Hi Folks, The bureaucracy at all levels is terrible. You may - TopicsExpress



          

Hi Folks, The bureaucracy at all levels is terrible. You may not know that I headed up a committee of 6 residents here in Ferndale in 2005 against our radio station KRPI. Our name was Residents against High-Powered Radio Interference. We wrote a 250 page complaint and had 1,264 signatures when the renewal came up. This station broadcasts to Canada which is why it is so powerful. They now want to move to Pt Roberts and I have been in contact with the people there giving them all of our information. I am inclosing the summary they wrote which includes the information I gave them and the work that we did. I was demonized as was the other 5. It gives you an example of what it is like to go up against a major government agency - FCC. I had personal calls from the FCC Media Chief. Please read this as it will begin to let you know what even a small community is up against when battling the govn’t. It also will give you an idea of just one organization that I started in the years when I had no contact with the family. Here is the summary of the information of the work we did from the community that is currently battling KRPI. It is an easy read but will let you know what I did. Hugs, Sheila Summary of Documents Relating to the Ferndale Towers 1980 – 2014 (by: Reneé Coe) The following notes have been taken directly from documents titled “Informal Objection to License Renewal” filed by Residents Against High-Power Radio Interference; “Opposition to Informal Objection” filed by attorneys for KRPI; and “Reply to Opposition to Informal Objection” filed by Residents Against High-Power Radio Interference, as well as Hatfield and Dawson’s “Engineering Statement” filed in support of KRPI History: 1. 1980 – Station KOQT moved from Bellingham to Ferndale and increased daytime power from 1,000 watts to 10,000 watts and added 10,000 watts nighttime coverage. 2. 1986 – Change of call sign to KNTR. In less then 6 months the station was issued a construction permit to increase daytime power from 10,000 to 50,000 watts. Nighttime coverage remains at 10,000 watts. FCC grants KNTR a waiver of 47 C.F.R. 73.24(g) in its application for a construction permit for a 50kw facility, subject to the condition that the licensee would “care for all legitimate complaints of blanketing interference within the 1 V/m contour and that no alternate site is available”. For several years thereafter, because of blanketing interference caused by the stations operations, KNTR was required to submit monthly reports listing all interference complaints and corrective actions taken to resolve them. In September 1995, the Commission granted a license to cover the KNTR construction permit after it was satisfied that the reports demonstrated that the station “satisfactorily fulfilled its obligations regarding resolution of the complaints”. Finally in March 1997, the Commission relieved the station of its obligation to file further reports documenting the resolution of blanketing interference complaints. 3. 1987 – 4th tower erected 4. 1995 – In a letter sent by Dennis Williams, FCC Assistant Division Chief – Audio Services Division - Mass Media Bureau to the station, he states that the reports submitted have demonstrated that KNTR has satisfactorily fulfilled its obligations regarding resolution of complaints and the application for the construction permit was granted. For six years, the Commission held the station’s covering licensee application in pending status while it monitored the licensee’s reports on blanketing interference. 5. 1997 – In a letter to KNTR from Robert D. Greenberg, Supervisory Engineer Audio Services Division Mass Media Bureau at the FCC, he states that the station is not required to file further reports documenting the response of blanketing interference complaints. Further, under the Effective Technical Assistance paragraph, it states: “following the one year period of full financial obligation to satisfy blanketing complaints, licensees shall provide technical information or assistance to complainants on remedies for blanketing interference”. The rules require that the station provide information and assistance sufficiently specific to enable complainants to eliminate all blanketing interference and not simply that the station attempt to correct the problems. Effective technical assistance entails providing specific details about proper corrective measures to resolve the blanketing interference. For example, providing complainants with diagrams and descriptions which explain how and where to use radio frequency chokes, ferrite cores, filters, and/or shielded cable. In addition, effective technical assistance also includes the recommendation on replacement equipment that would work better in high frequency fields. 6. 1997 - The station filed a license renewal application on September 2nd. 7. 1998 – Change of call sign to KCCF. The renewal application was routinely granted on January 22, 1998. 8. 2002 – Assignment of license from Pearl Broadcasting to BBC Broadcasting Company. Change of call sign to KRPI 9. 