KATY STA Mod Pet CS

BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In re Authorization of
)
)
) FCC File Nos. BSTA-20061103ABF
)
and BDNH-20070611AKV
)
)
)
)
CBS Radio East Inc.
for Hybrid Digital Operations
Radio Station KRTH-FM(FM),
Channel 266B+, Los Angeles, California,
FCC Facility ID No. 28631
To: The Office of the Secretary,
for the Attention of the Chief, Audio Division, Media Bureau
PETITION FOR RELIEF FROM INTERFERENCE,
AND FOR MODIFICATION OF STA
ALL PRO BROADCASTING, INC.
JOHN JOSEPH MCVEIGH, ATTORNEY
16230 FALLS ROAD, P.O. BOX 128
BUTLER, MARYLAND 21023-0128
TELEPHONE: 443.507.5611
DATE: MAY 19, 2010
AT
LAW
SUMMARY ...........................................................................................................................ii
I. BACKGROUND .................................................................................................................2
A. THE STATIONS .........................................................................................................2
B. FCC IBOC DECISION TEXTS .................................................................................3
C. KRTH’S IBOC FILINGS ..........................................................................................7
D. INTERFERENCE
TO
STATION KATY-FM .................................................................8
E. ALL PRO’S ATTEMPTS TO GET CBS TO ADDRESS THE PROBLEM .....................9
II. ARGUMENT ..................................................................................................................11
A. STATION KATY-FM IS SUFFERING SUBSTANTIAL AND DESTRUCTIVE
INTERFERENCE. ...........................................................................................................11
1. ON-AIR RECORDINGS ............................................................................................11
2. FIELD MEASUREMENTS
3. MOBILE LISTENING
AND
AND
RATIO ANALYSIS ....................................................12
TRAFFIC PATTERNS IN THE INTERFERENCE AREA.....13
B. STATION KRTH MUST REMEDY THE SUBSTANTIAL AND DESTRUCTIVE
INTERFERENCE THAT IT IS CAUSING TO STATION KATY-FM.................................19
C. PUBLIC-SAFETY CONSIDERATIONS ........................................................................24
III. RELIEF REQUESTED....................................................................................................27
IV. CONTINUED OPERATION OF KRTH-DIGITAL ACTS AS AN INDIRECT MODIFICATION
ALL PRO’S LICENSE FOR STATION KATY-FM. ..............................................................28
V. CONCLUSION ................................................................................................................30
EXHIBIT A
EXHIBIT B
EXHIBIT C
OF
-ii-
SUMMARY
All Pro Broadcasting, Inc. (All Pro), the licensee of Station KATY-FM, Channel 267A,
Idyllwild, California, FCC Facility ID No. 33611, herein requests that the Commission’s staff, on
delegated authority, grant relief from substantial harmful and destructive interference that Station
KATY-FM is suffering, on an ongoing basis, from the hybrid Digital operations of Station
KRTH, Channel 266B+, Los Angeles, California, FCC Facility ID No. 28631. All Pro shows in
this Petition that Station KATY-FM is the victim of widespread, objectionable, and destructive
interference from Station KRTH, to the substantial detriment of Station KATY-FM, to the
substantial detriment of All Pro, and to the substantial detriment of the listening public. All Pro
includes with this Petition a detailed technical analysis of the relative signal strengths of Station
KATY-FM and Station KRTH. That analysis demonstrates that the +20-dB Desired-toUndesired (D/U) ratio that is applicable to cochannel signals is not satisfied throughout
substantial portions of Station KATY-FM’s 60-dBµf(50,50) service area. The affected area includes
heavily traveled highways that are among the most congested in the nation. All Pro has
previously attempted to get the licensee of Station KRTH to focus on and to address this
problem, to no avail. Therefore, the circumstances force All Pro to seek redress from the
Commission’s staff. To ensure that Station KATY-FM receives the protection to which it is
entitled under the Communications Act, the Commission’s staff must take prompt, remedial
action.
For the above reasons, at a minimum, the Audio Division should promptly, and on delegated
authority, require the licensee of Station KRTH to reduce that facility’s Digital ERP to 7.4 Watts
and to cooperate with All Pro in joint A/B tests to eliminate the ongoing interference to Station
-iiiKATY. All Pro stands ready to cooperate with the licensee of Station KRTH, and if it is willing
to participate, the Enforcement Bureau, in the conduct of such tests.
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In re Authorization of
CBS Radio East Inc.
for Hybrid Digital Operations
Radio Station KRTH-FM(FM),
Channel 266B+, Los Angeles, California,
FCC Facility ID No. 28631
)
)
) FCC File Nos. BSTA-20061103ABF
)
and BDNH-20070611AKV
)
)
)
)
To: The Office of the Secretary,
for the Attention of the Chief, Audio Division, Media Bureau
PETITION FOR RELIEF FROM INTERFERENCE,
AND FOR MODIFICATION OF STA
All Pro Broadcasting, Inc. (All Pro), the licensee of Station KATY-FM, Channel 267A,
Idyllwild, California, FCC Facility ID No. 33611, by its communications counsel, hereby
requests that the Commission’s staff, on delegated authority, grant relief from harmful and
destructive interference that Station KATY-FM is suffering on an ongoing basis from the hybrid
Digital operations of Station KRTH, Channel 266B+, Los Angeles, California, FCC Facility ID
No. 28631. As All Pro will show in this Petition, Station KATY-FM is the victim of widespread,
objectionable, and destructive interference from Station KRTH, to the substantial detriment of
Station KATY-FM, to the substantial detriment of All Pro, and to the substantial detriment of the
listening public. To ensure that Station KATY-FM receives the protection to which it is entitled
under the Communications Act, the Commission’s staff must take prompt, remedial action.
-2-
I. BACKGROUND
A. THE STATIONS
1. Radio Station KATY-FM serves the community of Idyllwild, in Riverside County,
California on 101.3 MHz, Channel 267A. All Pro, the licensee, is an independent company,
principally owned by Willie Davis, an African American.1 KATY-FM’s licensed facilities have
an Analog ERP of 1.55 kW and an HAAT of 200 meters.2 These facilities are equivalent to the
normal § 73.211(b) limits for a Class A Station. The licensed main-antenna site has the NAD
1927 coordinates: North Latitude 33° 43’ 31”; West Longitude 116° 44’ 58”.
2. Radio Station KRTH serves the community of Los Angeles, California on 101.1 MHz,
Channel 266B+. It is a grandfathered, superpowered facility, with an Analog ERP of 51 kW and
an HAAT of 955 meters.3 These facilities far exceed the equivalent of the normal Class B limits
specified in 47 C.F.R. § 73.211(b). They even exceed the equivalent of the § 73.211(b) limits for
a Class C station. The licensed main-antenna site’s coordinates are: North Latitude 34° 13’ 38”;
West Longitude 118° 04’ 00”. The main antenna is at the KHJ-TV transmitter site site on Mount
Wilson, the antenna site of choice for coverage of the Los Angeles metropolitan area. The
Station also has an auxiliary facility at the same location.4
3. Stations KATY-FM and KRTH are on first-adjacent-channels relative to each other. The
distance between the two transmitter sites is 133.9 kilometers on a (KATY-FM to KRTH) bearing
of 295° True. The minimum acceptable distance between the Stations, per § 73.207(b)(1), is 113
km. The two Stations are thus fully spaced per § 73.207(b)(1).5
1 All
Pro also operates a Class-A FM facility in San Bernardino County, Station KCXX, 103.9
MHz, Channel 280A, Lake Arrowhead, California, FCC Facility ID No. 2398.
2
See FCC File No. BMLH-20071002ACQ.
3
See FCC File No. BMLH-20071015AJG.
4
See FCC File No. BXLH-20071026ABP.
5
The spacing rule does not take into account Station KRTH’s superpowered status.
-3B. FCC IBOC DECISION TEXTS
4. By means of the First Report and Order in MM Docket 99-325, 17 FCC Rcd 19990
(2002), recons. den., 22 FCC Rcd 10344 (2007), the Commission selected the In-Band, OnChannel (IBOC) technology developed by the iBiquity Corporation as the de facto protocol to be
used for Digital transmissions within the AM and FM Broadcasting Bands. IBOC was billed as:
as an enhancement to FM broadcasting in the U.S., charting the course for an efficient
transition to digital broadcasting with minimal impact on existing analog FM
reception and no new spectrum requirements.
[Footnote omitted.]. First Report and Order, supra, at para. 6. The Commission initially limited
Digital operations to the hybrid Digital mode. This mode permits the simultaneous transmission
both of the normal analog signal and of a 96-kbaud Digital signal. The Digital information is
transmitted on frequencies immediately adjacent to the Analog signal, using orthogonal
frequency division multiplexing.
5. The Commission, “... favor[ed] the rapid implementation of DAB in a manner that
[would] not disrupt existing service.” Id. Among the selection factors was IBOC’s, “...
purported compatibility with existing analog service.” Id. at para. 7. The Commission did note,
however, the potential for interference to existing Analog operations, and to Subsidiary Carrier
Authorization services such as reading radio services for the blind.
[B]ased on the likelihood that many instances of interference can be eliminated by
replacing susceptible receivers with better models, and on the Commission’s expertise
in satisfactorily managing blanketing and other interference allegations, we believe
we can develop procedures to resolve successfully interference complaints on a caseby-case basis. During the period of interim operations, we expect broadcasters to
work closely with complainants to resolve allegations of interference to radio reading
services. We reserve the right to require specific remedial measures when the parties
are unable to agree on corrective action.
Id. at para. 17. The Commission adopted a maximum Digital ERP level of one percent (1%) of
the FM Analog ERP, -20 decibels relative to the Analog carrier, or -20 dBc.
-46. In the Second Report and Order, First Order On Reconsideration, and Second Further
Notice Of Proposed Rule Making in MM Docket 99-325, 17 FCC Rcd 19990 (2002), 22 FCC
Rcd 10344 (2007), the Commission affirmed the First Report and Order, supra. The FCC also
allowed FM stations to operate in extended hybrid modes.6 The Commission stated:
[….][ If interference issues do arise, we are confident that the […] staff will be able to
resolve disputes on a case-by-case basis, and we intend that the staff will address
these complaints in a timely fashion. In this connection, the Media Bureau has full
authority to adjust and, if necessary, prohibit hybrid operations by broadcasters.
Id. at para. 18.
7. At paras. 97-98 of the Second Report and Order, supra, the FCC dealt with the issue of
Digital operations by grandfathered, superpowered stations. To protect stations on adjacent
channels, Livingston Radio Company and Taxi Productions Inc. (Livingston) had urged the FCC
to restrict the Digital power levels of superpowered FM stations. Livingston urged the Agency
not to extend superpower privileges into the Digital environment. Rather, Livingston asserted,
the Commission should use the normal § 73.211 limits as the reference for determining the
maximum allowable Digital signal power of a grandfathered, superpowered facility (e.g., in the
case of KRTH, the normal Class B limits of 50 kW ERP at 150 meters HAAT, or equivalent).
8. The FCC held that consideration of superpowered status was beyond the scope of the
proceeding, and declined to adopt special restrictions on Digital operations by such stations. The
FCC did say, however, that it would continue to evaluate any complaints of possible IBOC
interference on a case-by-case basis, as per the First Report and Order, supra.
9. On January 29, 2010, the Media Bureau issued an Order, 25 FCC Rcd 1182, to permit,
under certain conditions, increased FM Digital power levels. The Order also established
procedures for dealing with complaints concerning any interference that might result from such
6
“According to NAB [i.e., the National Association of Broadcasters], the extended hybrid mode,
which adds up to 50 kbps of data carrying capacity to an FM IBOC signal […] without affecting
the quality of the 96 kbps main channel digital audio signal.”
Second Report and Order at para. 18.
-5power increases. The April 8, 2010 edition of the Federal Register included a summary of the
Order. 75 Fed. Reg. at 17874. The Order became effective thirty (30) days later.
10. The power increase was in response to claims that IBOC needed additional power to
replicate Analog coverage, particularly for receivers with indoor antennas and for portable
receivers. Order, supra, at para. 13. For many FM stations, the maximum would increase from
one percent (1%) of the Analog ERP (-20 dBc) to 10% of the Analog ERP (-10 dBc).7 Due to
interference concerns, however, grandfathered, superpowered FM stations would be limited:
• either to the the currently permitted -20 dBc level; or
• to -10 dB relative to the Analog power that would be authorized for a normal
station of the class of the super-powered FM station, adjusted for the station’s antenna
height above average terrain (HAAT), predicted in accordance with § 73.211(b),
whichever is higher.
11. In the Order, the Media Bureau also dealt with the issue of specific Digital/Analog
Protection Standards. The Bureau stated, at para. 23:
We believe that our existing FM technical protection scheme has proven its efficacy
and robustness over time. The analog FM predicted interference methodology promotes
full spectrum utilization, permitting stations to maximize service within protected
coverage areas while generating extremely few interference complaints. A digital-intoanalog predicted interference methodology would provide similar benefits to broadcasters
and listeners. The present record does not support the establishment of protection
standards. Such standards, however, are unnecessary in light of the digital power limits
and interference dispute procedures adopted herein. The Bureau anticipates that
widespread implementation of FM Digital ERP increases will provide valuable coverage
and interference data that will be useful in developing a prediction methodology. Neither
the general 6 dB power increase nor the standards we adopt for additional FM Digital
ERP is intended to prejudge future standard setting efforts. We are convinced that it is
imperative for us to implement a power increase promptly and that the record establishes
that the digital power limits set forth in this order will provide the necessary protection to
7
Pursuant to the Order, eligible FM stations will be able to operate with an FM Digital ERP of
up to -14 dBc – up to a +6 dB, or 4x, power increase relative to the previous maximum, with a
possible further increase to a maximum of -10 dBc relative to the Analog carrier, depending upon
protection of potentially affected Analog stations’ 60 dBμ contours.
