] Note: A noncommercial educational AM broadcast station is expected to provide continuous service except where causes beyond its control warrant interruption. Where
• http://www.fcc.gov/fcc-bin/audio/DA-04-957A1.pdf
  • a time sharing agreement. We have examined the applications and find no qualifications issues regarding either party. We further find that conditional grant of both Piscataway Board's renewal application and King's Temple's application for a new NCE FM station, which includes a proposal to share time with Piscataway Board, will serve the public interest, convenience, and necessity. Pursuant to Section 73.561(b)(2) of the Commission's rules,7 we are designating this matter for an expedited hearing limited solely to the issue of sharing time. It should be noted that this action is not intended to preclude the applicants, either before the commencement of the hearing or at any time during the course of the hearing, from negotiating a time sharing agreement. 4. Accordingly,
• http://www.fcc.gov/fcc-bin/audio/DA-06-1326A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1326A1.pdf
  • demonstrates, however, that RB provided a timely response on April 25, 2005. The filing was not brought to the staff's attention prior to issuance of the May 31, 2005, letter. We will therefore grant reconsideration to review the RB response. The application of RB for a new noncommercial educational (``NCE'') FM station in Winnetka, Illinois, was filed pursuant to Section 73.561 of the Commission's rules and proposed to share time with WNTH(FM), licensed to Board of Education, New Trier Township District #203 (``New Trier''). NCE FM radio stations, such as WNTH(FM), are licensed to operate for an unlimited number of hours each day, unless they operate pursuant to a time sharing arrangement with another qualified NCE broadcaster. Under Section 73.561(b) of
• http://www.fcc.gov/fcc-bin/audio/DA-06-1428A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1428A1.pdf
  • Goldsmith's informal objection. 47 U.S.C. §309(k)(1). The renewal standard was amended by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Order, Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), 11 FCC Rcd 6363 (1996). 47 U.S.C. §§ 309(k)(2), 309(k)(3). See 47 C.F.R. § 73.561(d). When service is suspended due to circumstances beyond the licensee's control, Section 73.561(d) provides that the licensee may discontinue operation for a period not to exceed 30 days without further authorization from the Commission provided that it notifies the Commission within ten days of the beginning of limited or discontinued operation. Federal Communications Commission Washington, D.C. 20554 July 12, 2006
• http://www.fcc.gov/fcc-bin/audio/DA-06-292A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-292A1.pdf
  • timely response on April 25, 2005. The filing was not brought to the staff's attention prior to issuance of the May 30, 2005, letter. We will therefore grant reconsideration to the extent that the staff erroneously dismissed Health's application. However, the application of Health for a new noncommercial educational (``NCE'') FM station in Knoxville, Tennessee, was filed pursuant to Section 73.561 of the Commission's rules and proposed to share time with WKCS(FM), licensed to Fulton High School, Knoxville, Tennessee. NCE FM radio stations, such as WKCS(FM), are licensed to operate for an unlimited number of hours each day, unless they operate pursuant to a time sharing arrangement with another qualified noncommercial broadcaster. Section 73.561(b) of the Commission's rules outlines the requirements
• http://www.fcc.gov/fcc-bin/audio/DA-06-319A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-319A1.pdf
  • FCC Rcd 8026 (2001). Public Notice of the applicants' tentative selectee status and the invitation for petitions to deny the proposals for LPFM mutually exclusive Group 83 was released on March 12, 2004. Public Notice, ``Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing,'' 19 FCC Rcd 4624 (MB Mar. 12, 2004). See 47 C.F.R. § 73.561. HCS and WORC amended the share-time agreement on February 22, 2005. See HHR Petition to Deny (filed Apr.12, 2004) at 2. See HHR Petition to Deny (filed Apr.12, 2004) at 2. See 47 C.F.R. § 73.872(c) (voluntary time-sharing by applicants with the same point totals). See HCS Opposition (filed Apr. 26, 2004) at 2. See id. at 1; see also
