WASHINGTON, D.C. 20554 IN REPLY REFER TO: STOP CODE 1800B3 8910-REO John J. McVeigh, Esq. Bernstein & McVeigh 1818 N. Street, N.W. Washington, D.C. 20036 WBRX(FM), Patton, PA Request for Waiver of the Main Studio Rule Dear Counsel: This refers to the request dated March 3, 1995, filed on behalf of Sherlock Broadcasting, Inc. ("Sherlock"), that the Commission waive its main studio rule, 47 C.F.R. Sec. 73.1125, in order to permit station WBRX(FM), Patton, Pennsylvania to collocate its main studio with commonly owned FM station WBXQ, Cresson, Pennsylvania, which is outside of WBRX(FM)'s principal community contour, ("70 dbu contour") but is within the principal community contour of its booster station WBRX-FM1. In support of the instant request, Sherlock asserts that WBRX(FM)'s proposed use of the WBXQ studio would be consistent with the intent of the main studio rule because "the booster and the primary (WBXQ) city-grade service areas are ... equivalent to that encompassed by one aggregate principal community contour." Sherlock further asserts that one studio in the WBXQ/WBRX-FM1 city grade overlap area could serve both stations, ensuring the economic viability of station WBRX(FM), which was silent when Sherlock acquired it. Sherlock argues that collocation of its main studio would help relieve the station of the financial difficulties inherent to small markets. The purpose of the main studio rule is to ensure that broadcast stations fulfill their obligation to meet the needs and interest of the residents of the community of license. See Main Studio and Program Origination Rules for Radio and Television Broadcast Stations ("Report and Order"), 2 FCC Rcd 3215, 3217-18 (1987), mod. in part, 3 FCC Rcd 5024 (1988). The Commission has found that allowing a station to locate its main studio outside the community of license but within the principal community contour would achieve this goal, while also providing flexibility to the station. An FM station may obtain a waiver to locate its main studio outside the station's principal community only if good cause for doing so exists. See 47 C.F.R. Sec. 73.1125(a)(4). To demonstrate "good cause" applicants must show that there are no suitable studio locations anywhere within the station's principal community contour or that other "uniquely compelling reasons" support a waiver. See Report and Order, supra. In addition to this showing, the applicant must show that a waiver would serve the public interest. See, e.g., Maines Broadcasting, Inc., 8 FCC Rcd 5501 (1993); WAVY Television, Inc., 102 FCC 2d 1538 (1985). We believe that the circumstances presented here do not warrant a waiver of the rule. Sherlock has made no attempt to demonstrate that there are no suitable main studio locations within WBRX(FM)'s actual principal community contour, and we do not agree that the principal community contour may be expanded for purposes of the main studio rule by reference to the booster station's principal community contour. The rules which provide for the location of a booster within the broader 60 dbu contour of the primary station respond to topographical and other limiting factors which confront affected broadcasters and allow them to supply "fill-in" service to remote service areas. Such rules must be distinguished from the main studio rule, which limits the location of the main studio to the principal community, or 70 dbu contour area, in order to promote and ensure the accessibility of the station to its listening audience. Sherlock asserts that the Commission has waived the one-to-a- market rule to allow the acquisition of a "failed station," i.e. one that has been silent for more than four months. However, the Commission has not adopted a similar "failed station" waiver standard applicable to the main studio rule. In this regard, Sherlock's general assertions concerning economic difficulties facing small market stations are insufficient to demonstrate uniquely compelling circumstances that would justify a waiver of the rule. Moreover, Sherlock has failed to provide documentation relative to the financial difficulties of the station to support its waiver request. In view of the above, Sherlock's request for waiver of 47 C.F.R. Sec. 73.1125 is, in all respects, DENIED. Sincerely, Linda Blair, Acting Chief Audio Services Division Mass Media Bureau
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