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Communications Commission ` `  ,h Washington, D.C. 20554   y_`(In re: Applications of ,hhh) ` `  ,hhh)  y_( Peninsula Communications, Inc.hh ) ` `  ,hhh)  y_(For Renewal of Licenses for FM Translator)File Nos. BRFT951124UT, YU, ZG, ZH, ZJ,  y_(Stations ` `  ,hhh)ZK, BRFT970930U5, YA through YH and  y_p(` `  ,hhh)BPFT970616TK and TL  y_H (K285EF, Kenai, K283AB, Kenai/Soldotna,)  y_ (K274AB and K285AA, Kodiak,hh)  y_ (K272DG and K285EG, Seward, Alaska)  y_ (G  MEMORANDUM OPINION AND ORDER x  y_X( Adopted: November 24, 1998hhppXReleased: December 10, 1998  y_(By the Commission:  I. A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)  y_(1. The Commission has before it: (1) an application for review filed December 15, 1997 by Cobb Communications, Inc. ("Cobb"), Glacier Communications, Inc. ("Glacier"), KSRM, Inc. and King Broadcasters, Inc. (collectively referred to as "Petitioners"), challenging the Mass Media Bureau's ("Bureau") action granting Peninsula Communications, Inc.'s ("Peninsula") abovecaptioned 1995 applications for renewal of the licenses of six commercial FM translator stations, subject to Peninsula's  y_(divestiture of the translators, Letter to Jeffrey D. Southmayd, Esq., Ref. No. 1800B3BSH (Chief,  y_(Audio Services Division, November 6, 1997) ("11/6/97 letter");yλ nZ0(ԍ Petitioners also filed a petition for reconsideration of the 11/6/97 letter on the same date as the application for review, in violation of Section 1.104(b) of the Commission's rules, which permits the filing of "either a petition for reconsideration or an application for review (but not both)[.]" 47 C.F.R.  1.104(b). We believe the  nZ(public interest would be better served in this case by responding to the application for review. See Charles F.  nZP(Murray, 6 FCC Rcd 5805, 5806 n. 2 (1991). The petition for reconsideration challenges the Bureau's dismissal as prematurely filed of an earlier application for review that raised substantially the same issue as the instant one.  nZ(See infra,  5. Thus, by addressing the instant application for review, we will also effectively address the merits  nZ(of the earlier one and render moot the procedural issues raised in the petition for reconsideration. Accordingly,  nZp(we will dismiss the petition for reconsideration.y (2) Peninsula's abovecaptioned 1997 renewal applications, Petitioners' January 8, 1998 petition to deny the 1997 renewal applications for  y_x(the six subject translators, and Peninsula's February 6, 1998 motion to strike the petition to deny; xλ nZ"(ԍ In its motion to strike, Peninsula argues that the petition to deny should be summarily dismissed because it was not timely filed as prescribed in 47 C.F.R.  73.3516(e). In our discretion, we will treat the pleading as an informal objection pursuant to 47 C.F.R.  73.3587, because we conclude that the public interest would be  nZ%(served by addressing the issues raised. See, e.g., Golden West Broadcasters, 46 FCC 2d 1135 n. 1 (1974). Accordingly, we will deny Peninsula's motion to strike. "&0*''&"ԌWe note that the brevity of the time period between the filing of the 1995 and 1997 renewal applications is a result of the Commission's decision to modify FM translator license terms to run concurrently  nZ (with the terms of FM primary stations. See Report and Order in MM Docket No. 92-168, 9 FCC Rcd 6504  nZ((1994).  and"x0*''JJ" (3) Peninsula's June 16, 1997 minor modification applications to use an alternative signal delivery  y_(system for two of the subject translators and related requests for waiver of 47 C.F.R.  74.1231(b).s nZ((ԍ In accordance with Section 0.5(c) of the Commission's rules, the Bureau has referred the abovecaptioned 1997 renewal applications and related pleadings, as well as the minor modification applications and related  nZ(waiver requests, to the Commission for resolution in conjunction with the application for review. See 47 C.F.R.  0.5(c). The petition to deny raises substantially the same issue as the application for review, as well as another  nZH (issue which implicates the minor modification applications and related waiver requests.s  y_(2. Background. This case implicates the Commission's eligibility and signal delivery requirements for FM translators. 