******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Hull Broadcasting, Inc.          )
                                )    File No.:  EB-04-OHS-055
Licensee of  Stations KBGL(FM),  )
Larned, Kansas and KFIX(FM),     )
Plainville, Kansas               )
                                )
Request for Waiver of Section    )
11.51(j) of the Commission's 
Rules


                              ORDER

  
 Adopted:  August 26, 2004              Released:  August 27, 
2004

By the Director, Office of Homeland Security, Enforcement Bureau

      1.          In this Order, we deny Hull Broadcasting, 
Inc.'s (Hull) request for a waiver of section 11.51(j) of the 
Commission's Rules (Rules).1  Section 11.51(j) of the Rules 
allows stations that are co-owned and co-located to share one set 
of Emergency Alert System (EAS) equipment, rather than requiring 
each station to purchase and install the equipment.2   The Rules 
do not contemplate stations that are co-located, but not co-
owned, sharing EAS equipment. 

      2.           On May 4, 2004, Hull filed a request for a 
waiver of section 11.51(j) of the Rules for stations KBGL(FM), 
Larned, Kansas and KFIX(FM), Plainville, Kansas.3   Hull seeks a 
waiver to share the use of the EAS equipment with co-located 
stations owned by a separate entity, Eagle Communications, Inc. 
(Eagle).   Hull states that the studios of KBGL(FM) are located 
in Great Bend, Kansas, in the same building as the studios for 
three stations licensed to Eagle.  Similarly, the studios of 
KFIX(FM) are located in Hays, Kansas, in the same location as 
other stations owned by Eagle.  Therefore, Hull seeks a waiver of 
section 11.51(j) of the Rules so that stations, KBGL(FM) and 
KFIX(FM), may share use of the Eagle stations' EAS equipment.   
Hull argues that the joint use of a single EAS unit at each 
location will promote efficient performance of the EAS 
monitoring, testing and alert functions at each location.  On 
August 3, 2004, Hull stated that both stations have their own EAS 
equipment installed at each location.4 

      3.           In its request for a waiver, Hull acknowledges 
that under section 11.51(j) of the Rules, if stations are co-
located but not co-owned, then each station must have its own EAS 
unit.  In order for a waiver of our Rules to be granted, good 
cause must be shown.5  We are not persuaded by Hull's argument 
that sharing one EAS unit is more efficient.  On the contrary, 
the efficient deployment of an EAS message depends to a certain 
degree on system redundancies.  Moreover, Hull's waiver request 
does not identify any unique circumstances that exist or provide 
other information sufficient to justify such a request.  In fact, 
Hull's argument regarding efficiency might be invoked by many 
other stations that are co-located but not co-owned.6  Therefore, 
we find that Hull is in fact seeking a permanent rule change, 
which is inappropriate in the form of a waiver request.7  
Accordingly, we find that Hull's request should be denied.  
Finally, because Hull has already installed EAS equipment, there 
is no need for a temporary waiver.   

      4.              Accordingly, IT IS ORDERED that, pursuant 
to Sections 0.111, 0.204(b), 0.311 of the Rules,8 Hull 
Broadcasting, Inc.'s request for waiver of Section 11.51(j) of 
the Rules, IS DENIED.

      5.               IT IS FURTHER ORDERED that a copy of this 
Order shall be sent by Certified Mail Return Receipt Requested to 
counsel for Hull Broadcasting, Inc., Matthew H. McCormick, Reddy, 
Begley & McCormick, LLP, Suite 610, 1156 15th Street, N.W., 
Washington, D.C.  20005-1770.

                         FEDERAL COMMUNICATIONS COMMISSION



                         James A. Dailey
                         Director, Office of Homeland Security
                         Enforcement Bureau  
                     




_________________________

1 47 C.F.R. § 11.51(j).
2 See id.
3 Letter from Matthew H. McCormick, Counsel for Hull 
Broadcasting, Inc. (filed May 4, 2004).
4 Email from Matthew H. McCormick, Counsel for Hull Broadcasting, 
Inc. (Aug. 3, 2004) (providing supplemental information in 
response to Commission staff inquiry).
5 See 47 C.F.R. § 1.3 (``Any provision of the rules may be waived 
by the Commission on its own motion or by petition if good cause 
therefore is shown.").  See also WAIT Radio v. FCC, 418 F.2d 
1153, 1157 (D.C. Cir. 1969) (finding that a waiver is appropriate 
only if special circumstances warrant a deviation from the 
general rule and such deviation will serve the public interest).
6 See Applications of Empire State Broadcasting Corporation 
(WWKB) Buffalo, New York For Renewal of License Bursam 
Communications Corporation (WTHE) For Construction Permit, MM 
Docket No. 87-110, 4 FCC Rcd 7008, 7017, para. 63 (1989) 
(Empire). 
7 See Empire, 4 FCC Rcd at 7017, para. 63 (``[R]esolution of this 
broad policy dispute properly belongs in a rule making 
proceeding, not a waiver request.'').  See also Request of 
W.A.T.C.H. TV and Benton Ridge Telephone Co. for a Waiver of 
Section 11.11(a) of the Commission's Rules, EB-02-TS-510, Order, 
17 FCC Rcd 18329, 18331, para. 4 (Enforcement Bur. 2003); Request 
of Craig Wireless Honolulu Inc for a Waiver of Section 11.11(a) 
of the Commission's Rules, EB-03-TS-101, Order, 18 FCC Rcd 20099, 
20100-01, paras. 4-5 (Enforcement Bur. 2003).
8 47 C.F.R. §§ 0.111, 0.204(b), 0.311.