WPC14 2BJZ Courier3|j :Wx6X@`7X@HP LaserJet 4M (PCL)HPLA4MPC.PRSx  @\;"IlX@26 ZF E3|j HP LaserJet 4M (PCL)HPLA4MPC.PRSx  @\;"IlX@CourierArial BoldTimes New RomanTimes New Roman BoldCourier Bold2v K!tlKK+ "i~'^09P]]x/99?a/9//]]]]]]]]]]99aaagxxxxngx/]xgxpxngxnnng9/9a]/]g]g]9gg//]/gggg?]9g]]]S?/?a9/aa999/999999]9g/x]x]x]x]x]x]n]n]n]n]////////xgggggxgxgxgxgn]x]xgggn]xgngx]x]x]x]x]xax]xxn]n]n]n]gggggxgxg//9g99/g]aax]g/g?g9gPg/xguxgxgggx?x?x?n]n]n]nagPg9gaxgxgxgxgxgxgnagSgSgSxgg9xgn]g9n]x0S]%(%WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNK"i~'^IU}}UUU}AUAF}}}}}}}}}}UU}봥_}åÛôUFU}U}nnU}FUFҌ}n_U}}}nd7dUAUUUAUUUUUU}UF}}}}}nnnnn]F]F]F]F}}}}}}}}}}}}}nnnnnnn}}}Â}ÌÑ_F__U_ˌÌFqUdF}}nnn___UnnnU_U}A}}SDSWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNZZ}U}}}}}}KU}KU}KUU}}}VV}}ZZЌU}}K"}}}"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNfx6X@`7X@  P'^80,S^2pPG;Q:SI,;52pPG;y.X80,IX\  P6G;PDSI,!S\  P6G;PRDSI,#4  pG;Sy.\80,# [\4  pG;Ua$G,',YG\  P6G;PTa$I,',#II4  pG;s4ddd,8Ρd `7 [*PPP,8wMP `7<n2```,}`6X@`7@ n2```,8` `7?xxx,8x `7X<^,6X@`7@^,8| `7<R&HHH,D,H6X@`7h@V7jC:, Xj\  P6G;XPWt,U5.,U\  P6G;PXt,X5.,#\\X4  pG;Y7nC:,#Xn4  pG;X[RdW, \  P6G;PZRdW,#L4  pG;W!@(#,9h@\  P6G;hP6nW 82/4 [4 #d2p}wCS# FEDERAL COMMUNICATIONS COMMISSION h WASHINGTON, D. C. 20554   aEQ\#]\  PCIP# ` `  hhCqpp  *IN REPLY REFER TO:  s44#d `K #` `  hhCqpp  * 1800B3ALM  X4# Xj\  P6G; XP# X` hp x (#%'0*,.8135@8:fX@#O and no written statement has  xbeen filed within the time specified in the order to show cause, the licensee will be deemed to  xconsent to the modification as proposed in the order to show cause and a final decision will be  xissued by the Commission accordingly. The burden of proving that the license modification  X 4 xwould meet the criteria listed in 47 U.S.C.  316(a) is on the party initiating the order. See  X 4Eastern Michigan University 29 RR2d 1120, 1123 (1974).  xpAt the outset, we emphasize that the Commission has historically been reluctant to issue a show  xcause order which modifies a station license. An applicant seeking an order to show cause must  XK4 xydemonstrate a compelling public interest for the action sought. For example, in the Order To  X44 x Show Cause in re application of Santa Fe Community College (BPED850514MA), released May  x12, 1987 (copy attached), the petitioner, Santa Fe Community College ("SFCC"), clearly  x"demonstrated that, absent intervening Commission action modifying the license of KUNMFM,  xqAlbuquerque, New Mexico, it would be unable to submit an acceptable application for  xconstruction permit for the city of Santa Fe. Petitioner further represented: (i) there were no  xnoncommercial, educational FM stations operating in Santa Fe, the state capital of New Mexico;  xR(ii) the signal of KUNMFM underserved the population of Santa Fe; and (iii) there were no  xother frequencies which could be utilized in Santa Fe without causing objectionable interference.  X|4 x3 Lastly, SFCC was able to assist the Commission by securing an agreement from the Albuquerque  Xe4 xstation consenting to the frequency modification of its license. Thus, the Commission's action  xin the Santa Fe proceeding modifying the license of KUNMFM, enabled the city of Santa Fe, the state capital, to have its first, local noncommercial, educational FM station.  xzIn applying the precedent set in Santa Fe, we find that Cabo Rojo also has no local  x<noncommercial, educational FM radio station and that no frequency is available for use in Cabo Rojo that would not cause objectionable interference in violation of 47 C.F.R.  x 73.507. However, in contrast to Santa Fe, Cabo Rojo is not a state capital and has significantly  xless population than Santa Fe. According to the 1990 U.S. Census, Santa Fe has a population  xpof 55,859 and Cabo Rojo 10,131. Additionally, only a small portion of Santa Fe received service  xfrom a noncommercial, educational radio station from another community, whereas Cabo Rojo  xcurrently lies within the protected service contours (1 mV/m) of WVID(FM), Anasco, Puerto  xVRico, WEUCFM, Ponce, Puerto Rico and WZGX, San German, Puerto Rico. Finally, in Santa"Q%00*0*0*#"  X4 x&Fe, the party seeking the order to show cause had secured an agreement from the station required  xto change frequency stating that it would not oppose the modification of its license. In the instant  xproceeding, the Request is predicated upon the parties' inability to resolve their differences  xwithout Commission intervention. Therefore, we find that the public interest showing set forth  xRby Family is insufficient to warrant the issuance of an order to show cause and, accordingly, Family's Request will be denied.  x/Nonetheless, engineering analysis of Family's proposal for WVID's operation on Channel 211B  xreveals it to be technically acceptable. Accordingly, the parties may wish to continue their efforts  xVto negotiate an agreement under which WVID(FM) would change frequency to Channel 211B.  x"Pursuant to this arrangement, Central Colegial would file an application to change frequency to  xuChannel 211B and would be placed on an "A" cutoff list in accordance with 47 C.F.R.   x73.3573(3). Subsequently, if the Commission granted Central Colegial's application, Family  xcould file an application for its proposed new station in Cabo Rojo after WVID(FM) commences  X 4operation on Channel 211B.h E  O74ԍ#X\  P6G;IP#Any application by Family for a Channel 215B new station in Cabo Rojo, filed prior to the grant of WVID(FM) Channel 211 B covering license application would conflict with WVID's authorized facilities, and  yO'would be subject to dismissal as a contingent application. See 47 C.F.R.  73.3517.#x6X@`7>fX@#Ѵ  X4 x CONCLUSION. In view of the above, the instant "Request for Declaratory Ruling and Order  xpto Show Cause" for WVID(FM), Anasco, Puerto Rico filed by Family Aid Broadcast Center IS  xVHEREBY DENIED and its application for a new FM station on Channel 215B in Cabo Rojo IS HEREBY RETURNED for violation of 47 C.F.R.  73.509.  X4 %%Sincerely,  X4 %%Linda Blair, Chief  X4  Audio Services Division  X4 Mass Media Bureau#x6X@`7>fX@#  Xe4#Xj\  P6G; XP#  X74cc: WVID(FM)#x6X@`7>fX@#