Federal Communications Commission Washington, D.C. 20554
Approved by OMB 3060-0029
INSTRUCTIONS FOR FCC 349 APPLICATION FOR AUTHORITY TO CONSTRUCT OR MAKE CHANGES IN AN FM TRANSLATOR OR FM BOOSTER STATION
GENERAL INSTRUCTIONS A. When to Use this Form. This FCC Form is to be used to apply for authority to construct a new FM translator or booster broadcast station, or to make changes in the existing facilities of such stations. In the case of new station and major modification proposals on channels in the non-reserved portion of the FM Band, this application is filed by either the successful bidder at a broadcast frequency auction or by an applicant proposing facilities that are not mutually exclusive with any other application filed during the same window and thus not subject to the Commission's comparative bidding procedures. The form consists of the following sections: General Information Legal Qualifications Preparer's Certification (for preparer of engineering sections of the application) III-A Engineering Data IV. Point System (Noncommercial Educational) Applicants must complete Sections I, II and III of this application. However, in Section II, an applicant for minor change in facilities need fill out only Items 1, 3, 4, and 5. In Section II, an applicant for major change in facilities need fill out only Items 1, 3, 4, 5, 11, and 12. Applicants for new or major changes to stations operating on channels reserved for noncommercial educational use only (i.e., FM channels 200-220) must submit Section IV as well. B. FCC Rules. This application form makes many references to FCC 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.): (1) (2) (3) (4) Part 0 Part 1 Part 73 Part 74 "Commission Organization" "Practice and Procedure" "Radio Broadcast Services" "Experimental, Auxiliary, and Special Broadcast and Other Program Distributional Services" I. II. III. New Orders, P.O. Box 371954, Pittsburgh, PA 152507954. C. Electronic Filing of Application Forms. The Commission is currently developing electronic versions of various broadcast station application and reporting forms, such as this application form. As each application form and report goes online, the Commission will by Public Notice announce its availability and the procedures to be followed for accessing and filing the application form or report electronically via the Internet. For a six-month period following the issuance of the Public Notice, the subject application form or report can be filed with the Commission either electronically or in a paper format. Electronic filing will become mandatory, on a form-byform basis, six months after each application form or report becomes available for filing electronically. D. Paper Filing of Application Forms. Applicants that prepare this application in paper form should file an original and two copies of this application and all exhibits. Applicants should follow the procedures set forth in Part 0 and Part 74 of the Commission's Rules. Amendments to previously filed applications should be prepared and submitted in original and two copies, signed in the same manner as the original application, and should contain the following information to identify the associated application: (1) (2) (3) (4) (5) (6) (7) Applicant's name. Call letters or specify "NEW" station. Channel number. Community of license. File number of application being amended (if known). Date of filing of application being amended (if file number is not known). Facility ID Number.
E. Public Notice Requirements. (1) 47 C.F.R. Section 73.3580 requires that applicants for construction permits for new FM translator or FM booster stations and for major change in existing FM translator or FM booster facilities (as defined in 47 C.F.R. Section 74.1233(a)(1)) give local notice in a newspaper of general circulation in the community to which the station is licensed. This publication requirement also applies with respect to major amendments. See 47 C.F.R. Section 73.3580(g).
FCC Rules may be purchased from the Government Printing Office (GPO). Current prices may be obtained from the GPO Customer Service Desk at (202) 512-1803. For payment by credit card, call (202) 512-1800, 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:
All previous editions obsolete.
FCC 349 Instructions February 2006
(2)
Completion of publication must occur immediately after the tendering for filing of the application or amendment, or immediately following notification to the applicant by the FCC that public notice is required. Compliance or intent to comply with the public notice requirements must be certified by the applicant in this application. The required content of the local notice is described in Paragraph (g) of 47 C.F.R. Section 73.3580; Worksheet #1 attached to these instructions provides additional guidance. Proof of publication need not be filed with this application.
J.
F.
Public Inspection File. A copy of the completed application and all related documents shall be made available for inspection by the public. The station records should be maintained at an accessible location in one of the communities of license of the translator or booster, except that the station records of a translator or booster owned by the licensee of the primary station rebroadcast may be kept at the same place where the primary station's records are kept. See 47 C.F.R. Sections 74.1281, 73.1125.
Exhibits. 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 constitutes a material representation. Applicants may only 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. Thus, a "No" response to a certification item will not cause the immediate dismissal of the application if this form provides an "Exhibit Box" for the item, indicating that filing an exhibit is acceptable, and if an appropriate exhibit is submitted.
G. Defective Applications. Applicants should provide all information requested by this application. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. H. 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 FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. Worksheets and Certifications. This application requires applicants to certify compliance with many statutory and regulatory requirements. Detailed instructions and 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. They are not intended to be a substitute for familiarity with the Communications Act and the Commission's regulations, policies, and precedent. While applicants are required to review all application instructions and worksheets, they are generally not required to complete or retain any documentation created or collected to complete the application. Applicants who claim points in Section IV, however, have different requirements, as explained in Section IV.
K. Financial Qualifications. Applicants are not required to certify as to their financial qualifications on FCC Form 349. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Fixed Service Licenses, 13 FCC Rcd 15920, 15989 (1998) ("Auctions Order"). Nevertheless, the Commission's substantive financial qualification requirements are unchanged. All applicants for new broadcast facilities must have reasonable assurance of committed financing sufficient to construct the proposed facility and operate it for three months without revenue at the time they file the FCC Form 349. See Liberty Productions, 7 FCC Rcd 7581, 7584 (1992); Merrimack Valley Broadcasting, Inc., 82 FCC 2d 166, 167 (1980). L. Site Certification. Applicants filing this FCC Form 349 also are not required to certify that the site specified in FCC Form 349 is available for its intended use. See Auctions Order, 13 FCC Rcd at 15988. Nevertheless, the Commission's substantive site availability requirements are unchanged. All applicants for broadcast facilities must have a reasonable assurance that the specified site will be available at the time they file FCC Form 349. See William F. and Anne K. Wallace, 49 FCC 2d 1424, 1427 (Rev. Bd. 1989); Genesee Communications, Inc., 3 FCC Rcd 3595 (1988); National Innovative Programming Network, 2 FCC Rcd 5641 (1987). The applicant, or the applicant's M. Signatures. authorized representative, must sign the application. Depending on the nature of the applicant, the application should be signed as follows: if a sole proprietorship, personally; if a partnership, by a general partner; if a corporation, by an officer; for an unincorporated association, by a member who is an 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. See Report
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and Order in MM Docket No. 98-43, 13 FCC Rcd 23,056, 23,064 (1998).
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A. Item 1: Applicant Name. The name of the applicant must be stated exactly in Item 1. If the applicant is a corporation, the applicant should list the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer, his/her office, and the name of the association; and, if an individual applicant, the person's full legal name. Applicants should use only those state abbreviations approved by the U.S. Postal Service. Facility ID Number. Radio and TV Facility ID Numbers can be obtained at the FCC's Internet Website 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: Radio -202-418-2700, TV 202-418-1600. Further, the Facility ID Number is now included on all Radio and TV authorizations and postcards. B. Item 2: Contact Representative. If the applicant is represented by a third party (for example, legal counsel), that person's name, firm or company, and telephone/electronic mail address may be specified in Item 2. C. Item 3: Fees. The Commission is statutorily required to collect charges for certain regulatory services to the public. Generally, applicants seeking authority to construct a new broadcast station or modify an outstanding authorization are required to submit a fee with the filing of FCC Form 349. Government entities, however, are exempt from this fee requirement. Exempt entities include possessions, states, cities, counties, towns, villages, municipal organizations, and political organizations or subparts thereof governed by elected or appointed officials exercising sovereign direction over communities or governmental programs. Also exempt are full-service noncommercial educational radio and TV broadcast licensees and permittees, provided that the proposed facility will be operated noncommercially. See 47 C.F.R. Section 1.1114. When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington, D.C. offices. See 47 C.F.R. Section 0.401(a). Fee-exempt applications should not be sent to the Mellon Bank Lockbox; so doing will result in a delay in processing the application.
