This document is saved at http://www.fcc.gov/mmb/asd/decdoc/letter/1998--10--16--kgac.html

 

                  FEDERAL COMMUNICATIONS COMMISSION
                        WASHINGTON, D. C.  20554
                                    
      IN REPLY REFER TO:
                                                              1800B3-ALM
October 16, 1998
                      
Todd M. Stansbury, Esq.
Wiley, Rein & Fielding
1776 K Street, N.W.
Washington, D. C.  20006

      Re:  Modification of Facilities of KGAC(FM), Saint Peter, MN (BPED-970203IC)

Dear Mr. Stansbury:

     The staff has under consideration the application of Minnesota Public Radio ("MPR")
to modify the facilities of noncommercial educational ("NCE") FM station KGAC(FM), Saint
Peter, Minnesota (File No. BPED-970203IC).  The application requests waiver of the
Commission's main studio requirement, see 47 C.F.R. § 73.1125, in order to operate
the Saint Peter station as a satellite of its NCE station KSJN(FM), Minneapolis, Minnesota. 
For the reasons set forth below, we shall grant MPR's application and its request for waiver.

      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.

     MPR'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.  MPR proposes to operate KGAC(FM), Saint
Peter, as a satellite of KSJN(FM), Minneapolis, Minnesota, approximately 50 miles from Saint
Peter.  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, MPR has pledged to: (1) continue
its policy that residents of each service area participate on a regional advisory council which
provides input to management on programming issues of interest to the residents throughout
MPR's service area, including Saint Peter; (2) continue its existing relationship with the
community of Saint Peter which has been established by means of membership in
KGAC(FM); (3) solicit comments from MPR members in Saint Peter concerning
programming and station operation; (4) maintain a local news reporter in Saint Peter who will
produce and broadcast local inserts of interest to Saint Peter and who will subscribe to local
and area publications and maintain ongoing relationships with community residents and
leaders, who will be periodically contacted regarding local events and developments;  (5)
maintain a toll-free telephone number for residents of Saint Peter to contact MPR
management in accordance with 47 C.F.R. § 73.1125(c); and (6) operate a site on the
World Wide Web which enables local residents to receive extensive information and comment
on MPR's programming.   

In granting a waiver of 47 C.F.R. § 73.1125(a), the Commission has required the
licensee of a satellite station to maintain the satellite station's public inspection file in the
community of license and in adopting modifications to its main studio and public inspection
file rules, the Commission stated that it was not altering its standards or practices with respect
to noncommercial educational stations proposing satellite operations.  See Report and
Order in MM Docket No. 97-131, 13 FCC Rcd 15691, 15695, n. 18 (1998). 
Accordingly, we shall expect MPR to maintain the public inspection file of KGAC(FM) in
Saint Peter.  In these circumstances, we are persuaded that MPR will meet its local service
obligations and thus, that grant of the requested waiver is consistent with the public interest.

     Accordingly, the application of Minnesota Public Radio to modify the facilities of 
KGAC(FM), St. Peter, Minnesota (File No. BPED-970203IC)  and its request for waiver of 
47 C.F.R. § 73.1125 to permit KGAC(FM) to operate as a satellite station of
KSJN(FM), Minneapolis, Minnesota ARE HEREBY GRANTED.  

                                        Sincerely,



                                        Linda Blair, Chief
                                        Audio Services Division
                                        Mass Media Bureau


______________________________________

Footnote:


Footnote 1:  In relevant part, Section 73.1125 requires each broadcast station to maintain a   
         main studio within the station's principal community contour.

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