ORIGINAl BEFORE THE jfeberll( ([OmmuniClltion~ ([ommi~~ion WASHINGTON, D. C. 20554 REceiVED AUG 21999 In the Matter of I'iIlIfw."::'llNIClIllOHs C!lMtI.I" CREATION OF A LOW POWER MM Docket No. 9 9 - 2 5 IF1l/f 8EClIEIMr RADIO SERVICE RM-9208 RM-9242
TO: The Commission
COMMENTS OF HOLSTON VALLEY BROADCASTING CORPORATION
Holston Valley Broadcasting Corporation, licensee of a number of commercial broadcast stations, hereby respectfully submits its Comments in the above-captioned proceeding.
Those Comments are contained in the attached statement.
Respectfully submitted,
HOLSTON VALLEY BROADCASTING CORPORATION
By L2-JA---~ Dennis J. Kelly (D. C. Bar #292631) Its Attorney
LAW OFFICE OF DENNIS J. KELLY Post Office Box 6648 Annapolis, MD 21401 Telephone: 888-322-5291
August 2, 1999
No of Copies rac'd 0 +-.::{ List ABCDE ) ) In the MatteI· at ) MM Docket No. 99-25 Creation of a Low ) RM-9208 P0we~ Radio Service ) RM-9242 ) )
COllllllents of HOLSTON VALLEY BROADCASTING CORPORATION
IntroductioJl
Holston Valley Broadcasting Corporation (Holston) is headquartered in Kingsport, Tennessee, and is licensee of four AM broadcast stations (WKPT, WKTP, WOPI, and WMEV) , two FM stations (\o/Tn! and WMEV-FM), full service UHF TV station WKPT-TV, and multiple LPTV stations. It is also part.y to a time brokerage agr·cement by which it provides most of the progranuning for and sells advertising on a third FM station (WRZK). All of these stations are licensed to conununities located either within the TIi-City TN/vA (Johnson City-Kingsport, Bristol) Metropolitan Statistical Area (MSA) or in a county immediately adjacent to that MSA.
Holston generally opposes the creation of a Low power Radio Service (LPFM) as such a service is envisioned in the instant rroreeding.
Gcneral Technical Factors
The existing, already substantially relaxed, interference standards on the FM broadcast band have already resulted in interferencp. to reception of FM broadcast stat.ions and the loss of service previously provided by many stations. In an age when tll~ public is equipped ---- especially for automobile listening ---- with the best and most sensitive FM Broadcast receivers ever distributed on a mass basis, most stations have long lost the ability to be heard to the natural limits of their coverage.
This is because changes already made in the Conunission's rules • have allowed new stations to be created operating on channels located first and second adjacent to the channels occupied by existing stations in areas where the ~lder stations could be lleard for yeaLs. In other instances changes in the rules have dllowed first and second adjacent channel stations to increase thoir power substantially creating the same effect. In still (other lnstances che Cornmiss.ion has allowed translator stations to serve areas ic which an older FM station was once heard, translators whiCh transmit on the same channel or on a channel adjacent to that of the existing older station. 2
FOl eXcllnple, for decades Holston's W'l'FM, 98.S mHz, could be heard in and around Knoxville, Tennessee; however, first adjacent channel stations on 98.3 in Sweetwater, TN, and on 98.7 in Oliver Springs, TN, have rendered SUCII listening to WTFM impossible. Anothel- example is the inability of Holston's WMEV-FM to be heal-d ""ithollt in':erf'~rence in such areas as Bean Station and Rutledge, TN, due to interference from a co-channel translator licensed to Gatlinburg, TN, some forty air miles from Rutledge.
Witl. the coming of In-Band-On-Channel (IBCC) digital transmission in the foreseeable future, the absence of interference on channels first, second, and even third adjacent to a station's assigned frequency is going to be imperative. One only needs to I"t~call the expel-ience of attempting to receive Subsidiary Communications Authorization (SeA) signals from an FM station in the presence of adjacent channel interference. Holston has had years of experience with SCA transmission and reception. The sub-carrier frequencies used for SCA transmission are not unlike the IBOC digital components FM stations will soon be transmitting_ Bot!. call be rendered useless by interference fram first, second, and even third, adjacent cl.annel operations.
Surely the COHu"ission can allo", all Qf the crucial IBOC tests be concluded and the IBOC standards set before serionsly considering loading hundreds of additional signals onto the already-crowded FM h~oadcast band.
Special Technical yactors Applicable in an Emergency
Above was referenced the fact that especially in cars where most radio listening occurs the public is now blessed with the best FM broadcast receivers ever manufactured on a mass basis. Althongh most FM list.ening occurs in vehicles, important listening occurs on smaller, less expensive radios as well ---- bedside radios, small table radios on desks in the work place, and portable sets, some of which are vel-y inexpensive and lack t.he selectivity more advanced receivers display.
