FCC Rejects '04 NPR Challenge To EMF Translator

FCC Says No

The FCC Media Bureau finally rules on NATIONAL PUBLIC RADIO's APRIL 26, 2004 Petition for Reconsideration of the grant of EDUCATIONAL MEDIA FOUNDATION's application for a new FM translator at NEW ALBANY, IN, dismissing the petition as procedurally defective.

NPR complained that the new translator's 100 dBu interfering contour site entirely within the 60 dBu protected contour of KENTUCKY PUBLIC RADIO noncommercial WFPL/LOUISVILLE.  KPR lost its own appeal of the ruling and chose not to seek further reconsideration, but NPR filed its own petition, acknowledging that it had not participated earlier in the case but claiming that it could intervene on behalf of any of its member stations.  NPR also said that it could not intervene earlier because it could not have anticipated another ruling (the LIVING WAY MINISTRIES, INC. case) that applied to the case, and could not anticipate a new U/D signal strength ratio methodology.

The Media Bureau decided that NPR did not show good reason for its failure to participate earlier in the proceeding, and that the petition itself was repetitious and failed to cite changed facts and circumstances warranting review.

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