-6analog FM stations. However, out of an abundance of caution, we are adopting
interference remediation procedures, discussed below, to address instances of loss of
analog service within a full-service FM station’s protected contour. [Footnotes omitted. 8]
12. The interference-mitigation and -remediation procedures adopted in the Order are
intended to achieve prompt resolution of complaints about interference to any full-service FM
Analog facility as a result of any FM Digital ERP power increase undertaken pursuant to the
Order. Pursuant to the Order, if a full-service Analog FM station receives verifiable listener
complaints of interference within its protected contour from FM Digital facilities operating with
FM Digital ERP in excess of -20 dBc, the licensee of the affected Analog station must contact the
licensee of the station operating digitally. The Bureau will require the stations to work
cooperatively to confirm the interference and to eliminate it using voluntary, tiered Digital ERP
reductions. If the stations resolve the interference by voluntary ERP reduction, then the Digital
licensee must maintain its Digital ERP at the jointly-agreed-upon, reduced level, and must so
notify the Commission.
13. If the stations fail to agree on remediation measures, the affected Analog licensee can
complain to the Bureau. To be considered, the complaint must contain at least six reports of
ongoing – rather than “transitory” – interference. For each reported instance of interference, the
affected licensee must submit a map showing the location, and a detailed description of the
nature and extent of the interference, of the tests and equipment employed to identify the
interference, and of the scope of unsuccessful efforts to resolve the problem.
14. The Bureau will not consider complaints of interference occurring outside a victim
station’s protected Analog contour. The Bureau is to review each complaint and to order
appropriate action by the Digital licensee within 90 days after a complete and sufficient
complaint is filed. If the Bureau fails to act within that period, the interfering station must
immediately reduce its FM Digital ERP to -14 dBc. If ongoing complaints of objectionable
8
In one of the omitted footnotes, the Bureau stated that the Commission’s delegation of authority
to the Bureau in the Second Report and Order did not appear to encompass the establishment of
Analog protection standards.
-7interference from the FM Digital facilities persist, the Bureau may require subsequent reductions
in FM Digital ERP to -17 dBc and -20 dBc, respectively, until the Bureau acts on the pending
interference complaint, or until the interference disappears.
15. The Bureau stated its belief that the FM Digital ERP increase would not result in
numerous or intractable cases of objectionable interference to Analog FM stations. Nonetheless,
if implementation of the adopted increase results in widespread interference to existing Analog
FM stations, the Bureau intends to promptly revisit the issue.
C. KRTH’S IBOC FILINGS
16. On November 3, 2006, CBS filed a request for a Special Temporary Authority for KRTH
to conduct operations in the Hybrid Digital mode. See FCC File No. BSTA-20061103ABF.
CBS proposed to have the licensed main antenna generate the Analog ERP, and the licensed
auxiliary antenna generate the Digital ERP. At the time, the auxiliary antenna was a six-bay,
circularly polarized Cetec Model JHCP-6 at the same HAAT (955 meters) as the main antenna.
17. The STA request specified that the Digital “Transmitter Power Output” would be 510
Watts.9 On November 6, 2006, the Bureau granted CBS’s request for STA. On June 11, 2007,
9
We assume that this was a typographical error because, based on the ratio of the Analog ERP to
the Analog TPO, if there would be no additional losses from use of a combiner, the resulting
ERP would have been 1,450 Watts.
-8CBS filed a Digital Notification with the Commission concerning its hybrid operations. See
FCC File No. BDNH-20070611AKV.10
18. On August 9, 2007, CBS applied for a Construction Permit to install a Dielectric Model
DCRM3EFE75R circularly polarized auxiliary antenna at the Mount Wilson site that would
operate with an ERP of 16 kW. See FCC File No. BXPH-20070809AAV. The Bureau granted
this application on August 22, 2007.
19. On October 26, 2007, CBS applied for a license to cover the Construction Permit. See
FCC File No. BXLH-20071026ABP. The second attachment to Exhibit 10 to the license
application indicated that CBS had installed two interleaved antennas: a Dielectric Model
HDRM3EFE75R three-element unit for the Digital signal; and a Dielectric Model
DCRM4CFE75R four-bay unit for Analog use.
D. INTERFERENCE
TO
STATION KATY-FM
20. Since the second half of 2007, Station KATY-FM has been receiving substantial and
destructive interference within its 60dBµf(50,50) contour. This coincides with Station KRTH’s
commencement of IBOC operations. All Pro has received numerous interference complaints by
telephone from its listeners, but over time, the rate of complaints have dropped off. This does
10
By Public Notice of March 20, 2003, IBOC Notification Procedures Effective Immediately, 18
FCC Rcd 5029, the Media Bureau announced that AM and FM radio stations must notify the
FCC within 10 days of commencing IBOC service. This replaced the requirement that a licensee
obtain special temporary authority (STA) prior to the initiation of IBOC transmissions. The
Public Notice specified the information that the Digital-notification letter had to provide.
By Public Notice of March 17, 2004, Use of Separate Antennas to Initiate Digital FM
Transmissions Approved, 19 FCC Rcd 4722, the Bureau approved the use of separate antennas
for Analog and Digital operations. Stations desiring to operate in this manner would have to use
a licensed auxiliary antenna as the IBOC radiator, and would have to obtain an STA.
By Public Notice of October 2, 2007, Clarification of Notification Procedures for Dual
Antenna Hybrid Digital Operation, 22 FCC Rcd 17600, the Bureau clarified the notification
procedures for stations using dual antenna systems pursuant to STAs. Such stations had been
designated as hybrid Digital stations and would be deemed to have provided the notification
required by 47 C.F.R. § 73.404. Such stations would not have to file new notifications, absent
subsequent technical changes or changes in their technical contact information.
-9not mean that the interference has abated. Rather, it suggests that listeners have simply become
used to the interference, and have learned to tune elsewhere on the dial for Analog FM service.
21. The evident source of the interference is the Upper Digital Sideband of Station KRTH.
That sideband extends from 101.229 MHz to 101.298 MHz, with its “additional reference
subcarrier” at 101.298 MHz... nearly cochannel to the quiescent Analog carrier of KATY-FM at
101.3 MHz. Station KRTH's Upper Digital Sideband thus occupies nearly the entire lower half
of Station KATY-FM’s licensed FM channel, 267, and Station KRTH’s Upper Digital Sideband
is essentially cochannel to station KATY-FM. See Attachment A hereto, the Engineering
Statement of Elliott Kurt Klein, All Pro’s Consulting Broadcast Engineer, at para. 6.
E. ALL PRO’S ATTEMPTS TO GET CBS TO ADDRESS THE PROBLEM
22. In an attempt to resolve the problem, All Pro authorized Mr. Klein to contact CBS about
the interference that Station KATY-FM had been experiencing within its predicted
60dBµf(50,50) contour. Accordingly, in early 2008, Mr. Klein contacted Mr. Glynn Walden, CBS’s
Director of Engineering. See Attachment A at para. 8. Mr. Klein reports that, at the time the two
spoke, Mr. Walden was very defensive. He assured Mr. Klein that, “CBS ha[d] made
measurements on KATY and there is no interference problem within the KATY 60dBµ Protected
Contour.” Mr. Walden went on to tell Mr. Klein that the measurements had been done prior
CBS’s notifying the FCC of the intended KRTH IBOC operations at 0.510 kW ERP and 955
meters HAAT. Mr. Klein relates that, as the conversation ended, he asked for documentation of
the measurements , but that he never received any documentation, or any other response. See
Attachment A at para. 8.
23. In a second attempt to resolve the problem, in April 2009, Mr. Davis, the principal of All
Pro, contacted Mr. Dan Mason, the President and CEO of CBS Radio. After that
communication, Mr. Davis called Mr. Klein and asked him to call and to speak with Mr. Mason
-10at CBS. See Attachment A at para.12. Mr. Klein did so shortly after his conversation with Mr.
Davis in late April 2009. See Attachment A at para. 12.
24. Mr. Klein was able to contact Dan Mason at his office in New York City. Mr. Klein
relates that the conversation was very cordial. Dan Mason requested that Mr. Klein contact Mr.
Scott Mason, CBS’s V.P. of Engineering in Los Angeles. Mr. Klein contacted Scott Mason
several days later at his office in Los Angeles. The two discussed the interference issue and Mr.
Klein’s proposal that CBS use a directional antenna for Station KRTH’s IBOC operations. Mr.
Klein’s proposal was for an antenna with a null toward the KATY-FM transmitter site. During
the conversation, it was decided that Mr. Klein would produce an Engineering Memorandum
documenting calculated interference to KATY-FM from the KRTH Upper Digital Sideband. See
Attachment A at para.12.
25. Exhibit E-26 to Attachment A hereto is a copy of the Engineering Memorandum that Mr.
Klein prepared and sent to Scott Mason in late May of 2009. So that Mr. Mason would have a
reasonable opportunity to review the memo, Mr. Klein waited approximately ten days after
sending the Engineering Memorandum. Mr. Klein then contacted Scott Mason by telephone to
discuss the matter. Mr. Klein relates that when he reached Mr. Mason, Mr. Mason indicated that
he had read the memorandum, but that he questioned both the calculations and the proposed
cure.11 Toward the end of the conversation, Mr. Mason said that the exhibits accompanying the
Memorandum (which are also part of Exhibit E-26 to Attachment A) were interesting, but that
11
The Exhibit 26 Engineering Memorandum suggested a 9.0dB-deep null for the proposed
directional antenna. Mr. Klein’s thinking at the time was that -9 dB of suppression would resolve
the interference problem. However, based on further analysis, Mr. Klein has since concluded
that a deeper null is required to eliminate the interference. Mr. Klein now believes that a null at
least -15 dB deep will be required. Further A/B tests with CBS’s cooperation will allow Mr.
Klein and All Pro to determine an acceptable level of suppression.
-11they needed to be backed up with measurements. Mr. Klein replied that if CBS did not want to
accept his calculations as valid indicators of a serious, ongoing interference problem, CBS
should take its own measurements. The conversation ended with a cordial goodbye. See
Attachment A at para. 13.
26. Mr. Klein interpreted what Scott Mason had said during the telephone conversation to
mean that, before CBS could take the interference claim seriously, CBS would need to conduct
its own investigation, including signal-strength measurements. However, Mr. Klein never heard
back from Mr. Mason. See Attachment A at para. 14.
II. ARGUMENT
A. STATION KATY-FM IS SUFFERING SUBSTANTIAL AND DESTRUCTIVE INTERFERENCE.
1. ON-AIR RECORDINGS
27. In late July and late August of 2009, All Pro had its field engineer, Larry Slover, make
audio recordings of the interference that Station KATY-FM was experiencing from the Upper
Digital Sideband of station KRTH. In Attachment B hereto, Mr. Slover describes the equipment
that he used to make the recordings and the nature of the interference he observed. Exhibit 27 to
Attachment C hereto is a Compact Disc that contains copies of the digitized recordings that Mr.
Slover made. The interference is of such a nature that Mr. Slover and Mr. Klein are convinced
that KRTH’s IBOC operations are the source. See Attachment A hereto, at para. 16, and
Attachment B hereto at para. 11. The interference is particularly heavy in and around Lake
Elsinore and Moreno Valley. See Attachment B hereto at para. 3. These areas are well within the
60-dBµf(50,50) contour of Station KATY-FM. See Exhibit E-3 to Attachment A hereto. In the
-12worst case, reception of Station KATY-FM is simply impossible. See Attachment B hereto, at
para. 3.
2. FIELD MEASUREMENTS
AND
RATIO ANALYSIS
28. To further establish the extent of the interference, in late December 2009, Mr. Klein, at
All Pro’s direction, performed a series of field-strength measurements of the KRTH Upper
Digital Sideband at ten different locations within Station KATY-FM’s 60-dBµf(50,50) contour. Six
of these locations corresponded to the places where Mr. Slover recorded the interference. Mr.
Klein, at paras. 19-20 of Attachment A, describes the equipment employed and the methodology
followed to take these measurements. The methodology comported with the provisions of 47
C.F.R. § 73.314 with regard to cluster type measurements at 30 feet above ground level. Station
KATY was briefly and repeatedly taken off the air so that meaningful measurements of KRTH’s
Upper Digital Sideband could be made.12 Exhibit E-4 to Attachment A is a map showing the ten
separate locations at which Mr. Klein made field-strength measurements. This map demonstrates
that all ten measurement locations are within Station KATY-FM’s predicted 60dBµf(50,50) contour.
Exhibits E-6 through E-15 to Attachment A are U.S.G.S. 7.5-Minute Series Maps that show the
exact locations at which measurements of KRTH’s IBOC Upper Digital Sideband were made.
29. Exhibit E-3 to Attachment A is a map that Mr. Klein has generated to depict both Station
KATY-FM’s predicted 60-dBµf(50,50) (protected) contour and the predicted 40-dBµf(50,10)
(interfering) contour of the cochannel KRTH Upper Digital Sideband. This Exhibit shows the
extent of the interfering KRTH IBOC signal’s incursion into Station KATY-FM’s protected
service area, using the method found in § 73.215 of the Rules. The total area contained with
Station KATY-FM’s 60-dBµ contour is 4,063.5 square kilometers, and the total 2000 U.S.
Census population within that contour is 661,984 persons. Of those totals:
12
Being cochannel, if Station KATY-FM were on the air, the KATY-FM signal would prevent an
accurate measurement of Station KRTH’s Upper Digital Sideband.
-13• the area overlapped by the KRTH IBOC interfering contour is 1,817.1 square km, or
44.7% of the entire area within the predicted KATY-FM 60dBµf(50,50) contour; and
• the 2000 U.S. Census population within the prohibited-overlap area is 473,402 persons,
or 71.5% of the persons within the entire predicted KATY-FM 60dBµf(50, 50) contour.
See also Attachment A at para. 25.