47 C.F.R.  74.1231(b), 74.1232(d). A brief discussion of the  y_8(history of these rules may be helpful in understanding this case. In Amendment of Part 74 of the  y_(Commission's Rules Concerning FM Translator Stations, Report and Order in MM Docket 88140, 5  y_(FCC Rcd 7212, 721314 (1990) ("Report and Order"), recon. den., Memorandum Opinion and Order,  y_(8 FCC Rcd 5093, 509394 (1993) ("MO&O"), the Commission tightened and clarified a number of translator rules in order to confine or return the service to its original secondary role. Among other things, the Commission revised Section 74.1232(d) to provide that authorization for an "other area" translator will not be granted to persons interested in or connected with the commercial "primary FM  y_ (station." 47 C.F.R.  74.1232(d); Report and Order, 5 FCC Rcd at 721416. `  nZ (ԍ A "primary FM station" is the station whose signal a translator retransmits. 47 C.F.R.  74.1201(d). An "other area" or nonfillin translator is one whose coverage contour extends beyond the protected service contour  nZ(of its primary station. Id. Section 74.1232(d) previously allowed common ownership of a primary FM station and other area translator provided the translator did not operate within the protected service contour of another  nZ@(commercial FM station licensed to a different community. See Report and Order, 5 FCC Rcd at 7214. This provision became effective on June 1, 1991, with preexisting translators required to comply no later than June 1, 1994.  y_ (Report and Order, 5 FCC Rcd at 723132, modified, 6 FCC Rcd 2334 (1991). The Commission provided this threeyear grace period for enforcement of the revised rule in order to avoid unnecessary  y_ (disruption of service to the public. Report and Order, 5 FCC Rcd at 7232. In addition, the  y_X(Commission concluded that waiver of Sections 74.1232(d) or 74.1231(b), the signal delivery rule,!X nZ(ԍ Section 74.1231(b) provides that other area translators may only retransmit primary FM station or translator  nZ(signals received directly over the air. 47 C.F.R.  74.1231(b); Report and Order, 5 FCC Rcd at 722021.! should be available only upon a showing of service to a "white area," that is, an area outside the  y_(coverage contour of any fulltime aural broadcast service. Id. at 7216, 7221; see MO&O, 8 FCC Rcd at 509495 (1993) (rejecting contention that waivers should be available for the provision of translator service to "underserved" areas with fewer than five fulltime aural services). Prior to the MM Docket  y_(88140 proceeding, however, and even after the Commission's adoption of the Report and Order, the staff sometimes waived these and other rules for Alaska translators based on the assumption that  y_@("Alaska's unique terrain, its remoteness and isolation, justify special treatment[.]" Wrangell Radio"@h0*%%JJ"  y_(Group, 75 FCC 2d 404, 407 (1979); see, e.g., Letter to Peninsula Communications, Inc., Ref. No.  y_(8930MER (Chief, Auxiliary Services Branch, February 18, 1992) ("2/18/92 letter").  y_(3. Peninsula owns a total of nine translators in Alaska, as well as the translators' two primary FM stations, KPENFM, Soldotna and KWVVFM, Homer, Alaska. Petitioners have challenged the Bureau's action with regard to only six of these translators and, therefore, our discussion here is limited to those six: K285EF, Kenai, K283AB, Kenai/Soldotna, K274AB and K285AA, Kodiak ("Kodiak translators"), and K272DG and K285EG, Seward ("Seward translators"). All six are "other area" translators, that is, they extend the coverage of their commonlyowned primary stations' contours. Moreover, all but the two Kenaiarea translators must receive the signals of their primary stations by delivery means other than offair reception. Thus, under current rules, absent waiver of Section 74.1232(d), Peninsula cannot own any of these six translators and, absent waiver of Section 74.1231(b), no one can operate the Seward and Kodiak translators using the nonoffair delivery  y_ (systems which these translators require.   