BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ) In the Matter of: ) ) Creation of a Low Power Radio Service ) MB Docket No. 99-25 ) ) To: The Commission COMMENTS OF NRC BROADCASTING, INC. NRC Broadcasting, Inc. (“NRC”) hereby submits these Comments in response to the Commission’s Further Notice of Proposed Rulemaking in the above-captioned proceeding.1 NRC is the licensee of several Colorado broadcast radio stations, including a number of FM translator stations.2 NRC’s experience demonstrates the valuable role that translators play in permitting full-power FM stations to serve their local communities of license and their service areas, particularly in areas with unusual terrain. NRC is concerned, however, with the proposals to alter the Commission’s LPFM rules in a manner that would adversely affect broadcasters’ ability to use translators as a critical component of broadcasters’ efforts to serve the public interest. Accordingly, NRC urges the Commission to retain its existing rules, which properly balance the interests of FM and LPFM broadcasting interests. 1 Creation of a Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 05-75, MM Docket No. 99-25 (Mar. 17, 2005) (“FNPRM”). 2 NRC is the licensee of the following stations located in Colorado: KNFO(FM), Basalt, Colorado; KSPN-FM, Aspen, Colorado; KFMU-FM, Oak Creek, Colorado; KTUN(FM), Eagle, Colorado; KRMR(FM), Hayden, Colorado; KSKE-FM, Vail, Colorado; KIDN-FM, Hayden, Colorado; KKCH(FM), Glenwood Springs, Colorado; KSMT(FM), Breckenridge, Colorado; K288BQ, Steamboat Springs, Colorado; K237CB, Eagle, Colorado; K237BL, Vail, Colorado; K237BH, Aspen, Colorado; K257CS, Dillon, Colorado; K222AJ, Vail, Colorado; K238AB, Steamboat Springs, Colorado; and K274AG, Dillon, Colorado. Discussion I. FM TRANSLATORS PLAY A VITAL ROLE IN ENSURING THAT LOCAL COMMUNITIES RECEIVE BROADCAST SERVICE FM translators permit FM licensees to fulfill their public interest mandate by ensuring that full-power stations are able to reach their entire service areas, particularly in areas of irregular terrain. Through the use of translators, FM licensees are able to provide service to “areas in which direct reception of signals from FM broadcast stations is unsatisfactory due to distance or intervening terrain obstructions.”3 Any proposal that would give an LPFM station the ability to displace an existing translator, or to preclude the construction of new translators, would disserve the public interest and harm the public’s ability to receive local news and information. In mountainous regions, translators play a particularly important role, offering a critical vehicle with which broadcasters can reach listeners who would otherwise not be able to receive local full-power FM stations. NRC’s stations serve the mountainous areas of central Colorado (Dillon, Breckenridge, Vail, Avon, Eagle, Gypsum, Glenwood Springs, Rifle, Carbondale, Aspen, Craig, Meeker and Steamboat Springs), where the majority of the population lives in valleys, beneath the reach of signals of NRC’s main transmitters. In many of NRC’s markets, there is terrain shielding from three sides (e.g. Steamboat Springs – population 9,390, Vail – population 4,603 and Glenwood Springs – population 8,333, to name only a few). Without the use of translators, vast portions of the service areas of NRC’s stations would not be able to receive service because of this intervening mountainous terrain. For example, the communities of Gypsum, Colorado (population of 4,553, located 4 miles from the transmitter site NRC station 3 See Amendment of the Commission’s Rules Concerning FM Translator Stations, 5 FCC Rcd 7212 at ¶ 48 (1990). 2 KTUN, Eagle, Colorado) and Frisco, Colorado (population of 2,490, located 6 miles from the transmitter site of NRC station KSMT, Breckenridge, Colorado) receive service only because translators are available to relay the signal of their local NRC main stations. The use of translators in this fashion is entirely consistent with the Commission’s localism objectives. Indeed, broadcasters’ use of FM translators necessarily serves localism; as commercial broadcasters’ use of translators is limited to the service area of that broadcasters’ primary station. Further, NRC strongly believes that fill-in translators are superior to LPFM stations in serving their local communities. LPFM stations will rarely, if ever, have access to the news and information gathering capabilities of local full-power stations. NRC, as a full-power commercial operation, has the resources to provide significant information that serves the needs of its entire service area. Each NRC station provides timely and essential information by reporting on news, traffic, weather, and natural disasters (including storms, forest fires, avalanches, and road closures), participating in the EAS and Amber Alert programs, and providing other services vital to life in the mountains. Much of NRC’s efforts would be for naught, however, in the absence of FM translators. II. NRC HAS UTILIZED FM TRANSLATORS TO FACILITATE PROGRAMMING THAT IS ESSENTIAL TO COLORADO