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WAVM Informal Objections/Living Proof, Inc.

R

Radiobub

Inactive
Inactive User
Informal Objections have been filed on the FCC's tenative selection of Living Proof Ministries on Channel 219A 630 watts ERP. However, this open spectrum was triggered not by Living Proof, but Class D station WAVM, Maynard, Massachusetts. The licensee of WAVM, The Maynard School Committee, is simply upgrading their facilities through a minor change application. We feel a terrible injustice was done here, as a minor change should not trigger "Ashbacker" (Ashbacker allows other parties to file in a change of class application if it is a major change). Our position is that if the station is in the non-commercial band, Class D stations may upgrade as a minor change as long as the upgrade specifies 100 watts ERP (See 73.3573 Note 1: "Applications (Class D) which specify facilities of at least 100 watts will be accepted for filing." Under 73.3573, a minor change is that of a co-channel, 1st, 2nd or 3rd adajacent or Intermediate Frequency of the station's existing channel. The kids at Maynard High School deserve this upgrade. If they don't get it, it may be likely that this station will cease broadcasting. But we won't let your taxpayer-funded FCC do this to a community and a school district.

In point of fact there are serious problems with Living Proof's application, specifically WBUR's newly-issued construction permit which will nullify any public interest gains for Living Proof. The Commission may take into account changed circumstances and issue a re-determination. Living Proof would be wise to withdraw their application immediately, or face a costly and time consuming legal and political battle. As an alternative, if Living Proof truely wishes to serve Lunenburg, Massachusetts, they should make an application for an FM translator on another channel to serve that community.

http://cbs4boston.com/video/[email protected]

And here's the order from your Federal Communications Commission:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2386A1.pdf
 
Maynard School Committee fights back!

> Informal Objections have been filed on the FCC's tenative
> selection of Living Proof Ministries on Channel 219A 630
> watts ERP. However, this open spectrum was triggered not by
> Living Proof, but Class D station WAVM, Maynard,
> Massachusetts. The licensee of WAVM, The Maynard School
> Committee, is simply upgrading their facilities through a
> minor change application. We feel a terrible injustice was
> done here, as a minor change should not trigger "Ashbacker"
> (Ashbacker allows other parties to file in a change of class
> application if it is a major change). Our position is that
> if the station is in the non-commercial band, Class D
> stations may upgrade as a minor change as long as the
> upgrade specifies 100 watts ERP (See 73.3573 Note 1:
> "Applications (Class D) which specify facilities of at least
> 100 watts will be accepted for filing." Under 73.3573, a
> minor change is that of a co-channel, 1st, 2nd or 3rd
> adajacent or Intermediate Frequency of the station's
> existing channel. The kids at Maynard High School deserve
> this upgrade. If they don't get it, it may be likely that
> this station will cease broadcasting. But we won't let your
> taxpayer-funded FCC do this to a community and a school
> district.
>
> In point of fact there are serious problems with Living
> Proof's application, specifically WBUR's newly-issued
> construction permit which will nullify any public interest
> gains for Living Proof. The Commission may take into account
> changed circumstances and issue a re-determination. Living
> Proof would be wise to withdraw their application
> immediately, or face a costly and time consuming legal and
> political battle. As an alternative, if Living Proof truely
> wishes to serve Lunenburg, Massachusetts, they should make
> an application for an FM translator on another channel to
> serve that community.
>
> http://cbs4boston.com/video/[email protected]
>
> And here's the order from your Federal Communications
> Commission:
>
http:/> /hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2386A1.pdf
>
And here's Maynard School Committee's letter of appeal to the FCC:

http://web.maynard.ma.us/gov/selectmen/maynard-bos-fcc-letter.pdf

Again, we believe the staff in Audio Services that the FCC erred for the reasons stated above. We remind the Commission that WAVM is an existing FM authorization, and that in the reserved band under 47 CFR 73.3573, the licensee is entitled to upgrade its facility as a minor change. The Ashbacker doctorine (triggering Section 307b and mutual exclusive applications) ONLY applies to "initial licenses", not existing FM authorizations (See 47 U.S.C. Sec 309(j)(1).
 
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