PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 97-2568 Released December 8, 1997 M ASS MEDIA BUREAU LISTS COMMERCIAL FM BROADCAST STATIONS POTENTIALLY E LIGIBLE TO INCREASE EFFECTIVE RADIATED POWER ON FORM 302-FM In Certain Minor Changes Without a Construction Permit, Report and Order, MM Docket 96-58, 12 FCC Rcd 12371, 61 FR 51052 (1997), the Commission made changes to its rules to permit the licensing of certain minor changes in broadcast facilities without the prior requirement of a granted construction permit. These rules became effective on December 1, 1997. Paragraph 9 of the Report and Order indicated that a Public Notice would be released listing FM commercial authorizations which, according to the Commission FM engineering database, (a) meet or exceed the minimum separation requirements of 47 CFR 73.207 with respect to all other FM broadcast stations, vacant allotments, and pending applications, including Canadian and Mexican assignments and vacant allotments, and (b) are operating with effective radiated powers (ERP) less than permitted for the station class. These stations may be eligible to increase their ERP on FCC Form 302-FM, without the filing and grant of a construction permit application on Form 301. Before increasing power, the station should verify that is in compliance with all of the requirements contained in the revised rule 47 CFR 73.1690(c) (see Paragraph 7 through 10 and Appendix E of the Report and Order in Docket 96-58). Stations which increase ERP but are not in compliance with all of the requirements set forth in Section 73.1690 will be required to reduce the ERP to the authorized values on short notice. Changes in the ERP may be accomplished by replacing the transmission line, replacing the antenna where the radiation center is no more than 2 meters above or 4 meters below the authorized values, changing the transmitter output power, or installing or removing components in the transmission line. The changed operation must comply with the revised radiofrequency exposure limits which went into effect on October 15, 1997. Once the increased ERP has been accomplished, the licensee or permittee must immediately submit a letter to the Audio Services Division, MMB (1800B3), FCC, Washington, DC 20554 [fax (202)-418-1410] indicating that program test operations have commenced (see 47 CFR 73.1620). Within 10 days of commencing operations, the licensee or permittee must file FCC Form 302-FM to cover the changes. As stated in the Report and Order, the license application must contain a completed Appendix C from that Order (a copy is attached to this Public Notice for convenience) and any exhibits required therein. License applications which modify an existing license are exempt from filing fees. Each copy of the license application (original + 2 duplicates) must have a cover letter noting the exemption. The modification-of-license application must be submitted to the Office of the Secretary (1800B3), Room 222, 1919 M Street NW, Washington DC 20554. If the license application also pertains to a granted construction permit, the license application fee must be submitted along with the application to the address specified in the Mass Media Fee Filing Guide (Mellon Bank). Stations which are listed as contour protection stations on the attached list (YES in the 73.215 column) which are now fully spaced under 47 CFR 73.207 may request to delete the contour protection designation in addition to increasing power. Applications requesting deletion of the contour protection designation will be processed on a first come / first served basis with respect to earlier filed applications for construction permit or license. Questions about this Public Notice or the Report and Order in MM Docket 96-58 may be directed to Dale Bickel, dbickel@fcc.gov, (202)-418-2720. - -- FCC --- S upplement to FCC Form 302-FM (Appendix C of the Report and Order in MM Docket 96-58, FCC 97-290, 12 FCC Rcd 12371 at 12420) ( OMB Approval Number 3060-0506) This supplement is intended for use with the revised procedures adopted in the Report and Order in MM Docket 96-58. You may use this supplement to determine whether the new procedures are applicable to your particular situation. This supplement and any related exhibits must be attached to the Form 302-FM license application. This FM license application is filed to: cover construction permit (permit number) ____________________________ (the permit number starts with BPH-, BMPH-, BPED-, BMPED- ) modify license (license number) _____________________________________ (the license number starts with BLH- , BMLH-, BLED- , BMLED) Purpose of Application (Check applicable boxes and provide the requested information and exhibits): 1. Increase in a Commercial FM station's Effective Radiated Power (ERP). An FM commercial station (also including those noncommercial educational stations authorized to operate on Channels 221 through 300 (except Class D stations)), may increase ERP via a license application where EITHER (a), (b), or (c) BELOW ARE TRUE. [Noncommercial educational permittees or licensees operating on Channels 200 through 220, or Class D stations operating on any channel, may only increase the authorized maximum ERP after grant of a construction permit application on FCC Form 340 (but see Section 8 below).] An analysis to demonstrate