by Storer and noted above. If a diurnal analysis of the situation on the channel is made which is essentially Storer's way of evaluating it-as shown by Storer and mentioned above the KGBS interference constitutes a very substantial limit on the service which KSWS could otherwise render. It is always more than the interference from KDKA, and during most of this presunrise period, it is so much more that the KDKA limit does not enter into the R.S.S. calculation.

36. Therefore, there is a very substantial impact from KGBS on KSWS. Considering the multitude of AM and FM services in Los Angeles (including two 50kw. class I stations and KGBS-FM), the lack of nighttime service in New Mexico, and the purpose for which class II-A stations are assigned as mentioned above, we believe that a reduction to 500 w. in the presunrise power of KGBS is appropriate in light of the material of record herein, in addition of course to the fact that when it enters into force the United States/Mexican “Presunrise" agreement will require it. We do not believe that, so limited, presunrise operation by KGBS will substantially impair the wide-area service, in a needful area, which class II-A station KSWS is designed to render, or constitutes any infringement of that station's rights, to hearing or otherwise. To the extent that KSWS renders skywave service, as it claims, it has been able to do so with KGBS operating presunrise at full power, and its potential will be improved by the reduction to 500w. power adopted herein.

37. Fulltime stations other than I-A.2 Section 73.99 (a) and (b), and the note following paragraph (b), refer to class II stations, without specifically mentioning fulltime class II stations on these channels. The notice in docket 17562 mentioned fulltime as well as daytime class II stations, and simply proposed to remove the note which permits presunrise use of full power.

38. CCBS and other I-A parties urged in docket 17562 that class II-A and other fulltime class II stations on these channels should not be permitted presunrise operation with other than authorized nighttime facilities. It was said that if using full power with daytime facilities they cause great interference to the cochannel I-A station; and if limited to 500 w. they violate the fundamental purpose for which II-A stations are assigned, service to wide, underserved white areas with high-power nighttime facilities. It is also pointed out that, having authorized nighttime facilities, they do not need presunrise privileges in order to operate. No fulltime stations on these channels (other than I-A) filed in docket 17562 or 18023; however, three such stations filed in docket 18036. These were class II-A station KSWS, class II station KFMB, San Diego (760 kc./s.), and station KOB, Albuquerque, whose status on 770 kc./s. is presently undecided. KSWS, opposing presunrise operation by KGBS, Los Angeles, as mentioned above, disavowed any interest in use of daytime facilities before sunrise. KOB simply asked that the Commission withhold action on any presunrise decision as to 770 kc./s. until resolution of KOB's status, and that meanwhile no action be taken which would prejudice KOB's rights on the channel. KFMB, on the other hand, seeks use of full daytime facilities (5 kw., nondirectional rather than its directional nighttime array) starting at 4 a.m. It claims that its situation warrants special consideration because it gave up its more favorable lower frequency (540 kc./s.) to aid implementation of the earlier United States/Mexican agreement, and because of the great distance between it and cochannel I-A station WJR, Detroit, with no other stations affected. The CCBS material concerning WJR shows some interference from presunrise operation by KFMB with day facilities.

39. In our judgment, use of full facilities presunrise by these stations is out of the question, as violative of the basic allocation concepts governing the I-A channels. We do not here decide that presunrise use of daytime modes of operation with 500-w. power (or less) should be precluded by rule, and accordingly are not changing the presunrise rule except by deleting the note permitting full daytime power to be used. However, any PSA request by fulltime stations on these channels will be scrutinized carefully to determine whether grant thereof would be in the public interest and preferable to requiring them to use authorized nighttime facilities during the hours involved. The area and population losses inherent in such proposals would appear to eliminate them from favorable consideration.

24 Most fulltime class II stations on these channels are located outside of the continental United States and operate with the same facilities day and night. This discussion applies to class II-A stations and KFMB, San Diego, and station KOB, Albuquerque, whose status is undecided.

40. The action taken herein in no way prejudices the situation of station KOB on 770 kc./s. Presunrise operation by daytime and limited-time stations on the channel may be engaged in with 500 w., but it does not appear that this will limit KOB's service to an extent substantially greater than it is already limited by WABC, the I-A station. If, in proceedings presently pending in docket 6741, it is decided that KOB should operate as a class I station (which is not the Commission's proposal), appropriate steps can then be taken with respect to cochannel presunrise operations.

