Form FCC Form 318 FCC Form 318 Application for Construction Permit for a Low Power FM B

Federal Communications Commission
Washington, D.C. 20554

Not Yet Approved by OMB
3060-0920

INSTRUCTIONS FOR FCC FORM 318
APPLICATION FOR CONSTRUCTION PERMIT
FOR A LOW POWER FM BROADCAST STATION
GENERAL INSTRUCTIONS

(1) Part 0
"Commission Organization"
(2) Part 1 "Practice and Procedure"
(3) Part 73 "Radio Broadcast Services"

Introduction
A. This form, together with the associated instructions and
worksheets, are designed to provide you with sufficient
information to fully and accurately complete an
application for a construction permit for a low power FM
(LPFM) station. Ultimately, however, if you are awarded
a construction permit and license for a new LPFM station,
you will be required to know and comply with all of the
Commission’s rules and policies applicable to the LPFM
service.

Copies of the Commission’s rules may be purchased from
the Government Printing Office. Current prices may be
obtained from the GPO Customer Service Desk at (202)
512-1803. For payment by credit card, call (202) 5121800, M-F, 8 a.m. to 4 p.m. e.s.t; facsimile orders may be
placed by dialing (202) 518-2233, 24 hours a day.
Payment by check may be made to the Superintendent of
Documents, Attn: New Orders, P.O. Box 371954,
Pittsburgh, PA 15250-7954.

B. FCC Form 318 is used to apply for authority to construct a
new LPFM broadcast station, to make changes in an
authorized LPFM broadcast station, or to amend a pending
Form 318 application. This application for a construction
permit is the first step in the licensing process. Following
completion of station construction you must file a separate
application for an FCC license, FCC Form 319.
Applications for new stations and major change proposals
must be filed during a window filing period announced by
the Commission in a public notice. All proposals for minor
changes to LPFM authorizations are also to be filed on this
form. See 47 C.F.R. Section 73.870. The application
consists of the following sections:

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

I.
II.
III.
IV.
V.

General Information
Legal Information
Point System Factors
Certification
LPFM
Engineering
Data
and
Preparer’s
Certification (for preparer of engineering sections of
the application)

All applicants must complete Sections I, II, IV, and V. In
Section II, however, applicants for major and minor
changes in authorized stations need fill out only
Questions 1, 4, 6, 7, and 9.

D.

Electronic Filing of Application Forms. Applicants
must file Form 318 electronically. The Commission has
developed an electronic version of this form that is
available on the Commission’s Web site. Each applicant
filing electronically will benefit from “error checks” in
the Form 318 computer software and obtain immediate
confirmation of the receipt of its application by the
Commission. The electronic version of this form can be
accessed through the Consolidated Database System
(CDBS) online electronic forms filing system, located at
the
following
site:
https://licensing.fcc.gov/prod/cdbs/forms/prod/cdbs_ef
.htm. Electronic filing instructions are available in the
CDBS User’s Guide. The Guide can be accessed from
the MB web site, above, by clicking on the “Go to CDBS
User’s Guide” link. Applicants may find it useful to
download and print a copy of the Guide for easy
reference during application preparation.

C. This form makes many references to the Commission’s
rules. Applicants should have on hand and be familiar with
current broadcast rules in Title 47 of the Code of Federal
Regulations (C.F.R.):

All previous edition obsolete.

FCC 318 Instructions
Not Yet Released

Not Yet Approved by OMB
E. Electronic or Paper Filing of Amendments.
Amendments to previously filed applications should be
prepared, signed, and filed in the same manner as the
original application, and should contain the following
information to identify the associated application:

exhibit can be submitted will not cause the immediate
dismissal of the application, provided that an appropriate
exhibit is completed. However, the application includes
several certifications for which an explanatory exhibit
cannot be submitted. These include Section II, Question 1
(Certification), Question 2 (Eligibility), Question 4
(Community-Based Criteria) and Question 8 (Unlicensed
Operation). An applicant’s failure to respond “Yes” to
at least one certification contained in each of these
questions will result in the return of its application with
no opportunity to file a curative amendment.

(1) Applicant’s name;
(2) Call letters, or specify “NEW”;
(3) Proposed channel number;
(4) Proposed station location;
(5) File number of application being amended (if
known); and
(6) Date of filing of application being amended (if file
number is unknown).
F.

J.

