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FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554 IN REPLY REFER TO: 1800B3-DJF January 8, 1997 William Bernton, Esq. 2 Mill Lane Yarmouthport, MA 02675 Re: KARS(AM); Belen, NM Experimental Authorization Guardian Communications, Inc. ("GCI") BPEX-960111AF Dear Counsel: The staff is considering the above-captioned application filed by GCI to request authority to operate an experimental synchronous transmitter.(FN1) For the reasons below, we require GCI to file a corrective amendment before the application can be processed further. Information Necessary to Process the Application Not Supplied Because the experimental authorization application does not contain some essential information required by Part 74 of the Commission's Rules, the staff is unable to process the application. However, we will permit GCI to amend its application to provide the required information thereby correcting the discrepancies listed below. 1. Description of Research and Experimentation and Purpose of Experiment not Supplied Experimental broadcast authorizations of the type requested here are issued under Subpart A of Part 74 of the Commission's Rules. Section 74.102 of the Commission's rules specifically states that an experimental authorization will be issued only "for the purpose of carrying on research and experimentation for the development and advancement of new broadcast technology, equipment, systems, or services which are more extensive or require other modes of transmission than can be accomplished by using a licensed broadcast station under an experimental authorization. (See 73.1510.)" 47 CFR 74.102. In order to ensure that the experimental authorization is utilized for the advancement of broadcast technology, the Commission requires that the applicant make a satisfactory showing of compliance with the general requirements of the Communications Act of 1934, as amended. It must also make, inter alia, the following specific representations, contained in 47 CFR 74.131(a): (1) That the applicant has a definite program of research and experimentation in the technical phases of broadcasting which indicates reasonable promise of substantial contribution to the development of the broadcasting art; and * * * (4) That the program of research and experimentation will be conducted by qualified personnel. Our review of GCI's proposal reveals that the application contains neither the required program of research and experimentation nor any specifics on who will oversee and evaluate the proposed experimental synchronous operation. Without this information, we cannot conclude that the proposal demonstrates a "reasonable promise of substantial contribution to the developments of the broadcasting art." 2. Required Supplementary Statements not Supplied Section 74.112 of the Commission's rules requires that applications for experimental authorization contain supplementary statements to acknowledge the following: (a) All operation upon the frequency requested is for experimental purposes only. * * * (d) Any frequency which may be assigned is subject to change without advance notice or hearing. (e) Any authorization issued pursuant to the application may be cancelled at any time without notice or hearing. (f) Compliance with the Commission's environmental rules is required if approval of the experimental broadcast station may have a significant environmental impact. See 1.311. GCI's application did not contain these pertinent affirmations. 3. Programming and Payment Matters - Waiver Request Necessary Experimental stations may transmit only when experimentation is being conducted and may not ask for or receive any payment, directly or indirectly, for the production of any programming nor information used for experimental broadcast purposes. See 47 CFR 74.182. Thus, absent waiver, GCI would not be permitted to broadcast its regular KARS programming using the proposed experimental facilities, and it would not be able to receive compensation for or profit from the programming which it might transmit over those facilities. Cf. Ponce Television Corporation, 1 FCC Rcd 1167 (1986), and International Expo Information Broadcasters, Inc., 89 FCC 2d 1374 (1982). However, please note that the Commission would look favorably on a request for waiver of 74.182 in light of the Memorandum Opinion and Order in MM Docket 87-6, 4 FCC Rcd 591 (1989). In the Memorandum Opinion and Order, the Commission concluded that due to the uncertainties of transmitter synchronization technology present at that time, the Commission's rules would not be amended to authorize the use of multiple synchronous transmitters by AM broadcast stations. In reaching this conclusion, the Commission stated that it would continue to authorize experimental facilities to explore ways to derive the maximum possible benefits from transmitter synchronization technology. 4. Experimental Operations are Temporary Please note that experimental operations are intended to be temporary. Licenses are granted for an operating period of one year. Should a licensee wish to continue operations beyond the one year period, an application for renewal of license must be filed. The renewal application must contain a report providing details and progress of the experimental operation. See 47 CFR 74.130. Based on the information contained in the report, the Commission will determine if the renewal of license should be granted. Once GCI has successfully completed its program and reached the experimental conclusions, the authorization would not be renewed. Further Action on the Application Further action on the application will be withheld for a period of thirty (30) days from the date of this letter to provide GCI an opportunity to submit the required information. Failure to respond within this time period will result in the dismissal of the application pursuant to 47 CFR 73.3568(b). Amendments must be submitted to the Office of the Secretary in triplicate and signed by an officer of Progressive Broadcasting, Inc. Sincerely, Dennis Williams Assistant Chief Audio Services Division Mass Media Bureau cc: Vir James, PC ____________________________________________ (FN1) GCI used FCC Form 301, application for construction permit, to request authority to construct the experimental facility. Pursuant to 47 CFR 73.3500, applications for authority to construct experimental facilities are to be filed on FCC Form 309. However, because all the information required by FCC Form 309 can be found in GCI's application, we will not require resubmission of the application on Form 309.