FEDERAL COMMUNICATIONS COMMISSION
445 12th Street, SW.
Washington, DC 20554
MEDIA BUREAU
AUDIO DIVISION
TECHNICAL PROCESSING GROUP
APPLICATION STATUS: (202) 418-2730
HOME PAGE: www.fcc.gov/media/radio/audio-division

PROCESSING ENGINEER: Larry Hannif-Ali
TELEPHONE: (202) 418-2143
FACSIMILE: (202) 418-1410
MAIL STOP: 1800B3
INTERNET ADDRESS: Larry.Hannif-Ali@fcc.gov

May 29, 2020
Winchester Radio Broadcasters, LLC
P.O. Box 367
Haddon Heights, NJ 08035-0367

In re: NEW(FM), Front Royal, VA
Facility ID No. 202519
BNPFT-20180501ABU
Petition to Deny
Dear Applicant:
The staff has under consideration: (1) the above-captioned application as amended on
November 6, 2019, for a new translator in Front Royal, Virginia; (2) the Petition to Deny
(Petition) filed by Tidewater Communications, LLC (Tidewater) on May 22, 2018; (3) the
September 4, 2019, staff letter to Tidewater requesting additional information to supplement
its Petition in light of the Commission’s revised FM translator interference standards1; and
(4) all related pleadings. For the reasons set forth herein, we deny the Petition to Deny and
grant the application.
In the Petition to Deny and Supplement, Tidewater purports that the proposed translator will
cause interference to listeners of WSVA(AM) over co-owned W221CF, Harrisonburg,
Virginia on channel 221 (BMLFT-20180124AAO) and violate 47 C.F.R. Section 74.1204(f)
of the Commission’s Rules.
The Petition to Deny was pending on August 13, 2019, when the revised Section 74.1204(f),
governing predicted interference rules, came into effect. When it revised its translator
interference rules, the Commission provided that “complaints that have not been acted upon
as of the effective date of the rules adopted in this Report and Order will be decided based on
the new rules. If necessary, parties will be given an opportunity to submit supplemental
materials to address the revised rules adopted herein.” Accordingly, on September 4, 2019,
the Bureau notified Tidewater that it had 30 days to bring the Petition to Deny into
compliance with the updated translator interference complaint requirements. On October 3,
2019, Tidewater filed its Supplement, including 18 listener complaints. Tidewater also filed
1

See Letter to Gary S. Smithwick, Ref. 1800B3-LH-A (MB rel. Sept. 4, 2019) (Staff Letter); see also
Amendment of Part 74 of the Commission’s Rules Regarding FM Translator Interference, Report and
Order, 34 FCC Rcd 3457 (2019) (Translator Interference Order).

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its Further Supplement to Petition to Deny (Further Supplement) on December 12, 2019,
including 21 listener complaints.
On November 6, 2019 Winchester Radio Broadcasters, LLC (WRB), amended its application
to modify its antenna pattern so that there is no overlap between the proposed 25 dBµ
interfering contour and the 45 dBµ service contour of W221CF.
In its Further Supplement, Tidewater reiterates its position that the proposed translator will
cause interference to listeners of WSVA(AM) over co-owned W221CF, Harrisonburg,
Virginia. Tidewater provides: (1) declarations of 21 allegedly unaffiliated listeners; (2) a
map showing the locations of these listeners who either live in or travel through a zone of
predicted interference outside the 45 dBμ service contour of W221CF; (3) a statement that
W221CF is operating within its licensed parameters; (4) a statement that Tidewater has used
commercially reasonable efforts to inform WRB of the claimed interference and attempted
resolution of the interference; and (5) an engineering statement, purportedly using the
standard contour prediction methodology specified in the revised Rules to demonstrate the
relative field strengths of the “undesired” and “desired” signals at the listener locations.
Tidewater also requests a waiver of the 45 dBμ contour limit to allow it to continue
broadcasting to listeners outside the W221CF 45 dBμ service contour. In support of its
waiver request, Tidewater states that due to the relatively flat terrain of the North Fork
Shenandoah River Valley, W221CF has been providing fringe coverage to areas outside the
45 dBμ service contour. Tidewater also maintains that W221CF has been broadcasting from
its current location since January 2014.
In promulgating the revised Section 74.1204(f) of the Rules, the Commission states that “an
application for an FM translator station will not be accepted for filing even though the
proposed operation would not involve overlap of field strength contours with any other
station, as set forth in paragraph (a) of this section, if grant of the authorization will result in
interference to the reception of a regularly used, off-the-air signal of any authorized cochannel, first, second or third adjacent channel broadcast station, including previously
authorized secondary service stations within the 45 dBµ field strength contour of the desired
station.” Interference is demonstrated by: (1) the required minimum number of valid listener
complaints as determined using Table 1 of Section 74.1203(a)(3) and defined in Section
74.1201(k) of the part; (2) a map plotting the specific location of the alleged interference in
relation to the complaining station's 45 dBµ contour; (3) a statement that the complaining
station is operating within its licensed parameters; (4) a statement that the complaining
station licensee has used commercially reasonable efforts to inform the relevant translator
licensee of the claimed interference and attempted private resolution; and (5) U/D data
demonstrating that at each listener location the undesired to desired signal strength exceeds 20 dB for co-channel situations, -6 dB for first-adjacent channel situations or 40 dB for
second- or third-adjacent channel situations, calculated using the Commission's standard
contour prediction methodology set out in Section 73.313 of the Rules.2
To the extent Tidewater seeks a waiver of Section 74.1204(f), the Rules may be waived for
only good cause shown.3 The Commission must give waiver requests “a hard look,” but an
2

See 47 CFR § 74.1204(f) (2019).

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47 CFR § 1.3

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applicant for waiver “faces a high hurdle even at the starting gate”4 and must support its
waiver request with a compelling showing.5 Waiver is appropriate only if both: (1) special
circumstances warrant a deviation from the general rule; and (2) such deviation better serves
the public interest.6 Tidewater has not presented any special circumstances that warrant a
waiver, nor has it explained how the public interest will be served by such a waiver
(emphasis added). Tidewater merely states that is has been providing continuous service
since 2014 and that it has more than 20 listeners outside the 45 dBµ contour. Therefore, we
will deny the Petition and grant the application.
Accordingly, the May 22, 2018, Petition to Deny filed by Tidewater Communications, LLC,
IS HEREBY DENIED and the application BNPFT-20180501ABU IS HEREBY GRANTED.
This action is taken pursuant to 47 C.F.R. § 0.283.

Sincerely,
/s/
James D. Bradshaw
Senior Deputy Chief
Audio Division
Media Bureau
cc: Gary S. Smithwick
Edward A. Schober

4

WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (WAIT Radio) (subsequent history omitted).
Greater Media Radio Co., Inc., Memorandum Opinion and Order, 15 FCC Red 7090 (1999) (citing
Stoner Broad. Sys., Inc., Memorandum Opinion and Order, 49 FCC 2d 1011, 1012 (1974)).
6
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008) (NetworkIP); Northeast Cellular Tel.
Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
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