The Commission's fee collection program utilizes a U.S. Treasury lockbox bank for maximum efficiency of collection and processing. Prior to the institution of electronic filing procedures, all FCC Form 349 applications requiring the remittance of a fee, or for which a waiver or deferral from the fee requirement is requested, must be submitted to the appropriate post office box address. See 47 C.F.R. Section 0.401(b). A listing of the required fee and the address to which FCC Form 349 should be mailed or otherwise delivered are also set forth in the "Media Services Fee Filing Guide." This document can be obtained either by writing to the Commission's Forms Distribution Center, 9300 E. Hampton Drive, Capitol Heights, Maryland 20743, or by calling 1-800-418-FORM and leaving a request on the answering machine provided for this purpose. See also 47 C.F.R. Section 1.1104. The Fee Filing Guide also contains a list of the Fee Type Codes needed to complete this application. Payment of any required fee must be made by check, bank draft, money order, or credit card. If payment is made by check, bank draft, or money order, the remittance must be denominated in U.S. dollars, drawn upon a U.S. institution, and made payable to the Federal Communications Commission. No postdated, altered, or third-party checks will be accepted. DO NOT SEND CASH. Additionally, checks dated six months or older will not be accepted. FCC Form 159 must be submitted with any application subject to a fee received at the Commission. Procedures for payment of application fees when applications are filed electronically can be found by clicking on the CDBS link to the Electronic Filing Introductory page on the Media Bureau's Home Page website at www.fcc.gov/mb. Payment of application fees may also be made by Electronic Payment prior to the institution of electronic filing procedures, provided that prior approval has been obtained from the Commission. Applicants interested in this option must first contact the Billings and Collections Branch at (202) 418-1995 to make the necessary arrangements. Applicants hand-delivering FCC Forms 349 may receive dated receipt copies by presenting copies of the applications to the acceptance clerk at the time of delivery. For mailedin applications, a "return copy" of the application should be furnished and clearly marked as a "return copy." The applicant should attach this copy to a stamped, selfaddressed envelope. Only one piece of paper per application will be stamped for receipt purposes. For further information regarding the applicability of a fee, the amount of the fee, or the payment of the fee, applicants should consult the "Media Services Fee Filing Guide." D. Item 4: Facility Information. This question asks that the
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applicant specify whether it is applying for an FM translator or an FM booster station as well as the community or communities to which the proposed station will be licensed. E. Item 5: Purpose of Application. This question requires that the applicant identify the purpose of the application and provide certain identifying information for the facilities proposed in the FCC Form 349. NOTE: In this question, the applicant should specify whether the filing will constitute a "minor" change application/amendment or a "major" change application/ amendment. In the case of FM Translator stations, a "major" amendment is any change in frequency (output channel) except changes to first, second or third adjacent channels, or intermediate frequency channels, and any change in antenna location where the station would not continue to provide 1 mV/m service to some portion of its previously authorized 1 mV/m service area. All other changes will be considered minor.
connected parties include, but are not limited to, group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members, and business associates. "Business associates" has been defined to include a situation in which one of the translator principals owns or works for a business that advertises on the primary station. Letter to Mr. Eric Redd and Christopher D. Imlay, Esq., DA 98-876, 13 FCC Rcd 25,188 (M.M. Bur. 1998). The underlying rationale for this prohibition has been to prevent FM station licensees from using FM translators as a competitive means for extending their stations' service areas. NOTE: Section 74.1232(d) does not apply to FM translator applicants proposing noncommercial educational operation. In situations where a licensee establishes that the proposed facility's service contour will include a substantial amount of "white area," the Commission may grant requests for waiver of Section 74.1232(d). The Commission has defined a "white area" as any area outside the coverage contour of any full-time aural service. In order for licensees of commercial primary stations to have an interest in or connection with translators serving such areas, the Commission requires a showing of a lack of service in accordance with the stated "white area" definition. See Report and Order in MM Docket No. 88-140, 5 FCC Rcd 7212, 7216 (1990); Kevin C. Boyle, Esq., 11 FCC Rcd 2348 (M.M. Bur. 1996). Accordingly, part "a" of this question asks the applicant to certify that the FM translator applicant is not also the licensee or permittee of the commercial primary station to be rebroadcast and that none of the principals in the FM translator applicant have any interest in or connection with the primary station. If there is any interest or connection whatever, the applicant must answer "No" to this question. The applicant may then disclose or describe the relationship or connection in an appropriate Exhibit. Part "b" of this question asks the applicant to certify that the coverage contour of the translator station would not extend beyond the protected contour of the commercial primary station to be rebroadcast. For purposes of this question, the "protected coverage contour" is: Non-reserved band Contour Class B Stations Non-reserved band Contour Class B1 Stations All other FM Station Classes 0.5 mV/m; 54 dBu (50, 50)
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A. Item 1: Certification. Each applicant is responsible for the information that the application instructions and worksheets convey. As a key element in the Commission's streamlined licensing process, a certification that these materials have been reviewed and that each question response is based on the applicant's review is required. B. Item 2: Organization of Applicant. This question asks the applicant to specify its organizational structure. If the applicant's structure fits none of the categories of business entities enumerated, the applicant must check the box marked "Other" and attach an exhibit describing in detail its organizational structure. C. Item 3: Compliance with 47 C.F.R. Section 74.1232(d). This two-part question relates to the applicant's compliance with the restrictions on FM translator operation adopted by the Commission in MM Docket No. 88-140. In that rulemaking proceeding, the Commission tightened and/or clarified several technical and operational requirements for FM translator stations after affirming that the proper role for that service was to supplement the service provided by full-service FM radio broadcast stations. The amended regulations prohibit the licensee of a commercial FM station that will be rebroadcast, or any entity "having any interest whatsoever [in] or any connection with" the licensee of such a "primary" station, from owning an FM translator that will operate outside the protected service contour of that primary station. Because of the potential for abuse, the Commission intended this restriction to be read very broadly. Report and Order in MM Docket No. 88140, 5 FCC Rcd at 7244, note 25 (1990). Therefore, pursuant to 47 C.F.R. §74.1232(d), interested and
0.7 mV/m; 57 dBu (50, 50)
1 mV/m; 60 dBu (50, 50) Contour
If the answer to both "a" and "b" is "No" and no waiver has
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been justified, the application will be dismissed as unacceptable for filing under 47 C.F.R. Sections 73.3566(a) and 74.1232(d). Applicants for FM booster stations, as well as applicants proposing noncommercial educational translator operation, should mark "N/A" to both parts of this question. D. Item 4: Compliance with 47 C.F.R. Section 74.1232(e). This question requires the FM translator applicant to certify that it complies with the rule regarding financial and technical assistance from the primary station to be rebroadcast, which rule also was adopted by the Commission in MM Docket No. 88-140. Applicants proposing FM translator operation for which the translator contour extends beyond the protected contour of the commercial primary station to be rebroadcast may not "receive any support, either directly or indirectly, from the commercial primary FM radio broadcast station" or from any entity "having any interest whatsoever [in] or any connection with" the licensee of such a commercial primary station. See 47 C.F.R Section 74.1232(e). Pursuant to 47 C.F.R. §74.1232(e), "[i]nterested and connected parties" include but are not limited to group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members, and business associates. This provision is to be interpreted very broadly. Report and Order in MM Docket No. 88-140, 5 FCC Rcd at 7244, note 25 (1990). "Business associates" has been defined to include a situation in which one of the translator principals owns or works for a business that advertises on the primary station. Letter to Mr. Eric Redd and Christopher D. Imlay, Esq., DA 98-876 13 FCC Rcd 25,188 (M.M. Bur. 1998). Notwithstanding these restrictions, FM translators may receive "technical assistance" from the commercial primary station to the extent of installing or repairing equipment or making adjustments to equipment to ensure compliance with the terms of the translator operator's construction permit and license. "Technical assistance" here refers to actual services provided by the primary station's technical staff or compensation for the time and services provided by independent engineering personnel. It does not include the provision of equipment for the translator's operation or direct funding for the translator operator's discretionary use. Furthermore, such technical assistance must occur after the issuance of the translator's construction permit or license in order to meet expenses incurred by installing, repairing, or making adjustments to equipment. Thus, applicants for new FM translator stations may not be promised or receive financial or technical assistance during the application process from the commercial primary station or any person interested in or connected with that station. Memorandum Opinion and Order in MM Docket No. 88-140, 8 FCC Rcd 5093, 5096 (1993).
from the primary station or any party interested in or connected to that station: (1) financial support; (2) technical support over and above what is specified in Section 74.1232(e); or (3) technical assistance of any sort prior to grant of the requested permit, it should answer "No" to this question and provide all pertinent details and, if necessary, request a waiver in the appropriate Exhibit. Applicants for FM booster stations, as well as applicants proposing noncommercial educational translator operation, should mark "N/A" to this question. E. Item 5: Rebroadcast Certification. An FM Translator operator proposing to rebroadcast the signal of a primary station which it does not own must obtain written permission of that station prior to retransmission of that signal. See 47 C.F.R. Section 74.1284. Item 5 requires the applicant to certify that such authority has been received. Additionally, the Commission must be notified of the call letters of each station rebroadcast, as well as any changes in primary stations. For purposes of this item, "rebroadcast" means the reception by radio of the programs or other signals of a radio or television station and the simultaneous or subsequent retransmission of such program or signals for direct reception by the general public. See Section 74.1284(a). FM translator applicants proposing to rebroadcast the signal of stations that they own, as well as applicants for FM booster stations, should mark the box labelled "N/A." F. Items 6 and 7: Character Issues/Adverse Findings. Item 6 requires the 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. An applicant must disclose in response to Item 7 whether the applicant or any party to the application has been the subject of a final adverse finding with respect to certain relevant non-broadcast matters. The Commission's character policies and litigation reporting requirements for broadcast applicants focus on misconduct which violates the Communications Act or a Commission rule or policy and on certain specified non-FCC misconduct. In responding to Items 6 and 7, applicants should review the Commission's character qualifications policies, which are fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985), reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd 3252 (1990) and 7 FCC Rcd 6564 (1992). Where the response to Item 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 interest or connection, including relevant dates. The applicant should also fully
If the translator applicant is receiving or has been promised
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explain why the unresolved character issue is not an impediment to a grant of this application. In responding to Item 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 station 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 applicant may respond "Yes" to this item. 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 Item 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. The applicant should also fully explain why the adverse finding is not an impediment to a grant of this application. NOTE: As used in this question, 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 confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. See 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999, on reconsideration, FCC 00-438, released January 19, 2001. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986). General guidelines are set forth below. INVESTORS AND CREDITORS: Certain interests held by substantial investors in, or creditors of, the applicant may be attributable and the investor reportable as a party to the application, if the interest falls within 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 also 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, the equity interest of an insulated limited partner in a limited partnership applicant would normally not be considered attributable. However, under the EDP standard, that interest would be attributable if the limited partner's interest exceeded 33% of the applicant's total asset value AND the limited partner also held a 5% voting interest in a radio or television station licensee in the same market. INDIVIDUAL APPLICANT: The natural person seeking to hold in his or her own right the authorization specified in this application is a party to the application. PARTNERSHIP APPLICANT: Each partner, including all limited partners may be parties to the application. However, a limited partner in a limited partnership is not considered a party to the application IF the limited partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership. Sufficient insulation of a limited partner for purposes of this certification would be assured if the limited partnership arrangement: (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; 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;
(2)
(3)
(4)
(5)
(6)
bars any exempt limited partner from performing
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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 (7) 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.
