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FCC 90-27
Federal Communications Commission Record
5 FCC Red No. 2
AE ERE
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Allocation of the 50-54 MHz
Frequency Band for a New FM
Broadcast Service
ORDER
Adopted: January 18, 1990; Released: January 25, 1990
By the Commission:
1. Before the Commission is an Application for Review
filed by Radio New Jersey (RNJ) on May 17, 1989.1 RNI
requests that the Commission review staff actions that
dismissed a Petition for Rule Making filed by RNJ on
January 5, 1989. In that petition, RNJ requested
reallocation of the 50-54 MHz frequency band from the
amateur radio service to a new FM broadcast service, to
be known as "FM2." RNJ argued that this new broadcast
service is needed to provide relief for day-time only AM
stations, limited time and low power AM stations, and
certain low power FM stations.
2. RNJ’s Petition for Rule Making was dismissed by the
Commission’s Chief Engineer in a letter of February 15,
1989. The dismissal indicated that RNJ had failed to
consider adequately important issues concerning the im-
pact its proposal would have on amateur radio commu-
nications, both domestically and internationally, and
therefore did not warrant consideration by the Commis-
sion. RNJ filed a Petition for Reconsideration of the
dismissal on March 17, 1989, arguing that the Chief En-
gineer’s dismissal reflected incorrect assumptions and
analyses. The Chief Engineer denied RNJ’s Petition for
Reconsideration in a letter of May £9, 1989, again indicat-
ing that RNJ had not adequately addressed the amateur
issues, In its Application for Review, RNJ requests that
the Commission accept the Petition for Rule Making and
request public comment on the proposed reallocation of
the 50-54 MHz band for an FM2 broadcast service.
3. Upon examination of RNJ’s Petition for Rule Mak-
ing, Petition for Reconsideration. and Application for Re-
view, we agree with the Chief Engineer's previous
findings in this matter. RNJ has presented no new ar-
guments or information to persuade us that its proposal
for reallocating the 50-54 MHz band from the amateur
radio service to a new broadcast service warrants consider-
ation. In particular, the petitioner has not provided a
Satisfactory demonstration that amateur operations at
50-54 MHz could be accommodated elsewhere in the
spectrum or that broadcast operations in this band would
not cause interference to international amateur commu-
nications. We therefore affirm the staff decisions. Accord-
ingly, pursuant to Section 1,115(g) of the Commission's
rules, 47 C.F.R. Section 1.115{g), Radio New Jersey's
Application for Review IS DENIED.
512
FEDERAL COMMUNICATIONS COMMISSION
Donna R. Searcy
Secretary
FOOTNOTE
l RNJ is the licensee of WRNJ-AM, a 2.5 kW AM day-time
only radio station located in Hacketstown, NJ.