Docket 18023: Adjustment to 6 a.m. local time

41. Under the note to section 73.99 (b) (1), western class II stations on these channels are presently limited to presunrise operation starting at 6 a.m. standard time which means 7 a.m. local time during the April-October daylight-saving portion of the year, although of course they can sign on at an earlier hour when their own local sunrise is earlier. The August 1968 decision in docket 18023, changing the rule to 6 a.m. local time for class III stations and class II stations on I-B channels, specifically refrained from making the same adjustment for these stations, because of the different considerations applicable to the I-A channels which required further evaluation. See first report and order in docket 18023, F.C.C. 68-859, 14 F.C.C. 2d 393.

42. Comments were filed by CCBS and KFI opposing the change as to these class II stations, and also by CBS in opposition (although not with particular reference to these channels). Comments favoring the change for stations generally were filed by Daytime Broadcasters Association, and western class II stations KFAX and KJIM (part of joint comments without particular reference to the I-A channels). Comments particularly relating to the I-A channels, and favoring the proposed change, were filed by western class II stations KXA, KXL, WRFD, KOZN, KMMJ, and eastern class II stations WHLO, WJJD, and WOI.25 43. The arguments advanced by the class II parties are generally the same as those urged by class III and other class II stations in the 6 a.m. proceeding and noted in the first report and order mentioned. They include the desirability of preserving existing service which many of these stations have rendered during the hours in question and on which listeners have come to rely, the need for an early sign-on to reach farm audiences and the generally early-rising popula tion of the area, the hampering effect on the station and the community of a late sign-on particularly in October," and the need for a sign-on reasonably early in terms of the life of the community. It is also urged by some that if sign-on at sunrise at the I-A location is permitted during the winter months, it should be at all times during the year.

44. CCBS and KFI oppose the change because of the increased interference to I-A service which would be involved. CCBS urges the following points: (1) Since most of the western class II stations cannot sign on at 6 a.m. because sunrise at the I-A location is later, the change involved here will not give them the uniformity of sign-on time which has been so highly stressed by daytimers generally in seeking this adjustment; (2) for the same reason, presunrise operation by these stations starting at 6 a.m. local time in the summer and early fall months is often further before sunrise than is 6 a.m. (local standard time) in winter, and thus the interference levels created will often be the highest of those occur、 ring during the year; (3) the change will in many cases considerably increase

28

27

See footnote 1, above, concerning the filings of KFI and WOI

26 Except for the Pacific coast stations, most of these western class II stations are located in the western portions of the eastern and central time zones (Ohio, Georgia, South Carolina, Nebraska, Oklahoma, and Texas). Therefore, their own sunrise is late during a large part of the year, and they depend on presunrise hours for early morning operation, probably to a greater extent than do regional stations overall.

27 Only the 5 Pacific coast stations can sign on all year at 6 a.m. or an earlier hour. All of the other daytime and limited-time class II stations are in the central and eastern time zones, and are therefore limited in January and some other winter months to sign-on later than 6 a.m. local time, by virtue of the sunrise time at the I-A location.

CCBS states that this is true in 10 cases (incorrectly including one station but also excluding one which should have been included), and in 13 others the maximum time before local sunrise during the daylight-saving time period would be the same as the maximum during the winter. One of the 10 is KIKK. Pasadena, Tex., on 650 kc./s. CCBS shows that (using the CCBS diurnal curves), the interference limitation from KIKK to the groundwave service of WSM, the cochannel I-A station at Nashville, would be greater in August than 18 F.C.C. 2d

the total time of presunrise operation by these stations and thus the duration of interference to I-A service; (4) the interference to I-A service thus created will occur at the time of year when such service is of most importance, to rural audiences during the growing and harvest seasons and when people are traveling on the highways in large numbers (vacationers, truckers, etc.); (5) viewed as a group, these stations do not represent much in the way of needed local service which is important at an early hour, since most of them are in or near cities with abundant fulltime AM and FM service (see par. 22 and footnote 11, above), and therefore the interference from presunrise operation during the additional time is not justified.

