94.1 WSOS SEEKS UPGRADE

[Rick Rose 2.0]

Jacksonville area Classic Rock 94.1 licensed to Fruit Cove is seeking to upgrade to class C2 from its current C3 class. An increase from 5.5kw to 38kw at a spot a few meters lower on its current tower. They are looking to go somewhat directional to the north due to 94.1 in Savannah but should cover all of Duval just fine.

 

[ThatGuyOnTheRadio]

Judging by the 60dBu contour maps from the FCC website, this appears to give them an additional 8 miles or so to the north with the 60dBu cutoff moving from the Brentwood area (near Golfair Blvd) to just south of Pecan Park Road, near JIA.

This power increase should help building penetration too.

Current: http://maps.google.com/?q=http://tr...=94.1&contour=60&city=FRUIT_COVE&state=FL.kml


Application: http://maps.google.com/?q=http://tr...=94.1&contour=60&city=FRUIT_COVE&state=FL.kml

 

[carolinaradio]

I would love to know how they are doing with classic rock. I'm sure 96.9 is still crushing them and 107.3 can't be helping. Signal upgrade is nice but somewhat worthless with the current programming as it can all be heard elsewhere.

 

[nfladxer]

Jacksonville area Classic Rock 94.1 licensed to Fruit Cove is seeking to upgrade to class C2 from its current C3 class. An increase from 5.5kw to 38kw at a spot a few meters lower on its current tower. They are looking to go somewhat directional to the north due to 94.1 in Savannah but should cover all of Duval just fine.

Note: In order for 94.1 WSOS-FM to upgrade from a Class C3 to a Class C2, Renda is requesting that 94.1 (C0) WQBT-FM (Clear Channel) be involuntary moved to 95.5 (C0), and that Cumulus owned 95.5 WIXV (C1) be involuntary moved to 94.1 (C1), in order to eliminate current the short spacing that exists on 94.1 from Renda's Fruit Cove transmitter site. If the FCC, Clear Channel, and Cumulus all go along with this, RENDA WILL REIMBURSE both Clear Channel and Cumulus for their expenses incurred! Renda realizes that the current WSOS tower location and power output is too limited for the signal to be truly competitive in the entire Jacksonville Metro. If they successfully upgrade the 94.1 signal, hopefully they will also upgrade the quality of the audio and invest more in the product.

 

[jmtillery]

Jacksonville area Classic Rock 94.1 licensed to Fruit Cove is seeking to upgrade to class C2 from its current C3 class. An increase from 5.5kw to 38kw at a spot a few meters lower on its current tower. They are looking to go somewhat directional to the north due to 94.1 in Savannah but should cover all of Duval just fine.

Note: In order for 94.1 WSOS-FM to upgrade from a Class C3 to a Class C2, Renda is requesting that 94.1 (C0) WQBT-FM (Clear Channel) be involuntary moved...

I believe you mean voluntarily moved, and not involuntarily moved, since the moves are contingent upon all licenses agreeing to the affected Savannah frequencies being moved, downgraded, etc.

 

[upstate29651]

Renda better be willing to pony up big dollars. WIXV 95.5's branding (I95) has tremendous value across S. GA & into SC.

G

 

[nfladxer]

Jacksonville area Classic Rock 94.1 licensed to Fruit Cove is seeking to upgrade to class C2 from its current C3 class. An increase from 5.5kw to 38kw at a spot a few meters lower on its current tower. They are looking to go somewhat directional to the north due to 94.1 in Savannah but should cover all of Duval just fine.

Note: In order for 94.1 WSOS-FM to upgrade from a Class C3 to a Class C2, Renda is requesting that 94.1 (C0) WQBT-FM (Clear Channel) be involuntary moved...

I believe you mean voluntarily moved, and not involuntarily moved, since the moves are contingent upon all licenses agreeing to the affected Savannah frequencies being moved, downgraded, etc.

Dr. Tillery, While I understand the 'SOS upgrade would work much more smoothly with cooperation from all broadcast owners involved, THAT'S THE WAY I READ THE FCC APPLICATION INFO. Did you read the application? It would be helpful to get your interpretation/verification, if you have a chance to check it out! As always, thanks for your invaluable input here on Radio Info, and numerous contributions to this very interesting industry.

