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OR\G\NAL FEDERAL COMMUNICATIONS COMMISSION Washington, D.C Before the OR\G\NAL FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DOCKET FILE COpy ORIGINAl In the Matter of ) ) Amendment ofSection 73.202(b) ) MM Docket No. 99-278 Table ofAllotments ) RM-9424 FM Broadcast Stations ) (Susquehanna, Pennsylvania and Conklin, ) New York) To: Chief, Allocations Branch Policy and Rules Division Mass Media Bureau - Mail Stop 1800D5 JOINT COMMENTS OF MAJAC AND EOUINOX 1. Majac of Michigan, Inc., ("Majac"), licensee of Station WKGB-FM, Channel 223A, Susquehanna, Pennsylvania, and Equinox Broadcasting Corporation ("Equinox"), licensee ofStation WCDW(FM), Channel 263A, Conklin, New York, hereby jointly comment in support ofproposals made in the Commission's Notice ofProposedRulemaking in this proceeding, DA 99-149 (released September 10, 1999) ("Notice"), published at 64 FR 51284 (Sep. 22, 1999). Statement 2. Majac and Equinox jointly filed a Petition for Rule Making ("Petition") on October 14, 1998, requesting that the communities of license, but not the frequencies, of WKGB-FM and WCDW(FM) be exchanged. WKGB-FM would continue to operate on Channel 223A, but the license would be modified to specify operation at Conklin, rather than Susqueheanna; and WCDW(FM) would continue to operate on Channel 263A, but the license would be modified to specify operation at Susquehanna, instead of Conklin. Equinox indicated it did not propose to relocate the transmitter for WCDW(FM), but because it currently operates on a short-spaced basis, No. of CQpies. rec'd--.Dd. UstABCDE it did set forth a theoretical site that showed the reallotment satisfied the Commission's technical spacing requirements. Majac did propose a minormodification ofWKGB-FM'stransmittersite, and it provided an engineering showing that such a modification would fully comply with the Commission's technical regulations. l 3. On September 10, 1999, the Commission released its Notice, proposing to amend theFM Table ofAllotments as follows: Community Present Proposed Susquehanna, PA 223A 263A Conklin, NY 263A 223A In connection with this reallotment, the Commission also proposed to modify the licenses of WKBG-FM and WCDW(FM) accordingly. The Commission noted that because the proposal was an exchange ofallotments, local service would be maintained at both Susquehanna and Conklin, and no community would be deprived ofa local transmission service. Further, the FCC recognized that the exchange would allow WKGB-FM to expand its service area, while any areas that would lose service as a result of the proposed WKGB-FM transmitter relocation would continue to receive service from at least five other radio stations. Response to Commission Requests 4. In the Notice, the Commission requested that Equinox provide a gain/loss study for the alternate fully-spaced site for Channel 263A at Susquehanna. This study is attached hereto as Exhibit A. It shows that WCDW(FM) would provide city-grade coverage (3.16 mV/m) over Susquehanna, Pennsylvania from the fully-spaced site. The 60 dBu contour ofWCDW(FM) would increase from covering 2,498.3 square kilometers to 2,516.1 square kilometers. 2,216 persons would 1 A study ofgain and loss areas was also submitted by Majac. - 2 - gain service, and while 10,189 would lose service, most persons in the loss area would continue to receive well in excess of five or more other primary radio services. See Exhibit A. Therefore, operation from the theoretical transmitter site would be wholly consistent with Commission precedent. 2 5. The Commission also requested that Majac and Equinox submit a copy ofthe agreement whereby Majac has agreed to compensate Equinox for its participation in this proceeding and for accepting a modification ofthe WCDW(FM) license. A copy ofthis agreement is attached hereto as Exhibit B. 3 Declaration ofIntent 6. If the proposal set forth in the Notice is adopted, Majac intends to promptly file the appropriate application for Channel 223A at Conklin, New York, and ifauthorized, will promptly construct the WKGB-FM facilities contemplated therein. In addition, Equinox intends to promptly file the appropriate application to modify its license to specify operation on Channel 263A at Susquehanna, Pennsylvania.4 2 See, e.g., Arcadia and Fort Meade, Florida, 13 FCC Rcd 1989 (Alloc. Br. 1998) (granting the reallotment ofa station even though loss areas were created, as the loss areas would continue to be well-served by five or more reception services.) 