*Pages 1--7 from Microsoft Word - 4475.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418- 0500 445 12th STREET, S. W. Fax- On- Demand: (202) 418- 2830 WASHINGTON, D. C. 20554 Internet: http:// www. fcc. gov ftp. fcc. gov DA 00- 2416 October 27, 2000 AM Auction No. 32 Mutually Exclusive Applicants Subject to Auction Settlement Period for Groups which Include a Major Modification Applicant Filing Period for Section 307( b) Submissions Report No. AUC- 00- 32- E (Auction No. 32) On November 19, 1999, the Mass Media Bureau and the Wireless Telecommunications Bureau (collectively the “Bureaus”) announced a five- day period, from January 24, 2000 to January 28, 2000, for the filing of applications for new AM stations and major modifications to authorized AM stations. 1 The filing window was subsequently extended to February 1, 2000. 2 By this Public Notice, the Bureaus provide, as Attachment A, a list of all applications received during the filing window, as extended, that are mutually exclusive with other applications submitted in the filing window. 3 Since the applications 1 AM Auction Filing Window and Application Freeze; Notice and Filing Requirements Regarding January 24 – 28, 2000 Window for Certain AM Construction Permits; Notice Regarding Freeze on the Acceptance of AM Minor Change Construction Permits from December 24, 1999 to January 21, 2000, Public Notice, 14 FCC Rcd 19490 (1999) (“ November 19, 1999, Public Notice”). Since any mutually exclusive application filed during the window would be subject to the Commission’s auction procedures, see note 4 infra, applicants were required to file electronically a FCC Form 175. They also were required to file Section I and the Section III- A Tech Box of FCC Form 301, Application for Construction Permit. These sections permitted the staff to determine mutual exclusivities between applicants. 2 AM Auction Filing Window and Application Freeze Extended to February 1, 2000, Public Notice, 15 FCC Rcd 1910 (2000). A Remedial Filing Window from July 31, to August 4, 2000 was established for certain specified entities. See AM Auction Remedial Filing Window, Notice and Filing Requirements Regarding July 31- August 4, 2000 Remedial Filing Window for AM Auction, Public Notice, DA 00- 1582 (July 14, 2000). 3 In determining mutual exclusivity among the AM applications, the staff employed technical standards consistent with the Commission proceeding undertaken to revitalize and improve the AM service. See Review of the Technical Assignment Criteria for the AM Broadcast Service, 6 FCC Rcd 6273 (1991), recon granted in part and 1 2 listed in Attachment A are mutually exclusive with at least one other proposal, they are subject to the Commission’s competitive bidding procedures. 4 By this Public Notice, the Bureaus announce a settlement period for certain specified groups of mutually exclusive AM applicants and a period for filing 47 U. S. C. § 307( b) supplementary information, if relevant; the deadline for both is December 29, 2000. Anti- Collusion Rule. The prohibition of collusion set forth in 47 C. F. R. § 1. 2105( c) becomes effective upon the filing of FCC Form 175, Application to Participate in an FCC Auction, and applies to all broadcast service auctions. See 47 C. F. R. § 73.5002( d). However, in certain circumstances, the Commission will allow a limited opportunity to settle, or otherwise resolve mutual exclusivities by means of engineering solutions, following the filing of the FCC Form 175 applications. 5 Specifically, mutually exclusive groups listed in Attachment A consisting of either (1) major modification AM applications that are mutually exclusive with each other; or (2) major modification and new station AM applications that are mutually exclusive with each other, may submit settlement agreements or technical solutions to the Commission during the period which commences with the release of this public notice and ends December 29, 2000. The Commission will proceed to auction any competing mutually exclusive applications that are not resolved by the parties. Mutually exclusive groups consisting of only new station applications will be resolved through auction procedures. 