FEDERAL COMMUNICATIONS COMMISSION
December 21, 2012
,JULIUS GENACHOWSKI
CHAIRMAN
fhe Honorable Mark Udall
United States Senate
31 THart Senate Office Building
Washington, D.C. 20510
Dear Senator Udall:
Thank you for your letter regarding Clear Creek Radio, Inc., RV Ministries, Inc., Fraser Valley
Community Media, Inc., and the North Fork Angling Society. I appreciate your interest in this
matter and am pleased to provide the enclosed letter on this issue from the Chiefof the Media
Bureau's Office ofCommunications and Industry Information.
If you have any additional questions or need any further assistance, please do not hesitate to
contact me.
~relY:'.'7
,/ !./~~;... ------rl~I' ulius Genachowski
j
Enclosure
445 12TH STREET s.w. WASHINGTON, D.C. 20554 • 202-418-1000
Federal Communications Commission
Washington, D.C. 20554
December 21,2012
IN REPLY REFER TO:
CN-1201402
The Honorable Mark Udall
United States Senate
328 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Udall:
Thank you for your letter regarding the joint Application for Review filed with the
Commission by Clear Creek Radio, Inc., RV Ministries, Inc., Fraser Valley Community Media,
Inc., and The North Fork Angling Society. I appreciate the opportunity to update you concerning
the status of this matter.
In the 2007 filing window for FM service, each of the above organizations filed separate
applications proposing to construct a new NCE FM radio station in Colorado. The Commission
determined that the proposals were mutually exclusive, i.e., only one application could be
granted, and designated the four applications as MX Group 324. Subsequently, the applicants
jointly requested a waiver of the Commission's engineering standard governing overlap of signal
strength contours for the proposed stations. The joint request asserted that a waiver would
permit the four proposals to establish new full-power NCE FM service to be considered either as
"singletons" or as a two-application MX Group. As a result, Clear Creek Radio, Inc., the current
licensee of KYGT-LP, Idaho Springs, Colorado, could be authorized to operate a new full-power
NCE station.
The Media Bureau denied the joint waiver request because the proposal potentially could
have far reaching effects for the processing of hundreds of other stations and applications.
Therefore, the Bureau concluded that the proposal set forth in the waiver would be better
considered in the context of a rulemaking proceeding. More recently, the Bureau selected and
authorized Fraser Valley Community Media to construct a new NCE FM station to serve Winter
Park, Colorado.
Page 2-The Honorable Mark Udall
As noted in your correspondence, the parties have filed an Application for Review asking
the Commission to grant the joint waiver request. Bureau staff currently is evaluating the
Application, and intends to make a recommendation to the full Commission in the second quarter
of 2013. Please be assured that the issues discussed in the Application and your letter will be
considered carefully in reaching a decision concerning this matter.
I hope this information is helpful, and please do not hesitate to contact me if I can be of
further assistance.
Sincerely,
~"d~~ ( ~-\?J ..
Michael S. Perko
Chief, Office of Communications and Industry Information
Media Bureau
FEDERAL COMMUNICATIONS COMMISSION
December 21,2012
JULIUS GENACHOWSKI
CHAIRMAN
The Honorable Michael Bennett
Vliited States Senate
702 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Bennett:
Thank you for your letter regarding Clear Creek Radio, Inc., RV Ministries, Inc., Fraser
Valley Community Media, Inc., and the North Fork Angling Society. I appreciate your interest
in this matter and am pleased to provide the enclosed letter on this issue from the Chief of the
Media Bureau's Office of Communications and Industry Information.
If you have any additional questions or need any further assistance, please do not hesitate
to contact me.
Sincerely,
Julius Genachowski
Enclosure
445 12T1-t STREET S.W. WASHINGTON, D.C. 205.!54 • 202-418-1000
Federal Communications Commission
Washington, D.C. 20554
December 21,2012
IN REPLY REFER TO:
CN-120l402
The Honorable Michael Bennet
United States Senate
702 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Bennet:
Thank you for your letter regarding the joint Application for Review filed with the
Commission by Clear Creek Radio, Inc., RV Ministries, Inc., Fraser Valley Community Media,
Inc., and The North Fork Angling Society. I appreciate the opportunity to update you concerning
the status ofthis matter.