compliance with the Commission's radiofrequency radiation requirements must be included with the Form 302-FM application for license to cover the increased power. (a)(i). The commercial Class A station was authorized pursuant to MM Docket 88-375 to increase ERP in a modification of license application in one of the following Public Notices (see 47 CFR Section 73.1690(c)(5)). The ERP increase must not violate the multiple ownership provisions of 47 CFR Section 73.3555. The Form 302-FM application must include an analysis demonstrating compliance with the Commission's radiofrequency radiation requirements. ____ November 3, 1989 (Reference No. 451), Page No. _________***See Note ____ November 17, 1989 (Reference No. 640), Page No. _________ ____ December 8, 1989 (Reference No. 886), Page No. _________ ____ March 2, 1990 (Reference No. 2009), Page No. _________ ____ February 11, 1991 (Reference No. 11615), Page No. ________ *** Note: Certain stations included on the November 3, 1989 Public Notice were deleted from the lists of eligible stations on the November 17, 1989 Public Notice. Applicants referring to the November 3, 1989 Public Notice should also check the November 17, 1989 Public Notice. ______ ii) the installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. ______ iii) The applicant must demonstrate compliance with the AM protection requirements of 47 CFR Section 73.1692 if the increase in ERP also involves replacement of an antenna on an AM antenna tower. (b). The commercial FM station is fully spaced pursuant to 47 C.F.R. Section 73.207 of the Commission's rules. See 47 CFR Section 73.1690(c)(7). The ERP increase may only be implemented where ALL OF THE FOLLOWING ARE TRUE: ______ i) A showing must be provided to demonstrate that the FM station complies with the minimum separation requirements of 47 CFR  73.207. The FM station may not be "grandfathered" under 47 CFR Section 73.213 or authorized under the contour protection rule 47 CFR Section 73.215. ______ ii) If located in or near a radio quiet zone, radio coordination zone, or a Commission monitoring station, written approval has been secured from that radio quiet zone, radio coordination zone, or the Commission's Compliance and Information Bureau in the case of a monitoring station, PRIOR to implementation of the ERP increase. See 47 CFR Sections 73.1030 and 0.121(c). A copy of the written approval must be attached to the Form 302-FM application. ______ iii) The station does not require international coordination since ____ the transmitter site is not within 320 km of the Canadian or Mexican border; or ____ if the transmitter site is in a border zone, the station's International Class _____ is equal to or greater than the station's Domestic Class _____ ______ iv) The power increase does not require the consideration of a multiple ownership showing pursuant to 47 CFR Section 73.3555. ______ v) The vertically polarized ERP will not exceed the horizontally polarized ERP. ______ vi) the installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. ______ vii) The applicant must demonstrate compliance with the AM protection requirements of 47 CFR Section 73.1692 if the increase in ERP also involves replacement of an antenna on an AM antenna tower. ______ viii) An analysis to demonstrate compliance with the Commission's radiofrequency radiation requirements must be included with the Form 302-FM application for license to cover the increased power. (c). The license application is filed to increase the ERP of an auxiliary facility. Complete Section 7 below. 2. Decrease in a commercial FM station's ERP. An FM station may decrease ERP via a license application where ALL OF THE FOLLOWING ARE TRUE. See 47 CFR Section 73.1690(c)(8). ______ i) An exhibit must be provided to demonstrate that the station will continue to maintain the 70 dBu contour over the community of license, as required by 47 CFR Section 73.315(a). The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 70 dBu contour in a license application. ______ ii) An exhibit must be provided to demonstrate that the station will maintain the 70 dBu contour over the main studio location, or that the main studio is located within the community of license, as required by 47 CFR Section 73.1125. The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 70 dBu contour in a license application. ______ iii) The station class, as defined by 47 CFR Section 73.211, may not change from the station class authorized for the station. ______ iv) The station's vertically polarized ERP will not exceed the horizontally polarized ERP. ______ v) The licensee or permittee must certify that the power decrease is not requested or required to establish compliance with the multiple ownership rule, 47 CFR Section 73.3555. ______ vi) The installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. ______ vii) The reduction in power would not cause an authorized auxiliary facility of the station to violate 47 CFR Section 73.1675. If a violation would occur: ______ an application must be submitted simultaneously with the license to cover the power reduction to bring the auxiliary facility into compliance with 47 CFR Section 73.1675; or ______ the auxiliary license is attached for cancellation. 