WPC 2MBER ZCourierw Roman X-#XP\  P6Q XP#HP LaserJet 4M (PCL)HPLA4MPC.PRSx  @\a{X@|D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd3|jw RomanHPLA4MPC.PRSXj\  P6G;\a{XP2&9E:CourierTimes New RomanLetter Gothic\  P6G;XP#3|wCourierTimes New RomanLetter GothicLetter Gothic BoldBold) (TT)Courier (W1)Courier (W1) (Bold) X-#XP\  P6Q DXP#2NK XK K CourierTimes New RomanLetter GothicLetter Gothic BoldTimes New Roman Bold,, X@"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lCdYddCoCCCYYFdCNC2Cdddd(dC7dqCdPn<dYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd<?xxx,>fx6X@`7X@N7jC:, Xj\  P6G;XP, :www,w H@7@j :www,&uw `7CCddCdC8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""fx6X@`7X@N7jC:, Xj\  P6G;XP , :www,w H@7@j :www,&uw `7, l#HHH,TH H@7@<R&HHH,D,H6X@`7h@<r5ddd,sd6X@`7@Oy.X80,IX\  P6G;P , 1ccc,!c H@7S@P7nC:,9Xn4  pG;XQW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,PIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSx2 X-#Xj\  P6G; XP#  0 APPENDIX ă On June 5, 1996, the Garden filed a "Motion to Hold Proceeding in Abeyance" for 60 days to enable Fordham and the Commission to examine an "aesthetically appropriate alternative site" on the Garden's property for the modification of WFUV's facilities. The proposal specified a 200foot ornamental bell tower to be constructed on the Garden's grounds, upon which Fordham could mount the WFUV antenna. In this pleading and the attached declaration from John E. Rorer, Executive VicePresident of the Garden, the Garden predicts that transmitting from atop such a tower would provide WFUV between 91 and 93 percent of the currently authorized coverage. The Garden supports this prediction with a notarized declaration from its engineering consultant stating that the consultant had performed "preliminary engineering coverage assessments" from various sites on the Garden's property, assuming an effective radiated power of 50 kW and a ground elevation of 18.3 to 39.6 meters above mean sea level. On June 14, 1996, Fordham opposed the Garden's motion, arguing that: (1) the Garden's hypothetical proposal provides little or no supporting engineering documentation upon which to base an examination; (2) according to Fordham's own engineering consultant, use of such a  Xy-tower would result in "massive losses" of proposed audience to WFUV;SXyZ yO-#X\  P6G;IP#э Fordham states that these losses would amount to: "almost 120,000 people in the noncommercial educational white area; a 29% audience loss in the New York City borough of Queens; a 267% loss in Nassau County; and a 27% loss in Kings County." Opposition, at 3.S and (3) the construction of such a tower, even if technically feasible, "would result in years of additional delay, require legislative and local regulatory action, and involve enormous additional cost to  X4-the University . . . all to achieve a significant degradation of service...." Id. On July 1, 1996, the Garden filed a Reply to Fordham's opposition. In this pleading, the Garden supplies the coordinates, as well as the site elevation AMSL, of a specific site on the Garden's grounds. It also supplies detailed engineering information, including a prediction of the hypothetical facility's 1 mV/m service contour and radiofrequency ("RF") radiation exposure information, regarding a proposed structure to be located on the Garden's grounds. The Garden also suggests, and submits engineering data for, an additional possible site atop  X-Keith Plaza, a 29story highrise several blocks from the Fordham campus. Z yO,-#X\  P6G;IP#э The Garden submits an affidavit from one of its attorneys, Denis O'Connor, to the effect that MontereyCarmel Communications Corporation, which has the authority to lease space on the roof of Keith Plaza to communications users, has indicated that it would make space available to Fordham for a 50kW WFUV transmission facility. In a letter dated August 22, 1996, counsel for Fordham briefly summarized the pending matters, urged prompt action on the entire WFUV environmental matter, and submitted the following specifically with respect to the Garden's Keith Plaza proposal: (1) the RF radiation tolerances at the Keith Plaza site proposed by the Garden are "less than Fordham believes prudent for a new transmission facility"; (2) the Garden's coverage prediction projections are "unrealistically high"; (3) the Bronx Zoo has already advised the Commission that it would