y_ (4. Peninsula obtained authorizations for three of the subject translators K283AB,  y_ (Kenai/Soldotna and the two Kodiak translators prior to June 1, 1991, the effective date of the Report  y_X(and Order. It requested waiver of former Section 74.1232(d) in connection with K283AB because the translator would operate within the protected service contour of another commercial FM station  y_(licensed to a different community. See supra, n. 4. The staff granted the authorization without ruling on the waiver request. Waivers of former Section 74.1232(d) also were necessary for the two Kodiak translators, but were not requested by Peninsula, and the staff granted the authorizations without  y_(reference to the rule. nZ(ԍ On September 6, 1991, the staff also granted major modification applications for two of the pre1991  nZ(translators, K283AB and K274AB, without waiver requests or reference to Section 74.1232(d). The other three subject translators K285EF, Kenai and the two Seward  y_h(translators were initially authorized after June 1, 1991. The staff granted the K285EF authorization  y_@(without reference to the revised ownership rule in Section 74.1232(d), and granted waivers of that rule  y_(for the two Seward translators in the 2/18/92 letter, citing the Wrangell policy of special treatment for  y_(Alaska translators. On the same ground, the staff also waived the offair delivery requirement of  y_(Section 74.1231(b) for the Seward translators, thus allowing Peninsula to utilize an alternative signal  y_(delivery system for the Seward translators.  nZ`(ԍ Unlike the Seward translators, the Kodiak translators did not require waiver of the offair delivery  nZ((requirement of Section 74.1231(b) until recently. See infra,  12.  y_P(5. Following receipt of Peninsula's 1995 renewal applications, the Bureau determined that Peninsula had obtained valid waivers of Section 74.1232(d) only for the two Seward translators and, therefore, had been operating the four other subject translators in violation of Section 74.1232(d) since  y_(June 1, 1994, when the threeyear grace period for application of the revised rule ended. Letter to  y_(Jeffrey D. Southmayd, Esq., Ref. No. 1800B4AJS (Chief, Audio Services Division, September 11,  y_(1996) ("9/11/96 letter"). Relying on the Commission's pronouncements in MM Docket 88140, the Bureau also found that neither grant of new Section 74.1232(d) waivers, nor continuation of the  y_8(Section 74.1232(d) waivers previously granted for the Seward translators, was warranted. "8x0*%%JJ$"  y_(Accordingly, the Bureau ordered Peninsula to divest the six translators.   nZh(ԍ Specifically, the Bureau deferred action on the 1995 renewal applications for a period of 60 days, during which time it gave Peninsula the opportunity to file assignment applications for the translators in accordance with  nZ(Section 74.1232(d). Should the required assignment applications be filed and granted, the Bureau stated that it  nZ(would grant the 1995 renewal applications conditioned on consummation of the assignments.  The Bureau explained that it was not terminating the service provided by the translators or otherwise sanctioning Peninsula for violation of Section 74.1232(d) due to the staff's previous actions with regard to the translators,  y_(including special treatment of Alaska translators. See supra,  4. In view of these circumstances, the Bureau reasoned that Peninsula reasonably could have believed itself to be in compliance with the  y_8(Commission's translator ownership restrictions. The Bureau did not address Peninsula's Section  y_(74.1231(b) waivers for the Seward translators in its 9/11/96 letter.  y_(6. On November 6, 1997, in accordance with its findings in the 9/11/96 letter, the Bureau granted both the 1995 renewal applications and Peninsula's applications to assign the translators to Coastal Broadcast Communications, Inc. ("Coastal"), conditioning grant of the 1995 renewal  y_H (applications on consummation of the assignments. 11/6/97 letter at 45. xH  nZ(ԍ The Bureau previously dismissed Peninsula's November 14, 1996 applications to assign the translators to Coastal, finding that, based on the proposed financing of the deal, Peninsula would retain an interest in the  nZ((translators in violation of Section 74.1232(d). See Letter to Jeffrey D. Southmayd, Esq., Ref. No. 1800B3BSH (Chief, Audio Services Division, June 17, 1997) (providing ten additional days for submission of assignment  nZ(applications in compliance with Section 74.1232(d)). In the 11/6/97 letter, the Bureau dismissed as moot Petitioners' November 18, 1996 petition for extraordinary relief concerning the November 14, 1996 assignment  nZH(applications. The Bureau also conditioned  y_ (approval of the assignments on grant of the 1997 renewal applications.   