Federal Communications Commission Washington, D.C. 20554
Approved by OMB 3060-0920
INSTRUCTIONS FOR FCC FORM 318 APPLICATION FOR CONSTRUCTION PERMIT FOR A LOW POWER FM BROADCAST STATION
GENERAL INSTRUCTIONS Introduction A. This form, together with the associated instructions and worksheets, are designed to provide you with sufficient information to permit you to fully and accurately complete an application for a construction permit for a low power FM ("LPFM") station. Ultimately, however, if you are awarded a construction permit and license for a new LPFM station, you will be required to know and comply with all of the Commission's rules and policies applicable to the LPFM service. B. FCC Form 318 is used to apply for authority to construct a new LPFM broadcast station, to make changes in an authorized LPFM broadcast station, or to amend a pending Form 318 application. This application for a construction permit is the first step in the licensing process. Following completion of station construction you must file a separation application for an FCC license, FCC Form 319. Applications for new stations and major change proposals must be filed during a window filing period announced by the Commission by public notice. All proposals for minor changes to LPFM authorizations are also to be filed on this form. See 47 C.F.R. Section 73.870. The application consists of the following sections: I. II. III. IV. V. General Information Legal Information Point System Factors Certification LPFM Engineering Data and Preparer's Certification (for preparer of engineering sections of the application) (1) Part 0 "Commission Organization" (2) Part 1 "Practice and Procedure" (3) Part 73 "Radio Broadcast Services" Copies of the Commission's rules may be purchased from the Government Printing Office. Current prices may be obtained from the GPO Customer Service Desk at (202) 512-1803. For payment by credit card, call (202) 5121800, M-F, 8 a.m. to 4 p.m. e.s.t; facsimile orders may be placed by dialing (202) 518-2233, 24 hours a day. Payment by check may be made to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. In addition, any rule in Title 47, including the LPFM rules in Part 73, may be retrieved by rule section number via the Commission's World Wide Web site. Applicants may locate any rule in Parts 0, 1, and 73 at http://www.fcc.gov/mb/asd/bickel/47CFRrule.html. D. Electronic Filing of Application Forms. Applicants must file Form 318 electronically. The Commission has developed an electronic version of this form that is available on the Commission's Web site. Each applicant filing electronically will benefit from "error checks" in the Form 318 computer software and obtain immediate confirmation of the receipt of its application by the Commission. The electronic version of this form can be accessed through the Consolidated Database System (CDBS) online electronic forms filing system, located at the following site: http://www.fcc.gov/mb. Electronic filing instructions are available in the CDBS User's Guide. The Guide can be accessed from the MB web site, above, by clicking on the "CDBS" link. This action will take the user to the Media Bureau CDBS Electronic Filing System site. The user should then click on the "Go to CDBS User's Guide" link. Applicants may find it useful to download and print a copy of the Guide for easy reference during application preparation. Internet access to the CDBS online electronic forms filing system requires, at a minimum, a browser such as Netscape version 3.04 or Internet Explorer version 3.51, or later.
All applicants must complete Sections I, II, IV, and V. In Section II, however, applicants for major and minor changes in authorized stations need fill out only Questions 1, 4, 6, 7, and 9. C. This form makes many references to the Commission's rules. Applicants should have on hand and be familiar with current broadcast rules in Title 47 of the Code of Federal Regulations (C.F.R.):
All previous edition obsolete.
FCC 318 Instructions June 2008
E. Electronic or Paper Filing of Amendments. Amendments to previously filed applications should be prepared, signed, and filed in the same manner as the original application, and should contain the following information to identify the associated application: (1) Applicant's name; (2) Call letters, or specify "NEW"; (3) Proposed channel number; (4) Proposed station location; (5) File number of application being amended (if known); and (6) Date of filing of application being amended (if file number is unknown). F. Defective Applications. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be If the FCC returned without consideration. inadvertently accepts a defective or incomplete application, that application may be dismissed. See 47 C.F.R. Section 73.3564(b).
mark the "Yes" certification when they are certain that the response is correct. A "No" response is required if the applicant is requesting a waiver of a pertinent rule and/or policy, or where the applicant is uncertain that the application fully satisfies the pertinent rule and/or policy. A "No" response to a certification question for which an exhibit can be submitted will not cause the immediate dismissal of the application, provided that an appropriate exhibit is completed. However, the application includes several certifications for which an explanatory exhibit cannot be submitted. These include Section II, question 1 (Certification), Question 2 (Eligibility), Question 4 (Community-Based Criteria) and Question 8 (Unlicensed Operation). An applicant's failure to respond "Yes" to at least one certification contained in each of these questions will result in the return of its application with no opportunity to file a curative amendment. J. The applicant or the applicant's authorized legal representative, if any, must sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a corporation, by an officer; if an unincorporated association, by a member who is an officer (for an unincorporated educational institution, this could be a school superintendent, officer of the school board, or a university officer); if a governmental entity, by such duly elected or appointed official as is competent under the laws of the particular jurisdiction. Counsel may sign the application for his or her client, but only in cases of the applicant's disability or absence from the United States. If the application is filed electronically, the signature will consist of the electronic equivalent of the typed name of the individual.
G. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the Commission action on this application is no longer subject to reconsideration by the Commission or review by any court. Certifications H. This application requires applicants to certify compliance with various statutory and regulatory requirements. Detailed instructions and three worksheets provide additional information regarding Commission rules and policies. These materials are designed to track the standards and criteria which the Commission applies to determine compliance and to increase the reliability of applicant certifications. While applicants are required to review all application instructions and worksheets, they generally are not required to complete or retain any documentation created or collected to complete the application. Applicants claiming a point for established community presence in response to Section III, Question 1, however, must document their claims as explained further in the instructions for that section. I. This application is presented primarily in a "Yes/No" certification format. However, it contains places for submitting explanations and exhibits where necessary or appropriate. Each certification, explanation and exhibit constitutes a material representation. Applicants may only
SECTION I: GENERAL INFORMATION A. Question 1: Applicant Name, etc. The name of the applicant stated in Question 1 shall be the exact name of the agency, board, institution, organization, corporation or association seeking the authorization. Do not list the name of an individual. Individuals are not eligible for LPFM licenses. The name of the applicant must be stated exactly in Question 1. In all other sections of this form, an abbreviated name can be used to identify the applicant. State Abbreviation Applicants should use only those State abbreviations approved by the U.S. Postal Service. Facility ID Number The FCC assigns a unique facility identification number to all authorized broadcast stations. New station applicants should leave this box blank. Applicants for
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minor or major changes can obtain facility ID numbers for their authorized LPFM stations at the Commission's World Wide Web site at www.fcc.gov/mb. Once at this website, scroll down and select CDBS Public Access. You can also obtain your facility ID number by calling (202) 418-2700. Further, the facility ID number is included on all Commission authorizations and postcards. B. Question 2: Contact Representative. If the applicant is represented by a representative or agent (for example, legal counsel), that person's name, firm or company, and telephone/electronic mail address may be specified here, at the applicant's option. C. Question 3: Application Purpose. This question requires that the applicant identify the purpose of the application and provide certain information for the facilities proposed in the FCC Form 318. Applicants for a new LPFM station should check "New Station." Applicants updating information on a previously filed but not yet granted application for a new LPFM station should check "Amendment to pending application."
noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program." The three basic NCE eligibility requirements are: (1) nonprofit organization; (2) an educational goal or purpose; and (3) use of station programming to further that educational purpose. In considering these requirements, emphasis is placed on proposed station programs which are clearly educational in nature, i.e., actually involve teaching or instruction, whether for formal credit or not. However, it is not necessary that the proposed station's programming be exclusively or even primarily educational in nature. Subsection 2(a): Nonprofit Educational Institutions. An institutional NCE applicant is either a public entity (such as a governmental agency) or a private, nonprofit entity which operates a bona fide, full-time school in the community where it proposes to operate. Under the Commission's standards, these applicants generally are presumed to have an educational purpose, and need only demonstrate how their proposed station programming will be used to advance their educational purpose. Applicants should provide detailed descriptions of the nature of their proposed station programming and, if possible, program schedules. Applicants accredited by State departments of education or recognized by regional and/or national accrediting organizations should identify the accrediting entities. Applicants also should identify the documents establishing their nonprofit status, such as corporate charters or articles or incorporation. Applicants must be prepared to furnish supporting documentation for their statements upon request by the Commission staff. Subsection 2(b): Nonprofit Educational Organizations. Organizational NCE applicants are private, nonprofit entities such as nonprofit foundations, corporations or associations. Individuals cannot qualify as organizational applicants. Under the Commission's standards, these applicants must demonstrate both that they have an educational purpose and how their proposed station programming will be used to advance that purpose. Applicants should provide detailed descriptions of the nature of their proposed station programming and, if possible, program schedules. Applicants also should identify the documents establishing their nonprofit status, such as corporate charters or articles of incorporation. Applicants must be prepared to furnish supporting documentation for their statements upon request by the Commission staff. Subsection 2(c): Public Safety Radio Service. Applicants also may be eligible for an LPFM station authorization because the station proposes to provide public safety radio services under Section 309(j)(2)(A) of the Communications Act of 1934, as amended, 47 U.S.C.
SECTION II: LEGAL INFORMATION A. Question 1: Certification. Each applicant is responsible for the information that the application instructions and worksheets convey. The Commission's licensing processes are premised on the accuracy and reliability of applicant certifications. Thus, each applicant must carefully review all instructions and worksheet materials prior to completing this application. B. Question 2: Eligibility. Applicants for new LPFM stations must certify their eligibility to own and operate an LPFM station under Commission rules and regulations. Each applicant must check one "Yes" box for this question and must check the other two boxes "No." An applicant should not submit an explanatory exhibit in connection with its Question 2 "No" response. An applicant that answers "Yes" to certification 2a, 2b or 2c must submit with its application an exhibit that describes the applicant's educational program and how its proposed station will be used to advance its educational program, as set forth in more detail below. Or, in the case of a Public Safety Radio facility, the applicant must describe how the proposed station will protect the safety of life, health, or property. The exhibit also should include the State and date of the applicant's incorporation. Subsections 2(a) and 2(b)--Noncommercial Educational ("NCE") Applicants. An applicant may be eligible for an LPFM station authorization under Section 73.503 of the Commission's rules, which provides that "a
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Section 309(j)(2)(A). In order to qualify under this provision, an applicant must not be organized for profit, must use the proposed LPFM station for public safety radio services to protect the safety of life, health, or property, and the services must not be made commercially available to the public. 47 U.S.C. Section 309(j)(2)(A); see also 47 C.F.R. Sections 90.17, 90.23, and 90.27. C. Question 3: Parties to the Application. This question is designed to identify all individuals who may be subject to various FCC ownership rules and related statutory restrictions. Specifically, as used in this application, the term "party to the application" includes any individual or entity whose ownership or positional interest in the applicant is "attributable." An "attributable interest" is an ownership interest in or relation to an applicant or licensee which will give its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. The Commission's policies and standards for attribution are set forth below. You will be answering questions about those individuals and entities listed in response to Question 3 when you respond to various other questions. Non-Stock Corporations or Other Non Stock Entities The applicant, the parent and subsidiary entities of the applicant, and the officers, directors, and governing board members of the applicant and its parent and subsidiary entities are considered to be parties to the application, with the exceptions provided by 47 C.F.R. Section 73.858, which are set forth below. Partnerships and Limited Partnerships Partners and non-insulated limited partners are considered to be parties to the application. A limited partner in a limited partnership is considered to be insulated if the limited partner is not materially involved, directly or indirectly, in the management or operation of the mediarelated activities of the partnership, and the applicant so certifies in response to subsection b of Question 3. Sufficient insulation of a limited partner for purposes of this certification is assured if the limited partnership agreement: (1) specifies that any exempt limited partner (if not a natural person, its directors, officers, partners, etc.) cannot act as an employee of the limited partnership if his or her functions, directly or indirectly, relate to the media enterprises of the company; bars any exempt limited partner from serving, in any material capacity, as an independent contractor or agent with respect to the partnership's media enterprises;
(3)
restricts any exempted limited partner from communicating with the licensee or the general partner on matters pertaining to the day-to-day operations of its business; empowers the general partner to veto any admissions of additional general partners admitted by vote of the exempt limited partners; prohibits any exempt limited partner from voting on the removal of a general partner or limits this right to situations where the general partner is subject to bankruptcy proceedings, as described in Sections 402 (4)-(5) of the Revised Uniform Limited Partnership Act, is adjudicated incompetent by a court of competent jurisdiction, or is removed for cause, as determined by an independent party; bars any exempt limited partner from performing any services to the limited partnership materially relating to its media activities, with the exception of making loans to, or acting as a surety for, the business; and states, in express terms, that any exempt limited partner is prohibited from becoming actively involved in the management or operation of the media businesses of the partnership.
(4)
(5)
(6)
(7)
Notwithstanding conformance of the partnership agreement to these criteria, however, the requisite certification cannot be made if the applicant has actual knowledge of a material involvement of a limited partner in the management or operation of the media-related businesses of the partnership. In the event that the applicant cannot certify as to the noninvolvement of a limited partner, the limited partner will be considered as a party to this application. Limited Liability Companies The Commission treats an LLC as a limited partnership, each of whose members is considered to be a party to the application. However, where an LLC member is insulated in the manner specified above with respect to a limited partnership and where the relevant state statute authorizing the LLC permits an LLC member to insulate itself in accordance with the Commission's criteria, that LLC member is not considered a party to the application. In such a case, the applicant should certify "Yes" in response to Section II, Question 3b. Stock Corporations
(2)
The Commission's multiple ownership attribution policies and standards apply to LPFM applicants and licensees that are stock corporations, with the exceptions provided by 47 C.F.R. Section 73.858, which are set forth below.
