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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of: } } Amendment of Service and } MB Docket No. 07-172 Eligibility Rules for FM } RM-11338 Broadcast Translator Stations } To: The Commission COMMENTS OF HERNANDO BROADCASTING COMPANY, INC. Hernando Broadcasting Company, Inc. (“Hernando”), by and through its attorneys, hereby submits the following Comments in response to the Notice of Proposed Rule Making released on August 15, 2007, in the above-referenced proceeding.1 In the NPRM, the Commission proposed that FM Translators be permitted to retransmit the signals of AM Broadcast stations, under certain conditions. Hernando is the licensee of Station WWJB(AM), Brooksville, Florida (the “Station”), which is a Class C (old Class IV) broadcast facility, and is authorized to operate with 1 kilowatt of power. As a Class C facility, the Station receives substantial interference from other AM stations during night-time hours. In fact, listeners located three miles from the Station’s transmitter site often complain that they are unable to receive the Station’s signal at night. This level of interference substantially affects the ability of Hernando to serve its local community, and Hernando strongly urges the Commission to adopt the proposed rules that would permit FM translators to retransmit the signals of AM stations within their coverage area. As 1 In the Matter of Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Notice of Proposed Rule Making, 22 FCC Rcd 15,890 (2007)(the “NPRM”). A summary of the NPRM was published in the Federal Register on November 6, 2007. See 72 Fed. Reg. 62616. discussed in more detail below, Hernando was the first station licensed to Hernando County, Florida in 1957, and has been recognized as a leader in providing local news and emergency information to its local community. The use of an FM Translator to retransmit the Station’s signal during such emergencies would provide a greater level of service during nighttime hours, and would greatly serve the public interest. DISCUSSION As noted in the NPRM, the AM service suffers from inherent technological limitations, and the Commission has taken substantial steps in the past 20 years to reduce the level of interference caused to AM stations.2 Despite these efforts, however, the existence of power lines, the explosive growth in the use of computers, traffic signal sensors, and other sources of electromagnetic interference substantially reduce the quality and reach of the AM signal, especially during nighttime operation. Exacerbating the situation is the change in the Daylight Savings Time last year, which resulted in a greater portion of morning drive-time to be during nighttime hours.3 On the other hand, AM stations are critical sources of local programming, and sometimes provide the sole source of news and talk programming in communities.4 With respect to WWJB, in 2004, the Hernando Today lauded the service provided by Hernando in the aftermath of Hurricane Frances. A copy of the news article is attached as Exhibit A. As noted therein, while other sources of information (cable, internet) became inaccessible during the hurricane due to power outages and service disruptions, WWJB provided 24-hour storm coverage and served as a critical outlet for the weather updates from county officials. 2 NPRM, ¶3. 3 Id. ¶ 3-4 (citing Energy Policy Act of 2005, Pub. L. No. 109-58). 4 NPRM, ¶ 5. However, this was not the first time that WWJB provided this valuable service to Hernando County. In 1993, a severe storm struck Hernando County, and WWJB provided around-the-clock coverage of the storm, detailing the power outages, locations of evacuation shelters, and county weather updates. See Exhibit B. In fact, the police, EMT, and power company employees relayed information directly through WWJB to provide answers to questions raised by local citizens calling into the Station. This is the very essence of local programming and community service, and the additional use of an FM Translator during these storms would have provided better coverage to the local community. Therefore, Hernando strongly supports the Commission’s proposal to permit certain AM stations to use FM Translators to retransmit their signals. Hernando believes that the Commission’s proposal to permit such retransmission as a fill-in service, i.e., service within the lesser of (1) the 2 mV/m daytime contour or (2) a 25 mile radius of the station’s transmitter site,5 strikes an appropriate balance between the need for the service, and the possible preclusive effects of such usage on other FM spectrum uses. At the same time, though, Hernando urges the Commission to remain cognizant of the interrelationship between this proceeding and the proposed rules recently released in the Low Power FM (“LPFM”) proceeding.6 In the Second Further Notice, the Commission sought comment on whether LPFM stations should receive interference priority over FM translators in certain circumstances. The Third Report and Order also dismissed thousands of applications for new FM translators. 