The Petition For Reconsideration filed by University Of Washington Bothell, Bothell, WA 104.9 MHz has been granted and their LPFM application has been reinstated.
Before The FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554
In re Application of: ) ) UNIVERSITY OF WASHINGTON BOTHELL ) ) For An Original Construction Permit for a New ) Low Power FM Station at Bothell, WA )
To: Media Bureau, Audio Division
File No. BNPL-20131114BFU Facility ID No. 197326
PETITION FOR RECONSIDERATION AND REINSTATEMENT NUNC PRO TUNC
The University of Washington Bothell (“UW Bothell”), by its counsel and pursuant to Section 1.106 of the Commission’s rules, petitions for reconsideration of the dismissal, and reinstatement nunc pro tunc, of the above-captioned original construction permit application (the “Application”) for a new low power FM station at Bothell, Washington.
By letter dated February 20, 2014 (copy attached), the FCC dismissed the Application because it failed to meet the minimum spacing requirements of 47 C.F.R. § 73.807, specifically with respect to short-spacing to the second adjacent facilities for KMCQ(FM), Covington, Washington and KCMS(FM), Edmonds, Washington. The letter further indicated that the Application recognized these short-spacings and requested a second-adjacent waiver, but that the waiver request did not adequately demonstrate that no interference will occur. The letter further indicated that the Application could be amended within 30 days of the letter to cure acceptance defects under the FCC’s nunc pro tunc reinstatement policies.
In response, UW Bothell timely submits this Petition for Reconsideration with a minor change engineering amendment to the Application which resolves the issue identified by the
letter. The technical amendment proposes a different transmitter site (moving from one building on the UW Bothell campus to another), along with changes in power and antenna height. Moreover, the second adjacent channel waiver request has been expanded to fully demonstrate the complete lack of potential listeners in the interference area, with appropriate documentation including a transmitter site map, a tower diagram, free space calculations, and additional details, materials, figures and explanation.
UW Bothell therefore submits that reconsideration and reinstatement nunc pro tunc is appropriate in this instance given the minor nature of this curative amendment and its submission within 30 days of the initial dismissal of the minor change application. See Commission Statement of Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications, Public Notice, 56 RR 2d 776 (July 27, 1984).
For these reasons, UW Bothell submits that the Application, as amended, fully resolves the issue identified by the Audio Division in the February 20, 2014 dismissal letter, such that the Application is now acceptable for filing. UW Bothell further submits that reinstatement of the Application will serve the public interest by hastening the inauguration of a new noncommercial low power radio service to the Bothell, Washington area. UW Bothell therefore respectfully requests nunc pro tunc reinstatement of the Application, as amended, and its continued processing.
Gray Miller Persh LLP 1200 New Hampshire Ave., NW Washington, DC 20036 (202) 776-2458
March 19, 2014
UNIVERSITY OF WASHINGTON BOTHELL
By: /s/ Barry S. Persh Margaret L. Miller
Barry S. Persh Its Counsel
MEDIA BUREAU AUDIO DIVISION APPLICATION STATUS: (202)418-2730 HOME PAGE: http://www.fcc.gov/mb/audio/
University of Washington Bothell Box 351242 214 Gerberding Hall Seattle, WA 98 195-1242
FEB 2 0 2014
ENGINEER: James Bradshaw
TELEPHONE: (202) 418-2700 FACSIMILE: (202) 418-1410/1411 MAIL STOP: 1800B3
INTERNET ADDRESS: firstname.lastname@example.org
NEW-LP, Bothell, WA Facility ID No. 197326 Univeristy of Washington Bothell File No. BNPL-20131114BFU
cc: Donald E. Mussell Jr.
FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, SW WASHINGTON, DC 20554
The staff has under consideration the above-captioned application for a new low power FM (LPFM) station.
An engineering study has revealed that the proposed transmitter site specified in the application fails to meet the minimum spacing requirements of 47 C.F.R. § 73.807. Specifically, the site proposed is short-spaced to the second adjacent facility for KIvICQ(FM) (BLH-2O10012SAEW), Covington, WA and KCMS(FM) (BLH- 200IO212AAE), Edmonds, WA. The application recognizes these short-spacings and requests a second- adjacent waiver. However, the waiver request does not adequately demonstrate that no interference will occur. The application includes plots showing the extent of the interference area, and a statement that the interference area “is a normally un-occupied campus building and private driveway.” However, based on this statement, we must assume the buildings are occupied at some times. This is not sufficient to demonstrate the complete lack of potential listeners in the interference area. Therefore, the application is unacceptable for filing and will be dismissed. Please note that an adequate demonstration of no interference should contain items such as a map of the proposed interference area, a tower diagram, a satellite or aerial photograph, the antenna manufacture’s vertical radiation pattern, and/or any details about any nearby structures or major roadways.
Accordingly, in light of the above, application BNPL-20l31 I I4BFU is unacceptable for filing pursuant to 47 C.F.R. § 73.3566(a) and IS HEREBY DISMISSED. This action is taken pursuant to 47 C.F.R. § 0.283
Under the Public Notice entitled “Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications,” FCC 84-366, released August 2, 1984, the Commission indicated that it would reinstate applications nunc pro tunc where the original application was dismissed and where a minor curative amendment was filed within thirty days. Please note that any amendment submitted for this purpose must be received within 30 days of the Public Notice of the dismissal of the application and must correct ALL acceptance defects with the application. This includes any defects that may not have been identified in the dismissal letter.
James D. Bradshaw Deputy Chief Audio Division Media Bureau