File No. BPED-885
FEDERAL COMMUNICATIONS
COMMISSION
13 F.C.C.2d 751 (1968)
RELEASE-NUMBER: FCC 68-706
July 3, 1968 Adopted
BY THE COMMISSION: COMMISSIONERS BARTLEY AND
JOHNSON CONCURRING AND ISSUING A STATEMENT; COMMISSIONER WADSWORTH ABSENT.
[*751] 1. The Commission has before it for consideration:
(a) The above captioned application, (b) the informal objection to the proposal
lodged by Lunde Corp., licensee of station KLFM (FM), Ames, lowa, and (c)
responsive informal pleadings.
2. Lunde Corp. objects to the proposal only insofar as it would
increase the effective radiated power of a noncommercial educational station
beyond the 100-kw limit applicable to class C commercial FM stations in that
area. Such an increase, it contends, would be inappropriate because it
would permit WOI-FM to obtain an inordinate share of the FM audience and would
likely result in the "grandfathering" of an operation which exceeds
the power limitations the Commission contemplates adopting (Notice of Inquiry
in Docket 14185 -- FCC 67-1007).
3. WOI-FM's response disputes the existence of any public
detriment in permitting the proposed increase and questions the impact such an
increase by an educational station would have on a commercial station. It
also asserts that since the Notice of Inquiry merely stated that applications
such as this would not necessarily be granted, there is no reason for not granting
its application.
4. In our view, Lunde's arguments regarding the competitive
impact of the proposal do not provide a valid basis for withholding grant of
this proposal. Beyond this, however, is the question of the treatment to
be accorded such applications during pendency of the rulemaking
proceeding. At the time we adopted the Notice no conclusion had been
reached, and as a result, no specific policy was enunciated. In our First
Report and Order in Docket 14185 (27 F.R. 7765, FCC 62-866,23 R.R. 1801 (1962),
we set forth the reasons (par. 79) for limiting commercial FM stations to
certain maximum powers. The Notice of Inquiry [*752] (31 F.R.
14755, 5 FCC 2d 587, 2 R.R. Current Service, 53:351 (1966)) currently extant
seeks to determine whether or not these same considerations apply to
noncommercial educational FM broadcast stations. Inasmuch as authorizing
superpower such as proposed by WOI-FM could limit the Commission's flexibility
in allocating channels should a table of assignments be adopted, we are of the
view that the public interest would be best served by making no further grants
for powers in excess of the proposed limitations until this proceeding is
concluded. We make this determination with the knowledge that it would
still permit operations with quite substantial facilities. If the
proposed limit is not adopted, stations would be able to renew their requests
for greater facilities. In the meantime, action on applications for power
increases by stations above these limits would be withheld. For those
initially proposing higher power or those below the limits seeking to increase
power above these levels, we will make partial grants. This will permit
educational stations to obtain substantial facilities while preserving our
freedom of action in the rulemaking proceeding.
5. In all other respects applicant is fully qualified and its
application will be granted but with an effective radiated power of 100
kw. Under section 1.110 of our rules WOI-FM may reject such grant and
request a hearing on its proposal.
6. Accordingly, It is ordered, That the relief requested by Lunde
Corporation Is granted to the extent indicated, and the subject application Is
granted with effective radiated power specified as 100 kw.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURRING
STATEMENT OF COMMISSIONERS ROBERT T. BARTLEY AND NICHOLAS JOHNSON
We concur in granting the 100-kw operation but would approve the full
213.25 kw as requested by the applicant.