Form FCC Form 349 FCC Form 349 Application for Authority to Construct or Make Changes i

Federal Communications Commission
Washington, D.C. 20554

Not Approved by OMB
3060-0029

INSTRUCTIONS FOR FCC 349
APPLICATION FOR AUTHORITY TO CONSTRUCT OR MAKE
CHANGES IN AN FM TRANSLATOR OR FM BOOSTER STATION
GENERAL INSTRUCTIONS
A. When to Use this Form. This FCC Form is to be used to
apply for authority to construct a new FM translator or
booster broadcast station, or to make changes in the
existing facilities of such stations. In the case of new
station and major modification proposals on channels in the
non-reserved portion of the FM Band, this application is
filed by either the successful bidder at a broadcast
frequency auction or by an applicant proposing facilities
that are not mutually exclusive with any other application
filed during the same window and thus not subject to the
Commission's comparative bidding procedures. The form
consists of the following sections:
I.
II.
III.

General Information
Legal Qualifications
Preparer's Certification (for preparer of engineering
sections of the application)
III-A Engineering Data
IV. Point System (Noncommercial Educational)
Applicants must complete Sections I, II and III of this
application. However, in Section II, an applicant for minor
change in facilities need fill out only Items 1, 3, 4, and 5.
In Section II, an applicant for major change in facilities
need fill out only Items 1, 3, 4, 5, 11, and 12. Applicants
for new or major changes to stations operating on channels
reserved for noncommercial educational use only (i.e., FM
channels 200-220) must submit Section IV as well.
B. FCC Rules. This application form makes many references
to FCC rules. Applicants should have on hand and be
familiar with current broadcast rules in Title 47 of the Code
of Federal Regulations (C.F.R.):
(1)
(2)
(3)
(4)

Part 0
Part 1
Part 73
Part 74

"Commission Organization"
"Practice and Procedure"
"Radio Broadcast Services"
"Experimental, Auxiliary, and Special
Broadcast and Other Program
Distributional Services"

FCC Rules may be purchased from the Government
Printing Office (GPO). Current prices may be obtained
from the GPO Customer Service Desk at (202) 512-1803.
For payment by credit card, call (202) 512-1800, M-F, 8
a.m. to 4 p.m. e.s.t; facsimile orders may be placed by
dialing (202) 518-2233, 24 hours a day. Payment by check
may be made to the Superintendent of Documents, Attn:

All previous editions obsolete.

New Orders, P.O. Box 371954, Pittsburgh, PA 152507954.
C. Electronic Filing of Application Forms.
The
Commission is currently developing electronic versions of
various broadcast station application and reporting forms,
such as this application form. As each application form and
report goes online, the Commission will by Public Notice
announce its availability and the procedures to be followed
for accessing and filing the application form or report
electronically via the Internet. For a six-month period
following the issuance of the Public Notice, the subject
application form or report can be filed with the
Commission either electronically or in a paper format.
Electronic filing will become mandatory, on a form-byform basis, six months after each application form or report
becomes available for filing electronically.
D. Paper Filing of Application Forms. Applicants that
prepare this application in paper form should file an
original and two copies of this application and all exhibits.
Applicants should follow the procedures set forth in Part 0
and Part 74 of the Commission's Rules. Amendments to
previously filed applications should be prepared and
submitted in original and two copies, signed in the same
manner as the original application, and should contain the
following information to identify the associated application:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

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

E. Public Notice Requirements.
(1)

47 C.F.R. Section 73.3580 requires that applicants
for construction permits for new FM translator or
FM booster stations and for major change in existing
FM translator or FM booster facilities (as defined in
47 C.F.R. Section 74.1233(a)(1)) give local notice in
a newspaper of general circulation in the community
to which the station is licensed. This publication
requirement also applies with respect to major
amendments. See 47 C.F.R. Section 73.3580(g).

(2)

Completion of publication must occur immediately
FCC 349 Instructions

for submitting explanations and exhibits where necessary or
appropriate. Each certification constitutes a material
representation. Applicants may only mark the "Yes"
certification when they are certain that the response is
correct. A "No" response is required if the applicant is
requesting a waiver of a pertinent rule and/or policy, or
where the applicant is uncertain that the application fully
satisfies the pertinent rule and/or policy. Thus, a "No"
response to a certification item will not cause the
immediate dismissal of the application if this form provides
an “Exhibit Box” for the item, indicating that filing an
exhibit is acceptable, and if an appropriate exhibit is
submitted.

after the tendering for filing of the application or
amendment, or immediately following notification
to the applicant by the FCC that public notice is
required. Compliance or intent to comply with the
public notice requirements must be certified by the
applicant in this application. The required content of
the local notice is described in Paragraph (g) of 47
C.F.R. Section 73.3580; Worksheet #1 attached to
these instructions provides additional guidance.
Proof of publication need not be filed with this
application.
F.

Public Inspection File. A copy of the completed
application and all related documents shall be made
available for inspection by the public. The station records
should be maintained at an accessible location in one of the
communities of license of the translator or booster, except
that the station records of a translator or booster owned by
the licensee of the primary station rebroadcast may be kept
at the same place where the primary station's records are
kept. See 47 C.F.R. Sections 74.1281, 73.1125.

K. Financial Qualifications. Applicants are not required to
certify as to their financial qualifications on FCC Form 349.
See Implementation of Section 309(j) of the
Communications Act -- Competitive Bidding for
Commercial Broadcast and Instructional Fixed Service
Licenses, 13 FCC Rcd 15920, 15989 (1998) ("Auctions
Order").
Nevertheless, the Commission's substantive
financial qualification requirements are unchanged. All
applicants for new broadcast facilities must have reasonable
assurance of committed financing sufficient to construct the
proposed facility and operate it for three months without
revenue at the time they file the FCC Form 349. See
Liberty Productions, 7 FCC Rcd 7581, 7584 (1992);
Merrimack Valley Broadcasting, Inc., 82 FCC 2d 166, 167
(1980).

G. Defective Applications. Applicants should provide all
information requested by this application. Responses
indicating “on file” are not acceptable. If any portions of
the application are not applicable, the applicant should so
state. Defective or incomplete applications will be
returned without consideration. Inadvertently accepted
applications are also subject to dismissal.

L. Site Certification. Applicants filing this FCC Form 349
also are not required to certify that the site specified in FCC
Form 349 is available for its intended use. See Auctions
Order, 13 FCC Rcd at 15988.
Nevertheless, the
Commission's substantive site availability requirements are
unchanged. All applicants for broadcast facilities must
have a reasonable assurance that the specified site will be
available at the time they file FCC Form 349. See
William F. and Anne K. Wallace, 49 FCC 2d 1424, 1427
(Rev. Bd. 1989); Genesee Communications, Inc., 3 FCC
Rcd 3595 (1988); National Innovative Programming
Network, 2 FCC Rcd 5641 (1987).

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

J.

Worksheets and Certifications. This application requires
applicants to certify compliance with many statutory and
regulatory requirements.
Detailed instructions and
worksheets provide additional information regarding
Commission rules and policies. These materials are
designed to track the standards and criteria which the
Commission applies to determine compliance and to
increase the reliability of applicant certifications. They are
not intended to be a substitute for familiarity with the
Communications Act and the Commission's regulations,
policies, and precedent. While applicants are required to
review all application instructions and worksheets, they are
generally not required to complete or retain any
documentation created or collected to complete the
application. Applicants who claim points in Section IV,
however, have different requirements, as explained in
Section IV.

M. Signatures.
The applicant, or the applicant's
authorized representative, must sign the application.
Depending on the nature of the applicant, the application
should be signed as follows: if a sole proprietorship,
personally; if a partnership, by a general partner; if a
corporation, by an officer; for an unincorporated
association, by a member who is an officer; if a
governmental entity, by such duly elected or appointed
official as is competent under the laws of the particular
jurisdiction. Counsel may sign the application for his or
her client, but only in cases of the applicant's disability or
absence from the United States. If the application is filed
electronically, the signature will consist of the electronic
equivalent of the typed name of the individual. See Report
and Order in MM Docket No. 98-43, 13 FCC Rcd 23,056,
23,064 (1998).

Exhibits. This application is presented primarily in a
"Yes/No" certification format. However, it contains places

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INSTRUCTIONS
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electronic filing procedures, all FCC Form 349 applications
requiring the remittance of a fee, or for which a waiver or
deferral from the fee requirement is requested, must be
submitted to the appropriate post office box address. See
47 C.F.R. Section 0.401(b). A listing of the required fee
and the address to which FCC Form 349 should be mailed
or otherwise delivered are also set forth in the "Media
Services Fee Filing Guide." This document can be
obtained either by writing to the Commission's Forms
Distribution Center, 9300 E. Hampton Drive, Capitol
Heights, Maryland 20743, or by calling 1-800-418-FORM
and leaving a request on the answering machine provided
for this purpose. See also 47 C.F.R. Section 1.1104. The
Fee Filing Guide also contains a list of the Fee Type Codes
needed to complete this application.

GENERAL

A. Item 1: Applicant Name. The name of the applicant must
be stated exactly in Item 1. If the applicant is a corporation,
the applicant should list the exact corporate name; if a
partnership, the name under which the partnership does
business; if an unincorporated association, the name of an
executive officer, his/her office, and the name of the
association; and, if an individual applicant, the person's full
legal name.
Applicants should use only those state abbreviations
approved by the U.S. Postal Service.

Payment of any required fee must be made by check, bank
draft, money order, or credit card. If payment is made by
check, bank draft, or money order, the remittance must be
denominated in U.S. dollars, drawn upon a U.S. institution,
and made payable to the Federal Communications
Commission. No postdated, altered, or third-party checks
will be accepted. DO NOT SEND CASH. Additionally,
checks dated six months or older will not be accepted.

Facility ID Number. Radio and TV Facility ID Numbers
can be obtained at the FCC's Internet Website at
www.fcc.gov/mb. Once at this website, scroll down and
select CDBS Public Access. You can also obtain your
Facility ID Number by calling: Radio -202-418-2700, TV 202-418-1600. Further, the Facility ID Number is now
included on all Radio and TV authorizations and postcards.

FCC Form 159 must be submitted with any application
subject to a fee received at the Commission.

B. Item 2: Contact Representative. If the applicant is
represented by a third party (for example, legal counsel),
that person's name, firm or company, and
telephone/electronic mail address may be specified in
Item 2.