therefore, are considered parties to this application. In applying the multiplier in this context, 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 not insulated, regardless of the partnership interest, is considered a party to the application. Stock subject to stockholder cooperative voting agreements accounting for 5% 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. If a single entity holds more than 50% of the voting stock and a simple majority is all that is required to control corporate affairs, and minority interest was acquired before December 14, 2000, no other stockholder need be reported, unless that entity's interest is attributable under the Commission's Equity/Debt Plus attribution standard described above. If the minority interest was acquired on or after December 14, 2000, it must be reported. An investment company, insurance company or trust department of a bank is not considered a party to this application, IF its aggregated holding accounts for less than 20% of the outstanding votes in the applicant AND IF: (1) (2) 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.
Notwithstanding conformance of the partnership agreement to these criteria, however, the requisite certification cannot be made IF the limited partner's interest is attributable under the Commission's Equity/Debt Plus attribution standard described below; or IF the respondent 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 respondent cannot certify as to the noninvolvement of a limited partner, the limited partner will be considered as a holder of an attributable interest. LIMITED LIABILITY COMPANY APPLICANT: The Commission treats a LLC as a limited partnership, each of whose members is considered to be a party to the application. However, where a 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 a LLC member to insulate itself in accordance with the Commission's criteria, that LLC member is not considered a party to the application. CORPORATE APPLICANT: Each officer, director and owner of stock accounting for 5% or more of the issued and outstanding voting stock of the applicant is considered a party to the application. Where the 5% 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,
ANY OTHER APPLICANT: Each executive officer, member of the governing board and owner or holder of 5% or more of the votes in the applicant is considered a party to the application. G. Item 8: Alien Ownership and Control. All applications must comply with Section 310 of the Communications Act, as amended. Specifically, Section 310 proscribes issuance of a construction permit or station license to an alien, a representative of an alien, a foreign government or the representative thereof, or a corporation organized under the laws of a foreign government. This proscription also applies with respect to any entity of which more than 20% of the capital stock is owned or voted by aliens, their representatives, a foreign government or its representative, or an entity organized under the laws of a foreign country. The Commission may also deny a construction permit or station license to a licensee directly or indirectly controlled by another entity of which more than 25% of the capital stock is owned or voted by aliens, their representatives, a foreign government or its representative, or another entity organized under the laws of a foreign country.
Compliance with Section 310 is determined by means of a
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two-prong analysis, one pertaining to voting interests and the second to ownership interests. See, e.g., BBC License Subsidiary L.P., 10 FCC Rcd 10968 (1995). The voting interests held by aliens in a licensee through intervening domestically organized entities are determined in accordance with the multiplier guidelines for calculating indirect ownership interests in an applicant as set forth in the "Corporate Applicant" Instructions above. For example, if an alien held a 30-percent voting interest in Corporation A which, in turn, held a non-controlling 40percent voting interest in Licensee Corporation B, the alien interest in Licensee Corporation B would be calculated by multiplying the alien's interest in Corporation A by that entity's voting interest in Licensee Corporation B. The resulting voting interest (30% x 40% = 12%) would not exceed the 25% statutory benchmark. However, if Corporation A held a controlling 60% voting interest in Corporation B, the multiplier would not be utilized and the full 30 percent alien voting interest in Corporation A would be treated as a 30 percent interest in Licensee Corporation B, i.e., an impermissible 30% indirect alien voting interest in the licensee. If Partnership A held a 40% voting interest in Licensee Corporation B, that voting interest would be similarly impermissible if any general partner or any noninsulated limited partner of partnership A was an alien, regardless of his or her partnership interest. Applicants must also comply with the separate alien equity ownership benchmark restrictions of Section 310. Under the second prong of the analysis, an assignee must determine the pro rata equity holdings of any alien investor in a licensee entity or its parent. In calculating alien ownership, the same voting interest multiplier rules apply. In order to complete this two-prong analysis, an applicant must determine the citizenship of each entity holding either a voting or equity interest or explain how it determined the relevant percentages. Corporate applicants and licensees whose stock is publicly traded have employed a variety of practices, including sample surveys using a recognized statistical methodology, a separate restrictive class of stock for alien owners, and the compiling of citizenship information on each stockholder by the corporation's stock transfer agent, to ensure the accuracy and completeness of their citizenship disclosures and their continuing compliance with Section 310. H. Item 9: Programming. Applicants for broadcast construction permits need no longer file a specific program service proposal. Nevertheless, prior to making the certification called for in Item 9, the applicant should familiarize itself with its obligation to provide programming responsive to the needs and interests of the residents of its community of license. See Programming Information in Broadcast Applications, 3 FCC Rcd 5467 (1988).
General Instruction E, above, to respond to this question. J. Item 11: Auction Authorization. The Commission's Part 1 auction rules require all winning bidders for construction permits or licenses to include certain exhibits with their long-form applications. If this application is being submitted to obtain a construction permit for which the applicant was a winning bidder in an auction, then the applicant must, pursuant to 47 C.F.R. Section 73.5005(a), include an exhibit containing the information required by the following Part 1 auction rules, if applicable. (1) Section 1.2107(d) requires the applicant to provide a detailed explanation of the terms, conditions, and parties involved in any bidding consortium, joint venture, partnership, or other agreement or arrangement it had entered into relating to the competitive bidding process. See 47 C.F.R. Section 1.2107(d). Section 1.2110(i) requires applicants claiming designated entity status to describe how they satisfy the requirements for eligibility for such status, and to list and summarize all agreements that affect designated entity status, such as partnership agreements, shareholder agreements, management agreements, and any other agreements, including oral agreements, which establish that the designated entity will have both de facto and de jure control of the entity. See 47 C.F.R. Section 1.2110(i). Section 1.2112(a) requires that each long-form application fully disclose the real party or parties in interest and disclose specified ownership information, including identifying any party holding a 10 percent or greater interest in the applicant. See 47 C.F.R. Section 1.2112(a). Section 1.2112(b) requires each applicant claiming status as a "small business" to disclose specified gross revenue information; to list and summarize all agreements or instruments that support the applicant's eligibility as a small business, including the establishment of de facto and de jure control; and to list and summarize any investor protection agreements. See 47 C.F.R. Section 1.2112(b).
(2)
(3)
(4)
K. Item 12: 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 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 Item 11 constitutes a certification that neither the applicant nor any party to this
I.
Item 10: Local Public Notice. Applicants should refer to
8
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. L. Item 13. Equal Employment Opportunity Program. Applicants seeking authority to construct a new broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This program is submitted to the Commission as the Model EEO Program on FCC Form 396-A, which should be filed simultaneously with this application. If an applicant proposes to employ less than five full-time employees in its station employment unit, no EEO program for women or minorities need be filed. General guidelines for developing an Equal Employment Opportunity program are set forth in FCC Form 396-A.
"Tech Box" will be controlling. C. Notification Requirements. All applicants must comply with the requirements of 47 C.F.R. Section 73.1030. Specifically, applicants 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. The Commission need not be informed of the date of such notification.
SECTION III-A ENGINEERING A. Tech Box: The applicant must accurately specify the requested facilities in Items 1 through 10 of the Tech Box. Conflicting data found elsewhere in the application will be disregarded. All items must be completed. The response "on file" is not acceptable. The response "not applicable" is not acceptable unless otherwise noted below. Item 1: Channel. The proposed channel must be between 201 and 300. See 47 C.F.R. Section 73.201. Item 2: Primary Station. The Call Sign, City, State, and Channel of the station to be rebroadcast must be entered. Item 3: Delivery Method. The proposed signal delivery method must comply with 47 C.F.R. Section 74.1231. The restrictions are as follows: · All FM translators may retransmit the signal of a primary FM radio broadcast station or another translator which has been received over the air, converted to the authorized channel, and suitably amplified. FM translators providing "fill-in" service -- i.e., translators whose service contours are completely encompassed by the primary station's protected service contour -- may use over-the-air reception or any terrestrial facility to receive the primary signal rebroadcast. An FM booster station or a noncommercial educational FM translator station operating on a reserved channel (channels 201-220, 88.1 MHz92.1 MHz) which is owned and operated by the licensee of the primary noncommercial educational FM station being rebroadcast may use over-the-air reception as well as alternative signal delivery methods, including satellite and terrestrial microwave facilities. If the signal is to be received via another translator, indicate the call sign of that translator in the space provided.
