KYND nighttime application gets nitpicked and nixed

[jd]

1520's plan to add night service in Houston has hit a brick wall. Their modest application (for two watts) from a rooftop tower along the Southwest Freeway was thrown out because it didn't serve any of their community of license, Cypress. This is puzzling since there are a number of notable exceptions around the country; one is in the Detroit area. Here's WRDT's day coverage: http://www.radio-locator.com/cgi-bin/pat?call=WRDT&service=AM&status=L&hours=D Compare that with nighttime: http://www.radio-locator.com/cgi-bin/pat?call=WRDT&service=AM&status=L&hours=N

Here's the letter from the FCC that turns down KYND's application:
http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=17227 As you'll notice they also found a deficiency in the applicant's statement about the proposed tower site not being in a "wetland, wilderness" area. Sheeez, we're talking about the roof of a high-rise office building!

And a footnote to this: a complaint was filed by Renda Broadcasting of Oklahoma City, who somehow argued that the 2-watt KYND signal would cause interference to 50,000 watt co-channel KOKC.

 

[purpledevil]

Ooooh.....that stings. KYND's owners purchased co-1520 KHLT/Halletsville for the purposes of giving KYND nighttime and increasing the daytime power, if memory serves correct. The KOKC complaint is a bit far fetched considering what you said, jd. That big 2 watts is going to wreak havic in Okie City, let me tell you. What do you suspect they will try next? They seem pretty adamant about getting something going at night on KYND.

 

[Mediafrog+]

They're going to have to figure out something from the current site, or build a new facility elsewhere that would cover Cypress. The former will probably happen.

The KOKC objection is ridiculous. Obvious knuckleheads running that place.

 

[jd]

The KOKC objection is ridiculous. Obvious knuckleheads running that place.

This isn't the first time they've filed objections regarding KYND applications; it's been going on for a number of years. But this one is undoubtedly the most frivolous. I have to admit, though, that KOKC's complaint has some validity, on paper at least, but not in a real world interference scenario. KYND actually lies within the direction of a null in KOKC's nighttime pattern and two watts would do no harm whatsoever.

As one of two Class A stations on 1520 (a "shared clear channel" frequency) KOKC can rightfully argue that they are entitled to interference-free coverage (the protected 0.5 mV/m 50% skywave contour) of around 750 miles; the distance from their site at Moore, Oklahoma to Houston is around 400 miles. It should be noted, however, that the oft-quoted 750 miles radius was and still is a rough estimate based upon a non-directional pattern. Both KOKC and WWKB Buffalo NY are directional at night and there are several smaller ("Class D") stations that operate at night on 1520, some of which are just a few hundred miles away from the dominant station(s). So the precedent was set several years back, thus any KYND application for nighttime service as a Class D station, whether for two or two hundred watts, deserves consideration.

As for the FCC's letter to KYND about the lack of coverage of their community of license, here's part of the applicable rule (bold added for emphasis): "An authorization for a new AM broadcast station or increase in facilities of an existing station will be issued only after a satisfactory showing has been made in regard to the following, among others: /snip/ That, for stations in the 535–1605 kHz band, 80% of the principal community is encompassed by the nighttime 5mV/m contour or the nighttime interference-free contour, whichever value is higher. That, Class D stations with nighttime authorizations need not demonstrate such coverage during nighttime operation." Sounds a little ambiguous, doesn't it?

The letter said, in part, "even though a nighttime secondary operation of a Class D station is not required to meet the coverage requirements set forth in Section 73.24, it must provide some nighttime service to the community of license." Unless I'm missing something, nowhere in this or other related rules is there a definition of "some" coverage of the COL. I'm betting that there are many examples of Class D stations that provide just "some" coverage, and more than a few that provide no nighttime service whatsoever to their COL's.

What do you suspect they will try next? They seem pretty adamant about getting something going at night on KYND.

I'd play the semantics card. Using a two-tower array near Cypress I'd suggest setting up a lop-sided figure-8 pattern using 249 watts with a healthy lobe toward southwest Houston and a very minor lobe that would provide "some" coverage of Cypress.

