AM Clear Channels 1
AM Station, Class II Secondary
AM Station, Operating Hours
Application, Acceptance of
Coverage, Principal City
Daytime Station
Facility, Modification
Special procedures established for nighttime use of Bahamian,
Canadian and Mexican AM clear channels; licenses of existing
daytime stations on these channels modified to specify nighttime
operation; provision made for new fulltime stations and power
increases at night; city coverage requirement not applicable at night;
application acceptance criteria of § 73.37 waived.
-AM Clear Channels
MM Docket No. 84-281
FCC 85-224
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of
Nighttime Operations on Canadian, Mexican,
and Bahamian AM Clear Channels
MM Docket
No. 84-281
REPORT AND ORDER
(Proceeding Terminated)
Adopted: April 26, 1985; Released: May 7, 1985
By THE COMMISSION: COMMISSIONER RIVERA DISSENTING IN PART AND
ISSUING A STATEMENT.
Background
1. The Commission has before it the comments and reply comments!
filed in response to the March 15, 1984, Notice ofProposed Rule Making
in this proceeding (49 Fed. Reg. 18567, published May 1, 1984) proposing
to permit additional nighttime operations on channels designated as
1 A total of 34 parties submitted comments, and four parties submitted reply comments.
These parties are listed in Appendix B.
101 F.e.e. 2d
2 Federal Communications Commission Reports
Canadian, Mexican, and Bahamian Class I-A Clear Channels.
2
2. As the subject Notice indicated, international agreements have
imposed restrictions on the nighttime use of these 14 channels in the
United States. Thus, under the North American Regional Broadcasting
Agreement ("NARBA"), the Canadian Clear Channels could not be used
at night anywhere within 650 miles of the border with Canada, and the
Bahamian Clear Channel could not be used within 650 miles of any point in
the Bahamas. The 1968 Bilateral AM Agreement with Mexico is even
more restrictive. It precludes nighttime use of the Mexican Clear
Channels anywhere in the United States. This situation was expected to
change as a result of new international agreements which had been or
were being negotiated. Unlike these older agreements, the new agree 
ments were not expected to contain such restrictions.
3. The United States and Canada have signed a new bilateral AM
agreement which has replaced NARBA insofar as their mutual dealings
are concerned. Under this new agreement, there is no prohibition on the
establishment of nighttime operations in the border area on what had
been clear channels. Likewise, there is no such restriction in the Final
Acts of the Region 2 Administrative Conference (Rio de Janeiro, 1981) to
which the Commonwealth of the Bahamas is a signatory. As soon as the
Bahamas has implemented its intention to denounce NARBA and to be
bound by the Rio Agreement, the same situation will obtain in regard to
the Bahamian Clear Channel. In subsequent bilateral discussions with the
U.S., the Bahamas has confirmed this intention to take the necessary
steps in this regard. Finally, considerable progress has been made in
negotiations with Mexico in the development of a new AM agreement
which, among other things, is expected to permit new nighttime opera 
tions throughout the United States on the seven affected channels.
4. With the above developments in mind, the Commission issued the
Notice to obtain comments on the standards to be used in establishing
nighttime operations on these channels. Specific reference was made to
the criteria adopted by the Commission in its 1980 Clear Channel decision.
3
In that proceeding the Commission made it possible for additional Class II
stations to be established on the 25 U.S. I-A Clear Channels and set forth
the technical and eligibility rules governing applications for these new
2 The North American Regional Broadcasting Agreement designates seven frequencies
~~~~m~~~m~~~~~~~~~
Clear Channels and one frequency (1540 kHz) as a Bahamian Clear Channel. The United
States/Mexican Bilateral AM Agreement designates seven frequencies (540 kHz, 730
kHz, 800 kHz, 900 kHz, 1050 kHz, 1220 kHz, and 1570 kHz) as Mexican Clear Channels.
Because the frequency of 540 kHz appears on both the Canadian and Mexican lists, the
total number of frequencies involved is 14.
3 Report and Order in Docket No. 20642, Clear Channel Broadcasting in the AM
Broadcast Band, 78 F.C.C. 2d 1345 (1980), recon. denied, 83 F.C.C. 2d 216 (1980).
101 F.C.C. 2d
AM Clear Channels 3
Class II stations. In issuing the present Notice, the Commission noted the
relatively short time that had elapsed since adoption of the 1980 Report
and Order and asked commenting parties to express their views on
whether the relevant portion of the Section 73.37(e) standards adopted in
that proceeding should also be adopted here. Generally, under Section
73.37(e) of the Commission's rules, in order to be acceptable for filing,
applications must propose service to unserved or underserved areas or to
communities lacking sufficient local service.
4
In addition, on the U.S. I-A
Clear Channels, that section permits the acceptance of applications
proposing minority-owned stations or ones that would provide noncom 
mercial radio service.
5. Recently, the Commission issued a Notice of Proposed Rule
Making in MM Docket No. 85-39 proposing to delete the go/no-go
provisions of Section 73.37(e) which impose these acceptance criteria in
addition to interference protection standards. In that proceeding the
Commission is exploring whether these provisions continue to serve any
useful purpose in view of the fact that they block the establishment of
many otherwise acceptable applications on currently available spectrum
merely because they do not meet these criteria.
6. The Notice also directed attention to the technical characteristics
applicable to Class II-B proposals on the U.S. Clear Channels. Applicants
proposing to provide a first nighttime primary service to at least 25
percent of the area or population they would serve were permitted to
operate at night at a maximum power of 50 kW. These operations are
protected at night to the limit imposed by the co-channel Class I-A station
or the higher limit, if any, imposed by other previously authorized co 
channel stations. On the other hand, Class II-B applicants not able to meet
this standard were limited to 1 kW nighttime power and were normally
protected at night only to their 10 mV/m contour. Because of its
experience in the prior proceedmg, the Commission proposed a maximum
nighttime power of 1 kW on the foreign clear channels except where an
applicant proposes to provide a first nighttime primary service to at least
25 percent of its coverage area, in which case the maximum nighttime
power would be 50 kW. As with the U.S. clear channels, nighttime
protection normally would be to the 10 mV/m and 2.5 mV/m contours,
respectively. However, unlike the action in Docket No. 20642, the
4 Subparagraph (i) of Section 73.37(e) specifies that at least 25 percent of the area or
population to receive interference-free primary nighttime service does not receive such
service from an existing AM station or from any FM station with a signal strength of 1
mV/ m or greater; subparagraph (ii) specifies that the community designated in the
application must be provided with a first or second aural nighttime service and no FM
channel is available for use in the community, and subparagraph (iii) specifies that at
least 20 percent of the area or population of the designated community receives fewer
than two aural services at night and no FM channel is available for use in the community.
101 F.e.e. 2d
4 Federal Communications Commission Reports
Commission did not here propose to protect any Class II station at night to
a contour of less than 2.5 mVIm.
5
7. Finally, although the Commission, in Docket No. 20642, did not
separately designate Class II stations based on power limitations and
protection standards, in the Notice in this proceeding it proposed to
amend the Rules by designating those Class II stations operating at 1 kW
and protected to their 10 mV1m contours as "Class II-C." All other new
full-time Class II stations, i.e., those providing wider area service, would
be designated "Class II-B." These designations would be applicable to all
the Class II full-time stations that had been or would be authorized on the
domestic Class I-A clear channels and to the new stations to be
established on the newly available foreign clear channels that are the
subject of this proceeding.
