REC Recommended MX Settlement Plan for Tucson

On its own action, REC Networks has performed an analysis of the Tucson area.  Arizona is one of REC’s original “areas of interest” since the first LPFM filing window in 2000. 

REC has identified three MX groups within the Tucson area along with their local community presence dates:

REC GROUP #22 – 99.1 MHz
191755 – Tohono O’odham Nation (TON) – San Xavier, AZ (1950)
192158 – LPFM Downtown Tucson (Downtown) (3/2011)
194416 – Iglesia Centro de Sanidad (Iglesia) (9/2011)

REC GROUP #89 – 99.9 MHz
196358 – Message Radio of Tucson (Message) (2009)
192507 – Global Change Multi-Media (Global) (8/2011)

REC GROUP #209 – 93.3 MHz
193661 – Luz y Vida Para la Familia (Luz) (1957)
196476 – Hector Youtsey (PYT) (1978)
196702 – Stop Abortion.Org, Inc. (Stop) (2011)
197567 – Xerocraft, Inc. (Xerocraft) (2012)

The only singleton application was Facility ID 196012 for Tucson Hispanic Education Family Fundation on 96.7.  This application appeared on REC’s Applications of Concern list and was a part of the REC Informal Objection against the applications filed by Antonio Cesar Guel.  On December 4, 2013, the FCC dismissed this application for being short spaced to a translator that eventually filed a post 6/17/2013 amendment.  The pre-6/17/2013 facility remains protected.

Of all of the MX applications filed, Xenocraft is the only applicant that has 4 points. All other applicants are tied with 5 points and will become tentative selectees in their respective groups.  This applicant has no alternate channels that can be filed as a minor modification.  This applicant will not be considered a tentative selectee and would be dismissed.

REC has evaluated the following alternate channels for the Tucson area. 

90.1
This channel is properly spaced for all applicants except TON.  This channel is second adjacent channel short spaced to KUAT on 90.5 and to translator K209AF (a translator for KUAT) on 89.7.  The translator was originally authorized for 38 watts at 167m HAAT.  On July 10, 2013, K209AF requested a change to 250 watts at 172m HAAT with a directional antenna to the north.  This was granted on November 25, 2013.  Because of the original facility, many of the MX applicants would have very high overlap zones.  The new 60dBu contour for the translator only overlaps PYT and Message.  All other applicants would only need to protect KUAT but will still need to put in a second adjacent showing that while short spaced to K209AF, there is no contour overlap.

91.7
This channel is second adjacent channel short spaced to KXCI Tucson and KFMA Green Valley, both located at different mountaintops.  This channel is available to all applicants except Stop and TON.  Due to the locations of the two second adjacent stations compared to other Tucson area stations, the overlap zones would make this channel unusable for any of the MX applicants and will not be considered for any applicants.

95.7
This would a prime alternate channel in Tucson.  It is short spaced to KLPX and is available to all applicants except Stop.  The overlap zones for this channel are considerably small.  However, the original 2003 application for CSN International specified middle-tier translator faciltiies that would have eliminated this channel for LPFM use.  This channel is only showing in systems due to CSN's subsequently filed amendments and the elimination of their original facility in the FCC's systems as a "current" record.  The current proposed facility was recently dismissed due a Mexico issue but is currently under reconsideration.  If granted, this would be a lower-tier translator that would still eliminate the channel from the Tucson area.  If the reconsideration is denied, there's a possibility this channel could come back into contention for LPFM use in Tucson.  For now, we will consider this channel unavailable.

100.7
This is another prime alternate channel. It is second adjacent short spaced to KKYZ, Sierra Vista and has small overlap zones, not as small as 95.7 though.  This channel is available to all applicants except TON and Message.  For Stop, this channel is in a predicted interference area due to a nearby third-adjacent channel translator input and we would not recommend that channel for them. 

102.5
This channel is second adjacent channel short spaced to KCMT, Oro Valley.  This channel is only available to TON. 

REC notes that an application has been filed in Group 209 for “Hector Youtsey”.  This application is actually for the Pascua Yaqui Tribe.  PYT is the licensee of KPYT-LP and this would be their second LPFM station.  The FCC has already stated that if an application is accidently filed with a personal name, they will keep it active if it is clear that the application was filed by an organization.  The applicant can amend their application to correct the discrepancy. 

Despite some statements made, there are not enough channels in the Tucson area for each of the 8 remaining MX applicants to be able to move to for full time (24 hour) operation.   The FCC will not allow applicants to create new MX groups or add to existing MX groups in order to settle.

REC will pool the applicants based on their establishment dates and our suggestions will be influenced as such.

• 1/1/1950 – TON
• 12/31/1957 – Luz
• 9/19/1978 – PYT
• 8/27/2009 – Message
• 3/1/2011 – Stop
• 3/22/2011 – Downtown
• 8/9/2011 – Global
• 9/2/2011 – Iglesia

GROUP 22 – 99.1 MHz
REC recommends a universal settlement where TON will change to 102.5.  Downtown and Iglesia will share time on 99.1.  The combination of Downtown and Iglesia had the shortest amount of combined local community presence compared to the other possible time share combinations.  

GROUP 89 – 99.9 MHz
REC recommends that both Message and Global remain on 99.9 and work out a time share agreement. 

GROUP 209 – 93.3 MHz
REC recommends that Luz would remain on 93.3.  PYT would move to 100.7 (this channel was chosen due to the close proximity to co-owned KPYT-LP on 100.3).  Stop would move to 90.1.  Xerocraft would get dismissed on points.

The following list shows all of the applicants in the Tucson area and the proposed channels recommended by REC Networks:

Of course, these recommendations are just that, recommendations. They are in no way legally binding but we feel that this is a fair way to reach a multi-channel universal settlement for all 8 remaining MX applicants over the 6 channels in the Tucson area.

If you have any further questions, please contact REC Networks.

Prepared by:
Michi Eyre Bradley
Founder, REC Networks