[grc] It only took 2,769 days ! Thanks FCC !

[Jim Ellinger]

*Released as a Public Service of Austin Airwaves.
Longish posting, covering a number of current
CR/LPFM developments.
*

*>  2769 days <
*

*That's how long it took the FCC to issue a license for a new full power
non-commercial FM station for the Ellinger/LaGrange Texas area.
*

*Austin Airwaves applied for a license with the FCC on Thursday, October 
11, 2007**,
and this week, on Monday, May 11, 2015, we were granted the Designated 
Selectee
status. A Construction Permit should be issued in thirty days, June 
10th, 2015, barring
an unlikely appeal from our remaining competitor.
*

*However, when asked if he thought our remaining competitor would file 
an appeal,
AA's engineer said /"No I don't."/*/**/*We don't know of any basis for 
an appeal of the FCC
staff's decision, though groups have been known to file appeals (and pay 
attorneys' fees)
just to be obstinate and obstructive.*
/*"Well their barristers quit and I don't know why anyone would want to 
take their *//*
*//*case on appeal. Praise the Lord,*/*/"/****says AA's ****attorney.
*

_Previously__, regarding another station app_:
The time to file a formal objection is the 30 days after the application 
is Accepted for Filing - /
before/ it is granted.After CPs are granted, the bar is extremely high 
to have it pulled.

*This is by no means a record for waiting for the FCC.  91.7FM in Austin 
took eleven years
from**first public announcement to sign on of the half-time station. 
That process involved
the first-ever modification of the so-called /"Wolfman Jack Treaty"/ 
with Mexico.**There have
been other FM applicants that have languished before the FCC far longer.
*

*We are pleased to note that all of our work and opinions about the FCC 
staff decisions/
errors proved correct. (Again, no chance of interfering with another 
station 900+ kilometers
away in New Mexico!)

*

It appears that the FCC consolidated several "straggler" NCE MX group 
decisions into one
Order. We had heard that this order was coming, /many moons/ ago*... 
**On Ellinger, TX,
the FCC essentially agreed with our primary contentions, and _Ellinger 
wins_ on the
basis of _superior 307b_, even though it has fewer points than the others.

*

* > ! 7 years and 7 months ! <*

*We now have three years to put the station on the air. The CP is 
transferable.
We have invested about $10,000 in attorney and engineering fees to date.
*

*Thanks to everyone for their effort and support. Now someone just has 
to build, and operate,
the station, indefinitely. (/How hard could that be?/)
*

*Also Good News with LPFMs...
There is also good news to report on the various LPFM fronts. Hot 
Springs' LPFM station is licensed
and now under construction and expected on the air soon.
*

*Wimberley LPFM is also licensed and under construction. I will be part 
of a tower crew this w/e.
*

*No recent word on Under the Hood in Killeen. San Marcos may catch a 
break with their CP transfer.
Or not.
*

*AA BoD member Eric has almost single-handedly saved one or more of the 
Austin LPFMs. But there is
still considerable work ahead, even before construction of any sort 
begins. AA cannot hold the license
for a full power station as well as an LPFM, thus our Board decision 
last year was, in fact, the best move.
*

*And finally, AA has offered to help out another LPFM project in Bella 
Anse, Haiti.
*

*
jim ellinger
Austin Airwaves
Released May 1*3*, 2015

*

*Notice for Austin Airwaves "Accepted for Filing"*
http://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/app_list.pl?Superseded=X&Facility_id=172596 
*_Attachment_**: See MX Group 538. (A long and dense read...)*
*"AA Wins Ellinger" attachment is the brief, excerpted ruling. *



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