Comments
8. By far, the majority of comments in response to the Notice were
submitted by or on behalf of daytime-only stations. They argued that the
Commission should use this opportunity to authorize nighttime service by
existing daytime-only stations on the affected foreign clear channels.
They opposed use of the acceptance criteria which had been proposed, as
this would deny the opportunity for full-time operation for many daytime 
only stations. Several of these commenters point out that daytime-only
stations suffer a competitive disadvantage vis-a-vis full-time AM and FM
facilities and, due to their limited operating hours, have difficulty
providing effective service to their communities. Although they acknowl 
edge the efforts of the Commission to alleviate their plight through post 
sunset operation, they continue to face serious problems. Daytime-only
stations are said to render valuable service to their communities despite
being unable to reap the benefits of full-time operation. Thus, they are
seen as appropriate beneficiaries of the newly available spectrum.
9. Proponents for daytime-only stations note that unlike the situation
relating to domestic clear channels in Docket No. 20642, many daytime 
only stations already operate on the affected foreign clear channels. As a
result, these frequencies cannot be used to any significant degree to
respond to the need for new stations. They also contend that application of
the proposed acceptance criteria would not accomplish the desired results,
as there are few unserved areas which would be able to support a station.
Moreover, the Associated Communications Corporation and United Broad 
casting Company contend that there will be a way of meeting these needs
5 The Commission indicated in the NoUce that, as a practical matter, it did not expect that
this would significantly affect the ability to provide wide-area service, as few new
stations were anticipated to be able to achieve nighttime limits less than 2.5 mV1m due to
the large number of foreign stations thatll.re already operating on the channels involved.
101 F.e.e. 2d
AM Clear Channels 5
through new FM stations to be authorized as a result of Commission
action in BC Docket No. 80-90.
6
10. Other comments took a different view, asserting that not enough
new stations had been created as the result of the Commission's Clear
Channel decision in Docket No. 20642. For example, the National Black
Media Coalition ("NBMC") argues that few minority stations were
created and that the need for minority stations has remained unmet.
Moreover, NBMC notes that many of the stations created as a result of
new FM assignments in BC Docket No. 80-90 will be in small communities
with little minority populations. Finally, a few commenters suggest that
preferential treatment should be afforded to stations which filed expres 
sions of interest in the course of bilateral negotiations with Canada.
National Radio Broadcasters Association ("NRBA") would eliminate all
threshhold criteria and replace them with standards based solely on
interference considerations. The Association for Broadcast Engineering
Standards suggests adoption of an additional alternative acceptance
criteria for daytime-only stations in order to encourage "full-time service.
11. In addition to alternative procedures to implement night service by
existing daytime-only stations on the Canadian, Mexican, and Bahamian
Clear Channels, various parties offered sugg-estions on the power levels
which should be permitted. Some believe that nighttime operating powers
of up to 5 kW are warranted in order to provide improved service. In this
regard, WGSM Radio, Inc., points to the example of Canada and Mexico,
both of which permit greater power than was proposed in the Notice.
Others would allow nighttime operation at a power up to that authorized
for daytime hours, while the NAB would allow any power that is
consistent with the Region 2 Agreement. NAB criticizes the lkW
proposal as wasteful of spectrum resources and as failing to take full
advantage of international agreements authorizing nighttime operation.
Finally, various suggestions related to establishment of the normally
protected contour ranged from 2.0 mV1m to 10 mV1m. Necessarily, the
higher the protection level, the fewer the services that would be possible.
Discussion
12. In order to evaluate the various possible uses of these frequencies,
it was necessary to perform intensive and wide-ranging studies to
examine the potential value these frequencies could have in responding to
various types of requirements.
7
They were designed to determine whether
6 Modification ofFM Broadcast Station Rules to Increase the Availability ofCommer 
cial FM Broadcast Assignments, 94 F.C.C. 2d 152 (1983), recon. denied, FCC 84-65,
March 1, 1984.
7 The following studies were initially performed by the Commission on sample foreign clear
channels: (1) daytime service and interfering contours of existing daytime-only and
fulltime stations were plotted (using the M3 map of ground conductivity). This showed the
101 F.C.C. 2d
6 Federal Communications Commission Reports
these frequencies lend themselves to the establishment of new full-time
operations, or could be better used to make it possible for daytime-only
stations to operate at night. It also was important to see if it would be
possible to harmonize these two apparently conflicting goals. As these
studies were completed, several points became clear. In much of the
country, particularly the populous areas, these frequencies could not be
used to create new stations, full-time or otherwise, without causing
destructive interference to the existing daytime-only and full-time sta 
tions on the channels.
8
In these areas, the only choice is permitting the
channels to be used at night by the daytime-only stations or allow the
frequencies to lie fallow in major portions of the country. Obviously, the
latter course would serve no useful purpose. Moreover, it would unneces 
sarily limit daytime-only stations in their efforts to compete more
effectively in the marketplace and thereby enhance their ability to serve
the public.
13. Although the above situation applies in much of the country, there
are areas where new full-time stations could be established.
9
Here, too, no
purpose would be served by imposing acceptance criteria. Because the
areas in which these new stations would be located are concentrated in the
unserved or underserved portions of the country, acceptance criteria are
not needed to funnel growth toward areas of greatest need. Moreover,
these frequencies would continue to be available for minority or public
radio applicants.
14. Having decided that the frequencies can be used to establish new
stations as well as give nighttime operation to daytime stations, the
Commission needs to decide how best to accomplish these purposes. This
requires consideration of the interrelated matters of the power to be used
and the interference protection to be afforded. In addition, consideration
must be given to the administrative mechanisms to be employed to bring
about the desired result. Each of these points requires separate treat 
ment. The arrangements to be applied to daytime-only stations will be
extent to which the channel already was used; (2) this, in turn, made it possible to identify
areas where existing operations do not preclude addition of new stations daytime; (3) to
determine the potential for nighttime operation, the nighttime RSS limits of daytime-only
stations on the sample frequencies which result from existing domestic and foreign
stations were calculated, and (4) the potential for new stations was examined by selecting
for study hypothetical locations in the open areas determined in (2), above, and RSS limits
at such points were computed. The summary results of these studies are set forth in
Appendix C.
8 Appendix C illustrates the limited areas in which new AM stations could be established on
the frequencies without causing such interference.
9 Although it would be possible to create new daytime-only stations in these areas, such a
result would only perpetuate the problem of stations that are unable to compete
effectively because of limits on their hours of operation. As a result, the rules will make it
clear that new daytime proposals on these frequencies will not be accepted for filing.
lOlF.C.C. 2d
AM Clear Channels 7
described first. Then, it will be possible in the subsequent discussion to
contrast the treatment to be afforded proposals for new stations on these
channels.
Technical Criteria
15. Only in limited areas would it be possible to establish new full-time
stations. Even in such locations, protection requirements to existing
foreign and domestic fulltime stations preclude use of the frequencies for
higher powered stations. Allowing such higher power also would not
provide for an efficient distribution of facilities because the typically high
limits on these channels preclude effective wide-area service. Further,
allowing these stations to seek higher power is not feasible in view of
their proximity to one another and could have the effect of precluding
otherwise possible nighttime operations by other daytime-only stations.
This has led the Commission to conclude that stations operating on the
affected foreign clear channels should be permitted to operate at night,
ultimately with maximum power of 1 kW, if consistent with applicable
nighttime protection requirements. However, as described below, during a
five-year transitional period, a 500-watt limit would apply.
16. The next point to consider is the signal level to protect after the
transitional period comes to an end. Considering the existing channel
loading and the limited potential for use of these frequencies makes it
clear that it would be inappropriate to protect low nighttime signal levels.
