. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In reply refer to:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800B3-MFW

Russell C. Powell, Esq.
Taylor Thiemann & Aitken
908 King Street, Suite 300
Alexandria, VA 22314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In re: New Noncommercial Educational FM Station
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grand Gorge, NY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sound of Life, Inc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . File No. BPED-950131MB

Dear Mr. Powell:

The staff has under consideration the above-referenced application by Sound of Life, Inc. ("SOL") for a new noncommercial educational FM ("NCE-FM") station in Grand Gorge, New York. SOL requests waiver of the Commission's main studio requirements, see 47 C.F.R. §73.1125, in order to operate the Grand Gorge station as a "satellite" of its NCE-FM station WFGB(FM), Kingston, New York. For the reasons set forth below, we waive Section 73.1125 and grant SOL's application.

Section 73.1125(a) requires that each broadcast station 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 1130, 3 FCC Rcd 5024, 5025 (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-FM applicant seeking to operate a satellite station is considered on a case-by-case basis. The Commission has recognized the benefits of centralized operations for NCE-FM stations, given their limited funding, and thus has found that "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.

In its waiver request, SOL indicates that Grand Gorge, New York (pop. 950) and the surrounding area in the western Catskill Mountains are sparsely populated and cannot support the cost of equipment, staff, and day-to-day operation of a studio in compliance with Section 73.1125. SOL suggests that it can provide the community's first local service via operation of a satellite station, and states that it can meet its local service obligations to Grand Gorge residents by: (1) conducting semi-annual ascertainment surveys of the needs and interests of the community by soliciting the opinions of at least 100 residents; (2) seeking advice and comments from Grand Gorge residents using a mailing list of station supporters; (3) maintaining a toll-free telephone line between Grand Gorge and the WFGB(FM) studio in Kingston (as required by 47 C.F.R. §73.1125(c); and (4) "mak[ing] every effort" to place one or more knowledgeable Grand Gorge residents on its listener advisory board.

In these circumstances, we are persuaded that SOL will meet its local service obligations, and we conclude that grant of the requested rule waiver is consistent with the public interest. Additionally, we find that SOL's application otherwise fully complies with the Commission's rules. Accordingly, the request by Sound of Life, Inc. for waiver of 47 C.F.R.. §73.1125 and its application for a new noncommercial educational FM station in Grand Gorge, New York ARE GRANTED.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sincerely,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Linda Blair, Chief
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audio Services Division
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass Media Bureau


cc: Sound of Life, Inc.