· INSTRUCTIONS FOR SECTION III PREPARER'S CERTIFICATION AND ENGINEERING DATA A. Preparer's Certification. When someone other than the applicant has prepared the engineering section of the FCC Form 349, Section III requires that person to certify, to the best of his/her knowledge and belief, the veracity of the technical data supplied. The Section III preparer's certification on Page 3 of FCC Form 349 need not be completed if the engineering portion of the application has been prepared by the applicant. In that event, the applicant's certification on Page 3 of FCC Form 349 will encompass both the legal and engineering sections of the application. B. General Engineering Instructions for Section III-A. The engineering section contains a "Tech Box" to incorporate in one central location all critical 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
·
Item 4: Antenna Location Coordinates. The proposed
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antenna site must be specified using North American Datum 27 (NAD 27) coordinates. Coordinates read from GPS receivers must be converted to NAD 27 before use. Item 5: Antenna Structure Registration Number. Most towers greater than 61 meters (200 feet) in height, or 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 ruled on a proposed structure, indicate whether the FAA Notification has been filed with the FAA. Items 6-8: Elevation and Heights. All heights must be in meters, rounded to the nearest whole number. Item 9: Effective Radiated Power. The effective radiated power must be entered in kilowatts, and rounded pursuant to 47 C.F.R. Section 73.212. Item 10: Transmitting Antenna. All applicants must indicate what type of antenna is to be used, along with the antenna manufacturer and model number. Applicants proposing a directional antenna must specify the antenna rotation in whole degrees. Applicants proposing a directional composite antenna must also complete all other sections in Item 10. Relative field values (0.001-1.000) must be entered for every 10 degrees on the unit circle. Up to five azimuths may be added at the bottom of the table for additional accuracy. If the "No Rotation" box is checked, the antenna pattern will be entered with 0 Degrees oriented towards True North in the Commission's database. However, if the "Rotation" question is completed, the antenna pattern will be rotated clockwise by the number of whole degrees indicated in the "Rotation" box. For example, if the maximum relative field value from the table is 0 Degrees, and the Rotation is 135 Degrees, the maximum lobe of the antenna will be oriented at 135 Degrees in the Commission's database. All directional antennas must comply with 47 C.F.R. Section 74.1235(i) B. Additional questions. Certification 11 need only be answered by FM Booster applicants and Fill-in FM Translator applicants. All applicants must complete certifications 12-15. Item 11: Fill-in Translator/Booster service area. Applicants for FM Booster stations, or for FM fill-in Translator stations must certify that the service contour of the proposed facility is completely within the protected coverage contour of the primary station it rebroadcasts. See 47 C.F.R. Sections 74.1232(d) and (f). For purposes of these sections the "protected coverage contour" is defined as: Non-reserved band Class B Stations Non-reserved band 0.5 mV/m; 54 dBu (50, 50) Contour 0.7 mV/m; 57 dBu (50, 50) Contour
Class B1 Stations All other FM Station Classes 1 mV/m; 60 dBu (50, 50) Contour
FM Booster stations will only be authorized to the licensee or permittee of the FM station whose signals the booster will rebroadcast. See 47 C.F.R. Section 74.1232(f). Applicants for Non-fill-in or partial fill-in FM Translators should mark "N/A" to this question. However, a Non-fillin or partial fill-in FM translator station rebroadcasting a commercial FM station may not be authorized to the licensee of the station it rebroadcasts. See 47 C.F.R. Section 74.1232(d). See Item 3, Legal Certifications. Item 12: Interference. The applicant must certify that the proposal complies with the Commission's contour overlap and interference protection provisions. In order to answer "Yes" to this question, the applicant must submit exhibits with sufficient information to demonstrate that the proposed facility complies with the applicable rule sections. All proposed translator and booster facilities must provide exhibits demonstrating compliance with 47 C.F.R. Section 74.1204. Failure to provide exhibits demonstrating lack of prohibited overlap may result in dismissal of the application. Any proposed translator on the reserved band (channels 201-220) must provide exhibits demonstrating compliance with 47 C.F.R. Section 74.1205. If compliance with Section 74.1205 is by an agreement, the application must include a copy of that agreement. See 47 C.F.R. Section 74.1205(a). Proposed translators must protect all full-service TV6 stations, low power TV6 stations, and previously authorized TV6 translator stations. Item 13: Unattended Operation. FM Translator and booster stations may be operated without a designated person in attendance if the following requirements are met: (1) If the transmitter site is not readily accessible at all hours and in all seasons, the translator/booster operator has established a way to turn the transmitting apparatus on or off from a point that is readily accessible at all hours and in all seasons. The transmitter is equipped with circuits that will automatically shut down the transmitter in the absence of a signal on the input channel. The on/off control, if at a location other than at the transmitter site, is protected from tampering.
(2)
(3)
10
(4)
The Commission is supplied with the name, address, and telephone number of at least one person who may be contacted to secure suspension of operation should such action be deemed necessary by the Commission. If lighting and painting of the antenna and supporting structure are required, the translator/booster operator will make arrangements for daily inspection and logging of the lighting and associated control equipment, as required by 47 C.F.R. Sections 17.47-17.49.
(5)
a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Members of the general public are always considered under this category when exposure is not employment-related. Occupational/controlled exposure limits apply to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. These limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above the general populations/uncontrolled limits as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or some other appropriate means. 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). The RF worksheets and tables appended to Worksheet 2 will enable certain categories of stations to determine whether or not the proposed facility will have a significant environmental impact as defined by 47 C.F.R. Section 1.1307. All applicants can use the general Environmental Worksheet. Some, but not all, stations will be able to use the RF worksheets. Generally, the RF worksheets can only be used in the following situations: (1) single use tower; (2) single tower with several FM/FM translators; or (3) a multiple tower AM array with no other user co-located within the array. Additionally, the RF worksheets can be used in regard to an AM station only if access to the AM station is restricted by a fence or other barrier that will preclude casual or inadvertent access to the site and warning signs are posted at appropriate intervals describing the potential for RF exposure. See "RF Exposure Compliance Worksheet Instructions" for more detail on eligibility.
See 47 C.F.R. Section 74.1234. Accordingly, Item 13 asks whether the applicant either does not propose "unattended operation" of its facility, or, if unattended operation is proposed, Item 13 asks the applicant to certify that it will comply with Section 74.1234. Item 14: Multiple Translators. This question requires the applicant to certify that it does not have any interest in an FM translator that serves substantially the same area and that rebroadcasts the same signal as the proposed translator. If it cannot so certify, the applicant must demonstrate the technical need for the additional translator. See Section 74.1232(b). Item 15: Environmental Protection Act. 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 either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See Section 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are selfexplanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. Worksheet #2 includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. These pages are designed to facilitate and substantiate the certification called for in Section IIIA, Item 15. Their use is voluntary, but strongly encouraged. RF Exposure Requirements. In 1996, the Commission adopted new guidelines and procedures for evaluating environmental effects of RF emissions. All applications subject to environmental processing filed on or after October 15, 1997 must demonstrate compliance with the new requirements. These new guidelines incorporate two tiers of exposure limits: General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as
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If after using the worksheets the applicant finds that levels will exceed the RF guidelines, 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, or describing 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. If the applicant is not eligible to use the worksheets, it is not an indication that the proposed facility will cause excessive exposure. Generally, applicants that are not able to use the worksheets will need to utilize more complex calculations or measurements to demonstrate compliance. For this reason, applicants who are not eligible to use the worksheets should consider seeking the assistance of a qualified consulting engineer in determining whether the proposed facility will meet the RF exposure guidelines. 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 ("EA") 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.
NOTE: Even if the applicant concludes from the use of the attached worksheets that human RF electromagnetic exposure is consistent with the Commission's guidelines, each site user must also meet requirements with respect to "on-tower" or other exposure by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These requirements include, but are not limited to, the reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such procedures must be coordinated among all tower users. See OET Bulletin 65 for details.