Moreover, such protection is not possible if daytime-only stations are to be
able to operate at night. Protecting low limits is equally infeasible in other
areas as well. Our studies have indicated that interference from existing
foreign and "domestic full-time stations would typically limit nighttime
service from existing daytime-only stations (as well as new full-time
stations) to their 10 mV1m contours or higher. Accordingly, we have
concluded that these stations should be normally protected at night to
their 10 mV1m contours. Also, we believe that a minimum power of 250
watts is required in order to be entitled to protection. The nighttime power
limits being adopted here are the same as the Commission generally made
applicable to stations seeking to operate on the 25 domestic Class I-A
channels which were the subject of Commission action in Docket No.
20642.
10
Further, the 10 mV1m contour that Class II stations here must
protect each other to is identical to that which the Commission determined
in Docket No. 20642 to be the optimal balance between adequate service
areas and maximum number of stations.
10 See: Section 73.21(a)(ii)(C) and (D) of the Rules. Stations providing wide area service to
underserved areas as provided in §73.37(e)(i) were allowed to operate at higher nighttime
power levels.
101 F.e.e. 2d
8 Federal Communications Commission Reports
17. In establishing these standards we were mindful of the fact that
there will be two categories of stations operating at night on these
frequencies. Some will come from the new full-time operations made
possible by the changed status of these frequencies. By far, the larger
portion will be former daytime-only stations which will be operating at
night for the first time. In fact, all of these stations will be able to operate
at night if they choose to do so. Necessarily, there will be restrictions
imposed on these stations by virtue of their need to protect existing full 
time stations on the channel, both foreign and domestic. There would be
additional effects if these daytime-only stations were required to protect
one another at night. However, that would produce major complications
and delays in implementing the new rules. Considerable cost would be
involved for each station in determining just what protection to provide,
and this protection could change with each grant that was made. Finally,
as appendix C indicates, in most cases this is an unnecessary matter in any
event because of existing elevated levels of interference.
18. For some daytime-only stations, the need to provide protection at
night to full-time stations will have little or no effect. For others, it can
mean that a substantial reduction in power would be needed when using
existing antenna systems, often to a level well below the 250 watt
minimum power specified by the Commission's rules. Whatever view we
might take in regard to authorizing such low power for new stations, the
fact is that for these daytime-only stations, such nighttime power can be
justified in terms of the channel loading that already exists and the
service these stations can be expected to provide. While that service may
indeed be limited, the only other choice is to preclude such service entirely,
and that would unfairly deprive these stations and their communities of
needed service at night. Thus, during the implementation described below,
daytime stations can be authorized nighttime operation and new fulltime
stations can be established, but in both cases, nighttime protection to one
another will not be required. Thereafter, protection to at least some of the
nighttime operations would be warranted. Although it is feasible to allow
low power operation, the studies have shown that it would not be feasible
to protect these operations having less than 250 watts. As a result,
stations that operate with 250 watts or more at night will become
protected under the procedures described below, but those that operate
with lesser power levels will not be protected now or in the future. In
order to obtain such protection, these stations will need to follow the
prescribed procedures for increasing power and acquiring protection
thereby. Alternatively, they can continue to operate at lower power levels
without protection.
19. From now on, neither the new fulltime stations or the daytime 
only stations obtaining nighttime operation by virtue of the procedures
101 F.e.e. 2d
AM Clear Channels 9
outlined below will be subject to the requirements of Section 73.240} of
the rules regarding city grade coverage at night. To apply these
provisions to the daytime-only stations would be impractical in light of the
reduced nighttime power required to protect the full-time foreign and
domestic co-channel stations and the limited flexibility that many daytime 
only stations will have in designing new antenna systems. In addition, it is
possible that daytime-only stations will receive high limits and for that
reaspn may be unable to serve their entire community. Although it is
appropriate to require new stations to comply with city coverage
requirements daytime, it is not possible to do so at night without creating
conflicts with other applications. The absence of a city coverage require 
ment at night does not represent an ideal situation. Nonetheless, as with
the matter of authorized power, insisting on compliance with the
Commission's coverage rules at night will defeat the opportunity for new
nighttime services.
Implementation
20. There can be no question that the expeditious authorization of
nighttime service on the foreign clear channels here is in the public
interest. Accordingly, the Commission has devoted considerable effort to
the formulation of a procedure which can effectuate such service in the
most efficient manner. Two points became clear immediately. Implemen 
tation would be delayed considerably if it had to be handled entirely by
traditional application processes. Perhaps even more important, the initial
step for permitting nighttime operation by daytime-only stations requires
engineering calculations of great complexity. Requiring each party to
perform these calculations would impose an enormous burden on appli 
cants. Then, the Commission would be faced with verifying these
calculations before granting the necessary authorization. The problem can
be overcome if the Commission performs the calculations itself using the
existing daytime or Canadian restricted antenna system and notifies each
station of the power it can use. Such a procedure would parallel the one
utilized by the Commission in its post-sunset power calculations for these
same stations.u
21. Likewise, there is no need for the Commission to insist on the
filing of applications to acquire this nighttime authorization. Instead, it
can follow the same Show Cause Order approach that was used to bring
about the Class IV AM nighttime power increases. In the present case,
this involves the issuance of a Show Cause Order to each affected
daytime-only station telling it that, absent objection, its license will be
modified to specify nighttime operation with the power specified. Some
11 It will be possible for Class U-S stations to continue to utilize these secondary
authorizations which were calculated based on full protection.
101 F.C.C. 2d
10 Federal Communications Commission Reports
stations may not choose to utilize this opportunity because they consider
the power to be below their needs or because they do not wish to comply
with the minimum operating requirements which will apply to these
nighttime operations. Other stations may wish to use this authority but
may need a delay before operation could begin. To deal with these
problems the following procedure will be used. Stations will have one year
from the date of the Show Cause Order in which to begin operation at
night. Although it is under no obligation to operate under this authority, it
will expire under its own terms if not used by then. In addition, before
such operation can begin, the licensee will have to indicate its intention to
do so and to provide limited engineering data about the operation. Then,
operation can begin immediately upon sending this information·to the
Commission.
22. During a five-year period after the issuance of the Show Cause
Orders, the station may continue to operate at night with the power set
forth in the Show Cause Order. It also may file an application to increase
that power up to a maximum of 500 watts but not to exceed its authorized
daytime power.
12
In doing so it will be necessary to protect the fulltime
domestic and foreign stations now operating. However, it will not be
necessary to provide nighttime protection to the new stations to be
authorized or to the nighttime operations of other former daytime-only
stations. Likewise, a newly authorized station seeking a subsequent
increase in nighttime power to 500 watts is subject to the same
interference protection requirements. This situation will continue for five
years to provide ample opportunity for any desired increases in power.
Instead of making a change on its current channel, it may conclude that it
is preferable to propose operation on another channel. Such applications
will be acceptable for filing, and will be treated in the same fashion as
applications for new stations on those channels. Finally, as noted earlier,
only stations that initially obtain operation with 250 watts or more or
subsequently increase to that level will be entitled to protection after this
five-year period ends.
23. After this five year period ends, two basic changes will occur.
First, the maximum nighttime power will be increased to 1 kW, and
existing stations will be able to propose increasing their power to this
level. However, all existing nighttime operations of 250 watts or more will
be protected from additional interference. This includes the former
daytime-only stations. In addition, applications for new stations can
12 Because of the special circumstances presented by this case, it is appropriate to provide a
partial exception to the requirement that power increase applications must specify an
increase of a specific percentage. A former daytime station may seek a lesser increase so
long as that increase is sufficient to bring it to the protected level of 250 watts or more.