45. After careful consideration of this matter, including the arguments just mentioned, we are of the view that the 6 a.m. local time adjustment should be made for these stations, just as it was in the 1968 decision for stations on other channels. We adhere to the conclusions reached there (e.g., pars. 31-32, 45–46. 14 F.C.C. 2d 406-407, 412-413), concerning the desirability of providing for the rendition of broadcast service, bringing informational and other material, at an hour reasonably early in terms of the life of the community, which now nearly always is geared to advanced time during the April-October period. We are aware, as CCBS points out, that in most cases such operation by these stations is not necessary to aural, or even AM, service to the community. But this is not always true (see par. 22 and footnote 11, above), and even where it is we believe that the provision for a 6 a.m. local time sign-on is desirable to remove a substantial impediment to these stations' operation and provide for a uniform and reasonably early sign-on during most, even if not all, of the year. These benefits we believe outweigh the additional interference which will result. Certain other considerations should be pointed out. First, the considerations of equity and technical parity, which are one reason for imposing a general 500-w. limitation on these operations as mentioned above, likewise apply here to indicate a relaxation of the starting time to 6 a.m. local time, as has been done for other stations in our 1968 decisions. Second, the interference from the additional operation thus permitted will be lessened materially by the 500-w. limit imposed on all of these stations which are substantial sources of potential interference to I-A service, and the overall presunrise situation will be substantially improved by the reduction in power of 20 stations which have hitherto been permitted to operate with full daytime power presunrise. Third, to a substantial extent the operation this permitted is that which has taken place in the past, with full daytime power, and therefore the change will simply remove a restriction and permit resumption of past service, limited as prescribed herein to avoid excessive interference.1

The Eastern Class II Stations

46. The 28 eastern class II stations on U.S. I-A channels (including WOI and WNYC, whose presunrise operation is not considered herein, and one on

it is in January (ranging from 0.66 to 0.34 mv./m. in August compared to 0.5 to 0.25 mv./m. in January). The situation in this respect appears to be somewhat different from that on the regional channels, where, overall, the time between 6 a.m. d.s.t., and sunrise in October and the other advanced-time months is less than it is between 6 a.m. s.t., and sunrise in January and the winter months, and hence, interference levels are lower. See the first report and order in docket 18023, pars, 38-39, 14 F.C.C. 2d 393, 409.

In one case, (WTUF, Mobile, 840 kc./s.), presunrise operation can take place only if the adjustment to 6 a.m. local time is made.

30 As noted earlier, local sunrise for many of these stations is relatively late and therefore they must rely on presunrise time during substantial portions of the year.

31 The 6 a.m. local time change will mean additional presunrise operation (and whatever interference results therefrom) as compared to 1968 and 1969 up to now, since such operation has been limited to 6 a.m. standard time. However, as compared to 1967 the change will not represent any additional operating time, since presunrise operations were permitted under the earlier, more liberal rules until October 28 of that year, with full power. Advanced time was in effect starting April 1, 1967. so stations which wished to sign on at 6 a.m. local time (which is a fairly common starting time for stations generally) signed on at 5 a.m. standard time. As to earlier years, when these and other stations could sign on at 4 a.m. but advanced time was not in effect nationally or in some of the States where these stations are located (e.g., Nebraska, Oklahoma, and Texas), some probably operated during the 5 a.m.-6 a.m. (standard time) hour and some not; those that did of course used full power. In the case of KIKK, Pasadena, Tex., specifically mentioned by CCBS as a source of summertime interference (footnote 28, above), examination of its 1968 renewal application shows 89% hours of operation during the composite week (days in 1966 and 1967) indicating operation generally starting as early as sunrise Nashville permits. See in this connection the first report and order in docket 18023, pars. 40-42 (14 F.C.C. 2d 410-411).

