FCC Rejects Challenge To New Illinois Noncommercial FM
August 5, 2013 at 4:38 PM (PT)
The FCC has denied the objections of CHICAGO PUBLIC MEDIA and FAITH EVANGELICAL LUTHERAN CHURCH to the grant of a minor modification of the construction permit for BVM HELPING HANDS noncommercial WSFI/ANTIOCH, IL.
BVM won the CP in 2010 in a mutually exclusive group with CPM's application for a new FM at KENOSHA, WI. After winning the CP and after CPM's initial appeal was denied, CPM filed an Application for Review, which remains pending. On JUNE 20, 2012, BVM filed a modification application to ask for a "RALEIGH Waiver" to allow overlap with noncommercial BURLINGTON AREA SCHOOL DISTRICT noncommercial WBSD/BURLINGTON, WI, a third-adjacent channel station; the appeals by CPM and FAITH allege a lack of timeliness (the underlying CP not having been finalized), that the application is a prohibited contingent application, mistakes in the engineering submission, and a failure to demonstrate a lack of other transmitter sites that would meet spacing requirements. CPM also argued that BVM should not be allowed to improve its competitive position by a post-filing upgrade, and FAITH alleged that BVM is financially unqualified to build the station, which CPM augments with the allegation that BVM's tax forms show unauthorized control by "mysterious funders."
The FCC said that CPM and FAITH had confused finality of the CP with effectiveness, which the Commission said BVM's CP had achieved upon release of the grant; that BVM had met the criteria for a RALEIGH waiver; and that BVM had stated that it is not asking for additional points in the comparative process from its post-filing upgrades.