FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,301
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 86-338
In the Matter of
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
(Wurtsboro and Woodstock, New York)
REPORT AND ORDER
Adopted: November 20, 1986 Released: December 24, 1986
By the Acting Chief, Policy and Rules Division:
1. The Commission has before it for consideration the
Notice of Proposed Rule Making, 50 Fed. Reg. 49080,
published November 29, 1985, issued on our own motion,
to substitute Channel 247A for Channel 261A at Wurtsboro,
New York, and to rescind an earlier substitution of
Channel 272A for Channel 261A and modification of
Station WDST-FM's license at Woodstock, New York.
Following the allocation of Channel 261A to Wurtsboro
in 1983.', applications were filed by Jerome Gillman, Inc.
("Gillman") (BPH-831201AE) and Preston Mark and Susan
Lea Pollack ("Pollacks") (BPH-840605ID). However,
in processing the applications, the Commission found that
there was no site available which could provide the required
city-grade coverage to Wurtsboro and also meet the
spacing requirements of Section 73.207 of the Commission's
Rules. Both applicants had specified sites which
failed to comply with either the spacing or city-grade
coverage requirements. Comments in response to the Notice
were filed by Gillman and the Pollacks. Reply comments
were also filed by Gillman.
2. The Pollacks support the proposed channel
substitution. They state that their previously specified site
for Channel 261A can now be specified for the new
channel in compliance with the Commission's rules. Gillman
does not address the efficacy of allocating Channel
247A to Wurtsboro nor whether any transmitter sites
would be available. Rather, his comments address the
merits of the two applications and urge the Commission
to process them as filed specifying Channel 261A.
3. We believe the public interest would be served by
substituting the channels at Wurtsboro as proposed.
Granting either of the applications for Channel 261A
would require the Commission to waive its city-grade
coverage or mileage separation requirements, an action
which is neither desirable nor necessary in light of the
availability of Channel 247A. The allocation of Channel
247A to Wurtsboro is further enhanced since it does not
require an existing station to disrupt its service to the
public by changing its channel of operation. We will not
address the comments of Gillman pertaining to the relative
merits of its application and that of the Pollacks since
the issues raised are more properly handled in connection
with the processing of the amended applications. As stated
in the Notice, the applicants will retain their cut-off
protection since the substituted channel is equivalent.
4. Channel 247A can be allocated to Wurtsboro in
compliance with the Commission's minimum distance
separation and other technical requirements with a site
restriction of 4 kilometers (2.5 miles) northwest. Canadian
concurrence in the allocations has been received
since both communities are located within 320 kilometers
(200 miles) of the U.S.-Canada border. Further, we will
rescind the modification of Station WDST-FM's license to
specify operation on Channel 272A and amend the Table
to reflect the continued allotment of Channel 261A at
Woodstock on which Station WDST-FM is currently operating.
5. Accordingly, pursuant to the authority contained in
Sections 4(i), 5(c)(1), 303(g) and (r) and 307(b) of the
Communications Act of 1934, as amended, and Sections
0.61, 0.204 and 0.283 of the Commission's Rules, IT IS
ORDERED, That effective February 9, 1987, the FM
Table of Allotments, Section 73.202(b) of the Commission's
Rules, IS AMENDED for the communities listed
below, to read as follows:
Woodstock. New York
Wurtsboro, New York
6. IT IS FURTHER ORDERED, That the modification
of the license of Woodstock Communications, Inc. for
Station WDST-FM, Woodstock, New York, to specify operation
on Channel 272A in lieu of its present Channel
261A IS RESCINDED.
7. IT IS FURTHER ORDERED, That the Secretary of
the Commission SHALL SEND by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a copy of this Report
and Order to the following applicants for Channel 261A
at Wurtsboro and to Woodstock Communications, Inc.
Jerome Gillman, Inc.
Shady, New York 12479
Woodstock Communications, Inc.
118 Tinker Street
Woodstock, New York 12498
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/40/: accessed February 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.