6 Applicants who are permitted to resolve their mutual exclusivities through settlement, described supra, must ensure that their settlement agreements comply with the provisions of 47 U. S. C. § 311( c) and pertinent requirements of 47 C. F. R. § 73.3525, including, inter alia, reimbursement restrictions. 7 In the interest of expediting new service to the public, conserving agency resources, and preserving the efficacy of the anti- collusion rules in general, only universal settlements will be considered. 8 To facilitate processing, applicants who intend to settle should promptly notify the staff in writing that a pre- auction settlement is forthcoming. The prevailing party in the universal settlement proposal must submit the agreements and affidavits required by 47 C. F. R. § 73.3525. 9 The staff will request a complete FCC Form 301, Application for Construction Permit for Commercial Broadcast Station, from the prevailing party upon approval of the settlement submission. denied in part, 8 FCC Rcd 3250 (1993). The staff also applied the following rule sections: 47 C. F. R. §§ 73. 37, 73.182, 73. 183( b)( 1). 4 See 47 U. S. C. § 309( j); 47 C. F. R. § 73. 5000( a); see generally, First Report and Order, Implementation of Section 309( j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920 (1998) (“ Broadcast First Report and Order”). In addition, Attachment A includes six applications inadvertently listed on AM Auction No. 32 Non- Mutually Exclusive Applications, Public Notice DA 00- 2142 (September 22, 2000). 5 See Broadcast First Report and Order, 13 FCC Rcd at 15927, 15980- 81. 6 Id; see also Orion Communications Limited v. FCC, 213 F. 3d 761 (D. C. Cir. 2000). 7 See 47 C. F. R. § 73. 3525. 8 On reconsideration of the Broadcast First Report and Order, the Commission expressly declined to adopt wide- ranging exceptions to the anti- collusion rule and liberally allow settlement submissions in the broadcast auction context. Implementation of Section 309( j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 14 FCC Rcd 8724, 8755- 8756 (1999). 9 See “When and Where to File,” infra. 2 3 Applicants who are permitted to resolve their mutual exclusivities by means of engineering solutions, described supra, may do so by submitting Section I and the Tech Box of Section III- A of FCC Form 301 (May 1999 version). The staff will request a complete Form 301 upon confirmation that the engineering submission does, in fact, resolve the specific mutual exclusivity. Technical amendments submitted by applicants to resolve their mutual exclusivities must be minor, as defined by the applicable rules of the AM service, and must not create new mutual exclusivity or application conflict. See 47 C. F. R. § 73.3572. Consistent with the Broadcast First Report and Order and 47 C. F. R. § 73.5002, such engineering submissions must resolve the mutual exclusivities for the entire group. 307( b) Determination. In the Broadcast First Report and Order, the Commission determined that its competitive bidding authority should be harmonized with its statutory duty under 47 U. S. C. § 307( b) to effect an equitable distribution of radio stations throughout the United States. Therefore, the Commission directed the staff to undertake a traditional Section 307( b) analysis prior to conducting an auction for mutually exclusive AM applications proposing to serve different communities. See Broadcast First Report and Order, 13 FCC Rcd at 15964. Accordingly, for those mutually exclusive groups listed in Attachment A proposing to serve different communities, a 307( b) analysis is required. In order to evaluate the Section 307( b) considerations, the staff requires submission of additional information. Specifically, where the mutually exclusive group consists of proposals to serve different communities, each applicant within the group must submit by December 29, 2000, an amendment containing supplemental information including the following: (1) the area and population within the proposed 2 mV/ m and 0. 