The FCC has rescinded its earlier decision identifying a tentative selectee for a new non-commercial FM radio station in southeastern Wisconsin and instead ordered two competing applicants to reach a time-sharing agreement.
Brookfield-based Optima Enrichment, Inc. and Waterloo Christian Radio Corporation are both seeking to use 91.5 in an area just west of the Milwaukee metro.
The FCC had named Optima Enrichment the tentative selectee earlier this year but reconsidered that decision after Waterloo Christian Radio raised allegations about whether Optima qualified for the tie-breaker that led to the FCC’s decision.
The two applicants tied in the FCC’s points-based system for determining competing applications and then tied on the first two tie-breakers. For the first time ever, the FCC used a new third tie-breaker: whether the applicant has previously applied for a station and been denied.
Optima Enrichment claimed that it qualified, since a previous application for a new station in Delafield was not successful. However, the group was granted new stations in other areas, and the FCC has now determined that it does not actually qualify for the third tie-breaker.
With the applications again tied, the FCC ordered the two groups to reach a voluntary time-sharing agreement.
(Other claims have also been raised. Read pages 3 to 8 of the FCC’s memorandum opinion and order for the full background.)
Both groups applied to use 91.5 from the same tower north of Oconomowoc, though with different power levels and antenna heights; Optima’s station would be licensed to Delafield and Waterloo Christian Radio’s station would be licensed to Ixonia.
The two applicants were part of a group of eight competing applications that was eventually whittled down to four. Two applicants changed their planned facilities to remove themselves from the group, one withdrew its application, and one was dismissed due to flaws in the application.