9 FCC Red No. 7 Federal Communications Commission Record FCC 94-56

tion, contending that the WYUU transmitter caused FM Before the blanketing interference to Tyrone©s household electronic Federal Communications Commission equipment and exposed persons at his residence to exces Washington, D.C. 20554 sive levels of radiofrequency ("RF") radiation. By letter to the Commission, dated May 5, 1989, WYUU submitted a detailed report of the steps it had taken to address Tyrone©s In re Application of concerns.3 In the August 24, 1989 letter, the Bureau denied Tyrone©s informal objection and granted the WYUU license ENTERTAINMENT File No. BLH-880922KB application after finding that "all the interference com plaints for which fWYUU is] responsible have been re COMMUNICATIONS, INC. solved" and that "the [WYUU| facilities are in full accord Station WYUU(FM) [formerly WXCR| with the applicable limits on human exposure to Safety Harbor, Florida radiofrequency radiation." 3. In his application for review, ©©"yrone states that the For License to Cover problems with WYUU have not been resolved and that he Construction Permit is "extremely disturbed" that the Bureau ruled on his objection "without verifying if in fact the problems [WYUU| created had been rectified." Acknowledging that MEMORANDUM OPINION AND ORDER representatives from WYUU have on more than one occa sion contacted Tyrone in an attempt to resolve the FM Adopted: March 8, 1994; Released: March 22, 1994 blanketing interference and RF radiation exposure com plaint, Tyrone states that he has "been unable to arrange By the Commission: access to [his] home for their repair men." Notwithstand ing, Tyrone maintains that he "had to replace a recently purchased remote control TV with a manual model due to 1. The Commission has under consideration an applica uncontrollable channel switching .... [b|ecause of the tion for review1 filed on September 13, 1989 by John W. extremely high level of [RF] radiation." He also states that Tyrone, Pro Se ("Tyrone"). Tyrone requests review of the he is "still concerned with the potential health hazard of action of the Mass Media Bureau ("Bureau") denying his long term exposure to the antenna©s RF radiation." In this informal objection and granting the above-captioned ap regard, Tyrone "estimates that [WYUU©s] own test[s] show plication for license filed by Entertainment Communica radiation exposures on my property exceed the NCRP limit tions, Inc. ("WYUU"), permittee of FM Station WYUU, by a factor of 48 times and the ANSI limit by a factor of Safety Harbor, Florida.2 See Letter from Chief, Audio Ser 38.4 times" (emphases in original). Finally, Tyrone re vices Division to Entertainment Communications, Inc. (Ref. quests, in the event of an unfavorable ruling on his ap 8920-JD), dated August 24, 1989. WYUU filed an Opposi plication for review, the following: tion on October 27, 1989. We deny the application for review for the reasons set forth below. (i) that a test be conducted by an independent, qualified company to monitor current and future RF BACKGROUND radiation levels to which his property and family are 2. On September 22, 1988, WYUU filed a license ap exposed, with a copy of the test results made avail plication to cover its construction permit to upgrade its able to him; facilities from a Class A to C2. Shortly before that, on September 17, 1988, Tyrone had filed an informal objec

1 Although this pleading requested review by the full Commis addition, Tyrone complained of interference to his VCR. Inves sion, the pleading was mis-styled as a petition for tigation determined that the problem with the VCR was in a reconsideration. The Bureau informed the parties that the Ty servo-motor and not in the RF portion of the VCR. Neverthe rone petition would be treated as an application for review less, WYUU replaced Tyrone©s VCR with a new Panasonic pursuant to 47 C.F.R. § 1.115. See Letter from Chief, Audio VCR. Tyrone also complained of interference to his cordless Services Division to John W. Tyrone (Kef. 8920-MW), dated phone. Upon investigation, WYUU found that Tyrone had an October 3, 1989. old, inexpensive, poorly shielded phone with a broken circuit 2 On December 23, 1992, pursuant to prior Commission ap board and a broken antenna. Nonetheless, WYUU purchased a proval (File No. BALH-921204HP), the license for WYUU was new AT&T cordless phone for Tyrone. WYUU also modified a assigned pro forma to ECI License Company, L.P. speaker wire on Tyrone©s stereo system. In mid-October 1988, 3 WYUU reported that, on September 16, 1988, WYUU©s Sta Tyrone instructed WYUU not to return to complete any fur tion Manager, Tom Shealy, attempted to call upon Tyrone at ther investigation or work at his property. On October 21, 1988, his residence and, finding that Tyrone was not at home, left a WYUU wrote to Tyrone expressing its desire and willingness to letter for Tyrone. Thereafter, Tyrone contacted WYUU and return to complete its investigation and to remedy any remain WYUU began investigating Tyrone©s complaints. His primary ing RF radiation problems caused by WYUU. Tyrone instructed complaints were the proximity of the tower to his residence and WYUU that he did not wish WYUU to return. WYUU made RF radiation exposure. WYUU engaged an independent en follow-up calls to Tyrone on November 30, 1988 and December gineering consultant to measure the RF radiation levels in 9, 1988 to confirm WYUU©s commitment to resolve any com Tyrone©s home. The study concluded that the RF radiation plaints he may have regarding RF interference caused by levels were within permissible limits and were not hazardous. WYUU. Tyrone indicated that he would think about the matter WYUU forwarded a copy of the study report to Tyrone and to and would inform WYUU if and when he wanted WYUU to Mr. Daubar of the FCC Tampa Field Office, who performed an return. WYUU has had no further communication from Ty on-site investigation at Tyrone©s residence on April 12. 1484. In rone.

