In re Application of IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY (WOI-FM), AMES, LOWA Has: 90.1 mc, No. 211; 16 kw., 480 feet Requests: 90.1 mc, No. 211; 213.25 kw; 436 feet For Construction Permit
File No. BPED-885
FEDERAL COMMUNICATIONS COMMISSION
13 F.C.C.2d 751 (1968)
RELEASE-NUMBER: FCC 68-706
July 3, 1968 Adopted
BY THE COMMISSION: COMMISSIONERS BARTLEY AND JOHNSON CONCURRING AND ISSUING A STATEMENT; COMMISSIONER WADSWORTH ABSENT.
[*751] 1. The Commission has before it for consideration: (a) The above captioned application, (b) the informal objection to the proposal lodged by Lunde Corp., licensee of station KLFM (FM), Ames, lowa, and (c) responsive informal pleadings.
2. Lunde Corp. objects to the proposal only insofar as it would increase the effective radiated power of a noncommercial educational station beyond the 100-kw limit applicable to class C commercial FM stations in that area. Such an increase, it contends, would be inappropriate because it would permit WOI-FM to obtain an inordinate share of the FM audience and would likely result in the "grandfathering" of an operation which exceeds the power limitations the Commission contemplates adopting (Notice of Inquiry in Docket 14185 -- FCC 67-1007).
3. WOI-FM's response disputes the existence of any public detriment in permitting the proposed increase and questions the impact such an increase by an educational station would have on a commercial station. It also asserts that since the Notice of Inquiry merely stated that applications such as this would not necessarily be granted, there is no reason for not granting its application.
4. In our view, Lunde's arguments regarding the competitive impact of the proposal do not provide a valid basis for withholding grant of this proposal. Beyond this, however, is the question of the treatment to be accorded such applications during pendency of the rulemaking proceeding. At the time we adopted the Notice no conclusion had been reached, and as a result, no specific policy was enunciated. In our First Report and Order in Docket 14185 (27 F.R. 7765, FCC 62-866,23 R.R. 1801 (1962), we set forth the reasons (par. 79) for limiting commercial FM stations to certain maximum powers. The Notice of Inquiry [*752] (31 F.R. 14755, 5 FCC 2d 587, 2 R.R. Current Service, 53:351 (1966)) currently extant seeks to determine whether or not these same considerations apply to noncommercial educational FM broadcast stations. Inasmuch as authorizing superpower such as proposed by WOI-FM could limit the Commission's flexibility in allocating channels should a table of assignments be adopted, we are of the view that the public interest would be best served by making no further grants for powers in excess of the proposed limitations until this proceeding is concluded. We make this determination with the knowledge that it would still permit operations with quite substantial facilities. If the proposed limit is not adopted, stations would be able to renew their requests for greater facilities. In the meantime, action on applications for power increases by stations above these limits would be withheld. For those initially proposing higher power or those below the limits seeking to increase power above these levels, we will make partial grants. This will permit educational stations to obtain substantial facilities while preserving our freedom of action in the rulemaking proceeding.
5. In all other respects applicant is fully qualified and its application will be granted but with an effective radiated power of 100 kw. Under section 1.110 of our rules WOI-FM may reject such grant and request a hearing on its proposal.
6. Accordingly, It is ordered, That the relief requested by Lunde Corporation Is granted to the extent indicated, and the subject application Is granted with effective radiated power specified as 100 kw.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
We concur in granting the 100-kw operation but would approve the full 213.25 kw as requested by the applicant.