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Generally, the applicant, the parent and subsidiary entities of the applicant, the officers, directors, and governing board members of the applicant and its parent and subsidiary entities, and holders of voting stock interests in the applicant of 5 percent or more are considered to be parties to the application. a. Voting stock interests. Voting stock interests of 5 percent or more of the issued and outstanding voting stock of the applicant are attributable, unless the interest is passive in nature, in which case voting stock interests of 20 percent or more are attributable. Worksheet 1b entitled "Non-Party Influence Over Applicant" is provided to help determine whether an interest is passive in nature for purposes of the Commission's attribution policies and standards. Where the 5 percent stock owner is itself a corporation, each of its stockholders, directors and "executive" officers (president, vice-president, secretary, treasurer or their equivalents) is considered a party to this application UNLESS the applicant submits as an exhibit a statement establishing that an individual director or officer will not exercise authority or influence in areas that will affect the applicant or the station. In this statement, the applicant should identify the individual by name and title, describe the individual's duties and responsibilities, and explain the manner in which such individual is insulated from the corporate applicant and should not be attributed an interest in the corporate applicant or considered a party to this application. In addition, a person or entity holding an ownership interest in the corporate stockholder of the applicant is considered a party to this application ONLY IF that interest, when multiplied by the corporate stockholder's interest in the applicant, would account for 5% or more of the issued and outstanding voting stock of the applicant. For example, where Corporation X owns stock accounting for 25% of the applicant's votes, only Corporation X shareholders holding 20 percent or more of the issued and outstanding voting stock of Corporation X have a 5% or more indirect interest in the applicant (.25 x .20 = .05) and, therefore, are considered parties to this application. In applying the multiplier, any entity holding more than 50% of its subsidiary will be considered a 100% owner. Where the 5% stock owner is a partnership, each general partner and any limited partner that is non-insulated, regardless of the partnership interest, is considered a party to the application. Stock subject to stockholder cooperative voting agreements accounting for 50% or more of the votes in a corporate applicant will be treated as if held by a single entity and any stockholder holding 5% or more
of the stock in that block is considered a party to this application. An investment company, insurance company or trust department of a bank is not considered a party to this application, and an applicant may properly certify that such entity's interest is non-attributable, IF its aggregated holding accounts for less than 20% of the outstanding votes in the applicant AND IF: (1) such entity exercises no influence or control over the corporation, directly or indirectly; and such entity has no representatives among the officers and directors of the corporation.
(2)
b. Non-voting stock and debt interests. Non-voting stock and debt interests may be attributable under the Commission's "equity-debt-plus" ("EDP") attribution standard. Under the EDP standard, the interest held, aggregating both equity and debt, must exceed 33% of the total asset value (all equity plus all debt) of the applicant, a broadcast station licensee, cable television system, daily newspaper or other media outlet subject to the Commission's broadcast multiple ownership rules AND the interest holder must either hold an attributable interest in a media outlet in the same market or supply over 15% of the total weekly broadcast programming hours of the station in which the interest is held. For example, if a fullpower broadcaster were to invest in an LPFM applicant and the investment accounted for more than 33 percent of the LPFM applicant's total capitalization, the investment would be attributable and would violate the cross-ownership prohibition of 47 C.F.R. Section 73.860 of the Commission's rules, which is discussed below in the Instructions to Section II, Question 5. Similarly, if a director of the same full-power broadcaster were to act as an officer of the LPFM applicant, the director would be attributed with both stations and Section 73.860 would be violated. Exceptions Section 73.858 of the Commission's rules establishes two exceptions to the above-stated attribution policies and standards applicable to LPFM station applicants. Applicants relying on either of these attribution exceptions should answer question 5b "No" and provide an explanatory exhibit. a. Section 73.858(a). Under this provision, members of the board of directors of the parent of an LPFM applicant or licensee may hold otherwise attributable interests in a broadcast licensee, daily newspaper or
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cable television system subject to the Commission's multiple ownership rules and not have those interests attributed to them for purposes of an LPFM station application, provided that the board members holding such interests must recuse themselves from any consideration of matters affecting the LPFM station. Similarly, an officer or director of an LPFM station applicant or licensee may hold an otherwise attributable interest in a broadcast licensee, daily newspaper or cable television system if: (1) the LPFM applicant or licensee entity is a multi-faceted organization, such as a university; (2) the duties of the officer or director are wholly unrelated to the LPFM station; and (3) the officer or director recuses himself or herself from consideration of any matters affecting the LPFM station. The purpose of these exceptions is to permit entities, such as a university, to become a LPFM station licensee, notwithstanding the fact that certain members of the entity's board hold attributable media interests. Applicants applying for LPFM station licenses under this exception must submit an explanatory exhibit in response to Question 5b identifying the individuals with otherwise attributable interests. b. Section 73.858(b). Under this provision a local chapter of a national organization will not have the attributable media interests of the national organizations attributed to it, provided that the local chapter: (1) is incorporated in its local area separately from the national organization with which it is affiliated; and (2) has a distinct local presence and mission. To satisfy the second element of this standard, an applicant must demonstrate that it has significant membership within its local area and that it has a local purpose that can be distinguished from the purpose of the national organization with which it is affiliated. For example, the purpose of raising awareness of the toxic waste problem in the United States would not satisfy the distinct local mission requirement, but the purpose of raising awareness of the toxic waste problem in a particular local area would satisfy the distinct local mission requirement. Applicants applying for LPFM station licenses under this exception must submit an explanatory exhibit in response to Question 5b demonstrating how they meet the above-stated requirements. D. Question 4: Community-Based Criteria. Applicants must certify that they are locally-based to be eligible for LPFM authorizations. An applicant must check "Yes" to at least one of the certifications set forth in Question 4 to be eligible for an LPFM license. An applicant should not submit an explanatory exhibit in connection with its Question 4 "No" responses. To be deemed local for purposes of the Commission's rules, an applicant must:
(a)
be physically headquartered or have a campus within 10 miles, for applicants in the top 50 urban markets, and 20 miles, for applicants outside of the top 50 urban markets, of the transmitting antenna site proposed in its Application; or have 75 percent of its board members residing within 10 miles, for applicants in the top 50 urban markets, and 20 miles, for applicants outside of the top 50 urban markets, of the transmitting antenna site proposed in its Application; or for public safety radio service applicants only, have jurisdiction within the service area of the proposed transmitting antenna site set forth in the application.
(b)
(c)
E. Question 5: Ownership. This question is designed to ensure that LPFM applicants do not violate FCC rules prohibiting LPFM licensees from owning or controlling certain other types of media. The applicant must certify compliance with the Commission's broadcast ownership rules, which initially will allow a party to hold an attributable interest in only one LPFM station, and which generally prohibit an LPFM station licensee from holding an attributable interest in any other broadcast station, including any FM translator or low power television station, or daily newspaper or cable television system. See 47 C.F.R. Section 73.855(b) and 73.860. The LPFM rules include several exceptions to this general prohibition for large multi-faceted entities, such as universities, and for local chapters of national organizations. Applicants should review Section II, Question 3 instructions under the heading "Exceptions." Applicants relying on any of these exceptions should answer question 5b "No" and submit an explanatory exhibit. Question 5(a): Ownership of other LPFM stations. If the applicant or any party to the application holds an attributable interest in an LPFM station, you must check "No." A party may hold an attributable interest in only one LPFM station for a period of two years from the date that the Commission first accepts applications for new LPFM stations. Question 5(b)(1): Other Media Interests. Neither an LPFM station licensee nor anyone with an attributable interest in an LPFM station license may own or control: · a daily newspaper of general circulation; · a cable television system; or · any full power AM or FM radio station, FM translator station or full or low power television station. A party applying for a new LPFM station license which has an attributable interest in a broadcast station or other
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media subject to the Commission's broadcast ownership restrictions must divest such interest prior to the commencement of operations of the LPFM station. Such applicants must provide a "No" response to the certification required by Question 5b and submit an explanatory exhibit identifying the broadcast station or other media in which the applicant holds an attributable interest and setting forth the applicant's intention to divest such interest. Question 5(b)(2): If the applicant or any party to the application holds an attributable interest in an application for an AM, FM, FM translator, or full or low power television station, you must check "No" and provide an exhibit that includes the file numbers of the pending applications. Question 5(c): Immediate Family Members. The applicant must certify compliance with the Commission's policies relating to the media interests of immediate family members. Worksheet 1 to this application form is provided to help applicants determine their compliance with these Commission's policies. Question 5(d): Investor Insulation and NonParticipation of Non-Party Investors and Creditors. This question is only relevant if: · the applicant is a limited partnership or a limited liability corporation that seeks to insulate from attribution members or partners in accordance with the Commission's rules; or the applicant has non-party investors, for example, creditors, secured parties, or program suppliers, and these investors have the capacity to influence the decision-making of the applicant. If these issues are relevant to the applicant you should review Worksheet 1 to this application.
