This document was originally prepared in Word Perfect 5.1. If the original document contained footnotes or special formatting, such as boldface or italics, that information is missing from the on-line ASCII version. The document format (spacing, margins, tabs, etc.) may be changed too. If you need the complete document, download the Word Perfect version.

                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                             IN REPLY REFER TO:
                                             1800B2, 8910-AJ

Jeffrey D. Southmayd, Esquire
Southmayd & Miller
1220 Nineteenth Street, N.W.
Suite 400
Washington, D.C. 20036

     Re:  New FM Station in Kalispell, Montana, File No. BPED-941202MA

Dear Mr. Southmayd:

     The staff has under consideration the above-referenced application of the Moody
Bible Institute of Chicago ("Moody") to construct a new, noncommercial educational
("NCE") FM station in Kalispell, Montana on Channel 215C3.  Moody requests waiver of
the Commission's main studio requirement, see 47 C.F.R.  73.1125, in order to operate
the Kalispell station as a satellite of its NCE station KMBI(FM), Spokane, Washington. 
For the reasons set forth below, we waive 47 C.F.R.  73.1125 and grant Moody's
application for a construction permit.

     Section 73.1125(a) requires each broadcast station to maintain a main studio within
the station's principal community contour to ensure that the station will serve the needs
and interests of the residents of its community of license.  Amendment of Sections 73.1125
and 73.1130, 3 FCC Rcd 5024, 5027 (1988).  However, under Section 73.1125(a)(4), the
Commission will waive this requirement where "good cause" exists to do so and where the
proposed studio location "would be consistent with the operation of the station in the
public interest."  Each waiver request by an NCE station seeking to operate as the satellite
of another NCE station is considered on a case-by-case basis.  The Commission has
recognized the benefits of centralized operations for NCE stations, given their limited
funding, and thus found "good cause" exists to waive the main studio location requirement
where satellite operations are proposed.  Id.   A satellite station must, however,
demonstrate that it will meet its local service obligation to satisfy the Section 73.1125
"public interest" standard.  Id.

     Moody's request is based on the economies of scale which would be realized by
grant of its waiver.  We agree and conclude that there is "good cause" to waive 47 C.F.R. 
 73.1125(a)(4) in these circumstances.  Moody proposes to operate the Kalispell main
studio as a satellite of KMBI(FM), Spokane, Washington, approximately 150 miles from
Kalispell.  Where there is a great distance between parent and satellite stations, as here, we
are particularly concerned that the licensee take adequate measures to maintain its
awareness of the satellite community's needs and interests.  To that end, Moody has
pledged to: (1) retain a local Moody representative in Kalispell; (2) ensure that Moody
management employees pay periodic visits to Kalispell; (3) establish a Citizens Advisory
Board in Kalispell which shall meet at least twice a year with the general manager of
KMBI(FM); (4) announce on the Kalispell station that the Citizens Advisory Board
welcomes public participation at these bi-annual meetings; (5) include news insertions in
local broadcasts regarding Kalispell events; and (6) periodically broadcast public affairs
programming responsive to local issues of concern to the Kalispell community.  Moody
also indicates that it will maintain a public file for the new station in Kalispell and a toll-
free telephone number for its residents, as required by 47 C.F.R.  73.3527(d) and
73.1125(c), respectively.  In these circumstances, we are persuaded that Moody will meet its
local service obligations and thus, that grant of the requested rule waiver is consistent with
the public interest.

     Moody proposes to mount its antenna on an existing tower with a number of
proposed radio and television stations and a licensed FM translator station.  Pursuant to
OST Bulletin No. 65, October 1985, entitled, "Evaluating Compliance with FCC-Specified
Guidelines for Human Exposure to Radiofrequency Radiation," when persons have access
to the site, the transmitter power must be reduced or eliminated in order to comply with
Commission guidelines.  Where there are multiple contributors to radiofrequency radiation,
all stations are required to reduce power or cease operations as necessary to assure safety
with respect to radiofrequency radiation.  See Public Notice, August 19, 1992, Mimeo
24479.  We will specify an appropriate condition on the authorization.

     The application is otherwise in full compliance with the Commission's rules. 
Accordingly, we GRANT Moody Bible Institute of Chicago's request for waiver of 47
C.F.R.  73.1125, and we GRANT its application to construct a new, noncommercial
educational station in Kalispell, Montana, File No. BPED-941202MA.

     Grant of the application IS SUBJECT TO THE CONDITION that Moody Bible
Institute of Chicago, Inc., in coordination with all other users of its specified tower site,
reduce power or cease operations, as necessary, to protect persons having access to the site,
tower or antenna from radiofrequency radiation in excess of Commission guidelines.

                              Sincerely, 



                              Linda Blair, Acting Chief
                              Audio Services Division
                              Mass Media Bureau

Return to the Audio Services Division screen

Return to the Mass Media Bureau screen

FCC Home Page