5 mV/ m contours; (2) the number of stations licensed to the proposed community of license; (3) the number of stations providing protected service to the proposed community of license; (4) the population (according to the latest Census data) of the proposed community of license; (5) a description of the civic, cultural, religious, social and commercial attributes of the proposed community of license; and (6) any other information determined relevant. 10 See, e. g. Elijah Broadcasting Corporation, 2 FCC Rcd 4468, 4480- 4481 (ALJ Stirmer, 1987); Radio Greenbrier, Inc., 80 FCC 2d 125, 126- 135 (ALJ Lozner, 1979). The staff will dismiss, without further processing, the previously filed FCC Form 175 application and technical submission of any applicant that fails to file an amendment addressing the Section 307( b) criteria by December 29, 2000. See 47 C. F. R. § 73. 3568( a)( 1). Submitted Section 307( b) data must be based on the technical proposal as specified in the AM Auction filing window application. Mutually exclusive AM applicants may not change the technical proposal specified in the AM Auction filing window application, except as provided, supra. See Broadcast First Report and Order, 13 FCC Rcd at 15976. If a mutually exclusive group which is eligible to submit engineering solutions or settlements does not do so by December 29, 2000, and the applications in that group propose to serve different communities of license, each applicant within the group must submit an amendment addressing the Section 307( b) criteria by December 29, 2000. When and Where to File: An original and four copies of all engineering proposals to resolve mutual exclusivity, settlement agreements, and Section 307( b) submissions must be filed on or before December 29, 2000, with the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S. W. Room TW- A325, Washington, D. C. 20054. In addition, it is requested that a courtesy copy of all such filings be delivered to James 10 The Commission’s service priorities when making a Section 307( b) determination are: (1) first full- time aural service; (2) second full- time aural service; (3) first local service, and (4) other public interest matters. Second Report and Order, FM Channel Policies/ Procedures, 90 FCC 2d 88, 90- 93 (1982); recon. denied, 56 RR 2d 448 (1984). Priorities (2) and (3) are given equal weight. These priorities were first applied in Section 307( b) determinations in the AM context by the Review Board in Alessandro Broadcasting Co., 56 RR 2d 1568 (Rev. Bd. 1984). 3 4 Crutchfield, Audio Services Division, Mass Media Bureau, Federal Communications Commission, 445 12 th Street, S. W., Room 2- B450, Washington, D. C. 20554. The staff will withhold further action on the mutually exclusive AM applications listed in Attachment A, pending submission of settlement agreements or engineering proposals to resolve mutual exclusivity and Section 307( b) supplementary information. For additional information, contact Lisa Scanlan or Ed DeLaHunt of the Audio Services Division at (202) 418- 2700. The Form 175 is available for review electronically via the Internet. 11 In the browser location field, enter http:// wtbwww15.fcc. gov and then click 175 Review. Netscape Communicator 4.73 is recommended. However, Netscape Communicator 4.5, 4. 51, 4. 61, 4. 7, or 4. 72 (Internet web browser software) can also be used. Note: To download Netscape Communicator 4.73 free of charge, access the Netscape download site at: http:// home. netscape. com/ download/. For technical assistance contact the FCC Technical Support Hotline at (202) 414- 1250 (V) or (202) 414- 1255 (TTY). The FCC Technical Support is generally available from 7 a. m. to 10 p. m. EST, Monday though Friday, 8 a. m. to 7 p. m. EST, Saturday, and 12 p. m. to 6 p. m. EST, Sunday. All calls to the FCC Technical Support Hotline are recorded. This Public Notice contains the following Attachment: Attachment A: AM Mutually Exclusive Applicants Subject to Auction 11 The mutually exclusive applicants’ FCC Form 301 Section I and the Section III- A Tech Box submissions filed during the AM Auction filing window are available for review in the Commission’s Reference Information Center. 