Procedures for payment of application fees when
applications are filed electronically can be found by
clicking on the CDBS link to the Electronic Filing
Introductory page on the Media Bureau’s Home Page
website at www.fcc.gov/mb.

C. Item 3: Fees. The Commission is statutorily required to
collect charges for certain regulatory services to the public.
Generally, applicants seeking authority to construct a new
broadcast station or modify an outstanding authorization
are required to submit a fee with the filing of FCC Form
349. Government entities, however, are exempt from this
fee requirement. Exempt entities include possessions,
states, cities, counties, towns, villages, municipal
organizations, and political organizations or subparts
thereof governed by elected or appointed officials
exercising sovereign direction over communities or
governmental programs. Also exempt are full-service
noncommercial educational radio and TV broadcast
licensees and permittees, provided that the proposed
facility will be operated noncommercially. See 47 C.F.R.
Section 1.1114.

Payment of application fees may also be made by
Electronic Payment prior to the institution of electronic
filing procedures, provided that prior approval has been
obtained from the Commission. Applicants interested in
this option must first contact the Billings and Collections
Branch at (202) 418-1995 to make the necessary
arrangements.
Applicants hand-delivering FCC Forms 349 may receive
dated receipt copies by presenting copies of the applications
to the acceptance clerk at the time of delivery. For mailedin applications, a "return copy" of the application should be
furnished and clearly marked as a "return copy." The
applicant should attach this copy to a stamped, selfaddressed envelope.
Only one piece of paper per
application will be stamped for receipt purposes.

When filing a fee-exempt application, an applicant must
complete Item 3 and provide an explanation as appropriate.
Applications NOT subject to a fee may be hand-delivered
or mailed to the FCC at its Washington, D.C. offices. See
47 C.F.R. Section 0.401(a). Fee-exempt applications
should not be sent to the Mellon Bank Lockbox; so doing
will result in a delay in processing the application.

For further information regarding the applicability of a fee,
the amount of the fee, or the payment of the fee, applicants
should consult the "Media Services Fee Filing Guide."
D. Item 4: Facility Information. This question asks that the
applicant specify whether it is applying for an FM
translator or an FM booster station as well as the
community or communities to which the proposed station

The Commission's fee collection program utilizes a U.S.
Treasury lockbox bank for maximum efficiency of
collection and processing. Prior to the institution of

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and business associates. "Business associates" has been
defined to include a situation in which one of the translator
principals owns or works for a business that advertises on
the primary station. Letter to Mr. Eric Redd and
Christopher D. Imlay, Esq., DA 98-876, 13 FCC Rcd
25,188 (M.M. Bur. 1998). The underlying rationale for this
prohibition has been to prevent FM station licensees from
using FM translators as a competitive means for extending
their stations' service areas.

will be licensed.
E. Item 5: Purpose of Application. This question requires
that the applicant identify the purpose of the application
and provide certain identifying information for the facilities
proposed in the FCC Form 349.
NOTE: In this question, the applicant should specify
whether the filing will constitute a "minor" change
application/amendment or a "major" change application/
amendment. In the case of FM Translator stations, a
"major" amendment is any change in frequency (output
channel) except changes to first, second or third adjacent
channels, or intermediate frequency channels, and any
change in antenna location where the station would not
continue to provide 1 mV/m service to some portion of its
previously authorized 1 mV/m service area. All other
changes will be considered minor.

INSTRUCTIONS
INFORMATION

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SECTION

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NOTE: Section 74.1232(d) does not apply to FM
translator applicants proposing noncommercial
educational operation.
In situations where a licensee establishes that the proposed
facility's service contour will include a substantial amount
of "white area," the Commission may grant requests for
waiver of Section 74.1232(d). The Commission has defined
a "white area" as any area outside the coverage contour of
any full-time aural service. In order for licensees of
commercial primary stations to have an interest in or
connection with translators serving such areas, the
Commission requires a showing of a lack of service in
accordance with the stated "white area" definition. See
Report and Order in MM Docket No. 88-140, 5 FCC Rcd
at 7216; Kevin C. Boyle, Esq., 11 FCC Rcd 2348 (M.M.
Bur. 1996).

LEGAL

A. Item 1: Certification. Each applicant is responsible for
the information that the application instructions and
worksheets convey. As a key element in the Commission's
streamlined licensing process, a certification that these
materials have been reviewed and that each question
response is based on the applicant's review is required.

The Commission adopted rules in MB Docket No. 07-172
that would allow AM stations to use FM translator
stations to rebroadcast the AM signal locally,
retransmitting their AM programming as a fill-in service.
The cross-service translating rules limit FM translators to
providing fill-in service only, specifically within the
primary AM station’s authorized service area.
In
addition, the Commission limited the cross-service rule
changes to “currently authorized FM translators,” that is,
those translators with licenses or permits in effect as of
May 1, 2009. Report and Order in MB Docket 07-172,
FCC 09-59, released June 29, 2009.

B. Item 2: Organization of Applicant. This question asks
the applicant to specify its organizational structure. If the
applicant's structure fits none of the categories of business
entities enumerated, the applicant must check the box
marked "Other" and attach an exhibit describing in detail its
organizational structure.
C. Item 3: Compliance with 47 C.F.R. Section 74.1232(d).
This two-part question relates to the applicant's compliance
with the restrictions on FM translator operation adopted by
the Commission in MM Docket No. 88-140.
In that
rulemaking proceeding, the Commission tightened and/or
clarified several technical and operational requirements for
FM translator stations after affirming that the proper role
for that service was to supplement the service provided by
full-service FM radio broadcast stations. The amended
regulations prohibit the licensee of a commercial FM
station that will be rebroadcast, or any entity "having any
interest whatsoever [in] or any connection with" the
licensee of such a "primary" station, from owning an FM
translator that will operate outside the protected service
contour of that primary station. Because of the potential for
abuse, the Commission intended this restriction to be read
very broadly. Report and Order in MM Docket No. 88140, 5 FCC Rcd 7212, 7244, note 25 (1990). Therefore,
pursuant to 47 C.F.R. §74.1232(d), interested and
connected parties include, but are not limited to, group
owners, corporate parents, shareholders, officers, directors,
employees, general and limited partners, family members,

Accordingly, part "a" of this question asks the applicant to
certify that the FM translator applicant is not also the
licensee or permittee of the commercial primary station to
be rebroadcast and that none of the principals in the FM
translator applicant have any interest in or connection with
the primary station. If there is any interest or connection
whatever, the applicant must answer "No" to this question.
The applicant may then disclose or describe the relationship
or connection in an appropriate Exhibit.
Part “b” of this question asks the applicant to certify that
the FM translator station will be used as a fill-in service.
In the FM service, the coverage contour of the FM
translator station must not extend beyond the protected
coverage contour of the commercial FM primary station
to be rebroadcast. For purposes of this question, the
“protected coverage contour” is:

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Non-reserved band
Class B Stations

0.5mV/m 54 dBu (50,50) contour

Non-reserved band
Class B1 Stations

0.7 mV/m 57 dBu (50,50) contour

All other FM
Station Classes

1 mV/m 60 dBu (50,50) contour

actual services provided by the primary station's technical
staff or compensation for the time and services provided by
independent engineering personnel. It does not include the
provision of equipment for the translator's operation or
direct funding for the translator operator's discretionary use.
Furthermore, such technical assistance must occur after the
issuance of the translator's construction permit or license in
order to meet expenses incurred by installing, repairing, or
making adjustments to equipment. Thus, applicants for
new FM translator stations may not be promised or receive
financial or technical assistance during the application
process from the commercial primary station or any person
interested in or connected with that station. Memorandum
Opinion and Order in MM Docket No. 88-140, 8 FCC Rcd
5093, 5096 (1993).

In the AM service, the entire 60 dBu contour of the FM
translator station must be contained within the lesser of :
(a) the 2 mV/m daytime contour of the AM primary
station being rebroadcast, or (b) a 25-mile radius centered
at the AM primary station’s transmitter site.

47 C.F.R. Section 74.1232(e) provides that an other area
FM translator station (i.e., FM translator station whose
coverage contour extends beyond the protected contour of
the commercial FM primary station) shall not receive any
support, before, during, or after construction, either
directly or indirectly, from the commercial primary FM
radio broadcast station, or from any person or entity
having an interest or connection with the commercial
primary FM station. For the purposes of this rule,
interested and connected parties extend to group owners,
corporate parents, shareholders, officers, directors,
employees, general and limited partners, family members,
business associates, and advertisers.

If the answer to both “a” and “b” is “No” and no waiver
has been justified, the application will be dismissed as
unacceptable for filing under 47 C.F.R. Sections
73.3566(a) and 74.1232(d).
Applicants for FM booster stations, as well as applicants
proposing noncommercial educational translator operation,
should mark "N/A" to both parts of this question.
D. Item 4: Compliance with 47 C.F.R. Section 74.1232(e).
This question requires the FM translator applicant to certify
that it complies with the rule regarding financial and
technical assistance from the primary station to be
rebroadcast, which rule also was adopted by the
Commission in MM Docket No. 88-140. Applicants
proposing FM translator operation for which the translator
contour extends beyond the protected contour of the
commercial primary station to be rebroadcast may not
"receive any support, either directly or indirectly, from the
commercial primary FM radio broadcast station" or from
any entity "having any interest whatsoever [in] or any
connection with" the licensee of such a commercial primary
station. See 47 C.F.R Section 74.1232(e). Pursuant to 47
C.F.R. §74.1232(e), "[i]nterested and connected parties"
include but are not limited to group owners, corporate
parents, shareholders, officers, directors, employees,
general and limited partners, family members, and business
associates. This provision is to be interpreted very broadly.
Report and Order in MM Docket No. 88-140, 5 FCC Rcd
at 7244, note 25 (1990). "Business associates" has been
defined to include a situation in which one of the translator
principals owns or works for a business that advertises on
the primary station. Letter to Mr. Eric Redd and
Christopher D. Imlay, Esq., DA 98-876 13 FCC Rcd
25,188 (M.M. Bur. 1998).

