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47 CFR 73.239

C

ChiefEngineer

The Commission has a Rule that will not allow a broadcaster to deny space to another Licensee. Well, they can but their license cannot be renewed.

Tower isn't overloaded. 10 foot face tower with Fm and STL/RPU licensed facilities. Licensee (AM/FM owner in Kentucky) refuses to negotiate for use of space. Filed a Petition To Deny against group who has lease for use of the tower.

Wondering as I am working with a group that has a "Declaration" from this Licensee that refuses to negotiate for tower space on his FM tower. Licensee filed the Declaration with the Commission with his "Petition" telling the Commission he is not willing to comply with 73.239.

Anyone ever get a License revoked as a result? Any actions by Commission Staff as a result?
 
Unless it involves bare breasts, dirty words, or EEO violations, don't count on the Commission to enforce anything. And they'd never revoke a license for something that trivial.

LF
 
ChiefEngineer said:
The Commission has a Rule that will not allow a broadcaster to deny space to another Licensee. Well, they can but their license cannot be renewed.

Tower isn't overloaded. 10 foot face tower with Fm and STL/RPU licensed facilities. Licensee (AM/FM owner in Kentucky) refuses to negotiate for use of space. Filed a Petition To Deny against group who has lease for use of the tower.

Wondering as I am working with a group that has a "Declaration" from this Licensee that refuses to negotiate for tower space on his FM tower. Licensee filed the Declaration with the Commission with his "Petition" telling the Commission he is not willing to comply with 73.239.

Anyone ever get a License revoked as a result? Any actions by Commission Staff as a result?
Click to expand...

(Warning: I'm an engineer, not a lawyer!)

I rather doubt 73.239 is applicable. It states one must allow use of a site *if* it "...is peculiarly suitable for FM broadcasting..." and "(b) no other comparable site is available in the area;" and "(c) where the exclusive use of such site by the applicant or licensee would unduly limit the number of FM broadcast stations that can be authorized in a particular area or would unduly limit competition among FM broadcast stations."

The way I read that, if you want the FCC to take action under 73.239, you're going to have to prove that any other site is either unavailable due to FCC or local regulations, or is not high enough to reach the market. If the only problem with alternate sites is that you don't want to go through the trouble/expense/time of building your own tower, I don't think a 73.239 complaint is going to fly.

I can't say I've *ever* heard of a station getting in trouble for violating 73.239.
 
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