Report No. PR-97           PRIVATE RADIO ACTION               June 23, 1994


                 COMMISSION AFFIRMS GRANT OF SMR LICENSE 
                          TO SUSAN JACOBS DESIGN

     The FCC has affirmed the grant of a Subpart S station (SMR)
license to Susan Jacobs Design for a new station 52.46 miles from
a station licensed to United States Sugar Corporation (U.S. Sugar). 
U.S. Sugar sought review of the grant.

     U.S. Sugar challenged the grant because the Susan Jacobs
Design station is 52.46 miles from its station KNAV258.  Susan
Jacobs Design, with its license application, filed a request
seeking a waiver of the 70 mile separation requirement contained in
the rules.  In support of the waiver, Susan Jacobs Design submitted
an engineering analysis that utilized the R6602 curve propagation
model which is used routinely by the Commission.  The engineering
analysis demonstrated that the 40 dBu/22 dBu predicted contours
between co-channel licensees would not overlap.

     U.S. Sugar, in its opposition, submitted an engineering
analysis of the interference potential of the new station based on
another propagation model, the Longley-Rice Irregular Terrain and
Longley Vegetation model.  U.S. Sugar argued that because the R6602
curve propagation model is based on average terrain and because
Florida is flat, when the R6602 curve model is used in Florida, co-
channel licensees are not afforded the interference protection
intended by the rules.

     Denying review, the Commission noted that for almost two
decades, it has utilized the R6602 curve propagation model to
calculate appropriate separation distances.  The Commission has
recognized that although its choice of models may not be ideal,
given the need to have a reliable model for typical systems and at
the same time have a model that is not so sophisticated as to be
burdensome to applicants and the Commission, no clear mandate for
a better model is present.

     The Commission said the R6602 model provides a presumptively
correct prediction of field strengths.  At the time of this
application, waivers of the rules were granted if the applicant
could show that the 40 dBu/30 dBu predicted contours did not
overlap.

                                  (over)

                                    -2-

     The Commission stated that U.S. Sugar had the burden of
demonstrating that Susan Jacobs Design's engineering analysis based
on the FCC's standard propagation model was flawed and that the 40
dBu/30 dBu predicted contours overlapped.  However, U.S. Sugar
failed to meet this burden.  On the other  hand, the engineering
analysis proffered by Susan Jacobs Design was sufficient to support
a waiver of the rule.

     Action by the Commission June 13, 1994, by Order (FCC 94-172). 
Chairman Hundt, Commissioners Quello and Barrett, with
Commissioners Ness and Chong not participating.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Private Radio Bureau contact: William H. Kellett at (717) 337-
1311.