nZ(ԍ The renewal period pertinent to the 1997 renewal applications expired on February 1, 1998. Accordingly,  nZx(these applications were not eligible for grant at the time of the 11/6/97 letter. In addition, the Bureau denied Petitioners' August 6, 1997 petition to deny the assignment applications and dismissed as  y_ (prematurely filed Petitioners' October 10, 1996 application for review of the 9/11/96 letter, stating that  y_ (the Bureau's deferral of the 1995 renewal applications therein was not an action subject to appeal. See  y_ (supra, n. 1.  y_0(7. In the instant application for review, Petitioners contend that the Bureau's finding that Peninsula is ineligible to continue to hold the subject translator licenses necessitates revocation of the licenses, and that the Bureau could not avoid this necessity by conditioning grant of the 1995 renewal applications on Peninsula's divestiture of the licenses. In support of this contention, Petitioners rely on  y_(the Commission's longstanding policy, as approved in Jefferson Radio Co. v. FCC, 340 F.2d 781, 783 (D.C.Cir. 1964), that "assignment of broadcast authorization will not be considered until the  y_@(Commission has determined that the assignor has not forfeited the authorization." Id. Similarly,  y_(Petitioners contend in their petition to deny that under the Jefferson Radio policy, grant of the 1997 renewal applications is precluded by the Bureau's finding. Furthermore, Petitioners contend in their petition to deny that the 1997 renewal applications for the Kodiak and Seward translators should be denied because continuation or grant (in the case of the Kodiak translators) of Section 74.1231(b)"H 0*%%JJ:" waivers for their operation is not justified under the Commission's rules.  y_(8. Discussion Assignment of Translators. Under the Commission's Jefferson Radio policy, action on an assignment or transfer application generally must be deferred where there are unresolved basic character qualifications issues concerning the seller in a renewal proceeding for the station  y_8(sought to be transferred. See, e.g., RKO General, Inc., 3 FCC Rcd 5057, 506061 (1988), appeal  y_(dismissed sub nom. Los Angeles Television, FCC No. 88-1673 (D.C.Cir. August 4, 1989). Established on the premise that "a licensee . . . has nothing to assign or transfer unless and until he has established his own qualifications[,]" the policy "stems from the Commission's concern that, where an evidentiary hearing has been designated on a renewal application or show cause order to determine disqualifying questions, permitting the suspected wrongdoer to evade a sanction by transferring his interest or assigning the license without hearing will diminish the deterrent effect which revocation and renewal  y_ (proceedings should have on broadcast licensees." Northland Television, Inc., 42 RR 2d 1107, 1110  y_ ((1980); see RKO General, Inc., 3 FCC Rcd at 506061.  y_ (9. Petitioners' reliance on the Jefferson Radio policy is misplaced because, consistent with its  y_ (underlying concern for deterrence, the Commission has stated that the policy is applicable only where  y_X(an applicant's basic character qualifications are at issue. Pinelands, Inc., 7 FCC Rcd 6058, 6061 n. 11  y_0((1992) (citing Boise Valley Broadcasters, Inc., 53 FCC 2d 823, 82425 (1975)); Questions Concerning  y_(Basic Qualifications of Broadcast Applicants, 28 RR 2d 705, 70506 (1973). Although any violation of the Communications Act or the Commission's rules raises character concerns, all violations do not  y_(rise to the level of potentially disqualifying an applicant. See Virginia RSA 6 Cellular Ltd.  y_(Partnership, 6 FCC Rcd 405, 407 (1991) (citing Policy Regarding Character Qualifications in  y_h(Broadcast Licensing, 102 FCC 2d 1179, 1210 ("Policy Statement") (subsequent history omitted)). Here, no substantial and material questions of fact have been raised in the subject renewal proceedings regarding Peninsula's basic character. There is no evidence that Peninsula attempted to deceive or mislead the Commission as to its compliance with