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KMCQ app to Cougar......The Nightmare Continues.....Fall City LPFM in the way.

F

FMSteve

In a complete twist of irony and drama, the fully-licensed Fall City, WA. LPFM, KBSG-LP (formerly KCFL) may end up being the ultimate party spoiler for KMCQ's quest to get up to Cougar Mountain. In a recent U.S. Circuit Court case (NAB vs. FCC), the court affirmed the FCC's recent policy (see FCC 07-204, item 68 "LPFM Displacement") to protect licensed LPFM stations from encroaching full-service modifications such as the KMCQ move to Cougar. In other words, the LPFM station becomes primary to other stations and modifications......if that LPFM station is on a co-channel or 1st adjacent channel, as long as that station airs at least 8 hours a day of local programming and does not interfere with the KMCQ 70 dbu Community of license contour. This new FCC policy is in effect only if there are no other fully-spaced alternative LPFM channels available for the "threatened" LPFM.

Now the interesting part: That Fall City LPFM was recently granted an assignement (by the FCC) from the previous owners, and that new group is now getting themselves together to get their broadcast on the air, at 104.5 Mhz (same channel as KMCQ) in the Snoqualmie Ridge area. See the following news article in the Snoqualmie Valley Record:

http://www.pnwlocalnews.com/east_king/svr/news/50764562.html

As long as the KBSG-LP does not interfere with the existing KMCQ 70 dbu contour around Covington, WA., they may continue to operate. The question remains, though, that since this LPFM is not currently on the air, and the Cougar app was filed prior to the NAB vs. FCC decision, then it's possible that KMCQ may have ultimate earlier filing rights and ultimately win. Or, will the policy be retroactive to the time the FCC instituted their policy in 2007? Only the lawyers at the FCC know for sure. Check out this blog from a group of D.C. com attorneys:

http://www.commlawblog.com/2009/06/articles/broadcast/court-affirms-lpfmfriendly-rules/

The drama continues............maybe. What's going to happen? Nobody knows.
 
FMSteve said:
In a complete twist of irony and drama, the fully-licensed Fall City, WA. LPFM, KBSG-LP (formerly KCFL) may end up being the ultimate party spoiler for KMCQ's quest to get up to Cougar Mountain. In a recent U.S. Circuit Court case (NAB vs. FCC), the court affirmed the FCC's recent policy (see FCC 07-204, item 68 "LPFM Displacement") to protect licensed LPFM stations from encroaching full-service modifications such as the KMCQ move to Cougar. In other words, the LPFM station becomes primary to other stations and modifications......if that LPFM station is on a co-channel or 1st adjacent channel, as long as that station airs at least 8 hours a day of local programming and does not interfere with the KMCQ 70 dbu Community of license contour. This new FCC policy is in effect only if there are no other fully-spaced alternative LPFM channels available for the "threatened" LPFM.

Now the interesting part: That Fall City LPFM was recently granted an assignement (by the FCC) from the previous owners, and that new group is now getting themselves together to get their broadcast on the air, at 104.5 Mhz (same channel as KMCQ) in the Snoqualmie Ridge area. See the following news article in the Snoqualmie Valley Record:

http://www.pnwlocalnews.com/east_king/svr/news/50764562.html

As long as the KBSG-LP does not interfere with the existing KMCQ 70 dbu contour around Covington, WA., they may continue to operate. The question remains, though, that since this LPFM is not currently on the air, and the Cougar app was filed prior to the NAB vs. FCC decision, then it's possible that KMCQ may have ultimate earlier filing rights and ultimately win. Or, will the policy be retroactive to the time the FCC instituted their policy in 2007? Only the lawyers at the FCC know for sure. Check out this blog from a group of D.C. com attorneys:

http://www.commlawblog.com/2009/06/articles/broadcast/court-affirms-lpfmfriendly-rules/

The drama continues............maybe. What's going to happen? Nobody knows.
Click to expand...

You know, One of the reasons KCFL left 104.5 in Fall City was because of KMCQ barging in. Of course at the time, the owners of KCFL could do nothing about it. They were less than a translator in FCC eyes at the time....

I still think it was a STUPID move to bring KMCQ to Seattle (er, "Covington"), but it was made at a time when people still believed radio would be a perpetual $$$ machine and these paper diaries would prove it.

I think KBSG-LP will eventually be tossed in the non-com portion of the FM band, where frequency restrictions aren't so tight. Another bill for First Broadcasting on top of getting KAFE moved to 104.1.......

Talk about your angel investors! What on earth keeps First Broadcasting going?......
 
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