Defective Applications. Applicants should provide all
information requested by this application. If any portions
of the application are not applicable, the applicant should so
state. Defective or incomplete applications will be
returned without consideration.
If the FCC
inadvertently accepts a defective or incomplete application,
that application may be dismissed. See 47 C.F.R. Section
73.3564(b).

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

SECTION I: GENERAL INFORMATION
A. Question 1: Applicant Name, etc. The name of the
applicant stated in Question 1 shall be the exact name of
the agency, board, institution, organization, corporation,
association or governmental entity seeking the
authorization. Do not list the name of an individual.
Individuals are not eligible for LPFM licenses. The name
of the applicant must be stated exactly in Question 1. In
all other sections of this form, an abbreviated name can
be used to identify the applicant.

Certifications
H. This application requires applicants to certify compliance
with various statutory and regulatory requirements.
Detailed instructions and three worksheets provide
additional information regarding Commission rules and
policies. These materials are designed to track the
standards and criteria which the Commission applies to
determine compliance and to increase the reliability of
applicant certifications.
I.

The applicant or the applicant’s authorized legal
representative, if any, must sign the application.
Depending on the nature of the applicant, the application
should be signed as follows: if a corporation, by an
officer; if an unincorporated association, by a member
who is an officer (for an unincorporated educational
institution, this could be a school superintendent, officer
of the school board, or a university officer); if a
governmental entity, by such duly elected or appointed
official as is competent under the laws of the particular
jurisdiction. Counsel may sign the application for his or
her client, but only in cases of the applicant's disability or
absence from the United States. If the application is filed
electronically, the signature will consist of the electronic
equivalent of the typed name of the individual.

State Abbreviation
Applicants should use only those State abbreviations
approved by the U.S. Postal Service.

This application is presented primarily in a "Yes/No"
certification format. However, it contains places for
submitting explanations and exhibits where necessary or
appropriate. Each certification, explanation and exhibit
constitutes a material representation. Applicants may only
mark the "Yes" certification when they are certain that the
response is correct. A "No" response is required if the
applicant is requesting a waiver of a pertinent rule and/or
policy, or where the applicant is uncertain that the
application fully satisfies the pertinent rule and/or policy.
A "No" response to a certification question for which an

Facility ID Number
The FCC assigns a unique facility identification number
to all authorized broadcast stations.
New station
applicants should leave this box blank. Applicants for
minor or major changes can obtain facility ID numbers
for their authorized LPFM stations at the Commission’s
World
Wide
Web
site
at
http://licensing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_p

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a.htm. You can also obtain your facility ID number by
calling (202) 418-2700. Further, the facility ID number is
included on all Commission authorizations and postcards.

is not necessary that the proposed station’s programming
be exclusively or even primarily educational in nature.
Individuals cannot qualify as organizational applicants.
A nonprofit educational organization can be a public
entity (such as a governmental agency) or a private,
nonprofit entity which operates a bona fide, full-time
school in the community where it proposes to operate.
Under the Commission’s standards, these organizations
generally are presumed to have an educational purpose,
and need only demonstrate how their proposed station
programming will be used to advance their educational
purpose. Applicants should provide detailed descriptions
of the nature of their proposed station programming and,
if possible, program schedules. Applicants accredited by
State departments of education or recognized by regional
and/or national accrediting organizations should identify
the accrediting entities. Applicants also must submit
complete copies of the documents establishing their
nonprofit status, such as corporate charters or articles or
incorporation. Applicants that fail to provide these
materials are subject to dismissal.

B. Question 2: Contact Representative. If the applicant is
represented by a representative or agent (for example, legal
counsel), that person's name, firm or company, and
telephone/electronic mail address may be specified here, at
the applicant’s option.
C. Question 3: Application Purpose. This question requires
that the applicant identify the purpose of the application
and provide certain information for the facilities proposed
in the FCC Form 318. Applicants for a new LPFM station
should check “New Station.”
Applicants updating
information on a previously filed but not yet granted
application for a new LPFM station should check
“Amendment to pending application.”

SECTION II: LEGAL INFORMATION
A. Question 1: Certification. Each applicant is responsible
for the information that the application instructions and
worksheets convey. The Commission's licensing processes
are premised on the accuracy and reliability of applicant
certifications. Thus, each applicant must carefully review
all instructions and worksheet materials prior to completing
this application.
B.

