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Calvary Chapel Of Crawfordsville, Station WSRC (FM),Waynetown, Indiana

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Released: January 7, 2014

Federal Communications Commission

Washington, D.C. 20554

January 7, 2014

DA 14-14

In Reply Refer To:
1800B3-PPD
Released January 7, 2014
Ms. Jennifer Cox-Hensley
15 N. Wood Street
Greenfield, IN 46140
Harry C. Martin, Esq.
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 11th Floor
Arlington, VA 22209
In Re:

WSRC(FM), Waynetown, Indiana

Facility ID Number: 92984
File Number: BLED-20100903AAE

Petition for Reconsideration

Dear Ms. Cox-Hensley and Counsel:
This letter is in regard to the Petition for Reconsideration (“Petition”) filed by Jennifer Cox-Hensley
(“Petitioner”) on September 21, 2010.1 The Petition seeks reconsideration of our September 15, 2010, grant
of a license application (“License Application”) to Calvary Chapel of Crawfordsville (“Calvary”) for
noncommercial educational FM radio station WSRC(FM), Waynetown, Indiana (the “Station”). 2 Calvary
filed an “Opposition to Informal Objection” (“Opposition”) on September 28, 2010. For the reasons
discussed below, we grant, in part, the Petition, rescind the grant of the License Application, and direct
Calvary to comply with its obligation to divest its interest in the LPFM station within 30 days. If Calvary is
unable to divest the LPFM station within 30 days, we will dismiss the License Application as patently
defective.

Background.

Horizon Christian Fellowship assigned the Station’s construction permit (“CP”) to
Calvary on March 6, 2009. The Media Bureau (“Bureau”) extended the expiration date of the CP 18


1 Although the Petition is dated September 15, 2010, the Commission received it on September 21, 2010.
2 Petitioner filed a Petition to Deny Calvary’s License Application. However, Section 309(c)(2)(C) of the
Communications Act of 1934, as amended, excludes this type of application from the requirements of a 30-day
public notice and petition to deny process. See 47 U.S.C. § 309(c)(2)(C). We would treat the Petition to Deny as an
informal objection if it had been filed before the grant of the License Application. Because the Petition to Deny was
received after the grant of the License Application, we are treating the pleading as a Petition for Reconsideration
rather than a Petition to Deny.

months from consummation to September 6, 2010.3 The CP included a condition requiring Calvary to
divest its interest in its low power station WVRG-LP because Commission rules (the “Rules”) prohibit
cross-ownership of an LPFM station and a full service broadcast station.4 However, in the assignment
application, Calvary stated it would convert WVRG-LP into a student run station.5 The Bureau granted
that application without a divestiture condition in the assignment authorization. Nonetheless, the CP still
required Calvary to comply with the divestiture condition.6
Calvary filed the License Application on September 3, 2010. On September 15, 2010, Calvary
notified the Bureau that it had converted WVRG-LP into a student run station. The Bureau granted the
License Application on September 15, 2010.
The Petition essentially argues the Commission erred in granting Calvary the License
Application. Petitioner first alleges the Station’s antenna is mounted eight meters above its authorized
height, causing the station’s service contour to overlap with WJCF-FM, Morristown, Indiana.7 Petitioner
states in an affidavit that these allegations are based on her personal observations. The affidavit does not
allege to have taken any actual measurements of the antenna height. Petitioner further alleges the Station
was not fully constructed as of the CP’s expiration date. Finally, Petitioner argues Calvary has not
divested WVRG-LP as required by the CP.


3 See FCC File Nos. BAPED-20080813ABA, BMPED-20090612AJO, and BMPED-20091228ABO. The extension
was based on Calvary’s “eligible entity” showing in the assignment application, which was granted before the
suspension of the “eligible entity” rule provision took effect. See 47 C.F.R. §73.3598(a); see also Media Bureau
Provides Notice of Suspension of Eligible Entity Rule Changes
, Public Notice, 26 FCC Rcd 10370 (MB 2011).
4 See 47 C.F.R. §73.860. (Effective February 8, 2013, the Commission revised Section 73.860 to allow for cross-
ownership of translators and LPFM stations in certain situations. See Creation of A Low Power Radio Service,
Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, 27 FCC Rcd 15402 (2012). The
change does not affect the rule at issue in this case).
5 Section 73.860(d)(3) of the Rules allows an accredited college or university to have an ownership interest in a full
service radio station that is not student run and a student run LPFM station.
6 Special operating condition 5 of the CP states: “Prior to commencing operations, the permittee must divest itself
of its interest in, and sever any connection with, station WVRG-LP, Crawfordsville, Indiana (FIN: 124827). See 47
C.F.R. § 73.860; see also Creation of a Low Power Radio Service, Second Order on Reconsideration and Further
Notice of Proposed Rulemaking, 20 FCC Rcd 6563 (2005). Program test authority for this facility will not be
granted in the absence of a demonstration of compliance with this condition.” FCC File No. BMPED-
20091228ABO.
7 Calvary notes Petitioner is a principal of WJCF-FM, though Petitioner did not identify herself as such. However,
Petitioner does state in her affidavit that she has standing based on “future interference to WJCF-FM.” Our records
indicate Petitioner is President of Indiana Community Radio Corporation, licensee of WJCF-FM, which gives
Petitioner standing. Section 309(d)(1) of the Act provides that only a “party in interest” may file a petition to deny.
47 U.S.C. § 309(d)(1). The Commission accords party in interest status to a petitioner if grant of the application
would result in, or be reasonably likely to result in, some injury of a direct, tangible or substantial nature. See, e.g.,
Pinelands, Inc.
, 7 FCC Rcd 6058, 6063 (1992). The Commission has long recognized that a competing broadcaster
qualifies as a party in interest. See Anabelle Savage, 25 FCC Rcd 3665, 3667 (2010). Thus, here, as a competing
broadcaster, Petitioner did have standing to file her Petition to Deny, which we are now considering as a Petition for
Reconsideration.
2