101 F.e.e. 2d
AM Clear Channels 11
continue to be filed, and they will be subject to the same requirements as
to power level and interference protection.
24. The Commission intends that nighttime operations on the affected
foreign clear channels be effectuated as soon as practicable. Since an
appropriate bilateral agreement with Canada has been reached, the
amendments to the Rules as they apply to the Canadian Clear Channels
herein will be effective as of the date indicated below.
13
However, since
bilateral negotiations with Mexico and with The Bahamas are in progress,
the effective date of the amendments as they apply to the Mexican
14
and
Bahamian Clear Channels will be as announced subsequently.
25. Glass /l-G Designations. There is one final matter to consider.
Consistent with the Commission's proposal as set forth in the Notice, the
Class II stations operating on the 25 domestic clear channels which were
the subject of Commission action in Docket No. 20642 will be redesignated
as either "Class II-B" or "Class II-C", as the case may be. Specifically,
those Class II stations operating at up to 50 kW and accepted in
accordance with Section 73.21(a)(ii)(D) of the rules will be designated
"Class II-B,"15 while those accepted on the basis of Section 73.21(a)(ii)(C)
of the rules will be designated "Class II-C." Although this specific
proposal to redesignate these channels was not addressed in the com 
ments, it appears, as it did previously, prudent to do so in the interest of
clarity. Further, all daytime-only stations that elect to operate nighttime
and new fulltime stations that are granted on these foreign Clear
Channels will be designated as "Class II-C" stations if they utilize 250
watts or more at night. Those using a lower nighttime power will be
designated as "Class II-S" stations.
Paperwork Reduction Act
26. The action contained herein has been analyzed with respect to the
Paperwork Reduction Act of 1980 and found to contain no new or
modified form, information collection and/or record keeping, labelling,
disclosure, or record retention requirements; and will not increase or
decrease burden hours imposed on the public.
Regulatory Flexibility Analysis
L Need and Purpose of the Rules
These rules are designed to permit daytime-only AM broadcast stations
operating on Canadian, Mexican, and Bahamian Clear Channels to provide
nighttime service. Additionally, these rules provide power and protection
standards as well as a procedure for implementing such service and
13 This does not include 540 kHz.
14 This includes 540 kHz.
15 This includes applications on file as of the effective date of the rules being adopted in
this proceeding, to which the current standards would continue to be applied.
101 F.e.e. 2d
12 Federal Communications Commission Reports
standards. Finally, Class II stations operating on both domestic and
foreign clear channels are designated according to their operating powers.
The new rules can be expected to benefit many small entities, particularly
daytime-only stations which will obtain nighttime operating authority for
the first time.
II. Summary ofIssues Raised by Public Comment in Response to the
Initial Notice of Proposed Rule Making
No issues of significance were raised in addition to those set forth above.
III. Significant Alternatives Considered and Rejected
Alternative procedures regarding implementation of nighttime service on
the foreign clear channels here, including application of the threshhold
criteria provided in Section 73.37(e) of the Commission's Rules, have been
considered and rejected for the reasons set forth above. Similarly,
alternative technical standards regarding power limitations and protec 
tion have been found to be inappropriate for the reasons indicated.
27. Accordingly, IT IS ORDERED, That Part 73 of the Commission's
rules IS AMENDED effective June 3, 1985, as set forth in Appendix A.
28. IT IS FURTHER ORDERED, That this proceeding IS TERMI 
NATED.
29. Authority for this action is contained in Sections 4(i), 303 and
307(b) of the Communications Act of 1934, as amended.
30. For further information concerning this proceeding, please contact
Joel Rosenberg, (202) 634-6530, or Jonathan David (202) 632-7792, both of
the Policy and Rules Division, Mass Media Bureau.
FEDERAL COMMUNICATIONS COMMISSION
WILLIAM J. TRicARICO, Secretary
•Appendix B-may be seen in FCC Dockets Branch, 1919 M Street, N.W., Washington, D.C.
101 F.e.e. 2d
AM Clear Channels
Appendix A
13
1. 47 C.F.R. Part 73 is amended by revising paragraph (a) of Section 73.21 to read as follows:
§73.21 Classes of AM broadcast channels and stations.
(a) • • •
(2) Class II station. A class II station is a secondary station which operates on a clear
channel (see §73.25) and is designed to render service over a primary service area which is
limited by and subject to such interference as may be received from Class I stations.
Whenever necessary a Class II station shall use a directional antenna or other means to avoid
interference with Class I stations and with other Class II stations, in accordance with §73.182
(and §73.22 in the case of Class II-A stations). Class II stations are divided into five groups:
(i) • • •
(ii) Class /l-B station. A Class II-B station is an unlimited time Class II station other than
those included in Class II-A, II-C, and II-S. Except as subparagraphs (a)(2)(ii)(A) and (B) of this
section provide otherwise, a Class II-B station shall operate with a power not less than 0.25
kW nor more than 50 kW.
(A) Class II-B stations authorized before June 1, 1985, to operate on any of the 25 Class I
channels listed in §73.25(a) shall operate with the powers authorized as of June 1, 1980, or
such other power as the Commission may subsequently authorize. Class II-B stations on these
channels authorized after June 1, 1980, in the contiguous 48 states, must meet the
requirements for primary service set out in §73.37(d)(2)(i).
(B) Class II-B stations authorized before , 1985, to operate on any of the 14
channels listed in §73.25(c) shall operate with the powers authorized as of June 3, 1985, or
such other power as the Commission may subsequently authorize during Stage 3 or the
process described in §73.357(d)(4).
(iii) Class II-C station. A Class II-C station is an unlimited time Class II station which
operates with a daytime power of not less than 0.25 kW nor more than 50 kW and a nighttime
power of not less than 0.25 kW nor more than 1 kW as follows:
(A) Class II-C stations authorized after June 1, 1980, on the 25 channels listed in §73.25(a)
are those which do not meet the requirements for primary service set out in §73.37(e)(2)(i).
(B) Class II-C stations authorized after June 3, 1985, on the 14 channels listed in 73.25(c).
(iv) Class /l-D stations. A Class II-D station is a Class II station operating daytime or
limited time. A Class n-D station shall operate with power not less than 0.25 kW nor more
than 50 kW.
(v) Class /l-S stations. Class II-S stations are former Class n-D stations which have been
authorized limited power operation during nighttime on the 14 channels listed in §73.25(c).
Class n-s stations operate with power less than 250 watts nighttime without protection from
interference.
2. 47 C.F.R. Part 73 is amended by revising paragraph (j) of Section 73.24 to read as follows:
§73.24 Broadcast facilities; showing required.
101 F.C.C. 2d
14 Federal Communications Commission Reports
(j) That the 5 mV1m contour (or, at night, the interference-free contour, if of a higher field
strength) encompasses the entire principal community to be served. For Class II-C and II-S
stations on the 14 frequencies listed in §73.24 (c) it is not necessary to demonstrate the ability
to provide such coverage during nighttime operation.
3.47 C.F.R. Part 73 is amended by revising paragraphs (a), (b) and (c) of Section 73.25 and by
deleting paragraphs (d) and (e) of that Section to read as follows:
§73.25 Clear channels: Classes and II stations.
(a) •
(2) • • •
(i) • • •
(ii) Additional unlimited time Class II-B and II-C stations authorized after June 1, 1980.
