trot"lti:'f ALE CC?Y ORiGiNAL 0 RIG INAL Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 30554 In the Matter of ) ) Amendment of Section 73.202(b), ) MB Docket No. 08-06 Table of Allotments, ) RM-11432 FM Broadcast Stations. ) (Custer and Onekama, Michigan) ) To: The Secretarv For transmission to: Assistant Chief, Audio Division, Media Bureau COUNTERPROPOSAL Northern Radio of Michigan, Inc. ("Northern"),1 hereby files this counterproposal in response to the Notice of Proposed Rule Making (the "NPRM') in this proceeding, DA 08-1710 (released July 25,2008). The NPRM proposes the substitution of Channel 227A for vacant Channel 263A at Custer, Michigan, at the request of Roy E. Henderson ("Henderson"), to accommodate Henderson's desire to upgrade Station WCUZ, Channel 261A, Bear Lake, Michigan. WCUZ's planned upgrade on Channel 264C3 is short spaced to CI1annei 263A at Custer. Northern proposes that the Commission instead allot Channel 227A to Onekama, Michigan, as that community's first local transmission service. In support whereof the following is shown: No. of Copies rec'd CI i-- '1 List ABCDE _. Northern is licensee of Stations WKLT(FM), Kalkaska, and WSRJ(FM), Honor, Michigan. Co-owned stations include WFDX(FM), Atlanta: WFCX(FM), Leland; WKLZ-FM, Petoskey; and WSRT(FM), Gaylord, all Michigan. Technical Proposal As shown in the attached Engineering Statement of Carl T. Jones Corporation, Channel 227A can be allotted to Onekama consistent with Section 73.207 of the FCC's rules. The statement shows that there are no other FM channels available for assignment to Onekama and that the proposed assignment is mutually exclusive with Henderson's proposal to assign Channel 227A to Custer. The statement confirms that the proposed station will be Onekama's first local transmission service. Finally, the statement shows that this counterproposal should be preferred over Henderson's proposed substitution at Custer because it promotes Priority 3 of the Commission's FM allotment scheme. 2 Custer already has an FM assignment (Channel 263A). Thus, the only public interest benefit from a substitution at Custer would be the upgrade of Henderson's WCUZ at Bear Lake. However, that proposal, because it would not provide any first or second aural service (Engineering Statement, p. 3 & Exhibit 1), has a lower priority under the allocation scheme than the provision of a first local service to Onekama. Id. Onekama, Michigan Onekama needs and deserves a new FM service. Onekama, which had a 2000 population of 647, is located in Manistee County, Michigan. It is situated on Portage Lake, a popular tourist destination. It is the population and business center of Onekama 2 See Revision ofFM Assignment Policies and Procedures, 90 FCC 2d 88, 91 (1982)(provision of a first local service, Priority 3, preferred over Priority 4's "other public interest matters"). 2 Township, which had a 2000 population of 1,514 (not counting the Onekama village's population). The population increases during summer months. 3 Onekama traces its origins to 1845. But the community was first organized in 1871 in reaction to the practices of a local sawmill. The residents at that time dug a channel through the narrow isthmus separating Portage Lake from Lake Michigan, thereby lowering the water level in Portage Lake by 12 to 14 feet. This action not only addressed the sawmill issue, but also created additional lakeside land for settlement. The population grew and Onekama was incorporated as a Michigan village in 1891. Onekama has a government separate from surrounding Onekama Township. It has a Village Council consisting of a president, a president pro tern, three trustees, a clerk, a treasurer and a zoning administrator. Onekama passes its own ordinances dealing with land use and public safety. It draws up its own budget. It manages its own trash collection and recycling. It maintains its own streets, maintains a sewer treatment plant, and taxes its residents to pay for these and other village services. The village is served by the Onekama Consolidated Schools, consisting of a high school, a middle school and an elementary school, all of which are located in the village. The village has had a U.S. post office since 1871 and Onekama/Onekama Township has its own zip code (49G75). Onekama has eight inns, motels or camps; has charter fishing, golf courses nearby, a snowmobile club, an Audubon center, a state of Michigan Natural Resources 3 The information in this paragraph and the next three paragraphs was taken from the Village of Onekama's website (www.onekama.inf%nekamavillage), Wikipedia's article on Onekama, and an interview on September 12,2008, with Ruth Hudson, Village Clerk (telephone: 231-889-3171). 