 

[jmtillery]

Jacksonville area Classic Rock 94.1 licensed to Fruit Cove is seeking to upgrade to class C2 from its current C3 class. An increase from 5.5kw to 38kw at a spot a few meters lower on its current tower. They are looking to go somewhat directional to the north due to 94.1 in Savannah but should cover all of Duval just fine.

Note: In order for 94.1 WSOS-FM to upgrade from a Class C3 to a Class C2, Renda is requesting that 94.1 (C0) WQBT-FM (Clear Channel) be involuntary moved...

I believe you mean voluntarily moved, and not involuntarily moved, since the moves are contingent upon all licenses agreeing to the affected Savannah frequencies being moved, downgraded, etc.

Dr. Tillery, While I understand the 'SOS upgrade would work much more smoothly with cooperation from all broadcast owners involved, THAT'S THE WAY I READ THE FCC APPLICATION INFO. Did you read the application? It would be helpful to get your interpretation/verification, if you have a chance to check it out! As always, thanks for your invaluable input here on Radio Info, and numerous contributions to this very interesting industry.

I have not read the application and I don't need to read it to know and understand that the definition of the word involuntary means forced or against one's will. If each of the licensees are agreeing to the proposed moves it is a voluntary move regardless how the actual application may read. Agreement is not necessary or even sought in an involuntary situation. The licensees would simply receive a formal FCC Final Order directing each licensee they have no choice but to move. Perhaps the powers that be at the FCC should seriously consider taking a refresher course in correct grammatical word usage.

 

[jmtillery]

Having read the application, it is what I thought all along regarding voluntary and involuntary. Renda is asking the FCC to force Clear Channel to change channels and downgrade 94.1 C0 to a C1, so under this scenario, if the FCC grants Renda's request, there will be no agreement among the affected licensees, per se, while Renda is offering to pay for the technical and legal expenses associated with the involuntary forced move. However, I can't see the FCC forcing the move unless there is a compelling argument that such a move is in the public's best interest. WSOS-FM is licensed to Fruit Cove, Florida, and as such is only required to serve the public interest of Fruit Cove and not Jacksonville. Keeping this in mind, in my opinion, it is not a justifiable public interest argument that the proposed involuntary frequency moves in another market to make it possible for a Fruit Cove station to better serve Jacksonville is reason for the FCC to grant the request.

 

[ngriffin]

What I don't understand is why they proposed to swap the Savannah allocations. In effect it is downgrading Savannah 94.1 to C1. 95.5 is no way mutually exclusive to either of the 94.1 stations.

 

[nfladxer]

Having read the application, it is what I thought all along regarding voluntary and involuntary. Renda is asking the FCC to force Clear Channel to change channels and downgrade 94.1 C0 to a C1, so under this scenario, if the FCC grants Renda's request, there will be no agreement among the affected licensees, per se, while Renda is offering to pay for the technical and legal expenses associated with the involuntary forced move. However, I can't see the FCC forcing the move unless there is a compelling argument that such a move is in the public's best interest. WSOS-FM is licensed to Fruit Cove, Florida, and as such is only required to serve the public interest of Fruit Cove and not Jacksonville. Keeping this in mind, in my opinion, it is not a justifiable public interest argument that the proposed involuntary frequency moves in another market to make it possible for a Fruit Cove station to better serve Jacksonville is reason for the FCC to grant the request.

Dr. Tillery, Yes, I see there is no agreement necessary under this application scenario. And I agree, not so sure this public interest argument is going to fly!

 

[jmtillery]

One of the arguments made in the application is there will be a 300,000 + listener increase within the proposed C2 60 dBu service contour. However, the majority of the increased popluation count comes from Jacksonville which is already well served by 22-local FM stations and 16-local AM stations or 38-voices while Fruit Cove has one local voice. This proposal is very different from the previous Renda frequency move involving WGNE.

