Christian Station Gets Minneapolis Upgrade; Competitor Filed Too Early

The FCC has granted a Christian radio station’s application to move its FM translator to Minneapolis after deciding a competing application by a low-power FM station was filed too early.

The Central Baptist Theological Seminary’s K250BY/97.9 (Plymouth), which relays WCTS/1030, has been granted a construction permit to move its transmitter to the IDS Center, where it will use 250 Watts with a directional antenna. The upgrade will widen K250BY’s metro area reach.

Park Public Radio’s KPPS-LP/97.5 (St. Louis Park) had filed a competing application to change frequency to 97.7 and move its transmitter to Minneapolis.

The tiny chunk of FM spectrum became available when the license for KQEP-LP/97.9 (St. Paul) expired on April 1, 2021. KPPS-LP filed its application on March 31 and K250BY filed on April 1.

In a letter to the stations issued Tuesday, July 5, Audio Division Deputy Chief James Bradshaw writes that KPPS-LP’s application was filed too early:

Although, in this instance, the PPR Application was filed before the CBT Application, we now find, upon further review, that the PPR Application was premature and should have been rejected when it was filed. In particular, we find that the PPR Application was not acceptable at the time of filing because it conflicted with and failed to protect the KQEP-LP license, which had not expired according to its express terms. The CBT Application, though technically premature, did not suffer from the same flaw, as it was filed after the KQEP-LP license had expired. Our first come/first process is crafted to ensure that all entities and members of the public have an equal opportunity to obtain spectrum as it becomes available. Allowing prematurely filed applications, such as the PPR Application, to be considered acceptable for filing, and/or to process them, would be unfair to all other similarly-situated prospective applicants for the available spectrum, and would undermine their opportunity to file first-intime or competing applications. It would also create uncertainty about application timing as well as undermine the licensee’s ability to make unencumbered use of its license for the entire license term. In light of these considerations, we dismiss the PPR Application as premature.

July 5 FCC letter

The letter also says the regulator was unconvinced with KPPS-LP’s argument that the proposed facility, though short-spaced with K250BY and W248CU/97.5 (St. Paul), should be allowed because it would not worsen the short-spacing. It said that the precedent cited by KPPS-LP was a “staff action” that “occurred via Public Notice and did not include a written decision; thus, it has no precedential effect on the instant matter.”

Park Public Radio also has several construction permits for new non-commercial stations in Aitkin, Red Wing, and Virginia, MN, as well as pending applications for two frequencies in Minneapolis. It has pledged to divest KPPS-LP if it signs on any of the new stations.