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K-Star 99.7 KVST Petitions FCC To Suspend KROY

9

93QClassic.com

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Roy Henderson is at it again. Taking a small town low power station to full power in a rimshot attempt to penetrate the Houston market. And this time it appears he's intentionally directing his signal away from his city of license (Palacios, TX), to cause substantial interference and really piss off KVST listeners. He's pressuring KVST to sell out so he can shut it down, then move his station to a tower in Missouri City that will allow KROY to blanket H-Town.

Here's part of the Petition filed with the FCC in re KROY. See the full filing at https://www.facebook.com/ajax/messa...0835:d21113657c3f532564&hash=AQDgIIqc5g-dZxHg

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, DC 20554

In re Application of
ROY E. HENDERSON BLH-20140325AAE
for a License to Cover the Construction Permit for KROY(FM), Palacios, Texas Facility ID No. 77693

To: The Secretary
Attn: Chief, Audio Division, Media Bureau

INFORMAL OBJECTION AND REQUEST FOR IMMEDIATE SUSPENSION OF OPERATION

New Wavo Communication Group, Inc. (“New Wavo”), licensee of Station
KVST(FM), Willis, Texas (Facility ID 26858), by its counsel and pursuant to Section 73.3587
of the Commission's Rules, hereby objects to the above-captioned license application (the
“Application”). Because the newly-constructed KROY(FM) is causing destructive co-channel
interference to the KVST protected signal in contravention of the requirements of Section
73.215 of the Commission’s Rules, New Wavo requests FCC action to immediately suspend
the new KROY operation. Moreover, as it is apparent that the new KROY facilities were
installed to effectively directionalize the KROY signal away from its community of license, the
Application must be dismissed or denied.

As demonstrated in the Technical Statement of Bert Goldman, attached hereto at
Exhibit A, and as confirmed by listeners (see Exhibit B), the new KROY facilities are creating
impermissible harmful interference to New Wavo’s licensed FM station KVST. The new
KROY operations are short-spaced to and co-channel with KVST (Ch. 259A). Per the
construction permit application and the special conditions to the KROY construction permit
(BPH-20120713ADI) for which the covering Application was filed, KROY must meet
clearance requirements under Section 72.215 of the Commissions’ Rules with regard to KVST.
The actual interference experienced by listeners indicates that the new KROY facilities fail to
properly protect KVST; the engineering analysis confirms that KROY will cause widespread
interference throughout the KVST protected contour.

Moreover, New Wavo believes that Mr. Henderson may have intentionally optimized
the new facilities to directionalize the KROY signal toward KVST in an effort to pressure New
Wavo into a sale of KVST to Mr. Henderson or into a purchase of KROY. See Declaration of
Dade Moore, attached hereto. The intentional distortion of an FM non-directional antenna to
create a directionalized radiation pattern requires a directional license. See Public Notice,
Criteria For Licensing of FM Broadcast Antenna Systems, FCC 84-437 (Sept. 14, 1984).
In light of the foregoing, New Wavo requests the FCC immediately direct Roy
Henderson to suspend the KROY operations. The FCC must thereafter dismiss or deny
Application.

May 7, 2014

Respectfully submitted,

NEW WAVO COMMUNICATION
GROUP, INC.

By: ______/s/__________________
Frank R. Jazzo, Esq.
Davina S. Sashkin, Esq.
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 11th Floor
Arlington, VA 22209
703-812-0400
[email protected]
[email protected]
 
Since both are the same format - country - a format already available on 92.9, 97.1, and 100.3 - who cares? Yet another country station, this time on 99.7, dividing up the country market in Houston - 4 ways instead of 3 ways.

Why can't somebody do something other than country or foreign in this market?
 
Best Henderson could do moving to Mo City would be a Class A....No way it could make a Cx at all...99.7 KVST is a Class A and is at the bare minimum spacing to KSHN....1st come, 1st protected.
 
Doubtful. The fact remains that KROY is a licensed facility, which is on the air at 50kW as it is supposed to be. This isn't some pirate that shouldn't be there, or a translator causing interference. KVST is outside of the protected contour for KROY, and if the management of New Wavo thinks they are upset now, just wait. There's an active CP for KROY to bump up to 100kW. Now that the build for KHTZ is complete, KROY is the next logical signal to be addressed. Say what you may about Roy Henderson, the man is no fool. He knows what he has, and has the intelligence to make moves that will net him the best return on his money. Look at 94.9 KHTZ. Once an insignificant flea powered station in the middle of nowhere, now blankets Victoria to west Houston. Think it might be worth a little more now than it was wasting away in little ol' Ganado? KSBJ wouldn't have given El Campo's 96.9 a second glance had Liberman not gotten it out of town and turned it into a blowtorch. 94.9 can and will serve the same purpose, you can bet money on that.
 
The tropo has been horrible lately and thats probably what is causing problems for KVST south of Conroe...I doubt it is causing issues within the City Grade (but within the Service Contour which reaches out further, I bet it is causing issues)....Henderson did NOT amend his CP for the correct tower (the American Tower Corp one claimed on the CP was dismantled and replaced by a new one which has a different ASRN and coordinates (but was next door to the old one)...they COULD claim that and get Henderson to have to refile or get fined for not properly notifying the FCC...but thats a minor issue..ANY side mount antenna will have a directional pattern...so if KROY is not top mounted on the tower (which I dont think it is), it will be somewhat directional..NOW if they can prove there is a MAJOR difference and show that the pattern is directional toward Houston/Conroe, they may be able to get this passed...BUT chances are, it will be dismissed by the FCC as tropo issues as they have done so before with similar issues in California.
 
The tropo has been horrible lately and thats probably what is causing problems for KVST south of Conroe...

Agreed. I live in the Cy-Fair area, and recently the tropo enhancement was so severe that KROY was blasting in on 99.7 at my location--not even a hint of a signal from KVST.

Apparently New Wavo thinks that KROY is cheating with a directional antenna towards Houston. While we can't be absolutely sure that isn't the case, it is more likely that the KVST management is rather ignorant of the quirks and realities of VHF propagation, especially in warm and humid coastal areas.

KROY and KVST are at the required Class C1 to Class A distance separation, so are legal from that standpoint.

This is, however a reminder that the FM band is badly overcrowded, which gives me another chance to beat the drum for an expansion down to 76 MHz, as is being done in Brazil.
 
The main issue with KVST is (besides being a Class A) it is West of Willis.....and there is the ridge that runs just south of it....which makes it almost knife edge into Conroe....due south of the tower is Lake Conroe....which can cause enough problems with the water path....Ben Amato and son (I think the son runs the station more than Ben does) have no RF knowledge....(Ben owned grocery stores which he sold to finance 103.5 originally...then moved it to 103.7 and then sold it to Cumulus for $32 million...just for the license and that paid for 99.7 to be built with a lot of cash left over) Of course lawyers will file whatever the owners tell them...I had a FCC lawyer in an attempt to get an AM in a small market...then I found out he was also involved with another group that has moved a LD (low power digital) from Woodville to Beaumont to Houston....however, the station was never built...and never put on the air...but they got licensed for Woodville and Beaumont (using the former CC Devers stick)...now they have a CP for downtown Houston..as long as he gets paid and what he is told by the owners is what he files...he does not have any liability since he doesn't sign the FCC Forms....lawyers, gotta love em
 
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