Section 74.1232(d). Indeed, the staff's previous actions reasonably could have led Peninsula to believe that the Alaska translators were being accorded  y_(special treatment. See infra,  14. Although Peninsula had valid waivers of Section 74.1232(d) only for the two Seward translators and, therefore, violated the Commission's rules by operating the other four subject translators without valid waivers of the rule, there is nothing in the record to suggest a likelihood that in the future it will not deal truthfully with the Commission and comply with the  y_(Communications Act and the Commission's rules and policies. See Virginia RSA 6 Cellular Ltd.  y_(Partnership, 6 FCC Rcd at 407 (premature construction did not warrant inquiry into applicant's fitness to be a Commission licensee where violations apparently were inadvertent and there was no evidence  y_(of misrepresentation or lack of candor). Therefore, the Jefferson Radio policy is inapposite here.  y_8( 10. Of course, the Bureau's findings did render Peninsula ineligible to continue to hold the subject translator licenses. In the absence of an unresolved basic character qualifications issue, however, there can be no doubt as to the Commission's authority to cure or remedy this situation by  y_!(granting the renewal applications conditioned on divestiture of the translators. See 47 U.S.C.  303(r) (authorizing the Commission to "prescribe such restrictions and conditions" as may be necessary to  y_p#(carry out its duties); The Petroleum V. Nasby Corp., 10 FCC Rcd 6029, 603 (Rev.Bd. 1995) (conditioning grant of license renewal and transfer applications on divestiture of stock ownership and"H$ 0*%%JJ!"  y_(corporate membership resulting from illegal transfers), recon. granted in part, 10 FCC Rcd 9964,  y_(remanded on other grounds, 11 FCC Rcd 3494 (1996); Spanish Int'l Communications Corp., 2 FCC Rcd 3336, 3339 (1987) (in case involving violation of alien ownership restrictions, approving settlement agreement providing for grant of renewal applications subject to immediate transfer of  y_`(stations), aff'd sub nom. Coalition for the Preservation of Spanish B'casting v. FCC, 931 F.2d 73  y_8((D.C.Cir.), cert. den., 502 U.S. (907) (1991). Accordingly, we will deny the instant application for  y_(review, as well as the petition to deny to the extent that it raises the same argument based on the  y_(Jefferson Radio policy.  y_( 11. Petition to Deny Kodiak and Seward Translators. Petitioners also contend that the 1997 renewal applications for the Kodiak and Seward translators should be denied because grant or continuation of Section 74.1231(b) waivers for their operation is not justified under the Commission's rules. Section 74.1231(b) provides that other area translators may only retransmit primary FM station  y_ (or translator signals received directly over the air. 47 C.F.R.  74.1231(b); Report and Order, 5 FCC  y_ (Rcd at 722021. As in the case of the translator ownership rule, the Commission restricted waivers of  y_ (this rule to "white area" situations in the Report and Order. Id.; see supra,  2. Nevertheless, the  y_ (staff waived this rule in the 2/18/92 letter for Peninsula's operation of the two Seward translators in  y_X(the absence of a "white area" showing, relying on Wrangell, Peninsula's showing that an alternative signal delivery system was the only means by which the translators could be operated, and the fact  y_(that the translators would provide a first commercial FM service to Seward. Petitioners argue that the waivers should be discontinued because Seward has a full service AM station, KSWD(AM), licensed to Petitioner Glacier, and "competition from the Seward translators makes it difficult for KSWD to survive and prosper in a community as small as Seward." Petition to Deny at 6. Petitioners also assert that Glacier has obtained a construction permit for a FM station on a channel allotted to Seward, and that the translator operations threaten the financial viability of the unbuilt, nonoperational FM  y_(station.  nZ(ԍ Commission records indicate that William M. Holzheimer, Glacier's President, was issued a construction permit for KPFN(FM), Channel 290, Seward on May 16, 1997 (File No. BPH950417MB). We note that discontinuation of the waivers would require termination of the Seward translator operations because, unlike the previouslydiscussed Section 74.1232(d) violations, signal delivery rule violations could not be cured by assignment of the translators to a different licensee.  