32

1210 kc./s. in Puerto Rico) are on 13 of the 25 U.S. I-A channels. Presunrise operation by all of these stations, whose sunrise time is generally earlier than that at the I-A location, would seriously impair or destroy completely skywave service on these channels by the cochannel I-A stations during part or all of the presunrise period, at least if conventional nighttime interference standards are used in evaluating the interference, as shown both in the present proceedings and in earlier considerations of 5 to 7 and 6 to 6 extended hours of operation (docket 12274 (1958), and docket 12729 (1959)). Such a serious impairment of the multiple skywave service structure, through authorization of a large number of interference-producing class II operations before sunrise, it is not to be considered without a very substantial showing that the public interest would be served. Viewed as a group, these 26 stations appear to represent only a modest amount of greatly needed aural service or potential service, either in terms of early-morning service to underserved areas or service of local origin. Therefore, while we give some consideration to presunrise operation by these 26 stations generally, our attention is directed primarily to the question of permitting such operation by the five stations (other than WOI) on whose behalf comments herein were filed. These are WHLO, Akron (640 kc./s.); WAIT, Chicago, and WIKY, Evansville, Ind. (820 kc./s.); WHCU, Ithaca, N.Y. (870 kc./s.); and WJJD, Chicago (1160 kc./s.). All but WAIT have operated presunrise in the past; WJJD terminated its operation in 1965 following a complaint by cochannel I-A station KSL, Salt Lake City; the operations of WHLO and WIKY were terminated after our adoption in 1967 of the new presunrise rule clearly precluding eastern class II presunrise operation on these channels; and the operation of WHCU continues pursuant to Court order pending its appeal from adoption of that rule and denial of its request for waiver. As far as is known, these are the only presunrise operations by eastern class II stations on these channels which have taken place in recent years. The law firm of Daly and Joyce also filed comments supporting the cause of presunrise operation by these stations.

47. The further notice in docket 17562, which enlarged that proceeding to include the matter of presunrise operation by these stations on the basis of the requests of WHLO and WHCU, stated the question as involving the public value of such class II usages vis-a-vis cochannel U.S. I-A nighttime services which they would inevitably limit, to some degree, as well as secondary issues going to the circumstances under which such operation should be permitted and the degree of skywave interference protection to be afforded class I stations. Some of the arguments advanced by these class II parties have only a small relation, if any, to the question of public value as opposed to their own private interest. This is true, for example, of the economic arguments of WHCU and similar arguments advanced by WIKY and WAIT. We recognize that the hours involved here are often periods of high audience and revenue potential, as has often been asserted in presunrise proceedings. But considering the amount of time involved--which is small for these stations as it is for the I-A stations-we are not persuaded that their economic situations would suffer from the absence of presunrise time to an extent which will substantially impair their ability to operate in the public interest or to compete with other stations. The matter of a uniform sign-on, which some of these stations urge, is likewise largely a matter of private

32 Of the 26 stations, 13 are in communities with no fulltime AM outlet; in three of these cases (Forest City and Kannapolis. N.C., and Ithaca, N.Y.), there is a local station with presunrise authority, and in four other cases the community is in an urbanized area close to a city with fulltime AM service (East Lansing, Mich., Hempstead, N.Y., Bethlehem, Pa., and Arlington, Va.). Ten of thse 13 stations are associated with FM stations; there is other local FM service at Kannapolis, N.C., and a vacant FM channel at Dunn, N.C.

WHCU, licensed to Cornell University, claims that it is self-sustaining and only marginally profitable, and the anticipated annual loss of $30,000 in revenue would mean a deficit and less time for public-service programing.

34 As shown by its comments, WHCU's actual presunrise operating schedule including about 165 hours. WHCU as a limited-time station can operate until sunset at New Orleans, and presunrise time represents about 3.5 percent of its annual operating hours. In the case of limited-time stations WAIT and WJJD, the number of annual presunrise hours and percentage is about the same (about 162 hours a year). Limited-time station WHLO, Akron, has a relatively late sunrise and more annual presunrise hours, about 300, 5.4 percent of its operating hours. In the case of WIKY, daytime-only, 142 hours of annual presunrise operation represent about 3 percent of annual operating hours. These figures assume sign-on at 6 a.m., local time, which these stations seek; a 6 a.m. standard time sign-on would mean fewer hours and a smaller percentage.

concern insofar as it may lead listeners to turn to other stations. To the extent the listener inconvenience involved is a public-interest factor (as claimed by WHLO with supporting letters), we cannot find that provision for a uniform signon, as such, is a consideration even closely approaching in significance the interference impact which such operations have on I-A service. We point out in this connection that a large group of stations-those on foreign I-A channels, numbering more than 500-have not had and do not have such uniformity, and the same is true of many class II stations on U.S. I-A and I-B channels.

