Robert J. Kern, President

TLP Communications, Inc.

516 Stedman Street

Ketchikan, AK 99901

John Joseph McVeigh, Esq.

16230 Falls Road, P.O. Box 128

Butler, MD 21023-0128

John Wells King, Esq.

Garvey Schubert Barer

1000 Potomac Street, N.W.

Washington, D.C. 20007-3501

> In re: **KINY(AM), Juneau, Alaska**

Facility ID No. 823

File No. BAL-20080606AEY

**KSUP(FM), Juneau, Alaska**

Facility ID No. 820

File No. BALH-20080606AEZ

> **K278AC, Kake, Alaska**

Facility ID No. 824

File No. BALFT-20080606AFA

**K279AF, Haines & Skagway, Alaska**

Facility ID No. 82616

File No. BALFT-20080606AFB

**K280DX, Angoon, Alaska**

Facility ID No. 821

File No. BALFT-20080606AFC

**K280ED, Hoonah, Alaska**

Facility ID No. 777

File No. BALFT-20080606AFD

**K284AM, Skagway, Alaska**

Facility ID No. 137761

File No. BALFT-20080606AFE

**K300AB, Juneau, Alaska**

Facility ID No. 822

File No. BALFT-20080606AFF

> **Application for Assignment of Licenses**

**Informal Objection**

Dear Mr. Kern and Counsel:

We have before us the above-referenced application (the "Assignment
Application") seeking approval for the proposed assignment of licenses
of Station KINY(AM), Juneau, Alaska; Station KSUP(FM), Juneau, Alaska;
and associated Translator Stations K278AC, Kake, Alaska; K279AF, Haines
and Skagway, Alaska; K280DX, Angoon, Alaska; K280ED, Hoonah, Alaska;
K284AM, Skagway, Alaska; and K300AB, Juneau, Alaska (collectively, the
"Stations"), from Alaska-Juneau Communications, Inc. ("AJCI") to Juneau
Alaska Communications, LLC ("JAC"). On July 17, 2008, TLP
Communications, Inc. ("TLP") filed an Informal Objection to the
Assignment Application.[^1] For the reasons stated below, we deny the
Informal Objection and grant the Assignment Application.

**Background.** On July 21, 2008, the staff granted the Assignment
Application. The grant was placed on Public Notice on July 24, 2008.[^2]
Subsequently, the staff received TLP's Informal Objection, which had
been filed on July 17, 2008, and rescinded the grant on August 13, 2008.
The rescission action was placed on Public Notice on August 18,
2008.[^3]

**Discussion.** In the Informal Objection, TLP first alleges that grant
of the Assignment Application would result in JAC having a "monopoly" on
the ownership of radio stations in Juneau, which "cannot be good for the
people of Juneau or Southeast Alaska."[^4] The remainder of the Informal
Objection concerns matters relating to other broadcast stations in which
JAC has an ownership interest, but are not included in the instant
Assignment Application. In particular, TLP states that it had filed an
objection to the renewal of Stations KGTW(FM), Ketchikan, Alaska, and
KTKN(AM), Ketchikan, Alaska, alleging that JAC had incorrectly certified
that there had been no violations during the renewal term and
incorrectly certified as to the operational status of two translator
stations. TLP also alleges that Station KTKN(AM) improperly broadcast
lottery information. Finally, the Informal Objection states that "it is
my understanding" that Station KTKN(AM) has not properly discharged its
Emergency Alert System ("EAS") responsibilities, and that unidentified
"informed sources" have made similar accusations concerning Station
KIFW(AM), Sitka, Alaska.[^5]

*Multiple Ownership.* Neither Station KINY(AM) nor KSUP(FM) is in an
Arbitron Metro Survey Area. To determine whether a proposed transaction
complies with the local radio ownership rule where the transaction
involves a geographic area that is not part of a radio market as defined
by Arbitron, the Commission has explained that it will continue to apply
its contour overlap methodology, with certain modifications, while it
seeks comment on alternative methodologies for defining non-Arbitron
markets.[^6] Under the interim contour overlap methodology, the relevant
radio markets in this transaction are defined by the area encompassed by
the mutually overlapping principal community contours of the stations
proposed to be commonly owned by JAC. The number of stations in those
markets is calculated by counting the stations to be commonly owned, as
well as all full-power AM and FM stations located within 92 kilometers
of the common overlap area whose principal community contours overlap
any portion of the relevant contours.