30. The permanent population within the overlap area does not fully describe the number of
people who are affected by the interference and the scope of the problem. The Commission must
also consider the transient population contained in the substantial traffic flow along the highways
within the affected area.
3. MOBILE LISTENING
AND
TRAFFIC PATTERNS IN THE INTERFERENCE AREA.
31. Station KATY’s service area is in Riverside County, Southern California. Like other
parts of Southern California (if not even more so), the residents of Riverside County greatly
depend on automobiles for transportation to work, to stores and shopping centers, to places of
worship, and to recreational establishments and areas.
32. According to an Arbitron/SCBA Los Angeles DMA Lifestyle Study released in February
2002 , the NHTS Data Series dated November 2009, and California Department of
Transportation (Cal Trans) data dating from 2005, the average person in the Los Angeles DMA
makes 6.0 vehicle trips per day. http://rope.zscb.fimc.net/pdfs/Traffic%20Cars%20and%
20Commuting%20--%20Riv-SB-Ont%202010.pdf. According to the INRIX Scorecard 2009,
published in March 2010, and available via http://inrix.com/scorecard, drivers in the Los Angeles
metropolitan area spend more time in traffic than drivers anywhere else in the United States.
Riverside/San Bernardino drivers spend 9% more time on the road than under normal conditions,
due to traffic congestion. Id. The area comprising Riverside/San Bernardino/Ontario is ranked
No.18 in traffic congestion in the United States. Id.
33. According to a study released in November 2009 by the Council for Research
Excellence, approximately 77% percent of adults in the U.S. listen to (terrestrial) broadcast radio
on any given day. See www.http://blog.nielsen.com/nielsenwire/wp-content/uploads/2009/11/
-14VCM_Radio-Audio_Report_FINAL_29Oct09.pdf. When people are listening to an audio source
while in a car, 74.2% of the time, they are listening to (terrestrial) broadcast radio. Almost 60%
of all study participants listened to broadcast radio in the car, with approximately one hour, on
average, of listening time per day. Id. Broadcast radio accounts for just over half of all audio
media exposure each day. Id. at Table 3b.
34. People spend the most time listening to broadcast radio while they are in automobiles.
Specifically, 43.6% of the entire time that people are listening to broadcast radio, they are in a
car. The next-highest portion of broadcast radio minutes occurs when people are at home:
29.0%. Work hours account for 15.4% of the time that people spend listening to radio. Other
contexts account for 12.0% of the time spent listening to broadcast radio on a daily basis. Id.
35. This study was conducted by observing the media usage among participants in five
DMAs (Atlanta, Chicago, Dallas, Philadelphia, and Seattle) in the spring and fall of 2008. The
Los Angeles market was not among them. However, the fact that people in Southern California
spend even more time in their cars, and in traffic, than in the five markets studied suggests that
mobile radio listenership is even greater in Station KATY-FM’s service area than the Council for
Research Excellence study reports. Indeed, according to the Arbitron PPM survey conducted
between April and May of 2009, Inland Empire Metro Persons 12+, Monday – Friday, 5 AM‐
Midnight, Daily Average, more than seven out of every ten people (71.9%) listen to broadcast
radio for at least two and one-half hours per day. http://rope.zscb.fimc.net/pdfs/On%20Typical%
20Day%20Mar-May%202008%20RSB.pdf. According to the Arbitron PPM, April ‐ May 2009,
Inland Empire Metro and Nielsen Net Ratings April 2009, approximately 94% of working adults
in the Inland Empire listen to broadcast radio every week for 2½ hours each work day. http://
rope.zscb.fimc.net/pdfs/Radio's%20Unique%20Assets%20-%20RSB.pdf.
36. The interference area being created by the KRTH Upper Digital Sideband is particularly
heavily traveled. According to statistics provided by Cal Trans, in the year 2008, the Average
Annual Daily Traffic totals for the major roads in the interference area carried large volumes of
-15traffic.13 For example, in 2008, on Interstate Highway 10, the Peak Hourly, Peak Monthly, and
Average Annual Daily Traffic vehicle counts were as follows:
INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
Yucaipa
Boulevard
9,400 (West)
7,500 (East)
140,000 (West)
112,000 (East)
137,000 (West)
110,000 (East)
Live Oak Canyon
7,500 (West)
7,000 (East)
112,000 (West)
105,000 (East)
110,000 (West)
103,000 (East)
Route 79 South
(Beaumont)
8,600 (West)
8,800 (East)
129,000 (West)
141,000 (East)
126,000 (West)
128,000 (East)
Highland Springs
Avenue
9,200 (West)
8,800 (East)
147,000 (West)
142,000 (East)
134,000 (West)
129,000 (East)
See http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/2008all.htm, Route 7-10.
37. On Interstate Highway 15, at Temecula and proceeding North, the figures are as follows:
INTERCHANGE
13
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
South Route 79
10,900 (West)
11,600 (East)
136,000 (West)
158,000 (East)
129,000 (West)
150,000 (East)
Rancho California
Road
11,600 (West)
12,400 (East)
158,000 (West)
170,000 (East)
150,000 (West)
161,000 (East)
North Route 79
12,400 (West)
14,300 (East)
170,000 (West)
196,000 (East)
161,000 (West)
186,000 (East)
I-215 North
14,300 (West)
8,800 (East)
196,000 (West)
115,000 (East)
186,000 (West)
109,000 (East)
The year 2008 is the most recent year for which cumulative totals are available. However, it
appears that the use of California highways since that time has, if anything, increased. See:
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/,
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/monthly/2010/01/index.htm,
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/monthly/2010/01/charts.pdf,
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/monthly/2010/01/vmtweb.pdf.
-16INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
Murietta Hot Springs
Road
8,800 (West)
10,300 (East)
115,000 (West)
134,000 (East)
109,000 (West)
127,000 (East)
California Oaks Road
10,300 (West)
10,000 (East)
134,000 (West)
130,000 (East)
127,000 (West)
124,000 (East)
Clinton Keith Road
10,000 (West)
10,000 (East)
130,000 (West)
129,000 (East)
124,000 (West)
123,000 (East)
Baxter Road
10,000 (West)
9,600 (East)
129,000 (West)
125,000 (East)
123,000 (West)
118,000 (East)
Bundy Canyon Road
9,600 (West)
9,000 (East)
125,000 (West)
118,000 (East)
118,000 (West)
113,000 (East)
Railroad Canyon Road
9,000 (West)
8,900 (East)
119,000 (West)
127,000 (East)
113,000 (West)
122,000 (East)
Main Street
8,900 (West)
8,700 (East)
127,000 (West)
124,000 (East)
122,000 (West)
119,000 (East)
Route 74
8,700 (West)
7,800 (East)
124,000 (West)
111,000 (East)
119,000 (West)
107,000 (East)
Id., Route 12-15.
38. On Route 60, at Moreno Valley and to the East, the figures are as follows:
INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
I-215
9,300 (West)
11,600 (East)
141,000 (West)
135,000 (East)
136,000 (West)
128,000 (East)
Day Street
11,600 (West)
11,400 (East)
135,000 (West)
134,000 (East)
128,000 (West)
128,000 (East)
Pigeon Pass Road
11,400 (West)
9,600 (East)
134,000 (West)
113,000 (East)
126,000 (West)
107,000 (East)
Heacock Street
9,600 (West)
8,700 (East)
113,000 (West)
103,000 (East)
126,000 (West)
97,000 (East)
-17INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
Perris Boulevard
8,700 (West)
6,800 (East)
103,000 (West)
83,000 (East)
97,000 (West)
78,000 (East)
Nason Street
6,800 (West)
6,3000 (East)
83,000 (West)
75,000 (East)
78,000 (West)
72,000 (East)
Moreno Beach Drive
6,300 (West)
5,100 (East)
75,000 (West)
62,000 (East)
72,000 (West)
60,000 (East)
Redlands Boulevard
5,100 (West)
4,500 (East)
62,000 (West)
54,000 (East)
60,000 (West)
52,000 (East)
Theodore Street
4,500 (West)
4,500 (East)
54,000 (West)
54,000 (East)
52,000 (West)
52,000 (East)
Gilman Springs Road
4,500 (West)
41,000 (East)
54,000 (West)
47,000 (East)
52,000 (West)
44,000 (East)
Id., Route 60-70.
39. On Interstate Highway 215, at Murietta and Northward, the figures are as follows:
INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
Route 15
6,000 (West)
6,000 (East)
85,000 (West)
88,000 (East)
83,000 (West)
83,000 (East)
Murrieta Hot Springs
Road
6,000 (West)
6,500 (East)
85,000 (West)
93,000 (East)
83,000 (West)
91,000 (East)
Los Alamos Road
6,500 (West)
6,300 (East)
93,000 (West)
91,000 (East)
91,000 (West)
88,000 (East)
Antelope Road
6,300 (West)
6,700 (East)
91,000 (West)
93,000 (East)
88,000 (West)
89,000 (East)
Scott Road
6,700 (West)
6,500 (East)
93,000 (West)
86,000 (East)
89,000 (West)
83,000 (East)
Newport Road
6,500 (West)
6,300 (East)
86,000 (West)
83,000 (East)
83,000 (West)
80,000 (East)
-18INTERCHANGE
Peak Hourly
Traffic
Peak Monthly
Traffic
Average Annual
Daily Traffic
Mc Call Boulevard
Sun City
6,300 (West)
5,800 (East)
83,000 (West)
77,000 (East)
80,000 (West)
74,000 (East)
Ethanac Road
(Perris)
5,800 (West)
5,700 (East)
77,000 (West)
75,000 (East)
74,000 (West)
72,000 (East)
South Junction
Route 74
5,700 (West)
7,300 (East)
75,000 (West)
92,000 (East)
72,000 (West)
88,000 (East)
North Junction
Route 74 (Perris)
7,200 (West)
6,700 (East)
90,000 (West)
84,000 (East)
88,000 (West)
82,000 (East)
D Street
(Perris)
6,700 (West)
8,100 (East)
84,000 (West)
102,000 (East)
82,000 (West)
99,000 (East)
(Nuevo Road)
Perris
8,100 (West)
8,400 (East)
102,000 (West)
106,000 (East)
99,000 (West)
103,000 (East)
Ramona Expressway
8,400 (West)
9,600 (East)
106,000 (West)
120,000 (East)
103,000 (West)
117,000 (East)
Oleander Avenue
9,600 (West)
10,200 (East)
120,000 (West)
127,000 (East)
117,000 (West)
124,000 (East)
Van Buren Boulevard
10,200 (West)
9,800 (East)
127,000 (West)
123,000 (East)
124,000 (West)
120,000 (East)
Cactus Avenue
9,800 (West)
10,300 (East)
123,000 (West)
126,000 (East)
120,000 (West)
126,000 (East)
Allesandro Boulevard
10,300 (West)
10,200 (East)
129,000 (West)
127,000 (East)
126,000 (West)
124,000 (East)
Eucalyptus/Eastridge
Avenue (Riverside)
10,200 (West)
9,800 (East)
127,000 (West)
122,000 (East)
124,000 (West)
119,000 (East)
Junction
Route 60 East
9,800 (West)
14,300 (East)
122,000 (West)
175,000 (East)
119,000 (West)
168,000 (East)
Id., Route 198-220.
-19B. STATION KRTH MUST REMEDY THE SUBSTANTIAL AND DESTRUCTIVE INTERFERENCE
THAT IT IS CAUSING TO STATION KATY-FM.
40. One of the principal grounds for choosing the IBOC system for Digital transmissions
was its, “... purported compatibility with existing analog service.” First Report and Order, supra,
at para. 6. It is clear that, in this case at least, the “purported compatibility” is vastly overstated.
It is also clear that CBS has an obligation to remedy the interference. Id. at para. 17; Second
Report and Order, First Order On Reconsideration, and Second Further Notice Of Proposed Rule
Making at para. 18.
41. The Commission has a long-standing policy of requiring “the last man on” to remedy
interference that the most recently initiated operations cause to existing service, that is, to a
service already being provided by a licensee who is “first in time.” See, e.g., Midnight Sun
Broadcasting Co., 11 FCC 1119 (1947); Jack Straw Memorial Foundation [KRAB(FM)], 35 FCC
2d 397 (1972), recons. den., 37 FCC 2d 544 (1972); 960 Radio,Inc., FCC 85-578 (Nov. 4,
1985).14 See also, Broadcast Corporation of Georgia, 91 FCC 2d 854 (1982); Sudbrink
Broadcasting of Georgia, 65 FCC 2d 691 (1977).
42. In 1984, the Commission adopted a Report and Order in BC Docket No. 82-186, 57 Rad.
Reg. (P & F) 2d 126, 49 Fed. Reg. 45142 (the Blanketing R&O). The Commission thereby
promulgated § 73.318 of the Rules, the FM Blanketing Rule. “Blanketing occurs when ‘an FM
station’s signal strength or signal power density is of such magnitude that it causes receivers near
the transmitting antenna to be partially or completely blocked from receiving other broadcast
stations.’” Id. at para. 2. The Commission defined the FM blanketing contour as the 115 dBµ
contour. This equation defines the distance in kilometers to this contour: D = 0.394 P1/2 , where
P1/2 is the square root of the maximum ERP in the major lobe, measured in kiloWatts.
43. The Commission imposed a one-year period of responsibility, measured from the onset
of operations, within which the licensee would have to provide, to affected listeners, either filters
14
These cases dealt with the proximity of transmitters, and interaction between the transmitters
that could give rise to intermodulation products and other spurious emissions.
