Form FCC Form 340 FCC Form 340 Application for Constructin Permit for Reserved Channel

Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0029

INSTRUCTIONS FOR FCC 340
APPLICATION FOR CONSTRUCTION PERMIT
FOR RESERVED CHANNEL
NONCOMMERCIAL EDUCATIONAL BROADCAST STATION
an applicant may generally file at any time, subject to
any restriction that the Commission may issue.

GENERAL INSTRUCTIONS
Introduction.
D.
A.

B.

C.

When to Use this Form/Filing Fees: FCC Form 340 is
used to apply for authority to construct a new full service
noncommercial educational (“NCE”) FM or TV
(including DTV) broadcast station, to make changes in
an authorized NCE broadcast station, or to amend a
pending Form 340 application. Form 340 is used only if
the station will operate on a channel that is reserved
exclusively for noncommercial educational use.
Reserved channels include FM channels 200 to 220, as
well as any FM, TV, and DTV channels appearing with
an asterisk in the table of allotments. There is no fee to
file Form 340.
When NOT to Use this Form: Do not use Form 340 to
file an application on behalf of any station that will
operate on a non-reserved channel, i.e., a channel that is
also available to commercial applicants. Non-reserved
channels include FM channels 221 and above appearing
without an asterisk in the table of allotments, and any TV
and DTV channels appearing without an asterisk in the
table of allotments. Because non-reserved channels can
be used commercially, applicants for new stations and
for major changes to existing stations using non-reserved
channels are subject to the Commission’s competitive
bidding (auction) procedures, even if they propose to
operate noncommercially. Applicants can obtain more
information about the Commission’s competitive bidding
procedures in Subpart I of Part 73 of the Commission’s
rules. Applicants applying for a minor change to an
existing noncommercial educational station operating on
a non-reserved channel should use Form 301.
Applicants seeking authority to construct a new station
or to make a major modification to existing facilities of a
station operating on a non-reserved channel should use
Form 175. For definitions of “major change” and
“minor change” see 47 C.F.R. Section 73.3572(a) (for
television applicants) and 47 C.F.R. Section 73.3573(a)
(for FM applicants).
When to File: The Commission periodically issues
public notices that announce filing windows during
which it will accept certain types of broadcast
applications. When using Form 340 to apply for a new
station or to propose major changes to an existing
station, applicants must file during a window filing
period for NCE applications. When using Form 340 to
propose minor changes to an existing NCE authorization,

All previous editions obsolete

Which Form Sections to File: This application consists
of the following sections:
I.
II.
III.
IV.
V.
VI.
VII.

General Information
Legal and Financial Information
Fair Distribution of Service (FM Radio Only)
Point System Factors
Tie Breakers
Certification
NCE Engineering Data and Preparer’s Certification
(for preparer of the engineering information in the
application)

An applicant for a new station on a reserved channel
must submit all sections. Existing stations proposing a
major change on a reserved channel need file only
Sections I, II (Items 1, 12, 13, 18, and 19 only), IV, V,
VI, and VII. Existing stations proposing a minor change
on a reserved channel need file only Sections I, II (Items
1, 13, 18, and 19 only), VI, and VII. An applicant for a
minor change to an existing FM facility, in which the
applicant seeks to change the community of license,
must also fill out Item 12 of Section II. Applicants using
this form to amend an existing application should file the
sections pertaining to the information to be amended and
a certification.
E.

FCC Rules: This form makes many references to the
Commission’s rules. Applicants should have on hand
and be familiar with current broadcast rules in Title 47 of
the Code of Federal Regulations (C.F.R.):
(1) Part 0 "Commission Organization"
(2) Part 1 "Practice and Procedure"
(3) Part 73 "Radio Broadcast Services"
FCC Rules may be downloaded or purchased from the
Government Printing Office (GPO). To download the
rules, the website link is www.gpoaccess.gov/index.
html. To purchase the rules, contact GPO Customer
Service Desk at (202) 512-1803 for current prices. 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: New
Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954.

FCC 340 Instructions

that station is deemed sufficient pursuant to 47
C.F.R. Section 73.3580(e).

In addition, any rule in Title 47, including the NCE rules
in Part 73, may be retrieved by rule section number via
the Commission’s World Wide Web site. Applicants
may locate any rule in Parts 0, 1, and 73 at
http://www.fcc.gov/mb/asd/bickel/47CFRrule.html.
F.

(2)

Electronic or Paper Filing of Application Forms and
Amendments:
The Commission is developing
electronic versions of its forms. When the electronic
version of this form is available, the Commission will
issue a Public Notice and provide more details on its use.
Applicants that prepare this application in paper form
should file an original and two copies of this form, all
exhibits, and any subsequent amendments with: The
Secretary, Federal Communications Commission,
Washington, D.C. 20554. Applicants should follow the
filing procedures in Parts 1 and 73 of the Commission’s
rules. There is no fee to file this form on paper or
electronically.
Applicants submitting an amendment to a previously
filed application, should prepare, sign, and file the
amendment in the same manner as the original
application, and should make sure it contains the
following information to identify the associated
application:
(1)
(2)
(3)
(4)
(5)
(6)

Applicant's name.
Service (FM or TV).
Call letters or specify "NEW" station.
Channel number (FM or TV).
Community of license.
File number of application being amended (if
known).
(7) Date of filing of application being amended (if file
number is not known).
(8) Facility ID Number.
G.

H.

Public Inspection File: The applicant must make a
copy of this completed application and all related
documents available to the public in the applicant’s
public inspection file located in the community of
license, pursuant to 47 C.F.R. Section 73.3527.

I.

Defective Applications: Applicants should provide all
information requested in this application. If any portions
of the application are not applicable, the applicant should
select the “N/A” option if provided, or skip the question
only if specifically directed to do so on the form or
instructions. Defective or incomplete applications will
be returned without consideration. It is unacceptable
to state “on file.” All information must be on this
application form. Inadvertently accepted applications
are also subject to dismissal. See 47 C.F.R. Section
73.3564(b).

J.

Current Information: Applicants have a continuing
obligation to advise the Commission, through
amendments, of any substantial and material changes in
the information furnished in this application, in
accordance with 47 C.F.R. Section 1.65.
This
requirement continues until the FCC action on this
application is no longer subject to reconsideration by the
Commission or review by any court.

K.

Worksheets: 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 claiming points in Section IV,
however, must document those claims as explained
further in the instructions for that section.

Public Notice Requirements:
(1)

Many applicants filing Form 340 must publish a
public notice to inform the community about the
proposal. In accordance with 47 C.F.R. Section
73.3580, applicants for construction permits for
new broadcast stations and for major change in
existing broadcast facilities [as defined in 47
C.F.R. Sections 73.3572(a)(1) (for television
applicants) or 73.3573(a) (1) (for FM applicants)]
must give local public notice. This publication
requirement also applies to major amendments as
defined in 47 C.F.R. Sections 73.3572(b)
(television), and 73.3573(b) (FM).
This
publication requirement also applies with respect to
applications for minor modification to existing FM
facilities in which the applicant seeks to change the
existing facility’s community of license. For
noncommercial stations not yet on the air
publication generally must be in a newspaper of
general circulation in the community to which the
station is licensed. However, if the noncommercial
station is operating, publication by broadcast over

2

Applicants should give public notice no earlier than
30 days before and no later than 30 days after filing
the application with the Commission.
The
applicant must certify compliance or intent to
comply with the public notice requirements in
Section II of this application. The required content
of the local notice is described in 47 C.F.R. Section
73.3580(f).
Worksheet #1 attached to these
instructions provides additional guidance. The
applicant need not file proof of publication with the
application.

L.

M.

Facility ID Number. The FCC assigns a unique facility
identification number to all authorized broadcast stations.
New station applicants should leave this box blank.
Applicants for minor or major changes can obtain facility ID
numbers for their authorized stations at the Commission’s
World Wide Web site at www.fcc.gov/mb. Once at this
website, scroll down and select CDBS Public Access. You
can also obtain your facility ID number by calling: Radio (202) 418-2700, TV 202-418-1600. Further, the facility ID
number is included on all Commission authorizations and
postcards.

Certifications: 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.
A "No" response to any of the certification questions for
which an exhibit can be submitted will not cause the
dismissal of the application provided that an appropriate
exhibit is completed.

Question 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 Question 2, at the applicant’s
option.

Signatures:
The applicant and the applicant’s
authorized engineering representative, if any, must sign
the application. Depending on the nature of the
applicant, the application should be signed as follows: if
a corporation, by an officer; for an unincorporated
association, by a member who is an officer (for an
unincorporated educational institution that could be a
school superintendent, officer of the school board, or a
university officer); if a governmental entity, by such duly
elected or appointed official as is competent under the
laws of the particular jurisdiction. Counsel may sign the
application for his or her client, but only in cases of the
applicant's disability or absence from the United States.
See 47 C.F.R. Section 73.3513. If the application is filed
electronically, the signature will consist of the electronic
equivalent of the typed name of the individual. See
Report and Order in MM Docket No. 98-43, 13 FCC
Rcd 23,056, 23,064 (1998).

INSTRUCTIONS
INFORMATION

FOR

SECTION

I

–

Question 3: Window. Applications for new stations and for
major changes to authorized facilities can be filed only during
specified filing windows. The opening and closing dates for
such windows and a window number identifying the window
are generally announced by Public Notice. Applicants filing
in response to a window should answer “Yes” and provide the
window closing date and/or the window number. All other
applications can be filed at any time. Such applicants should
answer “No.”
Question 4: DTV Service Type. The DTV Pre-Transition
service type is for a station whose application relates solely to
its pre-transition DTV operation and will not affect its
authorized post-transition operation.
The DTV PostTransition service type is for a station whose application
relates solely to its post-transition operation and will not affect
its authorized pre-transition operation. The DTV Both (Preand Post-Transition) service type is for a station whose
application relates to both its pre- and post-transition
operation. Only a station whose pre-transition DTV channel is
the same as its post-transition channel may use the DTV Both
service type.

GENERAL

Question 1: Applicant Name, etc. The name of the
applicant stated in Section I shall be the exact name of the
agency, board, institution, organization, corporation or
association seeking the authorization. In all other sections of
this form, an abbreviated name can be used for identification
of the applicant.

DTS Service Type: A DTV station may be authorized to
operate multiple synchronized transmitters on its assigned
channel to provide service consistent with the requirements of
47 C.F.R. Section 73.626 of the Commission’s rules. Such
operation is called a distributed transmission system (DTS).
Except as expressly provided in 47 C.F.R. Section 73.626, DTV
stations operating a DTS facility must comply with all rules
applicable to DTV single-transmitter stations. See also Digital
Television Distributed Transmission System Technologies; MB
Docket No. 05-312; Report and Order, FCC 08-256 (rel. Nov. 7,
2008).

Address. In Section I use only those state abbreviations
approved by the U.S. Postal Service.
FCC Registration Number (FRN). To comply with the Debt
Collection Improvement Act of 1996, the applicant must enter
its FRN number, a ten-digit unique entity identifier for anyone
doing business with the Commission. The FRN can be
obtained through the FCC webpage at http://www.fcc.gov or
by manually submitting FCC Form 160. FCC Form 160 is
available
for
downloading
from
http://www.fcc.gov/formpage. html or by calling 1-800-4183676. Questions concerning the FCC Registration Number
can be directed to the Commission’s Registration System help
desk at http://[email protected] or by calling 1-877480-3201.

INSTRUCTIONS FOR SECTION II – LEGAL AND
FINANCIAL INFORMATION
Question 1: Certification. Each applicant is responsible for
the information that the application instructions and
worksheets convey. The Commission's licensing processes
are premised on the accuracy and reliability of applicant
certifications. Thus, each applicant must carefully review all

3

be subject to various FCC rules and related statutory
requirements. The applicant will be answering questions
about those individuals and entities listed in response to
Question 6 when responding to other subsequent questions.
As used in this application, the term "party to the application"
includes any individual or entity whose ownership or
positional interest in the applicant is attributable. An
attributable interest is an ownership interest in or relation to an
applicant or licensee which will confer on its holder that
degree of influence or control over the applicant or license
sufficient to implicate the Commission's multiple ownership
rules. Although the multiple ownership rules do not limit the
number of attributable noncommercial educational stations
that can be owned, the attributable nature of stations is
nevertheless an important one in the noncommercial
educational context, especially in the use of resolving
mutually exclusive applications. In responding to Question 6,
applicants should review the Commission's multiple
ownership attribution policies and standards which are set
forth in the Notes to 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. 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). In the
noncommercial context, the interest of the applicant, its
parent, its subsidiaries, and their officers and directors are
attributable.
Additionally, "parties to the application"
includes the following with respect to each of the listed
applicant entities:

instructions and worksheets prior to completing this
application. In this question, the applicant must certify that it
has reviewed these materials and bases its answers on these
materials.
Question 2:
Eligibility.
Indicate the noncommercial
educational nature of applicant’s organization. All nonprofit
educational institutions, including public and private schools
and colleges, should choose “a.” Government entities,
including agencies, boards, etc., that do not operate a school
should choose “b.” Non-profit educational organizations that
are neither schools nor government entities, such as private
educational nonprofit corporations, should choose “c.” If the
applicant cannot answer “Yes” to any subpart of this question,
the applicant is not eligible to hold an NCE station
authorization.
Question 3: Television applicants other than governments
and schools are eligible to hold NCE authorizations only if the
applicant’s leaders are representative of a broad cross section
of community elements. Examples of elements of the
community are businesses, civic groups, professions, religious
groups, schools, and government. See Worksheet #2 which is
based on Community Leader Checklist, Ascertainment of
Community Problems by Broadcast Applicants, 41 Fed. Reg.
1372, 1384 (January 7, 1976). For a governing board to be
considered representative, the applicant must have at least four
different elements of the community among its leadership.
Television applicants checking “Yes” to “2(a)” or “2(b)” and
radio applicants should indicate “Not applicable.”
Question 4(a):
Indicate whether the Commission has
previously approved the applicant’s educational qualifications
and program and whether the applicant will use the proposed
station to advance a similar program. Applicants answering
“Yes” should indicate the file number of the most recent
application in which the Commission granted such approval,
and need not provide an exhibit in Question 4(b).

