> > > >
> > > The CP was granted-they can build it-it's just that the
> > > whole thing may need to change (power, license class,
> > > transmitter location). The commission is warning the
> > > permittee of that. Seems rather odd.
> > >
> > > If it were me I'd build it immediately and let the chips
>
> > > fall where they may. Once the thing gets on the air,
> sell
> >
> > > it and let the new buyer deal with the outcome. In the
> > > meantime the buyer gets a Seattle radio station.
> > >
> > WEEELLL....lets not get carried away...I think we all know
>
> > who the "buyer" is. But a seattle radio station? Not
> > quite...more like half a seattle radio station. Unless
> they
> > can get the thing up onto Tiger or Cougar somehow...which
> I
> > seriously doubt they can. I think the signal will not be
> so
> > great in Seattle proper, especially the north end...but
> then
> > I suppose only time and Program Test Authority will tell
>

> >
>
> Thanks Robojock. You are half right. The other end of this
> mess goes towards the WHOLE case involving 02-136 outright.
> Remember that TWO other parties are still involved in the
> "dispute" over the 104.5 frequency in Washington state.
>
> In 02-136, Mercer Island (KMIH) and Triple Bogy (KDUX) are
> still actively engaged in a Motion for Reconsideration and a
> request for a full blown hearing before the actual
> Commission.
>
> Until First Broadcasting settles with these two active
> parties and/or wins outright from the hearing still pending,
> I'd think that First would be FOOLS to try and move to
> Covington just yet. The FCC's Commissioners may say no way!
> Where would you be then? Out of a lot of cash!
>
> I think that someone on one side of the building off 12th St
> in DC thought to clear their desk of this minor change app
> by KMCQ, but then also realized that they had to cover their
> butt in the event the full Commission ruled against this
> move.
>
> First ought to do the smart thing NOW; give a generous deal
> to Mercer Island and get them out of the way, then try a
> deal with 3x Bogy and if it doesn't work, do a horse trade
> of sorts with some other radio station they own and call it
> a day. The station in Forks, Wa is the first one I'd offer
> up. Keep 3X Bogy on the coast and settle up with the non
> com/Educational KMIH Mercer Island (so you look good in
> front of the FCC and US Senator Cantwell and make everyone
> happy)
>
> Just for FYI,
> Here's what FM Steve said about this whole mess from the
> Seattle Board recently:
>
> "The Commission has ruled that backfilled vacant allotments
> are not actual transmission service. In KMCQ's proposal, and
> New Northwest's proposal (Oregon allocations) as well, each
> has, should I say, proposed unbuilt "service" to areas left
> vacant by a move into Covington, Washington. However, the
> FCC has ruled several years ago, and quite recently that
> proposing unbuilt facilities and creating smaller allotments
> which may never be built to substitute for actual
> transmission service is against public policy. Currently
> this ruling is on appeal. Click here:
>
http://gullfoss2.fcc.gov/pro> d/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6518108852
>
>
> Thus, before KMCQ can go forward, this case must be decided.
> (See Sells, AZ. MB 02-376). However, the co-proponent, First
> Broadcasting, thinks they have a "hedge" against this as
> they have obtained an unbuilt allotment in Condon, Oregon,
> pop 759. It's a Class C and they have a Construction Permit
> that will presumably cover any loss area with actual
> transmission service to the affected areas. However, the
> Condon allotment may never be built, and more importantly,
> this allotment is contingent upon four or five other
> proposals which may or may not go through...."
>
> This isn't over by a longshot....TheDalles will keep Q 104
> just a bit longer I think. Stay tuned though!
>
As I have mentioned in other threads on this board, the Sells, AZ. case must be resolved. And my guess is that the Commission will hold firm on vacant "backfilled" allotments not being actual transmission service. The remedy for this relatively new FCC policy will be the D.C. Circuit Court. This will cost them lots of money and time. If this is to be, then why not spend that money on KMIH as KMIH might remove their appeal? It certainly makes sense to me that First Broadcasting and Mid-Columbia (owner of KMCQ) should be extremely nice and cordial to The Mercer Island School District and cut a sweet deal and be done with it. As for the other party (KDUX, Aberdeen) who wants to move to Shoreline, WA. (basically Seattle), they haven't a rat's chance of getting this because the Commission has already ruled that they won't force Saga, owner of KAFE to sell to the KDUX people, for any amount of money. So, it's all up to Mid-Columbia and First Broadcasting. The Shame of this whole thing is that FB was antagonistic and arrogant with the MI school district from the start, instead of seeking an engineering solution and positive approach to the kids running KMIH. And let's not forget, there are teenagers involved here, your future radio and TV anchors, reporters, and engineers.