3 facility, and a "casino"/resort. There are seven restaurants. Retail stores include "Fun Stuff," Linebacks Wine Tasting, MacBeth and Company, Miller Northwood Market, Nature's Elegance, Onekama Family Market, and several service stations with convenience stores. There are five real estate offices in the village, six contracting firms, a photo stol-e, and a doctor who specializes in internal medicine and geriatrics. Based on the foregoing, Onekama qualifies as an allocation community. It is an incorporated villafle with its own government, schools, businesses, history and community identity. Moreover, with a population of 647, it is twice as large as Custer, which had a 2000 population of only 317. Because Onekama has no other broadcast stations of any kind, and is eligible for the allocation of Channel 227A both technically and from the standpoint of the FCC's preference scheme-and because there are no other available channels--the Commission should allocate Channel 227A to Onekama, retain Channel 263A at Custer, and reject Henderson's proposed substitution for Channel 263A at Custer. Simultaneously with the filing of this counterproposal, Northern is filing an application for Onekama, Michigan on FCC Form 301 and paying the requisite filing fee. Should the FCC allocate Channel 227A to Onekama as requested, Northern will participate in the auction for the new facility and, if successful, promptly construct a new station to serve the community. WHEREFORE, It is respectfully requested that the Commission reject the proposal in the NPRM to substitute Channel 227A for Channel 263A at Custer, 4 Michigan, and instead allot Channel 227A to Onekama, Michigan as that community's first local service. Respectfully submitted, NORTHERN R 010 OF MICHIGAN, INC. By Fletcher, Heald & Hildreth, PLC 1300 North 1yth Street, 11 th Floor Arlington, Virginia 22209 (703) 812-0400 September 15, 2008 5 ~~C~A.RL T. JONE=S~~ = CORPORATION = STATEMENT OF WILLIAM J. GETZ IN SUPPORT OF COMMENTS AND COUNTERPROPOSAL IN MB DOCKET NO. 08-86, RM-11432 I am a Radio Engineer, an employee in the firm of Carl T. Jones Corporation with offices located in Springfield, Virginia. My education and experience are a matter of record with the Federal Communications Commission. This officH has been authorized by Northern Radio of Michigan, Inc. ("Northern Radio") to prepare this statement and the attached exhibit in support of a counterproposal and Comments in MB Docket No. 08-86. On July 23, 2008, the Audio Division adopted a Notice of Proposed Rulemaking ("NPRM") in response to a Petition for Rulemaking filed by Roy E. Henderson ("Henderson"). The NPRM set forth Henderson's request to modify Section 73.202(b) ofthe FCC Rules by substituting Channel 227A for vacant channel 263A at Custer, Michigan, and established a Comment date of September 15, 2008. Henderson's purpose in requesting the channel substitution at Custer is to eliminate a short-spacing with the facilities proposed in an application to upgrade the facilities of Radio Station WCUZ(FIv1), at Bear Lake, Michigan, from FM Channel 261A to Channel 264C3.' This counterproposal requests that Channel 263A remain in Custer, MI, as presently alloted. Further, it is requested that Channel 227A be added at Onekama. Michigan, in lieu of Custer, Michi~lan, to allow for a new first local service to Onekama, Michigan. As 1 See WCUZ(FM) Application for Construction Permit, FCC File No. BMPH-20070919ACM. STATEMENT OF WILLIAM J. GETZ PAGE 2 required by Section 1.401 (d) of the FCC Rules, the instant counterproposal which requests a new allotment at Onekama is accompanied by the appropriate construction permit application (FCC Form 301) and payment of the appropriate application filing fee. Channel 227A at Onekama, Michigan An engineering study of all pertinent allotments, assignments and applications revealed that Channel 227A can be added to Onekama, Michigan (U.S. Census 2000 population 647 persons) as a first local service with no site restriction. The allotment reference coordinates for Channel 227A at Onekama, Michigan, are identical to the community's reference coordinates 44° 21' 48" N.L. and 86° 12' 18" W.L. 2 An FM Channel Study from the proposed allotment reference site is attached as Exhibit A. As demonstrated on Exhibit A, the proposed Onekama allotment reference site meets allotment standards, the minimum spacing requirements of §73.207 (except as noted below) and the city-grade coverage requirements of §73.315 of the FCC Rules. In the instant proceeding, the FCC's NPRM sets forth Henderson's request to modify Section 73.202(b) of the FCC Rules by adding Channel 227A at Custer, Michigan. As shown on Exhibit A, Henderson's Channel 227A Custer, MI, allotment reference site is separated from the proposed Channel 227A Onekama, MI, allotment reference site by 34.24 km. Because this distance is less than the required 115 kilometer, cochannel, Class 2 The Onekama community reference coordinates were obtained from the FCC's on-line Community Referen·oe Coordinates Query at http://www.fcc.gov/mb/audio/bickel/atlas2.html. STATEMENT OF WILLIAM J.