THE PERMITTEE REQUESTS WAIVER OF SECTION 73.1125 OF THE COMMISSION RULES.  THE PERMITTEE NOW HAS AN OFFICE WHICH CAN FUNCTION AS THE MAIN STUDIO IN ASPEN COLORADO, 26.9 MILES FROM CARBONDALE.  THE STATIONS PUBLIC FILE IS NOW AND WOULD CONTINUE TO BE LOCATED IN THE CARBONDALE PUBLIC LIBRARY.  TELEPHONE SERVICE BETWEEN CARBONDALE AND ASPEN IS DEEMED LOCAL, NO TOLL REQUIRED.  COMMUTE TIME BETWEEN ASPEN AND CARBONDALE IS APPROXIMATELY 30 MINUTES VIA A HIGHWAY (MOSTLY FOUR LANES) AND INCLUDES DAILY BUS SERVICE BETWEEN THE TWO CITIES.  

ASPEN IS THE PRIMARY SOURCE OF EMPLOYMENT FOR CARBONDALE AND OTHER ASPEN BEDROOM COMMUNITIES.  PRAGMATICALLY, THE LOCATION OF THE MAIN STUDIO IN ASPEN WOULD AFFORD A SUBSTANTIAL NUMBER OF CARBONDALE RESIDENTS DAILY ACCESS TO A MAIN STUDIO MORE ACCESSIBLE AND MORE PROXIMATE THAN A MAIN STUDIO LOCATION IN CARBONDALE.

CARBONDALE/ASPEN, COLORADO SHOULD NOT BE CONFUSED WITH MAJOR URBAN METROPOLITAN AREAS.  WHILE 1.9 MILES MAY BE SIGNIFICANT IN HEAVILY CONGESTED METROPOLITAN AREAS, 1.9 MILES IS ESSENTIALLY A 2-1/2 MINUTE DRIVE IN THE SUBSTANTIALLY LESS CONGESTED RURAL CARBONDALE/ASPEN AREA.  CONSIDERING THE LOCAL GEOGRAPHY, THE FACT THAT THE DISTANCE IS LESS THAN TWO MILES FROM THAT PRESCRIBED BY THE RULE AND THE REALITIES OF THE INSTANT FACTUAL SITUATION APPLICABLE TO THE CARBONDALE/ASPEN MARKET AREA DESCRIBED HEREIN, IT IS SUBMITTED THAT THE PURPOSE OF SECTION 73.1125 WILL BE ACHIEVED CONSISTENT IN ALL SUBSTANTIVE RESPECTS WITH THE APPLICABLE PUBLIC INTEREST STANDARD.