-20or, if necessary, receivers more resistant to blanketing. However, there would be no
responsibility to remedy complaints outside the realm of reasonableness, “… such as
malfunctioning or mistuned receivers, improperly installed antenna systems, use of high-gain
antennas or antenna booster amplifiers and non-RF devices such as tape recorders or hi-fil
amplifiers (phonographs).” Id. at para. 15. With respect to mobile receivers, the Agency said:
The Notice [of Proposed Rule Making] did not discuss mobile receivers but past
Commission policy has normally excluded them from consideration due to their
inherent transient nature. [* * *]
In 1996, the Commission issued a Notice of Proposed Rule Making in MM Docket 96-62, 11
FCC Rcd 4750, in which the Agency proposed to promulgate a new blanketing rule, § 73.1630.
To date, however, the FCC has not issued a Report and Order in that proceeding.
44. Another type of interference for which the Commission also imposes responsibility to
remedy is so-called RITOIE… Receiver-Induced Third-Order Intermodulation Interference.
In
the Blanketing R&O, the Commission decided not to include RITOIE within the scope of §
73.218, based on the definition of blanketing interference that the underlying Notice of Proposed
Rule Making15 had contained. In WKLX, Inc., 6 FCC Rcd 225 (1991), the FCC dealt with a
RITOIE situation. Stoner Broadcasting System, Inc. had claimed that the operation of the
WKLX facility described in license application BLH-[19]880506KB was causing pronounced
RITOIE to Stoner’s Station WCMF(FM), and that WKLX had not adequately remedied the
situation. Among other things, Stoner claimed that WKLX had not addressed complaints
involving mobile receivers. WKLX responded that it had resolved, “... every verified
complaint… it had received about reception on non-mobile radios….” By letter of November 7,
1988, the Chief of the Audio Division held that WKLX had discharged its responsibilities to
remedy the interference, and granted WKLX’s license application. “In so ruling, the Bureau
upheld WKLX’s exclusion of mobile and battery-powered receivers from the scope of its
RITOIE resolution efforts.” Id. at para. 2. Stoner thereupon sought reconsideration. Among
15
47 Fed. Reg. 18,936 (1982).
-21other things, Stoner claimed that the grant to WKLX had modified Stoner’s license for Station
WCMF, in derogation of Stoner’s rights under § 316 of the Communications Act.
45. The Commission treated Stoner’s request for reconsideration as an application for
review, and denied it:
We have examined the arguments and find that Stoner is not entitled to a hearing
under Section 316. Disruption of service created as the result of the transmission of
undesired signals, where not dependent upon the receiver characteristics, may create a
Section 316 right if uncorrected. See, e.g., Western Broadcasting Co. v. FCC, 674 F.
2d 44 (D.C. Cir. 1982); FCC v. National Broadcasting Company (KOA), 319 U.S.
239 (1943); and Pike - Mo [Broadcasting Co., 2 FCC 2d 207 (1965)]. In the case of
RITOIE, the transmitted signals fully comply with our emissions standards and
requirements, but nonetheless, because of the characteristics of certain receivers,
result in service disruption within those receivers, and not others. We do not believe
that service disruptions to particular receivers because of their particular
characteristics establishes any prima facie case of license modification. [Footnote:
Even if such service disruption did constitute a prima facie case of license
modification, because Stoner’s objection includes no documentation of any
unresolved non-mobile disruption complaints, no substantial and material questions
of fact would remain with regard to non-mobile service disruption….] However,
where such such reception problems occur after a station begins operation, the
Commission may find it in the public interest to require resolution of individual
complaints. [* * *]
WKLX, Inc., at para. 10.
46. With respect to interference to mobile and portable receivers, the Commission said:
We have reviewed the matter and find that the decision to exclude mobile and
battery-powered receivers from the scope of RITOIE resolution is not a departure
from precedent and is not in violation of the [Administrative Procedure Act]. It has
been past Commission policy to exclude mobile receivers from consideration with
respect to blanking interference. See FM Blanketing [R&O, 57 Rad. Reg. (P & F)] at
130, para. 25. [* * *] With respect to mobile receivers, the basis for their
exclusion from blanketing considerations is their “inherent transient nature.” FM
Blanketing [R&O, 57 Rad. Reg. (P & F)] at 130, para. 25. This factor is equally
salient with respect to RITOIE because, as is the case with FM blanketing, a mobile
receiver moving through the potential interference area interference area will
encounter constantly varying propagation paths and signal strengths from the
pertinent station, resulting in a continuously varying potential for interference
(ranging from a high likelihood to none at all) depending on the particular receiver’s
-22sensitivity to RITOIE. Accordingly, similar treatment of mobile receivers with
respect to both blanketing and RITOIE is warranted. Further, battery-powered
receivers are also characterized by an “inherent transient nature.” Accordingly,
excluding them from the scope of both blanketing and RITOIE resolution is equally
justified. Thus, we uphold the Bureau’s exclusion of both mobile and batterypowered receivers from RITOIE resolution requirements.
WKLX, Inc., at para. 10.
47. The Commission’s decisions not to protect mobile and portable receivers from
blanketing interference and RITOIE caused by full-service stations do not justify a similar
approach with respect to the interference that Station KRTH’s Upper Digital Sideband is causing
to Station KATY-FM. This is true for several reasons.
48. First, blanketing interference and RITOIE are the result of the affected receivers
operating in a nonlinear fashion. In the case of blanketing, the typical manifestations are:
• either no reception at all, due to total front-end overloading and desensitization; or
• brute-force substitution of the blanketing signal’s programming for that of the
desired station (even if the two stations are at opposite ends of the FM dial).
In the case of RITOIE, the front end, having been driven into nonlinearity, generates within itself
sum-and-difference intermodulation products. In both cases, the interference is the result of
processes internal to the affected receivers themselves. Secondly, these forms of interference
only occur within a small radius immediately surrounding the transmitting site of the station in
question. A receiver mounted in a vehicle traveling at highway speeds will enter and exit the
zone of interference within a short period of time.
49. By contrast, here, the interference is not the result of nonlinear behavior by, or total
overload of, receiver’s front ends. Rather, the interference that is the subject of this pleading
results from the presence of a cochannel signal of sufficient strength that the D/U ratio does not
meet the pertinent +20-dB FCC standard, which criterion the FCC based on the behavior of
receivers of standard engineering design operating linearly.
-2350. Second, the Commission’s policy not to require remediation of interference to mobile
and portable receivers in blanketing-interference and RITOIE settings is inapposite in the context
of cochannel interference. This is because blanketing interference and RITOIE are confined to
small zones immediately proximate to the transmitter site. Cochannel interference, by contrast,
is widespread. As Mr. Klein shows in para. 25 and Exhibit E-3 to Attachment A, the prohibitedoverlap area is 1,817.1 square kilometers, or 44.7% of the entire area contained within Station
KATY-FM’s predicted 60dBμf(50,50) contour. The 2000 U.S. Census population within the
prohibited-overlap area is 473,402 persons, or 71.5% of Station KATY-FM’s entire predicted
60dBμf(50, 50) service population. Moreover, as All Pro has demonstrated herein, mobile
reception is the most common use of broadcast radio. Failure to take into account interference to
mobile reception would be tantamount to ignoring radio broadcasting’s largest audience. This is
especially true in the Inland Empire of Southern California, where the automobile plays so large
a role in people’s daily lives.
51. Moreover, even in the case of RITOIE and blanketing interference, the Commission does
not completely fail to protect mobile and portable reception. For example, in Forus FM
Broadcasting of New York, Inc., 7 FCC Rcd 7880, 7882 (M.M. Bur. 1992), the Bureau required
the permittee of an FM booster station to protect mobile reception both from cochannel and
adjacent-channel interference, and also from what the permittee termed interference resulting
from Front End Receiver Overload. The Bureau based its decision on the secondary nature of
FM booster stations, and the resulting requirement that they provide interference-free service. If
the permittee could not resolve the interference complaints, the permittee would have to
permanently take its facility off the air. Here, the operation of Station KRTH-HD is essentially
on a secondary basis relative to full-service Station KATY-FM, just as the FM Booster facility
that was the subject of scrutiny in Forus, supra.
52.
Further, § 73.209 of the Rules states that a licensee is entitled to the protection afforded
by the Commission’s spacing rules. The KRTH IBOC facility is almost the equivalent of a full
Class B facility. See Attachment A at n. 7. As noted in para. 3, above, the distance between the
-24Station KRTH and the Station KATY-FM transmitter sites is 133.9 kilometers. The minimum
acceptable distance between cochannel Class A and Class B Stations, per § 73.207(b)(1), is 178
km. The Agency would not authorize a new Class B facility at the KRTH transmitter site due to
the gross amount of short spacing. Indeed, even if the proponent of a hypothetical new Class B
station at the KRTH transmitter site invoked contour protection pursuant to § 73.215 of the
Rules, the FCC still would not authorize such a facility, because such a facility would not meet
the absolute minimum spacing requirement set forth in § 73.215(e) of the Rules – 143 km.
C. PUBLIC-SAFETY CONSIDERATIONS
53. As the recordings supplied in Exhibit C demonstrate, the interference to Station KATYFM’s reception is protracted, and in some cases, nearly continuous. This poses serious publicsafety concerns. First, driver distraction is a significant cause of traffic accidents. Ramey et al.,
NHTSA Driver Distraction Research: Past, Present, and Future (July 5, 2000), http://wwwnrd.nhtsa.dot.gov/departments/Human%20Factors/driver-distraction/PDF/233.PDF:
What is driver distraction?
Driver distraction may be characterized as any activity that takes a driver’s
attention away from the task of driving. An examination of the crash data reveals that
any distraction has the potential to cause or contribute to a crash. Thus, rolling down
a window, adjusting a mirror, tuning a radio or dialing a cell phone have all been
identified as causal or contributing factors in crashes. While the sources of
distraction may take many forms, it is helpful to examine distraction in terms of four
distinct categories; visual distraction (e.g., looking away from the roadway), auditory
distraction (e.g., responding to a ringing cell phone), biomechanical distraction (e.g.,
manually adjusting the radio volume), and cognitive distraction (e.g., being lost in
thought). Many distracting activities that drivers engage in can involve more than
one of these components (e.g., visually searching for a control to manipulate). Recent
concerns about the potential safety implications of technology based distractions
center on the magnitude and nature of demands some of these devices can place on
drivers.
Id. at 1.
-25Why is NHTSA concerned with driver distraction?
Driver inattention is one of the most common causes of traffic crashes (Wang,
Knipling, and Goodman, 1996). Based on an analysis of NHTSA crash data, the
major components of inattention-related police reported crashes include
“distraction” (attending to tasks other than driving, e.g., tuning the radio, speaking on
a phone, looking at a billboard, etc.), “looked but did not see” (e.g., situations where
the driver may be lost in thought or was not fully attentive to the surrounds), and
situations where the driver was drowsy or fell asleep. All together, these crashes
account for approximately 25 percent of police reported crashes. Distraction was
most likely to be involved in rear-end collisions in which the lead vehicle was
stopped and in single vehicle crashes. Crashes in which the driver “looked but did
not see” occurred most often at intersections and in lane-changing/merging situations.
To provide additional detail about sources of distraction, Wierwille and Tijerina
(1996) searched police report narratives for a set of crashes from North Carolina.
They identified 2,819 crashes in which the driver’s attention was diverted and found
that the majority of these (55.5%) involved distraction due to a source inside the
vehicle, including objects, interacting with another person or animal, or interacting
with instrumentation, including the radio or a wireless phone.
Id. at 2.
54. Eby and Kostyniuk, Driver Distraction And Crashes: An Assessment of Crash
Databases and Review of the Literature (May 2003), put it this way, at 21:
Adjusting entertainment system
The vast majority of motor vehicles are equipped with entertainment systems
that include radios, cassette players, and/or compact-disc (CD) players. Operation of
these systems usually involves manual manipulation of buttons, knobs, and media, as
well as visual input, leading to a potential for physical, cognitive, and visual
distraction. Analyses by several researchers have shown that adjusting an
entertainment system is one of the leading in-vehicle triggering events for distractionrelated tow-away crashes (Stutts, Reinfurt, & Rodgman, 2001; Wang , Knipling, &
Goodman, 1996); distraction-related police- reported crashes (Glaze & Ellis, 2003),
and distraction-related fatal crashes (Stevens & Minton, 2001).
McKnight and McKnight (1993) used radio tuning as a baseline for
comparing cellular phone activities on simulated driving performance. They found
driving performance decrements during radio tuning to be similar in magnitude to the
decrements found for intense cellular phone conversations, suggesting that the two
activities produce similar levels of driver distraction.
-2655. According to NHTSA Research Note DOT HS 811 216, An Examination of Driver
Distraction as Recorded in NHTSA Data Bases (September 2009), http://www-nrd.nhtsa.dot.gov/
pubs/811216.pdf,:
Distraction from the primary task of driving could present a serious and
potentially deadly danger. In 2008, 5,870 people lost their lives and an estimated
515,000 people were injured in police-reported crashes in which at least one form of
driver distraction was reported on the crash report. While these numbers are
significant, they may not state the true size of the problem, since the identification of
distraction and its role in the crash by law enforcement can be very difficult.
The National Highway Traffic Safety Administration (NHTSA) has been
researching driver distraction with respect to both behavioral and vehicle safety
countermeasures in an effort to understand and mitigate crashes associated with driver
distraction. In development of these countermeasures, the following data provide
some perspective into the size of the problem of driver distraction:
•
Driver distraction was reported to have been involved in 16% of fatal crashes in
2008 according to data from the Fatality Analysis Reporting System (FARS).
[ * * * ]
•
An estimated 21 percent of injury crashes were reported to have involved
distracted driving, according to data from the General Estimates System (GES).
•
Based on data from the National Motor Vehicle Crash Causation Survey
(NMVCCS), a nationally representative survey, of the crashes in which the
critical reason for the crash was attributed to the driver, approximately 18%
involved distraction.
•
During the 100-Car Naturalistic Driving Study, driver involvement in secondary
tasks contributed to over 22 percent of all crashes and near-crashes recorded
during the study period.
These studies identified adjusting a radio as one of the causes of driver distraction.
