FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,002
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Federal Communications Commission
Washington, D.C. 20554
March 31, 2011
In Reply Refer to:
Released: March 31, 2011
Marnie K. Sarver, Esq.
Wiley Rein LLP
1776 K Street, N.W.
Washington, DC 20006
Re: FM Broadcast Auction 91
WFCR Foundation, Inc.
Form 175 Application to Participate
in FM Broadcast Auction 91
The Commission has received WFCR Foundation, Inc.'s ("WFCR") Petition for Reconsideration
("Petition") of the staff's March 10, 2011, letter.' In the Acceptance Letter, the staff indicated that,
according to its analysis, which was based on ground conductivity data from Figure M3 only, the daytime
principal community (5 mV/m) contour of WFCR's station WNNZ(AM) overlaps the predicted principal
community contour of FM allotment MM-FM797-A at Adams, Massachusetts, the only Auction 91 FM
allotment WFCR selected in its FCC Form 175 application. Under Section 73.5007(b) of the
Commission's Rules, an applicant is not entitled to a bidding credit if any commonly controlled mass
media facility serves the "same area" as the broadcast permit selected in the short-form application.'
Because the staff found that the Adams allotment is in the "same area" as WNNZ(AM), it concluded in
the Acceptance Letter that WFCR was ineligible to claim a new entrant bidding credit in Auction 91.3
On March 17, 2011, WFCR filed the Petition, presenting its own study of WNNZ(AM)'s daytime
principal community (5 mV/m) contour. WFCR's contour analysis is based on measured ground
conductivity data from a full proof of performance done for WNNZ(AM) in 1987,4 supplemented by data
from Figure M3 where measured data were not available.5 Based on the measured ground conductivity
data, which was accepted by the Commission when submitted in 1987, WFCR contends there is no
'Mr. Richard Malawista, Letter, Ref. No. 1800B3-TSN (MB Mar. 10, 2011) ("Acceptance Letter").
2 47 C.F.R. 73.5007(b).
3 See Acceptance Letter, citing 47 C.F.R. 73.5007(b).
4 See File No. BL-19870622AF.
See 47 C.F.R. g 73.183(b)(1). 73.190 Figure R3.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/174/: accessed July 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.