Federal Communications Commission
Washington, D.C. 20554

December 18, 2014
In Reply Refer to:
1 800B-IB
Ms. Emily French
3094 Stark Street
Eugene, OR 97404
Ms. Jennifer Logan
408 Elm Street
Phoenix, OR 97535
Mr. Cohn hines
868 NE Liberty
Portland, OR 97211
Mr. Dave Rivard
605 Highway 422
Chiloquin, OR 97624
Cary S. Tepper, Esq.
Booth, Freret, Imlay & Tepper, PC
49000 Auburn Aye, Suite 100
Bethesda, MD 20814
David Oxenford, Esq.
Wilkinson Barker Knauer, LLP
2300 N Street, N.W., Suite 700
Washington, DC 20037
re:

Calvary Chapel of Twin Falls, Inc.
Applications to Renew Licenses of
30 Oregon Broadcast Stations
Educational Media Foundation
Applications to Renew Licenses of
23 Oregon Broadcast Stations

Dear Objectors and Counsel:
We have before us timely-filed license renewal applications (the "Applications") for 53
noncommercial educational ("NCE") FM and FM translator stations (the "Stations") in Oregon, each
licensed to Calvary Chapel of Twin Falls, Inc. ("Calvary") or Educational Media Foundation ("EMF").
Also before us are objections filed by four Oregon residents (collectively the "Objections" and the
"Objectors")' each raising virtually identical program-related concerns to applications for a subset of the
1 Each of the Objections was styled as a "Petition to Deny." We will, however, treat each as an informal objection
because none is supported by an affidavit, signed, and verified, as required of petitions. 47 C.F.R. § 73.3587.

Stations: Emily French ("French") to six EMF stations near Eugene; Jennifer Logan ("Logan") to five
EMF stations near Medford; Dave Rivard ("Rivard") to four EMF stations near Kiamath Falls; and Cohn
Innes ("hines") to eight EMF stations in the Portland region and also to 30 Calvary stations throughout
the state.2 The Appendix to this order identifies each station, its respective objector, and licensee. EMF
and Calvary each filed oppositions. The Objectors filed a consolidated reply. For the reasons below, we
deny the Objections and grant the Applications.
Background. Informal objections to license renewal applications must provide properly
supported allegations of fact that, if true, would establish a substantial and material question whether
grant of the application would be prima facie inconsistent with Section 309(k) of the Act.3 We must grant
a renewal application if, upon consideration of the application and pleadings, we find that: (1) the station
has served the public interest, convenience, and necessity; (2) there have been no serious violations of the
Act or the Rules; and (3) there have been no other violations which, taken together, constitute a pattern of
abuse.4 The Commission cannot consider whether licensing another party might be preferable.5
Objectors allege that the Stations have not served the public interest due to a lack of local
programming on the Stations, which are licensed to communities in Oregon but operate within networks
that rebroadcast distant stations. In particular, each of the Oregon primary stations at issue has a
condition on its authorization waiving the "Main Studio Rule,"6 thereby allowing each to operate as a
"satellite" of co-owned NCE stations in California (EMF) or Idaho (Calvary). The programming is
further distributed over FM translators within each network. Objectors allege that this structure has
resulted in automated facilities that are "neglecting to cover issues pertinent to the community"7 because
they have "no local public affairs coverage."8 Objectors argue that the concept of service to a local
community is "meaningless" if it can be met without any "local-specific" programs.9 Objectors further
argue that it is an abuse of the Commission's processes for EMF and Calvary to have received main
2 limes attempted to challenge the applications of three more Calvary translator stations: K2O6EH, Sprague River,
K29 1BL, Powell Butte, and K238AL, Reedsport. The Bureau, however, granted those applications in January 2014,
believing them uncontested, in part due to a typographical error in call sign. The Bureau's action was harmless error
given our fmding herein that the same allegations are insufficient against other Calvary stations.
47 U.S.C. § 309(e) and (k).
47 U.S.C. § 309(k)(1).
Id. at § 309(k)(4).
6

C.F.R. § 73.1125(a).
FrencWLogan/Rivard Objections at 1.

limes Calvary Objection at 3; limes EMF Objection at 4. limes further alleges that the Stations emulate
commercial stations in that they "merely play music, provide biased editorials, [and] promote calls to action" and
have thus "abused their noncommercial educational status." Id. The primary limitation on NCE stations is that they
cannot air promotional announcements for for-profit entities in exchange for remuneration, something Objectors
have not demonstrated for any of the Stations. See 47 U.S.C. § 399B; 47 C.F.R. § 73.503(d). Moreover, while there
is no prohibition on an NCE licensee airing music in furtherance of its non-profit purpose, Innes's unsworn
contention that Calvary broadcasts only music appears incorrect. Calvary submits a sworn declaration from its CEO
that none of its programs are musical. Calvary Opposition at 4; Exhibit 1.
Innes Calvary Objection at 4; limes EMF Objection at 5; FrenchlLoganlRivard Objections at 5.