of this application. G. Question 7: Adverse Findings. An applicant must disclose in response to Question 7 whether the applicant or any party to the application has been the subject of a final adverse finding with respect to certain relevant nonbroadcast matters. The Commission's character policies and litigation reporting requirements for broadcast applicants focus on misconduct which involves a violation of the Communications Act or a Commission rule or policy and on the types of non-FCC misconduct listed in the question 7 certification. In responding to Question 7, the applicant should consider any relevant adverse finding that occurred within the past ten years. Where that adverse finding was fully disclosed to the Commission in an application filed on behalf of this applicant or in another broadcast station application and the Commission, by specific ruling or by subsequent grant of the application, found the adverse finding not to be disqualifying, it need not be reported again and the assignee may respond "Yes" to this question. However, an adverse finding that has not been reported to the Commission and considered in connection with a prior application would require a "No" response. Where the response to Question 7 is "No," the applicant must provide in an exhibit a full disclosure of the persons and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), and the disposition of the litigation. Where the requisite information has been earlier disclosed in connection with another pending application, or as required by 47 C.F.R. Section 1.65(c), the applicant need only provide an identification of that previous submission by reference to the file number in the case of an application, the call letters of the station regarding which the application or Section 1.65 information was filed, and the date of filing. H. Question 8: Unlicensed Operation. Question 8 requires the applicant to certify, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, or organizations, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. Applicants checking "No" to Questions 8 are ineligible for a license to operate an LPFM station. In addition, applicants are warned that submission of false or misleading statements will subject applicants to fines, revocation of license, and applicable criminal penalties. I. Question 9: Anti-Drug Abuse Act Certification. This question requires the applicant to certify that neither it nor any party to the application is subject to denial of federal
·
F.
Question 6: Character Issues. Question 6 only applies to those applicants or parties identified in Question 3 that have previously applied for a broadcast license. If neither the applicant nor any party to the application has previously applied for a license, you should check "Yes." Specifically, Question 6 asks an applicant to certify that neither it nor any party to the application has had any interest in or connection with an application that was or is the subject of unresolved character issues. Where the response to Question 6 is "No," the applicant must submit an exhibit that includes an identification of the party having had the interest, the call letters and location of the station or file number of the application or docket, and a description of the nature of the interests or connection, including relevant dates. The applicant should also fully explain why the unresolved character issue is not an impediment to a grant
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benefits pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to deny federal benefits to individuals convicted of offenses consisting of the distribution or possession of controlled substances. Federal benefits within the scope of the statute include FCC authorizations. A "Yes" response to Question 9 constitutes a certification that neither the applicant nor any party to this application has been convicted of such an offense or, if it has, it is not ineligible to receive the authorization sought by this application because of Section 5301. With respect to this question only, the term "party to the application" includes if the applicant is an individual, that individual; if the applicant is a corporation or unincorporated association, all officers, directors, or persons holding 5 percent or more of the outstanding stock or shares (voting and/or non-voting) of the applicant; all members if a membership association; and if the applicant is a partnership, all general partners and all limited partners, including both insulated and non-insulated limited partners, holding a 5 percent or more interest in the partnership.
point for each of the three criteria set forth below. Applicants may claim the point(s) for which they qualify by certifying "Yes" in response to the question and, in connection with Question 1 only, by submitting the documentation set forth below. The applicant with the highest point total in its mutually exclusive group will be the tentative selectee, unless the mutual exclusivity is resolved by settlement pursuant to 47 C.F.R. Section 73.872(e). For more information see 47 C.F.R. Section 73.872; Creation of a Low Power Radio Service, Report and Order in MM Docket No. 99-25, FCC 00-19, at ¶¶ 139-151 (released January 27, 2000). B. Question 1: Established Community Presence. To qualify for a point under this criterion, the applicant must have an established community presence of at least two years' duration in the community that it proposes to serve. Educational institution and organization applicants must be able to certify that, during the two years prior to application, (a) it has been in existence as a nonprofit educational institution or organization, and (b) has been physically headquartered, has had a campus, or has had 75 percent of its governing board members residing within 16.1 kilometers (10 miles) of the coordinates of the proposed transmitting antenna. A public safety radio service applicant only must be able to certify that during the two years prior to application it had jurisdiction within the service area of the proposed LPFM station. Applicants claiming a point for this criterion also must submit evidence of their qualifications as an exhibit to their application forms. This evidence must demonstrate the date of commencement of the applicant's existence and the location(s) of the applicant's headquarters, campus, or governing board members' residences (or, for governmental public safety radio service applicants, the area of jurisdiction) during the two years prior to the application filing. For example, such evidence may consist of copies of corporate charters, articles of incorporation, association, or partnership, or other written instruments filed with the appropriate governmental agency (e.g., Secretary of State) documenting the applicant's period of existence. The location of an applicant's headquarters, campus, or governing board members' residences may be demonstrated by the submission of statements supported by the affidavit of a person or persons with personal knowledge thereof. C. Question 2: Proposed Operating Hours. To qualify for a point under this criterion, applicants must pledge to operate at least 12 hours per day. The minimum operating schedule for LPFM stations is five hours per day. See 47 C.F.R. Section 73.850. Applicants that claim a point for this criterion will be required to adhere to their pledges to operate at least 12 hours per day. The Commission will use random audits to verify such adherence, and also will consider written complaints. The
SECTION III: POINT SYSTEM FACTORS A. The Commission will use a point system to select among conflicting, i.e., "mutually exclusive," LPFM applications filed in the same window. This section allows applicants for new LPFM stations and for major changes to existing LPFM authorizations to claim points under this selection procedure. LPFM new and/or major change applications are treated as mutually exclusive where the applications are filed in the same window and the simultaneous operation of the two proposed stations would result in one (or both) stations causing objectionable interference to the other. The Commission makes this determination on the basis of the LPFM station-to-station distance separation requirements set forth at Section 73.807 of the Commission's rules. This rule establishes a minimum distance separation between stations operating on the same frequency (also called cochannel) and also between those stations operating on firstadjacent channels. For example, if an LPFM station application specifies a frequency of 94.7 MHz, the Commission will determine whether co-channel proposals on 94.7 and first-adjacent channel proposals on 94.5 and 94.9 MHz meet the minimum separation requirements of 24 and 14 kilometers, respectively. Applications that do not meet these minimums will be treated as mutually exclusive. In these cases, the Commission will use the point system selection procedure to select one application for grant. Mutually exclusive applications will be awarded one
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Commission staff may issue letters of inquiry requiring submission of documentation in connection with such audits. Applicants that fail to fulfil their pledges will be subject to administrative sanctions including the possibility of monetary forfeitures and revocation proceedings. D. Question 3: Local program origination. To qualify for point under this criterion, applicants must pledge to originate locally at least eight hours of programming per day. Local origination is defined as the production of programming within 16.1 kilometers (10 miles) of the coordinates of the proposed transmitting antenna. Applicants that claim a point for this criterion will be required to adhere to their pledges to originate locally at least eight hours of programming per day. The Commission will use random audits to verify such adherence, and also will consider written complaints. The Commission staff may issue letters of inquiry requiring submission of documentation in connection with such audits. Applicants that fail to fulfil their pledges will be subject to administrative sanctions including the possibility of monetary forfeitures and revocation proceedings.