A nonprofit educational organization also can be a
private, nonprofit entity such as a nonprofit foundation,
corporation or association. Under the Commission’s
standards, these applicants must demonstrate both that
they have an educational purpose and how their proposed
station programming will be used to advance that
purpose. Applicants should provide detailed descriptions
of the nature of their proposed station programming and,
if possible, program schedules. Applicants also must
submit complete copies of the documents establishing
their nonprofit status, such as corporate charters or
articles of incorporation. Applicants that fail to provide
these materials are subject to dismissal.

Question 2: Eligibility. Applicants for new LPFM
stations must certify their eligibility to own and operate
an LPFM station under Commission rules and
regulations. Each applicant must check one “Yes” box
for this question and must check “No” for the other three
boxes. An applicant must submit an explanatory exhibit
in connection with its Question 2 “Yes” response but
should not submit any explanatory exhibits in connection
with its Question 2 “No” responses.

Subsection 2(b): Tribes and Tribal Organizations. A
Tribe is any Indian or Alaska Native tribe, band, nation,
pueblo, village or community which is recognized by the
federal government. A Tribal organization is a private
nonprofit entity such as a nonprofit foundation,
corporation or association that is 51 percent or more
owned or controlled by a Tribe or Tribes. Applicants
should provide a detailed description of the
noncommercial nature of their proposed station
programming and, if possible, program schedules.
Applicants that are Tribal organizations should explain
which Tribe or Tribes own or control them. Applicants
that are Tribal organizations – incorporated or
unincorporated – also must submit complete copies of the
documents establishing their nonprofit status, such as
corporate charters or articles of incorporation. Applicants
that fail to provide these materials are subject to
dismissal.

Subsection
2(a):
Nonprofit
Educational
Organizations. An applicant may be eligible for an
LPFM station authorization under Section 73.503 of the
Commission’s rules, which provides that “a
noncommercial educational FM broadcast station will be
licensed only to a nonprofit educational organization and
upon showing that the station will be used for the
advancement of an educational program.” The three
basic NCE eligibility requirements are: (1) nonprofit
organization; (2) an educational goal or purpose; and (3)
use of station programming to further that educational
purpose. In considering these requirements, emphasis is
placed on proposed station programs which are clearly
educational in nature, i.e., actually involve teaching or
instruction, whether for formal credit or not. However, it

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indirectly, in the management or operation of the mediarelated activities of the partnership, and the applicant so
certifies in response to subsection b of Question 3.
Sufficient insulation of a limited partner for purposes of
this certification is assured if the limited partnership
agreement:

Subsection 2(c): Consortium. Consortium comprised
solely of nonprofit educational organizations, Tribes
and/or Tribal organizations.
Subsection 2(d): Public Safety Radio Service. State
and local governments and non-government entities may
be eligible for an LPFM station authorization because
they propose to provide public safety radio services under
Section 309(j)(2)(A) of the Communications Act of 1934,
as amended, 47 U.S.C. Section 309(j)(2)(A). In order to
qualify under this provision, an applicant must not be
organized for profit, must use the proposed LPFM station
for public safety radio services to protect the safety of
life, health, or property, and the services must not be
made commercially available to the public. 47 U.S.C.
Section 309(j)(2)(A); see also 47 C.F.R. Sections 90.17,
90.23, and 90.27. Applicants that are non-government
entities – incorporated or unincorporated – must submit
complete copies of the documents establishing their
nonprofit status, such as corporate charters or articles of
incorporation. Applicants that fail to provide these
materials are subject to dismissal.
C. Question 3: Parties to the Application. This question is
designed to identify all individuals who may be subject to
various FCC ownership rules and related statutory
restrictions. Specifically, as used in this application, the
term "party to the application" includes any individual or
entity whose ownership or positional interest in the
applicant is “attributable.” An “attributable interest” is an
ownership interest in or in relation to an applicant or
licensee which will give its holder that degree of influence
or control over the applicant or licensee sufficient to
implicate the Commission's multiple ownership rules. The
Commission’s policies and standards for attribution are
set forth below. You will be answering questions about
those individuals and entities listed in response to
Question 3 when you respond to various other questions.

(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.

Non-Stock Corporations or Other Non Stock Entities
The applicant, the parent and subsidiary entities of the
applicant, and the officers, directors, and governing board
members of the applicant and its parent and subsidiary
entities are considered to be parties to the application,
with the exceptions provided by 47 C.F.R. Section
73.858, which are set forth below.