3. Decrease in a noncommercial educational FM station's ERP. A decrease in a noncommercial educational station's ERP may be applied for in a license application, provided that ALL OF THE FOLLOWING ARE TRUE. See 47 CFR Section 73.1690(c)(8). _____ i) An exhibit must be provided to demonstrate that the station continues to provide a 60 dBu contour over at least a portion of the community of license. The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 60 dBu contour in a license application. _____ ii) An exhibit must be provided to demonstrate that the station will continue to provide a 70 dBu contour over the main studio location, as required by 47 CFR Section 73.1125, or that the main studio is located within the community of license (see 47 CFR Section 73.1125(a)(3)). The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 70 dBu contour in a license application. _____ iii) The license application may not propose to eliminate the authorized horizontally polarized ERP, if a horizontally polarized ERP is currently authorized. _____ iv) The vertically polarized ERP may not exceed the horizontally polarized ERP, unless the noncommercial educational station is located within the separations specified in Table A of 47 CFR Section 73.525 with respect to a Channel 6 television station. _____ v) The installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. _____ vi) The station is not presently authorized with separate horizontal and vertical antennas mounted at different heights. Use of separate horizontal and vertical antennas requires a construction permit before implementation or changes. _____ vii) The reduction in power would not cause an authorized auxiliary facility to violate 47 CFR Section 73.1675. If a violation would occur: ______ an application is submitted simultaneously with this license application to reduce ERP to bring the auxiliary facility into compliance with 47 CFR Section 73.1675; or _____ the auxiliary license is attached for cancellation. 4. Replacing an FM Directional Antenna With Another Directional Antenna. A directional antenna may be replaced with another directional antenna, and the Commission subsequently notified of the change via a license application, provided exhibits are attached to the license application to demonstrate compliance with ALL OF THE FOLLOWING ITEMS. See 47 CFR Section 73.1690(c)(2). _____ i) the installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. _____ ii) A measured directional pattern and tabulation on the manufacturer's letterhead showing both the horizontal and vertical radiation components and demonstrating that neither of the measured components exceeds the authorized composite pattern along any azimuth. _____ iii) If the directional antenna is used for a station authorized under Section 73.215 (commercial FM contour protection), or Section 73.509 (noncommercial educational FM), the license application must demonstrate that the RMS (root mean square) of the measured composite directional pattern is 85% or more of the RMS of the authorized composite pattern. If the measured pattern does not meet this requirement, an attachment may be provided to specify reduced relative field values along multiple azimuths for the authorized composite pattern (as authorized for the previous license) so as to bring the measured and authorized directional patterns into compliance with the 85% RMS requirement. See 47 CFR Section 73.316(c)(9). _____ iv) A description from the manufacturer as to the procedures used to measure the directional antenna pattern. The antenna measurements must be performed with the antenna mounted on a tower or tower section, or through use of a scale model, equivalent to that on which the antenna will be permanently mounted, and the tower or tower section must include transmission lines, ladders, conduits, other antennas, and any other installations which may affect the measured directional pattern. _____ v) A certification from a licensed surveyor that the antenna has been oriented to the proper azimuth must be provided. _____ vi) A certification from a qualified engineer who oversaw installation of the directional antenna that the directional antenna was installed pursuant to the manufacturer's instructions must be provided. _____ vii) The applicant must demonstrate compliance with the AM protection requirements of 47 CFR Section 73.1692 if the installation would occur on an AM antenna structure. 5. Deletion of Contour Protection Status Under 47 CFR  73.215 for a Commercial FM Station. See 47 CFR  73.1690(c)(6). A permittee or licensee may apply to delete the contour protection station designation pursuant to 47 CFR Section 73.215 where a showing is provided to demonstrate that the FM station is fully spaced in accordance with the minimum separation requirements of 47 CFR Section 73.207. As specified in the Report and Order in MM Docket 96-58, this license application will be considered on a first come / first served basis with respect to any conflicting minor change or license application, and that a prior filed conflicting application, if granted, may necessitate the dismissal of the license application and the resumption of operations with the contour-protected facilities specified on the current station authorization. Deletion of the contour protection designation will only occur upon grant of the license application. 