would be small and thus not adversely affect the present reception conditions at the Table Mountain site. It is also assumed that the directional receiving antenna is oriented toward the undesired signal. 10. The FM and TV stations that provide a measured signal (at 30 ft.) in excess of 10 mv./m. at the site are KOA-TV (channel 4) 17.8 mv./m., KLZ-FM (106.7 MHz) 20 mv./m., KLMO-FM (104.3 MHz) 44.7 mv./m., and KBTV (channel 9) 39.8 mv./m. The predicted fields for two other television stations, KLZ-TV (channel 7) and KHBC (channel 20), are 30 mv./m. at 20 mv./m. respectively. The Shaffer and IEDC transmitters have line-of-sight paths to the Table Mountain site and are calculated by ESSA to provide, respectively, predicted fields of 9.9 mv./m. and 88.2 mv./m., and free space fields of 68 mv./m. and 119 mv./m. Based on a 40 watt ERP test transmitter installation operated at each proposed site it is anticipated that Shaffer's signal at the Table Mountain site would range from about 18 mv./m. to 96 mv./m. depending on location, and IEDC's signal from 122 mv./m. to 139 mv./m., also depending on location.

11. A test at the Table Mountain site conducted by ESSA and which utilized a mobile transmitter on 94.7 MHz failed to disclose interference to any of the reception activities. In another test ESSA injected the output from two signal generators into a sensitive 40.01/ 360.09 MHz receiver connected to an operational antenna at the Table Mountain site. One signal generator simulated the undesired signal on 94.7 MHz and the other the desired signal on 40.01 MHz. With the desired signal at some undisclosed level, said to approximate that from a satellite, the undesired signal injected at 1 volt and also at 175 millivolts was observed to cause interfering beats with the desired signal on 40.01 MHz.

12. The ambient field strength at the Table Mountain site corresponding to the levels of injected signal were a matter of disagreement between ESSA and IEDC's engineer. ESSA's calculations were predicated on an open-circuit generator voltage and a directional receiving antenna gain of 28 db over isotropic, while the calculations of IEDC's engineer considered the signal generator connected to a matched load and assumed a directional receiving antenna of considerably less gain. ESSA concedes the gain figures employed were merely illustrative of the relationship between ambient field strength and receiving antenna gain. No gain figure was given for the receiving antenna used in the test for any of the frequencies employed or present, nor was data furnished concerning the level of the desired signal on 40.0 MHz, or the harmonic and spurious content of the signal generator source on this frequency. Absent all of these elements, calcu lations of equivalent ambient field strength at the site are merely speculative.

13. Upon consideration of all the facts found hereinbefore, it is concluded that the most ESSA has shown is a conjectural possibility that some interference might result from the operation of either of the proposed FM stations, and that such possibility is based on certain hypothetical conditions. On the other hand, all the tests that were conducted by ESSA as to interference caused by a 94.7 MHz signal were negative in nature, and no antenna installed at Table Mountain showed any

sensitivity or response at that frequency. Both applicants have sustained their burden of proof under the interference issue that was added by the Review Board. IEDC, in particular, has presented engineering testimony that successfully rebuts that presented by ESSA, and it is concluded that neither applicant will, in any likelihood, cause any harmful interference.

14. However, the Review Board, in specifying this issue, recognized the serious public interest question presented and the unusual nature of this issue in that it required a determination whether the proposed stations might cause harmful interference to radio propagation and radio atmospheric studies conducted by ESSA on a Federal installation. As detailed in the findings, the Table Mountain site is used by the Institute for Telecommunication Sciences and Aeronomy as part of the studies in telecommunication science and central Federal program of research and service in radio propagation and radio atmospheric studies. The activities performed at this site are of paramount importance since they pertain to vital questions of future use of electromagnetic waves of interest to this agency, the director of telecommunication management and the Department of Defense. While it is conceded that there is a possibility, however remote, that under certain conditions some interference could be caused to ESSA's experiments on Table Mountain, IEDC has stated its willingness to install filters at the transmitting plant to reduce harmonic radiation or any spurious or noise emissions to acceptable levels, and to cooperate with ESSA in correcting or eliminating any interference problems that might occur as a result of its operation on 94.7 MHz. Shaffer has likewise agreed to accept a grant subject to a no-interference condition. In view of the above, the grant that is made hereinafter will be subject to the condition that the operation will not cause harmful interference to ESSA's Table Mountain installation that would unduly impair the usefulness of that facility.

15. In summary, it has been concluded the IEDC is entitled to a major preference for its far more efficient use of the frequency in the area of coverage. IEDC has also been granted slight preferences in the areas of diversification, and integration of ownership and management. Neither applicant is entitled to be preferred in the categories of local residence, civic participation, previous broadcast experience or past broadcast record. With respect to the remote possibility of harmful interference to ESSA, since Shaffer places a lesser signal over Table Mountain than does IEDC, he is awarded a preference. However, it has been found and concluded that both applicants have agreed to work with ESSA in eliminating any interference that might occur, and Shaffer's preference is somewhat lessened by this fact.

16. Upon the basis of the entire record in this proceeding, the foregoing findings and conclusions, and, principally, on the far more efficient use of the frequency, it is concluded that the public interest, convenience, and necessity would be served by a grant of the IEDC application and a denial of that of Shaffer.