Notwithstanding conformance of the partnership agreement
to these criteria, however, the requisite certification cannot
be made if the applicant has actual knowledge of a material
involvement of a limited partner in the management or
operation of the media-related businesses of the
partnership. In the event that the applicant cannot certify as
to the noninvolvement of a limited partner, the limited
partner will be considered as a party to this application.

Partnerships and Limited Partnerships
Partners and non-insulated limited partners are considered
to be parties to the application. A limited partner in a
limited partnership is considered to be insulated if the
limited partner is not materially involved, directly or

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Limited Liability Companies

and outstanding voting stock of the applicant. For
example, where Corporation X owns stock accounting
for 25% of the applicant's votes, only Corporation X
shareholders holding 20 percent or more of the issued
and outstanding voting stock of Corporation X have a
5% or more indirect interest in the applicant (.25 x .20
= .05) and, therefore, are considered parties to this
application. In applying the multiplier, any entity
holding more than 50% of its subsidiary will be
considered a 100% owner. Where the 5% stock owner
is a partnership, each general partner and any limited
partner that is non-insulated, regardless of the
partnership interest, is considered a party to the
application.

The Commission treats an LLC as a limited partnership,
each of whose members is considered to be a party to the
application. However, where an LLC member is insulated
in the manner specified above with respect to a limited
partnership and where the relevant state statute authorizing
the LLC permits an LLC member to insulate itself in
accordance with the Commission's criteria, that LLC
member is not considered a party to the application. In
such a case, the applicant should certify "Yes" in response
to Section II, Question 3b.
Stock Corporations
The Commission’s multiple ownership attribution policies
and standards apply to LPFM applicants and licensees
that are stock corporations, with the exceptions provided
by 47 C.F.R. Section 73.858, which are set forth below.
Generally, the applicant, the parent and subsidiary entities
of the applicant, the officers, directors, and governing
board members of the applicant and its parent and
subsidiary entities, and holders of voting stock interests in
the applicant of 5 percent or more are considered to be
parties to the application.
a.

Stock subject to stockholder cooperative voting
agreements accounting for 50% or more of the votes in
a corporate applicant will be treated as if held by a
single entity and any stockholder holding 5% or more
of the stock in that block is considered a party to this
application.
An investment company, insurance company or trust
department of a bank is not considered a party to this
application, and an applicant may properly certify that
such entity's interest is non-attributable, IF its
aggregated holding accounts for less than 20% of the
outstanding votes in the applicant AND IF:

Voting stock interests. Voting stock interests of 5
percent or more of the issued and outstanding voting
stock of the applicant are attributable, unless the
interest is passive in nature, in which case voting
stock interests of 20 percent or more are attributable.
Worksheet 1b entitled “Non-Party Influence Over
Applicant” is provided to help determine whether an
interest is passive in nature for purposes of the
Commission’s attribution policies and standards.
Where the 5 percent stock owner is itself a
corporation, each of its stockholders, directors and
"executive" officers (president, vice-president,
secretary, treasurer or their equivalents) is considered a
party to this application UNLESS the applicant
submits as an exhibit a statement establishing that an
individual director or officer will not exercise authority
or influence in areas that will affect the applicant or the
station. In this statement, the applicant should identify
the individual by name and title, describe the
individual's duties and responsibilities, and explain the
manner in which such individual is insulated from the
corporate applicant and should not be attributed an
interest in the corporate applicant or considered a party
to this application. In addition, a person or entity
holding an ownership interest in the corporate
stockholder of the applicant is considered a party to
this application ONLY IF that interest, when
multiplied by the corporate stockholder's interest in the
applicant, would account for 5% or more of the issued

(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.

b. Non-voting stock and debt interests. Non-voting
stock and debt interests may be attributable under the
Commission’s “equity-debt-plus” (EDP) attribution
standard. Under the EDP standard, the interest held,
aggregating both equity and debt, must exceed 33% of
the total asset value (all equity plus all debt) of the
applicant, a broadcast station licensee, cable television
system, daily newspaper or other media outlet subject
to the Commission's broadcast multiple ownership
rules AND the interest holder must either hold an
attributable interest in a media outlet in the same
market or supply over 15% of the total weekly
broadcast programming hours of the station in which
the interest is held. For example, if a full-power
broadcaster were to invest in an LPFM applicant and
the investment accounted for more than 33 percent of
the LPFM applicant’s total capitalization, the
investment would be attributable and would violate
the cross-ownership prohibition of 47 C.F.R. Section
73.860 of the Commission’s rules, which is discussed