Several years ago Renda applied for and was successfully granted a petition for rulemaking to re-license WGNE 99.9 C from Palatka to Middleburg as Middleburg's first local service. This involved moving a second adjacent channal (100.1 C2) in Statesboro, Georgia further North with a COL change and a downgrade in 99.9 to a C1 to make the move technically possible. The end result was the Georga station was able to take advantage of a class upgrade to C1. In this move all parties got what they wanted: a class upgrade for 100.1 and a market upgrade for 99.9. The current application and logic argued to the FCC to involuntarily or force an out of market station in Savannah to downgrade so a small market FM can move to an already over saturated Jacksonvile radio market is very different from the previous Palatka / Middleburg Petition for Rulemaking, Notice or Proposed Rulemaking and ultimate Final Order. I'm also not quite sure how 95.5 Savannah plays into the current proposed involuntary changes considering the only channel that is holding up the works is 94.1 C Savannah. If this was a voluntary move and all licensees are in agreement, I can see how the Cumulus station may play a major role in the proposal.

I'm sure there may be some underlying issues regarding this proposal that the rest of us are not aware and has not been made public via the FCC public records.

 

[Poledo]

This thread needs to be combined with the thread on the Georgia board. I don't know which board it belongs on.... Signal upgrade for Jax or significant signal changes for Savannah.
Is there any way to cross post so the same thread shows on both boards?

 

[jmtillery]

This thread needs to be combined with the thread on the Georgia board. I don't know which board it belongs on.... Signal upgrade for Jax or significant signal changes for Savannah.
Is there any way to cross post so the same thread shows on both boards?

I believe the thread is appropriate for both boards since it involves Jacksonville (North Florida Board) and Savannah (Georgia Board).

 

[fybush]

As long as we're still doing this on both sides of the state line...

At least in theory, Renda doesn't need the consent of CC or Cumulus to make this happen. It's being done with what's called a "show cause" order - two of them, actually. The FCC will generally issue such orders if the party requesting them can show that they require the affected station to change frequency but not to take a downgrade. As long as the requesting party certifies its willingness to compensate the affected station for all costs (which usually includes not just modifications to the transmitter and antenna but also at least some cash for promotional expenses), the FCC will issue the order, which literally compels the affected station to "show cause" why it shouldn't have to move.

In this case, a careful read of the WSOS-FM application shows that they've found a way to keep both of the Savannah stations on their existing classes simply by swapping frequencies: the present 95.5C1 there would (IIRC) go to 94.1C1 while the 94.1C would go to 95.5C. (I haven't checked this out to be certain, but I have a hunch 95.5C now fits in Savannah because of the move of Athens' 95.5 closer in to Atlanta and thus away from Savannah, in which case Cox may actually have had an inadvertent hand in giving itself a smidge more competition in Jacksonville.)

In any event, the onus would be on CC and Cumulus to demonstrate to the FCC that their Savannah signals would somehow be impaired by being moved to each other's frequency while retaining their existing coverage areas.

As for the issue of "an already over saturated Jacksonville radio market," I trust counselor Tillery is up on the current FCC move-in rules? The latest incarnation, adopted two years or so back, imposes some fairly stiff tests on any attempt to move service into an "urbanized area" from outside that area. Were it in effect now, it would probably have barred Renda from moving 99.9 from Palatka to Middleburg. But the flip side is that the FCC doesn't concern itself as much now with moves within an urbanized area. In this case, WSOS-FM isn't even proposing a COL change (which is usually what triggers this rule), but in any event its current COL of Fruit Cove is in St. John's County, which is already considered part of the Jacksonville urbanized area.

I don't think there's anything more to this beyond what's already on file with the FCC: the Commission has the power to compel an involuntary frequency move if it deems it necessary to advance the 307(b) mandate for equitable distribution of broadcast service; Renda has made a case that by upgrading WSOS-FM, it can add additional service to 300,000-plus listeners within the urbanized area it already serves without reducing any existing service in Savannah; and barring some technical flaw in the Renda filing, the next step will probably be the "show cause" order asking CC and Cumulus if there's any reason why they shouldn't be compelled to change frequencies.

 

[jmtillery]

... I trust counselor Tillery is up on the current FCC move-in rules?