SECTION IV POINT SYSTEM FACTORS On channels reserved for noncommercial educational use, the Commission will grant the application of a translator providing fill-in service over one that extends the area of the primary station. In the event of conflicting mutually exclusive applications of the same type (fill-in or non fill-in), however, the Commission will conduct a paper hearing process by applying a point system to select one application for grant. The point system was established in Report and Order, Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Docket No. 95-31, FCC 00-120, 15 FCC Rcd 7386 (2000). The applicant's qualification for points is determined as of the closing of the filing window, assuming the applicant continues to qualify for all points claimed at the time of selection. Thus, points cannot be enhanced by changes made after the close of the deadline for filing of competing applications, but may be reduced by such changes. Item 1: Established Local Applicant. Applicant should complete Worksheet #3. Established local applicants may claim 3 points. An applicant is considered established if it has been local for at least the 24 months immediately preceding application. A nongovernmental applicant is local if, within 25 miles of the reference coordinates for the proposed community of license, applicant has a school campus, its primary physical headquarters, or the primary residences of 75% of its governing board members. A local headquarters or residence must be a primary place of business or residence and not, for example, a post office box, lawyer's office, branch office, or vacation home. Governments are also considered local throughout the area within their jurisdiction (For example, a state government is local throughout a state, whereas a city Board of Education is local throughout the city). An applicant claiming points as an established local applicant, must place supporting documentation in a local public inspection file and submit to the Commission copies of the documentation. Examples of acceptable documentation include corporate material from the secretary of state, lists of names, addresses, and length of residence of board members, and copies of governing documents requiring a 75% local governing board, course brochures indicating that classes have been offered at a local campus for the preceeding two years, etc.
(2)
(3)
(4)
(5)
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Item 2: Diversity of Ownership: If no party to the application has an attributable interest in another authorized station with an overlapping principal community contour, the applicant can claim 2 points. Parties are those people or entities defined in the Instructions to Section II, Items 6 and 7. For purposes of this question, only same service stations (radio or TV) are relevant. For example, an applicant for a new noncommercial educational FM translator station must consider whether there are attributable interests in overlapping radio stations (AM or FM stations and FM translators), but need not consider any attributable TV station for purposes of claiming this point. When counting translator stations count all non-fill-in stations, i.e., those that extend outside the applicant's primary station's service contour. An applicant claiming points for diversity of ownership must place supporting documentation in a local public inspection file and submit to the Commission copies of the documentation. The preferred documentation is a contour map showing the principal community contours of the proposed station and of other attributable stations whose principal community contours overlap or come within 10 miles of the proposed station's contours. Applicants with no other attributable stations or with attributable stations more distant should so state. Item 3: State-wide Network: If the Applicant has not claimed a credit for local diversity in Question 2 above, it should complete Worksheet 4 to see whether it qualifies for a 2 point credit as a state-wide network. Applicants may not claim both the state-wide network and local diversity credit. Both public and private entities can qualify for the state-wide network credit, provided that they meet the requirements set out in 47 C.F.R. Section 73.7003(b)(3), which are incorporated into Worksheet 4. National and regional networks generally will not qualify for this credit. Applicants who determine, after completing Worksheet 4, that they qualify should answer "Yes." All others should answer "No." Applicants claiming points as a state-wide network must place supporting documentation in their local public inspection file and submit to the Commission copies of the documentation. Preferred documentation includes identification of the names, locations, accrediting bodies, and number of schools which the applicant is currently serving and those that it will serve, and an indication of whether the schools are under the applicant's jurisdiction or are being served pursuant to a coordinated agreement with another authority. If the schools are not under the applicant's jurisdiction, the applicant should include documentation of the terms of its agreement with the entity with authority over the schools. Item 4: Technical Parameters. An applicant that provides the best technical proposal among the competing applicants, in terms of area and population served, may be eligible for additional points. Applicant should indicate the area and population within its proposed 60 dBu service contour. Area must be measured in square kilometers and exclude significant areas of water, e.g., ocean and lakes. Population should be measured using the most recent census block data available from the United States Bureau of Census. If applicant's
claimed coverage is superior to all others in terms of both area and population by at least 10%, the Commission will award 1 point. If the proposal is superior to all others by at least 25%, the Commission will instead award 2 points. The applicant should place in its local public inspection file a statement of how the technical parameters were calculated, e.g., the year and blocks of census information used, and the method used to determine area, including the amount of area excluded for specific large areas of water. The applicant should submit to the Commission copies of this information. Tie Breakers If two or more applicants are tied under the point system, the Commission will apply a series of tie breakers, until the tie is broken. If the tie cannot be broken by Questions 5 or 6 below or by voluntary settlement, the Commission will select the first application received. Item 5(a): Existing Authorizations. If mutually exclusive applicants differ in their number of existing authorizations, the applicant with the fewest attributable authorizations at the time of filing will be chosen. Applicant should indicate the number of attributable radio authorizations held by parties to the application nationwide. Include both licenses and construction permits, whether commercial or noncommercial. Count all full service AM and FM stations. Count translator stations providing non-fill-in service (i.e., those extending a station's service area). Do not count translators providing fillin only service in determining the number of stations for this question. Item 5(b): Indicate the number of other attributable fill-in authorizations. The Commission will consider this in the event of a tie between applicants seeking fill-in service. Item 6: Pending Applications. If a tie remains between mutually exclusive applicants after considering question 5 (existing authorizations), the Commission will select the applicant with the fewest pending radio applications at the time of filing. Applicant should indicate the number of applications in which parties to the application hold an attributable interest. Include applications for new stations and for major changes to existing stations, whether commercial or noncommercial full service or translator (other than fill-in station). Do not include other applications (e.g., voluntary assignment of license, license renewal, minor change in existing facilities.)
FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PAPERWORK REDUCTION ACT We have estimated that each response to this collection of information will take 1.0 to 1.5 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
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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 (3060-0029), 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 or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0029. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. Section 3507.
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WORKSHEET # 1 LOCAL NOTICE CHECKLIST Applicants must certify that they have complied with Section 73.3580 regarding publication of local notice of the subject application. This worksheet may be used in responding to Section II, Item 10 of FCC Form 349. 1. Newspaper notice. (a) Dates of publication: (i) "immediately" after tender of the application? (b) Daily or weekly or biweekly newspaper published in or having circulation in the community? (i) If yes, public notice must appear at least one time. (c) No such daily or biweekly newspaper published in community? (i) If yes, notice must be provided to the general public in some other appropriate means, such as posting in the local post office or other public place. 2. Text: does the announcement contain the following information? (a) Applicant name(s) (b) Community to be served by station (c) Location of transmitter site (d) Purpose of application (e) Date on which application was filed (f) Output channel on which station proposeds to operate (g) Statement that the station will be engaged in rebroadcasting (h) Call sign, location, and channel of station rebroadcast For major amendments or changes in facilities (i) Nature of the amendment or changes sought
Yes No Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No Yes No Yes Yes No No
FCC 349 Worksheet 1 February 2006
WORKSHEET #2: ENVIRONMENTAL All applicants can use the General Environmental Worksheet. Some, but not all, applicants for AM and FM facilities will also be able to use the RF worksheets. Generally, an AM or FM applicant can use the RF worksheets if: (1) it is the only user on its tower; (2) its station is one of several FM/FM translator stations located on a single tower; or (3) its station uses a multiple-tower AM array but no other user is co-located within the array. Additionally, the RF worksheets can be used in regard to an AM station only if access to the AM station is restricted by use of a fence or other barrier that will preclude casual or inadvertent access to the site and warning signs are posted at appropriate intervals describing the potential for RF exposure. If an applicant cannot use the RF worksheets, it may show its compliance with RF guidelines in other ways, as detailed in OET Bulletin 65. If the worksheets indicate that an applicant exceeds acceptable RF levels, it does not necessarily mean that the proposed station does not or cannot meet the Commission's RF requirements. The worksheets are based on generalized "worst case" presumptions. It may be that a more individualized evaluation of the proposed station (possibly with the help of a consulting engineer) will demonstrate that RF levels are acceptable. Among the individual factors that may be relevant are antenna radiation patterns, actual RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65. Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R. Section 1.1311, explaining the environmental consequences of the proposed station's operation. A. GENERAL ENVIRONMENTAL WORKSHEET Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment (EA), if you answer "Yes" to any of the following 8 items: 1. 2. 3. 4. involves high intensity white lighting located in residential neighborhoods. is located in an officially designated wilderness area or wildlife preserve. threatens the existence or habitat of endangered species. affects districts, sites, buildings, structures or objects significant in American history, architecture, archaeology, engineering or culture that are listed in the National Register of Historic Places or are eligible for listing. affects Indian religious sites. is located in a floodplain. requires construction that involved significant changes in surface features (e.g., wetland fill, deforestation or water diversion). does not comply with the FCC established guidelines regarding exposure to RF electromagnetic fields as described in OET Bulletin 65.
Yes Yes Yes Yes No No No No
5. 6. 7.
Yes Yes Yes
No No No
8.
Yes
No
CONCLUSION Applicants who answered "No" to all questions on this General Worksheet but who are relying on information other than that in our RF Worksheets to support their RF compliance statement should submit a detailed explanation demonstrating their compliance. Applicants answering "Yes" to any question on this General Worksheet should submit an Environmental Assessment, which is described in the instructions for Section III.
FCC 349 Worksheet 2 February 2006
B. RF EXPOSURE COMPLIANCE WORKSHEETS/INSTRUCTIONS Who may use these worksheets? 1. A directional AM station (i.e., one using a multiple tower array) that does not share its towers with any other non-excluded RF sources (including, but not limited to, FM or TV transmitting antennas) and is located more than 315 meters (1,034 feet) from any other tower or non-excluded RF radiation sources; or A non-directional AM station located on a single-use tower more than 315 meters (1,034 feet) from any other tower or other non-excluded RF radiation sources; or An FM station on a single tower that may or may not support other FM stations (including FM translators and boosters) and that is more than 315 meters (1,034 feet) from any other tower or other non-excluded RF sources.