• http://www.fcc.gov/fcc-bin/audio/DA-07-1838A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1838A1.pdf
  • Hoosier's above-noted application seeking time-share operation of the Station (the ``Time-Share Application''). For the reasons set forth below, we deny the Petition and affirm the Staff Decision. Background. On April 14, 2004, Franklin Township filed the Renewal Application for the Station. On July 1, 2004, Hoosier filed its Time-Share Application, seeking involuntary time-share operation of the Station pursuant to Section 73.561(b) of the Commission's Rules. On August 9, 2004, Hoosier filed a Petition to Deny the Renewal Application. In the Staff Ruling, the Media Bureau granted the Renewal Application, dismissed Hoosier's Time-Share Application, and denied Hoosier's Petition to Deny and its other filings. The Petition contains a compendium of claims, alleging inter alia, that the Licensee does not exist as a
• http://www.fcc.gov/fcc-bin/audio/DA-07-1938A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1938A1.pdf
  • the issues raised by Hoosier in the Petition that were previously addressed in the Staff Decision, we note that ``[r]econsideration will not be granted to debate matters upon which the Commission has already deliberated and spoken.'' The Staff Decision fully and accurately addressed Hoosier's Time-Share Application and clearly stated the basis for its dismissal, Hoosier's failure to comply with Section 73.561(b) of the Commission's Rules (the ``Rules''). The Staff Decision clearly stated: The Commission will not entertain proposals that do not conform to these requirements. (Footnote omitted.) Hoosier's does not. Despite [Hoosier's] statements to the contrary, (footnote omitted) we find that the record clearly establishes that WHJE operates 24 hours per day and is, therefore, not subject to non-consensual proposals for
• http://www.fcc.gov/fcc-bin/audio/DA-07-1939A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1939A1.pdf
  • filed on April 11, 2005, by South Madison. For the reasons set forth below, we deny the Petition. Background. South Madison filed the Application on March 30, 2004. On August 9, 2004, Hoosier filed a ``Petition to Deny'' the Application. Additionally, on July 1, 2004, Hoosier filed its Time-Share Application seeking involuntary time-share operation of the Station, pursuant to Section 73.561(b) of the Commission's Rules. In the Staff Decision, the staff granted the Application, dismissed Hoosier's Time-Share Application, and denied Hoosier's Petition to Deny and other filings. The Petition both reiterates allegations made previously and raises new matters. Discussion. Under Section 1.106 of the Rules, as interpreted by established case law, ``reconsideration is appropriate only when the petitioner either shows a
• http://www.fcc.gov/fcc-bin/audio/DA-07-1940A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1940A1.pdf
  • ``[r]econsideration will not be granted to debate matters upon which the Commission has already deliberated and spoken.'' The Staff Decision fully and accurately addressed Hoosier's Time-Share Application and stated the basis for its dismissal. Hoosier has failed to demonstrate staff error in this action. Hoosier's application was patently defective. It was late filed and it failed to comply with Section 73.561(b) of the Commission's Rules (the ``Rules'') which governs the circumstances under which a person or entity may seek an involuntary time-share arrangement. The Staff Decision stated: The Commission will not entertain proposals that do not conform to these requirements. (Footnote omitted.) Hoosier's does not. We find that the record clearly establishes that WBDG operates 24 hours per day and is,
• http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.pdf