Government or Public Educational Agency, Board, or
Institution: The members of the governing board and chief
executive officers shall be considered parties to the
application.
Non-Stock Corporations or Other Non Stock Entities: The
applicant, the parent and subsidiary entities of the applicant,
and the officers, directors, and governing board members of
the applicant and its parent and subsidiary entities are
considered to be parties to the application.

Question 4(b): Applicants not previously approved or
planning to advance a program dissimilar from one previously
approved must establish their qualifications. The applicant
must provide an exhibit showing that it has an educational
objective and that the station will be used for the advancement
of an educational program that will further that objective in
accordance with 47 C.F.R. Sections 73.503 (radio) or 73.621
(TV). In considering these requirements, emphasis is placed
on proposed station programs which are clearly educational in
nature, i.e., actually involve teaching or instruction, whether
for formal credit or not. However, it is not necessary that the
proposed station’s programming be exclusively educational in
nature. Also, all programming on the station must be
noncommercial in nature, with no advertisements, and no
support for or opposition of a candidate for political office.

Partnerships and Limited Partnerships: Partners and noninsulated limited partners are considered to be parties to the
application. A limited partner in a limited partnership is
considered to be insulated if the limited partner is not
materially involved, directly or indirectly, in the management
or operation of the media-related activities of the partnership,
and the applicant so certifies in response to subsection “b” of
Question 6. Sufficient insulation of a limited partner for
purposes of this certification is assured if the limited
partnership agreement:
(1)

Question 5: The applicant should review its governing
documents to determine whether they limit the applicant from
advancing an educational program or from complying with
FCC rules.
Question 6(a): Parties to the Application. This question is
designed to identify all individuals and organizations who may

4

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;

(2)

bars any exempt limited partner from serving, in any
material capacity, as an independent contractor or agent
with respect to the partnership's media enterprises;

(3)

restricts any exempted limited partner from
communicating with the licensee or the general partner
on matters pertaining to the day-to-day operations of its
business;

(4)

empowers the general partner to veto any admissions of
additional general partners admitted by vote of the
exempt limited partners;

(5)

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;

(6)

bars any exempt limited partner from performing any
services to the limited partnership materially relating to
its media activities, with the exception of making loans
to, or acting as a surety for, the business; and

(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.

is passive in nature, in which case voting stock interests
of 20 percent or more are attributable. Worksheet #3
entitled “Non-Party Influence Over Applicant” is
provided to help determine whether an interest is passive
in nature for purposes of the Commission’s attribution
policies and standards. Where the 5 percent stock owner
is itself a corporation, each of its stockholders, directors
and "executive" officers (president, vice-president,
secretary, treasurer or their equivalents) is considered a
party to this application UNLESS the applicant submits
as an exhibit a statement establishing that an individual
director or officer will not exercise authority or influence
in areas that will affect the applicant or the station. In
this statement, the applicant should identify the
individual by name and title, describe the individual's
duties and responsibilities, and explain the manner in
which such individual is insulated from the corporate
applicant and should not be attributed an interest in the
corporate applicant or considered a party to this
application. In addition, a person or entity holding an
ownership interest in the corporate stockholder of the
applicant is considered a party to this application ONLY
IF that interest, when multiplied by the corporate
stockholder's interest in the applicant, would account for
5% or more of the issued and outstanding voting stock of
the applicant. For example, where Corporation X owns
stock accounting for 25% of the applicant's votes, only
Corporation X shareholders holding 20 percent or more
of the issued and outstanding voting stock of
Corporation X have a 5% or more indirect interest in the
applicant (.25 x .20 = .05) and, therefore, are considered
parties to this application. In applying the multiplier,
any entity holding more than 50% of its subsidiary will
be considered a 100% owner. Where the 5% stock
owner is a partnership, each general partner and any
limited partner that is non-insulated, regardless of the
partnership interest, is considered a party to the
application. Stock subject to stockholder cooperative
voting agreements accounting for 50% or more of the
votes in a corporate applicant will be treated as if held by
a single entity and any stockholder holding 5% or more
of the stock in that block is considered a party to this
application.
An investment company, insurance
company or trust department of a bank is not considered
a party to this application, and an applicant may properly
certify that such entity's interest is non-attributable, IF
its aggregated holding accounts for less than 20% of the
outstanding votes in the applicant AND IF:

Notwithstanding conformance of the partnership agreement to
these criteria, however, the requisite certification cannot be
made if the applicant has actual knowledge of a material
involvement of a limited partner in the management or
operation of the media-related businesses of the partnership.
In the event that the applicant cannot certify as to the
noninvolvement of a limited partner, the limited partner will
be considered as a party to this application.
Limited Liability Companies: The Commission treats an
LLC as a limited partnership, each of whose members is
considered to be a party to the application. However, where
an LLC member is insulated in the manner specified above
with respect to a limited partnership and where the relevant
state statute authorizing the LLC permits an LLC member to
insulate itself in accordance with the Commission's criteria,
that LLC member is not considered a party to the application.
Stock Corporations: The Commission’s multiple ownership
attribution policies and standards apply to NCE applicants and
licensees that are stock corporations. Generally, the applicant,
the parent and subsidiary entities of the applicant, the officers,
directors, and governing board members of the applicant and
its parent and subsidiary entities, and holders of voting stock
interests in the applicant of 5 percent or more are considered
to be parties to the application.
a.

(1)

such entity exercises no influence or control over
the corporation, directly or indirectly; and

(2)

such entity has no representatives among the
officers and directors of the corporation.

NOTE: In the event that the applicant has more than 50
stockholders, stock subscribers, or holders of
membership certificates or other ownership interests,
only officers, directors, and persons or entities who are
the beneficial or record owners, have the right to vote
1% or more of the capital stock, membership or
ownership interest, or are subscribers to such interest,

Voting stock interests. Voting stock interests of 5
percent or more of the issued and outstanding voting
stock of the applicant are attributable, unless the interest

5

shall be considered parties to this application. If any
corporation or other legal entity owns 1% or more of an
applicant with more than 50 stockholders, its officers,
directors and all persons or entities, who are the
beneficial or record owners, have the right to vote 1% or
more of the capital stock, membership or ownership
interest, or are subscribers to such interest in the entity,
shall also be considered parties to this application.
b.

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 Question 8 is "No," the applicant must
submit an exhibit that identifies 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 explain why the unresolved
character issue is not an impediment to a grant of this
application.

Non-voting stock and debt interests. Non-voting stock
and debt interests may be attributable under the
Commission’s “equity-debt-plus” (“EDP”) attribution
standard. Under the EDP standard, the interest held,
aggregating both equity and debt, must exceed 33% of
the total asset value (all equity plus all debt) of the
applicant, a broadcast station licensee, cable television
system, daily newspaper or other media outlet subject to
the Commission's broadcast multiple ownership rules
AND the interest holder must either hold an attributable
interest in a media outlet in the same market or supply
over 15% of the total weekly broadcast programming
hours of the station in which the interest is held. For
example, the equity interest of a donor or lender would
normally not be considered attributable. However, under
the EDP standard, that interest would be attributable if
the donor or lender provided more than 33% of the
applicant's total asset value AND the donor or lender
also held a 5% voting interest in a radio or television
station licensee in the same market.

In responding to Question 9, 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 Question 9 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.

Question 6(b):
Generally, certain investors, certain
supporters and donors, certain creditors and others with
similar relationships to the station are not considered parties to
the application. However, as set forth in Worksheet #3,
entitled "Non-Party Influence over Applicant," the holder of
such an interest may be deemed a party to the application in
particular situations where they may influence the station and,
if so, must be listed in the table in Question 6a. In the event
that the non-party influence over applicant worksheets
requires submission of an explanatory exhibit, the applicant
must respond “No” to Question 6(b) and provide an exhibit.

Question 10: Alien Ownership and Control. All applicants
must comply with Section 310 of the Communications Act, as
amended. Specifically, Section 310 proscribes issuance of a
construction permit to an alien, the 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 corporation
of which more than 20% of the capital stock is owned or voted
by aliens, their representatives, a foreign government or its
representative, or by a corporation organized under the laws of
a foreign country. This proscription could likewise apply to
any corporation directly or indirectly controlled by another
corporation of which (a) any officer is, (b) more than 25% of
the directors are, or (c) more than 25% of the capital stock is
owned or voted by aliens, their representatives, a foreign
government or its representative. The Commission may also
deny a construction permit to a corporation controlled by
another corporation organized under the laws of a foreign
country.

Question 7: List the radio and television stations in which the
parties identified in Question 6 have an attributable interest. If
these parties have no other broadcast interests select “Not
applicable.”
Questions 8 and 9: Character Issues/Adverse Findings.
Question 8 requires the applicant to certify that neither it nor
any party to the application has had any interest in or
connection with an FCC application that was or is the subject
of unresolved character issues. Question 9 requires the
applicant to disclose 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 including
non-FCC 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 nonFCC misconduct. In responding to Questions 8 and 9,
applicants should review the Commission's character
qualifications policies, which are fully set forth in Character

The applicant must determine the citizenship of each officer
and director. It must also determine the citizenship of each

6

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.

shareholder or else explain how it determined the relevant
percentages. For large corporations, a sample survey using a
recognized statistical method is acceptable for this purpose.
Question 11: Program Service Certification. A broadcast
station is required to present informational programming
responsive to issues and problems of the residents of its
community of license.
Issues can be addressed in
programming such as news, public affairs, religious,
community
bulletin
boards,
and
public
service
announcements.
Prior to making the certification, the
applicant should familiarize itself with its obligations. See
Programming Information in Broadcast Applications, 3 FCC
Rcd 5467 (1988).

General guidelines for developing an Equal Employment
Opportunity program are set forth in FCC Form 396-A.
Questions 15, 16 and 17: Financial. These questions are for
new stations only.
Applicants for new stations must
demonstrate their financial qualifications by answering
Questions 15, 16 and 17. An applicant for a new station must
attest it has sufficient net liquid assets on hand, or committed
sources of funds to construct the proposed facility and operate
for three months, without additional funds. In so certifying,
the applicant is also attesting that it can and will meet all
contractual requirements, if any, as to collateral, guarantees,
donations, and capital investments. As used here, "net liquid
assets" means the lesser amount of the net current assets or of
the liquid assets shown on a party's balance sheet, with net
current assets being the excess of current assets over current
liabilities. Applicants requesting financial assistance from the
National Telecommunications and Information Administration
(NTIA) are encouraged to file this FCC Form 340 well before
filing their requests for funds with NTIA.

Question 12: Local Public Notice. In responding to this
question, applicant should refer to the Local Notice Checklist
in the Worksheets.

Question 13: 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.

Documentation supporting the attestation of financial
qualifications need not be submitted with this application but
must be available to the Commission upon request. The
Commission encourages that all financial statements used in
the preparation of this application be prepared in accordance
with generally accepted accounting principles.

Section 5301 of the Anti-Drug Abuse Act of 1988 provides
federal and state court judges the discretion to deny federal
benefits to individuals convicted of offenses consisting of the
distribution or possession of controlled substances. Federal
benefits within the scope of the statute include FCC
authorizations. A "Yes" response to Question 13 constitutes a
certification that neither the applicant nor any party to this
application has been convicted of such an offense or, if it has,
it is not ineligible to receive the authorization sought by this
application because of Section 5301.

Questions 18 and 19: Holding Period. These questions
apply to modification applications only. Applicants for
modified facilities whose construction permits were awarded
based on certain preferences, must demonstrate that they are
maintaining those characteristics or that four years of on-air
operations have already been provided. Applicants who
received no preferences should answer “Yes.” All others
should answer “No” and provide the information requested. If
answering “No” to Question 19(a), provide an exhibit
demonstrating that a proposed downgrade would be in the
public interest. The exhibit should include the station’s
covered population and area as authorized, and the population
and area proposed.

With respect to this question only, the term "party to the
application" includes 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.

INSTRUCTIONS FOR SECTION III – PRELIMINARY
FACTORS IN EVENT OF MUTUAL EXCLUSIVITY

Question 14. Equal Employment Opportunity Program.
Applicants seeking authority to construct a new
noncommercial 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

Questions 1 and 2: This section is applicable only to
applications for new and major changes to FM stations
operating in the reserved band (Channels 200-220). This
section enables us to consider, in the event of mutually
exclusive FM applications that would serve different
communities, whether service to one community over the
other would best achieve our directive to distribute radio
service fairly among communities. See 47 U.S.C. Section
307(b). The certification asks whether the station would
provide a first or second noncommercial educational radio
service to a significant population. The applicant’s population

7

applicant can claim 2 points. Parties are those people or
entities listed in response to Section II, Question 6. For
purposes of this question, only same service stations (radio or
TV) are relevant. For example, an applicant for a new
noncommercial educational FM radio station must consider
whether there are attributable interests in overlapping 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, except to the extent that the
applicant intends to replace specific translator(s) with the
proposed full service station. 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.

figures must be based on the most recent Census Block Data
from the United States Bureau of Census. Applicants should
use the centroid method of counting population (counting
persons within each of the relevant census blocks). Applicants
should calculate contours based on the standard predicted
contours established in 47 C.F.R. Section 73.313(c).
Applicants answering “Yes” should provide an exhibit
identifying the population residing within the station’s 60 dBu
service contour and the number of people receiving first or
second NCE aural service. First or second service to fewer
than 2,000 people is considered insignificant. See Worksheet
#6 for additional information.