56. The interference that Station KRTH-HD is causing to Station KATY-FM is likely to
cause people listening to Station KATY-FM and driving their vehicles into the interference zone
to tune their radio receivers to other channels. This increases the risk of driver distraction and is
-27contrary to the public interest. It is also possible that the interference will cause listeners to
select a different program source, e.g., a Compact Disc or an Audio Cassette. This, too, poses
the risk that persons listening to non-broadcast program sources will not receive Emergency
Alert System messages. In a seismically active and heavily populated area like Southern
California, which has also been the subject of terrorist plots, this could have profound negative
consequences. The public interest therefore requires prompt curative action.
III. RELIEF REQUESTED.
57. Based on the showing herein, All Pro requests that the Bureau immediately, as an interim
measure, issue an order to CBS directing CBS:
• to reduce Station KRTH’s Digital ERP to -20 dB relative to the equivalent of a
full Class-B facility as defined in § 73.211 of the Rules; and
• to cooperate with All Pro so that the two licensees can work out a means by
which their respective facilities can peacefully coexist.
Given the widespread nature of the interference, it is neither appropriate nor productive to
require CBS to address the interference on a per-incident basis. The only effective remedy is an
area-wide one: a modification of the KRTH-HD facilities to decrease radiation in the direction of
Station KATY-FM, if not toward all points on the compass.
58. Should the Division have any doubt about whether or not Station KRTH’s Digital Upper
Sideband is causing harmful and substantial interference to Station KATY-FM, the Commission
should direct CBS and All Pro to conduct A/B tests. The Commission is welcome to send its
personnel to act as observers of and participants in such A/B tests. There is ample precedent for
Commission participation in such tests. For example, Calvary Educational Broadcasting
Network, Inc., 7 FCC 4037 (1992) recounts an instance of blanketing interference from station
-28KOKS in a rural portion of the State of Missouri. The population within the blanketing contour
was approximately 220 persons. The Commission sent personnel from the then Field Operations
Bureau (now the Enforcement Bureau) to inspect the station and to visit locations reportedly
experiencing interference. The Field Operations Bureau’s personnel monitored and recorded the
quality of reception with station KOKS alternately on and off the air, and prepared a formal
report. This was to enable the then Mass Media Bureau to make an informed decision as to
whether it should designate the permittee’s license application for a full evidentiary hearing.
IV. CONTINUED OPERATION OF KRTH-DIGITAL ACTS AS AN INDIRECT
MODIFICATION OF ALL PRO’S LICENSE FOR STATION KATY-FM.
59. It is clear that cochannel interference raises statutory concerns. Santa Monica
Broadcasting, Inc., 79 FCC 2d 949 (1980), recons. den., FCC 81-8 (January 21, 1981), reversed
sub nom. Western Broadcasting Co. v. FCC, 674 F.2d 44 (D.C. Cir. 1982):
[A]n existing licensee of a station with a specified frequency has a right to participate
in a hearing under Section 316 where another broadcaster seeks a grant to operate on the
same frequency and where it is alleged that the effect of the new or changed grant may
be to create objectionable, electrical interference to the existing licensee. [Emphasis
added.]
674 F.2d at 55. See also, FCC v. National Broadcasting Company (KOA), 319 U.S. 239 (1943).
60. The fact that All Pro is not presenting herewith documented complaints of interference
from listeners does not mean that there is not widespread interference in actuality, or that All Pro
does not herein raise a substantial and material question of fact concerning the same. 16 All Pro
has in fact received many interference complaints from its listeners since Station KRTH began its
Digital operations. Attachment A at para. 5. All Pro did not keep a detailed log of such
complaints simply because All Pro did not appreciate the potential importance of doing so. All
16
The interference complained of herein is not the result of a power increase by Station KRTH.
Therefore, the requirement to submit at least six reports of ongoing – rather than “transitory” –
interference, promulgated in the January 29, 2010 Order, is inapposite.
-29Pro did in fact, however, receive many such complaints. Moreover, the signal-strength analysis
that Mr. Klein presents in Attachment A demonstrates that the D/U ratio does not meet the value
which the Commission employs for cochannel protection. In addition, the recordings presented
in Attachment C hereto clearly prove the existence of Digital interference to Station KATY-FM.17
61. All Pro’s rights under § 316 of the Act mandate that the Audio Division not allow
continued operation of Station KRTH-Digital as it is presently operating. If the Division, for
whatever reason, declines to order CBS to cooperate with All Pro in a mutual and cooperative
effort to achieve a resolution of the present destructive interference, All Pro respectfully insists
that the Division immediately rescind CBS’s authority to operate its Digital facility, and not
reinstate pending the holding and eventual outcome of a full evidentiary hearing concerning an
indirect modification of All Pro’s license for Station KATY-FM.
[THE REST OF THIS PAGE IS INTENTIONALLY BLANK.]
17
These recordings are in marked contrast to the map marked with locations at which the fullservice station’s Chief Engineer asserted that an FM translator, had, “… had a negative impact on
the [full-service station’s] signal as received on the Chief Engineer’s car radio, which the
Commission found insufficient evidence of interference in The Association for Community
Education, Inc., 19 FCC Rcd 12682 (2004).
EXHIBIT A
KLEIN BROADCAST ENGINEERING, L.L.C.
dedicated to improving the science and technology of radio & television communications
MAY 2010
ENGINEERING STATEMENT & SUPPORTING EXHIBITS
IN SUPPORT of a PROHIBITED-INTERFERENCE COMPLAINT
AGAINST CBS RADIO EAST INC. CONCERNING THE DIGITAL IBOC
OPERATIONS OF STATION KRTH(FM)
ALL PRO BROADCASTING, INC.
BROADCAST STATION KATY-FM,
CHANNEL 267A, 101.3 mHz.
IDYLLWILD, CALIFORNIA
FCC FACILITY ID NO. 33611
INTRODUCTION and ENGINEERING STATEMENT
1. All Pro Broadcasting, Inc. (All Pro) is the licensee of FM Broadcast Station KATY-FM,
Channel 267A, Idyllwild, California, FCC Facility ID No. 33611. All Pro is the independent
operator of two Class-A FM stations in Southern California (specifically, in San Bernardino and
Riverside Counties): Station KATY-FM; and Station KCXX, Channel 280A, Lake Arrowhead,
California, FCC Facility ID No. 2398. All Pro is principally owned by Mr. Willie Davis, an
African American.
2. Station KATY-FM’s licensed analog facilities have an Effective Radiated Power (ERP) of
1.55 kW and an Antenna Height Above Average Terrain (HAAT) of 200 meters. See FCC File
No. BMLH-20071002ACQ. These facilities are equivalent to the Class A limits specified in 47
C.F.R. § 73.211(b). The licensed main-antenna coordinates are: North Latitude 33° 43’ 31”;
West Longitude 116° 44’ 58”.
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 2
3. All Pro has retained Klein Broadcast Engineering, L.L.C. to document the interference to
Station KATY-FM from the IBOC operations of FM Broadcast Station KRTH, Channel 266B+,
Los Angeles, California, FCC Facility ID No. 28631, licensed to CBS Radio East, Inc. (CBS).
4. Station KRTH operates on FM Channel 266 with grandfathered, superpowered Class-B
status. Its licensed analog main-facility parameters are 51.0 kW ERP at 955 meters HAAT.
Although Station KRTH is located in Zone I-A (where the FCC does not allow Class C stations),
KRTH’s parameters exceed even those of a full Class-C (100kW ERP at 600 meters HAAT)
station.1 See Sections 73.205, 73.210(a), and 73.211 of the Commission’s Rules and
Regulations, 47 C.F.R. §§ 73.205, 73.210(a), 73.211.
5. Station KATY-FM has been receiving harmful and destructive interference within its
60dBµf(50,50) contour since approximately June 2007, when first-adjacent-channel station KRTH
commenced its IBOC operations. Station KATY has received many interference complaints
from its listeners during the past two years.
6. The source of the interference to Station KATY-FM is Station KRTH’s Upper Digital
Sideband. This Upper Digital Sideband extends almost to the assigned carrier frequency of
Station KATY-FM, 101.3 mHz. Station KRTH's Upper Digital Sideband thus occupies nearly
the entire lower portion of Station KATY-FM’s licensed FM channel, 267. So, Station KRTH’s
Upper Digital Sideband is essentially cochannel to station KATY-FM’s analog channel.
7. KRTH commenced IBOC operations with a total of 0.510 kW... 20dB less than the
grandfathered analog carrier power level (-20 dBc). Assuming equal power distribution between
1
At Station KRTH’s licensed HAAT of 955 meters, a maximum-parameter, full-Class-C station
would have a derated ERP of 34.0 kW.
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 3
both the Upper and Lower Digital Sidebands, each Digital Sideband would contain 0.255 kW of
ERP, or -23.0dBc.
8. In an attempt to resolve the problem, All Pro authorized this writer to contact CBS about
the interference that had been observed within KATY-FM’s predicted 60dBµf(50,50) contour.
Accordingly, in early 2008, I contacted Mr. Glynn Walden, CBS’s Director of Engineering. At
the time we spoke, Mr. Walden was very defensive. He assured me that, “CBS ha[d] made
measurements on KATY and there is no interference problem within the KATY 60dBµ Protected
Contour.” Mr. Walden went on to tell me these measurements were done prior CBS’s notifying
the Federal Communications Commission of the intended KRTH IBOC operations with 0.510
kW ERP at 955 meters HAAT. As the conversation ended, I recall asking for any documentation
of the measurements to which he had referred earlier in the conversation. I never received any
documentation, or any other response.
9. I then looked into the CDBS records for Station KRTH and found three filings that related
to Station KRTH’s IBOC operations. The first was a November 3, 2006 request for Special
Temporary Authority (STA) to which the FCC staff assigned the File Number
BSTA-20061103ABF. The request contained no mention of any measurements made on firstadjacent-channel Station KATY-FM. According to CDBS, the staff granted this STA request on
November 6, 2006.
10. The next filing was an April 30, 2007 request for extension of the previously granted
BSTA-20061103ABF. The staff assigned to the extension request the FCC File Number
BDSTA-20070430ABA. This dismissed extension request contained no mention of any
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 4
measurements of KATY-FM’s signal or that of any other stations, or of any interference. The
staff dismissed this request on September 19, 2007.
11. The last filing made with the Commission regarding IBOC operations by Station KRTH
was a “Digital Notification” filed on June 11, 2007. The FCC staff assigned to this filing the
FCC File Number BDNH20070611AKV. There is no other information available concerning
this filing in CDBS.
12. In a second attempt to resolve the problem, in April 2009, Mr. Davis, the principal of All
Pro, contacted Mr. Dan Mason, the President and CEO of CBS Radio. After that
communication, Mr. Davis called this writer and asked if I would call and speak with Mr. Mason
at CBS. I did so shortly after my conversation with Mr. Davis in late April 2009. I was able to
contact Dan Mason at his office in New York City. Our conversation was very cordial. Dan
Mason requested that I contact Mr. Scott Mason, CBS’s V.P. of Engineering in Los Angeles. I
contacted Scott Mason several days later at his office in Los Angeles. We discussed the
interference issue and my proposal that CBS use a directional antenna for Station KRTH’s IBOC
operations. My proposal was for an antenna with a null toward the KATY-FM transmitter site.
During the conversation, we decided that I would produce an Engineering Memorandum
documenting calculated interference to KATY-FM from the KRTH Upper Digital Sideband.
13. EXHIBIT E-26 hereto is a copy of an Engineering Memorandum that I prepared and sent
to Scott Mason on or about May 26, 2009. So that he would have a reasonable opportunity to
review the memo, I waited approximately ten days after sending the Engineering Memorandum
before attempting to contact Scott Mason by telephone to discuss the matter. When I reached
him, Mr. Mason indicated that he had read the memorandum, but that he questioned both the
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 5
calculations and the proposed cure for the interference. We then talked some more about the
memo. Toward the end of the conversation, Mr. Mason said that the exhibits that accompanied
the memorandum (which are also included as part of EXHIBIT E-26 hereto) were interesting, but
that they needed to be backed up with measurements. I replied that if CBS did not want to
accept my calculations as valid indicators of a serious, ongoing interference problem, CBS
should take its own measurements. The conversation ended with a cordial goodbye.
14. I interpreted what Scott Mason had said during the telephone conversation to mean that,
before CBS could take the interference claim seriously, CBS would need to conduct its own
investigation, including taking signal-strength measurements. However, I never heard back from
Mr. Mason.
15. The attached Engineering Memorandum suggested a 9.0dB-deep null for the proposed
directional antenna. My thinking at the time was that -9 dB of suppression would resolve the
interference problem. However, based on the measurements contained herein, and the
accompanying calculated U/D ratios, I have since concluded that a much deeper null is required
to eliminate the interference. Based on my evaluation, I believe that a null at least -15 dB deep
will be required. Further A/B tests with CBS’s cooperation will allow us to determine an
acceptable level of suppression.
16. In late July and late August, 2009, broadcast engineer Larry Slover recorded the IBOC
interference to Station KATY-FM at six locations along heavily traveled highways within Station
KATY-FM’s 60-dBµf(50,50) contour. In a Declaration that accompanies this Engineering
Statement and the parent filing, Mr. Slover describes the locations at which he made the
recordings and the equipment that he used to make them. EXHIBIT E-27 hereto is a CD-R
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 6
optical disc containing the six recordings in the form of .wav files. These audio recordings were
made at, or extremely close to, six of the ten locations depicted in EXHIBITS E-6 through E-15.
The recorded interference bears every characteristic of IBOC-caused interference. It is evident
from these recordings that there is a severe interference problem.
17. On December 27, 28 and 29, 2009, on All Pro’s behalf, an accurate and complete series
of field-strength measurements on the Upper Digital Sideband of Station KRTH were made.