Applying the interim contour overlap methodology, staff review confirms
that the proposed transaction would be in compliance with the numerical
limits of the local radio ownership rule. In the subject market, JAC
would own two FM stations[^7] and two AM stations.[^8] Staff analysis
establishes that there are eight radio stations in this market. Under
Section 73.3555(a)(1)(iv) of the Commission's rules,[^9] in a radio
market with 14 or fewer full-power, commercial and noncommercial
educational radio stations, a person may have a cognizable interest in
licenses for AM or FM radio broadcast stations for not more than five
commercial stations in total, and not more than three commercial
stations in the same service (AM or FM), provided however, that no
single entity may have a cognizable interest in more than 50 percent of
the full-power, commercial and noncommercial radio stations in such
market, unless the combination of stations comprises not more than one
AM and one FM station. Accordingly, within the subject market, JAC's
post-transaction ownership is fully compliant with the ownership limits
permitted under Section 73.3555(a)(1)(iv) of the rules.

*Renewal Application Allegations.* The allegations raised by TLP against
JAC's renewal application for Station KGTW(FM) and Station KTKN(AM) were
considered by the Commission staff and addressed in a decision letter
("Renewal Decision") issued on September 26, 2008.[^10] The Renewal
Decision: (1) denied TLP's objection to the renewal application; (2)
admonished JAC for false certifications made in its renewal application
that were found to be unintentional; (3) determined that there was no
need for further inquiry and concluded that that there was no evidence
of serious violations of the Communications Act of 1934, as amended, or
the Commission's rules; and (4) granted the renewal application. We
find, accordingly, that TLP's repetition of these allegations in this
application proceeding does not raise a substantial and material
question of fact concerning JAC's qualifications to be licensee of the
Stations.

*Lottery Broadcast Allegation.* The Informal Objection notes that TLP
had previously filed a complaint with the Commission concerning Station
KTKN(AM)'s alleged improper broadcast of lottery information. As
acknowledged in the Informal Objection, the Commission's Enforcement
Bureau initiated an inquiry, investigated the matter, and then "wrote me
later saying that the non-profit had a state gaming permit and the
station was not in violation of FCC gaming and lottery
regulations."[^11] We find, accordingly, that this matter is now final
and the allegation does not raise a substantial and material question of
fact concerning JAC's qualifications to be licensee of the Stations.

*EAS Allegations.* In response to TLP's unsupported allegations
concerning EAS operations at Station KTKN(AM) and Station KIFW(AM), JAC
provides the sworn Declaration of Richard Burns, its Group CEO, as well
as supporting documentation[^12] demonstrating that both stations have
fulfilled their EAS obligations. We find, accordingly, that TLP's
allegations on this issue do not raise a substantial and material
question of fact concerning JAC's qualifications to be licensee of the
Stations.

**Conclusion/Actions**. Based on the above, we find that TLP has not
raised a substantial and material question of fact warranting further
inquiry and that none of the allegations demonstrate that grant of the
Assignment Application would be inconsistent with the public interest.
We further find that JAC is qualified to hold the Station KINY(AM) and
Station KSUP(FM) licenses, as well as the six associated Translator
Station licenses, and that grant of the Assignment Application is
consistent with the public interest, convenience and necessity.
Accordingly, IT IS ORDERED, that the Informal Objection filed by TLP
Communications, Inc. IS DENIED, and that the application for approval to
assign the licenses for Station KINY(AM), Juneau, Alaska (File No.
BAL-20080606AEY); Station KSUP(FM), Juneau, Alaska (File No.
BALH-20080606AEZ); and Translator Stations K278AC, Kake, Alaska (File
No. BALFT-20080606AFA); K279AF, Haines and Skagway, Alaska (File No.
BALFT-20080606AFB); K280DX, Angoon, Alaska (File No. BALFT-20080606AFC);
K280ED, Hoonah, Alaska (File No. BALFT-20080606AFD); K284AM, Skagway,
Alaska (File No. BALFT-20080606AFE); and K300AB, Juneau, Alaska (File
No. BALFT-20080606AFF) from Alaska-Juneau Communications, Inc. to Juneau
Alaska Communications, LLC IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: On August 29, 2008, AJCI filed an Opposition and JAC filed a
    Response to Informal Objection.

[^2]: *See Broadcast Applications*, Public Notice, Report No. 46785 (MB
    Jul. 24, 2008).

[^3]: *See Broadcast Applications*, Public Notice, Report No. 26802 (MB
    Aug. 18, 2008).

[^4]: Informal Objection at 3.

[^5]: *Id.* at 2.

[^6]: *See 2002 Biennial Regulatory Review---Review of the Commission's
    Broadcast Ownership Rules and Other Rules Adopted Pursuant to
    Section 202 of the Telecommunications Act of 1996,* Report and Order
    and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13870-73
    (2003).

[^7]: These stations are KSUP(FM) and KTKU(FM), Juneau, Alaska.

[^8]: These stations are KINY(AM) and KJNO(AM), Juneau, Alaska.

[^9]: 47 C.F.R. § 73.3555(a)(1)(iv).

[^10]: *See Robert J. Kern,* Letter, DA 08-2156 (MB Sept. 26, 2008).

[^11]: Informal Objection at 2.

[^12]: *See* JAC's Response to Informal Objection.