In a letter released Monday (11/28) by Peter Doyle, Audio Division Chief of the FCC’s Media Bureau, dismissed a Petition for Reconsideration from an operator of a low-power FM station in Southern California’s Inland Empire region that claimed the Commission’s approval of another low-power station created interference issues.
The petitioner failed to follow through on one key FCC requirement, thus dooming its argument right from the start.
On Dec. 12, 2014, a construction permit was granted to Calvary Chapel of Redlands, which does business as Packinghouse Christian FWP.
On June 19, 2015, an application for a minor modification to lower its tower height from 72 feet to 50 feet above ground level at its current site was filed by Calvary Chapel.
Then, on June 20, 2016, the Commission granted Calvary’s license application for the station, KHSH-LP at 94.3 MHz in Redlands, Calif.
After one month on the air, Vida Abudante — licensee of KJVA-LP at 94.3 MHz in San Bernardino, Calif. — sought reconsideration based on co-channel interference.
According to signal contour maps, KHSH emits a signal primary over Redlands and eastern portions of San Bernardino. For its part, KJVA covers San Bernardino from a tower atop Shandin Hills, in the northern part of the city.
While the two signals may appear to intersect each other, Calvary notes the minor nature of the technical changes proposed in the 2015 Modification Application, which resulted in a decreased signal in the direction of KJVA-LP; It argues that Abundante had up to two and a half years to challenge that application and “did nothing.”
Calvary Chapel also argues that the petition was incomplete because a petition for reconsideration claiming electrical interference to an existing station must be accompanied by an affidavit of a qualified radio engineer, which Abundante’s petition did not present.
The FCC tossed Abundante’s petition expressly for this reason, noting, “Where a petition for reconsideration is based upon a claim of electrical interference to an existing station for which a construction permit is outstanding, such petition … must be accompanied by an affidavit of a qualified radio engineer.”
Accordingly, Doyle said, Abundante’s Petition is “procedurally defective and is dismissed.”
Even if the FCC were to consider the merits of Abundante’s petition, the FCC would deny it, Doyle added.
Why? “Abundante’s petition even acknowledges that KHSH-LP meets the LPFM spacing rules.”