2.
3.
Ineligible Sites. Please note that the applicant cannot use these worksheets if any of the following apply: 1. 2. The application is for a television or digital television facility; There are other towers or supporting structures with non-excluded (see 4 C.F.R. Section 1.1307(b)) RF sources within 315 meters of the tower; There are TV antennas and/or other RF sources on the tower other than AM or FM antennae that are not categorically excluded from environmental processing by 47 C.F.R. Section 1.1307; There is an FM, TV or other non-excluded RF source co-located within a multiple tower AM array; The tower is located at a site where the terrain or a building or other inhabited structure (other than a transmitter building) within a 315 meter radius is higher than the level of the terrain at the base of the tower (Note: Sites with transmitter buildings at the base of the tower are considered "eligible" provided that procedures are established in accordance with the methods described in OET Bulletin 65 to protect persons with access to such buildings from RF exposure in excess of the FCC-adopted limits.); or AM towers where access is not restricted by fencing or other barrier that preclude casual or inadvertent access to the site and warning signs are not included at appropriate intervals describing the potential for RF exposure.
3.
4. 5.
6.
The above categories have been excluded from the RF worksheets not because of a propensity to cause excessive RF radiation, but because a determination of their compliance involves more complex calculations and measurements. If you are not eligible to use the RF worksheets, or elect not to use them, before reaching a determination with respect to your facilities you should review OET Bulletin 65 and Supplement A in order to properly evaluate your facility for compliance with the RF guidelines. The bulletin provides information and assistance on the RF guidelines, prediction methods, measurement procedures and instrumentation, methods for controlling exposure, and reference material. It will instruct the applicant on the type of data which may demonstrate compliance with the Commission's RF guidelines in support of your response. If you continue to have trouble evaluating your site after consulting the Bulletin, you may want to seek the assistance of a qualified consulting engineer in determining whether these facilities meet the FCC RF exposure guidelines.
FCC 349 Worksheet 2 (Page 2) February 2006
Other Evaluations These worksheets represent "worst case" calculations, and, as such, should be used in your initial attempt to determine compliance. If use of the worksheet indicates that you would exceed the RF guidelines, levels may still be acceptable based on more detailed evaluation of variables such as antenna type and vertical radiation patterns. In this case you may submit a statement explaining why your facilities do not exceed the RF exposure guidelines at locations where humans are likely to be present, or describing those measures or circumstances which will prevent or discourage humans from entering those areas where the RF levels exceed the guidelines or which will otherwise control access in accordance with the time-averaging limits described in the guidelines. See OET (i) (ii) (iii) (iv) antenna radiation patterns showing that the site complies with the guidelines described in OET Bulletin 65 measurements that show the site to comply with the FCC-adopted guidelines a description of what warning signs, fences or other barriers preclude excessive RF exposure any other statement necessary to demonstrate compliance with the RF guidelines.
How to Use the RF Worksheets Attached are: Worksheet #1 - FM, FM translator & FM booster Worksheet #1A-Multiple FM User Tower Worksheet #2 - AM Worksheet#2A - Multiple Tower AM array AM Fence Distance Tables FM Contributors: a. Single Use FM or FM translator tower - Use Worksheet #1 to determine compliance with the FCC RF exposure limits. b. Multiple-use FM (including translator & booster) - Use Worksheet #1A for each FM facility on the tower to obtain an approximate power and antenna height and complete Worksheet #1 as above. AM Contributors: a. Single Tower Site - Use Worksheet #2 to determine if the distance to the fence or other restrictive barrier provides adequate protection to the general public pursuant to FCC guidelines. b. Multiple Tower Site - Use Worksheet #2 for each tower in the array to determine if each tower is adequately distanced from the fence (or other restrictive barrier). This determination may be made by either of the following methods: i. a "worst case" prediction could be made by assuming that all transmitted power is radiated from each tower. Use Worksheet #2A to list the power and fence distance for each tower. Then, use Worksheet #2 for each tower to determine compliance with the FCC guidelines for the single tower. ii. use the actual transmitted power of each tower. Use Worksheet #2A to list transmitted powers and restriction distances for each tower. Then, use Worksheet #2 for each tower to determine compliance with the FCC guidelines for the single tower. If any single tower is not adequately distanced from the fence or restrictive barrier, you may not continue to use these worksheets.
FCC 349 Worksheet 2 (Page 3) February 2006
CAUTION: Even if you conclude from the use of these worksheets that human exposure to RF electromagnetic fields is consistent with our guidelines, be aware that each site user must also meet requirements with respect to "on-tower" or other exposure by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These requirements include, but are not limited to the reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such procedures must be coordinated among all tower users. See OET Bulletin 65 for further details.
FCC 349 Worksheet 2 (Page 4) February 2006
RF WORKSHEET #1 - FM (including translators & boosters) PLEASE COPY BEFORE USING. THE DETERMINATION OF COMPLIANCE MAY INVOLVE REPEATED CALCULATIONS. IF LOCATED ON A MULTIPLE FM USER TOWER, PLEASE COMPLETE RF WORKSHEET 1A BEFORE PROCEEDING.
EFFECTIVE RADIATION CENTER HEIGHT Enter proposed "Height of radiation center above ground" OR as listed in line 1 Is antenna supporting structure located on the roof of a building ? (check one) If line 2 is "yes," enter the building height measured at the base of the antenna If line 2 is "no," enter "0" in line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subtract line (3) from line (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subtract the value 2.0 from line (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes No
m (1) (2)
m (3) m (4) m (5)
TOTAL EFFECTIVE RADIATED POWER (If "beam tilt" is utilized, list maximum values) List Effective Radiated Power in the Horizontal Plane. . . . . . . . . . . . . . . . . . . . . List Effective Radiated Power in the Vertical Plane . . . . . . . . . . . . . . . . . . . . . . . Add Lines (6) and (7) OR list value from Line 2 in Worksheet 1A . . . . . . . . . . . PERCENTAGE OF FCC RF LIMIT(S) FOR MAXIMUM PERMISSIBLE EXPOSURE Multiply Line (8) by 33.41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Multiply the value listed in line (5) by itself . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Divide Line (9) by Line (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % Multiply Line (11) by (100 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DETERMINATION OF COMPLIANCE WITH CONTROLLED/OCCUPATIONAL LIMIT Does Line (12) exceed 100% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes No (13)
kW kW kW (8)
(9) (10) (11) (12)
IF YOU ANSWERED "YES" IN LINE (13), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. * IF YOU ANSWERED "NO" IN LINE (13), THEN THE SITE SHOULD COMPLY WITH THE FCC'S CONTROLLED/ OCCUPATIONAL RF EXPOSURE LIMITS FOR GROUND LEVEL EXPOSURE. # CONTINUE
* In this case, you may need to prepare an Environmental Assessment. See Instructions for Section III-A, Item 15 of FCC Form 349.
FCC 349 Worksheet 2 (Page 5) February 2006
RF WORKSHEET #1 - FM (continued) DETERMINATION OF COMPLIANCE WITH THE UNCONTROLLED/GENERAL POPULATION LIMIT Does Line (12) exceed 20% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes No
(14)
IF YOU ANSWERED "NO" IN LINE (14), THEN THE SITE SHOULD COMPLY WITH THE FCC'S UNCONTROLLED/ GENERAL POPULATION RF EXPOSURE LIMITS FOR GROUND LEVEL EXPOSURE. NO FURTHER STUDY REQUIRED. IF YOU ANSWERED "YES" IN LINE (14), CONTINUE. Rooftop with restricted access. If you answered "yes" in Line (14) and "yes" in Line (2) (indicating that the tower is located on the roof of a building), and the general public is not allowed access to the rooftop level, repeat lines 5 through 12, entering the value in Line (1) directly in Line (4). (If Multiple FM Use Tower, recalculations should be in accordance with instructions on Worksheet #1A.) Otherwise, go to the next section. Upon recalculation, Does Line (12) exceed 20% . . . . . . . . . . . . . . . . . . . . . . . . .
Yes No
(15)
IF YOU ANSWERED "YES" IN LINE (15), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. * IF YOU ANSWERED "NO" IN LINE (15), THEN THE AREA AT GROUND LEVEL SHOULD COMPLY WITH THE FCC'S UNCONTROLLED/GENERAL POPULATION EXPOSURE LIMIT. NO FURTHER STUDY REQUIRED.
Access to base of tower restricted by fencing. If the tower is not located on the roof of a building, is the base of the tower surrounded by fencing or other restrictive barrier and are appropriate warning signs posted on the fence that adequately detail the nature of the RF exposure environment contained therein?