studio waivers based on limited funding when EMF and Calvary each has millions of dollars in revenue
and assets.'° Objectors further contend that the Stations are "redundant," "taking channels that could be
used for LPFM service." They suggest that we either deny renewal or renew without the existing
waivers. EMF and Calvary each responds that it is fully compliant with Commission requirements and
has met its obligation to air programs responsive to important local issues.'2
Discussion. The Commission's role in programming matters is quite limited due to First
Amendment principles affording freedom of speech without government intervention. A licensee of a full
service broadcast station must air non-entertainment programming of its own choosing in response to
issues and problems of the community of license.'3 This obligation applies to each full service station
regardless of whether it has obtained a main studio wajver.'4 Licensees have broad discretion to choose,
in good faith, which issues to address and the type of responsive programming to air, and such programs
need not be produced locally.15 Full service NCE licensees must place lists of their most significant
issue-responsive programming in a public inspection file every three months.'6 A full service station

'° Innes Calvary Objection at 6; Innes EMF Objection at 8; French Objection at 7; and Logan/Rivard Objections at
8, each citing www.charitynavigator.org.
"Innes Calvary Objection at 2, 7. Objectors also criticize Commission policies. They allege that the public interest
standard is not adequately defined (Innes Calvary Objection at 4; limes EMF/FrenchlLogan!Rivard Objections at 5);
that FM translators operate inconsistently with the original intent of the service (limes Calvary Objection at 8;

Rivard Objection at 7; French Objection at 8-9; and Tunes EMF /Logan Objection at 9); that the Commission does
not adequately verif' compliance by stations with main studio waivers (lnnes/EMF /Frencb/LoganlRivard
Objections at 6), and that main studio waivers have outlived their usefulness (limes Calvary Objection at 3; limes
EMF/FrenchlLoganlRivard Objections at 4). Such arguments do not address a particular station's compliance with
existing rules, advocating instead for rule changes applicable to all. Such matters would be more appropriately
raised and considered in a rulemaking proceeding.
12 EMF states that its local public affairs managers conduct quarterly local interviews and surveys, that it
incorporates the results in news and public affairs programming, and airs spots featuring local non-profits and
ministries. EMF Opposition at 6, n.20. EMF also relies upon a 30-minute program "Closer Look" aired on Sunday
evenings, daily live news programming, and an hourly, 60-second spot "Teacher Feature." EMF states it has
covered such issues as at-risk local youth, crime prevention by senior citizens, the role of volunteer firefighters, and
animal safety. Id. at 5. Similarly, Calvary states that its local representatives hold local meetings and advise
Calvary on local issues as well as community and church local events which are announced on air. Calvary
Opposition at 5. Calvary further states that it airs two daily weekday shows that originate from Oregon:
"Searchlight" from Applegate and "the Way, The Life, The Truth" from Coos Bay. Id. at 4. Calvary also relies
upon its coverage of topics such as marriage, counseling, anti-abortion, raising children, health, and mental illness.
' Issue-responsive programming may include, but is not limited to, public affairs, public service announcements,
editorials, free speech messages, community bulletin boards, and religious programs. See Commercial TV Stations,
Memorandum Opinion and Order, 98 FCC 2d 1076, 1087 n.35 (1984). It may also include, although not primarily,
news. See Alianza Federal de Mercedes v. FCC, 539 F.2d 732, 735 n. 25 (D.C.Cir.1976).

" Issue-responsive programming is not part of the Commission's renewal analysis for FM translator stations
because translators have neither the authority to originate programming nor any associated obligation.
15 Commercial TV Stations, 98 FCC 2d at 1085 n. 28
16

C.F.R. § 73.3527(e)(8)(i).