Station KATY was briefly and repeatedly taken off the air so that meaningful measurements
could be made. There were ten separate measurement locations.2 At each location, no less than
five (5) actual individual measurements were made. These measurements were made in
accordance with the provisions of 47 C.F.R. § 73.314 with regard to “cluster type” measurements
at 30 feet above ground level.
18. Two identical instruments, Potomac Instruments Model FIM-71 FM and Television Field
Strength Meters, were used to make the measurements. Their respective serial numbers were
759, calibrated on 01/1990 by the manufacturer, and 620, calibrated by the CBC instrument Lab
on 01/1996. The readings agreed within 2.5% of each other. This led us to conclude that both
units were accurate and within tolerance.
19. When making field-strength measurements of any kind, it is this firm’s policy to use at
least two identical instruments for the measurements, and to check them against each other. The
Potomac Instruments units were calibrated in the field according to the manufacturer’s
Originally, there were to be six measurement locations, corresponding to the places at which
Mr. Slover had made the audio recordings discussed above. Once measurements got underway,
it was decided to make field-strength measurements at four additional locations, to more fully
document the scope of the problem.
2
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 7
instructions before each measurement was made and logged. After field calibration, each
instrument’s controls were set in the following manner:
• the Osc switch was set to Off;
• the Audio level control was set to the 12-noon position;
• the Power switch was set to On;
• the Demod switch was set to FM;
• the Det Switch was set to AVG;
•the IF BW Switch was set to FM/AM (the narrow-bandwidth mode); and
• the MTR Switch was set to the LIN position.
20. Each instrument was then tuned to 101.3mHz and was peaked on the KATY-FM carrier
before taking that carrier off the air by remote control. Each field-strength meter’s antenna was
then oriented toward the KRTH antenna site. Each meter was observed to make sure it was not
varying in step with KRTH’s analog program material. At all times, each meter was checked to
ensure that the instrument was reading steadily on the Upper Digital Sideband of Station KRTH.
21. EXHIBIT E-1 is a tabulation of the measurements made on the KRTH Upper Digital
Sideband at the ten specified measurement locations.
22. EXHIBIT E-2 is a tabulation, at each measurement point, of the Undesired to Desired
(D/U) ratio, of the Longley-Rice calculated field strength level for Station KATY-FM (the
Desired signal)3 and the measured KRTH IBOC signal (the Undesired signal). A sample of the
parameters used for the Longley-Rice calculations follows:
3
It was necessary to use Longley-Rice predictions of the KATY-FM field strengths due to the
presence of the KRTH IBOC signal. KRTH’s IBOC signal would taint any KATY-FM over-theair signal measurements, so such measurements were not even attempted.
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 8
Longley-Rice Calculation Parameters
Used for Predicting KATY Field Strengths
At the Ten KRTH IBOC Measurement Locations
Model:
Point To Point Irregular
Radio Climate:
Continental Temperate
Location Variability:
50%
Time Variability:
50%
Situation Variability:
50%
Frequency:
101.3 mHz
Polarization:
Horizontal
Conductivity:
0.008m/S
Dielectric Constant:
15.0
Transmitter Antenna Height AMSL: 1,650 meters
Transmitting Antenna:
Omni-Directional
Maximum Effective Radiated Power:
1.55kW
Receive Antenna Height AGL:
9.14 meters (30’)
Clutter Factor:
2.0dB
23. The Commission’s Office of Engineering and Technology (OET) employed a 2.0-dB
Clutter Factor to establish whether or not the principal-community contour of Station KALF-FM
encompassed the location of that Station’s main studio. See the Engineering Memorandum
issued by the OET in September 1992. In addition, in his seminal paper concerning vhf
propagation, Kenneth Bullington indicated that the average loss experienced by a horizontally
polarized signal due to surrounding trees may be -2 to -3 dB. See Bullington, Radio Propagation
Above 30 Megacycles, Proc IRE, October 1947). Therefore, the use of a 2-dB Clutter Factor in
this instance is reasonable.
24. EXHIBIT E-3 is a contour map showing KATY-FM’s predicted 60-dBµf(50,50) (protected)
contour, along with the predicted interfering (40-dBµf(50,10))contour of the cochannel KRTH
Upper Digital Sideband. The latter contour is used to show the extent of the overlap of the
interfering cochannel signal to the KATY-FM Protected Contour, analyzed using the method
found in § 73.215 of the Rules.
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 9
25. When analyzed in this manner, the total area contained within KATY-FM’s predicted 60dBµ contour is 4,063.5 square kilometers, containing a population of 661,984 persons (2000 U.S.
Census). The area contained in the prohibited-overlap area is 1,817.1 square kilometers, or
44.7% of the entire area contained within the predicted KATY-FM 60dBµf(50,50) contour. The
2000 U.S. Census population contained within the prohibited-overlap area is 473,402 persons, or
71.5% of the persons within the entire predicted KATY-FM 60dBµf(50, 50) contour.
26. EXHIBIT E-4 is a map showing the ten separate locations at which field-strength
measurements were made. This map demonstrates that all measurement locations are within
KATY-FM’s predicted 60dBµf(50,50) contour.
27. EXHIBITS E-6 through E-154 are U.S.G.S. 7.5-Minute Series Maps that show the exact
locations at which measurements of KRTH’s IBOC Upper Digital Sideband were made. The
locations are plotted, and the specific NAD-1927 geographic coordinates are specified. These
coordinates were recorded on two separate Garmin Model GPS III Global Positioning System
receivers. Two GPS units were used to verify the accuracy of both the location and geographic
coordinates for each of the ten measurement points.
28. EXHIBIT E-17 through EXHIBIT 255 are spectrum-analyzer screen captures
taken at nine of the ten KRTH IBOC measurement locations, Locations 1 through 5, and
Locations 7 through 10. A screen shot was taken for the spectrum-analyzer display at Location
6, but it was inadvertently erased. That is why it is not provided herewith.
29. These spectrum-analyzer measurements were not made to verify or to measure any
specific level of the KRTH IBOC operation. Rather, they were made to show that the KRTH
4
Exhibit 5 is blank.
5 5
Exhibit 16 is also blank.
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 10
IBOC system was actually on the air and operating at the time that the field-strength
measurements were made at each of the ten measurement locations. The spectrum analyzer was
also used to verify whether or not there were any other signals on or near the measurement
frequency of 101.3 mHz that could have distorted or affected the actual field-strength
measurements taken of the KRTH Upper Digital Sideband. The instrument used to make these
measurements was an Agilent Technologies Model N9340A Spectrum Analyzer, serial number
CN017000459, calibrated by Agilent on September 11, 2007.
1. The following table summarizes the interference situation at each of the ten locations at
which measurements of the KRTH Upper Digital Sideband were measured.
Location
Number
Measured
KRTH IBOC
Field Strength
Predicted
KATY-FM
Field Strength
U/D Ratio
U/D Excess
(Referenced to
-20 dB)
1
+50.69 dBµ
+58.68 dBµ
-7.99 dB
+13.01 dB
2
+58.39 dBµ
+73.90 dBµ
-15.51 dB
+4.49 dB
3
+56.46 dBµ
+73.65 dBµ
-17.19 dB
+2.81 dB
4
+47.94 dBµ
+61.18 dBµ
-13.24 dB
+5.76 dB
5
+58.04 dBµ
+75.10 dBµ
-17.06 dB
+2.94 dB
6
+56.46 dBµ
+55.32 dBµ
+1.14 dB
+21.14 dB
7
+53.36 dBµ
+53.36 dBµ
-19.99 dB
+0.01 dB
8
+62.90 dBµ
+61.02 dBµ
+1.88 dB
+21.88 dB
9
+61.07 dBµ
+54.23 dBµ
+6.84 dB
+26.84 dB
10
+47.82 dBµ
+74.99 dBµ
-27.17 dB
-7.17 dB
INTRODUCTION and ENGINEERING STATEMENT: KATY-FM, PAGE 11
Because of the cochannel relationship between the KRTH Upper Digital Sideband and the
KATY-FM analog signal, a U/D ratio of anything less than -20 dB defines the presence of
interference. As the above Table makes obvious, at nine of the ten measurement locations, the
U/D ratio is less than -20 dB, and thus interference exists. The excess level of Undesired signal
(the KRTH Upper Digital Sideband) ranges from a minimum of +0.01 dB (at Location No. 7) to
a maximum of +26.84 dB (at Location No. 9). Only at Location No. 10 does the U/D ratio
satisfy the -20-dB standard applicable to cochannel situations.
CONCLUSION
2. It is apparent from the evidence presented herein and in the Exhibits hereto that Station
KATY-FM is the victim of substantial, harmful interference – within its own protected service
area – being caused by Station KRTH’s Upper Digital Sideband. This writer urges the Bureau,
as an interim measure, to order Station KRTH to conduct IBOC operations at -20 dB relative to
the equivalent of a full Class-B facility as defined in § 73.211 of the Rules until the two
respective licensees can work out a means of peaceful, noninterfering coexistence between
Station KATY-FM and Station KRTH.6
[THE REST
6 A full
OF
THIS PAGE IS INTENTIONALLY BLANK.]
Class B facility operating in accordance with ¶ 73.211(b) limits at Station KRTH’s
licensed HAAT of 955 meters would have an ERP of 0.74 kW (740 watts). A Digital facility
operating at -20 dBc relative to such a facility would have an ERP of 0.0074 kW (7.4 Watts).
INTRODUCTION
and ENGINEERING
STATEMENT:
KATY-FM,
PAGE 12
32. The foregoing and the contents of the Exhibits hereto are true and correct, to the best of
my personal knowledge, information, and belief, under penalty of perjury.
Respectfully submitted,
Date: May 17,2010
EXHIBIT E‐1
TABLE OF MEASUREMENT READINGS
KRTH‐HD Field Strength Measurements on 101.3mHz. @ 30’ AGL
Potomac Instruments FIM‐71 Serial # 759
Potomac Instruments ANT‐71 Measurement Adjustment Factor @ 101.3mHz. = 2.76 + coax loss
correction = 3.325
Site Number 1
Ground Elevation 1381’ AMSL
Lake Elsinore CA, Bundy Canyon Road Exit
Distance from KRTH‐HD 99.01kM
AMPM Gas Station
33‐37‐37.9 117‐16‐25.4 (NAD‐27) 12‐27‐2009 11:53pm
uV on FIM‐71
uV/m Field Strength
1= 88 uV
292.60uV
2= 110 uV
365.75
3= 100 uV
332.50
4= 103 uV
342.48
5= 120 uV
399.00
Site Number 2
Ground Elevation 1562’ AMSL
Mean Measurement for Site Number 1 = 342.48uV/m
Distance from KRTH‐HD 80.94kM
Moreno Valley CA, Alessandro Blvd. & Grant
33‐54‐58.3 117‐16‐24.0 (NAD‐27) 12‐28‐2009 1:50am
uV on FIM‐71
uV/m Field Strength
1= 240 uV
798.00uV
2= 240 uV
798.00
3= 240 uV
798.00
4= 260 uV
864.50
5= 250 uV
831.25
Mean Measurement for Site Number 2 = 831.25uV/m
EXHIBIT E‐1 page two: KRTH‐HD Measurements @ 30’ AGL
Site Number 3
Ground Elevation 1593’ AMSL
Distance from KRTH‐HD 79.33kM
Moreno Valley CA, Day Street & Canyon Springs Parkway Subway parking lot