A ~ilne when small battery-powered portable receivers are used most is in tile event of an emergency when commercial power is out, and listeners rely on such inexpensive portable sets to • receive vital emergency information from area stations. These are instances when a poorly-engineered over-modulated ·community I.PFM" statio:l nearby (or even one being operated in accordance with the Commission's rules as they are proposed in many cases) could easily prOhibit the reception of important information provided by a traditional FM station. The Commission absolutely cannot assume that the thousands of one watt to one thousand watt LPFM stations, which could l'esult from this proposal, will be operated in a technically-sound manner. 3
Those with a few decades of experience in this busilJess will recall sampling the old 10 Class D non-commercial FM stations, which were once conunon-place, and the lack of technical quality, which was prevalent among them.
The Commissi.on's field enforcement resources are already sorely taxed. The prospect of "riding herd" on thousands more "little" FM facilities is mind-boggling, not to mention the administrative nightmare of dealing with so many new facilities!
All but 100 kHz of the "standanl br-oadcast" Inedium wave AM band is a terrihle mess today, because of interference, whiCh resulted from the cOlltinued "shoe-horning" in of more and more stations. Those interference problems are part of what caused listeners to turn to FM, where tile vast majority of radio listening now occ~rs. Why should public policy allow the same thing to happen to FM?
Diversity of ProgL·anulIing and Ownership
The Conunission' s own studies have shown that most of the stations, which might be created if the proposal is adopted, will be in rural areas, not in major cities where ethnically and racially diverse populations live. Furthermore the Supreme Court has already thwarted the Commission's previous efforts to assure rrefer~nces fOL women and members of racial and ethnic minorities.
III nll-a 1 areas where LPFM stations might be at least somewhat feasible technically, there is often a very real need to preserve that portion of the existing broadcast service, which is now on Lh" All band. The alternative of tru lS low poweL- FM translators te, relay the programming of small AM stations could fulfill that ne'Cd.
Existing Responsible AM Broadcasters Need Limiteg_LPFM
Many if not most licensees operating on the ·standard broadcast" AM band are struggling financially. For the most part these are respons ible, L-ule-abiding broadcasters many of whom have served or attempted to serve their communities and surrounding areas for • decades. Unfortunately because communities have grown geographically and because of the above-referenced technical shambles the Commission has allowed to be made of the AM band interference-wise, many of these broadcasters cannot even reach the limits of their own communities of license on an illterference-free basis.
When FM broadcas~ers are unable to reach often far-flung portions of their markets due to topography and othor limiting factors. tlley are able to gain permission to construct low power FM
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"~rftnslalor" stations to fill in the coverage gaps. Translators in the AM band, however, are not feasible. Where limited opportu:lities exist for the addition of truly low power FM facilities (e.g. under 100 watts or even 10 watts ERP), why not allow responsible AM broadcasters t,o use such FM facilities to at least cover their home communities of license?
Sur"ly a long tenn expel-ienced AM broadcast,er, who is accustomed to abiding by the Corrunission's many rules and is accustomed to providing good service to its community, is better qualified to use what remains of this precious FM broadcast band resource than many if not most of those who have petitioned for the creation of the proposed LPFM service.
The CULL'ent CorrUllission policy of not allowing AM stat-ions to establish FM translators reminds Holston of the Commission's former policy with regard to television translators. In the old days (the 1960's into the '70's as we recall) Y!!E TV translators, which were then considered vastly superior to UHF TV translators, were only allowed to be OI'I1ed by VHF TV stations. VHF stations were of course ,'astly superior technically to UHF stations, and an IOxaIninat ion of the typical ratings and L'evenues of most VHF stations and most UHF stations today shows this is still the Ci'lse.
In ~hose days, if one WeL'e the licensee of a UHF station, one was limited to the ownership of the more expensive and generally inferioL' UHF translators, which were then allowed only 10% as much power as today and were relegated to the upper UHF channels, 70 through 83 (no longer allocated to TV broadcastingl_
As ,,,ith tile Conunission' s cur~'ent policy of not allowing AM sta~ions to operate FM translators relaying the programming of thos8 AM stations, it was a classic example (to use the colloquial of our Appalachian mountain region) of "Them that's got arc theln that getst"
In mallY l'ucal conununities small AM stations can be purchased today fo:- substantially less than a modest home. Many of the wOIIld-be broadcasters who desire creation of the proposed LPFM service could afford to acquire smalL AM facilities of the type • discussed above. The addition of very low-powered FM translators relaying the signals of such AM stations so that their licensees could better serve their home communities of license would make such stations not only more viable in general, but also attractive buys for these new prospective radio broadcasters.
The relative coverage of a small AM station and a s,nall FM translator is a matter with which Holston is very experienced. T"JO of its AM stations (WKPT & WOPI) are Class C (formerly known as Class IV) operations. The Class C AM service is the one,
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which is allowed to occupy only six of the 117 channels on the AM band, but contains some 25% of the roughly 5,000 AM stations. 'Talk about interference I Many of these stations have nighttime interference-free contours, which extend less than a couple of miles frolfl their transmission towers; yet they are trying to sen'," communities whose city limits often extend t.en Or more miles from those towers.
Holston is the licensee of a seven watt FM translator in Bristol, 'l'N, wilieh a': night in its home community provides bett.er service to louch of that community than the Class C AM station of which Holston is licensee in the same community. That AM st.ation runs I,OOO watts. Of course under current. Commission poli.cy the seven wat.t FM translator cannot relay the programming of Holston's small AM station precisely because that station is an AM station.
