MAIN STUDIO WAIVEREducational Media Foundation ("EMF"), licensee of FM radio station WVLO,Cridersville, Ohio, hereby respectfully requests a waiver of Section 73.1125 of the Commission’srules (hereinafter referred to as the "main studio rule") to permit the relocation of the main studioof WVLO from its location in Cridersville, Ohio, to the main studio of EMF’s co-owned stationKLVR (NCE-FM), Middletown, California. The proposed studio location is approximately 3310kilometers (2057 miles) outside of the 3.16 mV/m contour of WVLO.EMF proposes to operate WVLO as a "satellite" station of KLVR. WVLO will be part ofa network of radio broadcast stations operated by EMF known as the "K-LOVE Radio Network."EMF is a non-profit corporation and each network station operates noncommercially andbroadcasts the noncommercial educational programming carried on the K-LOVE Radio Network.By co-locating WVLO’s main studio at KLVR’s main studio in Middletown, EMF will realizevaluable economies of scale and cost savings, which are needed to maintain the high quality ofK-LOVE’s noncommercial educational programming. As a listener-supported station, WVLOwill face severe financial constraints. The obligation to maintain separate staffing and studiolocations for both WVLO and KLVR will place a serious financial burden on EMF and divertwhat limited resources are available from K-LOVE’s programming efforts.To ensure that WVLO fulfills its local service obligations to the residents of Cridersville,Ohio, EMF will have a local public affairs representative, who may be a volunteer, available inthe community of Cridersville, Ohio. This local representative will, at least on a quarterly basis,conduct interviews and surveys of local community leaders and other residents to ascertain theinterests, concerns, and needs of the Cridersville listeners. EMF will then address the recurrentissues, problems, and needs of the residents of Cridersville in K-LOVE’s news and public affairsprogramming. EMF’s local representative will further serve as a liaison between the residents ofCridersville and EMF’s programming personnel. Finally, EMF will maintain a toll-freetelephone number, as required by Section 73.1125(d) of the rules, and maintain a publicinspection file for WVLO at the main studio of its parent station, KLVR(FM), Middletown,California, as required by Section 73.3527 of the Commission’s rules, and make reasonableaccommodation to listeners wishing to examine the file’s contents. Under Section 73.1125 of the Commission’s rules, a broadcast station must maintain itsmain studio (a) within the station's community of license; (b) at a location within the principalcommunity contour of any AM, FM, or TV broadcast station licensed to the station's communityof license; or (c) within 25 miles from the reference coordinates of the center of the station’s
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community of license, except when "good cause" exists for locating the main studio at analternate location. The Commission traditionally considers waiver requests by noncommercialeducational stations on a case-by-case basis. See Main Studio and Program Origination Rules, 3FCC Rcd 5024 (1988); see also Review of the Commission’s Rules Regarding the Main Studioand Local Public Inspection Files of Broadcast Television and Radio Stations, 13 FCC Rcd15691, 15695 n.18 (1998). In the context of noncommercial waiver requests, the Commissionhas expressly and implicitly found "good cause" to exist in numerous instances based solely upona showing that centralized operations will provide an economic benefit to noncommercialstations which have limited funding, provided that local service obligations are met. See Letterto Roy R. Russo, Esq., dated January 24, 1994; Letter to Richard J. Bodorff, dated January 2,1992; The President and Board of Trustees of the Miami University, 7 FCC Rcd 2902 (1992);The Cedarville College, 6 FCC Rcd 538 (1991); Letter to Gerald Stevens-Kittner, Esq., datedJuly 15, 1991; Sound of Life, Inc., 4 FCC Rcd 8273 (1989); Lift Him Up Outreach Ministries,Inc., 3 FCC Rcd 5571 (1988); Georgia State Board of Education, 70 F.C.C.2d 948 (1979), recon.denied, 71 F.C.C.2d 227 (1979); Nebraska Educational Television Comm’n, 4 R.R.2d 771(1965).EMF respectfully submits that the instant request presents substantially the same showingof good cause and public interest benefits as each of these waivers noted above. In each case, theCommission staff determined that the waivers were justified on the basis of the limited fundingavailable to the stations and the increased efficiencies resulting from co-location of studios. Likethese other waiver applicants, EMF will also experience financial difficulties in maintainingseparate staffing and separate facilities for its "parent" and "satellite" stations. EMF will also befully capable of fulfilling its local service obligations in the same manner as each of these otherapplicants.In view of the foregoing, EMF requests that the Commission find pursuant to Section73.1125(b)(2) of the Commission’s rules that the public interest will be served by theconsolidation of WVLO’s main studio with KLVR’s main studio, and authorize EMF to locateWVLO’s main studio outside of the city grade community and contour of the station and morethan 25 miles from the reference coordinates of the center of Cridersville, Ohio.