•
Before the Federal Communications Commission Washington, D.C. 20554
In the Matter of ) ) Amendment of Section 73.202(b) ) MB Docket No. 04-319 Table of Allotments, ) RM-10984 FM Broadcast Stations. ) (Coal Run, Kentucky and Clinchco, Virginia) ) FILED/ACCEPTED
To: Office ofthe Secretary (Attention: The Commission) JUL 18 2011 Federal Communicabons Commission APPLICATION FOR REVIEW Office of the Secretary
Dickenson County Broadcasting Corp. ("Dickenson"), licensee ofWDIC-FM, Channel
221A, at Clinchco, Virginia, by its attorneys, pursuant to Section 1.115 of the Rules, hereby files
this Application for Review ofthe action ofthe Chief, Audio Division taken in the Memorandum
Opinion and Order, DA 11-1072, released June 17, 2011 ("MO&O,,).l The action taken in the
MO&O under delegated authority is based on erroneous facts and must be reversed by the full
Commission. In a separate pleading, Dickenson is today filing a Motion ofStay ofthe MO&O
because of the irreparable harm the channel change will cause to Dickenson's radio station.
I. Background
The MO&O granted a Petition for Reconsideration filed by East Kentucky Broadcasting
Corporation ("East Kentucky"), licensee of Station WPKE-FM, Coal Run, Kentucky, ofthe Audio
Division's action in Coal Run, Kentucky, and Clinchco, Virginia, 22 FCC Rcd 5347 (MB 2007)
("R&O"). That action had denied East Kentucky's proposal to substitute Channel 221C3 for
I Under Section 1.4(j) of the Rules, Dickenson is filing this Application for Review on July 18, 2011, which is within 30 days of the release of the MO&O since the 30th day following release of the MO&O fell on a Commission holiday. As the MO&O is a document in a notice and comment rulemaking proceeding, it must be published in the Federal Register, and public notice runs from the date ofpublication. As ofJuly 18,2011, the MO&O had not been published in the Federal Register. Dickenson is filing today in an abundance of caution; however, Dickenson (continued....) H_ ! '"'~.~·n~ .~~,'r" A. 1..1 ' !\.fY-~ 0: LJ.. ',.~~c\";) ~ 'l':,:';"V U_Jl.t..-L- L1L;\ 8e DE Channel 276A at Coal Run, to modify Station WPKE-FM's license accordingly, and change the
operating channel ofWDIC-FM from 221A to 276A to accommodate East Kentucky.
On October 4, 2004, Dickenson showed why its license for WDIC-FM should not be
modified as proposed in the Audio Division's Notice of Proposed Rule Making and Order to
Show Cause, DA 04-2501, released August 12,2004. Dickenson showed that there was a major
terrain obstruction between Coal Run and the proposed reference site that would preclude 70
dBJ-L service to Coal Run in contravention of Section 73.315(b) of the Rules. The R&O denied
East Kentucky's proposed upgrade on Section 73.211(a) grounds.
In its Petition for Reconsideration, East Kentucky claimed that the R&O misapplied
Section 73.211. In its Opposition, Dickenson showed that, even assuming arguendo, East
Kentucky was correct about the application ofSection 73.211(a), the proposal is not technically
feasible because the terrain obstruction is worse than originally reported by East Kentucky and
will require a significantly taller tower than indicated in the R&D. Dickenson rebutted the
presumption that a proposed allotment site is available and feasible because East Kentucky did
not show that it can construct a tower of 401 meters (1,317 feet) in mountainous terrain or obtain
FAA clearance for the tower. 2
Although Dickenson submitted a terrain profile showing that a single radial does not
provide line of sight to a reference point at the outer boundary of Coal Run, in the MO&O, the
Audio Division said, "line ofsight is not absolutely required under Section 73.315(b) ofthe
Rules provided that an engineering showing is made that the received signal strength as transmitted from the site will exceed 70 dBJ-L and will encompass the principal community."
(...continued from previous page) reserves the right to supplement this Application for Review should the MO&O be published in the Federal Register.
2 Based on an engineering study East Kentucky submitted in its Reply to Dickenson's Opposition
to Petition for Reconsideration, the Audio Division found that East Kentucky had demonstrated
"that a 70 dBfl signal will encompass Coal Run. from the proposed transmitter site with facilities
ofa towerof207 meters (679 feet) above ground level, aHAATof375 meters (1,230 feet), and
an ERP of 1.75 kW," and that East Kentucky had demonstrated compliance with Section 73.315 of the Rules. The Audio Division also stated its belief "that a tower of207 meters (679 feet) does not trigger the concerns raised by Dickenson County with respect to a tower in excess of
400 meters (1,312 feet)," and so did not treat Dickenson disparately from East Kentucky for the reason that the facts involving Dickenson's proposal were "distinguishable from the present proceeding because the terrain obstruction in that earlier case was far more severe." Effective
August 1, 2011, the Audio Division intends to involuntarily substitute Channel 276A for
Channel 22lA at Clinchco, Virginia, and modify the license of Station WDIC-FM to reflect the change. As noted above, Dickenson today is filing a separate Motion for Stay of the effective date.
