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October 17,2012
Julius Genachowski, Chairman
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
Dear Commissioner Genachowski:
We write today to urge the Federal Communications Commission to reconsider its denial of a
waiver of Section 73.409 rules to Clear Creek Radio, Inc. to allow its station, KYGT, to operate
with a full-power non-commercial educational (NCE) license.
We ask the FCC to reconsider based on several factors, including the unique mountain terrain
which would prevent any interference, the need of Clear Creek County to expand their
Emergency Alert System, and the support for the waiver by all affected parties, including
potentially at-risk parties.
Because the Continental Divide separates KYGT from Fraser Valley Community Media
(FVCM), which has a license to operate a full-power station in Winter Park, there is virtually no
possibility that KYGT would interfere with FVCM's signal. This possibility was cited by the
FCC in its denial, because FVCM had right to first aural service. We ask that the FCC factor the
unique topography of the area into your reconsideration.
Furthermore, Clear Creek County hopes to expand their Emergency Alert System capabilities,
especially in light of the recent drought and fire danger in Colorado, as well as the difficulty of
travel during the winter. Allowing KYGT to operate at full power would provide the county with
the ability to reach a greater number of residents in the case of an emergency.
Finally, there is strong support for the waiver from all of the affected parties and other
stakeholders: KYGT; FVCM; the North Fork Angling Society (which has recently withdrawn its
request for an FM license); the Clear Creek County Board of Commissioners; and the Mayors of
Idaho Springs, Georgetown, Empire, and Silver Plume. Please see the attached stakeholder letters
of support for the waiver.
PRINTED ON RECYCLED PAPER
Given all of these factors, most notably the lack of opposition to the waiver, we ask you to
strongly consider granting Clear Creek Radio this waiver.
Thank you for your consideration of this matter.
Michael F. Bennet
United States Senator
Jared Polis
UnitecYStates Representative
---
Sincerely,
Mark Udall
United States Senator
Cloor' Cf'eek Counly
POST OFFICE BOX 2000
GEORGETOWN. GOLORADO 80444
TELEPHONE: (3031 569-3251 • (303) 679-2300
August 14, 2012
US Senator Michael Bennet
702 Hart Senate Office Building
Washington D.C. 20510
Dear Senator Bennet:
We, the undersigned, being the County Commissioners of Clear Creek County,
the Mayors of Idaho Springs, Georgetown, Empire, and Silver Plume, Colorado
request the assistance of the offices of Senators Udall and Bennet, and
Congressman Polis to engage the Federal Communications Commission in
regards to the application for Review submitted by that mutually exclusive (MX)
Group 324.
Gear Creek County is in need of expanding their Emergency Alert System
capabilities, especially in light of the recent drought conditions and danger of
wildfires.
Our local community radio station, KYGT, is an LPFM station with a limited signal
and no opportunity to expand their reach of 50% of our population. It serves
the community on many levels, but none more important than to alert our
citizenry in the event of wildfires or other disasters.
They applied for a fuJI power non-commercial, educational license in 2007. They
were denied the frequency due to another applicant's right to first aural service
(Fraser Valley Community Media, Inc.)
Our radio station, operated by Clear Creek Radio, Inc., filed for a waiver of
Section 73.509 of the FCC's rules. Fraser Valley Community Media, Inc. in a
gracious attempt to help the situation joined the waiver request. The issue lies
in the fact that there is no possibility of Clear Creek and Fraser Valleys' signal
interfering with one another due to the providential interposition of the
continental divide. This waiver was denied.
An Application for Review was filed in January of 2009 and no action has been
taken. Below is the summary of that application:
" This is an Application for Review ofthe Media Bureau's denial ofa Joint Waiver
Request by all members ofMX Group 324. Joint Parties requested a waiver of
"Honoring Our Past, While Designing Our Future»
section 73.509 ofthe Commission~rules and thatMXGroup 324 be split into
three groups. Ifgranted the waiver, three ofthe fourparties would be able to
provide radio service without interfering with the othergroups.
717is action results in depriving two communities ofnew FM radio service. The
Bureau incorreclJyassumed that granting the waiver wouldhave far reaching
consequences to the enforcementofsection 73.509. Two unique factors are
present here: allat risk parties requested the reliefand the unique terrain
presentedprevents anypredictable interference exceptas between parties
Fraser Valley andRVMinistries."
The Board of County Commissioners of Oear Creek County, the Mayors of Idaho
Springs, Georgetown, Empire and Silver Plume strongly urge our representatives
to address this issue with the FCC and bring it to a satisfactory conclusion which
would indude the enhancement of our community radio station's ability to
inform, educate and alert the citizens of our fair county.
Sincerely,
OF COUNTY COMMISSIONERS
o OF Si ~ER PLUME
~tev
Fred Lyssy, Mayor
TOWN OF EMPI E
LJ~14~
Wendy Kocn, Mayor
Senator Michael Bennett
1127 Shennan Street
Suite 150, Denver, CO. 80203
Congressman Jared Polis
4770 Baseline Road #220
Boulder, CO. 80303
Senator Mark Udall
999 U~lh Street, Suite 1525
North. Tower, Denver, CO. 80202
Dear Sirs:
We represent the applicants for REVIEW OF DENIAL OF JOINT WAIVER
REQUEST FILED BY MX GROUP 324 before the Federal Communications
Commission. This matter concerns the Threshold Fair Distribution Analysis ofMutually
Exclusive Applications for Permits to Construct New or Modified Noncommercial
Educational FM Stations Filed in October 2007 window.
A construction permit was awarded to Fraser Valley Community Media, Inc.
However, we feel that the Commission ignored our unique mountainous topogtaphy in
denying the Joint Waiver Request. The high mountain ridges which are part ofllie
Continental Divide simply will not allow interference between the 1hree proposed FM
statiODS.
Fraser Valley, though awarded a construction permit, bas put their plans on hold to
join in this request in the desire to bring community radio to a larger Colorado populace.
Attached is a letter from the political leaders ofClear Creek County requesting that
the Commission grant the waiver to Clear Creek Radio, Inc. and The North Fork Angling
Society.
..-
r\.j
• MOYJ'IliJ-Ilan
FraserV~eyCommunity
M~Inc.
Respectfully Yours,
~~
Clear Creek Radio, Inc.8JI1twJ ~-3{-/:2·
Bill Hensel
The North Fork Angling Society
TO WHOM IT MAY CONCERN:
i, Bill Hensel, representing the North Fork Angling Society~and an applicant fol['
REVJEW OF JOINT WAlVER REQUEST filed by MX Group 324 Members which is
before the Federal Communications Commission, do hereby withdraw from any pursuit
ofobtaining a new NeE FM license originally applied for in the October of2007
window.
&i1l~ ~-3 J- J z,
Bill Hensel
1be North Fork Angling Society
28307 Grove Street
Pine Grove~ Colorado
80470-8815
08127/12