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below in the Instructions to Section II, Question 5.
Similarly, if a director of the same full-power
broadcaster were to act as an officer of the LPFM
applicant, the director would be attributed with both
stations and Section 73.860 would be violated.

the purpose of the national organization with which it
is affiliated. For example, the purpose of raising
awareness of the toxic waste problem in the United
States would not satisfy the distinct local mission
requirement, but the purpose of raising awareness of
the toxic waste problem in a particular local area
would satisfy the distinct local mission requirement.
Applicants applying for LPFM station licenses under
this exception must submit an explanatory exhibit in
response to Question 5b demonstrating how they
meet the above-stated requirements.

Exceptions
Section 73.858 of the Commission’s rules establishes two
exceptions to the above-stated attribution policies and
standards applicable to LPFM station applicants.
Applicants relying on either of these attribution
exceptions should answer question 5b “No” and
provide an explanatory exhibit.
a.

D. Question 4: Community-Based Criteria. Applicants
must certify that they are locally-based to be eligible for
LPFM authorizations. An applicant must check “Yes” to
one of the certifications set forth in Question 4 to be
eligible for an LPFM license. An applicant should not
submit an explanatory exhibit in connection with its
Question 4 “No” responses. To be deemed local for
purposes of the Commission’s rules, an applicant must:

Section 73.858(a). Under this provision, members of
the board of directors of the parent of an LPFM
applicant or licensee may hold otherwise attributable
interests in a broadcast licensee, daily newspaper or
cable television system subject to the Commission’s
multiple ownership rules and not have those interests
attributed to them for purposes of an LPFM station
application, provided that the board members
holding such interests must recuse themselves from
any consideration of matters affecting the LPFM
station. Similarly, an officer or director of an LPFM
applicant or licensee may hold an otherwise
attributable interest in a broadcast licensee, daily
newspaper or cable television system if: (1) the
LPFM applicant or licensee entity is a multi-faceted
organization, such as a university; (2) the duties of
the officer or director are wholly unrelated to the
LPFM station; and (3) the officer or director recuses
himself or herself from consideration of any matters
affecting the LPFM station. The purpose of these
exceptions is to permit an entity, such as a university,
to become a LPFM station licensee, notwithstanding
the fact that certain members of the entity’s board
hold attributable media interests.
Applicants
applying for LPFM station licenses under this
exception must submit an explanatory exhibit in
response to Question 5b identifying the individuals
with otherwise attributable interests.

b. Section 73.858(b). Under this provision a local
chapter of a national organization will not have the
attributable media interests of the national
organization attributed to it, provided that the local
chapter:
(1) is incorporated in its local area
separately from the national organization with which
it is affiliated; and (2) has a distinct local presence
and mission. To satisfy the second element of this
standard, an applicant must demonstrate that it has
significant membership within its local area and that
it has a local purpose that can be distinguished from

(a)

be physically headquartered or have a campus
within 10 miles, for applicants in the top 50 urban
markets, and 20 miles, for applicants outside of the
top 50 urban markets, of the transmitting antenna
site proposed in its Application; or

(b)

have 75 percent of its board members residing
within 10 miles, for applicants in the top 50 urban
markets, and 20 miles, for applicants outside of the
top 50 urban markets, of the transmitting antenna
site proposed in its Application;

(c)

for Tribes or Tribal organizations only, propose to
locate the transmitting antenna of the LPFM station
on that Tribe’s Tribal Lands, if a Tribe is the
applicant, or the Tribal Lands of the Tribe or Tribes
that own or control more than 51 percent of the
organization, if a Tribal organization is the
applicant.

(d)

for public safety radio service applicants only, have
jurisdiction within the service area of the proposed
transmitting antenna site set forth in the application.

E. Question 5: Ownership.
Question 5(a): Ownership of Other LPFM Stations.
The Commission generally prohibits common ownership
of LPFM stations. However, the Commission permits
common ownership of LPFM stations by Tribes or Tribal
organizations in certain circumstances and permits
common ownership of LPFM stations by nonprofit
organizations and governmental entities with a public
safety purpose if certain conditions are met. See 47

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C.F.R. Section 73.855.

decision-making of the applicant. If these issues are
relevant to the applicant you should review
Worksheet 1 to this application.