Dickenson is submitting a comprehensive Engineering Analysis Exhibit ("EA Exhibit") attached hereto which shows that East Kentucky's proposal is not feasible in that it will not provide city-grade service to Coal Run. Dickenson respectfully urges the full Commission to review this matter and to reverse the Audio Division's action in the MO&O.
II.
Legal Basis for Review
Dickenson brings this matter to the attention of the full Commission because the action taken by the Audio Division pursuant to delegated authority is in conflict with statute, regulation,
(... continued from previous page) 2 In the MO&O, the Audio Division considered East Kentucky's Petition for Reconsideration even though East Kentucky filed its Petition for Reconsideration pursuant to the wrong rule.
3 case precedent or established Commission policy (Factor 1.115(b)(2)(i)) and the Audio Division made an erroneous finding as to an important or material question of fact. (Factor
1.115(b)(2)(iv).
III. Questions Presented for Review
• Can the Commission establish an effective date for an FM channel reallotment prior to 30 days after the date when notice of the action has been published in the Federal Register? (Factor I.II5(b)(2)(i)).
• Can the Audio Division Ignore Persuasive Evidence that Terrain Obstructs 70 dBp. Service to the Proposed Community of License in Forcing an Involuntary Channel Change? (Factor 1.115(b)((iv)).
IV. Relief Requested
Dickenson requests the Commission to reverse the action taken in the MO&O such that it will not be required to change the operating channel ofWDIC-FM.
V. Argument
Federal Register Publication Not Yet Accomplished.
The Commission may not establish an effective date for a channel reallotment prior to 30 days after the date when the action has been published in the Federal Register. Under Section
I.II5(b)(2)(i) of the Rules, the action taken pursuant to delegated authority is in conflict with a statute and established Commission policy. Implementation ofthe channel changes set out in the
MO&O cannot go into effect until 30 days after the MO&O is published in the Federal Register, which has not yet occurred, despite the best efforts ofcounsel and his paralegal to discover whether publication has taken place, or is proposed to be done at all. This proceeding is a rule making proceeding, despite the changes in 2006 to the manner in which the Commission processes applications seeking involuntary channel changes and the substitution ofchannels made as a result. The proceeding commenced as notice and comment rule making proceeding in 4 2004 and documents in the proceeding must be published in the Federal Register. Title 5 U.S.C.
Section 533(d) (the Administrative Procedure Act or APA)3 requires that a substantive rule be published not less than 30 days before its effective date, except "as otherwise provided by the agency for good cause found and published with the rule." There is nothing in the MO&O that discusses the Federal Register, much less provides good cause for dispensing with publication.4
The R&O was published in the Federal Register even though it terminated the proceeding without making a change in the FM Table of Allotments. 5 The current MO&O is a matter of general applicability and, under Section 1A(b)(1) ofthe Rules, the applicable public notice date would be 30 days after publication in the Federal Register. See Boulder TO'vvn, Levan, Mount
Pleasant, and Richfield, Utah / 25 FCC Rcd 8232 (2010), citing, Prineville and Sisters, Oregon,
8 FCC Rcd 4471 (MMB 1993). Thus, until 30 days after the MO&O is published in the Federal
Register, it can have no effect. The importance ofproper notice was recently emphasized in
Prometheus Radio Project v. FCC (D. S. Ct. App. 3rd Cir.) Case No. 08-3078, et al (2011 U.S.
App. LEXIS 13855), July 7, 2011 (Order vacated and remanded for failure to comply with the
AP's notice and comment requirements).
3 Section 553 (d) ofthe APA provides: The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statements ofpolicy; or (3) as otherwise provided by the agency for good cause found and published with the rule."
4 The only reference to the Federal Register in the MO&O is found in footnote 19 where Dickenson's argument was trivialized that it had been prejudiced by East Kentucky's proceeding under Section 1.106 rather than 1.429, thus forcing Dickenson to respond more quickly to East Kentucky's petition than would otherwise be required.
5 Because East Kentucky started its attempt to change the channel ofWPKE-FM and WDIC-FM by rule making, rather than by application, and the MO&O is a document in MB Docket No. 04-319 (see caption), it does not appear that the new procedures adopted in Revision ofProcedures Governing Amendments to FM Table ofAllotments and Changes ofCommunity ofLicense in the Radio Broadcast Services, 21 FCC Rcd 14212 (2006) apply so as to avoid publication in the Federal Register. In that Report and Order, the Commission announced that the FM Table of Allotments, Section 73.202 of the Rilles, would "henceforth contain only vacant allotments, and that authorized full power non-reserved band FM facilities already occupying allotments shall be listed only in the Media Bureau's Consolidated Data Base System ("CDBS")."
