**DA 02-1562**

# July 2, 2002

**NOTIFICATION OF ADDITIONAL COMMENT DEADLINE ON POTENTIAL MITIGATION
MEASURES RELATING TO PROPOSED BROADCAST TOWER FOR FORDHAM UNIVERSITY
STATION WFUV(FM), BRONX, NEW YORK**

On April 16, 2002, Fordham University ("Fordham"), Licensee of Station
WFUV(FM), Bronx, New York, (Facility ID No. 22033) submitted an
amendment to its May 1995 Environmental Assessment ("EA") regarding the
effects of WFUV(FM)'s proposed radio transmission tower on the nearby
New York Botanical Garden (the "Garden"). Additionally, on June 27,
2002, the staff of the Federal Communications Commission chaired two
open meetings seeking public comment regarding alternatives to, and
mitigation measures at, the proposed WFUV(FM) tower site adjacent to the
New York Botanical Garden. The amended EA, summarizing alternative tower
sites investigated since the filing of the EA in May of 1995, and the
open forum were undertaken in accordance with procedures set forth in a
March 12, 2002, letter from Roy J. Stewart, Chief, Mass Media Bureau.
The original EA and the April 16, 2002 amendment are available for
viewing at the WFUV(FM) Public Inspection File located at the WFUV(FM)
main studio in Keating Hall, Fordham University, Bronx, New York 10458.
The documents are also available for review at the Reference Information
Center, Federal Communications Commission, Room CY-A257, 445 12^th^
Street, S.W., Washington, D.C. 20554.

The Commission staff will reconvene a formal consultation session with
Fordham, the Garden, the New York State Historic Preservation Officer,
the Advisory Council on Historic Preservation, and other Consulting
Parties on August 14, 2002. Pursuant to the protocol adopted at the
initial consultation session and memorialized in Mr. Stewart's March 12,
2002 letter, this *Public Notice* provides an additional opportunity for
comment on alternatives to, and mitigation measures at, the proposed
WFUV(FM) tower site. Comments must be filed with the Commission's Office
of the Secretary within 30 days of the date of this *Public Notice*. A
copy of any comments filed must be served on each of the parties listed
on Attachment A to this *Public Notice*. These parties have been
designated or have requested the status of consulting parties.
Commenters are also requested to provide an additional copy by hand
delivery or facsimile to Peter H. Doyle, Chief, Audio Division, Office
of Broadcast License Policy, Media Bureau, Federal Communications
Commission, Room 2-A360, Washington, D.C. 20554, Facsimile No. (202)
418-1411. Any commenter proposing an alternative site is requested to
demonstrate that such site would be both accessible and immediately
available for location of a broadcast tower, constitute a "feasible and
prudent" alternate site, and meet the Commission's technical standards
for noncommercial educational stations. For further information, please
contact Michael Wagner, (202) 418-2700.

Action by the Chief, Audio Division, Media Bureau

\--FCC\--

**ATTACHMENT A**

**CONSULTING PARTIES AND ENTITES REQUESTING CONSULTING PARTY STATUS**

Margot Polivy, Esq.

Renouf & Polivy

1532 Sixteenth Street, N.W.

Washington, D.C. 20036

Jeffrey Olson, Esq.

Douglas Melcher, Esq.

Paul, Weiss, Rifkind, Wharton & Garrison

1615 L Street, N.W.

Washington, D.C. 20036-5694

Rev. Joseph O'Hare, President

Fordham University

1532 16^th^ Street, N.W.

Bronx, NY 10458

Gregory Long, President

New York Botanical Garden

200^th^ Street and Southern Boulevard

Bronx, NY 10458

Ms. Bernadette Castro

New York State Office of Parks, Recreation, & Historic Preservation

The Governor Nelson A. Rockefeller Empire State Plaza

Agency Building 1

Albany, NY 12238-4492

Don Klima

Advisory Council on Historic Preservation

1100 Pennsylvania Avenue, N.W.

Washington, D.C. 20005

Elizabeth S. Merritt, Esq., Associate General Counsel

Autumn Rierson, Esq.

National Trust for Historic Preservation

1785 Massachusetts Avenue, N.W.

Washington, D.C. 200036

Ms. Ruth L. Pierpont, Director

Bureau of Field Services

NY State Parks, Rec. & Hist. Pres.

Peebles Island PO 189

Waterford, NY 12188-0189

Mr. Frank Sanchis

Ms. Jane Rudofsky

The Municipal Art Society of New York

457 Madison Avenue

New York, New York 10022

Marjorie Flannigan MacLachlan, Esq.

New York Landmarks Conservancy

141 Fifth Avenue

New York, New York 10010

Mr. Thomas E. Lovejoy

Counselor to the Secretary for Biodiversity and Environmental Affairs

Smithsonian Institution

1000 Jefferson Drive, S.W., Suite 317

Washington, D.C. 20560

Mr. Scott Heyl, President

Preservation League of New York State

44 Central Avenue

Albany, New York 12206

Stephen L. Salyer, President/CEO

Public Radio International

Suite 900A, 100 North Sixth Street

Minneapolis, MN 55043

Sherida E. Paulsen, Chair

New York City Landmarks Preservation Commission

Municipal Building, 9^th^ Floor

1 Centre Street, New York, NY 10007

Neal A. Jackson

Vice President for Legal Affairs and General Counsel

National Public Radio

635 Massachusetts Avenue, N.W.

Washington, D.C. 20001-3752

Joseph A. Reilly, President

New York State Broadcasters Association

1805 Western Avenue

Albany, NY 12203

Betsy Gotbaum

Public Advocate for the City of New York

1 Centre Street

New York, New York 10007

Hon. Adolfo Carrión Jr., Borough President

The Bronx County Building

851 Grand Concourse

Bronx, NY 10451

Tom Livingston

Eastern Public Radio

10807 Main Street, Suite 200

Fairfax, VA 22030

Ms. Sue Ellen Wooldridge, Deputy Chief of Staff

Hon. Gale Norton, Secretary

United States Department of the Interior

1849 C Street, N.W.

Washington, D.C. 20240

Katherine Stephenson, Associate Director

Cultural Resources Stewardship and Partnerships

National Park Service

P.O. Box 37127-7127

Washington, D.C. 20013-7127

Ms. Marie Rust

Regional Director, Northeast Region

National Park Service

200 Chestnut Street, Fifth Floor

Philadelphia, PA 19106

Mr. William Bolger

National Park Service

200 Chestnut Street, Third Floor

Philadelphia, PA 19106

Mr. James Moogan, Assistant Deputy Commissioner of Parks

New York City Parks Region

163 West 125^th^ Street, 17^th^ Floor

New York, NY 10027