FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, DC 20554

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In reply refer to:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800B2-JBS

October 10, 1996

Radio Frequency Development Corporation (RFDC)
415 North College Street
Greenville, Alabama 36037


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In re: RFDC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NEW, Fairhope, AL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BP- 960509AC

Dear Applicant:

This is in reference to the above-captioned application for a new station in Fairhope, Alabama, and the July 2, 1996 amendment to modify the nighttime directional antenna pattern.

A preliminary review of the application as amended, has revealed that the proposed 0.005 mV/m daytime groundwave contour will overlap the 0.1 mV/m daytime groundwave contour of the protected Class A co-channel station CMBV, Wajay, Havana, Cuba over Cuban territory. In addition, the proposed interfering nighttime skywave contour exceeds the permissible 26 dB ratio to the protected CMBV 0.5 mV/m skywave contour over Cuban territory. Because CMBV is on the Master Register, and has been accepted by the International Frequency Registration Board of the International Telecommunications Union, it must be fully protected in accordance with International Radio Regulations. Accordingly, both the daytime and nighttime interference areas mentioned above constitute violations of the applicable Rules of Procedure of the International Telecommunications Union.

Accordingly, and under Section 73.3566 of the Commission's Rules, the application (File No. 960509AC) IS HEREBY RETURNED as unacceptable for filing. Two copies of the application are being retained by the Commission.

In the Public Notice entitled "Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications", FCC 84-366, released August 2, 1984, the Commission indicated that it would reinstate applications nunc pro tunc where the original application was dismissed and where a relatively minor curative amendment was filed in conjunction with a petition for reconsideration within 30 days of the date of the dismissal. Any amendment filed later than 30 days will be returned as untimely. See 47 U.S.C. § 405, 47 C.F.R. § 1.106(f). In this regard, it should be emphasized that the above deficiencies were discerned after a preliminary study of the application. See footnote 1. A detailed review was not made of the entire application to determine whether other deficiencies exist which would preclude acceptance for filing or result in a subsequent dismissal. Inasmuch as the applicant will not be afforded a second opportunity to correct another deficiency, I would urge that the applicant carefully review the entire application. Any questions regarding the necessary protection requirements for foreign stations should be directed to the International Bureau, Notifications Branch, at (202) 418-2141.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sincerely,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dennis Williams
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant Chief
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audio Services Division
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass Media Bureau


cc: Virgle Leon Strickland

Footnote

Footnote 1 The site coordinates were not included on Exhibit E, Figure 13 and Figure 16. In addition, Exhibit E, Figure 19 indicates the Nighttime Interference Free (NIF) contour as 12.77 mV/m while our calculations revealed a value of 9.94 mV/m.