This document is saved at http://www.fcc.gov/mmb/asd/decdoc/letter/1998--10--22--newRI.html

  

                                     
                 FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                                                                           In  Reply Refer to:  
   
                                                                   1800B3-MFW
October 22, 1998
                            
Northern Rhode Island Public Radio Broadcasting
4 Canal Street
Westerly, Rhode Island  02891

                                             In re: NEW, Noncommercial Educational FM 
                                                         Station, Coventry, Rhode Island  
                                                    File No. BPED-980302MA

Dear Applicant:

This letter refers to the captioned application of Northern Rhode Island Public Radio
Broadcasting ("NIPR") for a new noncommercial educational FM station at Coventry,
Rhode Island.  In order to continue processing the proposal, the staff requires additional
information. (Footnote 1.)

First, the Commission's Rules specifically authorize applications to "share time" with
noncommercial educational FM stations that do not operate 12 hours per day each day of
the year.  Such applications proposing share-time operation may be filed at any time, but
"in cases where the parties are unable to agree on time-sharing, action on the application
will be taken only in connection with the renewal application for the existing station."  47
C.F.R. §73.561(b).  NIPR's application here is timely filed and is to be considered in
connection with the license renewal application of station WCVY(FM), Coventry, Rhode
Island (File No. BRED-971218YA). (Footnote 2.)

Nevertheless, subsections (b)(1) and (b)(2) of Section 73.561 indicate that: (1) the licensee
and prospective licensee shall endeavor to reach an agreement for a definite schedule of
periods of time to be used by each; or (2) if the licensee and prospective licensee are unable
to agree on a division of time, the applicant proposing share-time operation must so notify
the Commission.  NIPR's application contains no description of any negotiation with
Coventry Rhode Island Public Schools, the WCVY(FM) licensee.  NIPR must therefore
submit an amendment describing in detail any negotiations with the WCVY(FM) licensee,
and it must describe what, if any, agreement was reached regarding a proposed schedule of
operation.

Second, on May 19, 1998, NIPR filed an amendment changing its name (from "Rhode
Island Public Radio, Inc." to "Northern Rhode Island Public Radio Broadcasting") and its
board of directors.  The amendment indicates that Steven J. Karneeb was voted off the
board of directors for Rhode Island Public Radio, Inc., and then the organization "divided
and formed the new corporation, Northern Rhode Island Public Radio Broadcasting."  The
original application specified 10 members of the applicant's governing board, four of whom
were also officers of the corporation; (Footnote 3)  the amendment lists only three directors
for NIPR, only one of whom was listed in the original application, Christopher DiPaola.
(Footnote 4.)  In order for the staff to determine whether or not the May 19 amendment
would be classified as a "major amendment" requiring that NIPR's proposal be assigned a
new file number under Section 73.3573(b), NIPR must provide a complete listing of all
officers, directors, and members of the governing board (if applicable) for NIPR.  

Therefore, NIPR should submit an amendment containing the entirety of Section
II of FCC Form 340 for NIPR.  This will enable the staff both to determine
whether or not the May 19 filing constituted a major amendment and to determine
whether NIPR, as opposed to Rhode Island Public Radio, Inc., is qualified to operate a
noncommercial educational FM station.

These amendments should be filed in triplicate with the office of the secretary and signed
in the same manner as the original application.  The amendments must be filed within 30
days of the date of this letter.  Failure to file the requested amendments within this time
frame will result in dismissal of NIPR's proposal pursuant to 47 C.F.R.§73.3568(b).

                                                    Sincerely,

                                                    ( Michael F. Wagner for )


                                                    Linda Blair, Chief
                                                    Audio Services Division
                                                    Mass Media Bureau

cc:    Mark A. Johnsen-Harris
       Coventry Rhode Island Public Schools



_____________________________________

Footnotes:

Footnote 1:  On May 20, 1998, The Wheeler School, licensee of
noncommercial educational FM station WELH-FM in Providence, Rhode Island, filed a
petition to deny the Coventry application.  The information requested here is independent
of any response, timely or untimely, that NIPR has filed or will file relating to that
petition. 


Footnote 2:  Under 73.3615(e)(1) and 73.561(b), NIPR's share-time application
was to be filed no later than the 90th day after release of the Commission public notice
announcing the acceptance of the WCVY(FM) license renewal application.  Public Notice
was released on December 30, 1997. NIPR's filing of the subject application on Monday,
March 2, 1998 is timely.  See 47 C.F..R. §1.4.

Footnote 3:  The application lists the following principals: (1) Christopher
DiPaola, President and board member; (2) Steven Joseph Karneeb, Vice-President and board
member; Angela Urso, Secretary and board member; and Elaine Champlin, Treasurer and
board member.  It also lists the following additional members of the corporation's
governing board: Richard Champlin, Thomas DiPaola, Nadine DiPaola, Samuel Urso, Vito
DiPaola, and Leo Manfred.

Footnote 4:  The amendment states that "Northern Rhode Island Public Radio
Broadcasting's directors are Francis Parisi, Vincent Buono, and Christopher DiPaola."



 

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