Question 5(b): Ownership of Other Media Interests.
The Commission permits cross-ownership of LPFM and
FM translator stations.
With one exception, the
Commission otherwise prohibits cross-ownership of an
LPFM station and any other media interest (i.e., a daily
newspaper of general circulation, a cable television
system; or any full power AM or FM radio station, or full
or low power television station). The Commission
permits a Tribe or Tribal organization to hold an
attributable interest in an LPFM station and an AM or FM
radio station. See 47 C.F.R. Section 73.860.

F.

If the applicant (or any party to the application) has an
attributable interest in a broadcast station or other media
outlet that is prohibited under the Commission’s crossownership rule, the applicant (or the party to the
application) must divest the interest prior to the
commencement of operations of the LPFM station. In
such circumstances, the applicant must respond “No” to
the certification required by Question 5b and submit an
explanatory exhibit identifying the broadcast station or
other media outlet in which the applicant (or the party to
the application) holds an attributable interest and setting
forth the applicant’s (or party’s) intention to divest such
interest.

G. Question 7: Adverse Findings. An applicant must
disclose in response to Question 7 whether the applicant or
any party to the application has been the subject of a final
adverse finding with respect to certain relevant nonbroadcast matters. The Commission's character policies
and litigation reporting requirements for broadcast
applicants focus on misconduct which involves a violation
of the Communications Act of 1934, as amended, or a
Commission rule or policy and on the types of non-FCC
misconduct listed in the question 7 certification.

If the applicant (or any party to the application) holds an
attributable interest in an application for an AM, FM, or
full or low power television station, and cross-ownership
of that station and an LPFM station is prohibited under
the Commission’s cross-ownership rule, the applicant
must check “No” and provide an exhibit that includes the
file numbers of the pending applications.

In responding to Question 7, the applicant should consider
any relevant adverse finding that occurred within the past
ten years. Where that adverse finding was fully disclosed
to the Commission in an application filed on behalf of this
applicant or in another broadcast station application and the
Commission, by specific ruling or by subsequent grant of
the application, found the adverse finding not to be
disqualifying, it need not be reported again and the assignee
may respond "Yes" to this question. However, an adverse
finding that has not been reported to the Commission and
considered in connection with a prior application would
require a "No" response.

Question 5(c): Immediate Family Members. The
applicant must certify compliance with the Commission’s
policies relating to the media interests of immediate
family members. Worksheet 1 to this application form is
provided to help applicants determine their compliance
with these Commission policies.
Question 5(d):
Investor Insulation and NonParticipation of Non-Party Investors and Creditors.
This question is only relevant if:
•

the applicant is a limited partnership or a limited
liability corporation that seeks to insulate from
attribution members or partners in accordance with
the Commission’s rules; or

•

the applicant has non-party investors, for example,
creditors, secured parties, or program suppliers, and
these investors have the capacity to influence the

Question 6: Character Issues. Question 6 only applies to
those applicants or parties identified in Question 3 that have
previously applied for a broadcast license. If neither the
applicant nor any party to the application has previously
applied for a license, you should check “Yes.” Specifically,
Question 6 asks an applicant to certify that neither it nor
any party to the application has had any interest in or
connection with an application that was or is the subject of
unresolved character issues.
Where the response to
Question 6 is “No,” the applicant must submit an exhibit
that includes an identification of the party having had the
interest, the call letters and location of the station or file
number of the application or docket, and a description of
the nature of the interests or connection, including relevant
dates. The applicant should also fully explain why the
unresolved character issue is not an impediment to a grant
of this application.

Where the response to Question 7 is "No," the applicant
must provide in an exhibit a full disclosure of the persons
and matters involved, including an identification of the
court or administrative body and the proceeding (by dates
and file numbers), and the disposition of the litigation.
Where the requisite information has been earlier disclosed
in connection with another pending application, or as
required by 47 C.F.R. Section 1.65(c), the applicant need
only provide an identification of that previous submission

7

Not Yet Approved by OMB
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.

