Resolution 405-1989
...-~
Division of Public Safety
RESOLUTION NO. 405-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE EXPENDITURE OF NOT MORE THAN $2,250
TO PHASE I COMMUNICATIONS TO REVIEW
ENGINEERING PREVIOUSLY PREPARED ON BEHALF OF
THE COUNTY IN CONNECTION WITH A SUCCESSFUL
PETITION FOR RECONSIDERATION OF THE RETURN OF
THE CHANNEL 49 APPLICATION; PAYABLE UPON
COMPLETION OF SAID REVIEW.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby authorizes the
expenditure of not more than $2,250 to Phase I Communications to
review engineering previously prepared on behalf of the County in
connection with a successful petition for reconsideration of the
return of the Channel 49 application which was filed last year;
payable upon completion of said review.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the ~ day of
J tUI ....
, 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
/IlI~41~
Mayor/Chairman
(SEAL)
Attest : DANNY L. KOLJ;lAGE, Clerk
~~&./
tfl
APPR E" S,. ,cORM
AfID"t" '~
BY 0.61.
Nti)ffWY'. "lICe
0\
If)
N
IS:
\Q
I
--l
=:J
-:)
, '
J ,::~.
. ~. '-.)
,-~ c:::
:z:
C'::, 0
:I:
c
LL
__..1
0\
~
LL
ROSENMAN & COLIN
1300 19TH STREET, N,W"WASHINGTON, D,C- 20036
TELEPHONE (202) 463,7177
TELECOPIER (202) 429-0046
NEW YORK OFFICE
575 MADISON AVENUE
NEW YORK, NY 10022 - ZS8S
TE~EPHONE (ZIZ) &40,8800
SAMUEL I. ROSENMAN (1896-1973)
RALPH f. COLIN (1900-1985)
June 9, 1989
via FACSIMILE
1...-
Lucien C. Proby, Jr., Esq.
500 Fleming street
Key West, FL 33040
~i.,: :
Re: Monroe County Translators
Dear Lucien:
As we discussed today, Carter Broadcasting Corporation,
licensee of the low power television station on Channel 34 at Key
West, has agreed to work with Monroe County in an effort to re-
solve the predicted interference situation between Carter's LPTV
station and the County's Channel 49 translator at Key West.
As you know, we were able to get the FCC to remove the
County's pending Channel 49 application for Dredger Key from a
proposed lottery with Carter's pending application to increase
Channel 34's power. Had Monroe County lost the lottery, the
consequences could have been dire since Channel 49 has been oper-
ating pursuant to Special Temporary Authority ("STA") with the
facilities proposed in the pending application for a number of
years. A lottery loss for Monroe County would have effectively
ended the STA. Moreover, the County would most likely have had
to await the next "filing window," which hasn't even been set by
the FCC, in order to request any new channel for the station, if
one could have been found.
We have requested Carter's consulting engineer, Chip Vega of
Phase I Communications in Oviedo, Florida, to review engineering
previously prepared on behalf of the County in connection with a
sucessful petition for reconsideration of the return of the Chan-
nel 49 application, which we filed last year. Based on that
engineering, we hope to be able to resolve the situation with
Carter and request the FCC to grant both applications, if feas-
ible.
As you also know, I recently received a telephone call from
Mr. Vega about this matter. He informed me that Carter will
allow him to review Monroe County's proposal, on its behalf, but
Lucien C. Proby, Jr., Esq.
June 9, 1989
Page 2
does not wish to incur Mr. Vega's related professional fees,
which he told me would be approximately $2,250.00. In other
words, Carter will cooperate if Monroe County picks up the tab.
If the matter is not resolved by the parties, the FCC will
schedule another lottery. Essentially, Mr. Vega explained to me
that Carter is willing to risk a lottery loss since the proposed
Channel 34 power increase is not essential to Carter. Since
Monroe County apparently has much more to lose, we recommend that
the County pay Mr. Vega's fees for helping us to resolve the
matter in a manner acceptable to the FCC.
The sooner we can take care of this, the better. Hence,
please get back to Howie or me as soon as possible with instruc-
tions.
Be sure to call if you, or any of the other recipients of
this letter, have any questions.
Best regards.
Sincerely,
Isl
Diane L. Mooney
cc: Henry Naubereit
Frank Shortman
J. Reginald Paros
Randy Ludacer, Esq.
DLM/kdp