A NCE MX Group Objection is Denied by FCC

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The Media Bureau has denied an Informal Objection submitted to the Commission with respect to its tentative selectee of a future noncommercial FM radio station, in a group of mutually exclusive potential licensees.


As such, an application from an Arizona institution of higher learning has been selected as the tentative license holder.

In a letter dispatched Friday (6/3) by Audio Division Chief Albert Shuldiner, Yuma, Ariz.-based Arizona Western College has won a construction permit for a forthcoming station to be constructed in Quartzsite, Ariz., which would serve Blythe, Calif., and a busy Interstate 10 corridor between the Phoenix area and Southern California.

Arizona Western College’s application was mutually exclusive to those submitted by Remanente Broadcasting Network for a facility in La Paz, Ariz., and The Association for Community Education for a new FM in Desert Center, Calif.

The Media Bureau’s Audio Division identified AWC as the tentative selectee of the group, “NCE MX Group 22.”

But, an individual named Albert Adam David on April 21 filed an informal objection. David argued that the Bureau should have selected the ACE Application based on a first aural reception service preference. David also argued that the Bureau failed to follow the comparative review guidelines set forth in the Procedures Public Notice. The college responded by stating that the Bureau’s fair distribution analysis for Group 22 was
correct. Why? It explained that the Commission only considers first aural service in situations where one of the mutually exclusive applicants claims a Tribal Priority.

In his reply, David further argued that it is not in the public interest to have a first aural reception preference only in instances where there is a Tribal applicant because it creates a
system that is inconsistent and inequitable.

Shuldiner dismissed the arguments of David, offering a comprehensive explanation of the existing Commission rules leading to its awardance of a future noncommercial FM to the school.

AWC is the only community college in Arizona to operate both AM and FM radio stations licensed by the FCC. The stations, known collectively as Yuma Public Radio, are Class C3 KAWC-FM 88.9 and KOFA-AM 1320, which uses FM translator K234CZ to broadcast as “Border Radio 94.7.” The latter station airs a Jazz and Progressive Rock format.

KAWC is expected to use the Quartzsite facility as a simulcast partner.