NOV 2 T 2003 Marlene H-Dorich, Secretary Federal Communications Cornmission C/O Nat&, Inc
Total Page：16
File Type：pdf, Size：1020Kb
November 2 1,2003 BY HAND DELIVERY NOV 2 T 2003 Marlene H-Dorich, Secretary Federal Communications Cornmission c/o Nat&, Inc. 236 Massachusetts Avenw, NE, Suite 110 Wmshqtm, DC 20002 In the Matter of To: Chief, Allocations Branch Policy and Rdu Dividm MdaBureau m,DA 99-1945 (Mass Media Bureau, September 24, 1999), pursuant to a Notice of Proposed Rule Making issued prior to August 7,2000. No filing window for the allotment has been opened. Thus, the Petition to reserved Channel 279A4,Hubbardston is properly and timely filed.. 3. The Petition also meets the substantive requirements for reserving a channel, as set forth in the First ReDort and Order, the Second Report and Order, and Section 73.202(a) of the Commission’s Rules. The attached Engineering Statement demonstrates that, if reserved for NCE use, Channel 279A, Hubbardston would provide a first or second NCE service to more than 10% of the proposed station’s service area and to at least 2,000 people. More specifically, the Engineering Statement demonstrates that the proposed station would deliver a first NCE service to 5 YOof the proposed service area and to a population of 3,984 persons, and a second NCE service to 54.8 % of the service area and to a population of 43,376 persons. Engineering Statement, Table 2.0. Thus, in the aggregate, the proposed station would provide a first or second NCE service to 59.9 YOof the service area and to a population of 47,360. 4. In addition, the Engineering Statement demonstrates that Hubbardston cannot be served by any available reserved FM channel. More particularly, the Engineering Statement demonstrates that no reserved band frequency could be used to serve Hubbardston with relevant Class A facilities from any of the reference points specified in Paragraph 35 of the Report and Order. Conclusion Pursuant to Section 1.401(a) of the Commission’s Rules, Lansing Community College is an “interested party” in this proceeding. If Channel 279A, Hubbardston is reserved for NCE use, -2- Lansing Community College intends to apply for the channel and to build a noncommercial FM station to serve Hubbardston, Michigan. Accordingly, Channel 279A, Hubbardston, Michigan should be reserved for noncommercial educational use. Respectfully submitted LANSING COMMUNITY COLLEGE November 21,2003 By: John ngler hIts Aftorney Garvey Schubert Barer 1000 Potomac Street, NW Fifth Floor Washington, DC 20007 (202) 965-7880 -3- CERTIFICATE OF SERVICE The undersigned, an employee of Garvey Schubert Barer, hereby certifies that the foregoing document was hand-delivered* and sent by U.S. Mail, postage prepaid, to the following: W. Kenneth Ferree* Chief, Media Bureau Federal Communications Commission c/o Natek, Inc. 236 Massachusetts Avenue, NE, Suite 110 Washington, DC 20001 John A. Karousos* Chief, Allocations Branch Media Bureau c/o Natek, Inc. 236 Massachusetts Avenue, NE, Suite 110 Washington, DC 20001 Rolanda F. Smith* Federal Communications Commission Audio Division, Room 2-B450 c/o Natek, Inc. 236 Massachusetts Avenue, NE, Suite 110 Washington, DC 20001 Robert L. Olender, Esq. Counsel for Gary Zack Baraff, Koerner & Olender, P.C. Three Bethesda Metro Center, Suite 640 Bethesda, MD 20814 , Q&\ &&yo/.o r \ Girald R. Robbhs ENGi~E~R~NGSTATEMENT IN SUPPORT OF PETITION FOR RULE~AKING (NON~O~~~~ClAL~ESE~VAT~~N REQUEST) ~UBBA~~STON~MI Lansing Comm~ni~Callege Hubbardston, MI November 21,2003 Prepared for: Mr. Dave Downing Lansing Community College 1520 - Media Services P.O.Box 40010 Lansing, MI 48901-721 0 CARL E. SMtTH CONSULTING ENGINEERS CONTENTS Title Page Contents Engineering Affidavits Roy P. Stype, 111 Ronald W. Coffman ~ng~neerin~Statement 1.0 General 2.0 New First And Second NCE Aural Service Fig. 2.0 - Map Exhibit Depicting Underserved Portions of Servioe Area (Channel 279A ~ Hubbardston, MI) Table 2.0 - Population Which Would Receive New First Or Second NCE Aural Sewice (Channel 279A - Hubbardston, MI) 3.0 Availability of Equivalent Reserved Band Channels Table 3.0 - NCE-FM Frequency Search [City Reference Coordinates) Table 3.1 - NCE-FM Frequency Search (North Site) Table 3.2 - NCE-FM Frequency Search (East Site) Table 3.3 - NCE-FM Frequency Search (South Site) Table 3.4 - NCE-FM Frequency Search (West Site) Cani E Sw-w COWSLILTINGENGINEERS State of Ohio 1 ) ss: County of Summit 1 Roy P. Stype, 111, being duly sworn, deposes and states that he is a graduate EIeo trical Engineer, a qualified and experienced Communi~~ionsConsuRing Engineer whose works are a matter of record with the Federal Communications Commission and that he is a member of the Firm of "Carl E. Smith Consulting Engineers" located at 2324 North Clevelafld-Massillon Road in the Township of Bath, County of Summit, State of Ohio, and that the Firm has been retained by Lansing Community College to prepare the attached "Engineering Statement In Support of Petition For Rulemakfng (~onw~@rcialRwervatzon Request) - Channel 279A - Hubbardston, MI." The deponent states that the Exhibit was prepared by him or under his direction and is true of his own knowledge, except as to statements made on information and belief and as to such statements, he believes them to be true. Subscribed and sworn to before me on November 21,2003. .