Puerto Rico and Green Bank, West Virginia and the Table Mountain Radio Receiving Zone in Boulder County, Colorado. The written notification should be sent to the appropriate address listed in Section 73.1030 and should include antenna height and coordinates, frequency and power. The staff will coordinate applications with the Commission's Enforcement Bureau when there is the potential for an adverse effect on an FCC monitoring station. However, prior notice to the Enforcement Bureau is suggested when an applicant believes its facility may affect a monitoring station in the manner described in Section 73.1030. The Commission need not be informed of the date of any notification. C. Tech Box. The applicant must accurately specify the requested facilities in Questions 1 through 8 of the Tech Box. Conflicting data found elsewhere in the application will be disregarded. All Questions must be completed. The response "on file" is not acceptable. The response "not applicable" is not acceptable unless otherwise noted below. Question 1: Class. The class, LP100 or LP10, must be specified as defined by 47 C.F.R. Section 73.811. Note: Applications filed during a window period will only be accepted if the specified class matches that set forth in the public notice announcing the window. Question 2: Channel. The proposed channel must be between 201 and 300. See 47 C.F.R. Section 73.805. Applicants can determine which frequencies, if any, are available at any specific set of coordinates within the United States and its territories by using a simple computer program available at the Audio Division web-page http://www.fcc.gov/mb/asd/lpfm. Question 3: Antenna Location Coordinates. The proposed antenna site must be specified using North American Datum 27 (NAD 27) coordinates. Indicate North or South Latitude, and East or West Longitude. Applicants can determine coordinates with a 7.5 minutes series U.S. Geological Survey topographic quadrangle map. The latitude and longitude coordinates for all points in the United States for this LPFM service are based upon the 1927 North American Datum (NAD 27). The National Geodetic Survey is in the process of replacing NAD 27 with the more accurate 1983 North American Datum (NAD 83) and updating current topographic maps. In addition, coordinates determined by use of the satellite-based Global Positioning System already reflect the NAD 83 datum. To prevent intermixing of data from these two sources, the Commission has announced that, until further notice, all LPFM applicants are to furnish coordinates based on NAD 27 datum on all submissions and the Commission will continue to specify NAD 27 coordinates in its data bases and authorizations. Applicants may access a simple
SECTION V: LPFM ENGINEERING AND PREPARER'S CERTIFICATION A. General Instructions for Section V. The engineering section contains a "Tech Box" in which the applicant specifies all technical data required for engineering review. In the event that there are any discrepancies between data in the "Tech Box" and data submitted elsewhere in the application, the data in the "Tech Box" will be controlling. Applicants are not required to provide specific transmitter make and model information on FCC Form 318. Rather, the permit authorizing construction will require installation of a FCC certified transmitter in compliance with the provisions of 47 C.F.R. Section 73.1660. Applicants also are not required to list the specific antenna make, manufacturer, model number and number of bays for FM antennae on FCC Form 318. That data is submitted following the completion of construction in an application for covering license (FCC Form 319). B. Notifications. All applicants must comply with the requirements of 47 C.F.R. Section 73.1030. Specifically, applicants within affected areas must notify United States Government radio astronomy installations, radio receiving installations, and FCC monitoring stations of the proposed facility and its possible impact on their operations. See Section 73.1030. Affected facilities requiring written notification at the time the LPFM application is filed include radio astronomy observatories located in Arecibo,
9
computer program to convert NAD 83 coordinates to NAD 29 coordinates at http://www.fcc.gov/mb/asd/welcome ALT.html. Question 4: Antenna Structure Registration Number. The Antenna Structure Registration number should be entered here. Most towers greater than 61 meters (200 feet) in height and those located near airports require antenna registration numbers. See 47 C.F.R. Section 17.4. If the tower does not require registration, indicate that registration is "Not Applicable," or if the FAA has not yet determined whether a proposed structure would be a hazard, indicate whether the FAA Notification has been filed with the FAA. For more information regarding the Commission's antenna structure registration requirements, applicants may review the Wireless Telecommunications Bureau's Antenna Structure Registration web site at http://www.fcc.gov/wtb/antenna. Questions 5-7: Elevation and Heights. All heights must be in meters, rounded to the nearest whole number. Question 8: Power and Height Limitations. The staff will determine an LPFM station's antenna height above average terrain (HAAT) from the Tech Box data for coordinates, site elevation, and antenna radiation center above ground level. The effective radiated power (ERP) specified on the LPFM construction permit authorization will be given in a range that, when considered with the staff-calculated HAAT, would allow operation within the maximum and minimum ERP of the class of LPFM station applied for. See 47 C.F.R. Section 73.811. D. Certifications. Questions 9-11 set forth a series of certifications concerning the Commission's technical standards and operational requirements for LPFM stations. Question 9: Interference. The applicant must certify that the proposal complies with the spacing provisions contained in 47 C.F.R. Section 73.807. If the proposed facility will be fully-spaced under Section 73.807, the applicant should respond "Yes" to Question 9a and respond to "N/A" to Question 9b if the application proposes to modify an authorized station that is currently short-spaced, the applicant must complete Question 9b. Question 10: TV Channel Six Interference. If the proposed facility specifies operation on Channels 201-220, the applicant must certify that the proposal complies with the Channel Six spacing provisions contained in 47 C.F.R. Section 73.825. b. Question 11: National Environmental Policy Act: a. Environmental Impact. The National Environmental Policy Act of 1969 requires all federal agencies to
ensure that the human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain include either an environmental assessment that will serve as the basis for further Commission review and action, or a certification that operation of the station will not have a significant environmental impact. See Section 1.1307. In this regard, applicants are required to consider eight environmental factors. These factors are listed in the attached General Environmental Worksheet (Worksheet 2). Should the applicant be unable to conclude that its proposal will have no significant impact on the quality of the human environment, it must submit an Environmental Assessment containing the following information: (1) A description of the facilities as well as supporting structures and appurtenances, and a description of the site as well as the surrounding area and uses. If high-intensity white lighting is proposed or utilized within a residential area, the EA must also address the impact of this lighting upon the residents. A statement as to the zoning classification of the site, and communications with, or proceedings before and determinations (if any) by zoning, planning, environmental and other local, state, or federal authorities on matters relating to environmental effects. A statement as to whether construction of the facilities has been a source of controversy on environmental grounds in the local community. A discussion of environmental and other considerations that led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of any unavoidable adverse environmental effects; and any alternative sites or facilities that have been or reasonably might be considered. If relevant, a statement why the site cannot meet the FCC guidelines for RF exposure with respect to the public and workers.