In the 2007 filing window for FM service, each of the above organizations filed separate
applications proposing to construct a new NCE FM radio station in Colorado. The Commission
determined that the proposals were mutually exclusive, i.e., only one application could be
granted, and designated the four applications as MX Group 324. Subsequently, the applicants
jointly requested a waiver of the Commission's engineering standard governing overlap of signal
strength contours for the proposed stations. The joint request asserted that a waiver would
permit the four proposals to establish new full-power NCE FM service to be considered either as
"singletons" or as a two-application MX Group. As a result, Clear Creek Radio, Inc., the current
licensee of KYGT-LP, Idaho Springs, Colorado, could be authorized to operate a new full-power
NCE station.
The Media Bureau denied the joint waiver request because the proposal potentially could
have far reaching effects for the processing of hundreds of other stations and applications.
Therefore, the Bureau concluded that the proposal set forth in the waiver would be better
considered in the context of a rulemaking proceeding. More recently, the Bureau selected and
authorized Fraser Valley Community Media to construct a new NCE FM station to serve Winter
Park, Colorado.
Page 2-The Honorable Michael Bennet
As noted in your correspondence, the parties have filed an Application for Review asking
the Commission to grant the joint waiver request. Bureau staff currently is evaluating the
Application, and intends to make a recommendation to the full Commission in the second quarter
of 2013. Please be assured that the issues discussed in the Application and your letter will be
considered carefully in reaching a decision concerning this matter.
I hope this information is helpful, and please do not hesitate to contact me if I can be of
further assistance.
Sincerely,
~ II. ~ 'U-. <- ~.12h"
Michael S. Perko
Chief, Office of Communications and Industry Information
Media Bureau
FEDERAL COMMUNICATIONS COMMISSION
December 21,2012
JULIUS GENACHOWSKI
CHAIRMAN
The Honorable Jared Polis"
. V:S. House of Representatives
501 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Polis:
Thank you for your letter regarding Clear Creek Radio, Inc., RV Ministries, Inc., Fraser Valley
Community Media, Inc., and the North Fork Angling Society. I appreciate your interest in this
matter and am pleased to provide the enclosed letter on this issue from the Chiefof the Media
Bureau's Office of Communications and Industry Information.
If you have any additional questions or need any further assistance, please do not hesitate to
contact me.
/1. ely, _..----.-.~/ .-.~1// IUS Genachowski
Enclosure
445 12TH STREET S.W. WASHINGTON, D.C. 20554 • 202-418-1000
Federal Communications Commission
Washington, D.C. 20554
December 21,2012
IN REPLY REFER TO:
CN-1201402
The Honorable Jared Polis
U.S. House of Representatives
SOl Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Polis:
Thank you for your letter regarding the joint Application for Review filed with the
Commission by Clear Creek Radio, Inc., RV Ministries, Inc., Fraser Valley Community Media,
Inc., and The North Fork Angling Society. I appreciate the opportunity to update you concerning
the status of this matter.
In the 2007 filing window for FM service, each of the above organizations filed separate
applications proposing to construct a new NCE FM radio station in Colorado. The Commission
determined that the proposals were mutually exclusive, i.e., only one application could be
granted, and designated the four applications as MX Group 324. Subsequently, the applicants
jointly requested a waiver of the Commission's engineering standard governing overlap of signal
strength contours for the proposed stations. The joint request asserted that a waiver would
permit the four proposals to establish new fUll-power NCE FM service to be considered either as
"singletons" or as a two-application MX Group. As a result, Clear Creek Radio, Inc., the current
licensee of KYGT-LP, Idaho Springs, Colorado, could be authorized to operate a new full-power
NCE station.
The Media Bureau denied the joint waiver request because the proposal potentially could
have far reaching effects for the processing of hundreds of other stations and applications.
Therefore, the Bureau concluded that the proposal set forth in the waiver would be better
considered in the context of a rulemaking proceeding. More recently, the Bureau selected and
authorized Fraser Valley Community Media to construct a new NCE FM station to serve Winter
Park, Colorado.
Page 2-The Honorable Jared Polis
As noted in your correspondence, the parties have filed an Application for Review asking
the Commission to grant the joint waiver request. Bureau staff currently is evaluating the
Application, and intends to make a recommendation to the full Commission in the second quarter
of 2013. Please be assured that the issues discussed in the Application and your letter will be
considered carefully in reaching a decision concerning this matter.
I hope this information is helpful, and please do not hesitate to contact me if I can be of
further assistance.
Sincerely,
~Ic:. (,,'''-'-l ~. t2-,,=
Michael S. Perko
Chief, Office of Communications and Industry Information
Media Bureau