4 ATTACHMENT A AM Mutually Exclusive Applicants Subject to Auction The mutually exclusive AM application groups listed in this attachment encompass three categories. Processing treatment will reflect the particular category type. Specifically: Category I: Mutually exclusive AM application groups which include at least one AM major modification applicant and are therefore entitled to settle or otherwise resolve mutual exclusivities by means of engineering solutions. If such an application group does not file a settlement agreement or engineering solution by the established deadline and the applications in that group propose to serve different communities of license, each applicant within the group must submit an amendment addressing the Section 307( b) criteria by December 29, 2000. These application groups will proceed to auction if they do not file a settlement agreement or engineering solution by the established deadline and the Section 307( b) determination is not dispositive. Category II: Mutually exclusive AM application groups ineligible for settlement, but for which a Section 307( b) showing is required. If the Section 307( b) determination is not dispositive, these mutually exclusive AM application groups will proceed to auction. Category III: Mutually exclusive AM application groups ineligible for settlement and for which no Section 307( b) showing is required. These groups need submit nothing at this time and will proceed to auction. Call Company Name Location Freq MX Grp Category WSFN MarMac Communications, L. L. C. Brunswick, GA 570 AM01 I New Palmetto Radio Group, Inc. Garden City, GA 570 AM01 I New Ronald W. Matheny dba Murphy Broadcasting System Dock Junction, GA 570 AM01 I New Escanaba License Corp. Houghton, MI 640 AM02 I New Jeffrey N. Eustis Manistique, MI 650 AM02 I WMBE Maszka Pacer Radio, Inc. Chilton, WI 650 AM02 I New Canandaigua Broadcasting, Inc. Canandaigua, NY 650 AM03 II New Palmetto Radio Group, Inc. Mooers, NY 650 AM03 II New Green Valley Broadcasters, Inc. Sahuarita, AZ 670 AM04 II New KEMP COMMUNICATIONS, INC Las Vegas, NV 670 AM04 II New Nelson Multimedia, Inc. Las Vegas, NV 670 AM04 II New Guardian Communications, Inc. Bosque Farms, NM 700 AM05 II New McCook Radio Group, L. L. C. McCook, NE 700 AM05 II New The Watch, Inc. Wylie, TX 700 AM05 II New Fargo Moorhead Radio City, L. L. C. Fargo, ND 740 AM06 II New Jeffrey G. Dress Fargo, ND 740 AM06 II New Pamplin Broadcasting- Washington, Inc. Redmond, WA 740 AM06 II New Pamplin Broadcasting- Washington, Inc. Hoquiam, WA 730 AM06 II New Pamplin Broadcasting- Washington, Inc. Opportunity, WA 740 AM06 II New Kidd Communications Fallon, NV 750 AM07 II New Sierra Broadcasters, LLC Independence, CA 750 AM07 II New KM Communications, Inc. South Hill, NY 750 AM08 II New Manchester Radio Partners Manchester, NH 750 AM08 II New Romar Communications Inc. Lansing, NY 750 AM08 II New Jeffrey B. Bate Winchester, NV 790 AM09 I New Las Vegas Broadcasters Partnership Las Vegas, NV 760 AM09 I KTBA Western Indian Ministries, Inc. Tuba City, AZ 760 AM09 I 5 6 Call Company Name Location Freq MX Grp Category WKLN Chesapeake- Portsmouth Broadcasting Corporation Yulee, FL 770 AM10 I New Palmetto Radio Group, Inc. Nassau Village- Ratliff, FL 770 AM10 I New Timothy C. Cutforth Burns, WY 780 AM11 II New Timothy C. Cutforth Pueblo, CO 780 AM11 II New MBC Grand Broadcasting, Inc. Palisade, CO 810 AM12 II New Palmetto Radio Group, Inc. Taylorsville- Bennion, UT 820 AM12 II New Elgin FM Limited Partnership McGregor, TX 840 AM13 I KJON Monroe- Stephens Broadcasting, Inc. Carrollton, TX 850 AM13 I New American Community Oriented Radio Network, Inc. Bunnell, FL 830 AM14 II New Dale Hendrix Norcross, GA 830 AM14 II New Frank McCoy Sandy Springs, GA 830 AM14 II New Garner Ministries, Inc. Bremen, GA 830 AM14 II New Jeffrey N. Eustis Dunwoody, GA 830 AM14 II New The MacDonald Broadcasting Company Charleston, SC 830 AM14 II New The MacDonald Broadcasting Company Orange Park, FL 830 AM14 II New Three Sisters Minority Communication, Inc. Union City, GA 830 AM14 II New William B. McCarter Suwanee, GA 830 AM14 II KTRB Bessie Grillos d/ b/ a The Pete Pappas Company San