33‐56‐22.0 117‐16‐46.6 (NAD‐27) 12‐28‐2009 2:20am
uV on FIM‐71
uV/m Field Strength
1= 170 uV
565.25uV
2= 200 uV
665.00
3= 260 uV
864.50
4= 200 uV
665.00
5= 250 uV
831.25
Site Number 4
Mean Measurement for Site Number 3 = 665.00uV/m
Ground Elevation 1424’ AMSL
Distance from KRTH‐HD 101.94kM
Sun City CA, Newport Road Exit 76 Gas station parking lot
33‐41‐09.6 117‐10‐30.6 (NAD‐27) 12‐28‐2009 1:05am
uV on FIM‐71
uV/m Field Strength
1= 80 uV
266.00uV
2= 70 uV
232.75
3= 60 uV
199.50
4= 75 uV
249.38
5= 85 Uv
282.63
Mean Measurement for Site Number 4 = 249.38uV/m
EXHIBIT E‐1 page three: KRTH‐HD Measurements @ 30’ AGL
Site Number 5
Ground Elevation 1773’ AMSL
Distance from KRTH‐HD 87.80kM
Moreno Valley CA, Moreno Beach Drive & Eucalyptus Avenue closed stores parking east of Wal‐Mart
33‐56‐16.2 117‐10‐52.1 (NAD‐27) 12‐28‐2009 3:05am
uV on FIM‐71
uV/m Field Strength
1= 150 uV
498.76uV
2= 180 uV
598.50
3= 280 uV
931.00
4= 240 uV
798.00
5= 250 uV
831.25
Site Number 6
Ground Elevation 1313’ AMSL
Average Measurement for Site Number 5 = 798.00uV/m
Distance from KRTH‐HD 103.19kM
CA, Clinton Keith & Hidden Springs Stater Brothers parking lot
33‐35‐46.5 117‐14‐47.3 (NAD‐27) 12‐28‐2009 12:30am
uV on FIM‐71
uV/m Field Strength
1= 110 uV
365.75uV
2= 190 uV
631.75
3= 200 uV
665.00
4= 210 uV
698.25
5= 210 uV
698.25
Mean Measurement for Site Number 6 = 665.00uV/m
EXHIBIT E‐1 page three: KRTH‐HD Measurements @ 30’ AGL
Site Number 7
Ground Elevation 1530’ AMSL
Distance from KRTH‐HD 77.53
Moreno Valley CA, 6125 Sycamore Canyon
33‐56‐29.5 117‐17‐59.5 (NAD‐27) 12‐28‐2009 11:20pm
uV on FIM‐71
uV/m Field Strength
1= 130 uV
432.25uV
2= 120 uV
399.00
3= 140 uV
465.50
4= 150 uV
498.76
5= 160 uV
532.00
Site Number 8
Ground Elevation 1542’ AMSL
Mean Measurement for Site Number 7 = 465.50uV/m
Distance from KRTH‐HD 80.76kM
Moreno Valley CA, 22150 Goldencrest and Old 215
33‐54‐40.3 117‐16‐42.3 (NAD‐27) 12‐29‐2009 1:45am
uV on FIM‐71
uV/m Field Strength
1= 340 uV
1130.50uV
2= 400 uV
1330.00
3= 450 uV
1496.25
4= 420 uV
1396.50
5= .46 mV
1136.2
Mean Measurement for Site Number 8 = 1396.5uV/m
EXHIBIT E‐1 page four: KRTH‐HD Measurements @ 30’ AGL
Site Number 9
Ground Elevation 1606’ AMSL
Distance from KRTH‐HD 92.99kM
Perris CA, Ramona Expressway & Rider St (first left to school dirt road to dump site)
33‐49‐20.8 117‐11‐05.3 (NAD‐27) 12‐29‐2009 12:25am
uV on FIM‐71
uV/m Field Strength
1= 310 uV
1030.75uV
2= 320 uV
1064.00
3= 340 uV
1130.50
4= 350 uV
1163.75
5= 350 uV
1163.75
Site Number 10
Mean Measurement for Site Number 9 = 1130.50uV/m
Ground Elevation 1490’ AMSL
Distance from KRTH‐HD 86.70kM
Perris CA, Patterson Avenue
33‐50‐43.4 117‐14‐50.2 (NAD‐27) 12‐29‐2009 12:50am
uV on FIM‐71
uV/m Field Strength
1= 70 uV
232.75uV
2= 72 uV
239.40
3= 74 uV
246.05
4= 80 uV
266.00
5= 80 uV
266.00
Average Measurement for Site Number 10 = 246.00uV/m
EXHIBIT E‐2
Desired / Undesired KATY vs. KRTH‐HD
Site Number 1
Lake Elsinore CA, Bundy Canyon Road Exit
AMPM Gas Station
33‐37‐37.9 117‐16‐25.4 (NAD‐27) 12‐27‐2009 11:53pm
Distance from KATY 49.82kM
Longley‐Rice Predicted KATY Signal 58.68dBu
Measured KRTH‐HD Signal 50.69dBu
D/U ‐7.99dB
Site Number 2
Moreno Valley CA, Alessandro Blvd. & Grant
33‐54‐58.3 117‐16‐24.0 (NAD‐27) 12‐28‐2009 1:50am
Distance from KATY 52.92kM
Longley‐Rice Predicted KATY Signal 73.90dBu
Measured KRTH‐HD Signal 58.39dBu
D/U ‐15.51dB
Site Number 3
Moreno Valley CA, Day Street & Canyon Springs Parkway Subway parking lot
33‐56‐22.0 117‐16‐46.6 (NAD‐27) 12‐28‐2009 2:20am
Distance from KATY 54.52kM
Longley‐Rice Predicted KATY Signal 73.65dBu
Measured KRTH‐HD Signal 56.46dBu
D/U ‐17.19dB
EXHIBIT E‐2 cont’d page two: KATY / KRTH‐HD D/U
Site Number 4
Sun City CA, Newport Road Exit 76 Gas station parking lot
33‐41‐09.6 117‐10‐30.6 (NAD‐27) 12‐28‐2009 1:05am
Distance from KATY 39.70kM
Longley‐Rice Predicted KATY Signal 61.18dBu
Measured KRTH‐HD Signal 47.94dBu
D/U ‐13.24dB
Site Number 5
Moreno Valley CA, Moreno Beach Drive & Eucalyptus Avenue closed stores parking east of
Wal‐Mart
33‐56‐16.2 117‐10‐52.1 (NAD‐27) 12‐28‐2009 3:05am
Distance from KATY 46.39kM
Longley‐Rice Predicted KATY Signal 75.10dBu
Measured KRTH‐HD Signal 58.04dBu
D/U ‐17.06dB
Site Number 6
CA, Clinton Keith & Hidden Springs Stater Brothers parking lot
33‐35‐46.5 117‐14‐47.3 (NAD‐27) 12‐28‐2009 12:30am
Distance from KATY 48.27kM
Longley‐Rice Predicted KATY Signal 55.32dBu
Measured KRTH‐HD Signal 56.46dBu
D/U +1.14dB
EXHIBIT E‐2 cont’d page three: KATY / KRTH‐HD D/U
Site Number 7
Moreno Valley CA, 6125 Sycamore Canyon
33‐56‐29.5 117‐17‐59.5 (NAD‐27) 12‐28‐2009 11:20pm
Distance from KATY 56.31kM
Longley‐Rice Predicted KATY Signal 73.35dBu
Measured KRTH‐HD Signal 53.36dBu
D/U ‐19.99dB
Site Number 8
Moreno Valley CA, 22150 Goldencrest and Old 215
33‐54‐40.3 117‐16‐42.3 (NAD‐27) 12‐29‐2009 1:45am
Distance from KATY 53.13kM
Longley‐Rice Predicted KATY Signal 61.02dBu
Measured KRTH‐HD Signal 62.90dBu
D/U +1.88dB
Site Number 9
Perris CA, Ramona Expressway & Rider St (first left to school dirt road to dump site)
33‐49‐20.8 117‐11‐05.3 (NAD‐27) 12‐29‐2009 12:25am
Distance from KATY 41.74kM
Longley‐Rice Predicted KATY Signal 54.23dBu
Measured KRTH‐HD Signal 61.07dBu
D/U +6.84dB
EXHIBIT E‐2 cont’d page four: KATY / KRTH‐HD D/U
Site Number 10
Perris CA, Patterson Avenue
33‐50‐43.4 117‐14‐50.2 (NAD‐27) 12‐29‐2009 12:50am
Distance from KATY 47.99kM
Longley‐Rice Predicted KATY Signal 74.99dBu
Measured KRTH‐HD Signal 47.82dBu
D/U ‐27.17dB
EXHIBIT E-3
KATY-FM Protected 60dBu f(50,50) with KRTH-HD Interfering 40dBu f(50,10)
Klein Broadcast Engineering, L.L.C.
Job: KATY-FM KRTH HD 20100112.fmj
Master Database: FCC CDBS 2010_Jan_10.fmd
Date: 1/12/2010
Lat: N33:42:35 Lon: W117:12:12 NAD-27 (Map Center)
Scale: 1:750000
Channel: 267 Class: A
Status: Licensed, Reserved
Terrain Database: DMA 3 Arc Second Digitized Terrain Datafile, Conus.
Contour Prediction Method: FCC Standard f(50,50) & f(50,10), 360 Radials.
Ground Elevation Color Key
Comments: Analysis of Licensed KATY Facility & KRTH-HD Uppersideband at at 0.255kW ERP.
Description: EXHIBIT E-3 KATY Protected 60dBu f(50,50) with
0
Meters AMSL
4178
KRTH-HD Interfering40dBu f(50,10)
117:30:00
117:00:00
116:30
KRTH-HD 40dBu f(50,10)
Duarte
Azusa Glendora
Claremont
La Verne
San Dimas
Vincent
Covina
Montclair
West Puente Valley
Valinda
San Bernardino
Highland
Rancho Cucamonga
Upland
Pomona Ontario
South San Jose Hills
34:00:00
Diamond Bar
Rowland Heights
Chino Hills
Bloomington
Colton
Glen Avon
Rubidoux
Mira Loma
Redlands
Yucaipa
Loma Linda
Grand Terrace
Desert
Brea
La Habra
Placentia Yorba Linda
Fullerton
Corona
Anaheim
Orange
Norco
Riverside Moreno Valley
Banning
2K
Cat
Perris
San Jacinto
Riverside
Tustin Foothills
Orange
Santa
Ana
Tustin
Irvine
KATY-FM 60dBu f(50,50)
HemetEast Hemet
Sun City
Palm Sprin
KATY-FM
Lake Elsinore
Rancho Santa Margarita
Laguna Hills
Newport Beach
33:30:00
Temecula
KATY 60dBu Area = 4,063.5 sq.kM
KATY 60dBu Population = 661,984
KRTH-HD Overlap Area = 1817.1 sq.kM
Population in Overlap Area = 473,402
(2000 U.S. Census Data)
Fallbrook
N
Camp Pendleton South
Oceanside
Vista
0 km
25. km
50. km
San Marcos
75. km
Carlsbad
Escondido
100 km
EXHIBIT E-4
KRTH-HD Measurement Locations within KATY(FM) Predicted FCC 60dBu f(50,50) Contour
Klein Broadcast Engineering, L.L.C.
Job: KATY-FM 20100106.fmj
Master Database: FCC CDBS 2010_Jan_06.fmd
Lat: N33:46:35 Lon: W117:05:36 NAD-27 (Map Center)
Scale: 1:350000
Channel: 267 Class: A
Status: Licensed, Reserved
Terrain Database: DMA 3 Arc Second Digitized Terrain File, Conus.
Contour Prediction Method: FCC Standard f(50,50), 360 Radials.
Comments: Contour analysis of KATY(FM) FCC Licensed Facility
Description: KRTH-HD MEASUREMENT LOCATIONS within KATY FCC PREDICTED
60dBu f(50,50) CONTOUR
117:15:00
Ground Elevation Color Key
200
4058
Meters AMSL
117:00:00
116
Mentone
Bloomington Colton
Redlands
Loma Linda
Grand Terrace
Sunnyslope
Date: 1/9/2010
KATY(FM) 60dBu f(50,50)
Yucaipa
Highgrove
34:00:00
Calimesa
Rubidoux
Cherry Valley
Riverside
SITE
#7 Moreno
Valley
Sycamore
SITE
#3 Moreno
Valley
St Valley MB Dr. Beaumont
SITE
#5 Day
Moreno
Moreno
Valley
SITE#8
#2Moreno
Moreno
Valley
Alessandro Blvd
SITE
Valley
Gcrest
Woodcrest
Banning
Cabazo
March AFB
SITE #10 Perris Patterson Ave.
Lakeview
SITE #9 Perris Ramona Expway & Rider St.
Nuevo
Perris
San Jacinto
33:45:00
Romoland Homeland
Hemet
Sun City
Quail Valley
Canyon Lake
Lake Elsinore
Riverside
Valle Vista
East Hemet
Winchester
SITE #4 Sun City Newport Rd Exit
KATY(FM)
Sedco Hills
Lakeland Village
SITE #1 Lake Elsinor Bundy Canyon Rd
Wildomar
SITE #6 Clinton Keith & Hidden Spgs
Murrieta
0 km
33:30:00
10. km
20. km
Murrieta Hot Springs
30. km
Temecula
N
40 km
EXHIBIT E-5
[BLANK]
EXHIBIT E-6
EXHIBIT E-6
EXHIBIT E-7
EXHIBIT E-7
EXHIBIT E-8
EXHIBIT E-8
EXHIBIT E-9
EXHIBIT E-9
EXHIBIT E-10
EXHIBIT E-10
EXHIBIT E-11
EXHIBIT E-11
EXHIBIT E-12
EXHIBIT E-12
EXHIBIT E-13
EXHIBIT E-13
EXHIBIT E-14
EXHIBIT E-14
EXHIBIT E-15
EXHIBIT E-15
EXHIBIT E-16
[BLANK]
EXHIBIT E-17
KRTH MEASUREMENT LOCATION #1
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 29, 2009 01:35am P.S.T.
Station KATY(FM) off air
EXHIBIT E-18
KRTH MEASUREMENT LOCATION #2
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 28, 2009 03:12am P.S.T.
Station KATY(FM) off air
EXHIBIT E-19
KRTH MEASUREMENT LOCATION #3
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 28, 2009 03:42am P.S.T.
Station KATY(FM) off air
EXHIBIT E-20
KRTH MEASUREMENT LOCATION #4
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 28, 2009 02:32am P.S.T.
Station KATY(FM) off air
EXHIBIT E-21
KRTH MEASUREMENT LOCATION #5
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 28, 2009 04:12am P.S.T.
Station KATY(FM) off air
EXHIBIT E-22
KRTH MEASUREMENT LOCATION #7
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 29, 2009 00:51am P.S.T.
Station KATY(FM) off air
EXHIBIT E-23
KRTH MEASUREMENT LOCATION #8
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 29, 2009 02:29am P.S.T.
Station KATY(FM) off air
EXHIBIT E-24
KRTH MEASUREMENT LOCATION #9
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 29, 2009 01:37am P.S.T.
Station KATY(FM) off air
EXHIBIT E-25
KRTH MEASUREMENT LOCATION #10
SPECTRUM ANALYZER SCREEN CAPTURE
CENTERED on 101.3mHz.
Measurement made on December 29, 2009 02:04am P.S.T.
Station KATY(FM) off air
EXHIBIT E-26
EXHIBIT E-26
KLEIN BROADCAST ENGINEERING, L.L.C.
dedicated to improving the science and technology of radio & television communications
May 25, 2009
ENGINEERING MEMORANDUM & REPORT
To: Mr. Scott Mason, V.P. Engineering CBS Radio
Fm: Elliott Kurt Klein
Re: Interference to KATY(FM) from KRTH HD IBOC Operations at
Grandfathered Super Power Class “B” Levels with 0.510kW E.R.P.
Exhibit E-1 is a signal strength contour map generated using the FCC’s Standard
Contour Prediction Methods, f(50,50) and f(50,10). The map was developed as if the
KRTH(HD) RF carrier was on the assigned frequency of FM Station KATY(FM).
