Country stations battle over a Portsmouth radio tower

Hampton Roads' two FM country music radio stations are battling over whether the more recent arrival to the format should receive FCC approval for a new broadcast tower location that would give it a stronger signal.

There's more at stake than bragging rights. The established station, 97.3 The Eagle, has finished first, second and second in the ratings for the past three quarters, and ratings determine how much a station can charge for advertis ing.

The Eagle, until recently the market's only country FM station, is challenging a bid by WUSH-FM, US 106.1, to pluck off some listeners.

Bob Sinclair, owner of WUSH and Sinclair Communications, even took to the airwaves to drum up support from his side in the dispute.

"What I did was tape an announcement running once an hour saying: 'Hi, this is Bob Sinclair of US 106. As you know, we are in the process of upgrading our signal on 106.1. However, we have just learned The Eagle has filed an application to try to stop us from doing this. I think they are trying to monopolize the country music format in Hampton Roads,' " he said. " 'If you agree with me, go to our Web site and sign a petition to the FCC and also call Eagle at 671-1000 and tell them what you think.' "

Sinclair Communications, which owns several local stations, switched the format of 106.1 FM from adult contemporary to country in December. The station's ratings had been low, and country music is popular in this market.

An estimated $65 million was spent in radio advertising on local stations in 2007, said Becky McIntyre, media director at The Meridian Group, an advertising firm based in Virginia Beach. The figure includes national as well as local advertising.

For professional buyers, she said, "one of their essential tools is the cost per point, which means the cost per rating point." The higher the rating point, the more expensive the buy.

Max Media's Eagle 97.3 scored high in the Arbitron ratings for much of the past two years. In 2007, the sole country music format station in the Hampton Roads market consistently ranked first or second among all listeners ages 12 and older. Last spring, the station had a 9.1 average share of listeners, compared with a 1.4 share for the adult contemporary station then playing at 106.1.

To give a significant power boost and reach more potential listeners for his new country music station, Sinclair wants to stop use of its current tower in Hampton and upgrade a tower in Portsmouth near the West Norfolk Bridge. The station, however, is licensed in Poquoson, and FCC rules require that the signal reach 80 percent of that city.

When Sinclair filed a permit application with the FCC on Aug. 6, Saga Communications, which owns local stations including WNOR FM99 and WAFX 106.9 The Fox, filed an informal objection with the FCC.

Max Media, which owns 97.3 The Eagle, filed a similar objection.

"They filed an objection saying the tower site is too far from Poquoson to be allowed," Sinclair said. "To me, it's an out-and-out attempt to delay our application. It's using taxpayer money to fight competition."

Sinclair said Max Media "didn't oppose it until I started competing with them."

Eric Mastel, president of Max Media's radio division, based in Virginia Beach, said the issue has nothing to do with competition.

"Competition makes us all better," said Mastel. "He was competition before on a 100,000-watt station and it didn't bother me.

"From a standpoint that he is not following FCC rules and regs to get this done, I do care," he said.

To further complicate the matter, WRDU-FM in Knightdale, N.C., and WFJA-FM in Sanford, N.C., would have to move their broadcast towers to avoid conflicting with an updated, more powerful signal on the 106.1 frequency. Sinclair says he has made a deal with both stations to make that happen, which will cost him $1 million. But all moves are on hold until the FCC rules on the permit application for the tower upgrade.

Sinclair Communications filed its response to the complaint from Max Media to the FCC on Wednesday.

Mary Diamond, a spokeswoman for the FCC, said that she cannot comment on pending applications.

Jeff Maisey, (757) 222-3934, jmaisey@pilotonline.com