6. Change Licensing Status from Commercial FM to Noncommercial Educational FM, or vice versa. See 47 CFR Section 73.1690(c)(9). A permittee or licensee proposing to change from commercial to noncommercial educational status must attach completed Sections II and IV of FCC Form 340 to the license application. Conversely, a permittee or licensee on Channels 221 to 300 proposing to change from noncommercial educational to commercial may do so in a license application without additional exhibits, provided that the channel is not specially reserved for noncommercial educational use in the Table of Allotments (47 CFR Section 73.202(b)). In either case, the change will become effective upon grant of the license application. 7. Formerly Licensed FM Main Facilities as Auxiliary Facilities, or Change in ERP of an Authorized FM Auxiliary Facility. See 47 CFR Section 73.1675. The following information must be provided to obtain authorization to use a formerly licensed main facility as an auxiliary facility, or to change the ERP of an authorized FM auxiliary facility: _____ i) The License Number of the formerly authorized main facility is _____________ (the License No. starts with BLH- , BLED-, BMLH-, BMLED- ) _____ ii) An exhibit must be provided to demonstrate that the location of the auxiliary facility's 1 mV/m (60 dBu) contour lies within the licensed main facility's 1 mV/m (60 dBu) contour. The analysis should use a sufficient number of radials to accurately locate both the main and auxiliary contours. The location of the 1 mV/m (60 dBu) contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). _____ iii) The installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. _____ iv) If the application proposes to increase the ERP of the auxiliary facility, the application must provide an analysis to demonstrate compliance with the Commission's radiofrequency radiation requirements. _____ v) If the auxiliary facility requires the installation of a new antenna on an AM antenna tower, the license application must demonstrate compliance with 47 CFR Section 73.1692. 8. Change in the Vertically Polarized ERP for FM Commercial Stations and Certain Noncommercial Educational FM Stations. See 47 CFR Section 73.1690(c)(4). Those FM stations for which ALL OF THE FOLLOWING APPLY may increase or decrease the vertically polarized ERP in a modification of license application: _____ i) If the station is a noncommercial educational FM station and the distance from the FM station to any Channel 6 television station exceeds the minimum distance separation specified in Table A of 47 CFR Section 73.525, an increase or decrease in the vertically polarized ERP may be made, not to exceed the authorized horizontally polarized ERP. [If the station is authorized for vertically polarized only operation, a construction permit is required before making the change.] _____ ii) If the noncommercial educational station is within the minimum separations specified in Table A with respect to a Channel 6 television station, the station may file a license application procedure to reduce (but not increase) the vertical ERP from the authorized value, and may also decrease (but not increase) the horizontal ERP, provided that any presently authorized horizontal ERP is not eliminated entirely. An exhibit must be provided to demonstrate that the 60 dBu contour will continue to cover at least a portion of the community of license. The location of the contour must be predicted using the standard contour prediction method in 47 CFR Section 73.313(b), (c), and (d). Supplemental contour prediction methods may not be used to predict the location of the 70 dBu contour in a license application. _____ iii) If the application proposes to increase the vertically polarized ERP of the presently authorized facility, the application must provide an analysis to demonstrate compliance with the Commission's radiofrequency radiation requirements. _____ iv) the installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center. _____ v) If the new antenna is mounted on an AM antenna tower, the license application must demonstrate compliance with 47 CFR Section 73.1692. Certifications for Supplement to FCC Form 302-FM In addition to the certifications in Section I, FCC Form 302-FM, I certify that the statements and exhibits in this supplement to the application are true, complete, and correct to the best of my knowledge and belief and are made in good faith. I understand that, pursuant to 47 CFR Section 73.1620, the Commission may require a reduction in the station's operating power or other changes, or the cessation of program test operations, or the filing of a construction permit application (with appropriate filing fee) for failure to comply with the terms of the construction permit or previous license, Commission rule, or to eliminate interference. Printed Name of Preparer Signature _______________________________________ ________________________________________ Printed Name of ApplicantSignature (see instructions to Item 6, Section I, Form 302-FM) _______________________________________ ________________________________________ Title Date _______________________________________ ________________________________________ *** END TO FCC FORM 302-FM SUPPLEMENT *** [ Note: The list itself is not in Word Perfect 5.1 format. The list can be retrieved from http://www.fcc.gov/mmb/asd/decdoc/letter/1997--12--08--erp.html. ]