48. Another argument made by some of the parties is that their presunrise operations are not only significant as rendering valuable, relied-upon service for a long period, but have existed without complaint by the I-A station or listeners of interference (and sometimes with the I-A station's agreement. Therefore, it is urged, they should be permitted to continue and in view of the absence of demonstrated impact in these cases similar operation by other stations should be permitted. We can attach little significance to the absence of complaint, for reasons already stated (par. 19).

38

49. Interference to I-A groundwave service. Except for WHCU, these commenting parties almost completely ignore the matter of interference to I-A groundwave service from their presunrise operations, which is substantial in all cases except WHLO. In the case of WAIT and WIKY on 820 kc./s., CCBS shows, on the basis of diurnal evaluation using the CCBS curve, that in January both stations cause interference within the 0.5-mv./m. groundwave contour of WFAA/ WBAP, the I-A stations at Dallas-Fort Worth, even after sunrise at the class II locations (WAIT to a maximum of 1.57 mv./m. if using its full 5 kw. or 0.64 mv./ m. using 500 w.). During the presunrise period the interference would be greater. In the case of WJJD, the interference to the groundwave service of KSL on 1160 kc./s. would be less and CCBS does not show it; but it appears that it would fall within the 0.1-mv./m. contour even if WJJD were limited to 500 w. WHCU and I-A station WWL (870 kc./s.) both discuss at length the extent of interference to WWL's groundwave service; both using the CCBS diurnal curve in their evaluation. While the showings differ, it appears that the interference occurs within the 0.5-mv./m. contour along somewhat more than half of that contour from east to west (in the direction of WHCU) at about the WHCU presunrise starting time in 6 months of the year. Later in the presunrise period the interference is less, as it is in some other months when the operation begins closer to sunrise; but it occurs within the WWL 0.1-mv./m. contour at all times and in all directions."

35 The WHCU operation dates from 1956, on the basis of an understanding of consent, on a temporary basis, by Loyola University, licensee of cochannel I-A station WWL. There was no complaint by WWL until, after this matter was raised following the Commission's 1967 presunrise decision, it terminated by letter of Nov. 7, 1967, any agreement which had existed. The WHLO and WIKY presunrise operations took place for 10 years or more: it is stated, as far as we know correctly, that there was no complaint from the I-A station or listeners, and the station may not even have been aware of the operation, WJJD terminated its operation in 1965 on complaint by KSL (the only such complaint against an eastern class II presunrise operation). KSL. in further comments accepted for this limited purpose since WJJD's argument was first advanced in reply comments, asserts that this was prompted by hundreds of complaints from listeners after KSL commenced 24-hour operation. The WJJD and KSL comments conflict as to the extent to which KSL operated during the early morning hours in previous years; Standard Rate and Data shows both 24-hour and lesser operation at various times. The other I-A stations on these channels have operated 24 hours a day at least 5 days a week.

38 During part of the presunrise period interference from these stations is less than that from WOSU. Columbus, Ohio (5 kw.), immediately after its own sunrise: but such operation takes place during less than half of the hours involved in presunrise operation at Chicago and Evansville starting at 6 a.m.

37 WWL's showing is of interference conditions at S.R. midpoint minus 14 hours, and at later times. The S.R.-1:15 conditions prevail at or near the beginning of WHCU presunrise operation in January, February, late April, September, most of October, November. and December, according to WHCU's analysis of its presunrise starting time in relation to sunrise. WHCU claims, on the basis of diurnal analysis, that it causes interference within WWL's 0.5-mv./m. contour, on the 15th of each month, for the following number of minutes: January, 23; February, 28; October, 30; November, 16; and December, 14 Cout of 60 minutes operation); for 19 of 45 minutes on September 15, and not at all on March or August 15. As mentioned below, WHCU and WWL differ somewhat as to the location of the WWL 0.5-mv./m. contour. Presunrise operation by WHCU begins at 6 a.m. local time or an hour before sunrise Ithaca if less; it does not occur during most of April and all of May, June, and July.