2003 – FCC sends a response letter to June McQuarrie who contacted the FCC due to static interference on her radio and hearing the station’s programming over her telephones and computer modem. She requested the Commission’s assistance in resolving her problem. Peter H. Doyle, Chief Audio Division Media Bureau, writes that the staff of the Audio Division is well aware of similar complaints to hers regarding this station. He goes on to say that in 1989 (actually occurred in 1986) they authorized the station to increase power from 10kW to 50 kW and received multiple complaints of blanketing interference. They required the station to address complaints and file progress reports on a monthly basis. They deferred action on the KRPI (AM) license application while they monitored the station’s efforts to address the complaints. On September 25, 1995, they determined that the station had fulfilled its obligation to resolving the complaints and granted the license application. March 1997, they notified the station that it could discontinue submitting blanketing interference reports. Mr. Doyle goes on to say that it is the responsibility of the station to resolve complaints concerning blanketing interference to covered devices (receivers, tuners, RF amplifiers, videocassette recorders and television sets) if the complaint is filed within one year of the station’s operations or modifications of its facilities and if the covered device is located within the station’s blanketing contour. After the first year, the licensee often helps listeners to alleviate interference in the interest of promoting good will with the station’s community. From the interference reports submitted to the Commission, it is apparent that KRPI has attempted to resolve many complaints. The licensee is not required to be financially responsible for resolving complaints of interference to non-radio frequency devices such as the telephone and computer equipment. 10. 2005 – Ferndale Residents Against High-Power Radio Interference files an Informal Objection against the renewal of KRPI’s broadcast license with the FCC and requested the FCC reduce approved power to 10 kW daytime and 10 kW nighttime, require KRPI to correct blanketing interference and submit monthly reports and make copies available in the radio station’s public file, conduct an on-site investigation (or require KRPI to conduct an Environmental Assessment) by an unbiased radio engineer, including the field strength of the signal power in affected residential and business areas and to make the results of Environmental Assessment available to the public. As of 1995, KRPI has been under no legal obligation to resolve complaints of interference but still claims it continues to cooperate with residents of the community to solve lingering interference problems. 11. 2006 – Wiley Rein & Fielding LLP file an Opposition to the Informal Objection with the FCC. Section I contains the Procedural History, section II is Introduction and Summary, section III Discussion. Section III contains the following statement: “The fact is that this case involves an attack by a small group of “zealous neighbors” on a facility that has been operating with present facilities for the better part of two decades. As is observed in the attached Engineering Statement by Stephen S Lockwood of Hatfield and Dawson (the Engineering Statement,” appended as Exhibit Ahereto), the existing KRPI facility predates many of the residences in the area, which has experienced substantial residential population growth over the past twenty years. In fact, the homes of a number of the Objections’ individual signatories were built years after KRPI commenced operation with its existing facilities”. (Signatures of 1,162 affected residents were attached to the objection.) The Commission has summarized its blanketing interference rules by listing three conditions under which a broadcast licensee, if all three are present, is responsible for resolving blanketing interference complainants: (1) the complainant’s affected devise is located inside the station’s blanketing contour (the 1 V/m contour); (2) the complainant notified the station of the problem within the first year of program test authority; and (3) the device experiencing interference is not an electrical device excluded from protection (e.g. telephones, computer networks, public address systems, electronic keyboards, consumer home monitoring systems). The extent of blanketing interference depends largely on the quality of the device in question. The station has prepared information sheets that it makes available to residents in order to assist in resolving interference issues. 12. 2008 – FCC sends Ms. Sheila Weber (lead contact for Residents Against High-Power Radio Interference) a letter denying the informal objection as per the following: Decision: R.F. Devices: Based on the record here, we find that the information supplied by Residents is insufficient to support its claim of blanketing interference to radio and television receivers. Specifically, we cannot determine from Residents’ filing: (a) whether the alleged interference occurred inside the KRPI blanketing contour; (b) that the alleged interference compromised listeners’ or viewers’ ability to receive other stations; (c) that the Residents provided copies of interference complaints to BBC; or (c) if BBC received complaints, whether the Licensee responded inadequately. Non-R.F. Devices: Residents’ complaints about interference to “non-R.F.” devices are irrelevant to the KRPI license renewal because BBC has no responsibility under Sections 73.88 and 73.318 of the Rules to address such interference. Accordingly, pursuant to Section 309(k)32 of the Act and Sections 0.61 and 0.283 of the Commissions Rules,33 IT IS ORDERED that the informal objection filed by Ms. Sheila Weber on behalf of Residents Against High-Power Radio Interference IS DENIED. IT IS FURTHER ORDERED, that the application (File No. BR-20050922ACS) of BBC Broadcasting, Inc. for renewal of license for station KRPI(AM), Ferndale, Washington IS GRANTED. Signed by: Peter H. Doyle Chief, Audio Division - Media Bureau. 