FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET SW
WASHINGTON DC 20554
MEDIA BUREAU
AUDIO DIVISION
APPLICATION STATUS: (202) 418-2730
WWW.FCC.GOV/media/radio/audio-division

ENGINEER: Dale Bickel
TELEPHONE: (202) 418-2706
FACSIMILE: (202) 418-1410
E-MAIL: dale.bickel@fcc.gov

October 31, 2016
MTD, Inc.
P.O. Drawer 2010
Ruidoso Downs, NM 88346
Re:

KTUM (FM), Tatum, NM
MTD, Inc.
Facility Identification Number: 88798
Special Temporary Authority
BSTA-20161020ABB

Dear Licensee:
This is in reference to the request filed October 20, 2016 on behalf of MTD, Inc. (“MTD”). MTD
requests Special Temporary Authority (STA) for continued operations at reduced power, until a
replacement transmitter can be delivered and installed.
Section 73.1560(d), which governs reduced power operation, states:
In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced
power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will
exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, Attention: Audio Division (radio) or
Video Division (television), Media Bureau, not later than the 10th day of the lower power operation. In the event that normal
power is restored within the 30 day period, the licensee must notify the FCC of the date that normal operation was restored.
If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special
Temporary Authority (see Section 73.1635) must be made to the FCC in Washington, DC for additional time as may be
necessary.

The request for STA IS GRANTED. Station KTUM may continue to operate at reduced power as
needed. MTD must notify the Commission when licensed operations resume. MTD must use whatever
means are necessary to protect workers and the public from radiofrequency exposure in excess of the
Commission's exposure guidelines. See 47 CFR § 1.1310.
This authority expires on April 29, 2017.
--------------------

STA Advisory: Section 309(f) of the Communications Act of 1934, as amended, authorizes the
Commission to grant STA in cases of "extraordinary circumstances requiring temporary authorizations
in the public interest and when delay in the institution of the temporary operations would seriously
prejudice the public interest." However, Section 309(f) is not a means by which a licensee/permittee
may circumvent established processing procedures which require the filing of an application, nor is it a
means by which a broadcaster may enhance his facility or make operation more convenient for the
broadcaster. Stations operating with less than licensed facilities under temporary authorities can be
viewed as receiving the benefit of a larger protection area than that in which they are currently providing
service.
Accordingly, Special Temporary Authorities by nature are to be temporary and are not intended for
extended use. Licensees of stations operating under temporary authorities are reminded that timely
restoration of permanent facilities is the responsibility of the licensee and should be undertaken
expeditiously. Any request for extension of special temporary authorities carries an increased burden
with each subsequent request.
Therefore, 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:
• Restoration of licensed facilities is complete and testing is underway;
• Substantial progress has been made during the most recent STA period toward restoration of
licensed operation; or
• No progress has been made during the most recent STA period for reasons clearly beyond the
licensee's control, and the licensee has taken all possible steps to expeditiously resolve the
problem.
Sincerely,

Dale Bickel
Senior Engineer
Audio Division
Media Bureau
cc: Cary S. Tepper (via e-mail only)

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