 

[purpledevil]

I like that. "Some" coverage. So this person in Cypress counts, and you there on the other side of 290...well, you don't. Sorry. :-\ I guess it really doesn't matter, considering the lack of Vietnamese population in Cypress. However, considering the rapid growth that the 290 corridor has seen in this last decade, you'd think that would be a contributing factor. Houston stations don't "serve" that area, Brenham stations certainly don't. The closest station that targets the area is KPVU in Prairie View. I see their desire to expand coverage, but I think they are short changing their COL. There's quite a bit of money there these days.

I wonder about your figure 8 pattern, jd. With a heavy lobe S/SW towards us, something tells me Siga would be filing a complaint claiming interference to KGBC on the west end of the Island. Heck, jd, that would shoot it right towards KANI/Wharton. What if they sent the signal due east? Next closest station at 1520 in that direction would be from Lafayette. You'd also give a nice little hello to the Woodlands with that 2 watts. I don't know, with that little power at that high on the dial, it's not going to carry far from wherever it gets approved for.

 

[johndavis]

The letter said, in part, "even though a nighttime secondary operation of a Class D station is not required to meet the coverage requirements set forth in Section 73.24, it must provide some nighttime service to the community of license." Unless I'm missing something, nowhere in this or other related rules is there a definition of "some" coverage of the COL. I'm betting that there are many examples of Class D stations that provide just "some" coverage, and more than a few that provide no nighttime service whatsoever to their COL's.

There's a certain percentage of the COL that you have to cover at night, but I can't remember what it is. The DC attorney knew.

I had worked for a station that was considering moving its class D to diplex at another site, if we did that we would have had to change the COL because the new site wouldn't cover enough of the city. (We decided that the drop in value of the station because the pattern would cover fewer people was greater than we'd ever make selling the old site.)

How do you define the boundaries of "Cypress, TX" for the purpose of measuring the pattern? School district boundaries? Zip codes? What are the city limits of an area that's not a city?

 

[purpledevil]

John, there is a town called Cypress. You can't see it now ever since 290 moved to the new alignment, but it's still there. Of course, then the explosion happened and every retailer under the sun moved to Cypress and the Outlet. Completely blocked out the view of the old town from the highway. The old white house with the screen porch that faces old 290 has always been a favorite of mine. It once had sprawling acreage behind it with horses and cattle. Now it has the concrete backend of a box store. Now, I haven't went down business 290 in awhile, but Cypress at least didhave a post office. It was on the old 290 across from the RxR tracks. Every time I went down the old alignment it made me sick. Downtown Waller looked like a ghost town the last I did. Everything has moved to the new alignment, and all of the towns along the highway have lost their identity. They're simple truck stops along the highway now. Such is progress. For reference, Cypress is just north of Jersey Village, and south of Hockley. I'll have to exit at Rosehill and go through the town just to make sure it's still there.

Cypress is a rapidly growing area of SE Texas, and the explosion keeps reaching northward. If it continues, before I take my last breath I wholeheartedly expect to see University of Houston - at Prairie View. It's getting to that point. This is why I question "some" coverage to the area. Seems to me they would benefit from having "good" coverage in NW Harris County.

 

[johndavis]

John, there is a town called Cypress. You can't see it now ever since 290 moved to the new alignment, but it's still there. Of course, then the explosion happened and every retailer under the sun moved to Cypress and the Outlet. Completely blocked out the view of the old town from the highway. The old white house with the screen porch that faces old 290 has always been a favorite of mine. It once had sprawling acreage behind it with horses and cattle. Now it has the concrete backend of a box store. Now, I haven't went down business 290 in awhile, but Cypress at least didhave a post office. It was on the old 290 across from the RxR tracks. Every time I went down the old alignment it made me sick. Downtown Waller looked like a ghost town the last I did. Everything has moved to the new alignment, and all of the towns along the highway have lost their identity. They're simple truck stops along the highway now. Such is progress. For reference, Cypress is just north of Jersey Village, and south of Hockley. I'll have to exit at Rosehill and go through the town just to make sure it's still there.

Cypress is a rapidly growing area of SE Texas, and the explosion keeps reaching northward. If it continues, before I take my last breath I wholeheartedly expect to see University of Houston - at Prairie View. It's getting to that point. This is why I question "some" coverage to the area. Seems to me they would benefit from having "good" coverage in NW Harris County.