  • resumes operations just prior to the expiration of the one-year silent period only through the use of substantially non-conforming facilities''). 47 C.F.R. § 73.7000. On-air operations are defined as the ``broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g., § 73.561(a).'' Under 47 C.F.R. 73.561(a), NCE FM stations are required ``to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week.'' See 47 C.F.R. § 73.3598(e); In re Birach Broadcasting Corp., Memorandum Opinion and Order, 18 FCC Rcd 1414 (2003). See id.; 47 U.S.C. § 319(c);
• http://www.fcc.gov/fcc-bin/audio/DA-07-1952A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1952A1.pdf
  • Illinois Millikin University Facility ID No. 42654 File No. BRED-20040602AAT Dear Counsel: We have before us: (1) the captioned application of Millikin University (``MU'') for renewal of the license of noncommercial educational FM (``NCE FM'') radio station WJMU(FM), Decatur, Illinois; (2) the captioned application of R B Schools (``RB'') proposing a time-share arrangement for the same frequency pursuant to Section 73.561 of the Commission's rules (the ``Rules''); and (3) a Petition for Relief and Sanctions (``Petition'') filed October 20, 2005, by RB which alleges that MU violated the ex parte provisions of the Rules in the prosecution of its renewal application. For the reasons set forth below, we dismiss RB's time-share application, grant the Petition to the extent indicated, admonish MU
• http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3515A1.pdf
  • it did not. Superior filed its Petition to Deny on January 21, 2005, stating, among other reasons discussed below, that the Renewal Application should be dismissed because it was filed 140 days late. 3. On October 1, 2004, RB filed its application for an NCE FM station in Bloomfield Hills, Michigan, proposing to ``share time'' with WBFH pursuant to Section 73.561 of the Rules. Under Section 73.561(b), the Commission will consider non-consensual proposals for time sharing in connection with the renewal of an NCE FM station's license only if the incumbent NCE FM station has operated for less than 12 hours per day during the preceding license term. In addition, the party seeking to share time must first attempt to reach
• http://www.fcc.gov/fcc-bin/audio/DA-08-2360A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2360A1.pdf
  • (2) if the build-out is completed prior to KMOS-TV's switch to digital, to coordinate testing with KMOS-TV to avoid interfering with KMOS-TV operations; (3) to use only vertical polarization of its antenna; (4) to provide filters to those experiencing interference within the applicable interference contour; (5) to operate only from midnight to 6:00 am to remain in compliance with Section 73.561 of the Rules; and (6) to begin 24-hour operations only after February 17, 2009, the deadline for DTV conversion, or any new set cut-off date of the television analog signal. SEB indicates that it has obtained a letter from UCM consenting to this plan, and that it will agree to UCM's request that SEB only operate from 12:30 am to
• 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
  • to allocate a nonreserved channel as reserved pursuant to Sections 73.202(a) or 73.606(a), the channel remains classified as nonreserved until release of a Commission decision granting such request. On-Air Operations: Broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g. Section 73.561(a). Population: the number of people calculated using the most recent census block data provided by the United States Census Bureau. Reserved Channels: Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located (i.e. FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk
• http://www.fcc.gov/fcc-bin/audio/FCC-00-19A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-19A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-19A1.txt
  • programming or capital to afford the longer required broadcast hours). See, e.g., Comments of William T. Croghan Jr. at 9; Comments of Mid-America Broadcasting Company, Inc. at 8; Comments of Morris Broadcasting Company of New Jersey, Inc. at 9; Comments of Positive Alternative Radio, Inc. et al. at 14; Comments of University of Dayton at 9. See 47 C.F.R. § 73.561. See, e.g. Comments of NAB at 76; Comments of Buckley Broadcasting, Inc., at 16; Comments of Big City Radio, Inc. at 17; Comments of Barry Broadcasting Company at 4; Comments of Delmarva Broadcasting at 9-10. See Comments of Creative Educational Media Corporation, Inc. at 3; Comments of Mid-America Broadcasting Company at 3; Comments of Morris Broadcasting at 3; Comments of
