FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET NW
WASHINGTON DC 20554
MEDIA BUREAU
AUDIO DIVISION
APPLICATION STATUS: (202) 418-2730
HOME PAGE: WWW.FCC.GOV/MMB/ASD/

JUN 1 3 2012

PROCESSING ENGINEER: Khoa Tran
TELEPHONE: (202) 418-2700
FACSIMILE: (202) 418-1410
MAIL STOP: 1 800B3
INTERNET ADDRESS: khoa.tran@fcc.gov

Music That Matters, Inc.
P.O. Box 272
Green Bay, WI 54307
In re: WOVM(FM), Appleton, WI
Facility ID No. 26786
Music That Matters, Inc.
BPED-20120320ADW
Dear Applicant:
This letter is in reference to the above-captioned minor change application to change effective
radiated power and class. WOVM also requests waiver of the contour overlap provisions of 47
C.F.R § 73.509. For the reasons stated below, we grant WOVMs waiver request and the
application.
Waiver Request
An engineering review of the application reveals that WOVM's proposed facilities would result
in prohibited contour overlap with the second-adjacent channel Class A license (BLED19930818KB) and construction permit (BPED-20090804ACN) of WEMY(FM), Green Bay, WI,
in violation of § 73.509. Specifically, the proposed protected contour (60 dBu) totally
encompasses the interfering contour (100 dBu) of WEMY. WOVM recognizes this violation and
requests waiver of the contour overlap provisions of § 73.509.
In support of thewaiver request, WOVM states that it will not cause interference to WEMY.
WOVM claims that the grant of this waiver will extend its overall coverage area by 3,758 square
kilometers, an increase of 66%. In addition, WOVM believes that it will provide new service to
an estimated 576,355 persons, an increase of 91%. WOVM also indicates that this benefit
heavily outweighs the potential for interference in a total area that constitutes less than 1% of the
station's proposed service area. Furthermore, WOVM cites Educational Information
Corporation, 6 FCC Rcd 2207 (1991), as evidence of the Commission's willingness to consider
waivers of such overlap in certain instances. Finally, WOVM considers the affected area to be de
ininimis, and when considered along with the increased service area, WOVM concludes that
waiver of Section § 73.509(a) is warranted in this case.
Discussion
WOVM's request to receive second-adjacent channel overlap is similar to the request submitted
by WCPE(FM), Raleigh, NC in the Educational Information Corporation case. In that case it
was stated that:

The Commission has long recognized the unique characteristics of the
noncommercial service and the need for flexibility to respond to the growing
demand for such service. We are also more sensitive today to the increasing
limitations within the reserved band which reflect the increased demand for
service over the last 30 years. For these reasons, we are now inclined to grant
waivers of second or third adjacent channel overlap in circumstances such as
WCPE's, where the benefit of increased noncommercial educational service so
heavily outweighs the potential for interference in very small areas. However,
because of the concern for the ability of the stations causing interference to make
any future changes in their own facilities, as discussed below, we believe that the
waiver of interference received must be granted with the acknowledgement that
future modifications proposed by the affected licensees will not be construed as a
per se modification of the waiver recipient's license.
Accordingly, in light of the Commission's policy on this matter, the requested waiver of 47
C.F.R. § 73.5 09 will be granted.
Conclusion
We have afforded the request for waiver of §73.5 09 the "hard look" called for under WAITRadio
v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), and find that the facts and circumstances presented in
the applicant's justification is sufficient to establish that grant of the requested waiver would be
in the public interest. Accordingly, WOVM's request for waiver of § 73.5 09 IS HEREBY
GRANTED. Furthermore, application File No. BPED-20120320ADW IS HEREBY GRANTED
subject to the following condition:
Further modification of WEMY(FM), Green Bay, WI (Facility ID# 69196) will
not be construed as aper se modification of WOVM's construction permit
(BPED-20 1 20320ADW).
(See Educational Information Corporation, 6 FCC Rcd. 2207 (1991)).

The authorization is enclosed. These actions are taken pursuant to 47 C.F.R. § 0.283.

Sincerely,

Rodolfo F. Bonacci
Assistant Chief
Audio Division
Media Bureau
cc: Mark B. Dembo, Esq.