But it's an unincorporated area of Harris County. How do you identify the boundaries of an unincorporated town like Cypress? Again, School district zones? Zip codes? And if an incorporated city like Houston comes along and annexes it, how does that change your COL?

I'm just trying to wrap my head around this. Where I grew up in Arizona, you were either in an incorporated city or you were on county land. We didn't have unincorporated towns like you see around Texas.

 

[purpledevil]

I see what you're saying. Cypress is zip code 77429. All of the original city center of Cypress Texas was in that 77429 zip. The main post office, which after some research I find has moved to Spring-Cypress Rd. also maintains the same 77429 zip code. I would go with that for boundaries to establish a "bordered community" before I'd go the I.S.D. route. That pie has way too many slices.

Texas is weird like that, and I don't know why it is. Ask someone from Kingwood what happens when you are unincorporated. I suspect it will eventually happen to The Woodlands too if they don't get their affairs in order and get a city govt. in place.

 

[Greg Strickland]

The dismissal may have something to do with the distance of 37 Kilometers between the proposed night site and the day site. And this distance is not for the purpose of providing service to the COL. The FCC has to put a geographical limitation on it, otherwise a Class D in West Texas might propose night operation in Dallas (if they could make the allotment work for some minor wattage). Remember the recent cross country VHF TV move attempt?

I have not vetted the technical details of the application, but I think if the allotment considerations were OK, the FCC would be inclined to grant the 2 watts at the licensed daytime site or at a location in the COL. The problem is the egregious 37 Kilometer move.

 

[dfwrunner]

The dismissal may have something to do with the distance of 37 Kilometers between the proposed night site and the day site. And the great distance is not for the purpose of providing service to the COL. The FCC has to put a geographical limitation on it, otherwise a Class D in West Texas might propose night operation in Dallas (if they could make the allotment work for some minor wattage). Remember the recent cross country VHF TV move attempt?

I have not vetted the technical details of the application, but I think if the allotment considerations were OK, the FCC would have been inclined to grant the 2 watts at the licensed daytime site or at a location in the COL.

Isn't the minimum lp something like 100 watts? is there no minimum transmitter ERP? 2 watts is hardly worth it.

 

[Greg Strickland]

The low night power is OK for a Class D station.

 

[Greg Strickland]

Wow- the Detroit dual site operation is 66 Kilometers! FCC staff policy must have changed or there is another defect in the KYND application.

 

[jd]

The FCC has to put a geographical limitation on it, otherwise a Class D in West Texas might propose night operation in Dallas (if they could make the allotment work for some minor wattage).

As far-fetched as that might seem, it actually could be proposed. A pending application for KTON 940 is a good example; it proposes a move from Belton to Kaufman and a frequency change to 950. There would be no nighttime interference-free coverage of Kaufman, however. Instead the proposed directional pattern would clearly be targeting Dallas.

Cypress is zip code 77429. All of the original city center of Cypress Texas was in that 77429 zip.

Previous KYND applications have addressed the fact that there are no established boundaries for the community of Cypress. The location of the post office was used as a reference point for signal strength measurements.

The low night power is OK for a Class D station.

Yes, it is. If the nighttime power is less than the required level for Class B service, the station is considered to be a Class D and has no obligation to deliver nighttime interference-free coverage over their community of license. This has a relationship to the 250 watt minimum nighttime power level for Class B stations; anything less than that makes it a Class D for allocation purposes.

Wow- the Detroit dual site operation is 66 Kilometers! FCC staff policy must have changed or there is another defect in the KYND application.

That's about 41 miles. The estimated nighttime signal strength over WRDT's COL, Monroe MI, is 0.36mVm, barely a blip on the radar. I'd figure that KYND could cite this example in an amended application. The two stations have something else in common; like KYND, WRDT had applied for a synchronous repeater on their frequency, which was denied. By the way, approval for WRDT's nighttime site at Royal Oak doesn't reflect a recent change in FCC policy; the application was approved in 1994. One has to remember that if the FCC doesn't want to approve an application like the current one for KYND, even if it meets certain requirements, they can find a way to dismiss it for other reasons. The issue of an incomplete environmental statement is nothing short of ridiculous.