Yes No
(16)
IF YOU ANSWERED "NO" IN LINE (16), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. * If you answered "yes" in line (16), what is the distance from the base of the Multiply Line (9) (as calculated previously) by 5 . . . . . . . . . . . . . . . . . . . . . . . . . Subtract Line (10) (as calculated previously) from Line (18). . . . . . . . . . . . . . . . Take the square root of Line (19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is Line (20) less than or equal to Line (17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m (17) (18) (19) m (20) No (21)
Yes
IF YOU ANSWERED "YES" IN LINE (21), THEN THE RF FIELD OUTSIDE THE FENCE COMPLIES WITH THE FCC'S UNCONTROLLED/GENERAL POPULATION EXPOSURE LIMIT. NO FURTHER STUDY REQUIRED. IF YOU ANSWERED "NO" IN LINE (21), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. *
* In this case, you may need to prepare an Environmental Assessment. Form 349.
See Instructions for Section III-C, Item 15 of FCC
FCC 349 Worksheet 2 (Page 6) February 2006
RF WORKSHEET #1A - Multiple FM User Tower
The procedure below will allow for a "worst-case" determination to be made in situations where several FM stations share a common tower. This determination is based upon the"worst case" assumption that all RF energy is emanating from a single antenna located at the same height (i.e. antenna center of radiation above ground level) as the lowest user on the tower. Complete this sheet for all call signs. For each call sign, the total of the Horizontal and the Vertical ERP's must be used. If "beam tilt" is utilized, list maximum values.
COLUMN 1 CALL SIGN
COLUMN 2 HEIGHT OF ANTENNA RADIATION CENTER ABOVE GROUND LEVEL meters meters meters meters meters meters
COLUMN 3 TOTAL EFFECTIVE RADIATED POWER (HORIZONTAL AND VERTICAL) kilowatts kilowatts kilowatts kilowatts kilowatts kilowatts m (1) kW
List the smallest value in Column 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List the total of all values in Column 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The value listed in line (1) above must be used in line (1) on Worksheet 1. The value listed in line (2) above must be used in line (8) on Worksheet 2. Now complete worksheet 1 (except for lines 6 and 7).
FCC 349 Worksheet 2 (Page 7) February 2006
WORKSHEET #3 ESTABLISHED LOCAL APPLICANT (Section IV, Question 1) 1. Is the applicant currently local, for purposes of the NCE point system? a. Local Campus. Applicant operates a school campus within 25 miles of the reference coordinates* of the proposed community of license. Local Headquarters. Applicant has a local headquarters (primary place of business) within 25 miles of the reference coordinates* of the proposed community of license. NOTE: A local headquarters is the applicant's primary place of business and not, for example, a post office box or branch office. Local Governing Board. (1) At least 75% of the members of applicant's governing board have for the preceding two years maintained their primary residence within 25 miles of the reference coordinates* of the proposed community of license AND (2) applicant's governing documents (e.g., by-laws) require that this 75% local characteristic of the governing board be maintained for future boards as well. NOTE: A primary residence is a domicile, and not for example, a vacation home or a student's temporary school address. For example, an address may be a domicile if it is the address from which the board member is registered to vote, maintains his driver's license, and/or files his federal income taxes. Government Entity Within Own Jurisdiction. Applicant is a government entity whose authority encompasses the proposed community of license. Example: Applicant is the Board of Regents of a State University System applying for a station within its own state or a City Board of Education applying for a station within its city.
Yes No
b.
Yes
No
c.
Yes
No
d.
Yes
No
*A community's reference coordinates are generally the coordinates listed in the United States Department of Interior publication entitled "Index to the National Atlas of the United States." An alternative reference point, if none is listed in the Atlas Index, is the coordinates of the main post office. Applicants answering "Yes" to a, b, c, or d should proceed to Question 2. Those answering "No" to all a, b, c and d should answer "No" in Section IV, Question 1.
2.
Is the applicant established? For the period beginning two years (24 months) prior to application, and continuing without interrupution through present, has the applicant been able to answer "Yes" to at least one of a, b, c or d above.
Yes
No
Note For Applicants Amending Applications Filed Prior to Point System: Answer for 2 years prior to original application continuing through present except that pre-point system applicants who answered in 1(c)(2) above that they have the requisite by-laws may answer as if those by-laws have always been in place. Applicants answering "No" to Question 2 of this worksheet should answer "No" to Section IV, Question 1. Applicants answering "Yes" to both Question 1 and Question 2 of this worksheet should answer "Yes" to Item 22 , place documentation in their public file and submit to the Commission copies of the documentation.
FCC 349 Worksheet 3 February 2006
WORKSHEET #4 STATE-WIDE NETWORKS (Section IV, Question 3). 1. Has the applicant claimed a credit for local diversity of ownership in Section IV, question 2? Applicants answering "Yes" are not eligible to claim an additional credit as a statewide network and must answer "No" to Section IV, question 3. All other applicants should continue to answer the following questions. 2. For applicants that control schools, do all of the following apply? Applicant has authority over a minimum of either: 50 full-time elementary and/or secondary schools; or 5 full-time college and/or university campuses. The 50 schools/5 campuses are accredited by a state department of education and/or a recognized regional/national educational accrediting organization. The 50 schools/5 campuses are within a single state. The 50 schools/5 campuses are encompassed by the combined primary service contours of the proposed station and applicant's existing station(s). Applicant's existing station(s) are regularly providing programming to schools/campuses within the existing primary service contours in furtherance of their curriculum and the proposed station will increase the number of schools applicant will regularly serve. Applicants answering"Yes" to all of the subparts above should answer "Yes" to Section IV, Question 3, and should place documentation supporting the answers in a local public inspection file and submit to the Commission copies of the documentation. Other applicants should continue with this worksheet.
Yes No Yes No
Yes
No
Yes
No
Yes
No
Yes
No
3.
For applicants that do not control schools, or who control schools that do not meet the above requirements, do all of the following apply? Applicant will regularly provide programming to entities or institutions that, in combination, meet all of the requirements in question 2, above, of this worksheet. The applicant will provide the programming in coordination/consultation with the schools/campuses, and for use in the school curriculum. The agreement(s) between applicant and the schools/campuses requires service to be regular and ongoing, and applicant intends to provide such service for no less than four years. Applicants answering "Yes" to all of the subparts above should answer "Yes" to Section IV, Question 3, and should place documentation supporting the answers above in a local public inspection file and submit to the Commission copies of the documentation. Other applicants should answer "No" to Section IV, Question 3.
Yes No
Yes
No
Yes
No
FCC 349 Worksheet 4 February 2006
WORKSHEET # 5 TECHNICAL PARAMETERS (Section IV, Question 4) The applicant can use this worksheet to determine the area covered by its proposal. For major modifications of existing stations report the proposed increase in area over that already authorized. For new stations report the proposed area to be covered by the new station. 1. Major Modification Applicants: a. Total area to be served by station's 60 dBu (FM) or Grade B (TV) standard predicted contour after proposed modification b. Subtract major areas of water (e.g., lakes, oceans) c. Subtract common area already served by station's existing 60 dBu (FM) or Grade B (TV) standard predicted contour d. Equals new area to be served by modified station sq. kilometers
sq. kilometers sq. kilometers
sq. kilometers
Applicants for major modifications should take the amount of increased area from (1)(d) above and enter it in Section IV, question 4 of Form 340. Also calculate the population in that increased area using the centroid method based on the most recent census block data from the U.S. Bureau of Census. 2. Applications for New Stations: a. Total area to be served by new station's 60 dBu (FM) or Grade B (TV) standard predicted contour b. Subtract major areas of water (e.g., lakes, oceans) c. Equals Area to be served by new station sq. kilometers
sq. kilometers sq. kilometers
The amount of new area in (2)(c) above should be reported in Section IV, question 4 of Form 349. Also calculate the population in that new area using the centroid method based on the most recent census block data from the U.S. Bureau of Census.
FCC 349 Worksheet 5 February 2006
Federal Communications Commission Washington, D. C. 20554
Approved by OMB 3060-0029
FCC 349
APPLICATION FOR AUTHORITY TO CONSTRUCT OR MAKE CHANGES IN AN FM TRANSLATOR OR FM BOOSTER STATION
Section I - General Information 1. Legal Name of the Applicant
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)
FCC Registration Number
E-Mail Address (if available)
Facility ID Number
2.
Contact Representative (if other than licensee/permittee)
Firm or Company Name
Mailing Address
City
State or Country (if foreign address)
ZIP Code
Telephone Number (include area code) 3.
E-Mail Address (if available)
If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114): Governmental Entity Noncommercial Educational Licensee Other ______________
4.
Facility information: a. b. FM Translator FM Booster
Community or communities to which the proposed facility will be licensed: Community(ies) State
FCC Form 349 February 2006
5.
Application Purpose. New station Major Change in licensed facility Minor Change in licensed facility Major Modification of construction permit Minor Modification of construction permit Major Amendment to pending application Minor Amendment to pending application a. File number of original construction permit: _________________________ 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.
Not applicable
Exhibit No.
FCC Form 349 (Page 2) February 2006
NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided. See General Instruction J. Section II - Legal 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. Applicant is: an individual a limited partnership a general partnership a not-for-profit corporation
Yes No
2.
a for-profit corporation a limited liability company (LLC/LC) other
a.