5 East Kentucky's Proposal Is Not Feasible: It Will Not Provide 70dBp. Service to Coal Run
Despite the Audio Division's findings in the MO&O, based on evidence East Kentucky submitted in a Reply, Dickenson respectfully must disagree that East Kentucky has demonstrated that a 70 dBJL signal will encompass Coal Run. This is an erroneous finding as to an important and material fact; indeed, city grade coverage is perhaps the most important aspect of a station's service to its community of license. If the residents of Coal Run can't receive a reliable signal from WPKE-FM, the station is not serving its audience. 6
This Application for Review does not rely on questions offact or law upon which the designated authority has been afforded no opportunity to pass. The core issue considered below is whether WPKE-FM's proposed transmitter site is feasible and complies with Section 73.315 ofthe Rules. East Kentucky, in a Reply to Dickens.on's Opposition to Petition for
Reconsideration, presented showings under the Commission's standard prediction method and the Longley-Rice method (MO&O '116), which the Audio Division accepted in reversing the
R&O ("East Kentucky has submitted an engineering showing under the Commission's standard method ofpropagation, demonstrating that a 70 dBu signal will encompass Coal Run. from the proposed transmitter site with facilities of a tower of207 meters (679 feet) above ground level, a
HAAT of 375 meters (1,230 feet), and an ERP of 1.75 kW. Under these circumstances, we find that East Kentucky has demonstrated compliance with Section 73.315 of the Rules") (MO&O
'110). The Commission should consider Dickenson's EA Exhibit in connection with this
Application for Review. Dickenson had no authorized opportunity to comment on information
6 A cynical observer might note that any proposed transmitter site for WPKE-FM would find the conununity of Pikeville between the transmitter and Coal Run, and might conclude that East Kentucky's real motivation in seeking the upgrade is to improve its service to Pikeville, where it has its headquarters. East Kentucky has six radio stations in the Pikeville radio market. In addition to WPKE-FM, East Kentucky is licensee of its sister, WPKE(AM), Pikeville, WDHR(FM), Pikeville;WEKB(FM), Elkhorn City; WLSI(AM), Pikeville; and WZLK(FM), Virgie, Kentucky.
6 provided in a Reply filed by East Kentucky, on which the Audio Division relied to reverse the
R&D. Dickenson urges the Commission to study this document which graphically and starkly shows that the facilities proposed by East Kentucky will not provide 70 dBJ1 signal strength to either 80% ofthe area or 80% of the population of Coal Run, Kentucky, in violation of 47 C.F.R.
§73.315. In addition, the EA Exhibit shows that there is no site within the allowable area to locate the proposed WPKE-FM 221 C3 facility to serve Coal Run from which proper service can be provided. The irregular terrain, and the distance from any potential allotment site to the principal community boundary, block the required level of service. Therefore, the Commission must reverse the action taken in the MD&D and not modify the licenses of either WPKE-FM or
WDIC-FM.
The EA Exhibit demonstrates that the multiple possible allotment sites East Kentucky proposed still have "significant terrain features" between any proposed site and Coal Run.? EA
Exhibit Figure 3 shows coverage from the reference site toward Coal Run using the standard
FCC 70 dBJ1 contour, Longley-Rice area coverage, and a calculated contour showing the median distance to the 70 dBu Longley-Rice signal level. As reported in the EA Exhibit, Figure 3 was created using the same software (with updates) that East Kentucky used to show coverage of
Coal Run.8 The Longley-Rice study parameters listed by East Kentucky are also used in this study. The terrain, however, is the NED 03 terrain database, a more detailed 3 arcsecond database. As shown in the EA Exhibit, significant areas within the Coal Run limits fail to receive a 70 dBJ1 signal, or even a 60 dBJ1 signal. The EA Exhibit shows that 62.6% of the population of
7 See EAExhibit Figure 1, which shows the fully spaced Area To Locate (including allowable rounding to increase the area), the sites proposed in various stages of the proceedings, the licensed WPKE-FM site, and the 70 dB).! F(50,50) contour from the last proposed allotment site using standard methodology.
8 Technical Report In Support ofEast Kentucky Broadcasting Corporation Reply to Dickenson County Broadcasting Corporation Opposition to the Petition for Reconsideration in MB Docket No. 04-319, Charles M. Anderson Associates, June 15,2007.
7 Coal Run would fail to receive a principal community level of signal, when population is counted by the census block centroid method. 43.7% of the land fails to receive the required level of signal.
