The FCC Media Bureau, seeking to resolve a case of apparent spectrum warehousing that goes back many years, has issued a ruling that allows construction to begin on a station in Bluewater, Ariz.
Chavez Media must move its existing station KRIT(FM) to a new frequency that has been waiting for it for more than 20 years, or risk losing authority to operate.
And Estrella Broadcasting is free to proceed on construction of KZXO(FM), though with a short time horizon of a little over four months.
The case dates to 2005 and involves concepts of construction permit tolling as well as something called an “implied STA.”
Background
According to the FCC’s account, in 2005 the Audio Division of the FCC Media Bureau granted a request from Chavez Media, which was then called Farmworker Educational Radio Network Inc.
It asked to change the channel of license for its station KRIT(FM) from 93.9 MHz (Channel 230C3) to 92.7 MHz (Channel 224B1). But it has never actually moved.
At first, Chavez was supposed to submit a minor change application for a CP specifying its new channel within 90 days, but it did not file that application until years later in 2013. Still, the FCC granted the application at that time and issued Chavez a CP.
“But Chavez allowed that permit to expire in 2016,” the FCC wrote.
Chavez then allowed another six years to pass before it filed an application for a CP in 2023. The FCC again granted the application and issued a second CP for the new channel.
“But Chavez allowed it to expire in June,” the FCC wrote. “During the more than two decades since we issued the Channel Change Order, Chavez has continued to operate KRIT(FM) on Channel 230C3 pursuant to an implied STA.”
As most readers will know, STA stands for special temporary authority. An “implied” STA is a temporary, non-protected authority under which a station may continue operating on its formerly authorized channel after the FCC has modified its license to specify a new channel.
New occupant
Meanwhile, Estrella Broadcasting asked to modify its permit for planned station KZXO to operate on 93.9 MHz — the frequency still being used by KRIT — instead of its authorized 94.1 MHz.
The Media Bureau said yes in October 2023. But the bureau added a special operating condition prohibiting Estrella from starting program tests or operating KZXO on 93.9 until KRIT started program tests or was licensed to operate on its new frequency.
But because KRIT had not yet changed frequencies, this meant Estrella couldn’t proceed.
So Estrella asked the FCC to “toll” or pause its deadline clock, and the FCC agreed in September 2024. It has granted several tolling extensions since.
Meanwhile Chavez still has not filed an application for a replacement construction permit for the new channel, according to the FCC.
Now the Media Bureau is removing that special condition from the KZXO(FM) construction permit.
“More than 20 years later, KRIT(FM) still has not commenced operations on its new channel,” it wrote.
“Chavez’s failure to implement the KRIT(FM) channel change is preventing Estrella from constructing KZXO(FM), which will provide a new radio service to Bluewater, Ariz., and the surrounding area.”
It said the failure to move its frequency may constitute a rules violation. Though it isn’t planning enforcement action, the FCC cautioned Chavez that it would do so if it continues to delay KRIT’s channel change.
The bureau also explained an interesting angle that limits the ability of Chavez to protest the outcome.
“Chavez has been operating KRIT(FM) on Channel 230C3 pursuant to an implied STA. Like all STAs, implied STAs are not within the scope of assignments and allotments which receive protection under the FM non-reserved band technical rules,” it wrote.
“Thus, KRIT(FM)’s operation on Channel 230C3 is not entitled to protection from operating stations, construction permits, pending applications or subsequently-filed applications.”
This, it said, means deletion of the special operating condition does not constitute a modification of the KRIT(FM) license that is subject to the commission’s protest procedures.
Outcome
In short there is no longer a condition precedent preventing Estrella from constructing and operating KZXO(FM) on Channel 230C3.
That also means the tolling has ended, which means Estrella has four months and 11 days to complete construction of KZXO.
Perhaps anticipating that Estrella might say this isn’t enough time, the FCC added in a footnote: “Estrella was responsible for requesting tolling by notifying the commission within 30 days of the event on which its request was based, and its delay in doing so left only four months and 11 days remaining in its construction period.”
As far as Chavez goes, the FCC said that if it fails to construct KRIT’s new facilities and initiate program tests by Jan. 21, 2027, it will cancel its implied STA to continue to operate on 93.9.
“We find that continued warehousing of this spectrum by Chavez in the face of Estrella’s longstanding competing demand is plainly contrary to the public interest,” it wrote.
“We will not cancel Chavez’s implied STA at this time because that would require KRIT(FM) to cease operation. However, we will not allow Chavez to indefinitely delay construction and operation of KZXO(FM) either.”
So it is giving Chavez an additional 120 days to construct KRIT(FM)’s new facilities and commence program tests on its new frequency.
If it has not done so within 120 days, it will cancel Chavez’s implied STA to operate KRIT(FM) and order the company to cease operation of the station on that channel.
