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                   FEDERAL  COMMUNICATIONS  COMMISSION
                            1919 M STREET  NW
                          WASHINGTON  DC  20554
                               April 7, 1998
MASS MEDIA BUREAU                                           PROCESSING ENGINEER:  Dale Bickel
AUDIO SERVICES DIVISION                                            TELEPHONE:  (202) 418-2720
TECHNICAL PROCESSING GROUP                                         FACSIMILE:  (202) 418-1410
APPLICATION STATUS:  (202) 418-2730                                        MAIL STOP:  1800B3
HOME PAGE:  www.fcc.gov/mmb/asd/                            INTERNET ADDRESS: dbickel@fcc.gov
                                       


Rev. Alberto Acosta
Radio Amor, Poder y Gracia
910 E. Martin Luther King Boulevard
Tampa, Florida   33603

                                In re:  Unlicensed FM Station; Tampa, Florida
                                           Rev. Alberto Acosta
                                           Request for Special Temporary 
                                    Authorization  
Dear Rev. Acosta:

This letter is in reference to your request for Special Temporary Authorization ("STA")
filed on February 26, 1997 for operation of a low power radio broadcast station on 90.1
MHz with "less than 10 watts" of power and an antenna height of less than 120 feet.  You
note that the station had been operating without Commission approval for approximately
four months without receipt of a complaint of interference, until the FCC's Tampa field
office personnel ordered the station to cease operations earlier this year.  You state that
operation of the low power station would "serve the public necessity and need" and
conclude that your request is unique.  You make your proposal in the form of an STA
request because the Commission currently does not authorize licenses for this type of
service.  For the reasons set forth below, we will deny the STA request.

Initially, we note that the Commission receives similar inquiries from persons wanting to
operate a low power station nearly every day.  Many of those who call or write cite the
same reasons expressed in your STA request -- no interference, no complaints, proper
maintenance, and community service.   Consequently, your request is far from unique.
 
A station operating with the level of power you have specified would be classified as a
Class D broadcast station.  Because the Commission no longer allows the licensing of new
Class D FM stations under Part 73 of the Commission's Rules, the STA request seeks
authorization pursuant to 47 C.F.R. §15.7(a).  That rule provides for special
temporary authorization in exceptional situations where (1) the operation does not conform
to Part 15 of the Commission's Rules; (2) the operation would be a unique type of station
that cannot be established as a regular service, and (3) the proposed operation would serve
the public interest.

We find that the STA request cannot be granted because it fails to demonstrate the
existence of an "exceptional situation" meeting the requirements of Section 15.7(a).  We
note in particular that, although the subject STA request asserts that the proposed
operation would be in the public interest, it does not include any showing to support this
assertion.  To the contrary, in 1978 the Commission examined the issue of low power 10
watt or Class D stations.  In that rule making proceeding, which included an opportunity
for public comment, the Commission found that low power stations were becoming a
hindrance to the orderly development of the noncommercial educational FM band.  The
need to protect the small service areas of Class D stations precluded the establishment of
larger stations which could serve a greater population and area with greater efficiency. 
Therefore, the Commission decided that it would not authorize new FM stations with
effective radiated powers of less than 100 watts (the minimum power required for a Class A
station).   Changes in the Rules Relating to Noncommercial Educational FM Broadcast
Stations (Second Report and Order), 69 FCC 2d 240 (1978), reconsideration
denied, 70 FCC 2d 972 (1979).  See also 47 C.F.R. § 73.512(c).

The Commission reexamined the question of low power radio stations in 1990 in the
context of a notice and comment rule making proceeding in MM Docket No. 88-140.   In
that rule making proceeding, the Commission considered public comments suggesting that
low power FM translator stations should be permitted to originate their own programming. 
(A translator station is essentially a low power repeater station which rebroadcasts the
service of a full service station on a different frequency.)  In that proceeding, most
commenters agreed that the Commission should continue to prohibit the broadcasting of
original programming from translator stations, because allowing original programming
would likely lead to a vast increase in the number of translator stations and degraded FM
service due to increased interference.  Amendment of Part 74 of the Commissions Rules
Concerning Translator Stations, 7 FCC Rcd 7212 (1990); reconsideration denied
in pertinent part, 8 FCC Rcd 5093 (1993). 

In light of these two rule making proceedings, any public interest showing regarding a
proposed station operating with the facilities specified in the STA request would, therefore,
have to meet a very high threshold to warrant grant.  You have not met that burden here.

Moreover, the Communications Act expressly limits the grant of STA's for a period of not
more than 180 days.  Thus, an STA request is not valid as a request for permanent
authorization.  As set forth above, there are no "extraordinary circumstances requiring
temporary operations in the public interest" nor have you shown that "delay in the
institution of such temporary operation would seriously prejudice the public interest." 
See 47 U.S.C. § 309(f).   Tampa is currently well served by eleven
 full-service radio broadcast stations.  Consequently, if you wish to obtain authorization for
a radio broadcast station, you must file a completed construction permit application on
FCC Form 340 (completing all the technical and legal information), requesting an
appropriate waiver as necessary, and receive grant of the construction permit before any
construction or broadcast operations may commence.

Consequently, your request for Special Temporary Authorization for a low power FM
radio broadcast station IS DENIED.   I have enclosed two Information Sheets, "How to
Apply for a Broadcast Station" and "Low Power AM and FM Broadcast Radio Stations",
for your information, along with a construction permit application on FCC Form 340.

Alberto Acosta has no authority to operate an FM radio station in the manner proposed in
the request for an STA.  Additionally, any operation that occurred during the pendency of
the subject request and application was unauthorized.  A copy of this letter is being
forwarded to the Commision's Compliance and Information Bureau for whatever action it
deems necessary in this matter.

This is a staff action not subject to judicial review.  If you wish to appeal this action, you
may file an application for review by the full Commission under 47 C.F.R. §1.115. 
If the Commission upholds this action, you may file an appeal with the United States
Court of Appeals for the District of Columbia Circuit pursuant to 47 U.S.C.
§402(b)(1).  In addition, you may wish to file comments in response to one or both
of the petitions for rule making pending before the Commission regarding low power
broadcast stations.  See Public Notice, Rule Making No. 9242 (February 20,
1998); Public Notice, Rule Making No. 9208 (February 5, 1998).  See
also 47 C.F.R. §1.401.  
  

                                    Sincerely,

                                    [ signed Peter H. Doyle for ]


                                    Dennis Williams
                                    Assistant Chief
                                    Audio Services Division
                                    Mass Media Bureau   

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