Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

SE

In re: Application of

FCC

Weber State University
for Extension of Special Temporary Authority
KWCR-FM 88.1 MHz
Ogden, UT

File No BESTA - 2013091 8AEG
Facility ID No. 71394
)

To: Chief, Media Bureau, Federal Communications Commission;
Federal Communications Commission, Audio Division; Dale Bickel, Federal Communications
Commission.
PETITION TO DENY EXTENSION OF SPECIAL TEMPORARY AUTHORITY
Donald Lynn Hullinger (Herein referred to as 'The Petitioner") respectfully petitions to deny
the above captioned application. As is demonstrated below, grant of this application is prima
fade inconsistent with rules established pertaining to grant of Special Temporary
Authorization. This petition is submitted pursuant to Section 309(d) of the Communications
Act, 47 U.S.C. Sec. 309(d) and Section 73.3584 of the Commission's Rules and Regulations,
47 C.F.R. Sec. 73.3584, is timely, and the petitioner has standing because he has previously
worked for this station and is a regular listener of the station.
INTRODUCTION
This petition challenges the extension of temporary authority BSTA-20120402AJF which was
granted on 415/2012 (having been extended by BSTA - 201 20927ALY & BESTA 201 30320ADV) to Non-Commercial Educational station KWCR-FM (Herein referred to as "the
Licensee") which is licensed to Ogden, UT. The basis of this challenge is that this station has
failed to meet the criterion needed for grant of an STA as well as the grant of the extension of
an STA, and therefore with new facts brought to light to the commission, this extension should
be scrutinized and after review of stated facts, denied based on the original STA being
granted under circumstances which were not clear.
Circumstances NOT beyond Licensees Control
According to FCC policy, Site Changes for antenna structures must meet 4 criteria.
1. Loss of the licensed site must be beyond the licensee's control.
2. STA facilities must continue to provide service to the licensed community.
3. STA facilities must maintain, as closely as practicable, the licensed service area without
extending it.

Jm

4. STA facUities cannot involve the construction of towers intended for permanent use by
the station requesting the STA.
The petitioner contends the loss of the Licensed Site was NOT beyond the Licensee's control
in the fact that they had years of advanced notice of what was going to happen. The petitioner
believes this because the Licensee's Management knew as far back as 2008, when Weber
State University's Housing Master Plan was devised and later finalized, that Promontory
Tower, the building in which the licensees transmitting equipment was located, would be
demolished and that they would lose their tower site.
This means that Station Management had approximately 4 years between when it was known
that the building in which their tower was located was going to be demolished and when the
building was demolished in the summer of 2012 to find a new place and construct a new
tower. This period was more than ample time to find a new site and construct a new tower.
The Licensee will argue that in 2010 they filed for a construction permit to permanently move
the transmitter but that never came to fruition as they were never able to successfully
negotiate a contract on the proposed site. This means the licensee is asking the commission
to believe it took approximately 2 years to decide on this site and that the following 2 years of
negotiations failed resulting in an emergency loss of their ability to broadcast. This does not
seem a likely scenario.
A more likely scenario is that the stations management procrastinated and did not make
enough effort to resolve this situation in which they knew approximately 4 years before the
structure in which their tower resided was going to be demolished.

Not making sufficient substantial progress
Commission policy states that requests for extension of STA will be granted only where the
licensee can show that one or more of the following criteria have been met:
1. Restoration of licensed facilities is complete and testing is underway;
2. Substantial progress has been made during the most recent STA period toward
restoration of licensed operation; or
3. No progress has been made during the most recent STA period far reasons clearly
beyond the licensees control, and the licensee has taken all possible steps to expeditiously
resolve the problem.
First, the petitioner contends that the first criteria has not been met by the Licensees own
admission that the administration has yet to finalize a new location for the new broadcast
antenna.
Second, the petitioner also contends that the licensee has not made "substantial progress"
toward restoration of licensed operation. This is demonstrated by the licensee stating in the
previous 2 extension requests, BSTA - 201 20927ALY and BESTA 201 220130320ADV, that
"The school administration has not made a final determination on a new on campus

permanent location.'
Third the petitioner contends that the licensee does not meet the third criteria for reasons
listed in the above section and that it has been 17 months since the original STA was granted
and the administration has still not made a final decision as to where to place the new
broadcast tower; this indicates that the licensee is
expeditiously moving to resolve the
problem. This clearly is
beyond the licensees control as the licensee and the
administration are the same organization who has had ample time not only to decide where to
place the tower and perform steps required to restore normal operation.

Conclusion
If the first section of this petition is not ample to prevent this STA extension, then the second
part surely must be. I cannot reiterate enough that the licensee has had more than ample time
(approximately 4 years) from when they learned that their transmitter site was being
demolished to actual loss of that site to change transmitter locations and since the loss of the
site they have had more than ample time (approximately 17 months) to decide on at least
where to put the new permanent transmitter, if not more.
The plain and simple fact is, that in a way, the licensee is expecting the commission to clean
up their mess by requesting STA's over and over. In the petitioner's opinion, the only way to
truly make the licensee correct the problem in an expeditious manner is to deny the STA
extension, forcing them off the air until such time as they can restore permanent licensed
facilities.

Thank You,

Donald Lynn Hullinger Jr.

Affidavit

2:
)

The State Of Utah

)SS
County of Salt Lake

I, Donald Lynn Hullinger Jr. of West Jordan, Utah, MAKE OATH AND SAY THAT:
1. I, Donald Lynn Hullinger of West Jordan, UT am a regular listener and previous
Student Employee of KWCR-FM. As Such, I am a party of Interest, have standing, and
have a real stake in the outcome of the renewal of this stations license.
2. I certify that the allegations and statements made in this Petition to Deny are true and
correct to the best of my knowledge.

SUBSCRIBED AND SWORN TO
BEFORE ME, on the
20th day of September, 2013

Notary Public

onald Ly nne'

My Commission Expires

p

p

-

p

-

_.

-

p p p

ANDREA CALIXTO
Notary Pubtic
State of Utah
Comm. No. 510149
My Comm. Expires Jul 8. 2015

a_.

'

CERTIFICATE OF MAILING

c
r

r

r-

I, Donald Lynn Hullinger, hereby certify that I have this day served the foregoing document
upon the parties of record set forth below by mailing a copy thereof, properly addressed by
first class mail to:

KWCRFM
2188 University Circle
Ogden, UT 84408

DATED this

20th

day of September, 2013.

X&JLJj'
Donald Lynn Hul1inge Jr.
5558 Shadberry Cir,
West Jordan, UT 84081