strongly oppose such a site; and (4) assuming the site were available, its use would require a special permit from the New York City Board of Standards and Appeals and likely would" 0*0*0*" require a full Environmental Impact Statement. Fordham's counsel concludes that the Keith Plaza site would simply recommence the entire environmental process in a new forum. The Garden supplemented its Motion on October 29, 1996. In this pleading, it admits that further investigation revealed that the cost of an ornamental bell tower on Garden grounds would be prohibitively expensive; however, it proffers as a "compromise" a "flagpole"style antenna tower which could be located on the Garden's property (or other appropriate sites) at a lower total cost than the projected cost of Fordham's authorized and partially constructed tower. The Garden prepares engineering documentation supporting three specific sites: (1) at the location previously specified for the ornamental bell tower; (2) on Fordham's campus near the main automobile entrance (the opposite end of campus from the Garden); and (3) around the Hillview Reservoir in Yonkers, New York. According to the Garden, suspending the WFUV(FM) antenna between two 145foot "flagpoles" at these locations will provide a total coverage amounting to 93%101% of the population covered from WFUV's authorized facilities. The Garden states that its proposal is "aesthetically pleasing, technically viable, and  X -economically sound."X  yO -#X\  P6G;IP#э In this pleading, the Garden also avers that Fordham's rejection of its reasonable site alternatives suggests  yO-that Fordham desires to use the tower for commercial purposes, i.e., to lease space on the tower to secondary users for commercial gain. This allegation is irrelevant to the issue at hand and requires no further discussion. On November 5, 1996, Fordham filed an opposition to the Garden's October 29 supplement. Fordham initially states that, as with the sites suggested in its original Motion to Hold  XK-Proceedings in Abeyance" and Reply, the Garden filed the engineering proposal sua sponte without consulting with Fordham. It also includes a statement from its consulting engineer that "the placement of the antenna between two steel poles will affect the antenna pattern" such that the theoretical coverage projections submitted by the Garden "grossly overstate" the coverage actually achievable. Fordham states that the flagpole proposal will leave WFUV with no more than its present, inadequate, coverage, and it would have similar RF radiation exposure concerns. Additionally, it states that the estimated $1 million cost of the flagpole tower must be considered in light of the $750,000 Fordham has already spent in constructing its tower, plus the additional $650,000 which Fordham estimates would need to be spent on  X|-"associated planning and construction."| yO-#X\  P6G;IP#э Fordham also indicates that the Hillview Reservoir site in Yonkers is unavailable because site use is limited to waterrelated projects; Fordham states that its inquiries have been rejected. Fordham claims that the serial submission of alternate sites amounts to nothing more than dilatory tactics on the part of the Garden, and it urges the Commission to issue immediate favorable action on the underlying environmental issue. Finally, on November 7, 1996, the Garden submitted a "Reply" to Fordham's November 5 opposition. In this pleading, the Garden states that it is not asking the Commission to approve any of its alternate site proposals, but merely to demonstrate that Fordham "has not exhausted all reasonable alternatives to its present tower and site...." The Garden reiterates that WFUV's coverage with the flagpolestyle antenna from the three specified sites would" @0*((" reach between 93% and 101% of the population covered from Fordham's authorized tower, and it asserts that operation with the authorized 50 kW from any of the proposed sites would comply with the Commission's current RF radiation guidelines. Finally, with respect to Fordham's concerns regarding the extra costs involved in constructing the flagpole antenna tower above those already incurred, the Garden "reiterates its previous assurances to Fordham that it will do its utmost to assist Fordham's fundraising efforts" and has "previously identified an anonymous donor who [is] willing to provide major financial assistance to Fordham."