If the translator applicant is receiving or has been promised
from the primary station or any party interested in or
connected to that station: (1) financial support; (2) technical
support over and above what is specified in Section
74.1232(e); or (3) technical assistance of any sort prior to
grant of the requested permit, it should answer "No" to this
question and provide all pertinent details and, if necessary,
request a waiver in the appropriate Exhibit.
Applicants for FM booster stations, as well as applicants
proposing noncommercial educational translator operation,
should mark "N/A" to this question.
Since the primary station financial support and technical
assistance prohibition of Section 74.1232(e) does not
apply to “fill-in” FM translators, applicants proposing to
rebroadcast the signal of an AM primary station should
mark “N/A” to this question.
E. Item 5: Rebroadcast Certification. An FM Translator
operator proposing to rebroadcast the signal of a primary
station which it does not own must obtain written
permission of that station prior to retransmission of that
signal. See 47 C.F.R. Section 74.1284. Item 5 requires the
applicant to certify that such authority has been received.

Notwithstanding these restrictions, FM translators may
receive "technical assistance" from the commercial primary
station to the extent of installing or repairing equipment or
making adjustments to equipment to ensure compliance
with the terms of the translator operator's construction
permit and license. "Technical assistance" here refers to

Additionally, the Commission must be notified of the call
letters of each station rebroadcast, as well as any changes in
primary stations.

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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.

For purposes of this item, "rebroadcast" means the
reception by radio of the programs or other signals of a
radio or television station and the simultaneous or
subsequent retransmission of such program or signals for
direct reception by the general public. See Section
74.1284(a).
FM translator applicants proposing to rebroadcast the signal
of stations that they own, as well as applicants for FM
booster stations, should mark the box labeled "N/A."
F.

NOTE: As used in this question, the term "party to the
application" includes any individual or entity whose
ownership or positional interest in the applicant is
attributable. An attributable interest is an ownership
interest in or relation to an applicant or licensee which will
confer on its holder that degree of influence or control over
the applicant or licensee sufficient to implicate the
Commission's multiple ownership rules. See 47 C.F.R.
Section 73.3555, as revised and explained in Review of the
Commission's Regulations Governing Attribution of
Broadcast and Cable/MDS Interests, FCC 99-207, released
August 6, 1999, on reconsideration, FCC 00-438, released
January 19, 2001. See also, Report and Order in MM
Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration
granted in part, 58 RR 2d 604 (1985), further modified on
reconsideration, 61 RR 2d 739 (1986).
General
guidelines are set forth below.

Items 6 and 7: Character Issues/Adverse Findings. Item
6 requires the applicant to certify that neither it nor any
party to the application has had any interest in or
connection with an application that was or is the subject of
unresolved character issues. An applicant must disclose in
response to Item 7 whether the applicant or any party to the
application has been the subject of a final adverse finding
with respect to certain relevant non-broadcast matters. The
Commission's character policies and litigation reporting
requirements for broadcast applicants focus on misconduct
which violates the Communications Act or a Commission
rule or policy and on certain specified non-FCC
misconduct. In responding to Items 6 and 7, applicants
should review the Commission's character qualifications
policies, which are fully set forth in Character
Qualifications, 102 FCC 2d 1179 (1985), reconsideration
denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd
3252 (1990) and 7 FCC Rcd 6564 (1992).

INVESTORS AND CREDITORS: Certain interests
held by substantial investors in, or creditors of, the
applicant may be attributable and the investor reportable as
a party to the application, if the interest falls within the
Commission's equity/debt plus (EDP) attribution standard.
Under the EDP standard, the interest held, aggregating both
equity and debt, must exceed 33% of the total asset value
(all equity plus all debt) of the applicant, a broadcast station
licensee, cable television system, daily newspaper or other
media outlet subject to the Commission's broadcast multiple
ownership rules AND the interest holder must either also
hold an attributable interest in a media outlet in the same
market or supply over 15% of the total weekly broadcast
programming hours of the station in which the interest is
held. For example, the equity interest of an insulated
limited partner in a limited partnership applicant would
normally not be considered attributable. However, under
the EDP standard, that interest would be attributable if the
limited partner's interest exceeded 33% of the applicant's
total asset value AND the limited partner also held a 5%
voting interest in a radio or television station licensee in the
same market.

Where the response to Item 6 is "No," the applicant must
submit an exhibit that includes an identification of the party
having had the interest, the call letters and location of the
station or file number of the application or docket, and a
description of the nature of the interest or connection,
including relevant dates. The applicant should also fully
explain why the unresolved character issue is not an
impediment to a grant of this application.
In responding to Item 7, the applicant should consider any
relevant adverse finding that occurred within the past ten
years. Where that adverse finding was fully disclosed to
the Commission in an application filed on behalf of this
station or in another broadcast station application and the
Commission, by specific ruling or by subsequent grant of
the application, found the adverse finding not to be
disqualifying, it need not be reported again and the
applicant may respond "Yes" to this item. However, an
adverse finding that has not been reported to the
Commission and considered in connection with a prior
application would require a "No" response.

INDIVIDUAL APPLICANT: The natural person seeking
to hold in his or her own right the authorization specified in
this application is a party to the application.

Where the response to Item 7 is "No," the applicant must
provide in an exhibit a full disclosure of the persons and
matters involved, including an identification of the court or
administrative body and the proceeding (by dates and file
numbers), and the disposition of the litigation. Where the
requisite information has been earlier disclosed in

PARTNERSHIP APPLICANT: Each partner, including
all limited partners may be parties to the application.
However, a limited partner in a limited partnership is not
considered a party to the application IF the limited partner
is not materially involved, directly or indirectly, in the

6

management or operation of the media-related activities of
the partnership. Sufficient insulation of a limited partner
for purposes of this certification would be assured if the
limited partnership arrangement:

partnership and where the relevant state statute authorizing
the LLC permits a LLC member to insulate itself in
accordance with the Commission's criteria, that LLC
member is not considered a party to the application.

(1)

specifies that any exempt limited partner (if not a
natural person, its directors, officers, partners, etc.)
cannot act as an employee of the limited partnership
if his or her functions, directly or indirectly, relate to
the media enterprises of the company;

(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.

CORPORATE APPLICANT: Each officer, director and
owner of stock accounting for 5% or more of the issued and
outstanding voting stock of the applicant is considered a
party to the application. Where the 5% stock owner is
itself a corporation, each of its stockholders, directors and
"executive" officers (president, vice-president, secretary,
treasurer or their equivalents) is considered a party to this
application UNLESS the applicant submits as an exhibit a
statement establishing that an individual director or officer
will not exercise authority or influence in areas that will
affect the applicant or the station. In this statement, the
applicant should identify the individual by name and title,
describe the individual's duties and responsibilities, and
explain the manner in which such individual is insulated
from the corporate applicant and should not be attributed an
interest in the corporate applicant or considered a party to
this application. In addition, a person or entity holding an
ownership interest in the corporate stockholder of the
applicant is considered a party to this application ONLY IF
that interest, when multiplied by the corporate stockholder's
interest in the applicant, would account for 5% or more of
the issued and outstanding voting stock of the applicant.
For example, where Corporation X owns stock accounting
for 25% of the applicant's votes, only Corporation X
shareholders holding 20 percent or more of the issued and
outstanding voting stock of Corporation X have a 5% or
more indirect interest in the applicant (.25 x .20 = .05) and,
therefore, are considered parties to this application. In
applying the multiplier in this context, any entity holding
more than 50% of its subsidiary will be considered a 100%
owner. Where the 5% stock owner is a partnership, each
general partner and any limited partner that is not insulated,
regardless of the partnership interest, is considered a party
to the application.
Stock subject to stockholder cooperative voting agreements
accounting for 5% or more of the votes in a corporate
applicant will be treated as if held by a single entity and any
stockholder holding 5% or more of the stock in that block is
considered a party to this application.

Notwithstanding conformance of the partnership agreement
to these criteria, however, the requisite certification cannot
be made IF the limited partner’s interest is attributable
under the Commission’s Equity/Debt Plus attribution
standard described below; or IF the respondent has actual
knowledge of a material involvement of a limited partner in
the management or operation of the media-related
businesses of the partnership. In the event that the
respondent cannot certify as to the noninvolvement of a
limited partner, the limited partner will be considered as a
holder of an attributable interest.

If a single entity holds more than 50% of the voting stock
and a simple majority is all that is required to control
corporate affairs, and minority interest was acquired before
December 14, 2000, no other stockholder need be reported,
unless that entity’s interest is attributable under the
Commission’s Equity/Debt Plus attribution standard
described above. If the minority interest was acquired on
or after December 14, 2000, it must be reported.

LIMITED LIABILITY COMPANY APPLICANT: The
Commission treats a LLC as a limited partnership, each of
whose members is considered to be a party to the
application. However, where a LLC member is insulated in
the manner specified above with respect to a limited

An investment company, insurance company or trust
department of a bank is not considered a party to this
application, IF its aggregated holding accounts for less than
20% of the outstanding votes in the applicant AND IF:

7

(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.

ownership benchmark restrictions of Section 310. Under
the second prong of the analysis, an assignee must
determine the pro rata equity holdings of any alien investor
in a licensee entity or its parent. In calculating alien
ownership, the same voting interest multiplier rules apply.
In order to complete this two-prong analysis, an applicant
must determine the citizenship of each entity holding either
a voting or equity interest or explain how it determined the
relevant percentages. Corporate applicants and licensees
whose stock is publicly traded have employed a variety of
practices, including sample surveys using a recognized
statistical methodology, a separate restrictive class of stock
for alien owners, and the compiling of citizenship
information on each stockholder by the corporation's stock
transfer agent, to ensure the accuracy and completeness of
their citizenship disclosures and their continuing
compliance with Section 310.

ANY OTHER APPLICANT: Each executive officer,
member of the governing board and owner or holder of 5%
or more of the votes in the applicant is considered a party to
the application.
G. Item 8: Alien Ownership and Control. All applications
must comply with Section 310 of the Communications Act,
as amended. Specifically, Section 310 proscribes issuance
of a construction permit or station license to an alien, a
representative of an alien, a foreign government or the
representative thereof, or a corporation organized under the
laws of a foreign government. This proscription also
applies with respect to any entity of which more than 20%
of the capital stock is owned or voted by aliens, their
representatives, a foreign government or its representative,
or an entity organized under the laws of a foreign country.
The Commission may also deny a construction permit or
station license to a licensee directly or indirectly controlled
by another entity of which more than 25% of the capital
stock is owned or voted by aliens, their representatives, a
foreign government or its representative, or another entity
organized under the laws of a foreign country.

