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                     FEDERAL COMMUNICATIONS COMMISSION
                           WASHINGTON, DC  20554

                                                   IN REPLY REFER TO:
                                                                                  November 30, 1993                   1800B3-EPD
Joseph Blanco
430 La Sila Court
Punta Gorda, FL  33950

Dear Mr. Blanco:

This is in reference to your letter dated August 26, 1993 on behalf of the
citizens and cultural organizations located in Punta Gorda, Florida.  Your letter
requests special permission to operate a low power FM Station to serve Punta
Gorda, Florida.(FN1) 

In your request you indicate that the proposed station will broadcast mostly
classical music and news of the fine arts to the many retired and semi-retired
citizens in Punta Gorda, Florida.  You indicate that there are several factors
that make it nearly impossible for you to qualify for a full service station. 
First, the minimum effective radiated power of 100 watts is far too much for the
desired listening area.  Second, there are no available channels in the reserved
education, non-commercial part of the FM band.  Third, to petition the Commission
for a commercial channel would require specialized legal services and a great
deal of time which comes at a high price.  Additionally, you indicate that you
have investigated alternative methods such as operating under Part 15 of the FCC
rules and over the local cable system.  You indicate that operating under Part 15
will not reach the desired audience and the local cable system does not have
facilities for FM origination.  

All broadcast services are limited by the presence of stations in other
localities operating on the same channel or adjacent channels.  Given the nature
of radio signals, the Commission has established specific spacing and
interference standards which result in defined protected areas for each station. 
These protected areas are intended to be large enough to provided reasonable
service, but not so large as to unreasonably preclude the establishment of radio
service in other cities or communities.  New FM stations in the commercial band
are allocated by the FCC through a petition for rulemaking to amend the FM Table
of Allotments.  If the FCC approves the request, the channel would be added to
the Table of Allotments.  A "filing window" would be announced so that all
interested parties may file an application.  Applications filed for the allotment
must meet the technical standards set forth in the Commission's Rules, one of
which provides for commercial applicants to meet minimum power requirements (100
watts).  If multiple applications are filed for the allotment, the acceptable
applications will be designated for a comparative hearing. 

You propose to operate the low power FM station on a commercial frequency (104.5
mHz).  Our records indicate that a new FM station to serve Solana, Florida,
Station WMMY(FM), has been authorized use of an adjacent frequency (104.9 MHz)
from a transmitter site located just 4 kilometers northeast of Punta Gorda. 
Moreover, an FM station to serve Cape Coral, Florida, Station WXKB(FM), has been
authorized use of another adjacent frequency (103.9 MHz) to the southeast of
Punta Gorda.  Both stations' signals will provide 100 percent service to the
Punta Gorda.  Accordingly, under the Commission's spacing and interference
standards, the requested frequency could not be authorized because it would cause
interference to WMMY(FM) and WXKB(FM). 

Our records also indicate that there are 3 non-commercial and 10 commercial FM
stations that currently serve Punta Gorda with an adequate signal.  Additionally,
our records indication that there are 6 other FM stations that have service areas
just on the fringe of Punta Gorda.  Furthermore, numerous FM stations in the
surrounding area have pending requests before the Commission to improve their
service areas which may also provide additional service to Punta Gorda.  There
are also numerous AM stations that provide an adequate signal to Punta Gorda.

As to the non-commercial band, grant of the request would undermine that
Commission's policy objective of efficient channel usage in a scarce spectrum. 
The Commission in the Second Report and Order in Docket No. 20735, released
September 1, 1978, decided that no additional low power FM applications would be
accepted for filing that did not meet the minimum Class A power level of 100
watts.  In reaching its decision the Commission stated the following:

     Having balanced the competing equities, it has become clear that these low   
     power operations cannot be permitted to function in a manner which defeats   
     the opportunity for other more efficient operations which could serve larger 
     areas, and bring effective noncommercial educational radio service to many   
     who now lack it.  

  
Please be aware that the Commission does not scrutinize or regulate entertainment
programming formats, nor does it take programming format into consideration in
making its licensing decisions.  In 1977, the Commission issued a Policy
Statement in which it concluded that review of program formats was not required
by the Communications Act, would not benefit the public, and would deter
innovation, as well as impose substantial administrative burdens on the
Commission.  Entertainment Formats, 60 FCC 2d 858 (1979), reconsideration denied,
66 FCC 2d 78 (1977).  The Supreme Court of the United States has upheld this
policy, stating that "the public interest is best served by promoting diversity
in entertainment formats through market forces and competition among
broadcasters..." WNCN Listeners Guild v. FCC, 450 U.S. 582 (1981).  See also,
Riverside Broadcasting Co., Inc., 53 RR 2d 1154, 1157 (1983), reconsideration
denied, 56 RR 2d 618 (1984).

We encourage you and other concerned citizens to let the management of area
stations know your views, so that they will have an opportunity to take those
views into account in making programming and news decisions.  Thank you for your
interest in the FM radio service.



                                             Sincerely,




                                             Dennis Williams
                                             Chief, FM Branch
                                             Audio Services Division
                                             Mass Media Bureau

cc: EIC, Tampa, FL

______________________________________

(FN1)  You propose to operate with 1 watt ERP and 12 meters HAAT on a frequency
of 104.5 MHz.

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