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FM Broadcast Rules i 807
FCC 63-765
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
Wasutneton, D.C. 20554
In the Matter of : ;
Revision or FM Broapcasr Roures, PARTICU-
LARLY AS TO ALLOCATION AND TECHNICAL
STANDARDS om. Docket No. 14185
Petition of FM Unlimited, Inc., for
Changes in FM Station Assignment
Rules
SUPPLEMENT TO THIRD REPORT, MEMORANDUM OPINION AND ORDER
By THE Commission: COMMISSIONER Cox DISSENTING.
1. On July 25, 1963, the Commission adopted its “Third Report,
Memorandum and Order,” (FCC 63-785), finalizing a Table of FM
Assignments. The Table, as adopted July 25, contained an assign-
ment of Channel 243 to Battle Creek, Michigan, representing a con-
struction permit under which authority Station WELL-FM began
operating June 14, 1963.
2. On July 23, 1963,’ Southern Michigan Broadcasting Corpora-
tion, permittee of WELL-FM; filed a late pleading in this Docket
proposing a series of channel changes in Michigan. As grounds for
the requested: changes, Southern Michigan states that the operation
of WELL-FM on Channel 243 has been found to cause extensive
problems with the reception of television Stations WILX-TV and
WMSB, sharing time on Channel 10 at Onandaga, Michigan, owing
to inadequate selectivity on the part of many television receivers in
the area wherè WELL-FM is located. In order to resolve this prob-
lem by shifting WELL-~FM to some other frequency, the licensees
of WELL-FM and WILX-TV have worked out a plan with the
licensee of WSTR-FM,: Sturgis, Michigan, involving frequency
changes for both FM stations and for one other proposed assign-
metit.: The licensee of Station WSTR-FM would be reimbursed by
the otlier two parties for the expenses involved in making the change,
in an amount not to exceed $3960.00.
8. The type of “interference” mentioned herein to television recep-
tion from FM stations is essentially a problem of receiver design
and can usually be.corrected by the installation of wave traps at the
receiver. For this reason, “interference” to television service is not a
, 1 Because the final Table as adopted on July 25, 1963 was modified in many particulars
from the Table proposed ‘last December, the other modification in the plan submitted by
WELL-FM. is no. longer necessary, However, two -further modifications of unoccupied
assignments in the Table adopted July 25 would be necessary.
40 F.C.C.
808 Federal Communications- Commission Reports
factor ordinarily taken into account in the assignment of FM chan-
nels. In this particular case, however, where the parties have agreed
upon a relatively simple solution which will eliminate the necessity
of installing wave traps on many thousands of home television re-
ceivers, we believe that the channel changes suggested would serve
the public interest. Although the change of WELL-FM from Chan-
nel 243 to Channel 277 involves a “short-spacing” of approximately
5 miles to an adjacent channel station in Detroit, the spacing situa-
tion for WELL-FM on Channel 277 is actually better than on Chan-
nel 243, where WELL-FM was somewhat under minimum spacings
to both a co-channel and an adjacent channel station. The changes
adopted herein are subject, of course, to coordination with Canadian
authorities. oe
4. In view of the foregoing, and pursuant to the. authority con-
tained in Sections 4(i) and 303(r) of the Communications Act of
1934, as amended, /¢ is ordered, That the Third Report, Memoran-
dum Opinion and Order adopted July 25, 1963 (FCC 68-735), Zs
modified to the extent that the Table of Assignments contained in
Appendix A, Section 3.202(b), is changed with regard to the cities
named below (only), to read as follows:
Channel
City No.
Battle Creek, Michigan__..-_..--.-----..--.------------------- 277
Cadillac, Michigan_.___.- 225, 278
Sturgis, Michigan.._.--_. 257A
Columbia City, Indiana. 292A
5. It is further ordered, That, pursuant to Sections 303 (£) and 316
of the Communications Act of 1934, as amended, the following modi-
fications of license or permit are effected with the consent of the
licensees involved :
(a) The permit of Southern Michigan Broadcasting Corpora-
tion for Station WELL-FM on Channel 243 at Battle Creek,
Michigan, is modified to specify operation on Channel 277, sub-
ject to the condition that the licensee submit to the Commission
by September 11, 1963, all information necessary to comply with
the applicable technical rules, executed in triplicate, for the
preparation of the modified authorization to cover the operation
of Station WELL-FM on Channel 277 at Battle Creek.
(b) The license of Water Wonderland Broadcasting Com-
pany, Inc. for Station WSTR on Channel 276 at Sturgis, Michi-
gan, is modified to specify operation. on Channel 257 A subject
to the condition that the licensee submit to the Commission by
September 11, 1963, all information necessary to comply with
the applicable technical. rules, executed in triplicate, for the
preparation of the modified authorization to cover the operation
of Station WSTR on Channel 257 A at Sturgis. ~
6. It is further ordered, That, the above-named licensee and per-
mittee may continue to operate with their present authorization until
they are ready to commence operation.on the new frequencies in
accordance with the orders of modification herein; and that, upon.
40 B.C.C.
FM Broadcast Rules 809
completion of construction of their new facilities in accordance with
the terms of the modified authorizations, each licensee or permittee
shall submit, in triplicate, proof of performance measurement data
necessary to demonstrate compliance with the applicable technical
performance requirements of the rules of the type normally required
to be furnished in an application for an FM license, at least ten days
prior to the date on which it is desired to begin program operations
on the new frequency, with the proviso that program operations are
not to be commenced until specifically authorized by the Commission
after its evaluation and acceptance of such data.
FEDERAL Communications Comission,
i Ben F. Warre, Secretary.
40 F.C.C.