H. Item 9: Programming.
Applicants for broadcast
construction permits need no longer file a specific program
service proposal. Nevertheless, prior to making the
certification called for in Item 9, the applicant should
familiarize itself with its obligation to provide
programming responsive to the needs and interests of the
residents of its community of license. See Programming
Information in Broadcast Applications, 3 FCC Rcd 5467
(1988).

Compliance with Section 310 is determined by means of a
two-prong analysis, one pertaining to voting interests and
the second to ownership interests. See, e.g., BBC License
Subsidiary L.P., 10 FCC Rcd 10968 (1995). The voting
interests held by aliens in a licensee through intervening
domestically organized entities are determined in
accordance with the multiplier guidelines for calculating
indirect ownership interests in an applicant as set forth in
the "Corporate Applicant" Instructions above.
For
example, if an alien held a 30-percent voting interest in
Corporation A which, in turn, held a non-controlling 40percent voting interest in Licensee Corporation B, the alien
interest in Licensee Corporation B would be calculated by
multiplying the alien's interest in Corporation A by that
entity's voting interest in Licensee Corporation B. The
resulting voting interest (30% x 40% = 12%) would not
exceed the 25% statutory benchmark. However, if
Corporation A held a controlling 60% voting interest in
Corporation B, the multiplier would not be utilized and the
full 30 percent alien voting interest in Corporation A would
be treated as a 30 percent interest in Licensee Corporation
B, i.e., an impermissible 30% indirect alien voting interest
in the licensee. If Partnership A held a 40% voting interest
in Licensee Corporation B, that voting interest would be
similarly impermissible if any general partner or any noninsulated limited partner of partnership A was an alien,
regardless of his or her partnership interest.
Applicants must also comply with the separate alien equity

8

I.

Item 10: Local Public Notice. Applicants should refer to
General Instruction E, above, to respond to this question.

J.

Item 11: Auction Authorization. The Commission's Part
1 auction rules require all winning bidders for construction
permits or licenses to include certain exhibits with their
long-form applications. If this application is being
submitted to obtain a construction permit for which the
applicant was a winning bidder in an auction, then the
applicant must, pursuant to 47 C.F.R. Section 73.5005(a),
include an exhibit containing the information required by
the following Part 1 auction rules, if applicable.
(1)

Section 1.2107(d) requires the applicant to provide a
detailed explanation of the terms, conditions, and
parties involved in any bidding consortium, joint
venture, partnership, or other agreement or
arrangement it had entered into relating to the
competitive bidding process. See 47 C.F.R. Section
1.2107(d).

(2)

Section 1.2110(i) requires applicants claiming
designated entity status to describe how they satisfy
the requirements for eligibility for such status, and to
list and summarize all agreements that affect
designated entity status, such as partnership
agreements, shareholder agreements, management
agreements, and any other agreements, including
oral agreements, which establish that the designated
entity will have both de facto and de jure control of

the entity. See 47 C.F.R. Section 1.2110(i).
(3)

(4)

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.

Section 1.2112(a) requires that each long-form
application fully disclose the real party or parties in
interest and disclose specified ownership
information, including identifying any party holding
a 10 percent or greater interest in the applicant. See
47 C.F.R. Section 1.2112(a).

General guidelines for developing an Equal Employment
Opportunity program are set forth in FCC Form 396-A.

Section 1.2112(b) requires each applicant claiming
status as a "small business" to disclose specified
gross revenue information; to list and summarize all
agreements or instruments that support the
applicant's eligibility as a small business, including
the establishment of de facto and de jure control;
and to list and summarize any investor protection
agreements. See 47 C.F.R. Section 1.2112(b).

INSTRUCTIONS FOR SECTION III – PREPARER’S
CERTIFICATION AND ENGINEERING DATA
A. Preparer's Certification. When someone other than the
applicant has prepared the engineering section of the FCC
Form 349, Section III requires that person to certify, to the
best of his/her knowledge and belief, the veracity of the
technical data supplied.
The Section III preparer's
certification on Page 3 of FCC Form 349 need not be
completed if the engineering portion of the application has
been prepared by the applicant. In that event, the
applicant's certification on Page 3 of FCC Form 349 will
encompass both the legal and engineering sections of the
application.

K. Item 12: Anti-Drug Abuse Act Certification. This
question requires the applicant to certify that neither it nor
any party to the application is subject to denial of federal
benefits pursuant to the Anti-Drug Abuse Act of 1988, 21
U.S.C. Section 862.
Section 5301 of the Anti-Drug Abuse Act of 1988 provides
federal and state court judges the discretion to deny federal
benefits to individuals convicted of offenses consisting of
the distribution or possession of controlled substances.
Federal benefits within the scope of the statute include FCC
authorizations. A "Yes" response to Item 11 constitutes a
certification that neither the applicant nor any party to this
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.

B. General Engineering Instructions for Section III-A.
The engineering section contains a "Tech Box" to
incorporate in one central location all critical technical data
required for engineering review. In the event that there are
any discrepancies between data in the "Tech Box" and data
submitted elsewhere in the application, the data in the
"Tech Box" will be controlling.
C. Notification Requirements. All applicants must comply
with the requirements of 47 C.F.R. Section 73.1030.
Specifically, applicants must notify United States
Government radio astronomy installations, radio receiving
installations, and FCC monitoring stations of the proposed
facility and its possible impact on their operations. The
Commission need not be informed of the date of such
notification.

With respect to this question only, the term "party to the
application" includes if the applicant is an individual, that
individual; if the applicant is a corporation or
unincorporated association, all officers, directors, or
persons holding 5 percent or more of the outstanding stock
or shares (voting and/or non-voting) of the applicant; all
members if a membership association; and if the applicant
is a partnership, all general partners and all limited partners,
including both insulated and non-insulated limited partners,
holding a 5 percent or more interest in the partnership.

SECTION III-A – ENGINEERING
A. Tech Box: The applicant must accurately specify the
requested facilities in Items 1 through 10 of the Tech Box.
Conflicting data found elsewhere in the application will be
disregarded. All items must be completed. The response
"on file" is not acceptable. The response "not applicable" is
not acceptable unless otherwise noted below.

L. Item 13. Equal Employment Opportunity Program.
Applicants seeking authority to construct a new broadcast
station are required to afford equal employment opportunity
to all qualified persons and to refrain from discriminating in
employment and related benefits on the basis of race, color,
religion, national origin or sex. See 47 C.F.R. Section
73.2080. Pursuant to these requirements, an applicant who
proposes to employ five or more full-time employees in its
station employment unit must establish a program designed
to assure equal employment opportunity for women and
minority groups (that is, Blacks not of Hispanic origin,
Asian or Pacific Islanders, American Indians or Alaskan
Natives, and Hispanics). This program is submitted to the
Commission as the Model EEO Program on FCC Form

Item 1: Channel. The proposed channel must be between
201 and 300. See 47 C.F.R. Section 73.201.
Item 2: Primary Station. The Call Sign, City, State, and
Channel of the station to be rebroadcast must be entered.
Item 3: Delivery Method. The proposed signal delivery
method must comply with 47 C.F.R. Section 74.1231. The

9

restrictions are as follows:
•

All FM translators may retransmit the signal of a
primary FM or AM radio broadcast station, or
another translator which has been received over the
air, converted to the authorized channel, and
suitably amplified.

•

FM translators providing “fill-in” service – i.e., the
FM translator’s (a) coverage contour does not
extend beyond the protected contour of the
commercial FM primary station to be rebroadcast,
or (b) entire 60 dBu contour must be contained
within the lesser of: (i) the 2 mV/m daytime
contour of the AM primary station to be
rebroadcast, or (ii) a 25-mile radius centered at the
AM primary station’s transmitter site – may use
over-the-air reception or terrestrial facilities to
receive the primary signal rebroadcast.

•

directional composite antenna must also complete all other
sections in Item 10. Relative field values (0.001-1.000)
must be entered for every 10 degrees on the unit circle. Up
to five azimuths may be added at the bottom of the table for
additional accuracy. If the "No Rotation" box is checked,
the antenna pattern will be entered with 0 Degrees oriented
towards True North in the Commission's database.
However, if the "Rotation" question is completed, the
antenna pattern will be rotated clockwise by the number of
whole degrees indicated in the "Rotation" box. For
example, if the maximum relative field value from the table
is 0 Degrees, and the Rotation is 135 Degrees, the
maximum lobe of the antenna will be oriented at 135
Degrees in the Commission's database. All directional
antennas must comply with 47 C.F.R. Section 74.1235(i)
B. Additional questions. Certification 11 need only be
answered by FM Booster applicants and Fill-in FM
Translator applicants.
All applicants must complete
certifications 12-15.

An FM booster station or a noncommercial
educational FM translator station operating on a
reserved channel (channels 201-220, 88.1 MHz92.1 MHz) which is owned and operated by the
licensee of the primary noncommercial
educational FM station being rebroadcast may
use over-the-air reception as well as alternative
signal delivery methods, including satellite and
terrestrial microwave facilities.

Item 11:
Fill-in Translator/Booster service area.
Applicants for FM fill-in translator stations or for FM
Booster stations must certify that the proposed facility
coverage contour complies with the specific service
restrictions. See 47 C.F.R. Sections 74.1201(g) and
74.1232(d) and (f).
In the FM service, the coverage contour of the FM
translator station must not extend beyond the protected
coverage contour of the commercial FM primary station
to be rebroadcast. For purposes of this question, the
“protected coverage contour” is:

If the signal is to be received via another translator,
indicate the call sign of that translator in the space
provided.
Item 4: Antenna Location Coordinates. The proposed
antenna site must be specified using North American
Datum 27 (NAD 27) coordinates. Coordinates read from
GPS receivers must be converted to NAD 27 before use.
Item 5: Antenna Structure Registration Number. Most
towers greater than 61 meters (200 feet) in height, or those
located near airports require antenna registration numbers.
See 47 C.F.R. Section 17.4. If the tower does not require
registration, indicate that registration is Not Applicable, or
if the FAA has not yet ruled on a proposed structure,
indicate whether the FAA Notification has been filed with
the FAA.

Non-reserved band
Class B Stations

0.5mV/m 54 dBu (50,50) contour

Non-reserved band
Class B1 Stations

0.7 mV/m 57 dBu (50,50) contour

All other FM
Station Classes

1 mV/m 60 dBu (50,50) contour

In the AM service, the entire 60 dBu contour of the FM
translator station must be contained within the lesser of:

Items 6-8: Elevation and Heights. All heights must be in
meters, rounded to the nearest whole number.