INSTRUCTIONS FOR SECTION IV – POINT SYSTEM
FACTORS
In the event of conflicting mutually exclusive applications not
resolved through consideration of the preliminary matters in
Section III, 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,
15 FCC Rcd 7386 (2000) and clarified in Memorandum
Opinion and Order, FCC 01-64 (February 28, 2001). 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.

Question 2(b): If the applicant is proposing to build a full
service station that will replace the applicant’s existing
translator(s) it need not count the translator(s) (which would
cease upon operation of the proposed full service stations) for
purposes of diversity. The applicant relying on this exception
may exclude the translator(s) from Question 2(a) above if it
answers “Yes” to Question 2(b) and provides an exhibit
identifying the translator(s) and stating its intention to request
cancellation of the translator(s)’ authorization upon
commencement of operation of the proposed full service
station.

Question 1: Established Local Applicant. Applicant should
complete Worksheet #4. 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,
copies of governing documents requiring a 75% local
governing board, and course brochures indicating that classes
have been offered at a local campus for the preceeding two
years, etc.

Question 3: State-wide Network. If the Applicant has not
claimed a credit for local diversity in Question 2 above, it
should complete Worksheet 5 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 5.
National and regional
networks generally will not qualify for this credit. Applicants
who determine, after completing Worksheet 5, 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.

Question 2(a): Diversity of Ownership. If no party to the
application has an attributable interest in another authorized
station with an overlapping principal community contour, the

Question 4: Technical Parameters. An applicant that
provides the best technical proposal among the competing

8

in 10 television stations. Applicant B should indicate interests
in one radio station. (Its officers and parent are parties, but the
TV interests are not counted.)

applicants, in terms of area and population served, may be
eligible for additional points.
The applicant may use
Worksheet #8 to answer this question. Applicant should
indicate the area and population within its proposed 60 dBu
service contour (FM) or Grade B contour (TV). For new
stations, the proposal is the area covered by that contour. For
modifications to existing stations, the proposal is the new area
within that contour. Modification applications must exclude
any areas within the proposed service contour that are already
served by the station’s existing 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.

Applicant B would become the tentative selectee because it
has fewer attributable authorizations.
Question 2: Pending Applications. If a tie remains between
mutually exclusive applicants after considering Question 1
(existing authorizations), the Commission will select the
applicant with the fewest pending applications in the same
service (radio or TV) 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 FM
translator (other than fill-in FM stations). Do not include
other applications (e.g., voluntary assignment of license,
license renewal, minor change in existing facilities).
INSTRUCTIONS FOR SECTION VII – ENGINEERING
DATA AND ANTENNA AND SITE INFORMATION
General Instructions.
These are general engineering
instructions applicable to all applicants. An applicant should
also review the instructions applicable to its particular
application (FM, TV, or DTV). The engineering section
contains a “Tech Box” in which the applicant specifies all
technical data required for engineering review. In the event
that there are any discrepancies between data in the “Tech
Box” and data submitted elsewhere in the application, the data
in the “Tech Box” will be controlling. It is unacceptable to
state that information is “on-file.”

INSTRUCTIONS FOR SECTION V – 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 and the applicants cannot
reach a voluntary settlement, the Commission will consider
the tied applicants for mandatory timesharing on an equal-time
basis.
Question 1: 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 authorizations held by parties to the
application nationwide, but only full service stations in the
same service (radio or television). Include both licenses and
construction permits, whether commercial or noncommercial.
In addition, FM applicants must count translator stations
providing non-fill-in service (i.e., those extending a station’s
service area) unless identified in an exhibit to Question
IV(2)(b) above. Do not count FM translators providing fill-in
only service in determining the number of stations for this
question.
Example: Applicants A and B are competing to construct a
new noncommercial educational radio station, and are tied.
Applicant A has one television station, one FM station using
one fill-in FM translator, and one construction permit to build
a new commercial AM station. Applicant A should indicate
interests in two radio stations. (The TV and fill-in translator
interests are not counted.)
Applicant B has no other radio authorizations. A member of
its governing board also serves on the governing board of a
commercial AM station. Its parent organization has interests

9

a.

Applicants are not required to indicate the specific
transmitter make and model.
Rather, the permit
authorizing construction will require installation of a
FCC certified transmitter in compliance with the
provisions of 47 C.F.R. Section 73.1660.

b.

The latitude and longitude coordinates for all points in
the United States are based upon the 1927 North
American Datum (NAD 27). The National Geodetic
Survey is in the process of replacing NAD 27 with the
more accurate 1983 North American Datum (NAD 83)
and updating current topographic maps with NAD 83
datum. In addition, coordinates determined by use of the
satellite-based Global Positioning System already reflect
the NAD 83 datum. To prevent intermixing of data
using two different datums, however, the Commission
announced that until further notice, applicants are to
furnish coordinates based on NAD 27 datum on all
submissions and the Commission will continue to
specify NAD 27 coordinates in its data bases and
authorizations. In addition, applicants who have already
filed applications with coordinates that reflect NAD 83
datum must provide NAD 27 coordinates to the
appropriate Commission licensing bureau. See Public
Notice, "FCC Interim Procedures for the Specification of
Geographic Coordinates," 3 FCC Rcd 1478 (1988).
Accordingly, in furnishing the information called for in
Section V (e.g., V-A (AM), #4, V-B (FM), #2, V-C

(TV), #2 V-D (DTV), #6), the applicant should use NAD
27 datum.
c.

d.

Effective July 1, 1996, the Commission adopted rules
which require Antenna Structure owners to apply for a
registration number whenever antenna structures meet
FAA notification criteria. As owners register these
structures they are required to provide tenant licensees
with a copy of FCC Form 854R which provides the
antenna structure registration number. (If you need
additional information, contact the FCC's Consumer
Assistance Branch at 1-800-322-1117 for a copy of
FACT SHEET #15, Antenna Structure Registration.)

(a)

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
lighting is proposed or utilized within a
residential area, the EA must also address the
impact of this lighting upon the residents.

(b)

A
statement
regarding
the
zoning
classification of the site, and communications
with,
or
proceedings
before
and
determinations (if any) made by zoning,
planning, environmental or other local, state
or federal authorities on matters relating to
environmental impact.

(c)

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 which 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
which have been or might reasonably be
considered.

The following guidance is provided for the questions
regarding environmental impact:
(1)

(2)

(3)

An engineering study based upon OST Bulletin
No. 65, October, 1985, entitled "Evaluating
Compliance with FCC-Specified Guidelines for
Human Exposure to Radiofrequency Radiation"
addressing the issue of potential occupational and
public hazards caused by the proposed facilities.
You must state what steps will be taken to limit the
RF radiation exposure to the public and to persons
authorized access to the tower.

(d)

Place an (X) in the appropriate box to indicate
whether a Commission grant of the proposed
communication facility(ies) may have a significant
environmental impact as defined by 47 C.F.R.
Section 1.1307. Briefly, Commission grant of an
application may have a significant environmental
impact if any of the following is proposed:
(a)

A facility is to be located in sensitive areas
(e.g., an officially designated wilderness area,
a wildlife preserve area, a flood plain) or will
physically or visually affect sites significant
in American history.

(b)

A facility whose construction will involve
significant change in surface features.

(c)

The antenna tower and/or supporting
structure(s) will be equipped with high
intensity white lights and are to be located in
residential neighborhoods.

(d)

The facilities or their operation will cause
exposure of workers or the general public to
levels of radio frequency radiation in excess
of current FCC guidelines. NOTE: This
paragraph applies also to FM booster and
translator stations transmitting with an ERP
in excess of 100 watts. See 47 C.F.R. Section
1.1307(b), Note 1.

If you answer Yes, submit the required
Environmental Assessment ("EA"). Include in the
EA the following information, for antenna towers:

10

(4)

The information submitted in the EA shall be
factual (not argumentative or conclusory) and
concise with sufficient detail to explain the
environmental consequences and to enable the
Commission, after an independent review of the
EA, to reach a determination concerning the
proposal's environmental impact, if any. The EA
shall deal specifically with any feature of the site
which has special environmental significance (e.g.,
wilderness area, wildlife preserves, natural
migration paths for birds and other wildlife, and
sites of historic, architectural, or archeological
value). In the case of historically significant sites,
it shall specify the effect of the facilities on any
district, site, building, structure or object listed in
the National Register of Historic Places, 39 Fed.
Reg. 6402 (February 19, 1974). It shall also detail
any substantial change in the character of the land
utilized (e.g., deforestation, water diversion,
wetland fill, or other extensive change of surface
features). In the case of wilderness areas, wildlife
preserves, or other like areas, the statement shall
discuss the effect of any continuing pattern of
human intrusion into the area (e.g., necessitated by
the operation and maintenance of the facilities).

(5)

The EA shall also be accompanied with evidence
of site approval, as obtained from local or federal
land use authorities.

(6)

To the extent that such information is submitted in
another part of the application, it need not be

(7)

duplicated in the EA. However, adequate crossreference to such information shall be supplied.

ruled on a proposed structure, indicate whether the FAA
Notification has been filed with the FAA.

An EA does not need to be submitted to the
Commission if another agency of the Federal
Government has assumed responsibility (a) for
determining whether the facilities in question will
have a significant effect on the quality of the
human environment, and (b) for invoking the
environmental impact statement process if it will
affect the environment.

Items 6-9: Elevation and Heights. All heights must be
in meters, rounded to the nearest whole number.
Items 10-11: Effective Radiated Power. The effective
radiated power must be entered in kilowatts, and
rounded pursuant to Section 73.212.
Applicants
proposing a beam-tilt antenna must complete Item 10.
Item 12: Directional Antenna. If a directional antenna
is proposed, the directional antenna must comply with
Sections 73.316 and 73.510. Applicants need not submit
the exact antenna manufacturer, make, model, and size
along with FCC Form 340. Applicants proposing a
directional antenna must complete the table in Item 12.
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.

SECTION VII - FM (FM ENGINEERING)
1.

Tech Box: The applicant must accurately specify the
requested facilities in Items 1 through 12 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 200 and 300. See Sections 73.201 and 73.501.
If the channel is a reserved channel above 220 as
indicated by an asterisk in the Table of Allotments, the
applicant will be required to meet the engineering
requirements for non-reserved channels stations in item
14.
2.

Item 2: Class. The proposed class must meet the
requirements in Sections 73.210, 73.211 and 73.511.
Item 3:
Antenna Location Coordinates.
The
proposed antenna site must be specified using North
American Datum 27 (NAD 27) coordinates. Please
indicate North or South Latitude, and East or West
Longitude.

Certifications. Items 12-15 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for FM
stations.
Item 13: Main Studio Location. The applicant must
certify that its proposed main studio location complies
with the requirements of Section 73.1125. In order to
answer "Yes" to this question, the applicant's proposed
main studio must be either (1) within the principal
community contour of any station licensed to that
community; or (2) less than 25 miles from the reference
coordinates of the center of its community of license. A
community's reference coordinates are generally the
coordinates listed in the United States Department of the
Interior publication entitled Index to the National Atlas
of the United States. An alternative reference point, if
none is listed in the Atlas, is the coordinates of the
community's main Post Office.

Item 4: Proposed Assignment Coordinates. FOR
RESERVED CHANNELS ABOVE 220 ONLY. If
modifying an assignment (that is, channels and
communities occupied by or reserved for authorized
facilities), the proposed assignment site must be
specified using NAD27 coordinates. Assignment sites
must comply with the requirements in Section 73.203(b),
and/or 73.3573(g) (Including that it must be fully spaced
under Section 73.207, and must provide 70 dBu
coverage to 100 percent of the community of license
pursuant to Section 73.315). If the application is not
proposing to modify an assignment, the applicant should
check “Not Applicable.”

In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted equipment
and capable of originating programming at any time.
Additionally, the studio must be staffed by at least one
management-level employee and one staff-level
employee at all times during regular business hours. See
Jones, Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615
(1991), clarified, 7 FCC Rcd 6800 (1992), aff'd 10 FCC
Rcd 3759 (1995). Additionally, each AM, FM, and TV
broadcast station must at all times maintain a toll-free

Item 5: Antenna Structure Registration Number.
The Antenna Structure Registration number should be
entered here. Most towers greater than 61 meters (200
feet) in height, or those located near airports require
antenna registration numbers. See Section 17.4. If the
tower does not require registration, indicate that
registration is Not Applicable, or if the FAA has not yet

11

telephone line from its community of license to its main
studio, wherever located.
Item 14: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission’s community coverage requirements. See
Sections 73.315 (Channels 221 and above) and 73.515
(Channels 220 and below). CHANNELS 221 AND
ABOVE: In order to answer “Yes” to this question, the
proposed 3.16 mV/m contour must cover the entire
principal community to be served, using the standard
prediction method from Section 73.313. CHANNELS
220 AND BELOW: In order to answer “Yes” to this
question, the proposed 1.0 mV/m contour (using the
standard prediction method from Section 73.313) must
cover at least 50% of the principal community or reach
50% of the population within the community. If
compliance with Sections 73.315 or 73.515 is based on
alternative prediction methods, exhibits must be
submitted demonstrating compliance with all appropriate
rule sections.