Francisco, CA 860 AM15 I New Bessie Grillos d/ b/ a The Pete Pappas Company Modesto, CA 840 AM15 I KABN Chester P. Coleman Palmer, AK 840 AM15 I New Children's Cross Cultural Communications Foundatio Sonoma, CA 840 AM15 I New Pamplin Broadcasting, Inc. Del Rey Oaks, CA 840 AM15 I New Timothy C. Cutforth Burns, WY 890 AM16 II New Timothy C. Cutforth Fountain, CO 890 AM16 II New Horizon Broadcasting Group LLC Prineville, OR 1060 AM17 I New James K. Zahn Clovis, CA 1040 AM17 I New Kidd Communications Sparks, NV 1060 AM17 I New KM Communications, Inc. Fowler, CA 1040 AM17 I New KM Communications, Inc. Elk Grove, CA 1030 AM17 I New Pamplin Broadcasting- Washington, Inc. Union Gap, WA 1060 AM17 I New ROYCE INTERNATIONAL BROADCASTING COMPANY Folsom, CA 1030 AM17 I KTCT Susquehanna Radio Corp. San Mateo, CA 1050 AM17 I New Susquehanna Radio Corp. Folsom, CA 1030 AM17 I WOAP 1090 Investments, L. L. C. Waverly, MI 1080 AM18 I New Great Lakes Community Broadcasting, Inc. Mecosta, MI 1070 AM18 I New Richard J. Vanden Berg Iron Mountain, MI 1080 AM18 I New Palmetto Radio Group, Inc. Dilworth, MN 1100 AM19 II New Timothy C. Cutforth Lamar, CO 1100 AM19 II New KEMP COMMUNICATIONS, INC Las Vegas, NV 1100 AM20 II New Lotus Broadcasting Corp. Las Vegas, NV 1100 AM20 II New Palmetto Radio Group, Inc. Sunrise Manor, NV 1100 AM20 II New ROBERT E. COMBS Boise, ID 1100 AM20 II New Amedia St. Cloud, FL 1160 AM21 I New Brantley Broadcast Associates Saraland, AL 1160 AM21 I WRPM Dowdy & Dowdy Partnership Poplarville, MS 1170 AM21 I New Alpine Broadcasting Corporation Cleveland, MO 1160 AM22 II New Maple River, LLC Hornick, IA 1160 AM22 II 6 7 Call Company Name Location Freq MX Grp Category KEX Citicasters Co. Portland, OR 1190 AM23 I KMYL Interstate Broadcasting Systems of Arizona, Inc. Tolleston, AZ 1190 AM23 I New Kidd Communications Truckee, CA 1180 AM23 I New Pamplin Broadcasting- Oregon, Inc. Jacksonville, OR 1180 AM23 I New Brantley Broadcast Associates Pace, FL 1180 AM24 II New KM Communications, Inc. Lizella, GA 1180 AM24 II New D& E Communications Baxter, MN 1180 AM25 I KPHN KCBR- AM Limited Partnership Kansas City, MO 1190 AM25 I KKOJ KLEVEN BROADCASTING CO. OF MINNESOTA Jackson, MN 1190 AM25 I New Nelson Enterprises, Inc. Plano, IL 1180 AM25 I WKOX Fairbanks Communications, Inc. Newton, MA 1200 AM26 I New Sunrise Broadcasting of New York Inc. Kingston, NY 1200 AM26 I New Powell Meredith Communications Company Abilene, TX 1210 AM27 I New Sharon Berlin Ingles Bixby, OK 1210 AM27 I KGYN Telns Broadcasting Company, Inc. Oklahoma City, OK 1210 AM27 I New Jeffrey B. Bate Mesquite, NV 1250 AM28 II New Jeffrey N. Eustis Johnstown, CO 1250 AM28 II New Go and Tell, Inc. Central Point, OR 1340 AM29 II New Lyle S. Reynolds Central Point, OR 1340 AM29 II New Oregon State Board of Higher Education/ S. OR Univ Mt. Shasta, CA 1340 AM29 II New Alpine Broadcasting Limited Partnership Taos, NM 1340 AM30 III New Garcia, Richard L. and Cardova, Darren Taos, NM 1340 AM30 III New Conner Media Corporation Jacksonville, NC 1400 AM31 I WBTB Eastern Carolina Broadcasting Co., Inc. Pine Knoll Shores, NC 1400 AM31 I New J. L. Richardson Hartman, AR 1460 AM32 I KKTK M& M Broadcasters, Ltd. Burleson, TX 1460 AM32 I KTNO Mortenson Broadcasting Company of Canton, LLC University Park, TX 1440 AM32 I New Andrew Johnson Winchester, NV 1500 AM33 II New Jeffrey B. Bate St. George, UT 1490 AM33 II New Dominant Communications Corp. of MS Flowood, MS 1550 AM34 I New Flag Radio, Inc. Bunnell, FL 1550 AM34 I WINV WGUL- FM, INC. Iverness, FL 1560 AM34 I KZIZ KRIZ BROADCSSTING, INC. Pacific, WA 1560 AM35 I New Pamplin Broadcasting- Washington, Inc. Burbank, WA 1560 AM35 I New CTC Media Group, Inc Winterville, NC 1570 AM36 I WGSR RJM Communications, Inc. Orange Park, FL 1570 AM36 I New mark himmler Waterford, PA 1580 AM37 II New R. J. Stalvey Georgetown, SC 1580 AM37 II New Alvin Lou Media, Inc. Spring Valley, NV 1590 AM38 II New Powell Meredith Communications Company Las Vegas, NV 1590 AM38 II New Victor A. Michael, Jr. Cheyenne, WI 1590 AM38 II New Alvin Lou Media, Inc. Waipahu, HI 1600 AM39 II New KM Communications, Inc. Makaha, HI 1600 AM39 II 7