• http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-99A4.pdf
  • Noncommercial educational AM stations are not required to operate on a regular schedule and no minimum hours of operation are specified, but the hours of actual operation during a license period shall be taken into consideration in the renewal of noncommercial educational AM broadcast licenses. Noncommercial educational FM stations are subject to the operating schedule requirements set forth in Section 73.561 of the Commission's rules. See 47 C.F.R. § 73.1212. This rule implements Section 317 of the Act. 47 U.S.C. § 317(a)(1) (``All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the
• http://www.fcc.gov/fcc-bin/audio/FCC-07-33A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-33A1.pdf
  • for the ``print-impaired.'' We are encouraged by the voluntary steps taken by iBiquity and NPR, so far. We urge these parties to work with IAAIS to forge a resolution that would benefit all parties involved. Operating Hours In the DAB FNPRM, we asked how the conversion to DAB would affect the ``minimum hours of operation'' requirement in Sections 73.1740 and 73.561 Under the relevant rules, AM and FM commercial stations are required to operate two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. NCE FM stations are
• http://www.fcc.gov/fcc-bin/audio/FCC-09-30A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-09-30A1.pdf
  • Sess. 1-2 (1879) (quoted in Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 140, 102 S.Ct. 894, 903, 71 L.Ed.2d 21 (1981)). Tribal Policy Statement, 16 FCC Rcd at 4080-81 (2000). The principal community contour is set forth in 47 C.F.R. §§ 73.24(i), 73.315(a), and 73.515. See FM Assignment Policies at 91-93. 47 C.F.R. § 73.7002(b). See id. §§ 73.503, 73.561. 47 U.S.C. § 307(b). See Winter Park Comm'ns, Inc. v. FCC, 873 F.2d 347, 352 (D.C. Cir. 1989) (``The FCC has broad discretion under section 307(b) to determine the public interest, and nothing in the Communications Act prevents the FCC from defining the term `community' differently in different contexts, or from adopting an interpretation that strays considerably from political boundaries'');
• http://www.fcc.gov/fcc-bin/audio/amfmrule.html
  • Antenna systems. [259]TEXT [260]PDF 73.511 Power and antenna height requirements. [261]TEXT [262]PDF 73.512 Special procedures applicable to Class D noncommercial educational stations. [263]TEXT [264]PDF 73.513 Noncommercial educational FM stations operating on unreserved channels. [265]TEXT [266]PDF 73.514 Protection from interference. [267]TEXT [268]PDF 73.515 NCE FM transmitter location. [269]TEXT [270]PDF 73.525 TV Channel 6 protection. [271]TEXT [272]PDF 73.558 Indicating instruments. [273]TEXT [274]PDF 73.561 Operating schedule; time sharing. [275]TEXT [276]PDF 73.567 Determining operating power. [277]TEXT [278]PDF 73.593 Subsidiary communications services. [279]TEXT [280]PDF 73.597 FM stereophonic sound broadcasting. [281]TEXT [282]PDF 73.599 NCE-FM engineering charts. [ [283]Section 73.599 graphs ] Subpart E -- Television Broadcast Stations [284]TEXT [285]PDF 73.601 Scope of subpart. [286]TEXT [287]PDF 73.602 Cross reference to rules in other parts. [288]TEXT [289]PDF 73.603 Numerical
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • Antenna systems. [259]TEXT [260]PDF 73.511 Power and antenna height requirements. [261]TEXT [262]PDF 73.512 Special procedures applicable to Class D noncommercial educational stations. [263]TEXT [264]PDF 73.513 Noncommercial educational FM stations operating on unreserved channels. [265]TEXT [266]PDF 73.514 Protection from interference. [267]TEXT [268]PDF 73.515 NCE FM transmitter location. [269]TEXT [270]PDF 73.525 TV Channel 6 protection. [271]TEXT [272]PDF 73.558 Indicating instruments. [273]TEXT [274]PDF 73.561 Operating schedule; time sharing. [275]TEXT [276]PDF 73.567 Determining operating power. [277]TEXT [278]PDF 73.593 Subsidiary communications services. [279]TEXT [280]PDF 73.597 FM stereophonic sound broadcasting. [281]TEXT [282]PDF 73.599 NCE-FM engineering charts. [ [283]Section 73.599 graphs ] Subpart E -- Television Broadcast Stations [284]TEXT [285]PDF 73.601 Scope of subpart. [286]TEXT [287]PDF 73.602 Cross reference to rules in other parts. [288]TEXT [289]PDF 73.603 Numerical