Section 73.509 Overlap. If the proposed operation
is for a full service or Class D facility for a channel
in the range from Channel 201 through 220 (88.1
through 91.9 MHz), or if this proposed operation is
for a Class D station in the range from Channel 221
through 300 (92.1 through 107.9 MHz), attach as
an Exhibit a complete allocation study to establish
the lack of prohibited overlap of contours with
other U.S. stations. The allocation study should
include the following:
(1)

The normally protected interference-free and
the interfering contours for the proposed
operation along all azimuths;

(2)

Complete normally protected interferencefree contours of all other proposals and
existing stations to which objectionable
interference would be caused;

(3)

Interfering contours over pertinent areas of all
other proposals and existing stations from
which objectionable interference would be
caused;

(4)

Normally protected and interfering contours
over pertinent arcs, of all other proposals and
existing stations, which require study to show
the absence of objectionable interference;

Plot of the transmitter location of each station
or proposal requiring investigation, with
identifying call letters, file numbers and
operating or proposed facilities;

(6)

When necessary to show more detail, an
additional allocation study will be attached
utilizing a map with a larger scale to clearly
show interference or absence thereof;

(7)

A scale of kilometers and properly labeled
longitude and latitude lines, shown across the
entire Exhibit(s). Sufficient lines should be
shown so that the location of the sites may be
verified; and

(8)

The name of the map(s) used in the
Exhibit(s).

If the facility proposed operation on channel 218,
219, or 220 or operate on channels 221 through
300; and/or is 53 or 54 channels removed, the
applicant should respond to 13(b) through 13(d) if
applicable and submit an Exhibit.

Item 15: Interference. The applicant must certify that
the proposal complies with the Commission's spacing,
contour overlap, and interference protection provisions.
In order to answer "Yes" to this question, the applicant
must submit exhibits as noted. All exhibits must contain
sufficient information to demonstrate that the proposed
facility complies with the applicable rule sections. Only
check and respond to those that apply.
a.

(5)

12

b.

Section 73.207 Spacing Requirements. Does the
proposed operation satisfy the requirements of 47
C.F.R. Section 73.207? If the answer is “Yes,” the
applicant need mark only box 13(b).
If the answer to (b) is “No,” attach as an Exhibit a
statement describing the short spacing(s) and how
it or they arose.

c.

Grandfathered Short-Spaced Stations. If the
station is "grandfathered" the applicant should (1)
mark box 13c, (2) list the stations, and (3) supply
an Exhibit demonstrating that the proposal
complies with Section 73.213.

d.

Contour Protection. If the applicant wishes to be
processed under the contour protection standards of
Section 73.215, the applicant should (1) mark box
13d, (2) list all stations for which it proposes to
employ contour protection, and (3) supply the
exhibit(s) demonstrating that the proposal complies
with Section 73.215. The Exhibit should be a
complete engineering study to establish the lack of
prohibited overlap of contours involving affected
stations. The engineering study must include the
following:
(1)

Protected and interfering contours, in all
directions (360 degrees), for the proposed
operation;

(2)

Protected and interfering contours, over
pertinent arcs, of all short-spaced assigned
assignments, applications and allotments,
including a plot showing each transmitter
location, with identifying call letters or file
numbers, and indication of whether facility is
operating or proposed. For vacant allotments,

miles of the border between the U.S. and Canada or
Mexico. If “Yes,” indicate the country involved, and
attach an Exhibit showing compliance with International
Agreements. If Mexico, demonstrate compliance with
all provisions of the Agreement between the United
States or America and the United Mexican States
concerning Frequency Modulation Broadcasting in the
88 to 108 MHz band.
If Canada, demonstrate
compliance with all provisions of the Working
Agreement for Allocation of FM Broadcasting Stations
on Channels 201-300 under the Canada-United States
FM Agreement of 1947.

use the reference coordinates as transmitter
location;
(3)

When necessary to show more detail, an
additional allocation study utilizing a map
with a larger scale to clearly show prohibited
overlap will not occur;

(4)

A scale of kilometers and properly labeled
longitude and latitude lines, shown across the
entire Exhibit(s) (sufficient lines should be
shown so that the location of the sites may be
verified); and

(5)
e.

The official title(s) of the map(s) used in the
Exhibit(s).
TV Channel 6 Protection. Is the proposed station
for a channel in the range from Channel 201 to 220
(88.1 through 91.9 MHz) and the proposed antenna
location within the distance to an affected TV
Channel 6 station(s) as defined in 47 C.F.R.
Section 73.525? If Yes, attach as an Exhibit either
a TV Channel 6 agreement letter dated and signed
by both parties or a map and an engineering
statement
with
calculations
demonstrating
compliance with 47 C.F.R. Section 73.525 for each
affected TV Channel 6 station.

Item 18:
Environmental Protection Act.
For
information pertaining to the FCC's new RF exposure
requirements and the showing called for if an
Environmental Assessment is required, applicants are
directed to Instruction D of Section VI.
Item 19: Community of License Change – Section
307(b). Section 307(b) of the Communications Act of
1934, as amended (47 U.S.C. § 307(b)), provides that the
Commission shall, in considering modifications of
licenses, “make such distribution of licenses,
frequencies, hours of operation, and of power among the
several States and communities as to provide a fair,
efficient, and equitable distribution of radio service to
each of the same.” If this application is being submitted
to change an existing NCE FM facility’s community of
license, then the applicant must include an exhibit
containing information demonstrating that the proposed
change of community of license will result in a fair,
efficient, and equitable distribution of radio service
under Section 307(b), compared to the current
community of license. The exhibit may include any and
all information the applicant deems relevant to the
Commission’s consideration including the areas and
populations to be served at the new community, the
numbers of stations (including NCE stations) licensed to
the current and proposed communities of license, the
numbers of stations (including NCE stations) providing
service to the current and proposed communities of
license, the population (according to the latest Census
data) of the proposed community of license, and a
description of the civic, cultural, religious, social, and
commercial attributes of the proposed community of
license (where necessary to establish the precondition of
a licensable community).

Item 16: Reserved Channels Above 220. Applicants
for operation on channels 221 through 300 are required
to meet additional technical/engineering requirements.
Specifically, applicants are required to comply with
assignment requirements should they propose changes to
their assignment by one-step application.
a.

Availability of Channels. The applicant must
certify that it complies with the Commission’s
requirements for FM channel availability, 47 C.F.R.
Section 73.203. In order to answer “Yes” to this
question, the applicant must propose an existing
assignment or propose the modification of an
assignment. See Section 73.202. If a modified
assignment is proposed, the applicant certifies that
the proposed facility complies with the requirements
set forth in Section 73.203(b), and/or 73.3573(g).
See Amendment of the Commission’s Rules to
Permit FM Channel and Class Modifications by
Application, Report and Order, 8 FCC Rcd 4735
(1993) and Revision of Procedures Governing
Amendment to FM Table of Allotments and Changes
of Community of License in the Radio Broadcast
Services, Report and Order, MB Docket No. 05-210,
FCC 06-163 (adopted Nov. 3, 2006). Applicants
proposing a co-channel downgrade, pursuant to
Revision of Section 73.3573(a)(1) of the
Commission’s Rules Concerning the Lower
Classification of an FM Allotment, Report and
Order, 4 FCC Rcd 2413 (1989), are not required to
specify a fully-spaced assignment site.

SECTION VII - TV (TV Engineering)
1.

Tech Box. The applicant must ensure that the facility
specifications listed in items 1-11 of the Tech Box are
accurate.
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.

Item 17: International Borders. Indicate whether the
proposed antenna will be within 320 kilometers (199)

13

employee at all times during regular business hours. See
Jones, Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615
(1991), clarified, 7 FCC Rcd 6800 (1992), aff'd 10 FCC
Rcd 3759 (1995). Additionally, each AM. FM, and TV
broadcast station must at all times maintain a toll-free
telephone line from its community of license to its main
studio, wherever located.

Item 11e.: Directional Antenna. If a directional
antenna is proposed, the directional antenna must
comply with 47 C.F.R. Sections 73.682(a)(14) and
73.685, and the applicant must submit an exhibit
demonstrating such compliance. See Section 73.685.
2.

Certifications. Items 12-17 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for TV
stations. The applicant must certify that the proposed
facility complies with the Commission's allotment
requirements for TV stations, Section 73.607.

Item 16: Separation Requirements: The applicant
must certify that the proposed facility complies with the
minimum distance separation between television stations
set forth in 47 C.F.R. Section 73.610.

Item 12: Allotment. The applicant must certify
compliance with the allotment requirements contained in
47 C.F.R. Section 73.607, i.e., that the application
specifies a channel and community in accordance with
the Commission's Table of Television Allotments, 47
C.F.R. Section 73.606.

Item 18:
Environmental Protection Act.
For
information pertaining to the FCC's new RF exposure
requirements and the showing called for if an
Environmental Assessment is required, applicants are
directed to Instruction C of Section III.

Item 13: Power and Antenna Height. The applicant
must certify that it complies with the maximum and
minimum power and antenna height requirements
specified in 47 C.F.R. Section 73.614.

SECTION VII - DTV (DTV ENGINEERING)
1.

Item 14: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission's community coverage requirements. The
principal community contour is as follows for television
stations:

Certifications Checklist. Items 1-5 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for
DTV stations.
Item 1. The applicant must certify compliance with the
digital television channel allotment and operational
requirements contained in 47 C.F.R. Section 73.622.
Specifically, this question requires that the applicant
certify that (a) the application specifies a channel and
community in accordance with the Commission's Table
of Television Allotments, 47 C.F.R. Section 73.622(b) or
(i), (b) it will operate a pre-transition facility with a
transmitting antenna located within 5 kilometers of the
DTV reference coordinates for the station, as referenced
in Section 73.622(d) and set forth in the Sixth Report
and Order in MM Docket No. 87-268, 12 FCC Rcd
14588 (1997), (c) it will operate with pre-transition
facilities that do not exceed the power and antenna
height maxima specified in Section 73.622(f), (d) it will
operate at post-transition facilities that do not expand the
noise-limited service contour in any direction beyond
that established by Appendix B of the Seventh Report
and Order in MB Docket No. 87-268 establishing the
new DTV Table of Allotments in 47 C.F.R. § 73.622(i),
and (e) it will operate at post-transition facilities that
match or reduce by no more than five percent with
respect to predicted population from those defined in the
new DTV Table Appendix B.

Channels 2 -6: 74 dB
Channels 7-13: 77 dB
Channels 14-69: 80 dB
To determine if the proposed facility complies with the
requirements of Section 73.685(a) and (b), the predicted
distance to the pertinent signal-strength contour must be
calculated using the standard methodology in 47 C.F.R.
Section 73.684.
Item 15: Main Studio Location. The applicant must
certify that its proposed main studio location complies
with the requirements of 47 C.F.R. Section 73.1125. In
order to answer "Yes" to this question, the applicant's
proposed main studio must be either (1) within the
principal community contour of any station licensed to
that community; or (2) within 25 miles from the
reference coordinates of the center of its community of
license.
A community's reference coordinates are
generally the coordinates listed in the United States
Department of the Interior publication entitled Index to
the National Atlas of the United States. An alternative
reference point, if none is listed in the Atlas, is the
coordinates of the community's main Post Office.

If any of items 1(a)-1(c) are answered "No," in an
application of a pre-transition facility, the applicant must
demonstrate in response to Section III-D, Item 11 that
the proposal will not cause or increase interference to
any other DTV broadcast application, DTV allotment, or
analog TV broadcast authorization. Interference is to be
predicted for a pre-transition facility in accordance with
the procedure set forth in Appendix B of the Sixth

In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted equipment
and capable of originating programming at any time.
Additionally, the studio must be staffed by at least one
management-level employee and one staff-level

14

Report and Order in MM Docket No. 87-268. See 47
C.F.R. Section 73.623.
If any of items 1(a), 1(d)-(e) are answered “No” in an
application of a post-transition facility, the applicant will
not qualify for expedited processing. Interference is to be
predicted for a post-transition facility in accordance with
the procedures set forth in the Report and Order in the
Third DTV Periodic Review proceeding, MB Docket
No. 07-91. See 47 C.F.R. Sections 73.616 and 73.623.
Item 3: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission's community coverage requirements. The
principal community contour is as follows for digital
television stations:

To determine if the proposed facility complies with the
requirements of Section 73.625(a) and (b), the predicted
distance to the pertinent signal-strength contour must be
calculated using the standard methodology in 47 C.F.R.
Section 73.625(b).

3.

Zone (see
47 C.F.R.
Section
73.609)

F(50,90)
field
strength

Distance from
reference point

2-6

1

28 dBu

108 km. (67 mi.)

2-6

2 and 3

28 dBu

128 km. (80 mi.)

7-13

1

36 dBu

101 km. (63 mi.)

7-13

2 and 3

36 dBu

123 km. (77 mi.)

14-51

1, 2 and 3

41 dBu

103 km. (64 mi.)

Item 3. DTS Reference Point Coordinates for Table
of Distances. A station’s DTS reference point is
established in the FCC Order that created or made final
modifications to the Post-Transition DTV Table of
Allotments, 47 C.F.R. Section 73.622(i), and the
corresponding facilities for the station’s channel
assignment as set forth in that FCC Order. See 47
C.F.R. Section 73.626(c)(2) of the rules.

Channels 2-6: 28 dB
Channels 7-13: 36 dB
Channels 14-69: 41 dB

2.

Channel

Item 4. The applicant must provide the file number of
its current license or construction permit.
Item 8. DTS facility. The proposed DTS facility must
comply with the requirements of 47 C.F.R. Section
73.626.

Tech Box. The applicant must ensure that the facility
specifications listed in items 1-10 of the Tech Box are
accurate. 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.