LPFM new and/or major change applications are treated as
mutually exclusive where the applications are filed in the
same window and the simultaneous operation of the two
proposed stations would result in one (or both) stations
causing objectionable interference to the other. The
Commission makes this determination on the basis of the
LPFM station-to-station distance separation requirements
set forth at Section 73.807 of the Commission’s rules. This
rule establishes a minimum distance separation between
stations operating on the same frequency (also called cochannel) and also between those stations operating on firstadjacent channels. For example, if an LPFM station
application specifies a frequency of 94.7 MHz, the
Commission will determine whether co-channel proposals
on 94.7 and first-adjacent channel proposals on 94.5 and
94.9 MHz meet the minimum separation requirements of 24
and 14 kilometers, respectively. Applications that do not
meet these minimums will be treated as mutually exclusive.
In these cases, the Commission will use the point system
selection procedure to select one application for grant.

H. Question 8: Unlicensed Operation. Question 8 requires
the applicant to certify, under penalty of perjury, that
neither the applicant nor any party to the application has
engaged in any manner, individually or with other
persons, groups, or organizations, in the unlicensed
operation of any station in violation of Section 301 of the
Communications Act of 1934, as amended, 47 U.S.C.
Section 301.
Applicants checking “No” to Question 8 are ineligible
for a license to operate an LPFM station. In addition,
applicants are warned that submission of false or
misleading statements will subject applicants to fines,
revocation of license, and applicable criminal penalties.
I.

Question 9: Anti-Drug Abuse Act Certification. This
question requires the applicant to certify that neither it nor
any party to the application is subject to denial of federal
benefits pursuant to the Anti-Drug Abuse Act of 1988, 21
U.S.C. Section 862.

Mutually exclusive applications will be awarded a point
or points for each of the four criteria set forth below.
Applicants may claim the point(s) for which they qualify
by certifying “Yes” in response to the question and, in
connection with Question 1 and 4 only, by submitting the
documentation set forth below. The applicant with the
highest point total in its mutually exclusive group will be
the tentative selectee, unless the mutual exclusivity is
resolved by settlement pursuant to 47 C.F.R. Section
73.872(e). For more information, see 47 C.F.R. Section
73.872; Creation of a Low Power Radio Service, Report
and Order, 15 FCC Rcd 2205, 2260-64, at ¶¶ 139-151,
and Creation of a Low Power Radio Service,
Memorandum Opinion and Order on Reconsideration, 15
FCC Rcd 19208, 19246-47, at ¶¶ 97-100 (2000).

Section 5301 of the Anti-Drug Abuse Act of 1988 provides
federal and state court judges the discretion to deny federal
benefits to individuals convicted of offenses consisting of
the distribution or possession of controlled substances.
Federal benefits within the scope of the statute include FCC
authorizations. A "Yes" response to Question 9 constitutes
a certification that neither the applicant nor any party to this
application has been convicted of such an offense or, if it
has, it is not ineligible to receive the authorization sought
by this application because of Section 5301.
With respect to this question only, the term "party to the
application" includes if the applicant is 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.

Applicants may not enhance their comparative position
after the close of the filing window during which they
filed their applications. See 47 C.F.R. 73.871(b). The
Commission will not accept a showing or a comparative
pledge made after the close of such filing window as a
basis for awarding a point or points. For instance, if an
applicant certifies that it does not qualify for a point or
points under one of the point system factors by answering
“No” to one of the questions in Section III, it cannot later
amend its application to respond “Yes” to that question.
This is the case even if the applicant actually would have
qualified for the point or points it is seeking at the time it
filed the application. Similarly, if an applicant certifies
that it qualifies for a point or points under one of the point
system factors but fails to submit the required
documentation prior to the close of the filing window
during which it filed the application, the applicant will not
be awarded a point under that factor and will not be

SECTION III: POINT SYSTEM FACTORS
A. The Commission will use a point system to select among
conflicting, i.e., “mutually exclusive,” LPFM applications
filed in the same window. This section allows applicants
for new LPFM stations and for major changes to existing
LPFM authorizations to claim points under this selection
procedure.

8

Not Yet Approved by OMB
permitted to submit the required documentation in an
amendment.