(a) the 2 mV/m daytime contour of the AM primary
station being rebroadcast, or (b) a 25-mile radius centered
at the AM primary station’s transmitter site.

Item 9: Effective Radiated Power. The effective radiated
power must be entered in kilowatts, and rounded pursuant
to 47 C.F.R. Section 73.212.

FM Booster stations must certify that the service contour
of the proposed facility is completely within the protected
coverage contour of the primary station it rebroadcasts.

Item 10: Transmitting Antenna. All applicants must
indicate what type of antenna is to be used, along with the
antenna manufacturer and model number. Applicants
proposing a directional antenna must specify the antenna
rotation in whole degrees.
Applicants proposing a

FM Booster stations will only be authorized to the
licensee or permittee of the FM station whose signals the
booster will rebroadcast.
See 47 C.F.R. Section
74.1232(f).

10

C.F.R. Sections 17.47-17.49.

Applicants for Non-fill-in or partial fill-in FM Translators
should mark "N/A" to this question. However, a Non-fillin or partial fill-in FM translator station rebroadcasting a
commercial FM station may not be authorized to the
licensee of the station it rebroadcasts. See 47 C.F.R.
Section 74.1232(d). See Item 3, Legal Certifications.

See 47 C.F.R. Section 74.1234. Accordingly, Item 13 asks
whether the applicant either does not propose "unattended
operation" of its facility, or, if unattended operation is
proposed, Item 13 asks the applicant to certify that it will
comply with Section 74.1234.

Item 12: Interference. The applicant must certify that the
proposal complies with the Commission’s contour overlap
and interference protection provisions. In order to answer
“Yes” to this question, the applicant must submit exhibits
with sufficient information to demonstrate that the
proposed facility complies with the applicable rule sections.

Item 14: Multiple Translators. This question requires
the applicant to certify that it does not have any interest in
an FM translator that serves substantially the same area and
that rebroadcasts the same signal as the proposed translator.
If it cannot so certify, the applicant must demonstrate the
technical need for the additional translator. See Section
74.1232(b).

All proposed translator and booster facilities
must provide exhibits demonstrating
compliance with 47 C.F.R. Section 74.1204.
Failure to provide exhibits demonstrating lack
of prohibited overlap may result in dismissal
of the application.

Item 15: Environmental Protection Act. The National
Environmental Policy Act of 1969 requires all federal
agencies to ensure that the human environment is given
consideration in all agency decision-making. Since January
1, 1986, applications for new broadcast stations,
modifications of existing stations, and license renewals
must contain either an environmental assessment that will
serve as the basis for further Commission review and
action, or an indication that operation of the station will not
have a significant environmental impact. See Section
1.1307(b). In this regard, applicants are required to look at
eight environmental factors. These factors are selfexplanatory, except for the evaluation of whether the
station adequately protects the public and workers from
potentially harmful radiofrequency (RF) electromagnetic
fields.
Worksheet #2 includes both a general
environmental evaluation and specific sub-sections for RF
exposure analysis. These pages are designed to facilitate
and substantiate the certification called for in Section IIIA,
Item 15. Their use is voluntary, but strongly encouraged.

Any proposed translator on the reserved band
(channels 201-220) must provide exhibits
demonstrating compliance with 47 C.F.R.
Section 74.1205. If compliance with Section
74.1205 is by an agreement, the application
must include a copy of that agreement. See
47 C.F.R. Section 74.1205(a). Proposed
translators must protect all full-service TV6
stations, low power TV6 stations, and
previously authorized TV6 translator stations.
Item 13: Unattended Operation. FM Translator and
booster stations may be operated without a designated
person in attendance if the following requirements are
met:
(1)

If the transmitter site is not readily accessible at all
hours and in all seasons, the translator/booster
operator has established a way to turn the
transmitting apparatus on or off from a point that is
readily accessible at all hours and in all seasons.

(2)

The transmitter is equipped with circuits that will
automatically shut down the transmitter in the
absence of a signal on the input channel.

(3)

The on/off control, if at a location other than at the
transmitter site, is protected from tampering.

(4)

The Commission is supplied with the name, address,
and telephone number of at least one person who
may be contacted to secure suspension of operation
should such action be deemed necessary by the
Commission.

(5)

If lighting and painting of the antenna and
supporting
structure
are
required,
the
translator/booster operator will make arrangements
for daily inspection and logging of the lighting and
associated control equipment, as required by 47

RF Exposure Requirements. In 1996, the Commission
adopted new guidelines and procedures for evaluating
environmental effects of RF emissions. All applications
subject to environmental processing filed on or after
October 15, 1997 must demonstrate compliance with the
new requirements. These new guidelines incorporate two
tiers of exposure limits:
General population/uncontrolled exposure limits
apply to situations in which the general public may
be exposed or in which persons who are exposed as
a consequence of their employment may not be
made fully aware of the potential for exposure or
cannot exercise control over their exposure.
Members of the general public are always
considered under this category when exposure is not
employment-related.
Occupational/controlled exposure limits apply to
human exposure to RF fields when persons are
exposed as a consequence of their employment and
in which those persons who are exposed have been

11

made fully aware of the potential for exposure and
can exercise control over their exposure. These
limits also apply where exposure is of a transient
nature as a result of incidental passage through a
location where exposure levels may be above the
general populations/uncontrolled limits as long as
the exposed person has been made fully aware of the
potential for exposure and can exercise control over
his or her exposure by leaving the area or some other
appropriate means.

fencing or remote location). The guidelines are explained
in more detail in OET Bulletin 65.
If the applicant is not eligible to use the worksheets, it is not
an indication that the proposed facility will cause excessive
exposure. Generally, applicants that are not able to use the
worksheets will need to utilize more complex calculations
or measurements to demonstrate compliance. For this
reason, applicants who are not eligible to use the
worksheets should consider seeking the assistance of a
qualified consulting engineer in determining whether the
proposed facility will meet the RF exposure guidelines.

The new guidelines are explained in more detail in OET
Bulletin 65, entitled Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields, Edition 97-01, released August,
1997, and Supplement A: Additional Information for Radio
and Television Broadcast Stations (referred to here as
"OET Bulletin 65" and "Supplement A," respectively).
Both OET Bulletin 65 and Supplement A can be viewed
and/or downloaded from the FCC Internet site at
http://www/fcc.gov/oet/rfsafety. Copies can also be
purchased from the Commission's duplicating/research
contractor, International Transcription Services, Inc., 1231
20th Street, N.W., Washington, D.C. 20036 (telephone:
(202) 857-3800; fax: (202) 857-3805.
Additional
information may be obtained from the RF Safety Group at
[email protected] or (202) 418-2464 or from the FCC Call
Center at 1-888-CALL FCC (225-5322).

Should the applicant be unable to conclude that its proposal
will have no significant impact on the quality of the human
environment, it must submit an Environmental Assessment
(“EA”) containing the following information:

The RF worksheets and tables appended to Worksheet 2
will enable certain categories of stations to determine
whether or not the proposed facility will have a significant
environmental impact as defined by 47 C.F.R. Section
1.1307. All applicants can use the general Environmental
Worksheet. Some, but not all, stations will be able to use
the RF worksheets. Generally, the RF worksheets can only
be used in the following situations: (1) single use tower;
(2) single tower with several FM/FM translators; or (3) a
multiple tower AM array with no other user co-located
within the array. Additionally, the RF worksheets can be
used in regard to an AM station only if access to the AM
station is restricted by a fence or other barrier that will
preclude casual or inadvertent access to the site and
warning signs are posted at appropriate intervals describing
the potential for RF exposure. See "RF Exposure
Compliance Worksheet Instructions" for more detail on
eligibility.

(1)

A description of the facilities as well as supporting
structures and appurtenances, and a description of
the site as well as the surrounding area and uses. If
high-intensity white lighting is proposed or utilized
within a residential area, the EA must also address
the impact of this lighting upon the residents.

(2)

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

(3)

A statement as to whether construction of the
facilities has been a source of controversy on
environmental grounds in the local community.

(4)

A discussion of environmental and other
considerations that led to the selection of the
particular site and, if relevant, the particular facility;
the nature and extent of any unavoidable adverse
environmental effects; and any alternative sites or
facilities that have been or reasonably might be
considered.

(5)

If relevant, a statement why the site cannot meet the
FCC guidelines for RF exposure with respect to the
public and workers.

NOTE: Even if the applicant concludes from the use of
the attached worksheets that human RF electromagnetic
exposure is consistent with the Commission's guidelines,
each site user must also meet requirements with respect to
"on-tower" or other exposure by workers at the site
(including RF exposure on one tower caused by sources on
another tower or towers). These requirements include, but
are not limited to, the reduction or cessation of transmitter
power when persons have access to the site, tower, or
antenna. Such procedures must be coordinated among all
tower users. See OET Bulletin 65 for details.

If after using the worksheets the applicant finds that levels
will exceed the RF guidelines, levels may still be
acceptable based on a more detailed evaluation of a number
of variables (e.g., antenna radiation patterns or
measurement data). In that case, the applicant must submit
an exhibit to the application that explains why the proposed
facility does not exceed the RF radiation exposure
guidelines at locations where humans are likely to be
present, or describing measures or circumstances which
will prevent or discourage humans from entering those
areas where the RF exposure exceeds the guidelines (e.g.,

12

applicant’s primary station’s service contour. An applicant
claiming points for diversity of ownership must place
supporting documentation in a local public inspection file and
submit to the Commission copies of the documentation. The
preferred documentation is a contour map showing the
principal community contours of the proposed station and of
other attributable stations whose principal community
contours overlap or come within 10 miles of the proposed
station’s contours. Applicants with no other attributable
stations or with attributable stations more distant should so
state.

SECTION IV – POINT SYSTEM FACTORS
On channels reserved for noncommercial educational use, the
Commission will grant the application of a translator
providing fill-in service over one that extends the area of the
primary station. In the event of conflicting mutually exclusive
applications of the same type (fill-in or non fill-in), however,
the Commission will conduct a paper hearing process by
applying a point system to select one application for grant.
The point system was established in Report and Order,
Reexamination of the Comparative Standards for
Noncommercial Educational Applicants, Docket No. 95-31,
FCC 00-120, 15 FCC Rcd 7386 (2000). The applicant’s
qualification for points is determined as of the closing of the
filing window, assuming the applicant continues to qualify for
all points claimed at the time of selection. Thus, points cannot
be enhanced by changes made after the close of the deadline
for filing of competing applications, but may be reduced by
such changes.