Thank you for asking the question. And, yes, I am fully aware of all the FCC rules. I also thank you for reminding me of the newer rules regarding “move-ins” and similar licensee proposals which reminds me of a similar situation I was directly involved several years ago involving a new Florida FM allocation.

A client I was representing had petitioned the FCC to allot a new full class C FM which was fairly straightforward; however, in order to get the allocation, we needed to move a co-channel class C1 two channels down. Since the C1 channel move was not greater than two channels away from its licensed frequency, the move could have been accomplished using a one-step application process as opposed to a more complicated filing window had we needed to move the C1 to the other end of the FM broadcast spectrum. The petition for PRM in this case was similar to the Renda application in that it also involved an involutary channel move for the C1.

Regarding the Savannah / Jacksonville proposal, let me make it very clear that I have nothing to gain or lose either way the FCC may rule on the proposal, and although you are absolutely correct in your assessment regarding the Commission rules and regulations, and how said rules apply to the current application for PRM involving WSOS-FM, WQBT and WIXV, I can think of multiple arguments, two of which will stop it dead in its tracks, should CC or Cumulus decide to use said arguments to deny Renda’s petition for PRM. I won’t go into any details as I’m sure all the respective attorneys representing each of the respective licensees have already considered every possible consideration. Regardless of how the Commission may rule in its Final Order regarding this proposal, it is going to be very time consuming and costly. I wish Renda all the best in its quest to improve WSOS-FM.

 

[Kmagrill]

The thread is pretty long, but the bottom line is that it is possible to force an involuntary change of channels, but not locations, ala WYKS from 105.5 to 105.3. In other words, as long as the daisy chain of swaps only involves frequencies, it can be done involuntarily. Anything that requires a technical modification beyond frequency cannot be forced. I vaguely recall that there was an FCC policy regarding no more than two daisy-chained changes, though. If they have to swap 4 stations' channels around, this may not fly depending upon how the FCC views "daisy chains" these days.

 

[jmtillery]

The thread is pretty long, but the bottom line is that it is possible to force an involuntary change of channels, but not locations, ala WYKS from 105.5 to 105.3. In other words, as long as the daisy chain of swaps only involves frequencies, it can be done involuntarily. Anything that requires a technical modification beyond frequency cannot be forced. I vaguely recall that there was an FCC policy regarding no more than two daisy-chained changes, though. If they have to swap 4 stations' channels around, this may not fly depending upon how the FCC views "daisy chains" these days.

It is definately a rather delicate situation. The best, easiest, and most effective course of action is to negotiate a workable solution with all affected parties and reach a mutual agreement or meeting of the minds that everyone is happy with.

 

[nfladxer]

The thread is pretty long, but the bottom line is that it is possible to force an involuntary change of channels, but not locations, ala WYKS from 105.5 to 105.3. In other words, as long as the daisy chain of swaps only involves frequencies, it can be done involuntarily. Anything that requires a technical modification beyond frequency cannot be forced. I vaguely recall that there was an FCC policy regarding no more than two daisy-chained changes, though. If they have to swap 4 stations' channels around, this may not fly depending upon how the FCC views "daisy chains" these days.

It is definately a rather delicate situation. The best, easiest, and most effective course of action is to negotiate a workable solution with all affected parties and reach a mutual agreement or meeting of the minds that everyone is happy with.

Amen, Brother!

 

[jovialjay]

... I trust counselor Tillery is up on the current FCC move-in rules?

Thank you for asking the question. And, yes, I am fully aware of all the FCC rules. I also thank you for reminding me of the newer rules regarding “move-ins” and similar licensee proposals which reminds me of a similar situation I was directly involved several years ago involving a new Florida FM allocation.

I can think of multiple arguments, two of which will stop it dead in its tracks, should CC or Cumulus decide to use said arguments to deny Renda’s petition for PRM. I won’t go into any details as I’m sure all the respective attorneys representing each of the respective licensees have already considered every possible consideration. It is definately a rather delicate situation. The best, easiest, and most effective course of action is to negotiate a workable solution with all affected parties and reach a mutual agreement or meeting of the minds that everyone is happy with.

Good God.