1557 FCC 94-56 Federal Communications Commission Record 9 FCC Red No. 7

(ii) that WYUU be required to correct all current 6. In the application for review, the only support that and future RF problems as household items are re Tyrone offers for his contention that his interference con placed or new items added; and cerns are "unresolved" is that he "had to replace a recently (iii) that WYUU be required to defend his property purchased remote control T.V. with a manual model due against any lawsuit arising under the Florida Real to uncontrollable channel switching." We agree with Estate Disclosure Law which may hold him liable to WYUU that this malfunction is not evidence of FM blan any purchaser of his property for deficiencies result keting interference since wireless remote control devices ing from the proximity of WYUU©s antenna. utilize infrared frequencies to transmit switching informa tion. The infrared band is located between 300 gigahertz to 500 terahertz, and is far removed from WYUU, which 4. In its opposition, WYUU states that "the single in operates on 92.5 megahertz. We are not aware of any stance noted by Mr. Tyrone as evidence of continuing [FM mechanism by which WYUU could technically be the blanketing interference] experienced by him ... that the cause of the alleged interference to the infrared remote remote control of a television receiver would not function control. As to future interference problems which may properly -- could not be caused by RF radiation." WYUU arise as household items are replaced or new items added, adds that "in no instance has there been any reading Section 73.318(b) limits WYUU©s financial obligation to measured on Mr. Tyrone©s property, whether repeatable or solve such problems to the one year period beginning with momentary, which approaches the applicable ANSI limit the commencement of program tests from the modified [for exposure of humans to RF radiation]." facilities. After the one year period, which in this case expired in September 1989, licensees are legally responsible only for providing technical information or assistance to DISCUSSION complainants on remedies for blanketing interference. 5. The technical term applied to electrical interference Hence, we find no basis for Tyrone©s contentions and caused by the RF signal from an FM transmitting antenna proposed conditions on the WYUU license regarding to FM and TV receivers located within the 115 dBu con present or potential blanketing interference.4 tour of the antenna is "FM blanketing interference." See 7. We also find no basis for Tyrone©s claim of exposure FM Stations (Blanketing Interference), 57 RR 2d 126, 126 to excessive levels of RF radiation. The record indicates (1984); Calvary Educational Broadcasting Network, Inc., 1 that WYUU hired the Chief Operator for Station WUSA, FCC Red 4037, 4037 n.3 (1992). The responsibility of a Tampa, Florida, to take RF radiation measurements on licensee to correct FM blanketing interference is set forth Tyrone©s property and that such measurements were taken in 47 C.F.R. § 73.318. In pertinent part, Section 73.318(b) on September 26, 1988. The Commission©s technical staff provides that: has reviewed the study and data submitted by WYUU and has determined that they are consistent with the results [Licensees who . . . request facilities modifications obtained by employing the prediction model and calcula and are issued a new construction permit must satisfy tions described in one of the Commission©s technical bul all complaints of blanketing interference which are letins (OST Bulletin No. 65, October 1985). The results of received by the station during a one year period. The WYUU©s study indicate that the RF radiation level on period begins with the commencement of program Tyrone©s property is below the threshold level recommend tests, or commencement of programming utilizing ed by the American National Standards Institute ("ANSI"). the new antenna. Resolution of complaints shall be at The ANSI recommendations have been adopted by the no cost to the complainant. These requirements spe Commission for use in evaluating human exposure to RF cifically do not include interference complaints re radiation. See 47 C.F.R. § 1.1307(b). Further, the Bureau©s sulting from malfunctioning or mistuned receivers. . . study based on its theoretical application of OST Bulletin No. 65 confirms this result.5 Thus, we can find no validity to Tyrone©s claim.67

4 We note that complainants are expected to cooperate reason readings were unrepeatable and. in any event, are below the ably with the station in resolving FM blanketing interference. In ANSI standard. Moreover, Tyrone has not explained how he view of our conclusion that Tyrone has not shown any continu computed his contrary estimate, which he states is based on ing FM blanketing interference, we need not decide whether his WYUU©s report, that the RF radiation measurements on his apparent decision to deny WYUU personnel further access to property reached 38.4 times the ANSI standard, and the Bureau his premises, see supra note 3, was unreasonable and, thus, has not been able to verify this result through technically excused WYUU from any further obligation to cure his recep accepted means. tion problem. 5 The more restrictive standards of The National Council on 5 As specifically cited in its August 24, 1989 letter, the Bureau©s Radiation Protection and Measurements ("NCRP") cited by Ty study revealed that, given the authorized operating parameters rone are not used by the FCC for purposes of environmental for WYUU, the amount of RF radiation at the base of the evaluation, and, even if they were, the readings that appeared to WYUU tower is only 16.6% of the ANSI limit. This amount be in excess of NCRP guidelines were extremely localized and decreases as the distance from the tower increases (and as the would not be considered indicative of ambient exposure. distance to Tyrone©s property decreases). The highest measured 7 We thus find no basis to impose Tyrone©s proposed conditions repeatable reading both inside and outside of Tyrone©s residence on the WYUU license regarding RF radiation exposure. As to was 16% of the ANSI standard. Though there was a single Tyrone©s apparent contention that the value of his property isolated reading of 53% of the ANSI standard obtained on the may be diminished because of its proximity to the WYUU ceiling of the master bedroom directly in front of the bathroom tower, this is a matter outside the Commission©s jurisdiction. door, and a similar isolated reading outside near the fence, these

1558 9 FCC Red NO. 7 Federal Communications Commission Record FCC 94-56

8. ACCORDINGLY, IT IS ORDERED, That the applica tion for review filed by John W. Tyrone IS HEREBY DENIED.

FEDERAL COMMUNICATIONS COMMISSION

William F. Caton Acting Secretary

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