Item 8a. The applicant must comply with 47 C.F.R.
Section 73.626(f)(1) which states: An application
proposing use of a DTS will not be accepted for filing
unless the combined coverage from all of the DTS
transmitters covers all of the applicant’s authorized
service area. See 47 C.F.R. Section 73.626(f)(1).

Item 18:
Environmental Protection Act.
For
information pertaining to the FCC's new RF exposure
requirements and the showing called for if an
Environmental Assessment is required, applicants are
directed to Instruction C of Section III.

Item 8b. The applicant must comply with 47 C.F.R.
Section 73.626(f)(2) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter’s coverage is contained
within either (1) the DTV station’s Table of Distances
area or (2) its authorized service area, except where
such extension of coverage beyond the station’s
authorized service area is of a minimal amount and
necessary to meet the requirements of 47 C.F.R. Section
73.626(f)(1). See 47 C.F.R. Section 73.626(f)(2). The
coverage for each DTS transmitter is determined based
on the F(50,90) field strength given in the Table of
Distances, calculated in accordance with 47 C.F.R.
Section 73.625(b). The combined coverage of a DTS
station is the logical union of the coverage of all DTS
transmitters.
See 47 C.F.R. Section 73.626(d).
Applicants proposing a DTS facility with coverage that
extends beyond the station’s authorized service area
must attach an Exhibit showing that such extension of
coverage is only of a minimal amount. Furthermore, the
applicant must show that its proposed DTS facility is
necessary to adequately serve the population inside of a
station’s authorized service area. See 47 C.F.R. Section
73.626(f)(1) and (2).

SECTION VIII – DTS (DTS ENGINEERING)
.
1. GENERAL QUESTIONS.
The DTV station
applicant must complete the following questions that
relate to the station’s proposed DTS facility as a
whole. See 47 C.F.R. Section 73.626 of the rules.
Table of Distances.
The following Table of
Distances describes (by channel and zone) a station’s
maximum service area that can be obtained in applying
for a DTS authorization. See 47 C.F.R. Section
73.626(c). The distances represent circles within
which DTS station coverage contours must be
contained.

15

values. When applicable, the first row shall list the
azimuth angle being tabulated. The range of depression
angles shall be 10 degrees above horizontal (-10 degrees
depression) to 90 degrees below horizontal (90 degrees
depression) and shall include data points spaced not
more than 0.5-degree between -5 and 10 degrees
depression angle, and not more than 5 degrees
elsewhere. All pattern minima and maxima shall be
included. Additional elevation antenna (or radiation)
pattern data may be included following the column
corresponding to 350 degrees TN so that the direction(s)
of maximum and minimum radiation are provided. A
relative field value of 1 shall correspond to the azimuth
and depression angles corresponding to the direction of
maximum ERP.

Item 8c. The applicant must comply with 47 C.F.R.
Section 73.626(f)(3) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter’s coverage is contiguous
with at least one other DTS transmitter’s coverage. See
47 C.F.R. Section 73.626(f)(3).
Item 8d. The applicant must comply with 47 C.F.R.
Section 73.626(f)(4) which states: An application
proposing use of a DTS will not be accepted for filing
unless the coverage from one or more DTS
transmitter(s) is shown to provide principal community
coverage as required in 47 C.F.R. Section 73.625(a).
See 47 C.F.R. Section 73.626(f)(4). In cases where the
DTS applicant proposes to use multiple transmitters to
comply with 47 C.F.R. Section 73.625(a), the applicant
must attach an Exhibit explaining whether the
interaction between the signals from the different
transmitters may make reception difficult or impossible
in some part of the overlapping coverage areas. The
Commission will disallow proposals that fail to address
this concern.

FCC NOTICE TO INDIVIDUALS REQUIRED BY THE
PAPERWORK REDUCTION ACT
We have estimated that each response to this collection of
information will take 2-4 hours. Our estimate includes the
time to read the instructions, look through existing records,
gather and maintain the required data, and actually complete
and review the form or response. If you have any comments
on this burden estimate, or on how we can improve the
collection and reduce the burden that it causes you, please email 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 of if we fail to provide you with this
notice. This collection has been assigned an OMB control
number of 3060-0029.

Item 8e. The applicant must comply with 47 C.F.R.
Section 73.626(f)(5) which states: An application
proposing use of a DTS will not be accepted for filing
unless the “combined field strength” of all the DTS
transmitters in a network does not cause interference to
another station in excess of the criteria specified in 47
C.F.R. Section 73.616, where the combined field
strength level is determined by a “root-sum-square”
calculation, in which the combined field strength level
at a given location is equal to the square root of the sum
of the squared field strengths from each transmitter in
the DTS network at that location.. See 47 C.F.R.
Section 73.626(f)(5).
Item 8f. The applicant must comply with 47 C.F.R.
Section 73.626(f)(6) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter is located within either (1)
the DTV station’s Table of Distances area or (2) its
authorized service area.
See 47 C.F.R. Section
73.626(f)(6).
.
2. TECH BOX (site-specific questions). The applicant
must complete these questions for each transmitter site
in the proposed DTS facility. The applicant must
ensure that the facility specifications listed in items 1-9
of the Tech Box are accurate. Conflicting data found
elsewhere in the application will be disregarded. All
items must be competed. The response “on file” is not
acceptable. The response “not applicable” is not
acceptable unless otherwise noted.

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.

Item 9g. Required Exhibit. The applicant must attach
as an Exhibit all data specified in 47 C.F.R. Section
73.625(c). The elevation antenna (or radiation) pattern
data must be submitted in Office Open XML (“Excel
Spreadsheet”) format with the first column containing
depression angle values and second (and subsequent,
when applicable) column(s) containing relative field

16

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
(Section 11, Question 12 ).
1.

Newspaper notice (required for NEW and non-operating noncommercial stations).
(a) Dates of publication:
(i) All within 30 days of tender of the application?

Yes

No

Yes

No

Yes

No

(a) Once daily for 4 days in the second week following the filing of the application?

Yes

No

(b) At least 2 announcements during ''prime time'' (6 p.m. - I I p.m. for television) or ''drive time''

Yes

No

(a) Applicant name(s)

Yes

No

(b) Names of all officers, directors, I 0% shareholders (if corporation), all non-insulated partners

Yes

No

Yes

No

(d) Date on which application was filed

Yes

No

(e) Call letters and frequency/channel of station

Yes

No

(f) Statement that copy of application is available in Public File

Yes

No

(a) Location of public file

Yes

No

(h) Facilities sought: type and class of station

Yes

No

(i) Power sought

Yes

No

(j) Antenna height

Yes

No

Yes

No

Yes

No

(b) Daily newspaper published in community?
(i) If yes, public notice must appear twice a week for two consecutive weeks.
(c) No such daily newspaper, weekly newspaper published in community?
(i) If yes, notice must appear once a week for three consecutive weeks.
(d) If no such daily or weekly newspaper, local notice must appear in daily newspaper with the

greatest circulation in the community twice a week for two consecutive weeks.
2.

Broadcast notice. (Operating noncommercial stations may broadcast the notice instead of giving
notice by newspaper publication, if desired.)

(7 a.rn. - 9 a.m. and/or 4 p.m. - 6 p.m. for radio), as applicable?
3.

Text: do the announcements contain the following information?

(if partnership)
(c) Purpose of application

(k) Transmitter site
(l) Location of studios

FCC 340 Worksheet 1

WORKSHEET #2
REPRESENTATIVE TV GOVERNING BOARD (Section 11, Question 3)

For each member of the TV applicant's governing board, check the box of the one element that best describes that member. TV
applicants who check four or more categories (for a different member of their board) can certify that their board is representative of
community elements in response to Section 11, Question 3.
EXAMPLE: An applicant's 5 member governing board consists of one farm worker, two teachers, the mayor and one clergyman.
The board is representative because it encompasses four community elements: agriculture, education, government and religion.
COMMUNITY ELEMENT
1.

Agriculture

2.

Business

3.

Charities

4.

Civic, Neighborhood and Fraternal Organizations

5.

Consumer Services

6.

Culture

7.

Education

8.

Environment

9.

Government (local, county, state and federal)

10.

Labor

11.

Military

12.

Minority and ethnic groups

13.

Organizations of and for the Elderly

14.

Organizations of and for the Women

15.

Organizations of and for the Youth (including children) and Students

16.

Professions

17.

Public Safety, Health and Welfare

18.

Recreation

19.

Religion

20.

Other

NAME OF BOARD MEMBER

FCC Worksheet 2

WORKSHEET #3
INVESTOR INSULATION AND NON-PARTY INFLUENCE OVER APPLICANT
This section of the worksheet may be used in connection with Section 11, question 6 of FCC Form 340. See Review of the
Commission's Regulations and Policies Affecting Investment in the Broadcast Industry, 14 FCC Rcd 12559 (1999). It indicates the
kinds of contractual relationships that may, in the Commission's view, exceed the authority of a properly insulated investor or
demonstrate some indicia of de facto control by a creditor.
I. Investor Insulation
If an applicant is a limited partnership or a limited liability company (''LLC'') that seeks to insulate partners or members in
accordance with the Commission's attribution rules, the applicant shall ensure that each such limited partner or LLC member is not
materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership or LLC.
To ensure that each such limited partner or LLC member is not materially involved, directly or indirectly, in the management or
operation of the media-related activities of the partnership or LLC, the applicant must answer the following inquiries. Do the limited
partnership or LLC enabling documents:
a.

specify that any exempt limited partner/LLC member (if not a natural person, its directors, officers,
partners, etc.) cannot act as an employee of the limited partnership/LLC member if his or her
functions, directly or indirectly, relate to the media enterprises of such entity?

Yes

No

b.

bar any exempt limited partner/LLC from serving, in any material capacity, as an independent
contractor or agent with respect to the partnership/LLC's media enterprises?

Yes

No

c.

restrict any exempt limited partner/LLC member from communicating with the limited
partnership/LLC, the general partner, or any LLC management committee on matters pertaining to
the day-to-day operations of its business?

Yes

No

d.

empower the general partner/LLC management committee to veto any admissions of additional
general partners/LLC members admitted by vote of the exempt limited partners/LLC members?

Yes

No

e.

prohibit any exempt limited partner/LLC member from voting on the removal of a general
partner/LLC member or limit this right to situations where the general partner/LLC member is (i)
subject to bankruptcy proceedings, as described in Section 402(4)-(5) of the Revised Uniform
Limited Partnership Act, (ii) is adjudicated incompetent by a court of competent jurisdiction, or (iii)
is removed for cause, as determined by an independent party?

Yes

No

f.

bar any exempt limited partner/LLC member from performing any services to the limited
partnership/LLC materially relating to its media activities, with the exception of making loans to, or

Yes

No

Yes

No

C,

g.

state, in express terms, that any exempt limited partner/LLC member is prohibited from becoming
actively involved in the management or operation of the media businesses of the limited
partnership/LLC?

If the answer is ''Yes'' to each of these conditions with regard to every limited partner and LLC member
that the applicant seeks to insulate and the relevant state statute authorizing the LLC pen-nits a LLC
member to insulate itself in accordance with the Commission's criteria, the applicant may exclude those
persons in answering Question 6(a). If ''No'' to the foregoing, the applicant must list those persons as a
party in Question 6(a) or answer ''No'' to Question 6(b) and submit an explanatory exhibit detailing the
rights of any non-party investor and setting forth the applicant's reasons for not treating the investor as a
party to the application.

FCC 340 Worksheet 3

Non-Party Influence Over Applicant (Section 11, Question 6(b).
A. Non-party investors, i.e., investors with nonattributable interests, may have very limited powers over the operations of a
licensee. Accordingly, with respect to any agreement, arrangement or understanding involving insulated parties or other investors
with nonattributable interests, including creditors, secured parties, program suppliers, and any other persons not disclosed as parties
to this application, does such agreement:
1.

give any non-party investor the right to vote on any matters decided by the applicant's board of
directors, partnership committee or other management group;

Yes

No

2.

give any non-party investor the right to attend, or appoint an observer to attend, applicant board,
partnership or other management meetings;

Yes

No

3.

place any limitation on applicant programming discretion;

Yes

No

4.

give any non-party investor the right to vote on, approve or restrict applicant's actions on any matter
relating to programming, personnel or finances;

Yes

No

5.

give any non-party creditor or any bond, debenture or warrant holder the right to vote on, approve
or restrict the applicant's actions on any matter relating to programming, personnel or finances;

Yes

No

6.

give any non-party creditor or any bond, debenture or warrant holder the right to share in the assets
of the applicant;

Yes

No

7.

give any non-party investor that holds a non-voting convertible interest the right to convert such an
interest and acquire control of the applicant based on the applicant's actions relating to
programming, personnel and finances;

Yes

No

8.

give any non-party investor, creditor, or bond, debenture or warrant holder the right to vote on,
approve or deny the selection or removal of a general partner of an applicant partnership or a
member of the applicant's governing body; and

Yes

No

9.

give any non-party investor, creditor, or bond, debenture or warrant holder the right to convert,
tender or require the tendering of stock pursuant to a put-or-call agreement based on the actions of
the applicant relating to programming, personnel or financing.

Yes

No

B.
With respect to any person or entity providing more than 33% of equity and/or debt does that
person or entity either:

Yes

No

1.

have an attributable interest in a media outlet in the same market; or

Yes

No

2.

supply over 15% of the total weekly broadcast programming of the station subject to this

Yes

No

C.