If "other," describe nature of applicant in an Exhibit.
Exhibit No.
3.
a.
Applicant certifies that it is not the licensee or permittee of the commercial primary station being rebroadcast and that neither it nor any parties to the application have any interest in or connection with the commercial primary station being rebroadcast? See 47 C.F.R. Section 74.1232(d). Applicant certifies that the coverage contour of the translator station will not extend beyond the protected contour of the commercial primary station being rebroadcast.
Yes
No
See Explanation in Exhibit No.
N/A
b.
Yes
No
See Explanation in Exhibit No.
N/A
NOTE: If No to a. and b., and no waiver has been requested in an Exhibit, this application is unacceptable for filing. See 47 C.F.R. Section 74.1232(d). If No to a. and Yes to b. applicant is prohibited from receiving any support, before or after construction, either directly or indirectly from the commercial primary station being rebroadcast or from any person or entity having any interest whatsoever, or any connection with the primary FM station. Interested and connected parties include group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members and business associates. See 47 C.F.R. Section 74.1232(e). 4. The applicant, if for a commercial FM translator station with a coverage contour extending beyond the protected contour of the commercial primary station being rebroadcast, certifies that it has not received any support, before or after constructing, directly or indirectly, from the licensee/permittee of the primary station or any person with an interest in or connection with the licensee or permittee of the primary station, except for technical assistance as provided for under 47 C.F.R. Section 74.1232(e). For applicants proposing translator rebroadcasts that are not the licensee of the primary station, the applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted. If No, this application is unacceptable for filing. Character Issues. Applicant certifies that neither 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 b. any pending broadcast application in which character issues have been raised.
Yes No See Explanation in Exhibit No.
N/A
5.
Yes
No
N/A
6.
Yes
No
See Explanation in Exhibit No.
FCC Form 349 (Page 3) February 2006
7. Adverse Findings. Applicant certifies that, with respect to the applicant, any party to the application, and any non-party equity owner in the applicant, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body 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. 8. Alien Ownership and Control. Applicant certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. Program Service Certification. Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area.
Yes
No
See Explanation in Exhibit No.
Yes
No
See Explanation in Exhibit No.
9.
Yes
No
10. Local Public Notice. Applicant certifies compliance with the public notice requirements of 47 C.F.R. Section 73.3580. 11. Auction Authorization. If the application is being submitted to obtain a construction permit for which the applicant was the winning bidder in an auction, then the applicant certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a) and 1.2112(b), if applicable. An exhibit is required unless this question is inapplicable. 12. Anti-Drug Abuse Act Certification. Applicant certifies that neither 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. 13. Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A.
Yes
No
Yes
No
N/A
Exhibit No. No Yes
Yes
No
Yes
No
N/A
I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive 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 license or otherwise, and request 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 349 (Page 4) February 2006
SECTION III PREPARER'S CERTIFICATION I certify that I have prepared Section III (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 Mailing Address City Telephone Number (include area code)
Date
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 349 (Page 5) February 2006
Section III-A - Engineering TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable. TECH BOX 1. 2. Channel: Primary Station: Call Sign City State Channel
3.
Delivery Method: Off-air Microwave Satellite Via _____________ Other
4.
Antenna Location Coordinates: (NAD 27)
o o ' ' " "
N E
S Latitude W Longitude
5.
Antenna Structure Registration Number: Antenna Structure Registration Number: Not applicable FAA Notification Filed with FAA meters meters meters (H) kW (H) meters (V) kW (V)
6. 7. 8. 9.
Antenna Location Site Elevation Above Mean Sea Level: Overall Tower Height Above Ground Level: Height of Radiation Center Above Ground Level: Effective Radiated Power:
10. Transmitting Antenna: Nondirectional Manufacturer Directional "Off-the-shelf" Model Directional composite
Rotation: Degree 0 10 20 30 40 50 Additional Azimuths Value Degree 60 70 80 90 100 110
o
No rotation Degree 120 130 140 150 160 170 Value Degree 180 190 200 210 220 230 Value Degree 240 250 260 270 280 290 Value Degree 300 310 320 330 340 350 Value
Value
FCC Form 349 (Page 6) February 2006
11. For FM Boosters and Fill-in translators only. Applicant certifies that the proposal is for a fill-in translator or booster station entirely within the primary station's protected contour. 12. Inteference. The proposed facility complies with all of the following applicable rule sections. Check all that apply.
Yes N/A Yes
No
See Explanation in Exhibit No.
No
See Explanation in Exhibit No.
Overlap Requirements. a. 47 C.F.R. Section 74.1204. Exhibit Required.
Exhibit No.
Television Channel 6 Protection. b. 47 C.F.R. Section 74.1205 with respect to station(s): Exhibit Required.
Exhibit No.
13. Unattended operation. Applicant certifies that unattended operation is not proposed, or if this application proposes unattended operation, the applicant certifies that it will comply with the requirements of 47 C.F.R. Section 74.1234. 14. Multiple Translators. Applicant certifies that it does not have any interest in an application or an authorization for an FM translator station that serves substantially the same area and rebroadcasts the same signal as the proposed FM translator station. 15. Environmental Protection Act. Applicant certifies 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 radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required. By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes
No
See Explanation in Exhibit No.
Yes
No
See Explanation in Exhibit No.
Yes
No
See Explanation in Exhibit No.
PREPARER'S CERTIFICATION ON PAGE 4 MUST BE COMPLETED AND SIGNED.
FCC Form 349 (Page 7) February 2006
Section IV -- Noncommercial Educational Point System Factors -- New and Major Change Applications on Reserved Channels Only (used to select among mutually exclusive applications for new stations and major modifications) NOTE: Applicants will not receive any additional points for amendments made after the close of the application filing window.
Preliminary Matter: Does this application provide fill-in service only? 1. Established Local Applicant: Applicant certifies that for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained, and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation. Diversity of Ownership: Applicant certifies that the principal community (city grade) contour of the proposed station does not overlap the principal community contour of any other authorized radio station (including AM, FM, and non-fill-in FM translator stations, commercial or noncommercial) in which any party to the application has an attributable interest as defined in 47 C.F.R. Section 73.3555, that its governing documents require that such diversity be maintained, and that it has placed documentation of its diversity qualifications in a local public inspection file and has submitted to the Commission copies of the documentation. State-wide Network: Applicant certifies that (a) it has NOT claimed a credit for diversity of ownership above; (b) it is one of the three specific types of organizations described in 47 C.F.R. Section 73.7003(b)(3); and (c) it has placed documentation of its qualifications in a local public inspection file and has submitted to the Commission copies of the documentation. Technical Parameters: Applicant certifies that the numbers in the boxes below accurately reflect the new (increased) area and population that its proposal would serve with a 60 dBu signal measured in accordance with the standard predicted contours in 47 C.F.R. Section 73.313(c) and that it has documented the basis for its calculations in the local public inspection file and has submitted copies to the Commission. Major modification applicants should include the area of proposed increase only (exclude the station's existing service area). (Points, if any, will be determined by FCC) New (increased) area served in square kilometers (excluding areas of water): Population served based on the most recent census block data from the United States
Yes
No
Yes (3 points)
No (0 points)
2.
Yes (2 points)
No (0 points)
3.
Yes (2 points)
No (0 points)
4.
Yes
No
FCC Form 349 (Page 8) February 2006
This box is for FCC use only: 0 points. Technical Points: 1 point. Applicant's proposal covers the largest area and population, and both area and population are 10% greater than next
2 points. Applicant's proposal covers the largest area and population and both area and population are 25% greater than next
POINTS CLAIMED BY APPLICANT (from Questions 1-3) TECHNICAL POINTS? (from Question 4) TOTAL POINTS Tie Breakers 5. Existing Authorizations. a. By placing a number in the box, the applicant certifies that it and any persons and organizations with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, existing authorizations for the following number of relevant broadcast stations. FM translator applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial and FM translator stations other than fill-in stations. (number of attributable commercial and noncommercial licenses and construction permits) b. (Fill-in Applicants Only.) By placing a number in the box, the applicant certifies that, in addition to the station identified in 5(a), it and any persons and organization s with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, existing authorizations for the following number of FM translators.
6.
Pending Applications. a. By placing a number in the box, the applicant certifies that it and any persons and organizations with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, pending applications for new or major changes to the following number of relevant broadcast stations. FM translator applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial and FM translator stations other than fill-in stations. (number of pending commercial and noncommercial applications) b. (Fill-in Applicants Only.) By placing a number in the box, the applicant certifies that, in addition to the station identified in 5(a), it and any persons and organization s with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, existing authorizations for the following number of FM translators.
Section VI -- Certification I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive 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 license or otherwise, and request 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 349 (Page 9) February 2006
Free 349 - Federal
| File Size: | 213.2 kB |
| Pages: | 34 |
| Date: | May 31, 2006 |
| File Format: | |
| State: | Federal |
| Category: | Government |
| Author: | Antoine.Green |
| Word Count: | 17,813 Words, 115,695 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
http://www.fcc.gov/Forms/Form349/349.pdf |
| Download 349 ( 213.2 kB) |
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