(2)
(3)
(4)
(5)
RF Exposure Guidelines. In 1996, the Commission modified its guidelines and procedures for evaluating environmental effects of RF emissions. All LPFM station applications subject to environmental processing must demonstrate compliance with the new
10
requirements. The new guidelines are explained in more detail in OET Bulletin 65, entitled Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, Edition 97-01, released August, 1997, and Supplement A: Additional Information for Radio and Television Broadcast Stations (referred to here as "OET Bulletin 65" and "Supplement A," respectively). Both OET Bulletin 65 and Supplement A can be viewed and/or downloaded from the FCC Internet site at http://www/fcc.gov/oet/rfsafety. Copies can also be purchased from the Commission's duplicating/research contractor, International Transcription Services, Inc., 1231 20th Street, N.W., Washington, D.C. 20036 (telephone: (202) 857-3800; fax: (202) 857-3805. Additional information may be obtained from the RF Safety Group at [email protected] or (202) 418-2464 or from the FCC Call Center at 1-888-CALL FCC (225-5322). c. Worksheets. Worksheets 2 and 3 are designed to facilitate and substantiate the certification called for in Section V, Question 11. The General Environmental Worksheet (Worksheet 2) should be used by all applicants. The RF Exposure Worksheet (Worksheet 3) will assist the applicant in completing the required radiofrequency (RF) electromagnetic field calculations to determine whether the proposed station adequately protects the public and workers from potentially harmful RF fields. Some, but not all, stations will be able to use the RF Exposure Worksheet. The RF Exposure Worksheet allows the applicant to determine if its LPFM station would meet the Commission's RF guidelines based upon the facility's antenna height above ground level. Section One of the RF Exposure Worksheet is applicable to an LPFM station that is the only RF source on the only supporting structure in the area. Such a facility may not exceed the Commission's RF limit. Section Two of the RF Exposure Worksheet applies to an LPFM station that is one of several RF sources at a site. In this case, the LPFM is excluded from a detailed showing of compliance if it does not contribute more that 5% of the Commission's RF limit. Applicants that fail to meet these antenna height requirements will need to utilize more complex calculations or measurements to demonstrate compliance and may require the assistance of a qualified consulting engineer to determine whether the proposed facility will meet the RF exposure guidelines. RF levels may still be acceptable based on a more detailed evaluation of a number of variables, e.g., antenna radiation patterns or measurement data. In that case, the applicant must submit an exhibit to the
application that explains why the proposed facility does not exceed the RF radiation exposure guidelines at locations where humans are likely to be present, and/or describes measures or circumstances which will prevent or discourage humans from entering those areas where the RF exposure exceeds the guidelines, e.g., fencing or remote location. The guidelines are explained in more detail in OET Bulletin 65. E. Preparer's Certification. When someone other than the applicant has prepared the engineering section of the FCC Form 318, Section V requires that person to certify, to the best of his/her knowledge and belief, the veracity of the technical data supplied. The Section V preparer's certification need not be completed if the engineering portion of the application has been prepared by the applicant. In that event, the applicant's Section IV, page 5 certification will cover the information provided in both the legal and engineering sections of the application.
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT If you do not provide the information requested on this form, the application may be returned without action having been taken upon it or its processing may be delayed while a request is made to provide the missing information. Your response is required to obtain the requested authorization. We have estimated that each response to this collection of information will take 45 minutes to 6 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain the required data, and actually complete and review the form or response. If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden it causes you, please e-mail them to [email protected] or send them to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0920), Washington, DC 20554. Please DO NOT SEND COMPLETED APPLICATIONS TO THIS ADDRESS. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number of if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0920. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.
11
WORKSHEETS FOR FCC FORM 318 APPLICATION FOR CONSTRUCTION PERMIT FOR A LOW POWER FM BROADCAST STATION WORKSHEET #1a - FAMILY RELATIONSHIPS This worksheet is for use in connection with Section II, Question 5c of FCC Form 318, which requires the applicant to certify that the applicant and the parties to the application are in compliance with the Commission's policies relating to media interests of immediate family members (i.e., husband, wife, father, mother, sister, brother, son and/or daughter). This worksheet need not be submitted with the application and retention of this worksheet is not required. However, an applicant's ability to produce a copy upon request may prove helpful in determining compliance with the Commission's rules and policies. The Commission does not presume that media interests of immediate family members should be attributed to the applicant and the parties to the application. This presumption, however, is rebuttable. Accordingly, the applicant should examine the media interests of the principals' immediate family members to determine whether or not those media interests will be independent and not subject to common influence or control See Policy Statement, Clarification of Commission's Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992); Sevier Valley Broadcasting, Inc., 10 FCC Rcd 9795 (1995). An applicant should review this worksheet if the answer to the following question is "Yes": Does any member of the immediate family (i.e., husband, wife, father, mother, sister, brother, son and/or daughter) of any party to the application have any interest in or connection with any other broadcast station, pending broadcast application, or daily newspaper in the same area?
Yes No
For purposes of this policy, a low power FM and a full-service broadcast station are in the same area if the entire proposed area of service of the low power FM station is encompassed by the full-service station's principal community coverage contour (2 mV/m contour for AM stations; 1 mV/m (60 dBu) for FM stations, including FM translator stations and FM booster stations; Grade A contour for TV stations, including TV translator stations and LPTV stations). A low power FM station and a daily newspaper are in the same area if the low power FM station's proposed area of service encompasses the entire community in which the daily newspaper is published. (A daily newspaper is one that is published four or more days per week, is in the dominant language in the market, and is circulated generally in the community of publication. A college newspaper is not considered to be circulated generally. See 47 C.F.R. Section 73.3555(d) and Note 6.) Two low power FM stations are considered to be in the same area if their transmitting antennas are located within seven miles of one another. If the answer to the above-stated question is "Yes," answer the following questions for each such relationship: 1. Has the family member who is not included as a party to the application been involved in negotiations for the construction of the station? Has the family member who is not included as a party to the application provided financing or otherwise been involved in the process of making financial arrangements for the construction of the station? Is this the first broadcast ownership interest of the family member who is a party to the application? Are the family members involved together in the management or operation of any other media
Yes No
2.
Yes
No
3. 4.
Yes Yes
No No
5.
Are there any agreements, arrangements or understandings, either written or oral, between the family members with same-area media interests for the participation of one family member in the financial affairs, commercial practices, programming, or employment practices of the other family member's media entity. Consider, for example, joint sales agreements, local marketing agreements, and arrangements to share facilities or personnel.
Yes
No
If the applicant answers "No" to questions 1 through 5 above, the applicant may conclude that it is in compliance with the Commission's policies relating to media interests of immediate family members. If the applicant answers "Yes" to any one of questions 1 through 5 above, the applicant must answer "No" to Section II, Question 5c of FCC Form 318, and must submit an explanatory exhibit providing a detailed statement regarding the business or media relationship involved between family members.
FCC 318 Worksheet 1a June 2008
WORKSHEET #1b - INVESTOR INSULATION AND NON-PARTY INFLUENCE OVER ASSIGNEE/APPLICANT This section of the worksheet may be used in connection with Section II, question 5d of FCC Form 318, which requires the applicant to certify that it complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors. See Review of the Commission's Regulations and Policies Affecting Investment in the Broadcast Industry, 14 FCC Rcd 12559 (1999). It indicates the kinds of contractual relationships that may, in the Commission's view, exceed the authority of a properly insulated investor or demonstrate some indicia of de facto control by a creditor. I. Investor Insulation If an applicant is a limited partnership or a limited liability company ("LLC") that seeks to insulate partners or members in accordance with the Commission's attribution rules, the applicant shall ensure that each such limited partner or LLC member is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership or LLC. To ensure that each such limited partner or LLC member is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership or LLC, the applicant must answer the following inquiries. Do the limited partnership or LLC enabling documents: a. specify that any exempt limited partner/LLC member (if not a natural person, its directors, officers, partners, etc.) cannot act as an employee of the limited partnership/LLC member if his or her functions, directly or indirectly, relate to the media enterprises of such entity? bar any exempt limited partner/LLC from serving, in any material capacity, as an independent contractor or agent with respect to the partnership/LLC's media enterprises? restrict any exempt limited partner/LLC member from communicating with the limited partnership/LLC, the general partner, or any LLC management committee on matters pertaining to the day-to-day operations of its business? empower the general partner/LLC management committee to veto any admissions of additional general partners/LLC members admitted by vote of the exempt limited partners/LLC members? prohibit any exempt limited partner/LLC member from voting on the removal of a general partner/LLC member or limit this right to situations where the general partner/LLC member is (i) subject to bankruptcy proceedings, as described in Section 402(4)-(5) of the Revised Uniform Limited Partnership Act, (ii) is adjudicated incompetent by a court of competent jurisdiction, or (iii) is removed for cause, as determined by an independent party? bar any exempt limited partner/LLC member from performing any services to the limited partnership/LLC materially relating to its media activities, with the exception of making loans to, or acting as a surety for, the business? state, in express terms, that any exempt limited partner/LLC member is prohibited from becoming actively involved in the management or operation of the media businesses of the limited partnership/LLC?