RESIDENTS In NRC’s view, local radio has two missions: to entertain and, more importantly, to inform. In small rural communities, timely and accurate information is vital. Free local radio is the best medium for transmitting this information to local residents, and the only way to ensure the integrity of this medium in NRC’s service area is through the use of translator facilities. Each NRC station has proven its value to its local community on numerous occasions by relying, in large part, on the availability of fill-in translator service. A few examples follow: 3 • Salvation Army of the Vail Valley. Each year NRC supports this program with stations KSKE, KTUN and KKCH via on-air interviews, public service announcements and involvement in community events. This program raises money for families who are faced with serious financial disasters. The stations help the organization raise money for short term housing, clothing, food baskets, toys and clothing. KTUN and KKCH can only serve listeners in Vail via translators due to terrain shielding. • Water Wise Wednesday. The region in which NRC’s stations operate is presently experiencing precipitation levels that are 30% below the 30-year average. Every Wednesday, NRC dedicates 30 minutes of programming to discussions about the conservation of water through its Avon studio. This water conservation program is conducted jointly with the Eagle River Water District. The majority of the towns in the Water District (Vail, Avon, Eagle and Gypsum) are served via translators. • Issues Today. Every Sunday morning the stations air programming in NRC’s respective communities discussing a myriad of topics ranging from drug & alcohol abuse/counseling, fire prevention, water conservation, public/private land easements, wildlife issues, etc. NRC’s translators help assure that such programming can be heard by as many residents as possible. • Regional Issues. NRC’s stations constantly work with regional governments to provide information regarding local town hall meetings that take place in a different community each evening (Aspen on Monday, Glenwood Springs on Tuesday, Eagle on Wednesday, etc.). The most recent focus of these meetings was fire prevention, which is particularly relevant in NRC’s heavily forested region due to the dry winter. The use of translators is the only way many residents can hear this information over the air. 4 • Specific Events. o February 18, 2005 - Through the cooperation of media and law enforcement, a serial rapist from Denver was arrested in Glenwood Springs, Colorado (trying to flee authorities). His arrest was credited to information local citizens received via local broadcast stations that was relayed to local law enforcement. o March 29th, 2001 - A twin engine Gulfstream III flying from California was preparing to land in Aspen. Visibility was poor that night, due to a severe snow squall, and the private jet struck Shale Bluffs and broke apart, scattering debris on HWY 82, the major artery into town. As a result, the highway had to be closed for the night. NRC’s stations, including its translators, kept residents fully informed with frequent on-air updates regarding the situation. o June 8th, 2002 - A major wildfire flared up in Glenwood Springs. The fire started from an underground burning coal seam that had been ablaze for 100 years. A spark managed to escape into some tinder dry brush and quickly ignited the blaze, which was nurtured by a summer of drought. Approximately 500 homes and 100 commercial properties were immediately threatened as strong winds blew the blaze towards populated areas. NRC’s stations immediately provided listeners with nearly around the clock information regarding the dangerous situation. The blaze continued to burn for approximately one week and NRC kept listeners abreast of any changes in the direction and the progress being made by federal, state and local firefighters, as well as all local volunteer efforts aiding those affected by the fire. Many of NRC’s listeners were able to learn of the progress of the fire, and threats to their home and businesses, from NRC’s translators. 5 o August 1st, 2002 – A construction crew in Missouri Heights was sawing rebar when sparks flew into nearby tinder dry brush. The fire rapidly spread to 1,000 acres, destroying a number of homes. It was the early afternoon and many of the residents who live in the area were at their workplace or traveling to and from Aspen. Radio was the fastest medium to bring mandatory evacuation orders to the public. The stations’ and translators’ listeners obviously had many questions and concerns, and NRC was able to get personnel on site to relay instructions to provide up to the minute information to the public. o October 31st, 2003 – A tree fell onto a power line on a dry hillside, causing a fire. Sustained drought conditions fueled the fire which quickly grew to approximately 25 acres in size. The blaze was easily visible from HWY 82 and caused a great deal of concern among residents, particularly in light of the recent Storm King, Coal Seam and Panorama fires.