Item 3: State-wide Network: If the Applicant has not
claimed a credit for local diversity in Question 2 above, it
should complete Worksheet 4 to see whether it qualifies for a
2 point credit as a state-wide network. Applicants may not
claim both the state-wide network and local diversity credit.
Both public and private entities can qualify for the state-wide
network credit, provided that they meet the requirements set
out in 47 C.F.R. Section 73.7003(b)(3), which are
incorporated into Worksheet 4. National and regional
networks generally will not qualify for this credit. Applicants
who determine, after completing Worksheet 4, that they
qualify should answer “Yes.” All others should answer “No.”
Applicants claiming points as a state-wide network must place
supporting documentation in their local public inspection file
and submit to the Commission copies of the documentation.
Preferred documentation includes identification of the names,
locations, accrediting bodies, and number of schools which
the applicant is currently serving and those that it will serve,
and an indication of whether the schools are under the
applicant’s jurisdiction or are being served pursuant to a
coordinated agreement with another authority. If the schools
are not under the applicant’s jurisdiction, the applicant should
include documentation of the terms of its agreement with the
entity with authority over the schools.

Item 1: Established Local Applicant. Applicant should
complete Worksheet #3. Established local applicants may
claim 3 points. An applicant is considered established if it has
been local for at least the 24 months immediately preceding
application. A nongovernmental applicant is local if, within
25 miles of the reference coordinates for the proposed
community of license, applicant has a school campus, its
primary physical headquarters, or the primary residences of
75% of its governing board members. A local headquarters or
residence must be a primary place of business or residence
and not, for example, a post office box, lawyer's office, branch
office, or vacation home. Governments are also considered
local throughout the area within their jurisdiction (For
example, a state government is local throughout a state,
whereas a city Board of Education is local throughout the
city). An applicant claiming points as an established local
applicant, must place supporting documentation in a local
public inspection file and submit to the Commission copies of
the documentation. Examples of acceptable documentation
include corporate material from the secretary of state, lists of
names, addresses, and length of residence of board members,
and copies of governing documents requiring a 75% local
governing board, course brochures indicating that classes have
been offered at a local campus for the preceeding two years,
etc.

Item 4: Technical Parameters. An applicant that provides
the best technical proposal among the competing applicants, in
terms of area and population served, may be eligible for
additional points. Applicant should indicate the area and
population within its proposed 60 dBu service contour. Area
must be measured in square kilometers and exclude significant
areas of water, e.g., ocean and lakes. Population should be
measured using the most recent census block data available
from the United States Bureau of Census. If applicant's
claimed coverage is superior to all others in terms of both area
and population by at least 10%, the Commission will award 1
point. If the proposal is superior to all others by at least 25%,
the Commission will instead award 2 points. The applicant
should place in its local public inspection file a statement of
how the technical parameters were calculated, e.g., the year
and blocks of census information used, and the method used
to determine area, including the amount of area excluded for
specific large areas of water. The applicant should submit to
the Commission copies of this information.

Item 2: Diversity of Ownership: If no party to the
application has an attributable interest in another authorized
station with an overlapping principal community contour, the
applicant can claim 2 points. Parties are those people or
entities defined in the Instructions to Section II, Items 6 and 7.
For purposes of this question, only same service stations
(radio or TV) are relevant. For example, an applicant for a
new noncommercial educational FM translator station must
consider whether there are attributable interests in overlapping
radio stations (AM or FM stations and FM translators), but
need not consider any attributable TV station for purposes of
claiming this point. When counting translator stations count
all non-fill-in stations, i.e., those that extend outside the

Tie Breakers

13

If two or more applicants are tied under the point system, the
Commission will apply a series of tie breakers, until the tie is
broken. If the tie cannot be broken by Questions 5 or 6 below
or by voluntary settlement, the Commission will select the
first application received.

PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. Section 3507.

Item 5(a): Existing Authorizations. If mutually exclusive
applicants differ in their number of existing authorizations, the
applicant with the fewest attributable authorizations at the
time of filing will be chosen. Applicant should indicate the
number of attributable radio authorizations held by parties to
the application nationwide.
Include both licenses and
construction permits, whether commercial or noncommercial.
Count all full service AM and FM stations. Count translator
stations providing non-fill-in service (i.e., those extending a
station’s service area). Do not count translators providing fillin only service in determining the number of stations for this
question.
Item 5(b): Indicate the number of other attributable fill-in
authorizations. The Commission will consider this in the
event of a tie between applicants seeking fill-in service.
Item 6: Pending Applications. If a tie remains between
mutually exclusive applicants after considering question 5
(existing authorizations), the Commission will select the
applicant with the fewest pending radio applications at the
time of filing. Applicant should indicate the number of
applications in which parties to the application hold an
attributable interest. Include applications for new stations and
for major changes to existing stations, whether commercial or
noncommercial full service or translator (other than fill-in
station). Do not include other applications (e.g., voluntary
assignment of license, license renewal, minor change in
existing facilities.)

FCC NOTICE TO INDIVIDUALS REQUIRED BY THE
PAPERWORK REDUCTION ACT
We have estimated that each response to this collection of
information will take 1.0 to 1.5 hours. Our estimate includes the
time to read the instructions, look through existing records,
gather and maintain the required data, and actually complete and
review the form or response If you have any comments on this
burden estimate, or on how we can improve the collection and
reduce the burden it causes you, please e-mail them to
[email protected] or send them to the Federal Communications
Commission, AMD-PERM, Paperwork Reduction Project
(3060-0029), Washington, DC 20554. Please DO NOT SEND
COMPLETED APPLICATIONS TO THIS ADDRESS.
Remember - you are not required to respond to a collection of
information sponsored by the Federal government, and the
government may not conduct or sponsor this collection, unless it
displays a currently valid OMB control number or if we fail to
provide you with this notice. This collection has been assigned
an OMB control number of 3060-0029.
THE FOREGOING NOTICE IS REQUIRED BY THE

14

15

WORKSHEET # 1
LOCAL NOTICE CHECKLIST
Applicants must certify that they have complied with Section 73.3580 regarding publication of local notice of the subject
application. This worksheet may be used in responding to Section 11, Item 10 of FCC Form 349.
1. Newspaper notice.

Dates of publication:

(a)

(i)

''immediately'' after tender of the application?

Daily or weekly or biweekly newspaper published in or having circulation in the community?

(b)

Yes

No

Yes

No

Yes

No

(i) If yes, public notice must appear at least one time.
(c)

No such daily or biweekly newspaper published in community?
(i) If yes, notice must be provided to the general public in some other appropriate means, such as

posting in the local post office or other public place.
2.

Text: does the announcement contain the following information?
(a)

Applicant name(s)

Yes

No

(b)

Community to be served by station

Yes

No

(c)

Location of transmitter site

Yes

No

(d)

Purpose of application

Yes

No

(e)

Date on which application was filed

Yes

No

(f)

Output channel on which station proposed to operate

Yes

No

(g)

Statement that the station will be engaged in rebroadcasting

Yes

No

(h)

Call sign, location, and channel of station rebroadcast

Yes

No

Yes

No

For major amendments or changes in facilities
(i)

Nature of the amendment or changes sought

FCC 349 Worksheet 1

WORKSHEET #2:
ENVIRONMENTAL
All applicants can use the General Environmental Worksheet. Some, but not all, applicants for AM and FM facilities will also be
able to use the RF worksheets. Generally, an AM or FM applicant can use the RF worksheets if. (1) it is the only user on its tower;
(2) its station is one of several FM/FM translator stations located on a single tower; or (3) its station uses a multiple-tower AM array
but no other user is co-located within the array. Additionally, the RF worksheets can be used in regard to an AM station only if
access to the AM station is restricted by use of a fence or other barrier that will preclude casual or inadvertent access to the site and
warning signs are posted at appropriate intervals describing the potential for RF exposure.
If an applicant cannot use the RF worksheets, it may show its compliance with RF guidelines in other ways, as detailed in OET
Bulletin 65.
If the worksheets indicate that an applicant exceeds acceptable RF levels, it does not necessarily mean that the proposed station does
not or cannot meet the Commission's RF requirements. The worksheets are based on generalized ''worst case'' presumptions. It may
be that a more individualized evaluation of the proposed station (possibly with the help of a consulting engineer) will demonstrate
that RF levels are acceptable. Among the individual factors that may be relevant are antenna radiation patterns, actual RF
measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin 65.
Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation
demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R.
Section 1. 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 III.

FCC 349 Worksheet 2

B. RF EXPOSURE COMPLIANCE WORKSHEET/INSTRUCTIONS
Who may use these worksheets?
1.

A directional AM station (i.e., one using a multiple tower array) that does not share its towers with any other non-excluded RF
sources (including, but not limited to, FM or TV transmitting antennas) and is located more than 315 meters (1,034 feet) from
any other tower or non-excluded RF radiation sources; or

2.

A non-directional AM station located on a single-use tower more than 315 meters (1,034 feet) from any other tower or other
non-excluded RF radiation sources; or

3.

An FM station on a single tower that may or may not support other FM stations (including FM translators and boosters) and
that is more than 315 meters (1,034 feet) from any other tower or other non-excluded RF sources.

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 315
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;

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 3 15 meter radius is higher than the level of the terrain at the base of the tower (Note: Sites with transmitter buildings
at the base of the tower are considered ''eligible'' provided that procedures are established in accordance with the methods
described in OET Bulletin 65 to protect persons with access to such buildings from RF exposure in excess of the FCC-adopted
limits.); or

6.

AM towers where access is not restricted by fencing or other barrier that preclude casual or inadvertent access to the site and
warning signs are not included at appropriate intervals describing the potential for RF exposure.

The above categories have been excluded from the RF worksheets not because of a propensity to cause excessive RF
radiation, but because a determination of their compliance involves more complex calculations and measurements. If you are
not eligible to use the RF worksheets, or elect not to use them, before reaching a determination with respect to your facilities you
should review OET Bulletin 65 and Supplement A in order to properly evaluate your facility for compliance with the RF
guidelines. The bulletin provides information and assistance on the RF guidelines, prediction methods, measurement procedures and
instrumentation, methods for controlling exposure, and reference material. It will instruct the applicant on the type of data which
may demonstrate compliance with the Commission's RF guidelines in support of your response. If you continue to have trouble
evaluating your site after consulting the Bulletin, you may want to seek the assistance of a qualified consulting engineer in
determining whether these facilities meet the FCC RF exposure guidelines.

