FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,763
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standard contour prediction method specified in Section 73.313 of the Rules6-and are more than twenty-
five miles from the center of Hardinsburg.7
3. On October 28, 2003, the Commission's Enforcement Bureau, responding to a complaint that
WULF(FM)'s main studio was not in compliance with the main studio Rule, sent Skytower a letter of
inquiry ( "LOI") requesting detailed information about the location of WULF(FM)'s main studio."
4. On November 12, 2003, Licensee responded to the LOI, and alleged for the first time that the
233 West Dixie Studio location was encompassed by the Station's "extended" 70 dBu contour as derived
from a supplemental coverage analysis which relied on the Longley-Rice propagation model.' Licensee
maintained that its showing was acceptable because the Station's recalculated 70 dBu contour extended
36 percent farther than the contour calculated using the standard prediction methodology specified in the
Rules.
5. On January 14, 2004, Licensee filed with the Bureau a "Request for Determination Regarding
Compliance with Main Studio Rule" ("Request for Determination")'o and at the same time filed a
supplement to its showing filed with the Enforcement Bureau." On August 24, 2004, the Enforcement
Bureau closed its investigation without taking action, but cautioned Licensee that it "should not construe
the closing of the investigation as a determination that a violation did not occur."12
6. The Request for Determination repeated the arguments made in Licensee's November and
January filings with the Enforcement Bureau, and requested a waiver of Section 73.1125, as alternative
relief. On September 17, 2010, the staff issued the NAL, which addressed Licensee's arguments as well
6 47 C.F.R. 73.313. Hardinsburg has only two stations, WULF(FM), a Class C2 station, and WXBC(FM), a Class
A station.
7 Section 73.1125 provides, in pertinent part, that an FM station's main studio must be located within the 70 dBu
principal community contour, within twenty-five miles from the center of the community of license, or within the
principal community contour of any AM, FM or TV broadcast station licensed to the station's community of license.
a The Enforcement Bureau Letter directed Skytower to provide, inter alia, the geographic coordinates of
WULF(FM)'s main studio, a map demonstrating compliance with Section 73.1125(a) for both the temporary and
planned permanent studios, tabular data supporting the map, and confirmation of continued main studio use. See
Response, Ex. 1 (Letter from Joseph Casey, Chief, Spectrum Enforcement Division, Enforcement Bureau, FCC, to
Mark Lipp, Esq., counsel for Skytower (Oct. 28, 2003)).
9 See NAL, 25 FCC Rcd at 13205. See also Rice, P.L., Longley, A.G., Norton, K.A., Barsis, A.P., Transmission
Loss Predictions for Tropospheric Communications Circuits, NBS Technical Note 101 (Revised), Volumes I and II,
U.S. Department of Commerce, 1967.
10 In the NAL, we noted that the Commission's procedural Rules make no provisions for "Requests for
Determination." We thus considered the pleading substantively as a request for a declaratory ruling pursuant to 47
C.F.R. 1.2.
" These pleadings address the technical appropriateness of Licensee's Longley-Rice showing based on an
unpublished letter, Cumulus Licensing Corp., Letter, Aug. 8, 2003. That letter applied a threshold test in which
terrain along the path between transmitter site and the relocated main studio would be deemed to depart widely from
the 50 meter norm only if the value of delta-h (the distance, in meters, between elevations exceeded, by all points on
a terrain profile, for 10 percent and 90 percent, respectively, of the length of the profile segment. See 47 C.F.R.
73.133(f)) - a measure of terrain roughness - was 20 meters or less, or 100 meters or more. This threshold test was
ultimately found to be not "mn effect" and "not binding." See Letter to Christopher Sova, Esq Re KFME(FM) from
Peter H. Doyle, Chief Audio Division, Media Bureau (March 5, 2004), aff'd sub nom. CMP Houston-KC, LLC,
Memorandum Opinion and Order, 23 FCC Red 10656 (2008).
12 Letter to Mark Lipp, Esq., counsel to Skytower, from Joseph P. Casey, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Ref EB-03-TS-003, Aug. 16, 2004.5763
Federal Communications Commission
DA 12-822
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc111171/m1/106/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.