(iii) • • •
Note 1: • • •
Note 2: See the U.S.lMexican Agreement concerning Mexican use of 660, 760, 830, 1020,
1030, and 1180 kHz.
(b) • • •
Note: Until superseded by a new agreement, protection of the Bahama Islands shall be in
accordance with NARBA. Accordingly, Class I and Class II stations on 1540 kHz shall deliver
not over 4 uV1m groundwave or 25 uV1m skywave at any point of land in the Bahama Islands
and such stations operating nighttime (i.e., sunset to sunrise at the location of the U.S. station)
shall be located not less than 650 miles from the nearest point of land in the Bahama Islands.
Also see paragraph (c) for additional provisions relating to Class II stations on this frequency.
(c) For Class II stations on 540, 690, 730, 740, 800, 860, 900, 990, 1010, 1050, 1220, 1540,
1570, and 1580 kHz. Effective June 1, 1985, no applications for new Class II-D stations will be
accepted on these channels.
Note 1: The U.S.lMexican Agreement is undergoing renegotiation. Until the new
Agreement is completed, no applications involving new nighttime operation or major change
in existing nighttime operation on 540 kHz except for Alaska, or on 730, 800, 900, 1050, 1220,
and 1570 kHz will be accepted for filing. Also, pending completion of negotiations with the
Commonwealth of the Bahamas, 1540 kHz is subject to the same restrictions.
4. 47 C.F.R. Part 73 is amended by revising paragraphs (a) and (e) of Section 73.37 to read as
follows:
§73.37 Applications for broadcast facilities, showing required.
(a) Except as indicated in other paragraphs of this section, no application will be accepted
for a new station (or change in frequency of an existing station) if the proposed operation
would involve overlap of signal strength contours with any other station as set forth below in
this paragraph; and no application will be accepted for a change (other than a change in
frequency) of the facilities of an existing station (including the daytime facilities of an
existing Class II-A station) if the proposed change would involve such overlap where there is
not already such overlap between the stations involved:
101 F.C.C. 2d
AM Clear Channels
Frequency separation Contour of Proposed
new station
(Classes Il-B, Il-G,
Il-D, [[-S' Ill, and IV)
mV/m
Co-channel 0.005
0.025
0.5
10 kHz...................................... 0.5
20 kHz..................................... 2
25
30 kHz..................................... 25
Contour of any
other station
0.1 mV1m (Class 1)
0.5 mV/m (Other classes)
0.025 mV/m (All classes)
0.5 mV/m (All classes)
25 mV/m (All classes)
2 mV/m (All classes)
25 mV/m (All classes)
15
(e) In addition to a demonstration of compliance with the requirements of paragraphs (a),
and as appropriate, (b), (c) and (d) of this section, an application for a new AM broadcast
station, or for a major change (see §73.3571(a)(1) of this chapter) in an authorized AM
broadcast station, as a condition for its acceptance, shall make a satisfactory showing, if new
or modified nighttime operation by a Class II or Class III station is proposed, that
objectionable interference will not result to an authorized station as determined pursuant to
§73.182(o) of this chapter. Separate interference requirements are applicable to Class II-C and
Class II-D stations on the 14 frequencies listed in §73.25(c). In addition, for all classes of
stations on these 14 frequencies, except Class II-C or II-S, a satisfactory showing is required
as indicated below for the' kind of application submitted.
(1) • • •
(2) • • •
(i) - (iii) • • •
(iv) That minority persons hold over 50% of the ownership interests in the applicant for a
Class II-B or Class II-C station on one of the 25 Class I channels listed in §73.25(a), or,
(v) That the applicant proposes to operate a Class II-B or Class II-C station noncommercial 
lyon one of the 25 Class I channels listed in §73.25(a).
Note Applications for new Class II-D or Class II-S stations on the 14 frequencies listed in
§73.25(c) are not acceptable for filing. However, applications for changes in the facilities of
existing Class II-D or Class II-S are acceptable for filing, subject to the limitations specified in
§73.3571 of this chapter.
5. 47 C.F.R. Part 73 is amended by renumbering subparagraph (f)(2)(iii) of Section 73.51 as
(f)(2)(ii) and by revising the text of this subparagraph to read as follows:
§73.51 Determining operating power.
(f) • • •
(1) • • •
(2) • • •
(i) • • •
101 F.e.C. 2d
16 Federal Communications Commission Reports
Class of
amplifier
1 kW or less
2.5 kW and over
0.25 kW and over
0.25 kW and over
0.25 kW and over
Plate
Plate
Low Level
Low Level
Grid
Factor (F)
0.70
.80
'.35
.65
.35
(ii) The value determined by reference to the following table:
Method of Maximum Rated
Modulation carrier power
1 All linear amplifier operation where efficiency approaches that
of class C operation
6. 47 C.F.R. Part 73 is amended by revising subparagraph (c)(l) of Section 73.99 to read as
follows:
§73.99 Pre-Sunrise service authorization (PSRA) and Post-Sunset service authorization
(PSSA).
(c) • • •
(1) Class II-D stations located on Mexican, Bahamian, and Canadian Class I-A and I-B
Clear Channels to commence PSSA operation at sunset times specified in their basic
instruments of authorization and to continue for two hours after such specified times. In
addition, Class II-S stations may operate pursuant to their Post-Sunset authority in lieu of
their licensed nighttime power.
7. 47 C.F.R. Part 73 is amended by revising subparagraph (a)(iii) of Section 73.182, and by
adding new subparagraph (a)(iv) and a Note to read as follows:
73.182 Engineering standards of allocation.
(a) • • •
(2) Class II stations are secondary stations which operate on clear channels with powers
not less than 0.25 kW nor more than 50 kW, except that Class II-A stations shall not operate
nighttime with less than 10 kW; Class II-C stations shall not operate nighttime with more than
1 kW, and Class II-S stations shall operate nighttime with less than 250 watts. Class II
stations are required to use directional antennas or other means to avoid causing interference
with the normally protected service areas of Class I stations or other Class II stations. (For
special rules concerning Class II-A stations, see 73.22.) These stations normally render
primary service only, the area of which depends on the geographical location, power, and
frequency. This may be relatively large but is limited by and subject to such interference as
may be received from Class I stations. However, it is recommended that Class II stations be so
located that the interference received from other stations will not limit the service area to
greater than 2.5 mV1m groundwave contour nighttime and 0.5 mV1m groundwave contour
daytime, which are the values for the mutual protection of this class of stations with other
stations of the same class. There are four exceptions:
(i) • • •
101 F.C.C. 2d
AM Clear Channels 17
(iii) Class H-C stations are normally protected at nighttime to their 10 mV1m groundwave
contour, or the higher limit if any imposed by previously authorized facilities of other stations.
(iv) Class H-S stations are not protected from interference during nighttime.
Note: There are additional restrictions in the use of the 14 channels listed in §73.25(c).
These restrictions are set forth in §73.3571.
8.47 C.F.R. Part 73 is amended by revising subparagraph (0)(1) of Section 73.182 to read as
follows:
73.182 Engineering standards of allocation.
(0) • • •
(1) With respect to the root-sum-square values of interfering field strengths referred to in
this section (except in the case of Class IV stations on local channels and interfering signals to
Class H-S stations) calculation is accomplished by considering the signals in order of
decreasing magnitude, adding the squares of the values and extracting the square root of the
sum, excluding those signals which are less than 50% of the RSS values of the higher signals
already included.
9. 47 C.F.R. Part 73 is amended by revising the text of, but not the format of, the chart
contained in paragraph (v) of Section 73.182 to read as follows:
§73.182 Engineering standards of allocation.