- .- . __.___.. .. .. .. ~N~INEERI~~AFFIDAVIT State of Ohio 1 ss: County of Summit 1 Ronaid W. Coffman. being duly s(~orn,deposes and states that he is a qualified and experienmd Communications Consulting Engineer whose works are a matter of record with the Federal Communications Commission and that he is a member of the Firm of "Carl E. Smith Consultin Engineers" located at 2324 North Cleveland- Massillon Road in the Township of Bath, County of Summit, State of Ohio, and that the Firm has been retained by Lansing Community College to prepare the attached "Engineering Statement In Supporl of Petition For Rulemaking (Noncommercial Reservation Request) - Channel 279A - Hubbardston, MI." The deponent states that the €Mibitwas prepared by him or under his direction and is true of his own knowledge, except as to statements made on information and belief and as to such statements. he believes them to be true. Subscribed and sworn to before me on November 21,2003. iswu CARL E SW-n CONSULTING ENGINEERS "" ENG~N~~RINGSTATEMENT 1.0 GENERAL This engineering statement is prepared on behalf of Lansing Cocnmunity College in support of a request to reserve the presently vacant allotment on Channel 279A in Hubbardston, Michigan for noncom rcial educational (*NCE")use, It documents that this channel reservation request complies with the criteria outlined in the Second Re- port and Qrderin MM Docket 95-31 and the FCC's Public Notice of September 30, 2003, permitting the reservation of Channel 279A in Hubbardston for NCE use. Channel 279A was allotted $0 Hubbardston. ichigan in MM Docket 59-80, with a site restriction 2.1 kilometers west of the community. The geographic reference coor- dinates for this allotment are: NL .. 43@05' 53" VL'L - 84" 51' 54" The Notice of Proposed ~~~~e~~~iffgin this proceeding was issued on March 19, 1959, which is prior to the August 7, 2000 effective date of the relaxed NCE reservation crite- ria adopted in the Second Report and Order in MM Docket 95-31. Furthermore. since a >windowhas never been opened to permit the filing of Construction pennit applications for this allotment, it is obvious that there are no such applications presently pending for this aiiotment. Thus, this allotment meets the eligibility criteria for such a reservation request and was properly included in Attachment A to the FCC's September 30; 2003 Public Notice. Section 2.0 of this engineering statement documents that the reservation of Chan- nel 279A in Hubbardston for NCE use would provide a first or second NCE service to 47.360 persons, or 59.9% of the population within the predicted 60 dBu contour for this allotment. Thus, this proposed reservation request complies with the require in order to be eligible for reservation, the allo nt must provide a first or second NCE service to at least 15%of the population within its 60 dBu contour. Section 3.0 of this engineering statement details the results of preclusion studies which were conducted lo evaluate the availability of reserved band channels for use in Hubbardston in lieu of reserving this existing allotment for NCE use. These studies, v&ich were conducted utilizing the procedures outlined in Paragraph 35 of the Second Report and Order in MM Docket 95-31, clearly document that there are no Ciass A channels in the reserved band available for use in Hubbardston. Thus, this reservation request afso complies with the requirement that no same class reserved band channel be available for use in the same community in order to reserve an allotment in the nonreserved band for NCE use. Based on the above information, it is obvious that this proposal to reserve the pfesent allotment on Channel 279A in Hubbardston, Michigan for noncommercial edu- cational use fully satisfies all of the necessary criteria to permit such a reservation, permitting this allotment to be resewed solely for use by noncommercial educational FM stations CARLE SU:-tx CONSULTING ENGINEERS 20 FIRST AND SECOND NCE AURAL SERVICE Figure 2.0 ISa map exhibit depicting the predicted 60 dBu contour for Channel 279A in Hubbardston, as well as the predicted 60 dBu contours for all authorized NCE- FM stations who provide 60 dBu service to any portion of the proposed 60 dBu service area. The other stations depicted in this map exhibit include only NCE-FM stations operating in the reserved band and NCE-FM stations operating in the non-reserved band which occupy allotments reserved for NCE-FM use Pursuant to the policy out- lined in Paragraph 43 of the Februaiy 28,2001 ~emo~~umOpinion and Order in M Docket 9131, AM stations which operate noncom~r~ailyand NCE-FM stations oper- ating in the non-reserved band which occupy allotments which are not resew& for noncom~rcialuse were excluded from these studies, as were Class D NCE-FM sta- tions, FM translators, and LPFM stations.