Conclusion
Creation of t.he Pl'oposed Low Power Radio (LPFM) service on the roM broadcast band at this time is both ill-timed and technically ill-advised. Nei.ther will it achieve the purported goal of pre,viding ethnic and racial diversity of ownership and programming in large ethnically and racially diverse markets.
Technically it would jeopal'dize the development of lBOC digital broadcasting on the current FM broadcas~ band, a band which has a 1ready bccollie over-loaded and interference-laden by the pr'evious introduction of additional stations and previously permitting the luwest power class of regular FM broadcast statiol's to increase the1r power levels,
Most of the proposed LPFM opel'ations would not be in Rlajor met ropo Iitan areas where ethnic programming is most, desired, but would instead be located in rural areas, where struggling AM licensees many of which are unable to reach their home communities with an interference-free signal especially at night, could uLilize truly low power FM translators to relay the progralT'lniny of their AM stations to those parts of their cOIOlouni. ties they cannot clearly reach. A change in Commission policy to allow such service would provide deserving listeners with responsible broadcast service from responsible and generally • experienced community-oriented broadcasters . Respectfully submitted,
I VALLEY BROADCASTING CORPORATION
By :--+'~A'- 2.ma't~_. __ George E. DeVault, Jr., its President 4
t 1",'lli:::},'i1_,)r' Sl.c11::-10fl£-; to fill in the coverage gaps. Translat()ls ,n ":.~;e J... H hand, hO'JJ(;ver, are not feasible. Where liwited CP?0,tU:1CLl'c'o e:ust fOl' the addition of tr-uly low power- FH
f~,:ilitj_es IA.g. LInder 100 watts O~ even 10 watts ERP) I why not fl: 10\-;" re:;p()!jsibl~~ AM broadcasters to use such F'M facilities to at leas~ cover their hOITle corr~nunities of license?
:-)l:r~ly A. 10119 t:el"111 experienced .AH broadcaster, who is RccustollleJ t,) abiding by the COTI@ission's many rules alld is aCCllstomeJ to p,-o';idiaq good service to its comnlUnity, is better- qualified to use what remains of this precious FM broadcast band r-esour-ce tha" many if not most of those who have petitioned for the cr-eation of :he proposect LPFM service.
:"h~ CijlIE.~nt COrTiJt11ssion policy of not allowin9 AM ::;t_atiuns "l.0 ('s::,O]r,Lish FH translators reminds Holston of the Com.mi.~.sion'5 t(,l"rtICl- policy '",'i1::h regard to television translatoLs, In -::hc (jld oays (th", 1960' s into the' 70' s as ""e r-ecilll) VHF TV translatoI\" Vr ]ljC]l were then considered vastly slJperior to UHF TV translators! \\r(~r{~ onJy a~lo\,:,ed to be ohTned [)y yHF TV stations. VHF stations \'J'·'r", ,.-.t COl,rse ';astly super-ior technici'tlly to UHF stations, and an ~Xal1lll1at] i)O 0: the typical rating5 and revenues of most. VHF ~,ta":"'1 c,n!:; :"J.nd rr.,->s· lJHF statiGns today shoVls this is still the C;-j ~" .
In <:::hose days, if one wer'e the liceIlsee of a UHF statioIl, one '·",'a.s limited to the ownership of the more expensive and generally infe~'io~' UHF translators, 'Ihich wer-", then allowed only 10% as much power as today and were relegated to the upper- UHF channels, 7~ through 83 (no longer allocated to TV broadcasting),
;"c ,lith til" CCJW1Illssion's cur-rent policy of not allov,'ing AM ,'t a': j 'In'' to op"..-ate F~l tr-anslators relaying the programming of ~~;'1'0S':.j Ar·~ stati''JDs, it was Cl classic example (to liS~ the col !oquia.l of our Appalachian mountain region) of "T1v~n: that_';::; 9,...d"~ ,:1LC' thE-III th.Jt: gets!"
In Jri'J~lJ' lUI"Al cOll"Ul1unities 91 1.10.11 At-! stations can be pULchased + "'],'1\' ~c}:- ~',Jb:'_~t':""int:.ially 1e:::;3 than ('I mode£.t home. 11an-:::' of the I~:\~.l.c-bp brcladcAsters who desire creatioll of the propo~ed I,PFM ,;t-"'c"Ji__ c~:! could afford to acquire srnall. AM facilities of the t.ype discussed abo·.r"" The addit~on of very low-powered FH translators ~e~aYlnq the slgi1als of such All stations 50 that their licensees cOllle better SPT\l€ their home communities of license would lllake such stations not only more viable in gener-al, but a]"o attracti\l€ bllyS for these new prospective radio bI"Oadcasters.
'TtLe r-ela'::.i'.T~ (.:o',Terage uf a 6mall A.M 6tation and a small FM l~rAn~;lator ~s d lrlatter with which HolstOll is very experiellced. '1'<,,0 of its A~l stCltio118 (WKPT & WOPI) are Class C (former-ly known as Class IV) operati0116. The Class C AM service is the one,
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