Accordingly, It is ordered, That, unless an appeal to the Commission from this initial decision is taken by any of the parties or the Com

mission reviews the initial decision on its own motion in accordance with the provisions of section 1.276 of the rules, the application of International Electronic Development Corp. for a construction permit for a new class C FM broadcast station to operate on channel 234 (94.7 MHz) at Boulder, Colo., Be, and the same is, hereby granted, subject to the condition that said station will be operated in such a manner as not to cause harmful interference to the Environmental Science Services Administration, Department of Commerce, facility at Table Mountain that will unduly impair the usefulness of that facility, and that the application of Russel Shaffer for a similar facility Is denied.

17 F.C.C. 2d

F.C.C. 69-337

BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20554

In re Petition by
SOUTHERN MONTEREY COUNTY CATV, KING
CITY, CALIF.

For Waiver of Section 74.1107 of the
Rules To Carry Distant Signals to a
CATV System in the Salinas-Monterey
Television Market (ARB 60)

File No. CATV 100355

MEMORANDUM OPINION AND ORDER

(Adopted April 2, 1969)

BY THE COMMISSION: COMMISSIONER BARTLEY CONCURRING IN THE RESULT; COMMISSIONER COX CONCURRING AND ISSUING A STATEMENT; COMMISSIONER WADSWORTH ABSENT.

1. This petitioner seeks waiver of the hearing requirements of section 74.1107 of the Commission's rules and approval of its proposal to carry seven signals, five of which are distant and leapfrogging.1

2. In the absence of a waiver, present section 74.1107 (a) of the rules requires that no CATV system operating in a community within the predicted grade A contour of a television station in the 100 largest television markets shall extend the signal of a television station beyond the grade B contour of that station unless the Commission, after an evidentiary hearing, finds the proposed extension to be consistent with the public interest, and specifically the establishment and healthy maintenance of television broadcast service in the area.

3. King City (population approximately 3,500) is within the predicted grade A contour of the Salinas-Monterey (ARB 60) market. The petition is unopposed and consistent with the CATV rules proposed in the notice of proposed rulemaking and notice of inquiry in docket No. 18397 (15 F.C.C. 2d 417 (1968)) and with the interim procedures announced therein (par. 51). Section 74.1107 (e) is the applicable proposed rule because King City is outside the specified zone of all television stations in designated major market communities or in smaller market communities. Proposed section 74.1107(e) provides that CATV systems so located may carry distant signals so long as closer signals in the same class are carried before the more distant.2

1 Southern Monterey's petition was filed June 7, 1968. A supplement was filed on Dec. 31, 1968, giving additional 74.1105 notice for station KGSC, San Jose, and also requesting waiver of present 74.1107 based upon compliance with rules proposed in docket No. 18397.

2 Proposed sec. 74.1107 (e) (1) provides "No CATV system operating outside the specified zones of all television broadcast stations shall extend the signal of any television broadcast station beyond the station's predicted grade B contour unless the system is carrying the signals of all television broadcast stations in the same class that are operating in communities located closer to the system. *

4. Southern Monterey proposes to carry the local signals of stations KSBW-TV (CBS-NBC) and KMST (CBS-NBC), Salinas-Monterey, Calif. It acknowledges that the distant stations it would transmit involve leapfrogging, and accordingly, seeks a waiver of this section of the proposed rules. The distant signals and the closer signals affected are:

3

5. Petitioner states that for a variety of reasons it should be permitted to carry the San Jose and San Francisco network and independent stations as opposed to the closer Fresno and Modesto stations. The San Jose stations, KNTV (ABC) and _KGSC-TV (Indep.), leapfrog closer stations in Fresno-KJEO (ABC), and independents KAIL (TV) and KICU, Visalia. Independent stations KTVU and KBHK-TV, both San Francisco, leapfrog KAIL (TV), Fresno, KICU, Visalia-Fresno, and KLOC-TV, Modesto.

6. We note, initially, that the San Jose stations are located in the Salinas-Monterey market while the Fresno stations are located in a different market. Thus, this proposal-although it seeks carriage of slightly more distant signals is consistent with the notice of inquiry and notice of proposed rulemaking in docket 18397, pars. 48, 49, and 56; 15 F.C.C. 2d 417 (1968).

7. One of the major obstacles, petitioner alleges, to carriage of the closer signals in Fresno and Modesto is that there is no existing backbone microwave route between or near King City on the one hand and Fresno or Modesto on the other hand (microwave is required for carriage of the Fresno signals in King City because of intervening mountainous terrain). However, there is an operating backbone microwave route going south from San Francisco and passing near King City. This microwave system presently carries San Francisco signals south to San Luis Obispo and only a link from Fremont Peak (near Salinas) would be necessary to provide service to King City. Utilization of this existing microwave system would be economically more feasible than the erection of an entirely new system to serve King City with Fresno and Modesto signals, the cost being, of course, significantly greater. Petitioner also alleges that there is no community of interest between King City on the one hand and Fresno or Modesto on the other hand.*

2 Proposed sec. 74.1107 (e) (2) provides that a waiver of 74.1107 (e) (1) is allowed with a "showing that the community of the more distant station is located in the same State or the system's subscribers have a greater community of interest with the region served by the more distant station."

Petitioner supports this claim by pointing out that the flow of everyday commerce along California's coast, north and south of U.S._ Highway 101 (a 4-lane freeway), ties the cities of the San Francisco Bay area to San Jose, Salinas, Monterey, and King City. compared with a rural 2-lane road to Fresno. It is additionally asserted that there is lack of direct bus routes to Modesto and Fresno from King City as opposed to a choice of 14 direct departures to San Jose and San Francisco.