• http://www.fcc.gov/mb/audio/decdoc/letter/1996--04--01--kuhd.html http://www.fcc.gov/mb/audio/decdoc/letter/1996--04--01--kuhd.wp
  • of 1934, as am ended, whether an ORDER OF FORFEITURE shall be issued against the licensee in an amoun t not exceeding $250,000.00 for the willful and/or repeated violation of Section 73.5 61 and/or 73.1750 of the Commission's Rules. 7. IT IS FURTHER ORDERED, That this document constitutes a NOTICE OF APPARENT LIABILITY for willful and repeated violation of Section 73.561 and/or 73.1750 of the Commission's Rules. The Commission has determined that in every case de signated for hearing involving the potential revocation of a station license, it shall, as a matter of course, include a forfeiture notice so as to maintain the fullest possible flex ibility of action. Since the practice of including such forfeiture notice is a routine procedure,
• http://www.fcc.gov/mb/audio/decdoc/letter/1996--04--01--wshk.html http://www.fcc.gov/mb/audio/decdoc/letter/1996--04--01--wshk.wp
  • status. 2. The Commission's records indicate that WHSK(FM) has been off the air since April 1, 1988 and that the special temporary authority permitting the station t o remain silent expired September 30, 1995. Thus, WHSK(FM) has been off-air for over seven yea rs and presently is not authorized to remain silent. Consequently, KSC is in apparent violation of Sections 73.561(d) and 73.1750 of the Commission's Rules. 3. Accordingly, IT IS ORDERED, That pursuant to Section 309(e) of the Communications Act of 1934, as amended, the renewal of license application of W HSK(FM), Kokomo, Indiana, IS DESIGNATED FOR HEARING at a time and location to be specifi ed in a subsequent Order, upon the following issues: (1) To determine whether Kokomo
• http://www.fcc.gov/mb/audio/decdoc/letter/1998--10--22--newRI.html http://www.fcc.gov/mb/audio/decdoc/letter/1998--10--22--newRI.wp
  • noncommercial educational FM stations that do not operate 12 hours per day each day of the year. Such applications proposing share-time operation may be filed at any time, but "in cases where the parties are unable to agree on time-sharing, action on the application will be taken only in connection with the renewal application for the existing station." 47 C.F.R. 73.561(b). NIPR's application here is timely filed and is to be consid ered in connection with the license renewal application of station WCVY(FM), Coventry, Rhode Island (File No. BRED-971218YA). (Footnote 2.) Nevertheless, subsections (b)(1) and (b)(2) of Section 73.561 indicate that: (1 ) the licensee and prospective licensee shall endeavor to reach an agreement for a definite sc hedule of periods
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • Antenna systems. [212]TEXT [213]PDF 73.511 Power and antenna height requirements. [214]TEXT [215]PDF 73.512 Special procedures applicable to Class D noncommercial educational stations. [216]TEXT [217]PDF 73.513 Noncommercial educational FM stations operating on unreserved channels. [218]TEXT [219]PDF 73.514 Protection from interference. [220]TEXT [221]PDF 73.515 NCE FM transmitter location. [222]TEXT [223]PDF 73.525 TV Channel 6 protection. [224]TEXT [225]PDF 73.558 Indicating instruments. [226]TEXT [227]PDF 73.561 Operating schedule; time sharing. [228]TEXT [229]PDF 73.567 Determining operating power. [230]TEXT [231]PDF 73.593 Subsidiary communications services. [232]TEXT [233]PDF 73.597 FM stereophonic sound broadcasting. [234]TEXT [235]PDF 73.599 NCE-FM engineering charts. [ [236]Section 73.599 graphs ] Subpart E -- Television Broadcast Stations [237]TEXT [238]PDF 73.601 Scope of subpart. [239]TEXT [240]PDF 73.602 Cross reference to rules in other parts. [241]TEXT [242]PDF 73.603 Numerical