FCC order puts WDNP's frequency up for auction

The Federal Communications Commission has issued an order that will put the 102.3 frequency used by nonprofit community radio station WDNP in Dover up for auction.

The order, issued this week, allocates the frequency to the village of Dennison. No auction has been scheduled yet.

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The FCC decision means that WDNP will have to find a new frequency to broadcast from ‒ or go off the air.

"We have known this was going to be the likely outcome, but we know that we've got some time to figure it out," said Tod Carper, chairman of the board that operates WDNP. "So we're disappointed with the FCC's decision, but we knew it was mostly likely what would happen. So we have several alternative plans in the works. We have some time to figure out the best plan of action."

WDNP broadcasts an eclectic mix of music, ranging from rock to jazz, doo-wop, music from movies and alternative rock. It is staffed entirely by volunteers.

Proposal to create 6,000-watt FM station

The Western Radio Group, based in New Philadelphia, filed the petition with the FCC, asking that WDNP's frequency be put up for sale so the company can start a 6,000-watt FM station to serve the village of Dennison and Tuscarawas County.

"We are pleased the FCC granted the allotment, however that does not mean we were awarded the frequency," said Brian Walker, one of the owners of Western Radio Group.  "There are still additional steps before this potentially could become a reality and these steps could take months or years before the allotted channel could become an active on-air frequency (if it ever does).

"This allowance is just one step of many, and there is a long ways to go, so we are awaiting the next FCC action."

Walker and his partners, Leonard H. Dugger of Dover and Kevin Willoughby of Dennison, also own WBTC-FM (101.9) in Uhrichsville.

Walker has said there are two other frequencies ‒ 96.9 or 105.9 ‒ that WDNP could use to remain on the air as a nonprofit, but WDNP officials say the move would be prohibitively expensive and require them to rebrand their radio station.

WDNP's displacement not an issue in decision

In its order, the FCC said that the proposal complied with the commission's technical requirements.

It further noted, "Although studies were submitted regarding the potential displacement to WDNP's licensed site, it is well established that at the FM allotment stage, we do not consider the displacement or interference of secondary FM stations."

The agency said it recognized the valuable service provided by low-power FM stations, but "these facilities are secondary FM stations and (we) must protect subsequently authorized full-service stations."

The FCC is subject to a congressional directive to ensure that low-power FM stations are secondary to full-service primary FM stations, the order said. The displacement of low-power stations like WDNP is not considered a negative factor when evaluating FM allotment proposals.

The order also addressed points brought up in comments filed by WJER Radio (100.9 FM and 1450 AM) in Dover.

"While we do not dispute WJER's assertions regarding WDNP's service to the community and its training of local residents in broadcast operations, as discussed above these considerations are not applicable to the criteria established to evaluate the proposal before us," the FCC said.

WJER's comments also noted the fact that the people who own Western Radio Group are the same people who own WBTC. The FCC said that does not mandate rejection of the proposal.

"Any potential local ownership rule issues will be addressed after the allotment has been subject to competitive bidding and a construction permit application is filed," the agency said.

Comments from residents weren't considered

The request to put the 102.3 frequency up for bid stirred controversary in the area. Both New Philadelphia and Dover city councils passed resolutions in support of WDNP, and more than 50 people in the area submitted comments to the FCC about the proposal, including Dover Mayor Shane Gunnoe, then interim mayor, and Karie McCrate, superintendent of Dover City Schools.

In its order, the FCC said the citizen comments could not be considered in this proceeding.

According to the agency, comments and reply comments had to be served on the petitioner, Western Radio Group, or its legal counsel and that a certificate of service must accompany the comments. The people who submitted comments failed to do that.

That failure violated FCC rules, so the comments could not be considered in this proceeding, the agency said.

The FCC concluded its order by saying that the window period for filing applications for the frequency will not be opened at this time. The issue will be addressed by the agency in a future order, it said.

Reach Jon at 330-364-8415 or at jon.baker@timesreporter.com.

This article originally appeared on The Times-Reporter: FCC issues order on WDNP's radio frequency