5 Id., ¶ 20. 6 Creation of a Low Power Radio Service, Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 07-204, released on Dec. 11, 2007. Hernando is concerned that these actions may preclude available FM spectrum for future use of FM translators by AM stations. In Hernando County, there are no available FM translators for use by WWJB, and the interference priority given to LPFM stations may preclude such usage in the future. In light of the Commission’s tentative decision that the public interest is served by the use of FM translators in conjunction with AM stations, based in large part on the substantial local programming that existing commercial AM licensees provide to their local communities, the Commission must be very careful to not preclude the use of FM translators for AM stations by taking action in the LPFM proceeding that will eliminate the eventual filing window for new FM translators. As such, Hernando supports the proposal that the first round of licensing FM Translators be limited to Class C and Day-time only AM stations, and also require that the FM translators receive the signal over-the-air, rather than being fed by a satellite or other means. If the Commission’s goal of augmenting local service by AM stations is to be met, these requirements should ensure that the Commission’s processes are not corrupted for personal gain, as the Commission notes occurred in the last FM Translator filing window. CONCLUSION Thus, Hernando Broadcasting Company, Inc., strongly supports the Commission’s proposed rules to permit AM stations to utilize FM translators to provide local service to their communities. At the same time, Hernando urges the Commission take the necessary steps to protect this new service from being harmed by the licensing of new LPFM stations. In light of the clear benefits provided by AM stations to their local communities, the Commission must ensure that its efforts are not thwarted by such actions on behalf of LPFM stations. Respectfully submitted, HERNANDO BROADCASTING COMPANY, INC. By: Lee G. Petro FLETCHER, HEALD & HILDRETH, PLC 1300 North 17th Street, 11th Floor Arlington, Virginia 22209 (703) 812-0400 – Telephone (703) 812-0486 – Telecopier Its Attorneys January 7, 2008 Exhibit A Local radio station serves up vital weather information \" ---- For the two OWl1ers orthe :' -'i1'l:i'lf ii.Ic·~r;nf'"H EROE S their local.family-owned radio sta- CABLE FAILS LISTENERS GET Broo~e-basecl AM radi? stalion ~c(;)' c'~'"..;'",j r:l&,ii, .. ' ,tion. ,. l 1NWjR II s been an exhauslmg wee k, . And the broadcast continued unm- "My mind is so foggy; the days have Flon~. last Saturday afternoon. lenupted, desflite the chaos outside. UPDATES FROM WWJB run together: said Steve, TelevlSIon stallons Launched 2~-hour . ' "We're downtown, on a hill, in a Never mind the possibility that srorm coverage. Newspapers dissect- lWo-StOfY office buildingwhere the Hurricane Ivan may hitThesday. ed forecasts andweather data.. ceiling tiles were vibrating because of By",",LQIllNUN "' refuse to believe it: Steve said. But when the storm amved In . the wind coming in under the eaves: pqulnlan.@'hentandoloday.com "Holy smoke. I don't think.we can Hernando ~unty, many sa,,: theJr Steve said. "The thought occurs fa I)'l3ke it through another one right cable teleVIsIon cut and the ltghts go you, whaUOrl ofwind would if take BROOKSVfUI - Steve Manual and now," oue. to blowthe roofoff!" his wife, Barbara, have slept on couch Multi-million doUarnews organiza' ~-orthousands~HernandoCounty U's not ofien thaf a storm as dam· cushions on the floor oftheir offices tions across the Slate pounced Oll :"S.den,1S trapped In bomes and stuck agingas Frances strikes the county, in downtown Brooksville for sixdays Hurricane Frances long before she In public shelters.. there was only one and wunting. blew ashore on the east coast of place left to ttJrn forinformation - S.dEllO£S, h.&e Al - ::-'.:r~,~-~~~·"··-· ,..','..- "-"'<~.I~ ',- .'~;~~~E.-;~:~'~ ;;;~.'_~.:;"~:~~~~·:_-3~!_~~_t:-_:H ·~~~~~:~~.~-:i-~~~{.~:-~ftt~;~~: ~~ ·¥-1r;r~~T:7.t~~;:~--t:~~~#1f/ )r~(~~~~·:~~,-:--~·t:;~;~;·:- . - -:".:;,=-~- -.,,:, . .. -.... -. '. - __ ~ .._~. ~~~ ..... b ................. ' ."lU~c:i:Io .t)l='Ccu l .....JL..,p,........ r;:;.~. "" ..... .......... t-"~ Manual said. officials and sometimes just a "But it's reaUy an emotion­ calming presencein the HEROES aUy stressful situation when homes and cars of listeners. IIERNAIlOO TO!IAy it's JUSt one hurricane after , "We try to be a friendly "".c.o..a ..... another. We know a lot of peo­ wice in the darkness: said ..........~~"..... ,.,..., 5044--"5100 i Cocrtinued rrom I'a&' Al ple are tuned into us for help Manual, who worked at the 'VOL :18. No. 256 and informatiOfL and you station as a high school stu­ I But the Manualshave seen want to be able to flrovide dent before purchasing if purchas~ -\~?t.'~:~ -~ .-.,.
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