In its Opposition, Calvary provides a detailed affidavit from Mr. Robert H. Branch, Jr., a
broadcast technical consultant attesting the antenna was mounted at the correct height on the tower.8
Calvary also provides affidavits from Mr. Branch and Jeffrey M. Clark, Treasurer and Assistant Pastor of
Calvary, attesting to the operational status and limited program tests on September 3, 2010, with full
programming commencing on September 24, 2010. Finally, Calvary argues that instead of divesting
WVRG-LP, it converted the LPFM station into a student-run station, as pledged in the License
Application and pursuant to Section 73.860(d) of the Rules.9

Discussion.

The Commission will consider a Petition for Reconsideration only when the
petitioner shows either a material error in the Commission’s original order or raises changed
circumstances or unknown additional facts not known or existing at the time of petitioner’s last
opportunity to present such matters.10
Petitioner has not demonstrated error with respect to the antenna installation or the Station’s
operational status. The affidavits provided by Calvary demonstrate the antenna was properly mounted
and the Station was operational as of the filing of the license application, with full-time programming
beginning on September 24, 2010.
Petitioner, however, is correct that Calvary was required to divest WVRG-LP. Calvary’s CP
specifically required the divestiture of that station prior to commencement of operations.11 Moreover,
Calvary’s attempt to employ Section §73.860(d) of the Rules12 does not save it from the requirement to
divest WVRG-LP prior to commencement of operations. The Rules allow only a college or university to
have an ownership interest in a full service station and LPFM station if it “can certify that the existing
[full power] broadcast radio station is not student run. This exception applies only to parties that…[a]re
accredited educational institutions, and …[a]pply for an authorization for an LPFM station that will be
managed and operated on a day-to-day basis by students....”13 Calvary has not demonstrated it is an
accredited college or university. Consequently, Calvary cannot have ownership interests in both the
Station and WVRG-LP.
Accordingly, we will rescind the grant of the License Application for the Station.14 Calvary must
discontinue program test operations on the Station because it has not complied with the terms and
conditions of the CP.15


8 The affidavit further provides a photo and diagram of the tower to demonstrate the antenna was mounted at the
authorized height. The affidavit also suggests Petitioner could have made a mistake by using ASR height data that
was overstated to accommodate future antennas.
9 47 C.F.R. §73.860(d).
10 See 47 C.F.R. §1.106, WWIZ, Inc., 37 FCC 685, 686 (1964), aff’d sub nom. Lorain Journal Co. v. FCC, 351 F.2d
824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966), and National Association of Broadcasters, 18 FCC Rcd
24414, 24415 (2003). It is also appropriate to consider new facts not previously presented when such consideration
is required in the public interest. See 47 C.F.R. §1.106(c)(2).
11 See FCC File No. BMPED-20090612AJO.
12 47 C.F.R. §73.860(d).
13 Id.
14 See 47 U.S.C. § 312(a)(2) (The Commission can rescind a station license “because of conditions coming to the
attention of the Commission which would warrant it in refusing to grant a license or permit on an original
application”).
3

Because the Bureau granted the License Application in error, we find that it is appropriate to give
Calvary 30 days to request cancellation of the WVRG-LP authorization and to amend the License
Application to note that Calvary has complied with the divestiture condition. Absent such action, we will
dismiss the License Application as patently defective pursuant to Section 73.3566(a) of the Rules16 and
the CP will be automatically forfeited pursuant to Section 73.3598(e) of the Rules.17 At that time, we will
update our public and internal databases to note the expiration of the CP.

Conclusions/Actions.

Accordingly, IT IS ORDERED that the September 21, 2010 Petition for
Reconsideration filed by Jennifer Cox-Hensley IS GRANTED in part and DENIED in all other respects.
IT IS FURTHER ORDERED that the grant of License Application (File No. BLED-20100903AAE) IS
RESCINDED and the License Application WILL BE DISMISSED AS OF February 6, 2014, unless
Calvary Chapel of Crawfordsville has divested WVRG-LP, Crawfordsville, IN (Fac. ID No. 124827) and
amended the License Application accordingly. All authority to operate WSRC(FM), Waynetown, Indiana
(Fac. ID No. 92984) IS TERMINATED and any operation of the facility must cease immediately. Upon
dismissal of the License Application, the Commission’s public and internal databases will be modified to
reflect the expiration of the construction permit (see FCC File Nos. BPED-19990311MF as last modified
by BMPED-20091228ABO).
Finally, it is imperative to the safety of air navigation that any prescribed painting and
illumination of the WSRC(FM) tower be maintained while the station is silent. Accordingly, the owner
of the tower where the WSRC(FM) transmitting antenna is located is required to maintain, pursuant to
Section 303(q) of the Communications Act of 1934, as amended, the tower in the manner prescribed by
our Rules.
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau





15 See 47 C.F.R. § 73.1620(a) and FCC File No. BMPED-20091228ABO.
16 See 47 C.F.R. § 73.3566(a).
17 47 C.F.R. § 73.3598(e).
4

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