FCC 87-93
Federal.Communications Commission Record
2 FCC Red Vol. 7
Before the
Federal Communications Commission
Washington, D.C. 20554
PUBLIC NOTICE
Released: March 24, 1987.
RECLASSIFICATION OF FM FACILITIES
PURSUANT TO BC DOCKET 80 • 90
In the Repon and Order in BC Docket 80-90, 94 FCC
2d 152 (1983), the Commission specified a minimum
transmitting antenna height above average terrain
(HAAT) of 300 meters and a minimum effective radiated
power (ERP) of 100 kW for class 'C' facilities. The Repon
and Order also specified that class 'B' facilities have an
ERP which exceeds 2S kW. In order to provide existing
stations an opportunity to meet these minimums, the
Commission indicated that existing stationswo~ldhave
three years from the effective date of the Repon and Order
(i.e. March I, 1984) to submit an application for appro 
priate minimum facilitieso~b.e.reclassj~ed.~h~s,to
avoid reclassification, an application proposmg mlmmum
class 'B' or 'C" facilities. must have been received by
March I, 1987. Since, however, March I, 1987. fell on a
Sunday. the Commission has accepted applications to
meet the class 'B' and 'C' minimums filed by the close of
business on March 2, 1987, pursuant to 47 C.F.R. § 1.4(i).
This Public Notice explains how various aspects of the
reclassification are being administered. The following ex 
ample covers most situations which arose during the
reclassification process.
Consider the case of a class 'c' channel .currently
allotted to a city. The city and channel are listed in the
Table of Allotments. A licensed station operates on this
channel with facilities of 20 kilowatts and 100 meters.
This station also has a construction permit to modify its
facilities to increase power to 100 kilowatts but remain at
100 meters. An application was filed, by the close of
business on March 2, 1987, to modify the construction
permit to operate with facilities of 100 kilowatts and 400
meters.
The reclassification procedure affects this station and
allotment in the following way.
(1) The license is reclassified to 'C2',
(2) The construction permit is reclassified to 'Cl'.
(3) The application remains classified as 'C'.
(4) The class of this channel in the Table of Allotments
is not reclassified because the application requesting full
class 'c' facilities was on fileb~ythe close of business on
March 2, 1987.
Any other applicant will have to protect this station's
licensed site as a 'C2', the site of its construction permit
as a 'Cl', and the proposed site in its application as a 'C'.
The eventual grant of a license to this station for the
facilities proposed in the application will retain the,c~ass
'c' channel in the Table of Allotments and the statIOn
will continue to operate as a full class 'C' facility. How-
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ever, if the application is later returned ordismisse~,the
class of this channel in the Table of Allotments WIll be
reclassified to 'Cl' to reflect the class of the construction
permit. Other applicants will then only have toprot~ct
this station's licensed site as a 'C2' and the SIte of Its
construction permit as a 'CI'. Subsequently, ifth~con 
struction permit expires, the class of the channel In the
Table of Allotments will be reclassified to 'C2' to reflect
the class of the existing license. Olher applicants will then
only have to~rotectthis station's licensed site as a 'C2'.
SpeCial Cases
Applicants who applied before March I, 1984, and were
in hearing as of the close of business on March 2, 1987,
and who were prevented from amending their applica 
tions to upgrade their facilities because of their status in
hearing, will have 90 days after the decision in that
proceeding becomes final to amend or be reclassified.
A class 'CI' station can have maximum facilities of 100
kilowatts (ERP) and 299 meters (HAAT). This ERP 
HAAT combination produces a I mV/m contour at a
distance of 72 kilometers. There are many existing class
'C' stations that operate with an ERP less than 100
kilowatts and a HAAT greater than 300 meters and whose
I mV/m contour is at a distance greater than 72
kilometers. These stations exceed the equivalent class 'CI'
maximum but they do not meet the Docket 80-90 re 
quirement of 100 kilowatts ERP for class 'C'. These
stations will remain classified as 'c' pending further Rule
Making in MM Docket 86-144, which proposes an index
method of classification.
Class 'B' stations with their transmitters located in
Zone are reclassified to 'C', 'CI', or 'C2', as appropriate.
Similarly, Class 'C' stations with their transmitters located
in Zone 1 or lA are reclassified to 'B' or 'B1', as
appropriate. The allotment will carryth~classificati?n of
the station's license regardless of the zonmg of the CIty of
license.
We recognize that many applications filed by existing
stations before the March 2, 1987 deadline to specify
minimum class B or C facilities were not reached for
processing by the March 2, 1987 filing deadline. Should
such applications be found deficient after this deadline,
we believe the public interest is best served by providing
these licensees one opportunity to correct all deficiencies
in their applications 'before the application is returned.
Accordingly, upon finding a defect in a timely filed
application seeking to meet [he Class B or C minimums,
the staff on its own motion may waive the "hard-look"
FM processing rules established pursuant to the Reporl
and Order in Docket 84-750, 50 Fed. Reg. 19936 (1985),
and notify the applicant of the defect. The applicant will
then be provided 30 days to correct the noted defiCIency
and any other deficiences which may exist in the applica 
tion. If after this 30 day period the application still
contains deficiencies, the application will be returned and
the allotment reclassified. Thereafter, it will pe necessary
to submit a Petition for Rule Making in order to return
the channel to its prior classification.
Other Matters
Reclassified facilities will not be issued a new authoriza 
tion solely because of reclassification. The Commission
w!lI issue a Public Notice as soon as possible after March
2 FCC Red Vol. 7
Federal Communications Commission Record .
FCC 87·93
2, 1987, listing those facilities reclassified. When a new
authorization is issued for anyre~sonthe new class will
appear.
The reclassification of the FM Tables of Allotments
(Sections 73.202 and 73.504) was effective as of the close
of business on March 2, 1987. The Tables are presently
being modified as necessary' to indicate the highest class of
the authorized or proposed "facilities for a station as of the
close of business March 2, 1987 and shall be pUblished as
soon as possible. S·ubsequent deletion or dismissal of these
authorized or proposed facilities will also be reflected by
modifications of the Tables.
The FM Table of Allotments will also be amended to
reflect the use of channels by those stations licensed to a
community within 15 miles of the allotment (for class
B/C) or 10 miles of the allotment (for class A) under the
repealed portion of Section 73.203 of the Rules. The
allotment will therefore coincide with the city oflice~se.
In addition, all channels will henceforth contain a class of
charinel next to the numerical designation.
The reclassified allotments and assignments in the
Canadian border area will be notified to Canada as soon
as possible after March 2. 1987. with class 'C2' stations
considered as class 'E' stations under the U.S.- Canada
FM Agreement. Since the U.S.-Mexico FM Agreement
does not recognize classes 'Cl', 'C2', and 'Bl', nonot~fica­
tions to Mexico of reclassified facilities in the Mexican
border area are required.
Class 'c' licensees with a buffer zone are reminded that
their additional spacing protection of 16 km expired as of
the close of business on March 2, 1987, except for those
in hearing as discussed in "Special Cases" above. Also,
any pending applications on file as of March 2, 1987.
which specify a transmitter site within the 16 km buffer
zone will continue to be protected against proposals in
Rule Making for changes to the FM Table of Allotments.
Ouestions regarding this notice should be directed to
Gary Kalagian (202) 632-2049 or John Boursy (202)
634-6315.
Action by the Commission April 18, 1987. Commis 
sioners Fowler (Chairman). OueUo. Dawson, Patrick and
Dennis.
FEDERAL COMMUNICATIONS COMMISSION
* Note: This item, although publicly released on the
date indicated, was not included in the appropriate pam 
phet of the Federal Communications Commission
Record.
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