21sT DISTRICT, NEW YORK
PAUL TONKO
COMMITTEE ON
NATURAL RESOURCES
COMMITTEE ON
SCIENCE, SPACE, AND TECHNOLOGY Q):ougn.'lU1 of flp.' lltutf.eb ~fttf.l.'$
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May 10,2012
422 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
(202)225--5076
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Honorable Julius Genachowski
Federal Communications Commission
455 lih Street, SW
Washington, DC 20554
Re: Cranesville Block Company
Station DWKAJ
St. Johnsville, New York
Facility ID No. 160470
Dear Chairman:
We write to bring your attention to a case cU11'ently under consideration by the Federal
Communications Commission (FCC) involving Cranesville Block Company (CBC), a business that
serves our communities. CBC has encountered extraordinary challenges over the past year in its effort
to establish much-needed radio service in an underserved area in rural upstate New York. This region
received two major disaster declarations last year after experiencing two tropical StOlIDS with
devastating flooding, an emihquake and a tornado - all within days of one another. As our
communities continue to recover and work to ensure we are better prepared for disasters of this
magnitude in the future, we cannot emphasize enough the need for solid access to local radio coverage
across the region.
With that in mind, we ask that you give full consideration to the Petition for Waiver and
Reinstatement of Construction Pelmit Nunc Pro Tunc, filed by CBC on April 23, 2012. The Petition
seeks reversal o:fthe ruling in the Audio Division's letter to CBC, dated FeblUary 23,2012. That ruling
refused a waiver to allow CBC additional time to complete what minimal requirements remain and to
file a license application. A reversal of that decision is warranted for the following reasons.
First, while we fully recognize the impoliance of deadlines to ensuring the orderly conduct of
the Commission's business, we urge you to weigh carefully the needs of this community and the public
interest that would be served by the initiation of the first local service to St. Johnsville. We must agree
that the interests of this community should be a first order consideration and find a way forward that
serves their needs. As described in CBC's pleading, the station's proposed programming would
include frequent local news casts, talk shows, children's programming and broadcasts aimed at the
needs of schools and community organizations to publicize their activities and conduct outreach.
Critically, a station at St. Johnsville would enable local first responders and residents to communicate
during future floods and st011'llS, as well as in other emergencies.
rf-1INTED ON RECYCLED PAPER
0600
Second, the Commission thoughtfully gave a two-month extension to CBC last fall in light of
the natural disasters that devastated this part of upstate New York. UnfOliunately, the extent of the
damage delayed construction on this and many other projects by a considerably longer period. Wind,
rain and flooding tore down buildings, closed roads and businesses and had ripple effects on the lives
of local residents, including local contractors. In those first weeks, we witnessed constituents shoveling
and moving debris with their bare hands just to get contractors and govemment personnel access to
damaged propeliy. We are still feeling these effects today. These circumstances prevented CBC from
completing construction ofa four-tower radio station as the company struggled to rebuild its own
facilities while also participating in the voluntary community assistance efforts that have proven to be
the centerpiece ofour ongoing recovery.
Finally, our understanding is that the Commission places a high premium on localism and
community service and that the FCC evaluates waiver requests with the equities involved and any
hardship to the petitioner given careful consideration. In this case, CBC fought through tremendous,
unforeseeable obstacles outside its control. These include not only the storms, but also the last minute
abandonment of the project by an independent contractor. The latter may be viewed as one among the
many "ordinary risks for which businesses must prudently plan,,,i but we can assure you that in
December 2011 ~ just months after the floods when many upstate residents were living in FEMA­
provided housing - there was nothing ordinary about doing business in these devastated areas. We urge
you to take a comprehensive view of our communities' circumstances in the past year. There is no
question that our region would be stronger - and safer - with increased local radio service in the
future.
It is our understanding that construction on this facility is complete except for on-ail' testing and
that all the equipment needed to operate the station was on site by December 15,2011- the FCC
deadline for CBC's construction permit. CBC has invested $300,000 on this project which is not
recoverable if the previous denial is upheld. It has been our experience that CBC is an exceptional
corporate citizen, heavily involved in local communities and the owner of another station, WCSS,
which provides quality service to upstate New Yorkers.
We urge you to reconsider the Commission's February ruling and allow CBC to put WKAJ on
the air.
Thank you for your consideration.
Paul D. Tonka
Member of Congress
Sincerely,
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Richard L. Hanna
Member of Congress
i See FCC Audio Division letter dated Febmary 23,2012 DA 12-262, p.3.