With respect to any loan agreement, has the applicant ensured that such agreement:
Yes

No

1.

includes an unconditional promise by the applicant to pay on demand or on a specific date a sum
certain;

2.

contains a fixed or defined variable rate of interest on the loan; and

Yes

No

3.

does not prohibit the redemption of the loan by the applicant, or permit redemption at the option of
the lender only?

Yes

No

If applicant answered ''No'' to all questions in A. and B. and answered ''Yes'' to all questions in C. and if
there are no other provisions that may give non-party investors control, the applicant may conclude that it
complies with the Commission's restrictions regarding non -participation of non-party investors and
creditors and answer ''Yes'' to Question 6(b) of the form. If not, the applicant must list the holder of the
interest as a party in 6(a), or answer ''No'' to 6(b) and submit an exhibit detailing the rights of any
non-party investor, the rights of the lender and the obligations of the applicant for each loan agreement,
and the applicant's reasons for not treating them as a party to the application.
FCC 340 Worksheet 3 (Page 2)

WORKSHEET #4
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.

Yes

No

b.

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.

Yes

No

c.

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.

Yes

No

d.

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

*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?

Yes

No

For the period beginning two years (24 months) prior to application, and continuing without interruption
through present, has the applicant been able to answer ''Yes'' to at least one of a, b, c or d above.

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 I
(c)(2) above that they have the requisite by-laws may answer as if those by-laws have always been in
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 340 Worksheet 4

WORKSHEET #5
STATE-WIDE NETWORKS (Section IV, Question 3).
1.

Has the applicant claimed a credit for local diversity of ownership in Section IV, question 2?

Yes

No

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.

Yes

No

The 50 schools/5 campuses are accredited by a state department of education and/or a recognized
regional/national educational accrediting organization.

Yes

No

The 50 schools/5 campuses are within a single state.

Yes

No

Yes

No

Yes

No

Applicant will regularly provide programming to entities or institutions that, in combination, meet all of
the requirements in question 2, above, of this worksheet.

Yes

No

The applicant will provide the programming in coordination/consultation with the schools/campuses,
and for use in the school curriculum.

Yes

No

Yes

No

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?

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.

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?

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.

FCC 340 Worksheet 5

WORKSHEET #6
FAIR DISTRIBUTION. FM Applicants may use this worksheet to answer the questions in Section 111, Questions I and 2.
1. Using the centroid method for calculating population, based on the most recent census

block data, the number of people residing within the radio station's 60 dBu (I m/Vm)
service contour (calculated based on the standard curves in 47 C.F.R. Section 73.313(c) is:
x .10
2.

Multiply the population on line I by .10 (10%)

3.

The number of people within the radio station's 60 dBu (I m/Vm) service contour who will
receive a first NCE aural service from the proposed facility is:

N/A

The number of people within the radio station's 60 dBu (I m/Vm) service contour who will
receive a second NCE aural service from the proposed facility is:

N/A

4.

5. Is the number of people reported in 3. and 4. equal to or greater than line 2? If ''No,''

Yes

No

Yes

No

applicant should answer ''No'' on Section III of Form 340.
6. Is the number of people in 3. or 4. at least 2,000? If ''No,'' applicant should answer ''No'' to

the questions in Section III of Form 340.
Applicants answering ''Yes'' to both Questions 5 and 6 should answer ''Yes'' to the
corresponding question in Section III of Form 340 (Question I for first service, Question 2
for second service) and include an exhibit describing the extent of first and/or second
service. Applicants may use this worksheet as the exhibit, if desired.

FCC 340 Worksheet 6

WORKSHEET #7:
ENVIRONMENTAL FOR RESERVED CHANNEL NCE STATIONS
All NCE applicants can use the General Environmental Worksheet. Some, but not all, applicants for NCE- 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;
or (2) its station is one of several FM/FM translator stations located on a single tower.
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. 131 1, 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.

involves high intensity white lighting located in residential

Yes

No

2.

neighborhoods. is located in an officially designated wilderness area or

Yes

No

3.

wildlife preserve. threatens the existence or habitat of endangered species.

Yes

No

4.

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.

Yes

No

5.

affects Indian religious sites.

Yes

No

6.

is located in a floodplain.

Yes

No

7.

requires construction that involved significant changes in surface features (e.g., wetland fill,
deforestation or water diversion).

Yes

No

8.

does not comply with the FCC established guidelines regarding exposure to RF electromagnetic fields
as described in OET Bulletin 65.

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 VII.

FCC 340 Worksheet 7

B. RF EXPOSURE COMPLIANCE WORKSHEETS/INSTRUCTIONS
Who may use these worksheets?
These worksheets may be used by 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 3 15 meters (1,034 feet) from any other tower or other non-excluded RF sources.

Ineligible Sites.
Please note that the applicant cannot use these worksheets if any of the following apply:
1.

The application is for a television or digital television facility;

2.

There are other towers or supporting structures with non-excluded (see 4 C.F.R. Section 1. 1307(b)) RF sources within 3 15
meters of the tower;

3.

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;

4.

There is an FM, TV or other non-excluded RF source co-located within a multiple tower AM array; or

5.

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).

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 RT exposure guidelines.

FCC 340 Worksheet 7 (Page 2)

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)

antenna radiation patterns showing that the site complies with the guidelines described in OET Bulletin 65

(ii)

measurements that show the site to comply with the FCC-adopted guidelines

(iii)

a description of what warning signs, fences or other barriers preclude excessive RF exposure

(iv)

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 #I A-Multiple FM User Tower
FM Contributors:
a. Single Use FM or FM translator tower - Use Worksheet 0 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.

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 340 Worksheet 7 (Page 3)

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 1 A
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)

m (1)
Yes

No

(2)

If line 2 is ''yes,'' enter the building height measured at the base of the antenna
m (3)
m (4)
m (5)

If line 2 is ''no,'' enter ''O'' in line 3
Subtract line (3) from line (1)
Subtract the value 2.0 from line (4)

TOTAL EFFECTIVE RADIATED POWER
(If ''beam tilt'' is utilized, list maximum values)
kW
kW

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 1 A

kW (8)

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 )

%

(9)
(10)
(11)
(12)

DETERMINATION OF COMPLIANCE WITH CONTROLLED/OCCUPATIONAL LIMIT
Does Line (12) exceed 100%

Yes

No

(13)

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.

FCC 340 Worksheet 7 (Page 4)

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 41A.) 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
tower to the fence or barrier at its nearest point.

m (17)
(18)
(19)
m (20)

Multiply Line (9) (as calculated previously) by 5
Subtract Line (10) (as calculated previously) from Line (I 8)
Take the square root of Line (19)
Is Line (20) less than or equal to Line (17)

Yes

No

(21)

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.

FCC 340 Worksheet 7 (Page 5)

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 I

COLUMN 2

COLUMN 3

CALL SIGN

HEIGHT OF ANTENNA
RADIATION CENTER
ABOVE GROUND LEVEL

TOTAL EFFECTIVE RADIATED
POWER (HORIZONTAL AND
VERTICAL)

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 340 Worksheet 7 (Page 6)

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts
m (1)
kW

WORKSHEET #8
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

sq. kilometers

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 (FNI) or Grade B

sq. kilometers
sq. kilometers

(TV) standard predicted contour
d. Equals new area to be served by modified station

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 (FNI) or Grade B (TV) standard
predicted contour

sq. kilometers

b.

Subtract major areas of water (e.g., lakes, oceans)

sq. kilometers

c.

Equals Area to be served by new station

sq. kilometers

The amount of new area in (2)(c) above should be reported in Section IV, question 4 of Form 340. 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 340 Worksheet 8

Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0029

FOR
FCC
USE
ONLY

FCC 340
APPLICATION FOR CONSTRUCTION PERMIT
FOR RESERVED CHANNEL NONCOMMERCIAL
EDUCATIONAL BROADCAST STATION

FOR COMMISSION USE ONLY
FILE NO.

Section I - General Information
1.

Legal Name of the Licensee/Permittee

Mailing Address

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

FCC Registration Number

2.

Call Sign

ZIP Code

Facility Identifier

Contact Representative (if other than applicant)

Firm or Company Name

Mailing Address

3.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

Is this application being filed in response to a window?

ZIP Code

Yes

No

If Yes, specify closing date and/or window number:
4.

Application Purpose.
New station

Major Modification of construction permit

Major Change in licensed facility

Minor Modification of construction permit

Minor Change in licensed facility

Major Amendment to pending application
Minor Amendment to pending application

a. File number of original construction permit:
b. Service Type:
c. DTV Type:

FM
Pre-Transition

d. Community of License:

City

e. Facility Type:

Main

N/A

DTV

TV

DTS

Post-Transition

Both
State

Auxiliary

If an amendment, submit as an Exhibit a listing by Section and Question Number of
the portions of the pending application that are being revised.

Exhibit No.

FCC Form 340

NOTE: The failure to include an explanatory exhibit providing full particulars in connection with a ''No'' response may
result in dismissal of the application. See Instructions, paragraph L for additional information regarding completion of
explanatory exhibits.
Section II - Legal and Financial
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.

2.

Eligibility. Each applicant must answer ''Yes'' to one and ''No'' to two of the three
following certifications. An applicant should not submit an explanatory exhibit in
connection with these Question 2 ''No'' responses.

Yes

No

The applicant certifies that it is:

a.

a nonprofit educational institution; or

Yes

No

b.

a governmental entity other than a school; or

Yes

No

C.

a nonprofit educational organization, other than described in a. or b.

Yes

No
No

3.

For applicants checking ''Yes'' to question 2(c) and applying for a new noncommercial
educational television station only, the applicant certifies that the applicant's officers,
directors and members of its governing board are broadly representative of the educational,
cultural, and civic segments of the principal community to be served.

Yes

4.

a. The applicant certifies that the Commission has previously granted a broadcast
application identified here by file number that found this applicant qualified as a
noncommercial educational entity with a qualifying educational program, and that the
applicant will use the proposed station to advance a program similar to that the
Commission has found qualifying in applicant's previous application.

Yes
FCC File Number
No

b. Applicants who answered ''No'' to Question 4(a), must include an exhibit that describes
the applicant's educational objective and how the proposed station will be used to advance
an educational program that will further that objective according to 47 C.F.R. Section
73.503 (for radio applicants) or 47 C.F.R. Section 73.621 (for television applicants).
5.

The applicant certifies that its governing documents (e.g., articles of incorporation,
by-laws, charter, enabling statute, and/or other pertinent organizational document) permit
the applicant to advance an educational program and that there is no provision in any of
those documents that would restrict the applicant from advancing an educational program
or complying with any Commission rule, policy, or provision of the Communications Act
of 1934, as amended.

FCC Form 340 (Page 2)

N/A

Exhibit No.

Yes

No

6.

a.

Parties to the Application. List separately each party to the application including, as applicable, the applicant, its
officers, directors, five percent or greater stockholders, non-insulated partners, members, and all other persons and
entities with attributable interests. If another entity holds an attributable interest in the applicant, list separately, as
applicable, its officers, directors, five percent or greater stockholders, non-insulated partners, and board members. Create
a separate row for each individual or entity. Attach additional pages if necessary.

Name and
Residence/Headquarters
Address(es)

Citizenship

Positional Interest: Officer,
director, investor/creditor
attributable under the
Commission's equity/debt
plus standard, etc.

Director or
Member of
Governing
Board
Yes

(a)

b.

(b)

(c)

% of:
Ownership (0) or
Voting
Stock (VS) or
Membership (M)

% of:
of Total
Assets
(equity plus
debt)

No

Applicant certifies that any equity and financial interests not set forth above are
non-attributable pursuant to 47 C.F.R. Section 73.3555 and that there are no
agreements or understandings with any non-party that would give influence over the
applicant's programming, personnel, or finances to that non-party.

(f)

(e)

(d)

Yes

No

See Explanation
in Exhibit No.

FCC Form 340 (Page 3)

7.

Other Authorizations. List call signs, locations, and facility identifiers of all other
broadcast stations in which applicant or any party to the application has an attributable
interest pursuant to the notes to 47 C.F.R. Section 73.3555.

8.

Character Issues. Applicant certifies that neither applicant nor any party to the

Exhibit No,

N/A

Yes

No

See Explanation
in Exhibit No.

Yes

No

See Explanation
in Exhibit No.

Alien Ownership and Control. Applicant certifies that it complies with the provisions of
Section 3 1 0 of the Communications Act of 1934, as amended, relating to interests of
aliens and foreign governments.

Yes

No

See Explanation
in Exhibit No.

11. Program Service Certification. Applicant certifies that it is cognizant of and will comply

Yes

No

Yes

No

Yes

No

Yes

No

application has or has had any interest in, or connection with:
a.

b.
9.

any broadcast application in any proceeding where character issues were left
unresolved or were resolved adversely against the applicant or party to the
application; or
any pending broadcast application in which character issues have been raised.

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.

10.

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.
12. Local Public Notice. Applicant certifies compliance with the public notice requirements of

47 C.F.R. Section 73.3580.
13. 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.
14.

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.

N/A

QUESTIONS 15,16 AND 17 APPLY ONLY TO APPLICATIONS FOR NEW STATIONS. OTHER APPLICANTS CAN
PROCEED TO QUESTION 18.
15.

Financial. The applicant certifies that sufficient net liquid assets are on hand or that
sufficient funds are available from committed sources to construct and operate the
requested facilities for three months without revenue.
If ''No'' to 15., answer questions 16. and 17.

FCC Form 340 (Page 4)

Yes

No

See Explanation
in Exhibit No.