(v) Protected service contours and permissible interference signals for broadcast stations
are as follows (for Class I and Class H-A stations, see paragraph (a) of this section):
101 F.C.C. 2d
....
....
Q
Permissible interfering
00
....
Class of Signal strength contour of area
....,
Class of station channel Permissible power protected from objectionable signal on same channel
2
0
0
used interference]
l-:>
Day Night Day Nightl
~
p.
I-A Clear 50 kW SC 100 SC 500 p.VIm(5O% 5 p.V/m 25 p.V/m
7
~
p.V/m. skywave)7
a
AC 500 AC 500 p.V/m
3
......
p.V/m.
~
I-B do 10 kW to 50 kW SC 100 SC 500 p.V/m 50% 5 p.V/m 25 p.V/m
~
~
p.v/m. skywave.
~
AC 500 AC 500 p.V/m
3
;::l
....
p.V/m.
C";
~
500 p.V/m
3 ""'"
II-A do 0.25 kW to 50 kW 500 p.V/m 25 p.V/m Do.
....
Q
(daytime).
~
10 kW to 50 kW
~
(nighttime).
II-B do 0.25 kW to 50 kW 500 p.V/m 2500 p.V/m
3
5 do 125 p.V/m
~
~
II-C do 0.25 kW to 1 kW do 10,000 p.VIm
8
do 500 p.V/m
~.
....
II-D do 0.25 kW to 50 kW do not prescribed do 500 p.V/m
Q
;::l
(daytime)
~
11-8 do 0.25 kW to 50 kW do not prescribed do not prescribed
~
(daytime)
Q
"I
less than 0.25 do not prescribed do not prescribed~
(nighttime)
Class of station
III-A
III-B
IV
Class of Signal strength contour of area Permissible interfering
channel Permissible power protected from objectionable signal on same channell
used interference
l
Day Night Day Night}
Regional 1 kW to 5 kW do 2500 IlV/m3 do 125 IlV/m
do 0.5 to 1 kW (night), do 4000 IlV/m3 do 200 IlV/m
Local 0.25 to 1 kW do Not prescribed
6
do Not prescribed
SC=Same channel.
AC=Adjacent channel.
1 When a station is already limited by interference from other stations to a contour of higher values than that normally protected for its class,
this contour shall be the established standard for such station with respect to interference from all other stations.
2 For adjacent channel, see paragraph (w) of this section.
3 Groundwave.
4 Skywave field strength for 10 percent of more of the time.
S These values are with respect to interference from all stations except Class I-B, which stations may cause interference to a field strength
contour of higher value. However, it is recommended that Class II stations be so located that the interference received from Class I-B stations
will not exceed these values. If the Class II stations are limited by Class I-B stations to higher values, then such values shall be the established
standard with respect to protection from all other stations.
6 See paragraph (a)(4) of this section.
7 Class I-A stations on channels reserved for the exclusive use of one station during nighttime hours are protected from co-channel
interference on that basis.
... 8 Applies only to nighttime operations of Class II-C stations coming within §73.21(a)(iii), and to the operation of limited-time ClassII~D
:= stations during nighttime hours other than those during which they were authorized to operate as of June 1, 1980.
"%j
o
9
~
~
~
Q
~
~
"'l
~
~
~
~
~
~
......
to
20 Federal Communications Commission Reports
10. 47 C.F.R. Part 73 is amended by revising the note to Section 73.183(b) to read as follows:
§73.183 Groundwave signals
(b) • • •
Note: International agreement in the matter of standards for good engineering practice
conc-erning determination of ground conductivity by field strength measurements has not
been arrived at as contemplated by NARBA, and the United States has no established
procedures for reciprocal consideration of such measurements with any country except
Canada. Therefore, groundwave field strength measurements will not be accepted or
considered for the purpose of establishing that interference to a station in a foreign country
other than Canada, or that the signal strength at the border thereof, would be less than
indicated by the application of the ground conductivity maps and engineering standard
contained in this part and applicable international agreements. Satisfactory groundwave
measurements offered for the purpose of demonstrating values of conductivity other than
those shown by Figure M3 in problems involving protection of Canadian stations will be
considered only if, after review thereof, the appropriate agency of the Canadian government
notifies the Commission that they are acceptable for such purpose.
11.47 C.F.R. Part 73 is amended by revising paragraph (d) of Section 73.3571 to read as
follows:
§73.3571 Processing of AM broadcasting station applications.
(d) • • •
(1) In order to be acceptable for filing, any application other than those filed under
subparagraph (4) below which does not involve a change in site and which is filed before June
3, 1988, must propose at least a 50'70 increase in the station's nominal power. However,
applications proposing at least a 20% increase and which are in conflict with an application
proposing a 50'70 increase are acceptable for filing.
(4) Special procedures apply to the 14 frequencies listed in §73.25(c). The same procedures
will be applied to each of the three frequencies or groups of frequencies which are included in
the above category. There are three stages to these procedures. In the first Stage, each Class
II-D station will receive an Order to Show Cause why its license should not be modified to
specify operation at night with the power calculated by the Commission and as shown on said
Order. Stations accepting this modification will be redesignated as Class II-C if the nighttime
power is 250 watts or more or as Class II-S if that power is below 250 watts. During Stage
two, stations in both groups will be given five years within which to file an application to
increase this power to a maximum of 500 watts on their daytime power, whichever is lower.
During this period, applications for new Class II-C stations also can be filed and will be
granted without regard to the nighttime interference caused to other Class II-C or to Class lI 
S stations but new Class II-C stations will be required to protect foreign and domestic Class
II-B full-time stations on these frequencies. Finally, in Stage 3, which occurs when the five 
year period above comes to an end, Class II-C and II-S stations will be able to file applications
to increase their nighttime power to 1 kW or their daytime power, whichever is lower.
Applications for new Class II-C stations can also be filed specifying a maximum nighttime
101 F.C.C. 2d
AM Clear Channels 21
power of 1 kW. However, any applications in either category must protect existing Class II-C
stations (including Class II-S stations that increased power during Stage 2 and were
redesignated as Class II-C during this period). The five-year periods of Stage 2, applicable to
the three groups of frequencies, are set forth below:
(i) 690 kHz, 740 kHz, 860 kHz, 990 kHz, 1010 kHz and 1590 kHz: Stage 2 begins on June 3,
1985 and ends on May 31, 1990; Stage 3 begins on June 1, 1990.
(ii) 1540 kHz [to be established]
(iii) 540 kHz, 730 kHz, 800 kHz, 900 kHz, 1050 kHz, 1220 kHz and 1580 kHz: [to be
established]
22 Federal Communications Commission Reports
Appendix C
Domestic Assignments on
Canadian, Mexican and Bahamian Clear Channels
Frequency Country Unlimited Time Daytime Only
540 CA & MX 3 13
690 CA 7 18
730 MX 0 30
740 CA 10 19
800 MX 1 31
860 CA 6 26
900 MX 1 44
990 CA 12 30
1010 CA 11 30
1050 MX 1 53
1220 MX 1 47
1540 BA 10 46
1570 MX 1 74
1580 CA
~....2l
TOTAL 72 519
AM Clear Channels 23
II
Ul
..
....
...
.... ....
.. ....
Il <: ....
.... <: u
... as as
>..s:: ....
as u
'" I ...
o ..
.. U II
.... U
.., IlO '"
as <: as
<: 0
0 ..
...... ..,
.......
U ......
.. .. ..