FCC 349 Worksheet 2 (Page 2)

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 #1A - Multiple FM User Tower
Worksheet #2 - AM
Worksheet #2A - Multiple Tower AM array
AM Fence Distance Tables
FM Contributors:

a. Single Use FM or FM translator tower - Use Worksheet #1 to determine compliance with the FCC RF exposure limits.
b. Multiple-use FM (including translator & booster) - Use Worksheet #1A for each FM facility on the tower to obtain an
approximate power and antenna height and complete Worksheet #1 as above.

AM Contributors:

a. Single Tower Site - Use Worksheet #2 to determine if the distance to the fence or other restrictive barrier provides adequate
protection to the general public pursuant to FCC guidelines.
b. Multiple Tower Site - Use Worksheet #2 for each tower in the array to determine if each tower is adequately distanced from
the fence (or other restrictive barrier). This determination may be made by either of the following methods:
i. a ''worst case'' prediction could be made by assuming that all transmitted power is radiated from each tower. Use Worksheet #2A
to list the power and fence distance for each tower. Then, use Worksheet tC for each tower to determine compliance with the FCC
guidelines for the single tower.
ii. use the actual transmitted power of each tower. Use Worksheet #2A to list transmitted powers and restriction distances for each
tower. Then, use Worksheet #2 for each tower to determine compliance with the FCC guidelines for the single tower.
If any single tower is not adequately distanced from the fence or restrictive barrier, you may not continue to use these
worksheets.

FCC 349 Worksheet 2 (Page 3)

CAUTION: Even if you conclude from the use of these worksheets that human exposure to RF electromagnetic fields is
consistent with our guidelines, be aware that each site user must also meet requirements with respect to ''on-tower'' or other
exposure by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These
requirements include, but are not limited to the reduction or cessation of transmitter power when persons have access to the site,
tower, or antenna. Such procedures must be coordinated among all tower users.
See OET Bulletin 65 for further details.

FCC 349 Worksheet 2 (Page 4)

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 I 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 9 (check one)

m (1)
Yes

No (2)

If line 2 is ''yes,'' enter the building height measured at the base of the antenna
If line 2 is ''no,'' enter ''O" in line 3
Subtract line (3) from line (1)
Subtract the value 2.0 from line (4)

m (3)
m (4)
rn (5)

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 1A

kW (8)

PERCENTAGE OF FCC RF LIMIT(S) FOR MAXIMUM PERMISSIBLE EXPOSURE
(9)
(10)
(11)
(12)

Multiply Line (8) by 33.41

Multiply the value listed in line (5) by itself
Divide Line (9) by Line (10)
Multiply Line (11) by (100 )

%

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

Yes

No (13)

IF YOU ANSWERED ''YES'' IN LINE (13), THE WORKSHEETS MAY NOT BE USED IN THIS CASE.*
IF YOU ANSWERED ''NO'' IN LINE (13), THEN THE SITE SHOULD COMPLY WITH THE FCC'S CONTROLLED/
OCCUPATIONAL RF EXPOSURE LIMITS FOR GROUND LEVEL EXPOSURE. #
CONTINUE
* In this case, you may need to prepare an Environmental Assessment. See Instructions for Section III-A, Item 15 of FCC
Form 349.

FCC 349 Worksheet 2 (Page 5)

RF WORKSHEET #1 - FM (continued)
DETERMINATION OF COMPLIANCE WITH THE UNCONTROLLED/GENERAL POPULATION LIMIT
Does Line (12) exceed 20%

Yes

No

(14)

IF YOU ANSWERED ''NO'' IN LINE (14), THEN THE SITE SHOULD COMPLY WITH THE FCC'S
UNCONTROLLED/ GENERAL POPULATION RF EXPOSURE LIMITS FOR GROUND LEVEL EXPOSURE. NO
FURTHER STUDY REQUIRED.
IF YOU ANSWERED ''YES'' IN LINE (14), CONTINUE.

Rooftop with restricted access.
If you answered ''yes'' in Line (14) and ''yes'' in Line (2) (indicating that the tower is located on the roof of a building), and the
general public is not allowed access to the rooftop level, repeat lines 5 through 12, entering the value in Line (1) directly in Line (4).
(If Multiple FM Use Tower, recalculations should be in accordance with instructions on Worksheet #1A.) Otherwise, go to the next
section.
Upon recalculation, Does Line (12) exceed 20%

Yes

No

(15)

IF YOU ANSWERED ''YES'' IN LINE (15), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. *
IF YOU ANSWERED ''NO'' IN LINE (15), THEN THE AREA AT GROUND LEVEL SHOULD COMPLY WITH THE
FCC'S UNCONTROLLED/GENERAL POPULATION EXPOSURE LIMIT. NO FURTHER STUDY REQUIRED.

Access to base of tower restricted by fencing.
If the tower is not located on the roof of a building, is the base of the tower
surrounded by fencing or other restrictive barrier and are appropriate warning
signs posted on the fence that adequately detail the nature of the RF exposure
environment contained therein?

Yes

No

(16)

IF YOU ANSWERED ''NO'' IN LINE (16), THE WORKSHEETS MAY NOT BE USED IN THIS CASE. *
If you answered ''yes'' in line (16), what is the distance from the base of the
m (17)
(18)
(19)
m (20)

Multiply Line (9) (as calculated previously) by 5
Subtract Line (10) (as calculated previously) from Line (18)

Take the square root of Line (19)
Is Line (20) less than or equal to Line (17)

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. See Instructions for Section III-C, Item 15 of FCC
Form 349.

FCC 349 Worksheet 2 (Page 6)

RF WORKSHEET #1A - Multiple FM User Tower

The procedure below will allow for a ''worst-case'' determination to be made in situations where several FM stations share a
common tower. This determination is based upon the "worst case" assumption that all RF energy is emanating from a single antenna
located at the same height (i.e. antenna center of radiation above ground level) as the lowest user on the tower.
Complete this sheet for all call signs.

For each call sign, the total of the Horizontal and the Vertical ERP's must be used. If ''beam tilt'' is utilized, list maximum values.

COLUMN 1

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

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts

meters

kilowatts
rn (1)
kW

The value listed in line (1) above must be used in line (1) on Worksheet 1.
The value listed in line (2) above must be used in line (8) on Worksheet 2.
Now complete worksheet 1 (except for lines 6 and 7).

FCC 349 Worksheet 2 (Page 7)

WORKSHEET #3 ESTABLISHED LOCAL APPLICANT (Section IV, Question 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

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

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

c.

d.

*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
1(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 349 Worksheet 3

WORKSHEET #3 ESTABLISHED LOCAL APPLICANT (Section IV, Question 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

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

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

c.

d.

*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
1(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 349 Worksheet 3

WORKSHEET #4
STATE-WIDE NETWORKS (Section IV, Question 3).
1.

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

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

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.

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?

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 349 Worksheet 4

WORKSHEET # 5
TECHNICAL PARAMETERS (Section IV, Question 4)
The applicant can use this worksheet to determine the area covered by its proposal. For major modifications of existing stations
report the proposed increase in area over that already authorized. For new stations report the proposed area to be covered by the new
station.
1.

Major Modification Applicants:
a

Total area to be served by station's 60 dBu (FM) or Grade B (TV) standard predicted
contour after proposed modification

sq. kilometers

b.

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

sq. kilometers

c.

Subtract common area already served by station's existing 60 dBu (FNI) or Grade B
(TV) standard predicted contour

sq. kilometers

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

b.

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

sq. kilometers

c.

Equals Area to be served by new station

sq. kilometers

sq. kilometers

The amount of new area in (2)(c) above should be reported in Section IV, question 4 of Form 349. Also calculate the
population in that new area using the centroid method based on the most recent census block data from the U.S. Bureau of
Census.

FCC 349 Worksheet 5

Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0029

FCC 349
APPLICATION FOR AUTHORITY TO
CONSTRUCT OR MAKE CHANGES
IN AN FM TRANSLATOR OR FM
BOOSTER STATION

FOR
FCC
USE
ONLY

FOR COMMISSION USE ONLY
FILE NO.

Section I - General Information
1.

Legal Name of the Applicant

Mailing Address

2.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

FCC Registration Number

Facility ID Number

Contact Representative (if other than licensee/permittee)

Firm or Company Name

ZIP Code

Mailing Address

3.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1. I 1 14):
Governmental Entity

4.

ZIP Code

Noncommercial Educational Licensee

Other

Facility information:
a.
b.

FM Translator

FM Booster

Community or communities to which the proposed facility will be licensed:
Community(ies)

State

FCC Form 349

5.

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:
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.

FCC Form 349 (Page 2)

Not applicable
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. See General Instruction J.
Section II - Legal
1.

Certification. Applicant certifies that it has answered each question in this application
based on its review of the application instructions and worksheets. Applicant further
certifies that where it has made an affirmative certification below, this certification
constitutes its representation that the application satisfies each of the pertinent standards
and criteria set forth in the application instructions and worksheets.

2.

Applicant is:

Yes

No

an individual

a general partnership

a for-profit corporation

a limited partnership

a not-for-profit corporation

a limited liability company (LLC/LC)
other

3.

a.

If ''other,'' describe nature of applicant in an Exhibit.

a.

Applicant certifies that it is not the licensee or permittee of the commercial primary
station being rebroadcast and that neither it nor any parties to the application have
any interest in or connection with the commercial primary station being rebroadcast?
See 47 C.F.R. Section 74.1232(d).

b.

Applicant certifies that the FM translator's (a) coverage contour does not extend
beyond the protected contour of the commercial FM primary station to be
rebroadcast, or (b) entire 60 dBu contour is contained within the lesser of: (i) the 2
mV/m daytime contour of the AM primary station to be rebroadcast, or (ii) a 25-mile
radius centered at the AM primary station's transmitter site.

Exhibit No.

Yes

No

See Explanation

in Exhibit No.
N/A

Yes

No

See Explanation

in Exhibit No.
N/A

NOTE: If No to a. and b., and no waiver has been requested in an Exhibit, this
application is unacceptable for filing. See 47 C.F.R. Section 74.1232(d).
If No to a. and Yes to b. applicant is prohibited from receiving any support, before or after
construction, either directly or indirectly from the commercial primary station being
rebroadcast or from any person or entity having any interest whatsoever, or any connection
with the primary FM station. Interested and connected parties include group owners,
corporate parents, shareholders, officers, directors, employees, general and limited
partners, family members and business associates. See 47 C.F.R. Section 74.1232(e).
4.