In April of 2009, occupied bandwidth measurements were taken on KRTH with its
HD IBOC signal operation at approximately -20dBc. The power on the KRTH first
adjacent channel 267 101.3mHz, appears to be at full strength on 101.3mHz. We
therefore used 0.510kW Effective Radiated Power for the KRTH(HD) Interfering
contour predictions. We used the co-channel prohibited interfering contour level as
calculated 40dBu f(50,10). The Primary KATY(FM) FCC Protected Contour was
calculated as 60dBu f(50,50). As may be seen in this exhibit the contour overlap is
substantial as the KRTH(HD) signal affects literally the vast majority of the
population within the KATY FCC Protected 60dBu f(50,50) contour.
Exhibit E-2 is a Received Signal Analysis Map generated using the FCC authorized
facility for KRTH(HD). This analysis was generated predicting field strength levels
with a receive antenna at 9 meters above the ground. This was done to reflect the
signal levels as compared to the KATY FCC Protected 60dBu f(50,50) contour at the
same 9 meters above ground level. This map indicated substantial 60dBu
interference to KATY within its FCC Protected Contour of 60dBu f(50,50), using
the FCC Standard Contour Prediction Method.
Exhibit E-3 is a Received Signal Analysis Map generated using the FCC authorized
Effective Radiated Power for KRTH(HD) but with the use of a proposed Directional
Antenna System. The map shows the substantial overlap with the KATY FCC
Protected 60dBu f(50,50) contour is reduced to 48dBu in most areas of the overlap.
This gives KATY a ratio of 12dB Desired to Undesired. We believe this 12 dB ratio
is sufficient to protect the Primary FCC Protected Service Area of FM Station
KATY.
ENGINEERING MEMORANDUM cont’d page two: KRTH(HD) & KATY(FM)
Exhibit E-4 is a Polar Plot of the Proposed Directional Pattern for KRTH(HD). The
maximum null depth of the pattern is -9.0dB at 115 degrees true. The pattern was
developed to comply with the FCC Directional Antenna Rules in that the proposed
pattern complies with the 2dB change in 10 degrees of change of azimuth.
CONCLUSION
We believe if KRTH were to install a directional antenna system on KRTH(HD) at
its authorized power level with a pattern minima of at lease -9.0dB at 115 degrees
true, such an antenna would effectively protect the KATY(FM) FCC Protected
Primary Service Area within its 60dBu f(50,50) contour.
It can also be seen that with the implementation of the proposed or similar
directional antenna system for KRTH(HD) the coverage of KRTH(HD) remains
substantially unchanged in the Los Angeles Arbitron Metro Survey Area.
Please look at the attached materials and give us your thoughts on how we can
resolve the interference issues that have been facing KATY since your KRTH HD
operations began in June of 2007. I look forward to your reply in the not too distant
future.
Sincerely,
Elliott Kurt Klein,
Consulting Broadcast Engineer
25
May
2009
EXHIBIT E-1
KATY & KRTH HD Protected & Interfering Contour Analysis with Terrain
Klein Broadcast Engineering, L.L.C.
Job: KATY-FM with KRTH 20071117.fmj
Master Database: FCC CDBS 2009_Nov_19.fmd
Lat: N33:43:31 Lon: W116:44:58 NAD-27 (Map Center)
Scale: 1:1000000
Channel: 267 Class: A
Status: Licensed, Reserved
Terrain Database: DMA 3 Arc Second Digitized Terrain Datafile, Conus.
Contour Prediction Method: FCC Standard Prediction Method f(50,50) & f(50.10)
Comments: Analysis of KATY with FCC licensed facility. Analysis of KRTH FCC HD Facility.
Description: KATY with KRTH HD CO-CHANNEL 60dBu f50,50) vs 40dBu f(50,10)
117:30:00
117:00:00
Ground Level in Meters AMSL
0
116:30:00
4298
116:00:00
KRTH HD Interfering 40dBu f(50,10)
Victorville Apple Valley
34:30:00
Date: 5/19/2009
Hesperia
San Bernardino
KATY Protected 60dBu f(50,50)
San Bernardino
Highland
Rancho Cucamonga
Upland
Rialto
Fontana
Colton
Pomona
Redlands
Ontario
Yucaipa
34:00:00Chino
Rubidoux
Chino Hills
Claremont
La Verne
Montclair
Norco
Yorba Linda
Corona
RiversideMoreno Valley Banning
Cathedral City
Perris
Riverside
East Hemet
Hemet
Palm Springs
KATY-FM
Palm Desert
Indio
Lake Elsinore
El Toro
Laguna
Hills
Mission
Viejo
Laguna Beach
Laguna Niguel
33:30:00 San Juan Capistrano
Temecula
Dana Point
San Clemente
Fallbrook
KATY 60dBu = 4,063.1 sq. kM.
Total Persons = 661,984
Oceanside
Vista
San Marcos
Carlsbad Escondido
Encinitas
33:00:00
0 km
Poway
25. km
50. km
San Diego
75. km
Overlap Area with KRTH HD
2,481.2 sq. kM.
Total Persons in Overlap Area
641,645
(2000 U.S. Census)
100 km
N
EXHIBIT E-2
KRTH(HD) Received Signal Analysis Map Existing Facility Toward KATY(FM)
Klein Broadcast Engineering, L.L.C.
Job: KRTH 20090523.fmj
Master Database: FCC CDBS 2009_May_23.fmd
Date: 5/24/2009
Lat: N33:56:21 Lon: W117:23:46 NAD-27 (Map Center)
Signal Strength Color Key / Population Count
Scale: 1:750000
100dB(uV) 5
Channel: 266 Class: Grandfathered Super "B"
80dB(uV)
449,470
Status: Licensed, Reserved
70dB(uV)
7,796,970
Terrain Database: DMA 3 Arc Second Digitized Terrain Datafile, Conus.
60dB(uV)
3,740,478
Signal Strength Prediction Method: Longley-Rice, NBS Tech Note 101&102, Point To Point, ITM. 54dB(uV)
429,177
Comments: Analysis of FCC Permitted KRTH HD Facility (Omni-Directional) 510 watts E.R.P. 48dB(uV)
576,114
Description: KRTH HD EXISTING OMNI RECEIVED SIGNAL ANALYSIS MAP 20090523
1,204,772
40dB(uV)
118:00:00
117:30:00
117:00:00
34:30:00
KRTH(HD)
San Bernardino
Pasadena
San Bernardino
Rancho Cucamonga
Rialto
Fontana
Alhambra
Baldwin Park
El Monte
Pomona Ontario
West Covina
East Los Angeles
34:00:00
Whittier
Downey
Norwalk
Fullerton
Lakewood
Anaheim
Orange
Long BeachGarden Grove
Westminster
Orange
Santa Ana
Huntington Beach
Costa Mesa
Irvine
KOCI-LP
Riverside Moreno Valley
Corona
KATY(FM)
Riverside
Mission Viejo
33:30:00
N
0 km
25. km
50. km
75. km
100 km
EXHIBIT E-3
KRTH(HD) Received Signal Analysis Map w/Proposed DA Toward KATY(FM)
Klein Broadcast Engineering, L.L.C.
Job: KRTH 20090523.fmj
Master Database: FCC CDBS 2009_May_23.fmd
Lat: N33:56:21 Lon: W117:23:46 NAD-27 (Map Center)
Scale: 1:750000
Channel: 266 Class: Grandfathered Super Power "B"
Status: Licensed, Reserved
Terrain Database: DMA 3 Arc Second Digitized Terrain Datafile, Conus.
Signal Strength Prediction Method: Longley-Rice, NBS Tech Note 101&102, Point To Point, ITM.
Comments: Analysis of KRTH(HD) with Proposed DA at 510 watts E.R.P.
Description: KRTH HD PROPOSED DA RECEIVED SIGNAL ANALYSIS MAP 20090523A
118:00:00
Date: 5/24/2009
100dB(uV)
80dB(uV)
70dB(uV)
60dB(uV)
54dB(uV)
48dB(uV)
40dB(uV)
117:30:00
4
408,412
7,109,943
3,814,833
974,180
395,206
1,128,598
117:00:00
34:30:00
KRTH(HD
San Bernardino
Pasadena
San Bernardino
Rancho Cucamonga
Rialto
Fontana
Alhambra
Baldwin Park
El Monte
Pomona Ontario
West Covina
East Los Angeles
34:00:00
Whittier
Downey
Norwalk
Fullerton
Lakewood
Anaheim
Orange
Long BeachGarden Grove
Westminster
Orange
Santa Ana
Huntington Beach
Costa Mesa
Irvine
KOCI-LP
Riverside Moreno Valley
Corona
KATY(FM)
Riverside
Mission Viejo
33:30:00
N
0 km
25. km
50. km
75. km
100 km
EXHIBIT E-4
Directional Antenna Pattern (Azimuth)
Klein Broadcast Engineering, L.L.C.
Job: KRTH HD 20090523.fmj
Description: PROPOSED DA for KRTH(HD) 20090523A
Date: 5/25/2009
0 deg
0.707
Degrees
Field
000
010
020
030
040
050
060
070
080
1.000
1.000
1.000
1.000
1.000
1.000
1.000
1.000
0.794
0.2
0.4
0.6
0.8
DA Pattern Minima -9.0dB at 115 Degrees True
Degrees
Field
Degrees
Field
Degrees
Field
090
100
110
120
130
140
150
160
170
0.631
0.501
0.398
0.398
0.501
0.631
0.794
1.000
1.000
180
190
200
210
220
230
240
250
260
1.000
1.000
1.000
1.000
1.000
1.000
1.000
1.000
1.000
270
280
290
300
310
320
330
340
350
1.000
1.000
1.000
1.000
1.000
1.000
1.000
1.000
1.000
EXHIBIT B
DECLARATION OF LARRY SLOVER
I, LARRY SLOVER, offer the following Declaration of Facts.
1. I am an experienced broadcast engineer, and a member of the Society of Broadcast
Engineers. In late July and late August of 2009, and on behalf of All Pro Broadcasting, Inc., the
licensee of radio station KATY-FM, Channel 267A, Idyllwild, California, FCC Facility ID No.
33611, I recorded examples of the interference that Station KATY-FM is suffering as a result of
the IBOC operations of first-adjacent-channel station KRTH(FM), Channel 266B+, Los Angeles,
California, FCC Facility ID No. 28631.
2. To make the recordings, I employed the in-dash, factory-installed AM/FM stereo
broadcast receiver of a 2003 Toyota 4Runner Sport Utility Vehicle. The receiver was connected
to the factory-installed, glass-mount antenna. The receiver was in good operating condition at
the time that I made the recordings, and I made no modifications either to the receiver or to the
antenna. Also, I employed a Zoom H2 Handy Recorder acoustically coupled to the in-dash
receiver. My goal was to capture what actual listeners would hear at various locations within
Station KATY’s 60-dBµf(50,50) contour.
3. Station KATY-FM had decent audio quality in areas not affected by the IBOC
interference. In areas where the interference was prevalent, reception was severely impaired.
The Lake Elsinore area was by far the worst. Reception of Station KATY-FM was simply
impossible. Moreno Valley is also a hot spot. I only made one recording in Lake Elsinore since
they would all sound pretty much the same, but I did make more in the Moreno Valley area and
to the South on Highway 215.
Declaration of Larry Slover
April 29, 2010
Page 2
4. The Zoom H2 Handy Recorder stores the recordings that it makes in digital form. In this
case, I chose to store them using a 16-bit data resolution, a 44.1-kHz-sampling-rate, and to store
them as linear PCM .wav files. After making the recordings, I transferred them to my computer
using the Zoom’s USB port. I then uploaded the .wav files to a file-storage site on the Internet
for downloading by All Pro’s consulting broadcast engineer and All Pro’s communications
counsel.
I have listened to the .wav files, and they are accurate reproductions of the
interference that I heard with my own ears.
5. The first recording that I made was at 5:30 P.M. local time on July 25, 2009 on Interstate
Highway 15 at the Bundy Canyon Road Exit. The vehicle was stationary when I made this
recording. I could not make any other recordings that day because heavy road traffic impeded
my progress.
6. The second recording that I made was at approximately 1:40 P.M. local time on August
30, 2009. The vehicle was moving North at approximately 70 miles per hour on Interstate
Highway 215 in Sun City, California starting at about the Newport Road Exit when I made this
recording.
7. I made a third recording at approximately 2:15 P.M. local time on August 30, 2009. The
vehicle was moving North at approximately 70 miles per hour on Interstate Highway 215 in
Perris, California. I was passing the Redlands Avenue Exit when I began making this recording.
8. The fourth recording began at approximately 3:45 P.M. local time on August 30, 2009.
The vehicle was moving East on Alessandro Boulevard in Moreno Valley, California at
approximately 40 miles per hour.
EXHIBIT C
PETITION
RELIEF FROM INTERFERENCE,
AND FOR MODIFICATION OF STA
ALL PRO BROADCASTING, INC.
RADIO STATION KATY-FM, CHANNEL 267A,
IDYLLWILD, CALIFORNIA, FCC FACILITY ID NO. 33611
MAY 2010
FOR
EXHIBIT C
AUDIO RECORDING DATA
TRACK
NUMBER
TIME
AND
DATE
LOCATION
1
25 July 2009;
1730 Local Time
On Interstate Highway 15 at the Bundy Canyon Road Exit,
in Lake Elsinore, California
2
30 August 2009;
1340 Local Time
Northbound on Interstate Highway 215, starting at about the
Newport Road Exit, in Sun City, California
3
30 August 2009;
1415 Local Time
Northbound on Interstate Highway 215,
passing the Redlands Avenue Exit in Perris, California
4
30 August 2009;
1545 Local Time
Eastbound on Alessandro Boulevard,
in Moreno Valley, California
5
30 August 2009;
1730 Local Time
Junction of Interstate Highway 215 and Route 60,
in Moreno Valley, California
6
30 August 2009;
1800 Local Time
Westbound on Route 60, passing the Perris Boulevard Exit,
in Moreno Valley, California