y_x( 12. With regard to the two Kodiak translators, Coastal (the authorized assignee) has filed minor modification applications and requests for waiver of Section 74.1231(b), representing that the two offair reception antennas that were used to deliver the translators' signals to Kodiak for the past 12 years recently were destroyed, and that an alternative microwave or satellite signal delivery system is the only means by which the translators can continue to retransmit their respective primary stations.  y_(See supra,  3. Coastal asserts that the translators provide a valuable service to the community of Kodiak, serving a combined total of nearly 7,000 listeners per week, and that the staff granted waivers  y_`(for the Seward translators under similar circumstances. Petitioners, however, argue that the waiver requests should be denied because the translators threaten the economic viability of two local full service stations, KVOK(AM) and KJJZ(FM), Kodiak, both licensed to Petitioner Cobb.  y_!( 13. We conclude that grant of Section 74.1231(b) waivers for the Kodiak translators is not"!  0*%%JJ^" warranted under the Commission's translator rules. In restricting waivers of Sections 74.1231(b), 74.1232(d) and other service rules to "white area" situations, the Commission sought to promote incentives for full service FM and AM broadcast station development and prevent such stations from  y_(being forced to compete economically with translators. See Report and Order, 5 FCC Rcd at 721316,  y_`(722021; MO&O, 8 FCC Rcd at 509395. The Commission's action left no room for waiver of these rules for the operation of other area translators in Alaska or elsewhere in the absence of "white area"  y_(showings. See Report and Order, 5 FCC Rcd at 721316, 722021; MO&O, 8 FCC Rcd at 509395 ;  y_(cf. Letter to Kevin C. Boyle, Esq., 11 FCC Rcd 2348, 2350 (Acting Chief, Audio Services Division, 1996) (staff denied Section 74.1232(d) waivers for operation of translators providing service to "gray"  y_(or "underserved" areas of rural Utah).  nZ (ԍ The Commission did state in a footnote to its signal delivery discussion in the Report and Order that  nZ ("[w]e intend that our decisions herein not alter in any fashion the special treatment we accord Alaska[,]" citing  nZ (Wrangell. Report and Order, 5 FCC Rcd at 7245, n. 59. Read in context, however, this statement expresses the  nZX (Commission's willingness to allow Alaskan commercial translators providing fillin service to use satellite rather than terrestrial delivery of signals upon an appropriate showing that no terrestrial means is available due to the  nZ (lack of microwave, phone company circuits, dedicated fiber optic cable or other communications services. See  nZ(id. at n. 59 and accompanying text. Wrangell provides no justification for waiver of the translator rules for other  nZx(area translators operating in non"white areas." See Wrangell, 75 FCC 2d at 407 (waiving various rules for the  nZ@(operation of 10watt television translators in Alaskan communities where there was no offtheair television  nZ(programming available).  Our engineering staff review has determined that the Kodiak translators do not provide service to any "white area" not served by the full service AM and FM stations in the community. Accordingly, grant of Section 74.1231(b) waivers for the Kodiak translators is not warranted under the Commission's rules. We shall, therefore, deny Coastal's minor  y_ (modification applications and related waiver requests for the Kodiak translators.&  `  nZ(ԍ Peninsula notified the staff by letter dated October 29, 1998 that the Kodiak translators, which, according to the Commission's records, had been silent since November 12, 1997, returned to the air as of October 29, 1998 "rebroadcasting the signal of noncommercial, educational FM translator K296DC, Kodiak, Alaska, licensed  nZP(to Kodiak Community Church." Peninsula subsequently confirmed by letter dated November 10, 1998 that it has obtained the consent of Kodiak Community Church and that such rebroadcast represents a change in primary  nZ(stations for the Kodiak translators. Thus, although the Kodiak translators will no longer be rebroadcasting  nZ(KPENFM, Soldotna and KWVVFM, Homer, Alaska, see supra,  3, they are now operating in accordance with our translator rules. We shall, therefore, deny the petition to deny the 1997 renewal applications for the Kodiak  nZ8(translators and grant the renewal applications.