**DA 06-1481**

In Reply Refer To:

1800B3-LD

Released: July 20, 2006

Mr. John V. Oldfield

300 Berkeley Drive

Syracuse, NY 13210-3031

In re: WJPZ Radio, Inc.

WJPZ-FM, Syracuse, New York

Facility ID: 73148

File No. BRED-20060201AZD

Dear Mr. Oldfield:

We have before us (1) a license renewal application for Station WJPZ-FM,
Syracuse, New York, filed by WJPZ Radio, Inc.,[^1] and (2) a Petition to
Deny ("Petition") filed on May 1, 2006, by John V. Oldfield ("Oldfield")
and a related pleading.[^2] For the reasons set forth below, we deny the
Petition and grant the license renewal application for Station WJPZ-FM.

*Discussion.* In evaluating an application for license renewal, the
Commission's decision is governed by Section 309(k) of the
Communications Act of 1934, as amended (the "Act").[^3] That section
provides that if, upon consideration of the application and pleadings,
we find, with respect to that station, that (1) the station has served
the public interest, convenience, and necessity; (2) there have been no
serious violations of the Act or the Commission's Rules (the "Rules");
and (3) there have been no other violations which, taken together,
constitute a pattern of abuse, we are to grant the renewal
application.[^4]

In his Petition, Oldfield first argues that WJPZ-FM "sanitized" its
station public inspection file[^5] by removing items and failing to
provide copies of items requested in a timely manner. Specifically,
Oldfield claims that WJPZ-FM removed requested items from the file and
took more than 10 days to fulfill his requests for copies. Oldfield does
not specify which items were omitted. In failing to do so, it is unclear
if the requested documents were required to be present in the file.
Section 73.3527(c) of the Rules specifies that requests for copies shall
be fulfilled "within a reasonable period of time."[^6] Because it is
unclear which documents Oldfield was requesting, or when he requested
them, this allegation lacks the specificity necessary to warrant further
action or inquiry.[^7]

Oldfield's additional claim that WJPZ Radio was untruthful or inaccurate
in its application for renewal is unsubstantiated and will be denied.
Oldfield claims that WJPZ Radio answered "yes" to Section III, Question
3 of its renewal application, which "certifies that the documentation,
required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has
been placed in the station's public inspection file at the appropriate
times."[^8] WJPZ Radio in fact answered "no" to Question 3, disclosing
that one required item previously left out of the file --- a 2005
ownership report --- was inserted once the omission was identified.
Therefore, we find there is no indication that the licensee was
untruthful or inaccurate in its renewal application.

Oldfield next claims that WJPZ-FM failed to comply with the
environmental effects requirements of the Rules (e.g., by failing to
refer to the fact that it is a collocated station with WAER) and that
the station operates at a greater output power than is authorized in its
license. Oldfield's technical objections have no merit. The Commission
staff has previously and thoroughly considered the issue of
radiofrequency radiation exposure from the combined operations of
WJPZ-FM and WAER, as well as other environmental concerns raised by
Oldfield, and has repeatedly found that the operations of WJPZ-FM and
WAER comply with the Commission's rules and regulations.[^9] Oldfield's
unsupported observation that a nearby station of somewhat higher power
than WJPZ-FM cannot be heard well on a car radio at a given location is
not evidence of overpowered operation by WJPZ-FM. Reception of a given
station at a particular location is dependent on many factors, such as
intervening terrain, antenna height relative to the surrounding terrain,
power, and the effects of interfering signals from stations on the same
frequency or adjacent frequencies. Oldfield addresses none of these
considerations. Car radios are also subject to wide fluctuations in
received signal strength, which can occur over short distances. Finally,
Oldfield presents no evidence that the technical operations of either
WJPZ-FM or WAER have changed in any respect since the last time we
addressed such matters.[^10] Accordingly, Oldfield's objections on these
matters will be denied.