16. Is

this application contingent upon receipt of a
Telecommunications and Information Administration?

grant

from the

National

Yes

No

17. Is this application contingent upon receipt of a grant from a charitable organization, the

Yes

No

approval of the budget of a school or university, or an appropriation from a state, county,
municipality or other political subdivision?
NOTE: If Yes to 16. or IT, the application cannot be granted unconditionally until all of the necessary funds are committed or
appropriated. In the case of grants from the National Telecommunications and Information Administration, no further action on the
applicant's part is required. If the applicant relies on funds from a source specified in Question 17., the applicant must advise the
Commission when the funds are committed or appropriated. This should be accomplished by letter amendment to the
application. Applicants should take note that the Commission's construction period is not considered ''tolled'' by funding difficulties
and that any permit granted conditionally on funding will expire if the station is not constructed for any reason, including lack of
funding.
QUESTIONS 18 AND 19 DO NOT APPLY TO APPLICATIONS FOR NEW STATIONS. APPLICANTS FOR NEW FM
STATIONS CAN PROCEED TO SECTION 111. APPLICANTS FOR NEW TV STATIONS CAN PROCEED TO
SECTION IV.
Holding Period.
18.

Applicant certifies that this application does not propose a modification to an
authorization that was awarded on the basis of a preference for fair distribution of service
pursuant to 47 U.S.C. Section 307(b).

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

If ''No,'' answer a. and b. below. If applicant answers ''No'' to 18. above and cannot answer
''Yes'' to either a. or b. below, the application is unacceptable.
a. Applicant certifies that the proposed modification will not downgrade service to the

area on which the Section 307(b) preference was based.
b. Applicant certifies that although it proposes to downgrade service to the area on which

the Section 307(b) preference was based, applicant has provided full service to that area
for a period of four years of on-air operations.
19. Applicant certifies that this application does not propose a modification to an authorized

station that received a credit for superior technical parameters under the point system
selection method in 47 C.F.R. Section 73.7003.
If ''No,'' applicant must be able to answer ''Yes'' to a. below or provide an exhibit that
makes a compelling showing that the downgrade would be in the public interest.
a. Applicant certifies that the population and area within the proposed service contour (60

Exhibit No.

dBu (FM) or Grade B (TV)) are greater than or equivalent to those authorized.
Section III
Fair Distribution of Service Pursuant to 47 U.S.C. Section 307(b) (New and Major Changes to FM Radio Only) (Other

1.

2.

Applicant certifies that the proposed station will provide a first noncommercial educational
aural service to (a) at least 10 percent of the people residing within the station's 60 dBu (1
mV/m) service contour and (b) to a minimum of 2,000 people. Applicants answering ''Yes''
must provide an Exhibit.
Applicant certifies that the proposed station will provide a second noncommercial
educational aural service to (a) at least 10 percent of the people residing within the station's
60 dBu (1 mV/m) service contour and (b) to a minimum of 2,000 people. Applicants
answering ''Yes'' must provide an Exhibit.

Yes

No

Exhibit No.

Yes

No

Exhibit No.

FCC Form 340 (Page 5

Section IV -- Point System Factors -- New and Major Change Applications Only (used to select among mutually exclusive
radio and television applications for new stations and ma or modifications) NOTE: Applicants will not receive any additional points
for amendments made after the close of the application filing window.
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.

Yes (3 points)

No (0 points)

2.

Diversity of Ownership: (a) Applicant certifies that the principal community (city grade)
contour of the proposed station does not overlap the principal community contour of any
other authorized station (comparing radio to radio and television to television, including
non-fill-in translator stations other than those identified in 2(b) below) 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.

Yes (2 points)

No (0 points)

(b) Is the applicant's certification to 2(a) based on its exclusion of translator station(s) that
will be replaced with a full service station pursuant to the authorization requested here?
If Yes, applicant must include an exhibit identifying the translator station authorization for
which it will request cancellation upon commencement of operation of the proposed full
service station (i.e., upon its filing of a license application and receipt of program test
authority).

Yes

No

Exhibit No.

3.

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.

Yes (2 points)

4.

Technical Parameters: Applicant certifies that the numbers in the boxes below accurately
reflect the new area and population that its proposal would serve with a 60 dBu (FM) or
Grade B (TV) signal measured in accordance with the standard predicted contours in 47
C.F.R. Sections 73.313(c) (FM), 73.683(TV) and 73.622(e) 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 new area proposed only
(exclude any area already within the station's existing service area). (Points, if any, will be
determined by FCC)

Yes

New area served in square kilometers (excluding areas of water):
Population served based on the most recent census block data from the United States

FCC Form 340 (Page 6)

No

No (0 points)

This box is for FCC use only:
Technical Points:
0 points.
1 point. Applicant's proposal covers the largest area and population, and both area and population are 10% greater than next
best proposal; or
2 points. Applicant's proposal covers the largest area and population, and both area and population are 25% greater than next
best proposal.
POINTS CLAIMED BY APPLICANT (from Questions 1-3)
TECHNICAL POINTS? (from Question 4)
TOTAL POINTS

Section V -- Tie Breakers -- New and Major Change Applications Only (used to choose among competing radio and television

1.

Existing Authorizations. By placing a number in the box, the applicant certifies that it and other parties to the application
have, as of the date of filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of relevant
broadcast station authorizations. Radio applicants should count all attributable full service radio stations, AM and FM,
commercial and noncommercial, and FM translator stations other than fill-in stations or those identified in IV(2)(b) above. TV
applicants should count all attributable ftill service TV stations, commercial and noncommercial and TV translator stations
other than fill-in stations or those identified in IV(2)(b) above.
(number of commercial and noncommercial licenses and construction pen-nits)

2.

Pending Applications. By placing a number in the box, the applicant certifies that it and other parties to the application have,
as of the date of filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of pending
applications for new or major changes to relevant broadcast stations. Radio applicants should count all attributable full service
radio stations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those
identified in IV(2)(b) above. TV applicants should count all attributable full service TV stations, commercial and
noncommercial , and TV translator stations other than fill-in stations or those identified in IV(2)(b) above.
(number of pending commercial and noncommercial applications)

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 340 (Page 7)

Section VII -- Preparer's Certification
I certify that I have prepared Section VII (Engineering Data) on behalf of the applicant, and that after such preparation, I have
examined and found it to be accurate and true to the best of my knowledge and belief
Name

Relationship to Applicant (e.g., Consulting Engineer)

Signature

Date

Mailing Address
City

State or Country (if foreign address)

Telephone Number (include area code)

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 340 (Page 8)

SECTION VII - FM 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.

Channel:

2.

Class:

3.

Antenna Location Coordinates: (NAD 27)
'
°

D

A

B1

C3

C2

C1

C0

"

N

S Latitude

E

W Longitude

Proposed Assignment Coordinates: (NAD 27) - RESERVED CHANNELS ABOVE 220 ONLY

4.

C

"

'

°

B

°

'

"

°

'

"

N

S Latitude

E

W Longitude

Not applicable

Antenna Structure Registration Number:

5.

Not applicable

FAA Notification Filed with FAA

6.

Overall Tower Height Above Ground Level:

meters

7.

Height of Radiation Center Above Mean Sea Level:

meters (H)

meters (V)

8.

Height of Radiation Center Above Ground Level:

meters (H)

meters (V)

9.

Height of Radiation Center Above Average Terrain:

meters (H)

meters (V)

10.

Effective Radiated Power:

kW (H)

kW (V)

11.

Maximum Effective Radiated Power:
(Beam-Tilt Antenna ONLY)

kW (H)

kW (V)

12.

Directional Antenna Relative Field Values:

Value

Degree

Not applicable (Nondirectional)

0

Rotation:
Degree

Not applicable

Value

No rotation
Degree

Value

Degree

Value

Degree

Value

Degree

0

60

120

180

240

300

10

70

130

190

250

310

20

80

140

200

260

320

30

90

150

210

270

330

40

100

160

220

280

340

50

110

170

230

290

350

Value

Additional
Azimuths

FCC Form 340 (Page 9)

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.
CERTIFICATION
AUXILIARY ANTENNA APPLICANTS ARE NOT REQUIRED TO RESPOND TO ITEMS 13-17.
Proceed to Item 18
13.

Main Studio Location. The proposed main studio location complies with 47 C.F.R.
Section 73.1125.

Yes

No

See Explanation
in Exhibit No.

14.

Community Coverage. The proposed facility complies with 47 C.F.R. Section 73.315
(Channels 221 and above) or 47 C.F.R. Section 73.515 (Channels 220 and below).

Yes

No

See Explanation
in Exhibit No.

15.

Interference. The proposed facility complies with all of the following rule sections.
Check all those that apply.

Yes

No

See Explanation
in Exhibit No.

Contour Overlap Requirements.
a.

47 C.F.R. Section 73.509.
Exhibit Required.

b.

47 C.F.R. Section 73.207 with respect to station(s):

Exhibit No.

Grandfathered Short-Spaced.
c.

47 C.F.R. Section 73.213(a) with respect to station(s):
Exhibit Required.

Exhibit No.

Contour Protection.
47 C.F.R. Section 73.215 with respect to station(s):
Exhibit Required.

d.

Exhibit No.

Television Channel 6 Protection.
47 C.F.R. Section 73.525 with respect to station(s):
Exhibit Required.

e.

Exhibit No.

16. Reserved Channels Above 220.
a.

Availability of Channels. The proposed facility complies with the assignment
requirements of 47 C.F.R. Section 73.203.

17. International Borders. The proposed antenna location is not within 320 kilometers of

Yes

No

Yes

No

See Explanation
in Exhibit No.

the common border between the United States and Canada or Mexico.
Canada
Exhibit No.

If ''No,'' specify the country and provide an Exhibit of compliance with all provisions of
the relevant International Agreement.

FCC Form 340 (Page 10)

Mexico

18. Environmental Protection Act. The proposed facility is excluded from environmental
processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant
environmental impact and complies with the maximum permissible radio frequency
electromagnetic exposure limits for controlled and uncontrolled environments). Unless the
applicant can determine compliance through the use of the RF worksheets in Worksheet
#7, an Exhibit is required.

Yes

No

Yes

No

See Explanation
in Exhibit No.

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 radio frequency electromagnetic exposure
in excess of FCC guidelines.
19. Community of License Change - Section 307(b). If the application is being submitted to
change the facility's community of license, then the applicant certifies that it has attached
an exhibit containing information demonstrating that the proposed community of license
change comports with the fair distribution of service policies underlying Section 307(b) of
the Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).

N/A

Exhibit No.

An exhibit is required unless this question is not applicable.

PREPARER'S CERTIFICATION ON PAGE 8 MUST BE COMPLETED AND SIGNED.

FCC Form 340 (Page 11)

SECTION VII -TV 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.

Channel Number:

2.

Offset: Plus

3.

Zone:

4.

Antenna Location Coordinates: (NAD 27)

5.

Minus

Zero

II

I

III

°

'

"

°

'

"

N

S Latitude

E

W Longitude

Antenna Structure Registration Number:
Not applicable

FAA Notification Filed with FAA

6.

Height of Radiation Center Above Mean Sea Level:

7.

Overall Tower Height Above Ground Level:

meters
meters
8.
9.
10.

11.

Height of Radiation Center Above Ground Level:

meters

Height of Radiation Center Above Average Terrain:

meters

Maximum Effective Radiated Power (ERP):

kW

Antenna Specifications:
Model

Manufacturer
a.

b.

Electrical Beam Tilt:

degrees

C.

Mechanical Beam Tilt:

degrees toward azimuth

Not Applicable
degrees True

Exhibit No.

Attach as an Exhibit all data specified in 47 C.F.R. Section 73.685.

d.

Polarization:

FCC 340 Form (Page 12)

Horizontal

Not Applicable

Circular

Elliptical

TECH BOX

Directional Antenna Relative Field Values:

e.

Rotation:
Degree

Value

Degree

Value

Not applicable (Nondirectional)

0

Degree

No rotation
Value

Degree

Value

Degree

Value

Degree

0

60

120

180

240

300

10

70

130

190

250

310

20

80

140

200

260

320

30

90

150

210

270

330

40

100

160

220

280

340

50

110

170

230

290

350

Value

Additional
Azimuths

If a directional antenna is proposed, the requirements of 47 C.F.R.
Sections 73.682(a)(14) and 73.685 must be satisfied. Exhibit required.

Exhibit No.

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.
CERTIFICATION
12. Allotment. The proposed facility complies with 47 C.F.R. Section 73.607.

13.

Power and Antenna Height. The proposed facility complies with 47 C.F.R. Section

Yes

No

See Explanation
in Exhibit No.

Yes

No

See Explanation
in Exhibit No.

73.614.

14.

Community Coverage. The proposed facility complies with 47 C.F.R. Sections
73.685(a) and (b).

Yes

No

See Explanation
in Exhibit No.

15.

Main Studio Location. The proposed main studio location complies with 47 C.F.R.
Section 73.1125.

Yes

No

See Explanation
in Exhibit No.

FCC 340 Form (Page 13)

16. Separation Requirements. The proposed facility complies with the separation

Yes

No

See Explanation
in Exhibit No.

requirements 47 C.F.R. Section 73.610.

17.

Objectionable Interference. The applicant accepts full responsibility in accordance with
47 C.F.R. Sections 73.685(d) and (g) for the elimination of any objectionable interference
(including that caused by inter modulation) to facilities in existence or authorized prior to
the grant of this application.

Yes

No

See Explanation
in Exhibit No.

18.

Environmental Protection Act. The proposed facility is excluded from environmental
processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant
environmental impact and complies with the maximum permissible radio frequency
electromagnetic exposure limits for controlled and uncontrolled environments).

Yes

No

See Explanation
in Exhibit No.