13. 2011 – Gurdial (Dale) S. Badh (current owner of the 10.62 acre property in Point Roberts) submits a letter as part of the Minor Change application filed with the FCC in which he states “For more then 3 years, I have represented BBC Broadcasting (“BBC”) in its efforts to find a suitable parcel on which to relocate KRPI’s transmission facilities”. On or around May of 2007, BBC informed him that it had just faced an opposition to its renewal license by an organized group of community residents (supported by letters from local, state and federal government) who had experienced interference to their various electrical devices and equipment due to KRPI’s current location. 12 parcels of land at 10 acres or larger were included as possible sites in his letter. 5 were in Custer, 4 were in Ferndale, 1 in Lynden and 1 in Blaine. Point Roberts is picked as the closest site to Ferndale suitable for KRPI’s needs. 14. 2012 – FCC issues the Construction Permit for relocation of KRPI’s transmission facilities and increases nighttime coverage from 10 kW to 50 kW to the rural community of Point Roberts, WA. 15. 2013 – Residents of Point Roberts and Tsawwassen are first alerted to the proposed development with an application filed by BBC Broadcasting Inc. to Whatcom County Planning and Development Services for a Conditional Use Permit via an article in the August ePB (the on-line All Point Bulletin edition). Members of both communities mobilize and form a Cross-Border Coalition group. By December 30, 2013, the Point Roberts Taxpayers Association files a formal Petition to Deny the license renewal of BBC Broadcasting Inc. with the FCC. 16. 2014 – Informal Objection filed by Arthur S. Reber on behalf of the Cross-Border Coalition. Wiley Rein LLP, attorney’s for BBC Broadcasting file an Opposition to the combined Petition to Deny and Informal Objection with the FCC. Notes below taken from the “Reply to Opposition” from the Ferndale Residents Against High-Power Radio Interference: 17. In the current Opposition, and in the first opposition filed January 20, 2006, KRPI’s attorneys make a concerted effort to discredit Residents and the Objection, as well as City and County governments, and the petitions signed by 1,162 members of the community. 18. The Ferndale core group recognizes KRPI’s right to conduct business in Ferndale, they are simply seeking relief from the disruption of business caused by the 50,000 watt signal. 19. The group also notes in their reply that the FCC Rules and Regulations appear to be written to protect the interests of the radio industry, not the interests of the public. 20. The group states in their reply, that the high-power, 50,000 watt signal is an inconvenience to the daily lives of Ferndale residents. KRPI disrupts the ability of businesses to provide services and reduces their profits when forced to spend funds on filters and other equipment upgrades. KRPI is not operating in the public interest when schools, churches, and civic organizations who must put up with radio transmission in the background on their sound systems. It is not in the public interest when the City of Ferndale and the School District were required to spend tens of thousands of taxpayer dollars to relocate electronic equipment and install shielding to protect vital equipment. 21. The group suggests that the transmitter could be moved to a remote location that would be more advantageous to sending the signal into northern BC. 22. In 1997, the FCC considered the matter of blanketing interference resolved and relieved the station of the requirement to file reports about complaints but the people of Ferndale are still experiencing the problem. Now KRPI is able to operate with impunity and without regard for the effects of its high-power signal on its neighbors. 23. The Opposition (filed by KRPI’s attorneys) and Engineering Statement dismiss the problem as “cheap equipment”. Ferndale is an agricultural community with many retirees and lower income workers who cannot afford to buy top-of-the-line equipment, pay for filters or hire an electrician to ensure proper grounding and shielding of home electronic equipment. 24. The written information that KRPI gives to people who call for assistance is difficult to follow for the average person – whose electronic knowledge may be limited to putting a plug into a socket. 25. People have reported problems with top-of-the-line Bose radios. A local firm was told their $600 telephones were “cheap equipment”. Whatcom New Life Assembly church upgraded their phones, sound systems, and instruments, added filters but had limited success in eliminating interference. 26. Some of the proposed “technical solutions” were completely unacceptable: (tear the siding off the building and wrap it in chicken wire! Drill a hole in your computer case! Make a hole in your floor and put a pipe down to the basement!). 