The terrain between the East Kentucky transmitter site and the community of Coal Run is significantly rougher than assumed for normal terrain. When principal community coverage is evaluated by Llli (terrain roughness factor), the allotment site fails to provide the required level of servIce.
The test proposed in Certain Minor Changes Without a Construction Permit, 12 FCC
Rcd 12371 at,-r,-r 67-72 (1997) is that the difference between standard and supplemental contour is at least 10% for those bearings where supplemental evaluation is proposed. The tables in the
EA Exhibit show 29.2% variation.
EA Exhibit Figure 7 shows that there are only a few small areas in Coal Run which have line of sight from the proposed allotment site.
The proposed allotment site is very nearly the closest point to Coal Run in the allotment area to locate. To show that the lack ofprincipal community coverage is caused by the combination of distance and irregular terrain, alternative ridge and mountain top sites were studied using the same antenna elevation of207 meters (679 feet) above ground. None of the sites provided acceptable area coverage of Coal Run. EA Exhibit Figures 8 through 13 show the standard method contour, median Longley-Rice Contour, and Longley-Rice Area Coverage. In each case, the area coverage clearly fails to serve Coal Run. The median Longley-Rice contour does not provide 100% coverage of Coal Run. The six test sites were chosen to illustrate those locations most likely to serve Coal Run, and all fail. If Llli contour corrections were applied to the standard method contours, all would fail. The allowable area to locate is simply too far over irregular terrain to provide the required principal community coverage of Coal Run. In San
8 Clemente, California. 3 FCC Red 6728 (1988), the Commission said, "We will not allot a channel
where a properly spaced site is technically infeasible." Dickenson has shown that a properly
space site for WPKE-FM is technically infeasible and has rebutted the presumption that such a
site exists.
The Commission should not grant East Kentucky an authorization for a station that will not cover the community of Coal Run. This is clearly not in the public interest. It is also not in the public interest to disrupt the operations ofWDIC-FM in order to implement East Kentucky's proposal.
WHEREFORE, in light of the foregoing, Dickenson requests the Commission to reverse the action taken by the Audio Division in the MO&O, dismiss East Kentucky's Petition, not make the Consolidated Data Base System (CDBS) entries contemplated by the MO&O and terminate this proceeding without modifying Dickenson's license for WDIC-FM.
Respectfully submitted,
DICKENSON COUNTY BRO CASTING CORP.
B Gary S. Smithwick Its Attorney Smithwick & Be1endiuk, P.C. 5028 Wisconsin Avenue, NW Suite 301 Washington, DC 20016
202-363-4560
July 18,2011
9 ATTACHMENT
ENGINEERING ANALYSIS EXHIBIT MB Docket No. 04-319, RM-10984 Upgrade and Involuntary Frequency Change
Coal Run, Kentucky
On Channel 221 Class C3
Engineering Analysis Exhibit
In Support of An Application for Review and Motion for Stay
From
Dickinson County Broadcasting Corp.
July 2011
© 2011 Dickinson County Broadcasting Corp.
Timothy L. Warner, Inc. Post Office Box 8045 Asheville, North Carolina 28814·8045 (828) 258-1238 [email protected] Coal Run, Kentucky Dickinson Petition to Deny
Table of Contents
Description Page
Declaration 3
Narrative 4
Background 4
Terrain Blockage Prevents Service to Coal Run 5
Signal Strength Calculations Show Lack of Coverage 5
Supplemental Studies 7
(1) Explanation That Supplemental Showing Is Warranted By Terrain 9
Table 1: Delta H Calculations for 3 Second Terrain 9
(2) Showing That Supplemental Contour Distance Differs by At Least 10% 10
(3) Provision of Map with Standard and Supplemental Contours 10
(4) Supplemental Showing Parameters 10
Table 2: Parameter Values Used in FCC Implementation of the Longley-Rice Fortran Code. 11
(5) Sample Calculations 11
Line of Sight Coverage 11
Alternate Sites 12
Table 3: Alternate Site Coverage 14
Source of Data 14
Area To Locate, Standard Contour Figure 1
Topographic Map Figure 2
Longley-Rice Area Coverage Figure 3
Timothy L. Warner, Inc. 0711 Page 1 Coal Run, Kentucky Dickinson Petition to Deny
Detail Longley-Rice Area Coverage Figure 3A
USGS 3 Arcsecond Area Coverage Figure 4
Detail USGS 3 Arcsecond Area Coverage Figure 4A
30 Arcsecond Area Coverage Figure 5
Detail 30 Arcsecond Area Coverage Figure 5A
Delta H Contour Comparison Figure 6
Line-of-Sight Coverage Figure 7
Site: Test1, Longley-Rice Area Coverage Figure 8
Site: Test2, Longley-Rice Area Coverage Figure 9
Site: Test3, Longley-Rice Area Coverage Figure 10
Site: Test4, Longley-Rice Area Coverage Figure 11
Site: TestS, Longley-Rice Area Coverage Figure 12
Site: Test6, Longley-Rice Area Coverage Figure 13
Timothy L. Warner, Inc. 0711 Page 2 Coal Run, Kentucky Dickinson Petition to Deny
Declaration
I declare, under penalty of perjury, that I am a technical consultant to broadcasting and other communications systems, that I have over twenty-five years of experience in the engineering of broadcast and other communications systems, that I am familiar with the Federal Communications Commission's Rules found in the Code of Federal Regulations Title
47, that I am a Professional Engineer registered in North Carolina, that I have prepared or supervised the preparation of the attached Exhibit for Dickinson County Broadcasting Corp., and that all of the facts therein, except for facts of which the Federal Communications Commission may take official notice, are true to the best of my knowledge and belief.