If ''Yes,'' submit as an Exhibit a brief explanation of why an Environmental Assessment is
not required. Also describe therein the steps that will be taken to limit RF radiation
exposure to the public and to persons authorized access to the tower site.
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 radio frequency electromagnetic exposure
in excess of FCC guidelines.
If ''No,'' submit as an Exhibit an Environmental Assessment required by 47 C.F.R. Section
1.1311.

PREPARER'S CERTIFICATION IN SECTION VII MUST BE COMPLETED AND SIGNED.

FCC 340 Form (Page 14)

Exhibit No.

SECTION VII - DTV Engineering

Complete Questions 1-5, and provide all data and information for the proposed facility, as requested in Technical
Specifications, Items 1-13.
Pre-Transition Certification Checklist. An application concerning a pre-transition channel must complete questions 1(a)-(c), and
2-5. A correct answer of ''Yes'' to all of these questions will ensure an expeditious grant of a construction permit application to
change pre-transition facilities. However, if the proposed facility is located within the Canadian or Mexican borders, coordination of
the proposal under the appropriate treaties may be required prior to grant of the application. An answer of ''No'' will require
additional evaluation of the applicable information in this form before a construction permit can be granted.
Post-Transition Expedited Processing. An application concerning a post-transition channel must complete questions 1(a), (d)-(e),
and 2-5. A station applying for a construction permit to build its post-transition channel will receive expedited processing if its
application (1) does not seek to expand the noise-limited service contour in any direction beyond that established by Appendix B of
the Seventh Report and Order in MB Docket No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. § 73.622(i)
(''new DTV Table Appendix B''); (2) specifies facilities that match or closely approximate those defined in the new DTV Table
Appendix B facilities; and (3) is filed on or before March 17, 2008 (45 days of the Report and Order in the Third DTV Periodic
Review proceeding, MB Docket No. 07-91).
1.

The proposed DTV facility complies with 47 C.F.R. Section 73.622 in the following respects:
(a)

It will operate on the DTV channel for this station as established in 47 C.F.R. Section 73.622.

Yes

No

(b)

It will operate a pre-transition facility from a transmitting antenna located within 5.0 km (3.1
miles) of the DTV reference site for this station as established in 47 C.F.R. Section 73.622.

Yes

No

It will operate a pre-transition facility with an effective radiated power (ERP) and antenna height
above average terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for this
station as established in 47 C.F.R. Section 73.622.

Yes

No

(d)

(e)

It will operate at post-transition facilities that do not expand the noise-limited service contour in
any direction beyond that established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. § 73.622(i)
(''new DTV Table Appendix B'').
It will operate at post-transition facilities that match or reduce by no more than five percent with
respect to predicted population from those defined in the new DTV Table Appendix B.

No
N/A

Yes

No

N/A

2.

The proposed facility will not have a significant environmental impact, including exposure of workers
or the general public to levels of RIF radiation exceeding the applicable health and safety guidelines,
and therefore will not come within 47 C.F.R. Section 1.1307.

Yes

No

Yes

No

Yes

No

Yes

No

Applicant must submit the Exhibit called for in Item 13.

3.

Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will
encompass the allotted principal community.

4.

The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations,
radio receiving installations and FCC monitoring stations have either been satisfied or are not
applicable.

5.

The antenna structure to be used by this facility has been registered by the Commission and will not
require reregistration to support the proposed antenna, OR the FAA has previously determined that the
proposed structure will not adversely effect safety in air navigation and this structure qualifies for later
registration under the Commission's phased registration plan, OR the proposed installation on this
structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.

FCC Form 340 (Page 15)

SECTION VII - DTV 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.

Channel Number:

2.

Zone:

3.

Antenna Location Coordinates: (NAD 27)

4.

DTV

Analog TV, if any

I

II

III

°

'

"

°

'

"

N

S Latitude

E

W Longitude

Antenna Structure Registration Number:
Not applicable

FAA Notification Filed with FAA

5.

Antenna Location Site Elevation Above Mean Sea Level:

6.

Overall Tower Height Above Ground Level:

meters

meters
7.

Height of Radiation Center Above Ground Level:

8.

Height of Radiation Center Above Average Terrain:

9.

Maximum Effective Radiated Power (average power):

10.

Antenna Specifications:

meters
meters
kW

Model

Manufacturer
a.

b.

Electrical Beam Tilt:

degrees

c.

Mechanical Beam Tilt:

degrees toward azimuth

Not Applicable

degrees True

Exhibit No.

Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).

d.

Polarization:

FCC Form 340 (Page 16)

Horizontal

Not Applicable

Circular

Elliptical

TECH BOX

Directional Antenna Relative Field Values:

e.

Rotation:
Degree

Value

Degree

Value

Not applicable (Nondirectional)

0

Degree

No rotation
Value

Degree

Value

Degree

Value

Degree

0

60

120

180

240

300

10

70

130

190

250

310

20

80

140

200

260

320

30

90

150

210

270

330

40

100

160

220

280

340

50

110

170

230

290

350

Value

Additional
Azimuths

If a directional antenna is proposed, the requirements of 47 C.F.R. Section 73.625(c)
must be satisfied. Exhibit required.

11.

Does the proposed facility satisfy the pre-transition interference protection provisions of
47 C.F.R. Section 73.623(a) (Applicable only if Certification Checklist Items 1(a), (b),
or (c) are answered ''No.'') and/or the post-transition interference protection provisions of
47 C.F.R. Section 73.616?

Exhibit No.

Yes

No

Exhibit No.

If ''No,'' attach as an Exhibit justification therefore, including a summary of any related
previously granted waivers.
12.

If the proposed facility will not satisfy the coverage requirement of 47 C.F.R. Section
73.625, attach as an Exhibit justification therefore. (Applicable only if Certification
Checklist Item 3 is answered "No.")

Exhibit No.

13.

Environmental Protection Act. Submit in an Exhibit the following:

Exhibit No.

a. If Certification Checklist Item 2 is answered ''Yes,'' a brief explanation of why an

Environmental Assessment is not required. Also describe in the Exhibit the steps that
will be taken to limit RF radiation exposure to the public and to persons authorized
access to the tower site.
By checking ''Yes'' to Certification Checklist Item 2, 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 radio
frequency electromagnetic exposure in excess of FCC guidelines.
If Certification Checklist Item 2 is answered ''No,'' an Environmental Assessment as
required by 47 C.F.R. Section 1.1311.

FCC Form 340 (Page 17)

SECTION VIII - DTS Engineering
GENERAL QUESTIONS. Complete the following questions that relate to the proposed DTS facility as a whole.
1.

Channel Number:

2.

Zone:

3.

Reference Point Coordinates for Table of Distances, in accordance with Section 73.626(c) of the rules:
'
"
°
N
S
Latitude
"
'
°

I

II

III

E

W

Longitude

4.

File Number for Current Authorized Service Area:

5.

The proposed DTS facility will operate on the DTV channel for this station as established in
the Post-Transition DTV Table of Allotments, 47 C.F.R. Section 73.622(i).

Yes

No

6.

The proposed DTV station satisfies the interference protection provisions of 47 C.F.R.
Sections 73.616 and 73.626.

Yes

No

Exhibit No.

If "No," attach as an Exhibit justification.
7.

The proposed DTV station satisfies the coverage requirement in 47 C.F.R. Section 73.625 and,
therefore, will encompass the allotted principal community.

Yes

No

Exhibit No.

If "No," attach as an Exhibit justification.
8.

The proposed DTS facility satisfies the requirements in 47 C.F.R. Section 73.626 in the
following respects:
a. The combined coverage from all of the DTS transmitters in the proposed DTS facility

covers all of the station's authorized service area, as required in 47 C.F.R. Section
73.626(f)(1).

Yes

No

Exhibit No.

If "No," attach as an Exhibit justification.
b. Each DTS transmitter's coverage is contained within either the DTV station's Table of

Distances area (47 C.F.R. Section 73.626 (c)) or its authorized service area, except where
such coverage is of a minimal amount and necessary to meet the requirements of 47 C.F.R.
Section 73.626(f)(1).
Yes, coverage entirely contained within station's authorized service area.
Yes, but coverage exceeds station's authorized service area by "minimal amount".
No

Attach as an Exhibit a justification if "No" or if "Yes but coverage exceeds station's
authorized service area by minimal amount".
c. Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's

coverage, as required in 47 C.F.R. Section 73.626(e)(3).

Exhibit No.

Yes
Exhibit No.

If "No," attach as an Exhibit justification.
d.

The coverage from one or more DTS transmitter(s) in the DTS facility provide(s) principal
community coverage, as required in 47 C.F.R. Section 73.626(e)(4).
Yes, one transmitter provides principal community coverage.
Yes, multiple transmitters provide principal community coverage.
No

If "No," or if "Yes, multiple transmitters provide principal community coverage," attach as
an Exhibit justification.
FCC Form 340 (Page 18)

Exhibit No.

No

SECTION VIII - DTS Engineering
e. The combined field strength of all of the DTS transmitters in the proposed DTS facility do

not cause interference to another station in excess of the criteria specified in 47 C.F.R.
Section 73.616, as required in 47 C.F.R. Section 73.626(e)(5).

Yes

No

Exhibit No.

If "No," attach as an Exhibit justification.
Note: The combined field strength level shall be determined by a "root-sum-square"
calculation, where the combined field strength level at a given location is equal to the
square root of the sum of the squared field strengths from each transmitter in the DTS
network at that location.
f.

Each DTS transmitter in the proposed DTS facility is located within either the DTV
station's Table of Distances area or its authorized service area.

Yes

No

Exhibit No.

If "No," attach as an Exhibit justification.
9.

Environmental Protection Act.
a. The proposed DTS facility will not have a significant environmental impact, including

exposure of workers or the general public to levels of RF radiation exceeding the limits
specified in 47 C.F.R. Sections 1.1307 and 1.1310.

Yes

No

Exhibit No.

b. Submit in an Exhibit the following for each transmitter site in the proposed DTS facility:

If "Yes," provide a brief explanation for each site of why an Environmental Assessment is
not required. Also describe in the Exhibit the steps that will be taken to limit RF
radiation exposure to the public and to persons authorized access to each transmitter site.
Note: By checking "Yes" to this question, the applicant also certifies that it, in
coordination with other users of each transmitter site, will reduce power or cease
operation as necessary to protect persons having access to each site, transmitter or antenna
from radio frequency electromagnetic exposure in excess of FCC guidelines.
If "No," provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311.
10.

The proposed DTS facility satisfies the requirements of 47 C.F.R. Section 73.1030 regarding
notification to radio astronomy installations, radio receiving installations and FCC monitoring
stations.

11.

The antenna structures to be used by the proposed DTS facility have been registered with the
Commission and will not require re-registration to support the proposed antennas, OR the
FAA has previously determined that the proposed antenna structures will not adversely effect
safety in air navigation and these structures qualify for later registration under the
Commission's phased registration plan, OR the proposed installation on these antenna
structures do not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.

Yes

No

Yes

No

FCC Form 340 (Page 19)

SECTION VIII - DTS 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.

DTS Site Number (x of total number of sites):

2.

Antenna Location Coordinates: (NAD 27):

of

°

'

"

°

'

"

N

S

Latitude

E

W

Longitude

3.

Antenna Structure Registration Number:

4.

Antenna Location Site Elevation Above Mean Sea Level:

meters

5.

Overall Tower Height Above Ground Level:

meters

6.

Height of Radiation Center Above Ground Level:

meters

7.

Height of Radiation Center Above Average Terrain:

meters

8.

Maximum Effective Radiated Power (average power):

kW

9.

Antenna Specifications:
a.

Manufacturer:

b.

Electrical Beam Tilt:

c.

Mechanical Beam Tilt:

degrees

N/A

degrees toward azimuth

Horizontal

Circular

Directional Antenna Relative Field Values:

Value

Degree

Value

degrees True

N/A

Elliptical

Not applicable (Nondirectional)

°

Rotation:
Degree

FAA Notification Filed with FAA

Model:

d. Polarization:
e.

N/A

Degree

No rotation
Value

Degree

Value

Degree

Value

Degree

0

60

120

180

240

300

10

70

130

190

250

310

20

80

140

200

260

320

30

90

150

210

270

330

40

100

160

220

280

340

50

110

170

230

290

350

Additional
Azimuths
If a directional antenna is proposed, the requirements of 47 C.F.R. Section 73.625(c) must be
satisfied. Exhibit required.

FCC Form 340 (Page 20)

Exhibit No.

Value

TECH BOX
f.

Elevation Pattern: Does the proposed antenna propose elevation radiation patterns that vary with
azimuth for reasons other than the use of mechanical beam tilt?

g. Required Exhibit: Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).

Yes

No

Exhibit No.

The elevation antenna (or radiation) pattern data shall be submitted in Office Open XML ("Excel
Spreadsheet") format with the first column containing depression angle values and second (and
subsequent, when applicable) column(s) containing relative field values. When applicable, the first
row shall list the azimuth angle being tabulated. The range of depression angles shall be 10 degrees
above horizontal (-10 degrees depression) to 90 degrees below horizontal (90 degrees depression)
and shall include data points spaced not more than 0.5-degree between -5 and 10 degrees depression
angle, and not more than 5 degrees elsewhere. All pattern minima and maxima shall be included.
Additional elevation antenna (or radiation) data may be included following the column
corresponding to 350 degrees TN so that the direction(s) of maximum and minimum radiation are
provided. A relative field value of 1 shall correspond to the azimuth and depression angles
corresponding to the direction of maximum ERP.

PREPARER'S CERTIFICATION ON PAGE 8 MUST BE COMPLETED AND SIGNED.

FCC Form 340 (Page 21)