Yes No
b.
Yes
No
c.
Yes
No
d.
Yes
No
e.
Yes
No
f.
Yes
No
g.
Yes
No
If the answer is "Yes" to each of these conditions with regard to every limited partner and LLC member that the applicant seeks to insulate and the relevant state statute authorizing the LLC permits a LLC member to insulate itself in accordance with the Commission's criteria, the applicant may certify that it complies with the Commission's restrictions regarding insulation of non-party investors. If "No" to the foregoing, the applicant must respond "No" to Section II, Item 5d of FCC Form 318 and submit an explanatory exhibit detailing the rights of any non-party investor and setting forth the applicant's reasons for not treating the investor as a party to the application.
FCC 318 Worksheet 1b June 2008
II. Non-Party Influence Over Applicant A. Non-party investors, i.e., investors with nonattributable interests, may have very limited powers over the operations of a licensee. Accordingly, with respect to any agreement, arrangement or understanding involving insulated parties or other investors with nonattributable interests, including creditors, secured parties, program suppliers, and any other persons not disclosed as parties to this application, does such agreement: 1. give any non-party investor the right to vote on any matters decided by the applicant's board of directors, partnership committee or other management group; give any non-party investor the right to attend, or appoint an observer to attend, applicant board, partnership or other management meetings; place any limitation on applicant programming discretion; give any non-party investor the right to vote on, approve or restrict applicant's actions on any matter relating to programming, personnel or finances; give any non-party creditor or any bond, debenture or warrant holder the right to vote on, approve or restrict the applicant's actions on any matter relating to programming, personnel or finances; give any non-party investor that holds a non-voting convertible interest the right to convert such an interest and acquire control of the applicant based on the applicant's actions relating to programming, personnel and finances; give any non-party investor, creditor, or bond, debenture or warrant holder the right to vote on, approve or deny the selection or removal of a general partner of an applicant partnership or a member of the applicant's governing body; and give any non-party investor, creditor, or bond, debenture or warrant holder the right to convert, tender or require the tendering of stock pursuant to a put-or-call agreement based on the actions of the applicant relating to programming, personnel or financing.
Yes No
2.
Yes
No
3. 4.
Yes Yes
No No
5.
Yes
No
6.
Yes
No
7.
Yes
No
8.
Yes
No
If the answer to all of these conditions is "No" with regard to every non-party investor and creditor, and there are no other provisions that cede de facto control to a non-party, applicant may certify that it complies with the Commission's restrictions regarding non-participation of non-party investors and creditors. If the answer to any of these inquiries is "Yes," the applicant must respond "No" to Section II, Item 5d of FCC Form 318 and submit an exhibit detailing the rights of any non-party investor and setting forth the applicant's reasons for not treating the investor as a party to the application. B. With respect to any loan agreement, has the applicant ensured that such agreement: 1. includes an unconditional promise by the applicant to pay on demand or on a specific date a sum certain; contains a fixed or defined variable rate of interest on the loan; and does not prohibit the redemption of the loan by the applicant, or permit redemption at the option of the lender only?
Yes
No
Yes
No
2. 3.
Yes Yes
No No
If the answer to each of these inquiries is "Yes," and if there are no other provisions that may give non-party investors control, the applicant may conclude that it complies with the Commission's restrictions regarding non-participation of non-party investors and creditors. If not, the applicant must respond "No" to Section II, Item 5d of FCC Form 318 and submit an exhibit detailing the rights of the lender and the obligations of the applicant for each loan agreement.
FCC 318 Worksheet 1b (Page 2) June 2008
Federal Communications Commission Washington, D. C. 20554
Approved by OMB 3060-0920
FCC 318
APPLICATION FOR CONSTRUCTION PERMIT FOR A LOW POWER FM BROADCAST STATION
Section I - General Information Legal Name of the Applicant 1.
FOR FCC USE ONLY
FOR COMMISSION USE ONLY FILE NO.
Mailing Address
City
State or Country (if foreign address)
ZIP Code
Telephone Number (include area code)
E-Mail Address (if available)
Call Sign
Facility ID Number
2.
Contact Representative (if other than applicant)
Firm or Company Name
Mailing Address City Telephone Number (include area code) State or Country (if foreign address) E-Mail Address (if available) ZIP Code
3.
Application Purpose. New station Major change in licensed facility Minor change in licensed facility Major modification of construction permit Minor modification of construction permit Amendment to pending application
a. File number of original construction permit: b. Station location: City State
N/A
If an amendment, submit as an Exhibit a listing by section and question number of the portions of the pending application that are being revised.
Exhibit No.
FCC Form 318 June 2008
NOTE: The failure to include an explanatory exhibit providing full particulars in connection with a ''No'' response may result in dismissal of the application. See General Instructions, Paragraph I for additional information regarding the completion of explanatory exhibits. Section II - Legal New LPFM station applicants must complete all questions in Section II. Major and minor change applicants must complete only questions 1, 4, 6, 7 and 9. 1. Certification. Applicant certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Applicant further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application, instructions, and worksheets. Eligibility. Each applicant must answer ''Yes'' to one and ''No'' to two of the three following certifications. An applicant should not submit an explanatory exhibit in connection with these Question 2 ''No'' responses. The applicant certifies that: a. b. c. it is a nonprofit educational institution; or it is a nonprofit educational organization; or it proposes a noncommercial public safety radio service to protect the safety of life, health or property.
Yes Yes Yes No No No Yes No
2.
If the answer to 2c is ''Yes,'' and the applicant is submitting multiple applications, is this ''priority'' application? See Creation of a Low Power Radio Service, application a Memorandum Opinion and Order in MM Docket No. 99-25, FCC 00-349 at paragraphs 79-80 (released September 28, 2000). Note: Applicants that answer ''Yes'' to 2a., 2b. or 2c. must include an exhibit that describes the applicant's educational or public safety radio program and how its proposed station will be used to advance its educational program or to protect the safety of life, health or property. The exhibit should include the state and date of applicant's incorporation.
Yes N/A
No
Exhibit No.
3.
Parties to the Application. a. List separately each party to the application including, as applicable, the applicant, its officers, directors, five percent or greater stockholders, non-insulated partners, members, and all other persons and entities with attributable interests. If a corporation or partnership holds an attributable interest in the applicant, list separately, as applicable, its officers, directors, five percent or greater stockholders, non-insulated partners, and board members. Create a separate row for each individual or entity. Attach additional pages if necessary. (1) Name and address of party. (2) Citizenship. (3) Positional Interest: Officer, director, general partner, limited partner, LLC member, or investor/creditor attributable under the Commission's equity/debt plus standard. (4) Percentage of votes. (5) Percentage of total assets (equity plus debt).
