DA 02-1012

May 2, 2002

**NOTIFICATION OF COMMENT DEADLINE ON AMENDED ENVIRONMENTAL ASSESSMENT;
FORDHAM UNIVERSITY CONSTRUCTION PERMIT FOR MODIFICATION OF WFUV(FM),
BRONX, NEW YORK**

On April 16, 2002, Fordham University, 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 amended EA, which was filed in accordance with
procedures set forth in a March 12, 2002, letter from Roy J. Stewart,
Chief, Mass Media Bureau, summarizes alternative tower sites
investigated since the filing of the EA in May of 1995. It also proposes
that a pending modification application (File No. BPED-2001-216AAZ),
which would reduce the tower height from 480 feet to 380 feet, be
formally accepted as a mitigation measure.

The 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. Comments on the EA and amendment
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. Comments are requested on
mitigation measures proposed for the current site and on alternative
sites. 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,[^1] 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, Office of Broadcast License Policy,
Media Bureau

**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

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

[^1]: *Communities, Inc. v. Busey*, 956 F. 2d 619, 625 (6^th^ Cir.
    1992), *cert. denied,* 506 U.S. 953 (agency must consider "feasible
    and prudent" alternatives under the National Historic Preservation
    Act).