&  y_ ( 14. The situation is different with regard to the two Seward translators. As indicated above,  y_ (initial grant of a waiver would not be justified here absent a showing that the Seward translators  y_X(provide "white area" service, and we disagree with the staff's application of Wrangell in the 2/18/92  y_0(letter. See supra, n. 11. Nevertheless, over six years have elapsed since the Bureau's waivers of the  y_(current translator rules became final, and the circumstances have not changed since the waivers were  y_(granted: the community of Seward still has only one full service commercial station, KSWD(AM),  y_(and the Seward translators continue to provide Seward's only commercial FM service. Discontinuation of the Section 74.1231(b) waivers would require termination of the Seward translator operations and a"0 0*%%JJl"  y_(loss of existing service to the public. nZh(ԍ The Commission has imposed a freeze on new and major modification applications for FM translators, see  nZ0(Implementation of Section 309(j) of the Communications Act, Notice of Proposed Rule Making in MM Docket 97397, 12 FCC Rcd 22363, 22388 (1997), and, in any case, staff engineering review indicates that no full service FM station is located close enough to Seward to enable its signal to be retransmitted directly over the air by a translator. Thus, the commercial FM service provided by the Seward translators cannot be replaced except by a new full service commercial FM station licensed to Seward.  In view of these circumstances, we do not believe that termination of the Seward translator operations would serve the public interest at this time. We note, however, that if and when the unbuilt, nonoperational full service FM station authorized in Seward  y_(commences operation, see supra, n. 10, we may consider whether the circumstances under which the waivers were granted have so changed as to warrant termination of the Seward translator operations. Accordingly, we find that the public interest would be served by renewal of the Seward translator authorizations and, therefore, will grant the 1997 renewal applications for these translators with the same condition as the Bureau attached to grant of the 1995 renewal applications. Likewise, we will grant the 1997 renewal applications for the remaining two subject translators, K285EF, Kenai and K283AB, Kenai/Soldotna, as to which Petitioners raised no signal delivery issues. We also will grant the 1997 renewal applications for the three additional Peninsula translators in Alaska whose authorizations Petitioners have not challenged (K257DB, Anchor Point, K272CN, Homer and  y_ (K265CK, Kachemak City).   y_ (15. For the foregoing reasons, IT IS ORDERED that Petitioners' December 15, 1997 application for review IS DENIED, and Petitioners' December 15, 1997 petition for reconsideration IS DISMISSED pursuant to 47 C.F.R.  1.104(b). ` `  y_0(16. IT IS FURTHER ORDERED that Peninsula's February 6, 1998 motion to strike IS DENIED, and Petitioners' January 8, 1998 petition to deny IS GRANTED TO THE EXTENT INDICATED ABOVE, and IS DENIED in all other respects.  y_(17. IT IS FURTHER ORDERED that Coastal's minor modification applications (File Nos. BPFT970616TK, TL) and related requests for waiver of 47 C.F.R.  74.1231(b) for translators K274AB and K285AA, Kodiak ARE DENIED.  y_(18. IT IS FURTHER ORDERED that Peninsula's 1997 applications for the renewal of the licenses of translators K257DB, Anchor Point, K272CN, Homer, K265CK, Kachemak City, K285EF, Kenai, K283AB, Kenai/Soldotna, K274AB and K285AA, Kodiak, and K272DG and K285EG, Seward, Alaska (File Nos. BRFT970930U5, YA through YH) ARE GRANTED, conditioned on consummation"x@0*%%JJ" of the authorized assignments of the translators (File Nos. BALFT970701TR through TZ).  y_( ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION ` `  ,hhhMagalie Roman Salas  y_(` `  ,hhhSecretary#,5\  P6G; ,P## G\  P6G;SP#