5.

6.

The applicant, if for a commercial FM translator station with a coverage contour extending
beyond the protected contour of the commercial primary station being rebroadcast, certifies
that it has not received any support, before or after constructing, directly or indirectly, from
the licensee/permittee of the primary station or any person with an interest in or connection
with the licensee or permittee of the primary station, except for technical assistance as
provided for under 47 C.F.R. Section 74.1232(e).
For applicants proposing translator rebroadcasts that are not the licensee of the primary
station, the applicant certifies that written authority has been obtained from the licensee of
the station whose programs are to be retransmitted. If No, this application is unacceptable
for filing.

Yes

No

in Exhibit No.
N/A

Yes

No

Yes

No

Character Issues. Applicant certifies that neither applicant nor any party to the application
has or has had any interest in. or connection with:
a.

any broadcast application in any proceeding where character issues were left
unresolved or were resolved adversely against the applicant or party to the

See Explanation

N/A

See Explanation

in Exhibit No.

application; or
b.

any pending broadcast application in which character issues have been raised.
FCC Form 349 (Page 3)

7.

Adverse Findings. Applicant certifies that, with respect to the applicant, any party to the
application, and any non-party equity owner in the applicant, no adverse finding has been
made, nor has an adverse final action been taken by any court or administrative body in a
civil or criminal proceeding brought under the provisions of any law related to the
following: any felony; mass media-related antitrust or unfair competition; fraudulent
statements to another governmental unit; or discrimination.

Yes

No

See Explanation
in Exhibit No.

See Explanation
in Exhibit No.

If the answer is ''No,'' attach as an Exhibit a full disclosure concerning the persons and
matters involved, including an identification of the court or administrative body and the
proceeding (by dates and file numbers), and a description of the disposition of the matter.
Where the requisite information has been earlier disclosed in connection with another
application or as required by 47 C.F.R. Section 1.65, the applicant need only provide: (i)
an identification of that previous submission by reference to the file number in the case of
an application, the call letters of the station regarding which the application or Section 1.65
information was filed, and the date of filing; and (ii) the disposition of the previously
reported matter.
8.

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

Yes

No

9.

Program Service Certification. Applicant certifies that it is cognizant of and will comply
with its obligations as a Commission licensee to present a program service responsive to
the issues of public concern facing the station's community of license and service area.

Yes

No

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

Yes

No

Yes

No

47 C.F.R. Section 73.3580.
11.

Auction Authorization. If the application is being submitted to obtain a construction
permit for which the applicant was the winning bidder in an auction, then the applicant
certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit
containing the information required by 47 C.F.R. Sections 1.2107(d), 1.21 1 0(i), 1.2112(a)
and 1.2112(b), if applicable.

N/A

Exhibit No.

An exhibit is required unless this question is inapplicable.
12.

Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any
party to the application is subject to denial of federal benefits pursuant to Section 5301 of
the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.

Yes

No

13.

Equal Employment Opportunity (EEO). If the applicant proposes to employ five or
more full-time employees, applicant certifies that it is filing simultaneously with this
application a Model EEO Program Report on FCC Form 396-A.

Yes

No

N/A

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made
in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any
claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the
same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the
Communications Act of 1934, as amended.)
Typed or Printed Name of Person Signing

Typed or Printed Title of Person Signing

Signature

Date

FCC Form 349 (Page 4)

SECTION III PREPARER'S CERTIFICATION
I certify that I have prepared Section III (Engineering Data) on behalf of the applicant, and that after such preparation, I have
examined and found it to be accurate and true to the best of my knowledge and belief.
Name

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

Signature

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 I 00 1), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S.
CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

FCC Form 349 (Page 5)

Section III-A - Engineering
TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this
application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.

TECH BOX
1.

Channel:

2.

Primary Station: Facility ID Number

3.

Delivery Method:
Off-air

4.

5.

Call Sign

City

State

Satellite

Microwave

Via

Other

Antenna Location Coordinates: (NAD 27)

°

'

"

°

'

"

N

S Latitude

E

W Longitude

Antenna Structure Registration Number:
Not applicable

FAA Notification Filed with FAA

6.

Antenna Location Site Elevation Above Mean Sea Level:

meters

7.

Overall Tower Height Above Ground Level: Height of

meters

8.

Radiation Center Above Ground Level:

meters (H)

meters (V)

9.

Effective Radiated Power:

kW (H)

kW (V)

10.

Transmitting Antenna:
Directional ''Off-the-shelf''

Nondirectional

Model

Manufacturer

°

Rotation:

Degree

Directional composite

Value

Degree

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

Additional

Azimuths

FCC Form 349 (Page 6)

Value

11.

For FM Boosters and Fill-in translators only.
a.

FM Fill-in translators. Applicant certifies that the FM translator's (a) coverage
contour does not extend beyond the protected contour of the commercial FM primary
station to be rebroadcast, or (b) entire 60 dBu contour is contained within the lesser of:
(i) the 2 mV/m daytime contour of the AM primary station to be rebroadcast, or (ii) a
25-mile radius centered at the AM primary station's transmitter site.

b.

FM Boosters. Applicant certifies that the FM Booster station's service contour is
entirely within the primary station's protected coverage contour.

Yes

No

See Explanation
in Exhibit No.

No

See Explanation
in Exhibit No.

N/A

Yes
N/A

12. Inteference. The proposed facility complies with all of the following applicable rule

Yes

No

See Explanation
in Exhibit No.

sections. Check all that apply.
Overlap Requirements.
a.

47 C.F.R. Section 74.1204.
Exhibit Required.

Exhibit No.

Television Channel 6 Protection.
b.

47 C.F.R. Section 74.1205 with respect to
station(s):
Exhibit Required.

Exhibit No.

13.

Unattended operation. Applicant certifies that unattended operation is not proposed, or
if this application proposes unattended operation, the applicant certifies that it will
comply with the requirements of 47 C.F.R. Section 74.1234.

Yes

No

See Explanation
in Exhibit No.

14.

Multiple Translators. Applicant certifies that it does not have any interest in an
application or an authorization for an FM translator station that serves substantially the
same area and rebroadcasts the same signal as the proposed FM translator station.

Yes

No

See Explanation
in Exhibit No.

15.

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

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.
PREPARER'S CERTIFICATION ON PAGE 4 MUST BE COMPLETED AND
SIGNED

FCC Form 349 (Page 7)

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

Preliminary Matter: Does this application provide fill-in service only?
1.

2.

3.

4.

Established Local Applicant: Applicant certifies that for at least the 24 months
immediately prior to application, and continuing through the present, it qualifies as a
local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents
require that such localism be maintained, and that it has placed documentation of its
qualifications as an established local applicant in a local public inspection file and has
submitted to the Commission copies of the documentation.
Diversity of Ownership: Applicant certifies that the principal community (city grade)
contour of the proposed station does not overlap the principal community contour of any
other authorized radio station (including AM, FM, and non-fill-in FM translator stations,
commercial or noncommercial) in which any party to the application has an attributable
interest as defined in 47 C.F.R. Section 73.3555, that its governing documents require
that such diversity be maintained, and that it has placed documentation of its diversity
qualifications in a local public inspection file and has submitted to the Commission copies
of the documentation.
State-wide Network: Applicant certifies that (a) it has NOT claimed a credit for diversity
of ownership above; (b) it is one of the three specific types of organizations described in
47 C.F.R. Section 73.7003(b)(3); and (c) it has placed documentation of its qualifications
in a local public inspection file and has submitted to the Commission copies of the
documentation.
Technical Parameters: Applicant certifies that the numbers in the boxes below accurately
reflect the new (increased) area and population that its proposal would serve with a 60
dBu signal measured in accordance with the standard predicted contours in 47 C.F.R.
Section 73.313(c) and that it has documented the basis for its calculations in the local
public inspection file and has submitted copies to the Commission. Major modification
applicants should include the area of proposed increase only (exclude the station's
existing service area). (Points, if any, will be determined by FCC)
New (increased) area served in square kilometers (excluding areas of water):
Population served based on the most recent census block data from the United
States

FCC Form 349 (Page 8)

Yes

No

Yes (3 points)

No (0 points)

See Explanation
in Exhibit No.

Yes (2 points)

No (0 points)

See Explanation
in Exhibit No.

Yes (2 points)
See Explanation
in Exhibit No.

Yes

No

No (0 points)

This box is for FCC use only:
0 points.
Technical Points:
1 point. Applicant's proposal covers the largest area and population, and both area and population are 10% greater than next

2 points. Applicant's proposal covers the largest area and population and both area and population are 25% greater than next

POINTS CLAIMED BY APPLICANT (from Questions 1-3)
TECHNICAL POINTS? (from Question 4)
TOTAL POINTS

Tie Breakers
5.

Existing Authorizations. a. By placing a number in the box, the applicant certifies that it and any persons and organizations
with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, existing
authorizations for the following number of relevant broadcast stations. FM translator applicants should count all attributable
full service radio stations, AM and FM, commercial and noncommercial and FM translator stations other than fill-in stations.
(number of attributable commercial and noncommercial licenses and construction permits)
b. (Fill-in Applicants Only.) By placing a number in the box, the applicant certifies that, in addition to the station identified in
5(a), it and any persons and organization s with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555
have, as of the date of filing, existing authorizations for the following number of FM translators.

6.

Pending Applications. a. By placing a number in the box, the applicant certifies that it and any persons and organizations with
attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555 have, as of the date of filing, pending applications
for new or major changes to the following number of relevant broadcast stations. FM translator applicants should count all
attributable full service radio stations, AM and FM, commercial and noncommercial and FM translator stations other than
fill-in stations.
(number of pending commercial and noncommercial applications)
b. (Fill-in Applicants Only.) By placing a number in the box, the applicant certifies that, in addition to the station identified in
5(a), it and any persons and organization s with attributable interests in the applicant pursuant to 47 C.F.R. Section 73.3555
have, as of the date of filing, existing authorizations for the following number of FM translators.

Section VI -- Certification
I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made
in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any
claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the
same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the
Communications Act of 1934, as amended.)
Typed or Printed Name of Person Signing

Typed or Printed Title of Person Signing

Signature

Date

FCC Form 349 (Page 9)