FCC Form 318 (Page 2) June 2008
(1)
(2)
(3)
(4)
(5)
b.
Applicant certifies that equity and financial interests not set forth above are non-attributable.
Yes N/A
No
See Explanation in Exhibit No.
4.
Community-Based Criteria. The applicant certifies that: a. it is a nonprofit educational institution or organization that is physically headquartered or has a campus within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, and 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application; it is a nonprofit educational institution or organization that has 75 percent of its board members residing within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, and 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application; or it proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station.
Yes No
b.
Yes
No
c.
Yes
No
Note: An applicant should not submit an explanatory exhibit in connection with these Question 4 ''No'' responses.
5.
Ownership. The applicant certifies, based on its completion of Worksheet I and its review of the instructions to this application, that: a. no party to this application has an attributable interest in any other low power FM broadcast station; b. 1. no party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's broadcast ownership restrictions;
Yes No
Yes
No
See Explanation in Exhibit No.
2. no party to this application has pending an application for a low power FM, full power AM or FM station, FM translator station, or full or low power television stations; c. the applicant is in compliance with the Commission's policies relating to media interests of immediate family members; and d. the applicant is in compliance with the Commission's policies relating to investor insulation and the non-participation of non-party investors and creditors.
Yes
No
Yes
No
Yes
No
FCC Form 318 (Page 3) June 2008
6.
Character Issues. The applicant certifies that neither the applicant nor any party to the application has or has had any interest in, or connection with: a. any broadcast application in any proceeding where character issues were left unresolved or were resolved adversely against the applicant or party to the application; or any pending broadcast application in which character issues have been raised.
Yes
No
See Explanation in Exhibit No.
b. 7.
Adverse Findings. The applicant certifies that no adverse finding has been made and no adverse final action has been taken by any court or administrative body as to the applicant, any party to this application, or any non-party equity owner in the applicant, in a civil or criminal proceeding brought under the provisions of any law related to the following: any felony; mass media related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination? If the answer is ''No,'' attach as an Exhibit a full disclosure concerning the persons and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), and a description of the disposition of the matter. Where the requisite information has been earlier disclosed in connection with another application or as required by 47 C.F.R. Section 1.65, the applicant need only provide: (i) an identification of that previous submission by reference to the file number in the case of an application, the call letters of the station regarding which the application or Section 1.65 information was filed, and the date of filing; and (ii) the disposition of the previously reported matter.
Yes
No
Exhibit No.
8.
Unlicensed Operation. The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. Anti-Drug Abuse Act Certification. Applicant certifies that neither the applicant nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.
Yes
No
9.
Yes
No
FCC Form 318 (Page 4) June 2008
Section III - Point System Factors New station and major change applicants must complete the following questions. Point system factors are used only for selection among mutually exclusive applications for new LPFM stations and major modifications of authorized LPFM stations. Mutually exclusive applicants will be awarded one point for each of the following: 1. Established community presence a. Educational Institutions and Organizations. The applicant certifies that, for a period of at least two years prior to the date of this application, it has existed as an educational institution or organization and has been physically headquartered, has had a campus, or has had seventy-five percent of its board members residing within 10 miles of the coordinates of the proposed transmitting antenna. An applicant claiming a point under factor 1a. must submit an exhibit documenting its established community presence. See instructions. b. Public Safety Radio Service. The applicant certifies that, for a period of at least two years prior to the date of this application, it has had jurisdiction within the service area of the proposed public safety radio service LPFM station. 2. Proposed operating hours. The applicant pledges to operate the proposed station for at least 12 hours per day. Local program origination. The applicant pledges to originate locally at least eight hours of programming per day. Note: For purposes of this factor, local origination is the production of programming within I 0 miles of the coordinates of the proposed transmitting antenna.
Yes No
Yes
No
Exhibit No.
Yes
No
3.
Yes
No
Section IV - Certification The applicant certifies that the statements in this application are true, complete, and correct to the best of its knowledge and belief, and are made in good faith. The applicant acknowledges that all certifications and attached Exhibits are considered material representations. The applicant acknowledges that the submission of false or misleading statements will subject the applicant to fines, revocation of license(s), and applicable criminal penalties. The applicant hereby waives any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by licensee or otherwise, and requests an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)
Typed or Printed Name of Person Signing
Typed or Printed Title of Person Signing
Signature
Date
FCC Form 318 (Page 5) June 2008
Section V - LPFM Engineering TECHNICAL SPECIFICATIONS Applicants must list technical specifications accurately. Contradictory data found elsewhere in this application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.
TECH BOX
1.
Class: Channel:
LP100
LP10
2. 3.
Antenna Location Coordinates: (NAD 27) 0 '
0
" " N E S Latitude W Longitude
'
4.
Antenna Structure Registration Number: Not applicable FAA Notification Filed with FAA meters meters meters
Yes No
5. 6. 7. 8.
Antenna Location Site Elevation Above Mean Sea Level: Overall Tower Height Above Ground Level: Height of Antenna Radiation Center Above Ground Level:
Power and height limitations. By checking ''Yes'', the applicant acknowledges that it will be authorized to operate within the parameters defined in 47 C.F.R. Section 73.81 1 as calculated based on the data specified herein.
An explanatory exhibit providing full particulars must be submitted for each question for which a ''No'' response is
9.
a. Interference. The applicant certifies that the proposed facility complies with all pertinent distance separation requirements of 47 C.F.R. Section 73.807. Note: New station applications that fail to meet all Section 73.807 separation requirements will be returned and not provided an opportunity to file a curative amendment. b. Short-Spaced Stations. Major and minor change applicants responding ''No'' to Question 9a. must answer Question 9b. The applicant certifies that the proposed facility modification complies with 47 C.F.R. Section 73.807(f).
Yes
No
Yes N/A Yes N/A
No
See Explanation in Exhibit No.
10.
TV Channel 6 Interference (Channel 201-220). The applicant certifies that the proposed facility complies with 47 C.F.R. Section 73.825. National Environmental Policy Act. The applicant certifies, based on its completion of Worksheets 2 and 3 and its review of the instructions to this application, that the proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the attached General Environmental and RF Exposure Worksheets, an Exhibit is required.
No
See Explanation in Exhibit No.
11.
Yes
No
See Explanation in Exhibit No.
THE FOLLOWING PREPARER'S CERTIFICATION MUST BE COMPLETED AND SIGNED.
FCC Form 318 (Page 6) June 2008
PREPARER'S CERTIFICATION I certify that I have prepared Section V (Engineering Data) on behalf of the applicant, and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief.
Name Relationship to Applicant (e.g., Consulting Engineer)
Signature
Date
Mailing Address City Telephone Number (include area code) State or Country (if foreign address) E-Mail Address (if available) ZIP Code
WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
FCC Form 318 (Page 7) June 2008
Free 318 - Federal
| File Size: | 141.8 kB |
| Pages: | 21 |
| Date: | July 11, 2008 |
| File Format: | |
| State: | Federal |
| Category: | Government |
| Author: | Antoine.Green |
| Word Count: | 12,732 Words, 82,865 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
http://www.fcc.gov/Forms/Form318/318.pdf |
| Download 318 ( 141.8 kB) |
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