..... <:
.., Ii <:
0011
.. .s::
0'" U
...
.....
... U <:
U <: ..
.. .. U
....... II
.., .......
"'"''''
.. .. as
..
~~'E
..... as
101 F.C.C. 2d
II
co
II
...
..
.......
II II ....
leI:'"
"'1:<.1
......
>.,<: ...
.. <.I
'" I ..
o ..
II U ..
.... <.I
~110'"
., I: ..
1: 0
o ..
.....~
.....
<.I" ....
II II II
.... I:
.g 8 ;
.. ,<:
0"<.1
..
II ..
"<.II:
<.I I: II
II II <.I
...... .,
~II....
" ... ",
.... .,
II
.... ..,
o c: c:
.... .,
24 Federal Communications Commission Reports
101 F.e.e. 2d
AM Clear Channels 25
II
co
..
....
+'
.......
.. ...
,. <: ....
.... <: u
~.,.,
cd~\-4
"" I +'
o co
.. u .,
... U
~llO""
~<: .,
~.... 0
o +' ..
::.=.c
Ul<'"
.. .. ..
..,;1SC
o e~
~~~
.....
+' U <:
U <: ..
.. .. U
..... .,
"' .....
:I"'''''
fa~cd
.... ""
o <: c:
..... .,
101 F.C.C. 2d
26 Federal Communications Commission Reports
101 F.e.e. 2d
Ul
.,
....
....
.... ....
., ., ....
E c ....
.... cu
........
>..c ""'
.. U
'tl I ....
o ..
., u ..
.... u
.0 1lO'tl
.. C ..
<: 0
o ...
...... .0
........
U ......
., ., .,
...., c
.0 E c
00 ..
... .c
0'" U
....
......
.... U C
U C .,
.... U
...., ....
.0 .. ....,
,,""''tl
.. ... .
..
........ 'tl
o <: c
Ill .....
•
Channels
AM Clear
27
101 F.C.C. 2d
28 Federal Communications Commission Reports
0.5 KW NIGH'ITIME OPERATION OF DAYTIME ONLY STATIONS
51,0 kHz
900 kHz (continued)
Licensed Existing RSS
Call Power (kW,J Limit (m Vim)
Licensed Existing RSS
(mVlm)
Call Power (kW,J Limit (m Vim)
KKAR 1.0 8.37
WJTH 1.0 9.23
KVIP 1.0 8.08
WBML 0.25 9.67
WWJD 5.0 8.11
KWMI 5.0 16.33
KSGL 0.25 11.09
WDMV 0.5 34.41 WEAK 0.25 8.58
NETC 5.0 20.59
WFIA 1.0 8.12
KNMX 5.0 21.44
WLSI 5.0 33.87
KICR 0.25 35.10
NLIX 1. 28.80
WLMD 1.0 20.19
WARO 0.25 13.71 WKXA 1.0
50.64
WYNN 0.25 15.18
WZXM 1.0 28.49
WDXN 1.0 8.52
KTIS 2.5 12.91
KFAL 1.0 8.22
KNAK 1.0 14.18
WDDT 1.0 17.74
WRIC 1.0 11.44 WKJK
0.5 7.66
WYLO 0.25 9.83
WAYN 1.0 8.04
CA •
0.5 16.08
NIAM 1.0 11.13
KJSK 1.0 7.85
OR •
0.5 20.04
NEW (NH) 1.0 56.75
WY •
0.5 25.12 WBRV 1.0 19.09
WKAJ 0.25 37.13
71,0 kHz
WTOF 0.5 4.37
WFRO 0.5 5.86
WLWI 50.0 35.70 WCPA 1.0
20.61
KMEO 1.0 40.69 WFLN 1.0 32.57
KBRT 10.0 111.65 WGSN 0.5 8.53
KBOF 2.5 28.68 WKXV 1.0 9.34
NYLN 0.25 38.27 WCOR 0.5 9.62
WNOP 1.0 48.53 KALT 1.0 24.10
WCAS 0.25 48.57 KKAP 0.25 22.30
WMEL 1.0 11.47 KCLW
0.25 37.28
WPA3
1.0 47.40 WODY 0.5 7.47
WGS 25.0 49.98 WKDW
2.5 8.10
WVCH 1.0 50.47 KUEN 1.0 6.12
WBAW 1.0 34.11 WATK
0.25 19.52
WSVQ 1.0 49.39 WNNO 1.0 15.56
WIRJ 0.25 71.34
NV •
0.5 5.03
WCWy 0.25 59.71
NM •
0.5 10.22
WMBG 0.5 44.18 WY' 0.5 5.97
WRP~
0.25 41.72
WRP 0.5 30.67
1050kHz
WRNR 0.5 51.30
NV •
0.5 12.46 WRFS 1.0 19.28
WY' 0.5 6.42 WWIC 1.0 16.03
ND •
0.5 9.39 KSOH 1.0 36.09
KTBA 5.0 11.50
900 kHz
KBBV 0.25 16.50
KOFY 1.0 5.25
WATV 1.0 11.97 WJSB 5.0
25.72
WGOK 1.0 20.58 WROS 5.0
11.23
WOZK 1.0 13.88 WHBO
0.25 13.46
KHOZ 1.0 12.44 WHGI 5.0
9.83
KBIF 1.0 4.94 WCGA
1.0 13.08
KGRB 0.5 6.68 WMNZ
0.25 14.57
WJWL 1.0 27.08 WDZ 1.0 14.76
WSWN 1.0 11.01 KBUF
0.25 29.59
WMOP 5.0 11.21 WNES 1.0
11.33
• Hypothetical sites potentially useable at night in state indicated by two-letter state code.