3 Although Equinox and Majac believe that the agreement is not relevant to their reallotment request, they are submitting it so that their reallotment request may be granted in an expeditious fashion. They submit that the amount to be paid by Majac to Equinox constitutes "commercial or financial infonnation" under Section 0.457(d) of the Rules and thus should not be disclosed to competitors in the marketplace. Accordingly, that figure has been redacted. 4 Majac will file its application on Fonn 301, because it proposes facilities changes. It is submitted that Equinox should be able to file its application directly on Fonn 302-FM, because the only change will be its community oflicense. - 3 - ---._-- _--------------------- Conclusion For the foregoing reasons, Majac and Equinox hereby respectfully request that the Commission re-allot Channel 263A from Conklin, New York to Susquehanna, Pennsylvania, and modify the license ofradio station WCDW(FM) accordingly, and to re-allot Channel 223A from Susquehanna, Pennsylvania to Conklin, New York, and to modify the license ofradio station WKGB-FM accordingly (with the reference coordinates previously specified). Respectfully s mitted, 2101 Blue Paper Trail Irwin, Campbell & Tannenwald, P.C. Columbia, MD 21044-278 7 1730 Rhode Island Avenue, NW, Tel. 301-596-1655 Suite 200 Fax 301-596-1656 Washington, DC 20036-3101 Tel. 202-728-0400 Fax 202-728-0354 Counsel for Equinox Counsel for Majac ofMichigan, Inc. Broadcasting Corporation Dated: November 1, 1999 - 4 - "-------"'"-,,,'",,,------ -------------------- EXHIBIT A NOTARIZED COPY ENGINEERING STATEMENT IN SUPPORT OF COMMENTS MM DOCKET 99-278 CHANNEL 223A - CONKLIN, NY CHANNEL 263A - SUSQUEHANNA,PA Majac of Michigan, Inc. Susquehanna, PA October 28, 1999 Prepared For: Mr. Marc Steenbarger Majac of Michigan, Inc. 3301 Country Club Road Suite 2218 Endwell, NY 13760 CARL E. SMITH CONSULTING ENGINEERS 2324 N. CLEVE-MASS RD., BOX 807 330/659-4440 FAX: 330/659-9234 BATH, OHIO 44210-0807 CONTENTS Title Page Contents Engineering Affidavits Roy P. Stype, III Elmer L. Steingass Engineering Statement Fig. 1.0 - WCDW Present And Proposed 1 mV/m Contours Table 1.0 - Present And Proposed WCDW Area And Population Table 1.1 - Partial Listing Of Stations Providing Full Time Service To WCDW Gain And Loss Areas CARL E. SMITH CONSULTING ENGINEERS ---- ENGINEERING AFFIDAVIT State of Ohio ) ) ss: County of Summit ) Roy P. Stype, III, being duly sworn, deposes and states that he is a graduate Elec- trical Engineer, a qualified and experienced 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 Consulting 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 Majac of Michigan, Inc. to prepare the attached "Engineering Statement In Support of Comments - MM Docket 99-278 - Chan- nel223A - Conklin, NY - Channel 263A - Susquehanna, PA." 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 October 28, 1999. ~ GAIL M, ELROD, Notary Public Residence· Summit County Slate Wide Juriooletion, Ohio My Commission E:Qir.31l May 26. 20M ISEAU ---- CARL E. SMITH CONSULTING ENGINEERS ---- ENGINEERING AFFIDAVIT State of Ohio ) ) ss: County of Summit ) Elmer L. Steingass, being duly sworn, deposes and states that he is a qualified and experienced 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 Consulting 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 Majac of Michigan, Inc. to prepare the attached "Engineering Statement In Support of Comments - MM Docket 99-278 - Channel 223A - Conklin, NY - Channel 263A - Susquehanna, PA." 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. ~­L.~~ Elmer L. Steinga~ Subscribed and sworn to before me on October 28, 1999. Not~~ GAIL M. ELROD, Notary Public R9Sl~nce • Summit County ISEAU State Wide Jurisdiction, Ohio Hi' Commis,d(Jn Expires May 26, 2002 ----- CARL E. SMITH CONSULTING ENGINEERS ---- ENGINEERING STATEMENT This engineering statement is prepared on behalf of Majac of Michigan. Inc, li- censee of Radio Station WKGB-FM - Susquehanna, Pennsylvania, and proponent of MM Docket 99-278, which proposes a swap of communities of license between WKGB- FM and WCDW(FM) - Conklin, New York. Specifically, the above referenced Notice of Proposed Rulemaking ("NPRM") in this proceeding proposes to reallot Channel 223A from Susquehanna, Pennsylvania to Conkin New York for use by WKGB-FM and to reallot Channel 263A from Conklin, New York to Susquehanna, Pennsylvania for use by WCDW. This engineering statement supports comments in this proceeding and supplies additional information requested in the NPRM . Although it is not actually proposed to relocate the WCDW transmitter site, it was necessary to specify reference coordinates for Channel 263A in Susquehanna which differ from those of the presently licensed WCDW transmitter site, due to the fact that the present WCDW operating facilities were authorized from a short spaced site under the FCC's contour protection rules.
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