This document is saved at http://www.fcc.gov/mmb/asd/decdoc/letter/1997--01--08--kars.html

IMPORTANT NOTE:: This document was originally prepared in Word Perfect 5.1. If the original document contained special formatting, such as boldface or italics, that information is missing from this version. Footnotes will show up in the text as (FNnumber), with the footnotes being replicated at the end of the document. Spacing, margins, tabs, page numbers, etc. may be changed too. If you need the complete document, download the Word Perfect 5.1 version.

                    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.

ASD Decision Documents: Engineering, Legal, Commission, Combined List of Engineering and Legal Subjects

Jump to:
ASD Main Page, ASD Alphabetical Index, FCC Search Engine
Filing an Application, Application Information, AM, FM and FM Translators & Boosters, Decisions, Links Within FCC, Links to Outside the FCC

Mass Media Bureau -- Federal Communications Commission