Timothy L. Warner, P.E. Post Office Box 8045 Asheville, North Carolina 28801 (828) 258-1238 [email protected] 15 July 2011
Timothy L. Warner, Inc. 0711 Page 3 Coal Run, Kentucky Dickinson Petition to Deny
Narrative This Exhibit supports an Application for Review and Motion for Stay in MB Docket
No. 04-319, RM-10984. This Exhibit shows that the facilities proposed for Coal Run,
Kentucky, by East Kentucky Broadcasting Corporation, ("East Kentucky") fail to provide 70 dBu F(50,50) signal strength to the entire area and population of Coal Run, as required to establish an allotment. As this Exhibit will demonstrate, the proposed allotment facilities do not provide coverage to either 80% of the area of Coal Run, Kentucky, or 80% of the population of Coal Run, Kentucky, in violation of Federal Communications Commission Rules and Regulations 47 C.F.R. §73.315 at the application stage. In addition, this Exhibit shows that there is no site within the allowable area to locate the proposed 221 C3 facility to serve
Coal Run, Kentucky, from which proper service can be provided. The irregular terrain, and the distance from any potential allotment site to the principal community boundary, prevent the required level of service.
Background East Kentucky is the proponent of a new allotment to serve Coal Run, Kentucky, on channel 221 as a Class C3 facility, in MB Docket 04-319. East Kentucky is the licensee of
WPKE-FM, Coal Run, Kentucky, currently operating on Channel 276A, facility ID 32973.
Dickinson County Broadcasting Corp. ("Dickinson") is the licensee of WDIC-FM,
Clinchco, Virginia, licensed on Channel 221A. East Kentucky has proposed an involuntary frequency swap with Dickinson which would allot Channel 276A to Clinchco and modify the
WDIC-FM facilities to operate on Channel 276A.
Timothy L. Warner, Inc. 0711 Page 4 Coal Run, Kentucky Dickinson Petition to Deny
1 The FCC granted the Rule Making Petition on Reconsideration , triggering this
Application for Review and Motion for Stay.
Terrain Blockage Prevents Service to Coal Run East Kentucky has proposed multiple possible allotment sites. A review of USGS topographic maps shows that there are significant terrain features between any site in the proposed allotment area and Coal Run, Kentucky, the proposed community of license.
Figure 1 shows the fully spaced Area To Locate (including allowable rounding to increase the area), the sites proposed in various stages of the proceedings, the licensed WPKE-FM site, and the 70 dBu F(50,50) contour from the last proposed allotment site using standard methodology. The 311.17° radial from the proposed site passes through the National Atlas coordinates for Coal Run. The Coal Run2 boundary is shown.
Figure 2 is a portion of a 1: 100,000 scale USGS topographic map with the approximate
Area To Locate. Coal Run and Pikeville are also shown near the upper left corner. Most of
Coal Run is in the valley of the Levisa Fork of the Big Sandy River, and in the intersecting valleys of Stonecoal Creek, Ratliff Branch, Weddington Branch, and Cowpen Creek. The reference coordinates for Coal Run are in the valley, as is most of the population.
Signal Strength Calculations Show Lack of Coverage Figure 3 shows coverage from the reference site toward Coal Run using the standard
FCC 70 dBu F(50,50) contour, Longley-Rice area coverage, and a calculated contour showing
I Memorandum Opinion aru1 Order. Tn the Matter ofAmendment ofSection 73.202(b), Table ofAllotments. FM Broadcast Stations. (Coal Run. Kentucky. aru1 Clinchco. Virginia), DA ll-1072, released June 17,2011. 2 The Coal Run boundary is extracted from Census and Tiger boundary files. The actual name of the incorporated entity is The City of Coal Run Village.