Oldfield also alleges that WJPZ-FM is "grossly failing to serve the
public interest" and the needs of Syracuse listeners. To support his
claim, Oldfield provides several of WJPZ-FM's issues/programs lists[^11]
and claims that there was "absolutely no change ... other than minor
changes in Public Service Announcements" in the programs identified on
the lists.[^12] He also provides a memo distributed in 2000 to the bus
drivers of the North Syracuse Central School District. The memo directed
that WJPZ-FM not be played on school buses because of its "inappropriate
subject matter."[^13] Oldfield claims that this memo provides further
evidence that the station is "grossly failing to serve the public
interest."[^14] The evidence provided does not warrant further inquiry
regarding whether or not WJPZ-FM served the needs and interests of
Syracuse residents. The Commission rarely interferes with the
programming decisions and discretion of a licensee,[^15] and the
evidence provided does not establish that WJPZ-FM failed to serve a
public need. The similarity of the issues/programs lists over several
quarters does not indicate that WJPZ-FM failed to air programs
addressing the needs and interests of Syracuse residents. Further, one
documented, but isolated, instance of dissatisfaction with some
unspecified station programming more than six years ago does not
indicate that the station failed to serve the needs of Syracuse
residents over the eight-year license term.[^16]

Oldfield's final allegation is that WJPZ-FM is operating as a
"quasi-commercial" station on a frequency assigned for noncommercial
purposes. It is unclear exactly what Oldfield means by this claim.
Moreover, Oldfield provides no evidence to support this claim apart from
a quote attributed to an unnamed source affiliated with the station who
referred to WJPZ-FM as a "commercial radio station."[^17] This
unsupported allegation warrants no further inquiry.

*Conclusion/Actions.* We find that Oldfield's Petition contains neither
adequate nor specific factual allegations sufficient to warrant further
inquiry regarding renewal of WJPZ-FM's license.[^18] Furthermore,
pursuant to Section 309(k) of the Act, we find that (1) Station WJPZ-FM
has served the public interest, convenience, and necessity during the
subject license term; (2) there have been no serious violations of the
Act or Rules; and (3) there have been no other violations which, taken
together,

constitute a pattern of abuse. Accordingly, the May 1, 2006, Petition to
Deny from John V. Oldfield IS

DENIED and the application (File No. BRED-20060201AZD) of WJPZ Radio,
Inc., for renewal of the license for Station WJPZ-FM, Syracuse, New
York, IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: M. Scott Johnson, Esq.

[^1]: The license renewal application was timely filed on February 1,
    2006.

[^2]: An Opposition to the Petition to Deny was filed on May 31, 2006,
    by counsel for WPJZ Radio, Inc.

[^3]: 47 U.S.C. § 309(k).

[^4]: 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as
    described by Section 204(a) of the Telecommunications Act of 1996,
    Pub. L. No. 104-104, 110 Stat. 56 (1996). *See Implementation of
    Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^5]: Non-commercial educational stations are required to maintain a
    public inspection file under 47 C.F.R. § 73.3527.

[^6]: 47 C.F.R. §73.3527(c).

[^7]: *See Area Christian Television, Inc.*, 60 RR 2d 862 (1986).

[^8]: *See* FCC Form 303-S, Application for Renewal of Broadcast Station
    License.

[^9]: *See*, e.g., *Letter to Michael A. Stanton, President, Southeast
    University Neighborhood Association (SEUNA)*, June 28, 2005, and
    *Letter to Mark Van Bergh regarding WAER, Syracuse University,
    Syracuse, New York*, March 3, 2005.

[^10]: *Id.*

[^11]: Attached to the *Petition* as appendices are Quarterly Issues
    Reports for October 1, 2004 -- December 31, 2004; October 1, 2005 --
    December 31, 2005; April 1, 2003 -- June 30, 2003; and July 1, 2004
    -- September 30, 2004. Non-commercial educational stations are
    required to furnish a list of programs that have provided the
    station's most significant treatment of community issues during the
    preceding three-month period under 47 C.F.R. § 73.3527(e)(8).

[^12]: *Petition* at 4.

[^13]: *Petition* at 5.

[^14]: *Petition* at 6.

[^15]: *See* 47 U.S.C. § 326, which prohibits the Commission from
    interfering with the right of free speech of broadcast licensees.

[^16]: *See In re License Renewal Applications of Certain Commercial
    Radio Stations Serving Philadelphia, Pennsylvania*, 8 FCC Rcd 6400
    (1993) (Though licensees may not have addressed every problem
    petitioners view as important, petitioners claims insufficient to
    show that licensee's programming decisions ignored the needs of any
    substantial segment of the community).

[^17]: *Petition* at 6.

[^18]: 47 C.F.R. § 73.3584.