FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In Reply Refer to: 1800B3-MFW October 22, 1998 Northern Rhode Island Public Radio Broadcasting 4 Canal Street Westerly, Rhode Island 02891 In re: NEW, Noncommercial Educational FM Station, Coventry, Rhode Island File No. BPED-980302MA Dear Applicant: This letter refers to the captioned application of Northern Rhode Island Public Radio Broadcasting ("NIPR") for a new noncommercial educational FM station at Coventry, Rhode Island. In order to continue processing the proposal, the staff requires additional information. (Footnote 1.) First, the Commission's Rules specifically authorize applications to "share time" with noncommercial educational FM stations that do not operate 12 hours per day each day of the year. Such applications proposing share-time operation may be filed at any time, but "in cases where the parties are unable to agree on time-sharing, action on the application will be taken only in connection with the renewal application for the existing station." 47 C.F.R. §73.561(b). NIPR's application here is timely filed and is to be considered in connection with the license renewal application of station WCVY(FM), Coventry, Rhode Island (File No. BRED-971218YA). (Footnote 2.) Nevertheless, subsections (b)(1) and (b)(2) of Section 73.561 indicate that: (1) the licensee and prospective licensee shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each; or (2) if the licensee and prospective licensee are unable to agree on a division of time, the applicant proposing share-time operation must so notify the Commission. NIPR's application contains no description of any negotiation with Coventry Rhode Island Public Schools, the WCVY(FM) licensee. NIPR must therefore submit an amendment describing in detail any negotiations with the WCVY(FM) licensee, and it must describe what, if any, agreement was reached regarding a proposed schedule of operation. Second, on May 19, 1998, NIPR filed an amendment changing its name (from "Rhode Island Public Radio, Inc." to "Northern Rhode Island Public Radio Broadcasting") and its board of directors. The amendment indicates that Steven J. Karneeb was voted off the board of directors for Rhode Island Public Radio, Inc., and then the organization "divided and formed the new corporation, Northern Rhode Island Public Radio Broadcasting." The original application specified 10 members of the applicant's governing board, four of whom were also officers of the corporation; (Footnote 3) the amendment lists only three directors for NIPR, only one of whom was listed in the original application, Christopher DiPaola. (Footnote 4.) In order for the staff to determine whether or not the May 19 amendment would be classified as a "major amendment" requiring that NIPR's proposal be assigned a new file number under Section 73.3573(b), NIPR must provide a complete listing of all officers, directors, and members of the governing board (if applicable) for NIPR. Therefore, NIPR should submit an amendment containing the entirety of Section II of FCC Form 340 for NIPR. This will enable the staff both to determine whether or not the May 19 filing constituted a major amendment and to determine whether NIPR, as opposed to Rhode Island Public Radio, Inc., is qualified to operate a noncommercial educational FM station. These amendments should be filed in triplicate with the office of the secretary and signed in the same manner as the original application. The amendments must be filed within 30 days of the date of this letter. Failure to file the requested amendments within this time frame will result in dismissal of NIPR's proposal pursuant to 47 C.F.R.§73.3568(b). Sincerely, ( Michael F. Wagner for ) Linda Blair, Chief Audio Services Division Mass Media Bureau cc: Mark A. Johnsen-Harris Coventry Rhode Island Public Schools _____________________________________ Footnotes: Footnote 1: On May 20, 1998, The Wheeler School, licensee of noncommercial educational FM station WELH-FM in Providence, Rhode Island, filed a petition to deny the Coventry application. The information requested here is independent of any response, timely or untimely, that NIPR has filed or will file relating to that petition. Footnote 2: Under 73.3615(e)(1) and 73.561(b), NIPR's share-time application was to be filed no later than the 90th day after release of the Commission public notice announcing the acceptance of the WCVY(FM) license renewal application. Public Notice was released on December 30, 1997. NIPR's filing of the subject application on Monday, March 2, 1998 is timely. See 47 C.F..R. §1.4. Footnote 3: The application lists the following principals: (1) Christopher DiPaola, President and board member; (2) Steven Joseph Karneeb, Vice-President and board member; Angela Urso, Secretary and board member; and Elaine Champlin, Treasurer and board member. It also lists the following additional members of the corporation's governing board: Richard Champlin, Thomas DiPaola, Nadine DiPaola, Samuel Urso, Vito DiPaola, and Leo Manfred. Footnote 4: The amendment states that "Northern Rhode Island Public Radio Broadcasting's directors are Francis Parisi, Vincent Buono, and Christopher DiPaola."