27. One of many letters submitted in the Reply to the Opposition from the Ferndale Group: Dr. Michael S Hovander, O.D., Vision Source, first contacted the radio station in 2003, and again February 14, May 12 and May 20, 2005. He writes: “My concern is that a small radio station is allowed to do business while negatively disrupting thousands of individuals in the area. Starting in February 2005, we noticed increasing amounts of interference…our credit card machines will not work, our external fax modem would not work. We are also required by Medicare to use a voice-activated response system that continually fails due to overlying distortion. After a few calls, Mr. Harris (KRPI’s engineer and employee) came to our office and installed some filters. It decreased the interference but did not eliminate it. After a couple more visits and altering of filters, he felt that he had done what he could. This unfortunately was not to be a permanent solution. To date I have spent hundreds of dollars with phone technology servicemen and filters to no avail. I have called KRPI and got neither an answer nor a return call. The basis of common law is that one is free to do what they want as long as it does not harm oneself or others. KRPI is disrupting my ability to run a business and serve the large Medicare population in Ferndale. Please restrict their output and quality of their signal and/or require them to shield their signal from their neighbors”. Summary of Hatfield and Dawson Engineering Statement in Support of KRPI (April 2006): 28. Blanketing Interference – Besides the information provided above regarding the FCC rules on blanketing interference, the engineering report included the following: Following the one year period of full financial obligation to satisfy blanketing complaints, licensees shall provide technical information or assistance to complainants on remedies for blanketing interference. 29. There is always a possibility that residents living in the vicinity of any transmitter may experience problems with interference to their telephone, radios, television sets, “boom boxes”, and stereo equipment caused by the strong signal produced by AM radio stations in the immediate vicinity of the transmitter site. 30. It should be noted that blanketing interference is not transmitted. It is an artifact produced in radio receiving devices and other electronic equipment. Electronic equipment can be designed to work in high Radio Frequency (RF) fields. However, this typically causes the equipment to cost more to design, build and test. Consequently many manufacturers of consumer equipment do not bother, as they are more concerned with cost than they are with quality (also referred to as “cheap equipment”). Additional shielding and filtering can resolve most problems. 31. In some cases, it may not be possible to eliminate the effects of blanketing interference to a television receiver, radio, or a tape player in a “boom box” or portable stereo. This is especially true for the portable stereos with plastic cases. In these cases, it may be necessary to replace the receiver, “boom box” or tape player with a comparable piece of equipment which is known to function satisfactorily within the vicinity of strong signals. 32. KRPI is willing to help solve interference issues and has advised neighbors as to where to obtain filters, how to install them, and how to mitigate most interference problems. 33. KRPI has been operating from its current location since 1980 and has been operating at 50 kW since 1986. This facility predates many of the residences in this area. By way of example, of the seven parties that signed the “Submitted by” page of the Informal Objection, two are outside the blanketing contour, one did not provide a physical address, and three of the parties have moved in after 1989 and the commencement of the 50 kW operation (chart provided shows name, address, date house was built and location from the tower site). Many of the complainants have only recently moved to this site (“KRPI was here first” argument). The Informal Objection is a complaint about a facility which predates the arrival of many of those persons who are most vocal in their complaints. 34. Conclusion from the Engineering Statement: “The Informal Objection is the work of several individuals that have made a vocation out of being antagonistic towards KRPI operation. These individuals have successfully rallied support for their cause by presenting one-sided arguments to political bodies who are easily persuaded and have not fully researched the problem or given KRPI an opportunity to respond to their allegations. The only competent body to review these issues is the FCC. These individuals have demonstrated an unwillingness to peacefully co-exist and find solutions to the real and perceived problems”. 35. KRPI is located only ¼ mile from many residents and ½ mile from downtown businesses. Nearly the entire city of Ferndale is less than 2 miles from the radio station. In conclusion, KRPI’s transmission facilities have plagued the City of Ferndale’s residents and businesses for more than 28 years with Blanketing Interference. Relocating the towers to the town of Point Roberts (with a population of 1,314 full time residents) and by siting five 50,000 watt behemoths next to the urban area of Tsawwassen, will not only exacerbate the blanketing interference problem two or three fold, but will definitely disrupt the daily lives of residents and businesses on both sides of the border that stand in the path of the 1/Vm contour these five towers will lay at our doorstep
Posted on: Mon, 30 Jun 2014 05:20:45 +0000

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