without a local studio must assist the public to access that information by mail and telephone,17 and
maintain a local or toll-free telephone number.'8 The Commission will not intervene absent a showing
that the broadcaster was unreasonable or discriminatory in its selection of issues or offered such nominal
levels as to have effectively defaulted on its obligation.'9
We find that the Objectors do not make aprimafacie case that EMF's or Calvary's program
judgments were unreasonable. As EMF and Calvary correctly observe, the Objections are insufficient
because they consist largely of conclusory allegations without underlying factual evidence.20 For
example, while Objectors' initial filings allege a lack of programming responsive to local issues, they do
not acknowledge specific issues/programs that each licensee has listed in the Stations' public files, or
explain why that programming is inadequate. Objectors, in a consolidated reply pleading ("Reply"),
explain for the first time that they listened "over several days," "on a daily basis in December 2013 at
different times to sample programming and heard no public affairs coverage," and further enunciate the
type of desired programming for which they were monitoring.2' Even if we were to consider this new
information which, as EMF points out, should have been raised in the initial pleadings, the information
does not establish that the licensee abused its discretion. A station might, for example, meet its obligation
in a manner other than public affairs programming because, as noted earlier, issues of public importance
may also be addressed in many other types of programs. Also, Objectors do not provide adequate details
about their brief study from which the Bureau or the licensees might determine whether their sample was
adequate and representative of offerings during the license term. The alleged Oregon listener sample is
far less detailed than one previously conducted in Pennsylvania which the Commission nevertheless
found inadequate to demonstrate abuse of discretion.22 Further, Objectors in referencing their desire for
"local-specific" programming similar to that one might find on LPFM stations, seem to believe
incorrectly that only hyper-local programming is responsive to local issues.23
For similar reasons, we reject Objectors' position that the licenses should not be renewed because
the Stations are "redundant" or "excessive." Objectors allege that Calvary and EMF each owns hundreds
of stations nationwide, many with overlapping contours.24 The Commission does not, however, limit the
'7d. at § 73.3527(c)(2).
at § 73.1125(e).
' Commercial TVStations, 98 FCC 2d at 1092-94. Deregulation of Radio, 84 FCC2d at 990-991. Petitioning
parties thus have a heavy burden to show that a licensee has abused its discretion over programming matters.
Commercial TV Stations, 98 FCC 2d at 1093-94.

20
Calvary Opposition at 4. EMF Opposition at 3-4. See also North Idaho Broadcasting Co, Memorandum
Opinion and Order, 18 FCC Rcd 1637, 1638 (1993).
21 See Reply at 3-4. EMF argues that we should strike the Reply because it makes new arguments that could have
been raised earlier. EMF Motion to Strike at 3, n.4 citing Lee G. Petro, Letter, 25 FCC Rcd 4486, 4488 (MB 2010).
225ee License Renewal Applications of Certain Commercial Radio Stations Serving Philadelphia, Pennsylvania,
Memorandum Opinion and Order, 8 FCC Rcd 6400, 6401 (1993).
23 See KGAN License, LLC, Memorandum Opinion and Order, 25 FCC Rcd 2549 (MB 2010) citing In the Matter of
Broadcast Localism, Notice of Inquiry 19 FCC Rcd 12425, 12431(2004) (programming not specifically produced
in or targeted at a local community may nonetheless serve the needs and interests of the community).

24 Innes EMF and Calvary Objections at 2; French/LoganlRivard Objections at 2-3.

number of full service NCE or FM translator stations that a single organization can own.25 If by
"redundant" Objectors mean that networked translator stations are retransmitting identical programming
whereas individual LPFM stations could originate a wider variety of programs, such matters would not be
cognizable in a license renewal challenge. The FCC designed the LPFM service to co-exist with existing
translator stations, not to replace them.26 The Commission will not take adverse action on a license
renewal application based on subjective determinations by listeners of what is good programming or
whether the offerings of another licensee might be better.27
We likewise find no merit in Objectors' position that EMF and Calvary have abused their
waivers. While Objectors are correct that the Commission has based main studio waivers on the limited
funding of NCE stations, this does not mean that licensees receiving waivers must be in abject poverty.
The Commission has recognized that NCE stations can benefit from centralized operations because they
generally have fewer resources available to them because NCE stations operate under a statutory
prohibition on selling commercial advertising.28 While Objectors briefly attempt to distinguish EMF and
Calvary from universities that have received main studio waivers, stating that the latter have lower
overhead, the distinction is not meaningful; the Commission has never granted or denied a main studio
waiver based on the size of a university's endowment or budget.29
Conclusion. Having found no evidence of rule violations by EMF or Calvary, and further
finding that the Stations have served the public interest, convenience, and necessity during the subject
license term, the Objections filed by Emily French, Jennifer Logan, Dave Rivard, and Cohn Innes ARE
DENIED. IT IS ORDERED that, pursuant to Section 3 09(k) of the Communications Act of 1934, as
amended, the license renewal applications listed in the Appendix to this letter ARE GRANTED.
Sincerely,

Chief, Audio Division
Media Bureau

25 With respect translators, the Rules provide that "more than one translator may be licensed to the same applicant,
whether or not such translators serve substantially the same area, upon an appropriate showing of technical need."
See 47 C.F.R. § 74.1232(b). Objectors have not shown that any of the co-owned translator stations at issue overlap
to such a degree as to serve "substantially the same area" and require a showing of technical need.
26 See generally Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 (2005).
27See WGBH Educational Foundation, Memorandum Opinion and Order, 69 FCC 2d 1250, 1251(1978).
28 See Main Studio and Local Public Inspection File of Broadcast Television and Radio Stations, Report and Order,
13 FCC Rcd 15691 (1998), recon. granted in part, 14 FCC Rcd 11113 (1999); Amendment of Sections 73.1125 and
73.1130 of the Commission's Rules, the Main Studio and Program Origination Rules for Radio and Television
Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5027 (1988); Board of Visitors ofJames
Madison University, Hearing Designation Order, 8 FCC Rcd 1751, 1752 (MTVIIB 1993).