Timothy L. Warner, Inc. 0711 Page 5 Coal Run, Kentucky Dickinson Petition to Deny
the median distance to the 70 dBu Longley-Rice signal level. Note that the median is a
distance median between the first point (along each radial) where the signal first drops to 70
dBu, and the last point where the signal is 70 dBu. Portions of the 70.0 dBu F (first point
where the signal drops below 70 dBu) and 70.0 dBu L (Last point where 70 dBu is predicted)
are shown in red. Figure 3 is created using the same software (with updates) that East
3 Kentucky used to show coverage of Coal Run . The Longley-Rice study parameters listed by
East Kentucky are also used in this study. The terrain in this study, however, is the NED 03
terrain database, a more detailed 3 arcsecond database which is described later in this Exhibit.
Figure 3 was prepared by sampling terrain on a grid or points spaced 0.25 kilometers, and extracting terrain between the reception prediction point and the transmitter site at 0.1
kilometer intervals. Figure 3A is a detail showing of the Coal Run area. Significant areas
within the Coal Run limits fail to receive a 70 dBu signal, or even a 60 dBu signal. Some portions of Coal Run have less than a 50 dBu signal. Based on 2010 Census data, Coal Run has a population of 876 in an area of 6.48 square kilometers. Of those persons, 328 (37.4%)
receive a principal community level of signal, when population is counted by the census block centroid method. 3.65 square kilometers (56.3%) of the land receives the required level of signal. In addition, 0.91 square kilometers (14%) of Coal Run is not within the Median
Longley-Rice 70 dBu contour at this level of detail.
Population tends to cluster along valleys, whereas the 70 dBu coverage from this site is primarily higher along the ridges.
3 Technical Report In Support ofEast Kentucky Broadcasting Corporation Reply to Dickenson[sic] County Broadcasting Corporation Opposition to the Petition for Reconsideration in MB Docket No. 04-319. Charles M. Anderson Associates, June 15, 2007. (Technical Report)
Timothy L. Warner, Inc. 0711 Page 6 Coal Run, Kentucky Dickinson Petition to Deny
Figures 4 and 4A are area coverage studies using the same parameters as Figures 3 and
3A, but with USGS 3 second terrain data that may have been used for the study provided by
East Kentucky. With the less detailed terrain data, the area which receives the required 70 dBu
signal level increases to 4.38 square kilometers, or 67.6% of Coal Run. Using the census
block centroid method, the population that receives the required signal remains 328 persons,
or 37.4 %. The calculated mean distance 70 dBu contour does include the Coal Run area when
sampled at 0.25 kilometer grid spacing, though it fails with some other spacings.
Figures 5 and 5A are comparable studies using 30 arcsecond terrain data. The reduced
detail in the dataset produces a smoother standard contour, and shows that more of Coal Run
receives the required coverage. Figure 5A has tick marks at 30 arcsecond spacing. There are
10 tick marks within Coal Run, a rather small sample. Using the centroid method, there is no
population in the blocked signal population. The area which receives the required 70 dBu
signal is 5.69 square kilometers, or 87.8% of Coal Run. The coverage that is provided to
87.8 % of the area would be acceptable at the application stage, but not at the allotment stage.
Supplemental Studies East Kentucky has submitted, and the FCC has accepted, supplemental studies in this matter. This section provides additional support for the use of supplemental studies in the
terrain around Coal Run, Kentucky. The FCC has established criteria for conditions where
supplemental terrain coverage may be considered for principal community coverage. 4 The
Minor Changes R & 0 listed typical methods to evaluate the validity of supplemental
4 Certain Minor Changes Without a Construction Permit, Report and Order, 12 FCC Red 12371, 12401-12403, "67-72(1997)("Minor Changes R&O")
Timothy L. Warner, Inc. 0711 Page 7 Coal Run, Kentucky Dickinson Petition to Deny showings.s The criteria have been reaffirmed in multiple proceedings. Here they are restated in a recent decision in a noncommercial mutual exclusive group proceeding.
(1) an explanation of why use of a supplemental showing is warranted (e.g., very flat, very rough, or anomalous terrain), and a showing how the terrain departs widely from the average terrain assumed for the F(50,50) propagation curves in 47 C.F.R. Section 73.333 for FM stations (see 47 C.F.R. Section 73.313(e));
(2) a showing that the distance to the community of license as predicted by the supplemental method is at least 10% different than the distance predicted by the standard contour prediction method (47 C.F.R. Section 73.313(c));
(3) a map showing community coverage contours predicted using both the standard and supplemental contour prediction methods;
(4) a list of assumptions and an explanation of the method used in generating the supplemental analysis;
(5) sample calculations using the supplemental procedure. 6
Additional clarification is available through other Commission documents:
The staff has established, in coordination with the Office of Engineering and
Technology (O.E.T.), the following guidelines to defme "terrain departs widely":
(1) Where ~h is used as the sole determinant that the terrain along a radial widely departs from the 50 meter standard, a ~h value of 20 meters or less, or 100 meters or more.
