The FCC has granted an application for review from Park Public Radio, owner of KPPS-LP/97.5 (St. Louis Park), in the long-running battle over whether KPPS-LP or a translator should get a facility change.
Both KPPS-LP and Central Baptist Theological Seminary’s K250BY/97.9 (Plymouth) filed applications in 2021 seeking to take over spectrum previously used by KQEP-LP/97.9 (St. Paul). KQEP-LP’s license was canceled as of 3 a.m. April 1, 2021, after it did not seek renewal.
KPPS-LP sought to change frequency to 97.7 and move its transmitter from St. Louis Park to Minneapolis, remaining 100 Watts. K250BY sought to move its transmitter from Plymouth to the IDS Center, remaining 250 Watts and benefitting from the higher antenna height. K250BY relays WCTS/1030 (Maplewood).
The timing of each application was initially a major point of discussion: KPPS-LP’s application was filed hours before KQEP-LP’s license was formally canceled and K250BY’s was filed hours after the cancelation. The FCC has a “first come/first served” rule for competing applications of this nature.
The FCC’s latest memorandum opinion and order reverses an earlier finding that KPPS-LP’s application was filed too soon, stating that KQEP-LP’s license was long expired by the time the FCC issued the dismissal in 2022 and that, in fact, both applications should have initially protected KQEP-LP.
In sum, we conclude that the KQEP-LP license was entitled to protection through and including May 17, 2021, after which the Cancellation Notice became final because the licensee did not seek reconsideration or otherwise challenge the cancellation. Both the Park and Central Baptist Modification Applications, filed on March 31 and April 1, 2021, respectively, were shortspaced to KQEP-LP at the time of filing and therefore technically deficient.
FCC memorandum opinion and order released August 6, 2024
However, the FCC says KPPS-LP’s application does not adequately protect K250BY’s existing facility, disagreeing with KPPS-LP’s contention that it should be able to continue “grandfathered” short-spacing if it changes frequency. It determined that KPPS-LP should have been given a 30-day window to amend its application once the deficiency was discovered, but Park Public Radio says the FCC’s filing system would not allow it to amend the application because it had been dismissed.
The FCC has now rescinded its grant of K250BY’s application and returned it to pending status, reinstated KPPS-LP’s application, and given KPPS-LP until Sept. 5 to modify its application.
Previous coverage:
- FCC Upholds Decision Giving WCTS Translator Minneapolis Upgrade (2/10/2023)
- Christian Station Gets Minneapolis Upgrade; Competitor Filed Too Early (7/5/2022)
- Exact Time of License Expiration At Issue in Minneapolis Upgrade Battle (5/10/2021)
- Minneapolis Land Rush: Two Stations Seek Expired FM License’s Coverage Area (4/2/2021)