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

AUG 1 4 2014
FCC MaH Room

In re Application of
Portland Russian Media Center,
Applicant,

File No. BNPL-2013 11 13AED
Facility ID No. 193303

For an Original LPFM Construction Permit
(Form 301)

-o
cc

To: The Media Bureau

PETITION TO DENY OF
TILE REED INSTITUTE

By:

Alan Kom, Esq.
Law Office of Alan Kom
1840 Woolsey Street
Berkeley, CA 94703
Ph. 510/548-7300
Fax 510/284-3750
Its Attorney

August 8, 2014

The Reed Institute ("Petitioner"), by its attorney, submits this petition This
Petition to Deny against the application by Portland Russian Media Center ("PRMC")
shown in the caption (BNPL-20131 1 13AED; Facility ID 193303).
Petitioner and PRMC are the only two tentative selectees in Group No. No. 282,
Memorandum Opinion and Order released on July 9, 2014. See Commission IdentfIes
Tentative Selectees In 79 Groups Of Mutually Exclusive Applications Filed In The LPFM
Window; Announces A 30-Day Petition To Deny PeriodAndA 90-Day Period To File
Voluntary Time-Share Proposals And Major Change Amendments, FCC 14-96 (released
July 9, 2014) ("Selection Order"), Exhibit A at lines 250-252. Petitioner has standing to
file this Petition because it is mutually exclusive (BNPL-20 1311 O4ATH, Facility ID
193599). This Petition is filed pursuant to 47 U.S.C. Section 309(d) and Section
73.7004(b) of the Commissions Rules and Regulations.
Petitioner contends the application should be dismissed on the basis that PRMC
cannot provide reasonable assurance of access to its proposed antenna site. Coordinates
provided in the PRMC application identifi the antenna as located on the premises of
Glenfair Elementary School, a public school located in Portland, Oregon and a member
of the Reynolds School District. However, the Reynolds School District has been unable
to confirm that PRMC has pennission to use the Glenfair Elementary School premises to
locate its proposed transmitter.
ANALYSIS
I.

PRMC LACKS REASONABLE ACCESS TO THE PROPOSED ANTENNA
SITE IDENTIFIED IN ITS APPLICATION
An applicant seeking a new broadcast facility must, in good faith, possess

'reasonable assurance' of a transmitter site at the time it files its application. Port Huron
Family Radio, Inc., Decision, 66 RR 2d 545 (1989); Radio Delaware, Inc. Memorandum
Opinion and Order, 67 RR2d 358 (1989). While some latitude is afforded such
reasonable assurance, the Commission requires at least a "meeting of the minds"
resulting in some firm understanding as to the site's availability. Genesee

PETITION TO DENY OF THE REED INSTITUTE - PAGE 1

communications, Inc., Memorandum and Order, 3 FCC Rcd 3595 (1988). The
reasonable assurance standard satisfied by "{s]ome clear indication from the landowner
that he is amenable to entering into a future arrangement with the applicant for use of the
property as its transmitter site, on terms to be negotiated{.]" Elijah Broadcasting Corp.,
Memorandum Opinion and Order, 5 FCC Rcd 5350, 5351 (1990).
More recently, in a Memorandum Opinion and Order dated March 24, 2010, the
Media Bureau ruled that NCE applicants Les Seraphim lacked reasonable assurance with
respect to a tower space that petitioner claimed was full, without room for additional
antenna. In the Matter of Les Seraphim and Mana'o Radio, DA 10-49 1 (March 23,
2010). Citing on tower owner's email stating "I cannot guarantee space for your
proposed project at any given time, It is only a possibility at this time", the Media Bureau
found no meeting of the minds resulting in a firm understanding of the proposed site's
availability. Because "a mere possibility that the site will be available is not sufficient,"
the Media Bureau dismissed the Les Seraphim application which had been tentatively
selected to receive a permit for a new NCE station. Accordingly, something more than a
mere possibility of the availability of the site is necessary.
Here, PRMC is also unable to provide reasonable assurance to use the proposed
transmitter site at Glenfair Elementary School in Portland, Oregon. As set forth in the
attached Declaration of Josie Aris, neither the Superintendent's Office nor the Operations
Department of the Reynolds School District in Fairview, Oregon is aware of any
proposed broadcast antenna to be located on the premises of Glenfair Elementary School.
Because PRMC cannot establish reasonable assurance with respect to its proposed
transmitter site, the Media Bureau must dismiss its application for a permit to construct a
LPFM station, with Petitioner entitled to the award of a Construction Permit as a
"singleton" applicant.

. See https://apps.fcc.gov/edocspublic/attachmatch/DA- 10-491 Al .pdf
PETITION TO DENY OF THE REED INSTITUTE - PAGE 2

CONCLUSION
For the above reasons, Petitioner respectfully requests that the Commission
reverse PRMC' s tentative selection as a co-equal time share with Petitioner's application.
Because PRMC lacks reasonable assurance as to its proposed transmitter site, the
application must be dismissed. For this reason, Petitioner is the prevailing party and
entitled to the award of a Construction Permit as a "sigleton" applicant.
itted,

Attorney for Petitioner

PETITION TO DENY OF THE REED INSTITUTE - PAGE 3

DECLARATION OF JOSIE AllIS

I, Josie Aris, declare as follows:
I currently reside in the city of Walnut Creek, California. This declaration is
1.
submitted in support of the Petition to Deny of The Reed Institute against Portland Russian Media
Center, BNPL-20131 1 13AED; Facility ID 193303 ("COT")
On August 6, 2014, I telephoned the Reynolds School District Superintendent's
2.
Office and spoke with Connie Philibert, executive assistant to the Superintendent. During our
conversation I asked who I should speak with about a proposed broadcast transmitter at Glenfair
Elementaiy School. Ms. Philibert indicated she knew nothing about it, and said if anybody would
know, it would be the School District's Operations Department.
On August 6, 2014, I then spoke by telephone with Chris Houck of the Operations
3.
Department of the Reynolds School District in Fairview, Oregon. During that telephone
conversation Ms. Houck indicated she was unaware of any proposed broadcast antenna to be
located on the premises of Glenfair Elementary School.
I hereby state under penalty of perjury that the foregoing is true and correct.
Executed on August 8, 2014

Josi

CERTIFICATE OF SERVICE
On August 8, 2014, the above PETITION TO DENY was served by Jnited States
Mail, postage prepaid, to the following:
Donald E. Martin, P.C.
P.O. Box 8433
Falls Church, VA 22041
Peter Doyle, Chief
Audio Division, Media Burueu
Federal Communications
12th Street S.W.

Washington, D.C. 20554