(2) Where the antenna height above average terrain (HAAT) along radials toward the community of license (using an extended radial) varies by more than 30% from the HAAT obtained from the standard method of determining HAAT along a radial. In this context, the standard method requires the averaging of the radial elevation for at least 50 equally spaced points between 3 and 16 Ian from the transmitter site. The "extended radial" includes additional points between 16 Ian and the community of license, using the same point spacing as for the 3 to 16 Ian section.?
S Ibid., '70: (Typically, such showings include (emphasis added» 6 Fourteen Hundred, Inc., DA-10-701 (2010) 7 Letter re: KMAJ. Topeka, KS. Application BPH-200003I6ACF, DOC-225693A1 (2002).
Timothy L. Warner, Inc. 0711 Page 8 Coal Run, Kentucky Dickinson Petition to Deny
The criteria will be addressed in the order listed.
(1) Explanation That Supplemental Showing Is Warranted By Terrain The terrain between the East Kentucky transmitter site and the community of Coal Run is significantly rougher than assumed for normal terrain. Radials at one degree (10) increments are shown, starting with the 309 0 degree radial which passes just West of Coal Run, and continuing to the 321 0 radial just East of Coal Run.
The terrain roughness measure, ~h, is computed as described in §73.313(f-j) for each of the radials that passes through Coal Run, from the 10 kilometers from the transmitter site to predicted 70 dBu. The table below provides the bearings, the HAAT using NED 3 second terrain, the predicted distance to the 70 dBu F(50,50), and the value for ~h using 3 second terrain.
Table 1: Delta H Calculations for 3 Second Terrain Bearing HAAT 70 dBu ~h Correction Corrected (dep;rees) (meters) (kIn) (meters) (dB) 70 dBu 309 444.1 24.9 150.11 -3.986 19.9 310 441.6 24.8 170.65 -4.791 19.0 311 437.4 24.7 167.07 -4.651 19.2 312 435.4 24.7 170.09 -4.769 19.0 313 431.2 24.5 170.28 -4.777 19.0 314 432.6 24.6 164.50 -4.550 19.0 315 437.1 24.7 151.17 -4.027 19.9 316 431.2 24.5 130.52 -3.218 20.8 317 417.4 24.2 166.49 -4.628 19.2 318 406.8 23.9 193.02 -5.670 18.1 319 407.6 23.9 178.85 -5.113 18.7 320 404.2 23.8 148.07 -3.906 20.0 321 405.2 23.8 174.47 -4.941 18.8 Average 24.4 164.25 -4.541 19.3 Variance -20.9%
Timothy L. Warner, Inc. 0711 Page 9 Coal Run, Kentucky Dickinson Petition to Deny
The calculated ~h values are all greater than 100 meters, with a minimum of 130.52 meters and an average of 164.25 meters. When the 70 dBu contour is adjusted for ~h, the resulting contour serves only a portion Coal Run. Figure 6 shows the 70 dBu F(50,50) contour adjusted for ~h, standard contour, and the Median Longley-Rice 70 dBu contour. When principal community coverage is evaluated by ~h, the allotment site provides the required level of service to 1.70 square kilometers (26.2%) of the area and 100 persons (11.4%).
(2) Showing That Supplemental Contour Distance Differs by At Least 10% The test proposed in the Minor Changes R & 0 is that the difference between standard and supplemental contour is at least 10% for those bearings where supplemental evaluation is proposed. The above tables show 29.2% variation. The East Kentucky Technical Report8 does not tabulate the variation, though a visual examination of their comparison map makes 10% likely. The average difference between the standard 70 dBu F(50,50) contour and the median
Longley-Rice 70 dBu contour on Figure 3, from the 311 0 to the 321 0 radial, is 10.2%.
(3) Provision of Map with Standard and Supplemental Contours Figures 3 through 5 show the standard method contours with Longley·Rice contours.
Figure 6 shows the standard method contour with a ~h contour.
(4) Supplemental Showing Parameters Calculation parameters for the Longley-Rice propagation analysis are set to the values used by East Kentucky, as shown below in Table 2. Those values generally match those
9 described in OET-69 , Table 4.
8 Op. cit., contour comparison map. 9 Longley-Rice Methodology for Evaluating TV Coverage and Interference. OET Bulletin No. 69. February 2004.
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Table 2: Parameter Values Used in FCC Implementation of the Longley-Rice Fortran Code Parameter Value Meaning/Comment EPS 15.0 Relative permittivity of ground. SGM 0.005 Ground conductivity, Siemens per meter. ZSYS 0.0 Coordinated with setting of END. See page 72 of NTIA Report. END 311.0 Surface refractivity in N-units (parts per million). IPOL 0 Denotes horizontal polarization. MDVAR 3 Code 3 sets broadcast mode of variability calculations. KLIM 5 Climate code 5 for continental temperate. HG(l) see text Height of the radiation center above ground. HG(2) 9.1 m Height of FM receiving antenna above ground.