101 F.C.C. 2d
AM Clear Channels 29
1050 kHz (continued)
1580 kHz (continued)
Licensed Existing RSS
Licensed Existing RSS
Call Power (kW) Limit (m Vim) Call
P01IJer (kW) Limit (m Vim)
KLPL 0.25 41.57 WCHA
0.5 12.96
KVPI 0.25 59.06
KWRK 0.5 11.79
WMSG 0.5 11.18 WKKD
0.25 14.97
WNTR 1.0 7.88 WDON
0.25 10.05
WPAG 5.0 27.28
WBBA 0.25 8.90
KLOH 1.0 15.04 WJTX
0.25 11.16
KMIS 1.0 20.93 WIFE
0.25 11.31
KSIS 1.0 14.42 WAMJ
1.0 16.22
WACR 1.0 26.47
WAMW 0.25 9.48
WFSC 1.0 10.44
WBBE 10.0 9.59
WLON 1.0 9.60 WMTL
0.25 8.8
WWGP 1.0 9.29 WPKY
0.25 9.20
WBNC
l.()
82.62 KLVU 1.0 15.01
WRBT 1.0 73.26
WPGC 10.0 9.75
NEW (NM) 0.5 38.53 WKLH 1.0
24.59
WSEN 2.5 54.91 KDOM
1.0 11.26
WYBG 1.0 115.82
KTGR 0.25 9.42
WTSJ 1.0 13.67
KESM 0.5 10.26
KCCO 0.25 11.40
KNIM 0.25 9.07
KGTO 1.0 38.12
WAMY 5.0 15.30
KORE 5.0 10.25
WSLL 0.25 16.52
WBUT 0.5 17.28 WORV
1.0 19.38
WLYC 1.0 13.96
WPMP 5.0 18.31
WJXY 5.0 8.04
WZKY 0.25 9.46
WSMT 1.0 12.80 WJIK
5.0 10.15
KHZ 0.25 83.86
WUIV 5.0 7.60
KPXE 0.25 78.95
KAMI 1.0 11.26
KCAS 0.25 65.76
WTYO 1.0 10.30
WGAT 1.0 10.83
WCRV 1.0 10.31
WBRG 1.0 9.36
KZIA 10.0 41.94
WCMS 5.0 10.25
WLIM 5.0 11.78
KSPO 5.0 23.94
WVKO 1.0 11.95
KBLE 5.0 16.47
KOKB 1.0 16.89
WOKL 1.0 29.37
WHEX 0.5 10.53
WKAU 1.0 26.34
WAJE 0.25 11.21
WLIP 0.25 20.90
WANB 1.0 10.75
WADC 5.0 12.42
WGFW 2.5 6.75
10" 0.5 9.16 WORG
1.0 13.44
NV" 0.5 8.13 WBBR
5.0 6.48
UT "
0.5 9.61
WHHM 0.25 12.57
WSKT 1.0 7.76
1580 kHz
WLIJ 1.0 10.62
KGAF 0.25 17.65
WEYY 0.5 16.61
KIRT 1.0 19.97
KPCA 0.25 10.49
KTLU 0.5 16.84
KFDF 1.0 17.11
KWED 1.0 20.74
KLOQ 1.0 20.24
KBYP 0.25 22.15
KPIK 5.0 21.76
WILA 1.0 9.05
WENO 5.0 10.72
WPSK 1.0 9.15
WBGB 5.0 7.82
WTTN 1.0 20.16
WCCF 1.0 7.38
OR" 0.5 5.76
WKIG 1.0 16.07
WY "
0.5 . 6.60
WKUN 1.0 12.05
NV" 0.5 21.43
101 F.C.C. 2d
30 Federal Communications Commission Reports
DISSENTING STATEMENT
OF
COMMISSIONER HENRY M. RIVERA
RE: Nighttime Operation on Canadian, Mexican and Bahamian AM
Clear Channels
Notwithstanding the positive aspects of this Order,
l
I dissent from the
decision to reject use of the acceptance criteria now contained in Section
73.37(e)(2) of the Rules. The Order proposes no substitute acceptance
criteria for determining which applicants will be eligible for these
approximately 40 new stations. We are, thus, backing away from our
commitment to encourage minority ownership and noncommercial use of
these frequencies without any record basis for doing so.
The Notice of Proposed Rule Making (NPRM) that initiated this
proceeding
2
proposed to apply the acceptance criteria specified in Section
73.37(e)(2) to the applications for these new unlimited time stations.
3
This
Order rejects that approach, permitting acceptance of all applications
without regard for the relative need for additional service to the
community of license specified. While the Order purports to recite a basis
in the comments for this drastic reversal from the NPRM, the majority, in
fact, leaves the rationale for the Order's outcome unstated.
4
1 I endorse the decision to provide relief to the 519 AM daytime-only broadcasters now
operating on the foreign Clear Channels. I am also pleased with the Mass Media Bureau's
initiative in developing a means of implementing this relief in a way that will minimize the
paperwork burden on the affected licensees and bring this expanded nighttime service to
the public quickly. These actions on behalf of daytimers contrast sharply with this
Orders insensitivity, niggardliness and lack of helpfulness with regard to the needs of
the minority community.
2 Docket No. 84-281, 49 Fed. Reg. 18567 (May 1, 1984).
3 The Commission noted that "[i]t appears that the primary issues pertaining to the use of
these foreign clear channels are some of the same issues that were addressed previously
in the Commission's Report and Order in Docket No. 20642, Clear Channel Broadcast 
ing in the AM Broadcast Band, ... " 49 Fed. Reg. 18567 (May 1, 1984), at para. 6. The
Commission went on to say that: "Because of the relatively short time that has elapsed
since the adoption of the 1980 Report and Order, we believe that resolution of issues
reached in that proceeding can also be applied in this proceeding. In light of this, we
propose to adopt identical or similar standards for new full-time Class II stations on the
foreign Clear Channels as were adopted in Docket No. 20642." Foreign Clear Channels,
supra, at paragraph 6.
4 In paragraph 12 the Order seems to suggest that the decision to help daytimers somehow
diminishes the opportunity this Order provides to help minorities. Addressing the need to
provide nighttime authorizations for existing daytime-only stations is an objective the
Order accomplishes admirably. I applaud this aspect of the Order. Nevertheless, since
the relief we provide to the daytimers does not affect the availability of these channels for
new unlimited time stations (see Order at paragraph 14) our concern for the daytimer's
plight provides no justification of ignoring the even harsher plight of minorities. (Few
101 F.e.e. 2d
AM Clear Channels 31
The Order vaguely refers to the absence of any reason "to funnel
growth toward areas of greatest need."5 However, no explanation is given
of how the needs that Section 73.37(e)(2) was designed to address will be
accomplished without any acceptance criteria
6
or how this decision not to
supervise distribution of this spectrum complies with Section 307(b) of the
Communications Act.
7
The key to this riddle of the reversal without reasons is that Section
73.37(e) helps minorities (among others). For that reason,s the majority is
unwilling to continue the existence of this rule section. It is reluctant to
explain its movitation for rejecting Section 73.37(e)(2) because it would
have an insurmountable task justifying that decision when the problem of
underrepresentation of minorities in the broadcast industry is so far from
being resolved.
minorities even have daytime-only authorizations.) In fact, our willingness to use
administrative resources (to do the engineering for the affected daytimers), modify the
rules (e.g., by dropping the minimum power requirements) and create daytime prefer 
ences (see, e.g., Second Report and Order in MM Docket No. 84-231, 50 Fed. Reg. 15558
(April 19,1985)) demonstrates a willingness to favor existing broadcasters over minorities.
5 Order at paragraph 13.
6 Section 73.37(e)(2) provided for acceptance of unlimited time applications in already
otherwise adequately served communities if the station proposes noncommercial service
or the applicant is minority controlled. These provisions were adopted by the Commission
in 1980 to ensure that some of the limited number of new stations available on the U.S.
Clear Channels were used to address the needs identified by the Commission as the most
pressing. Clear Channel Broadcasting in AM Broadcasting Band, 78 FCC 2d 1345,
recon. denied, 83 FCC 2d 216 (1980). The number of new stations available on the foreign
Clear Channels is one third of what was possible on the U.S. Clear Channels and the
number of minority owned stations has not increased substantially since 1980. Therefore,
the need for acceptance criteria addressing the needs of the minority community is even
greater on the foreign Clear Channels.
7 Section 370(b) of the Communications Act requires the Commission to make "...
distribution of licenses, frequencies, hours of operation, and of power among the several
states and communities as to provide a fair, efficient, and equitable distribution of radio
service to each of the same." 47 U.S.C. Section 307(b). While this statutory requirement
need not be read so strictly as to require the use of a particular acceptance criteria, it
would be arbitrary for the Commission to allow depletion of this limited number of new
station opportunities without even considering the applicability of this statutory
provision.
8 In the NPRM on deletion of Section 73.37(e)(2), the majority gave assurances it was not
prejudging the outcome of this proceeding. (I questioned the veracity of this promise.)
The majority should not, given these assurances that these proceedings were indepen 
dent, claim that the rationale in the Section 73.37(e)(2) NPRM provides a basis for its
action today. Since the rationale in Section 73.37(e)(2) NPRM provides no basis for its
action and this Order provides no basis either, it is fair to say that the majority takes this
action having a significant negative effect on minority participation in broadcasting
without providing adequate explanation for its action.
101 F.C.C. 2d