Entravision objection to Phoenix-area CP rebuffed by FCC


Able Radio Corporation has been trying to get a new FM station built to the northwest of Phoenix AZ since it first won the stick-to-hopefully-be back in 2007. Hispanic group Entravision has cited cause to have the CP shot down, but the FCC ruled in favor of Able.

The CP is for a Class C2 that doesn’t quite make it to Phoenix, covering territory to the northwest of the city on 107.3 MHz. The original license was for Aguila AZ, but Able was able to get a CP approved to move it closer to Phoenix with new COL Tonopah AZ.

Entravision’s KVVA-FM Apache Junction likely provides it with a more-than-casual interest in the new station. KVVA is a C3 just one dial click away from the CP on 107.1 MHz. It does put a primary signal over part but not all of the Phoenix urbanized area and is oriented to the southeast portion of the market.

Entravision made two points in an informal objection to allowing Able to move forward with constructing the station. First, it said that the original CP cited a transmitter location in Harquahala Mountains Wilderness, which is managed by the Bureau of Land Management of the Department of Interior and not available for use, generally, by a private business. The significance of this is that Able should not have had the required “reasonable assurance” of a usable transmitter location for the station. Secondly, Entravision said the CP should be scrapped due to Able’s failure to prosecute the CP in a timely manner.

Able provided testimony from employees stating that the company did believe it could get permission to use HMW, and eventually filed a proposal to return to its original COL of Aguila.

The FCC noted that Entravision made charges and provided documents but did not provide compelling proof that Able was guilty of any deception. It also said that it had for some time been taking a liberal approach to CP holders struggling to get their station built, allowing reasonable curative modifications when possible.

The FCC further stated to be guilty of failure to prosecute a granted CP, the licensee must demonstrate “…contempt of inexcusable sloth.” It said the mere fact that Able has been consistently filing CP modifications to get the station built – seven so far – is enough to demonstrate that it is taking the completion of the CP seriously.

For these reasons, the Entravision objection was denied and the CP lives on.