29 See Innes EMF Objection at 8; French Objection at 8; Rivard Objection at 7. Nor is it an abuse, as Objectors
allege, for a studio-waived facility to insert station identification and other content at its local transmitter site.
Obtaining a waiver is not, as Objectors believe, an all-or-nothing proposition that prevents any local origination.

___________

Objector
Emily French
Emily French
Emily French
Emily French
Emily French
Emily French
Jennifer Logan
Jennifer Logan
Jennifer Logan
Jennifer Logan
Jennifer Logan
Cohn Innes
Cohn Innes
Cohn lnnes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Dave Rivard
Dave Rivard
Dave Rivard
Dave Rivard
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn hnnes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn lnnes

________

Call Sign
KGRI(FM)
K212BF
K214CI
K265DF
KLVU(FM)
K297AJ
K2O4CY
KJKL(FM)
K216DR
K243AF
KLMD(FM)
KZRI(FM)
KXPC(FM)
K224DL
K24OCZ
K242AF
K248BS
KLVP(FM)
K274AR
KYSF(FM)
K28OBW
K218EX
KKU(FM)
K247AQ
KDJC(FM)
K2O3DY
K2O1DV
K2O2DT
K218DP
K258AR
K216EH
KJCH(FM)

__________

Oregon City
Lebanon
Eugene
Eugene
Eugene
Sweet Home
Coburg
Medford
Selma
Central Point
Jacksonville
Talent
Sandy
Welches
Portland
Tigard
Portland
Newburg
Aloha
Gresham
Bonanza
Klamath Falls
Klamath Falls
Klamath Falls
Ashland
Baker
Baker City
Brookings
Canyonville
Cave Junction
Choverdale
Colton
Coos Bay

APPENDIX
Facility ID
91560
18844
60146
33071
23030
156460
86453
89860
88012
19556
166023
79245
91542
60136
144196
60141
84930
12501
60147
3462
28779
18853
79135
139138
121839
88518
77718
91875
90439
139549
91971
90263

File Number
BRED-20130927AFN
BRFT-20130927AKT
BRFT-20130927AKT
BRED-20130927AEE
BRED-20130927AEE
BRED-20130927AEE
BRED-20130927AEV
BRED-20130927AFL
BRFT-20130927AKT
BRED-20130927AFL
BRH-20130927ANS
BRED-20130927AEH
BRED-20130927ADZ
BRFT-20130927AF0
BRED-20130927AEH
BRED-20130927AEH
BRED-20130927AEH
BRH-20130927CDJ
BRED-20130927ADZ
BRED-20130927ADU
BRFT-20130927ADV
BRFT-20130927AKT
BRED-20130927AFF
BRFT-20130926AQD
BRED-20130926AMU
BRFT-20130926AQC
BRFT-20130926AQA
BRFT-20130926APZ
BRFT-20130926APY
BRFT20130926ANH
BRFT-20130926APX
BRED-20130926AMV

Licensee
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Educational Media Foundation
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.

Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn lnnes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn lnnes
Cohn lnnes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn Innes
Cohn lnnes
Cohn Innes
Cohn Innes

K271AR
K212AK
K273AJ
K207D0
K2O5DM
K2O2EH
K213CF
KQDL(FM)
KPIJ(FM)
K246BB
K220l1
K296BS
K276E0
K2O1DH
K288FT
K22OIN
KKJA(FM)
K214CM
K29OBK
K28OBK
K2O5EG

Coos Bay
Corvahis
Elwood
Florence
Glide
Gold Beach
Grants Pass
Hines
Junction City
Keno
Lakeview
Medford
Merlin
Pendleton
Portland
Portland
Redmond
Roseburg
Seaside
Selma
The Dalles

143727
72002
91973
93077
92498
90256
82789
174458
92491
139146
122157
71972
139145
77128
138942
121763
92285
77106
138665
71989
91527

BRFT-20130926AMW
BRFT-20130926APU
BRFT-20130926APS
BRFT-20130926APR
BRFT-20130926APQ
BRFT-20130926APP
BRFT-20130926AP0
BRED-20130926AMY
BRED-20130926ANG
BRFT-20130926APL
BRFT-20130926APJ
BRFT-20130926APH
BRFT-20130926APG
BRFT20130926APE
BRFT-20130926A0X
BRFT-20130926APD
BRFT-20130926ANA
BRFT-20130926APC
BRFT-20130926APB
BRFT-20130926APA
BRFT-20130926A0Y

Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.
Calvary Chapel of Twin Falls, Inc.