The time and location variability factors are both set to 50% for comparability with other FM prediction methods. The sampling is set to 0.25 kilometer cells.
(5) Sample Calculations The signal for the proposed East Kentucky facilities was calculated 0.25 kilometer
spacing to a maximum distance of 50 kilometers. Signal strength values were calculated for approximately 125,000 cells. The Longley-Rice v1.2.2 model is implemented as a computer program. Sample calculations, as such, are difficult to evaluate. Some other supplemental
showing methods lend themselves to sample calculations.
Throughout this exhibit, the methods have been explained. Examples are provided.
Line of Sight Coverage While "major obstructions" between a transmitter site and the community to be served are not permitted, line of sight to the principal community is not an absolute requirement.
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Figure 7 shows that there are only a few small areas in Coal Run which have line of sight from the proposed allotment site. Line of sight is calculated with a grid spacing of 0.1 kilometers, using a receive antenna height of 9.1 meters and earth curvature of 1.33 earth radius. The terrain is shown by shading. Roads (and population) follow the rivers and streams, areas which are mostly shaded. Ridge lines, which have most of the line of sight coverage at this distance, show no evidence of roads or population.
Alternate Sites The proposed allotment site is very nearly the closest point to Coal Run in the allotment area to locate. To show that the lack of principal community coverage is caused by the combination of distance and irregular terrain, alternative ridge and mountain top sites were studied using the same antenna elevation of 207 meters (679 feet) above ground. Six additional sites were studied: the three highest elevation points in the allowable area, the point closest to
Coal Run, and the highest remaining points along the Northern and Western boundaries of the allowable area. No attempt was made to ascertain the availability of any of the sites. Site elevation was taken from USGS 1:24,000 topographic maps with no allowance for mountain top removal which may have reduced the elevations. HAAT was calculated based on standard eight radials. ERP was calculated for full Class C3 distance using the FM Power utility on the
FCC Audio Division web page.
None of the sites provided acceptable area coverage of Coal Run. Figures 8 through 13 show the standard method contour, Longley-Rice Area Coverage, median Longley-Rice
Contour, and the location on each radial where the signal first drops below 70 dBu. In each case, the area coverage clearly fails to serve Coal Run. The median Longley-Rice contour
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does not provide 100% coverage of Coal Run. In each case there is area within Coal Run
where the signal is less than 50 dBu.
The six test sites were chosen to illustrate those locations most likely to serve Coal
Run, and all fail. If Ah contour corrections were applied to the standard method contours, all
would fail by that method as well. The allowable area to locate is simply too far over irregular
terrain to provide the required principal community coverage of Coal Run.
Site details are provided in Table 3. Evaluated using Longley-Rice, none of the sites
are suitable at the application stage, and certainly not the allotment stage.
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Table 3: Alternate Site Coverage Site Latitude Site Elevation HAAT ERP 70 dBu Population Description Longitude (m AMSL) (m) (kW) 70 dBu Area Test! 37-23-52 N 402 207.31 5.8 37.8% Closest Point 082-24-08 W 60.0% Test2 37-23-24 N 543 347.99 2.0 37.8% West Boundary 082-23-57 W 58.0% Test3 37-24-10 N 421 229.24 4.8 11.6% North Boundary 082-22-47 W 30.7% Test4 37-23-15 N 586 365.46 1.8 0.0% Highest Point 082-21-15 W 19.3% TestS 37-23-18 N 561 365.73 1.8 16.9% Second Peak 082-22-34 W 31.6% Test6 37-22-30 N 549 339.39 2.1 19.9% Third Peak 082-23-12 W 34.3%
Source of Data Transmitter location, effective radiated power, directional antenna pattern, and elevation data for all existing facilities and allotments are extracted from the Commission's
CDBS. All contours for existing and proposed facilities are calculated using height above average terrain calculated at one degree horizontal increments. Terrain data is extracted from three terrain databases. All terrain databases are supplied by V-Soft Communications to work
TH TH with their software programs FM Commander and Probe 3 •
V-Soft studies use the NED 03 database with a resolution of three arcseconds. The
NED 03 database is derived from the USGS National Elevation Data 30 meter terrain database. The USGS National Elevation Dataset has been developed by merging the highest- resolution, best-quality elevation data available across the United States into a seamless raster format. NED is the result of the maturation of the USGS effort to provide 1:24,OOO-scale
Digital Elevation Model (DEM) data for the conterminous US and 1:63,360-scale DEM data for Alaska. Additional studies use the USGS 3 arcsecond terrain database, a readily available
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