For Tribes or Tribal organizations lacking Tribal Lands,
the applicant must set forth a defined geographic area for
the functional “Tribal Lands” to be covered, and the
community in that area that would be considered the
community of license. In keeping with the Commission’s
commitment to assisting Tribal Government Entities in
establishing radio service to their members living on
Tribal Lands by awarding a point under this criterion, the
applicant must identify a community linked specifically to
that Tribe or Tribal organization, while not including
areas so non-Native in their character or location, so as to
defeat the shared purposes of both the Commission and
the Tribes when the Commission established the Tribal
Priority for full power stations. As an exhibit to the
application, the applicant must submit evidence of a
geographically identifiable Tribal population grouping,
and establish a nexus between the proposed community of
license and the Tribe itself. For more information on
identifying the geographical functional equivalent of
Tribal Lands for non-landed Tribes, see Policies to
Promote Rural Radio Service and to Streamline Allotment
and Assignment Procedures, Second Report and Order,
26 FCC Rcd 2556, 2559-63, ¶¶ 6-11 (2011).

B. Question 1: Established Community Presence. To
qualify for a point under this criterion, the applicant must
have an established community presence of at least four
years’ duration in the community that it proposes to serve.
A nonprofit educational organization applicant must be
able to certify that, during the four years prior to
application, (a) it has been in existence as a nonprofit
educational organization, and (b) has been physically
headquartered, has had a campus, or has had 75 percent
of its governing board members residing within 10 miles,
for applicants in the top 50 urban markets, and 20 miles,
for applicants outside of the top 50 urban markets, of the
coordinates of the proposed transmitting antenna. A
public safety radio service applicant only must be able to
certify that during the four years prior to application it
had jurisdiction within the service area of the proposed
LPFM station. Local organizations filing as consortia
may receive a point for each organization that, had it
applied for an LPFM station on its own, would qualify for
such a point. Consortia may receive no more than three
points total under this criterion.

C. Question 2: Proposed Operating Hours. To qualify
for a point under this criterion, applicants must pledge to
operate at least 12 hours per day. The minimum
operating schedule for LPFM stations is five hours per
day. See 47 C.F.R. Section 73.850. Applicants that claim
a point for this criterion will be required to adhere to their
pledges to operate at least 12 hours per day. The
Commission will use random audits to verify such
adherence, and also will consider written complaints. The
Commission staff may issue letters of inquiry requiring
submission of documentation in connection with such
audits. Applicants that fail to fulfil their pledges will be
subject to administrative sanctions including the
possibility of monetary forfeitures and revocation
proceedings.

Nonprofit educational organizations claiming a point for
this criterion must submit evidence of their qualifications
as an exhibit to their application forms. This evidence
must demonstrate the date of commencement of the
applicant’s existence and the location(s) of the applicant’s
headquarters, campus, or governing board members’
residences (or, for governmental public safety radio
service applicants, the area of jurisdiction) during the four
years prior to the application filing. For example, such
evidence may consist of copies of corporate charters,
articles of incorporation, association, or partnership, or
other written instruments filed with the appropriate
governmental agency (e.g., Secretary of State)
documenting the applicant’s period of existence. The
location of an applicant’s headquarters, campus, or
governing board members’ residences may be
demonstrated by the submission of statements supported
by the affidavit or declaration of a person or persons with
personal knowledge thereof. See 47 C.F.R. Section 1.16.
Local organizations filing as a consortium must submit
the information specified herein with respect to each
nonprofit educational organization for which the
consortium claims a point.

D. Question 3: Local program origination. To qualify for
two points under this criterion, applicants must pledge to
originate locally at least eight hours of programming per
day. Applicants that claim points for this criterion will be
required to adhere to their pledges. The Commission will
use random audits to verify such adherence, and also will
consider written complaints. The Commission staff may
issue letters of inquiry requiring submission of
documentation in connection with such audits.
Applicants that fail to fulfill their pledges will be subject
to administrative sanctions including the possibility of
monetary forfeitures and revocation proceedings.

A Tribe or Tribal organization applicant only must be
able to certify that the proposed community of license is
located on the Tribal Lands of the Tribe, or Tribe(s) that
own or control more than 51 percent of the Tribal
organization. Tribal Lands, for the purposes of this
service, are defined in 47 C.F.R. § 73.7000.

E. Question 4: Tribes or Tribal organizations serving
Tribal Lands. To qualify for a point under this criterion,

9

Not Yet Approved by OMB
an applicant must be a Tribe proposing to locate its
transmitting antenna site on its Tribal Lands, or a Tribal
organization proposing to locate its transmitting antenna
site on the Tribal Lands of the Tribe or Tribes that own or
control more than 51 percent of the organization. See 47
C.F.R. Section 73.872(b)(4). An applicant claiming a
point under this criterion must submit evidence of its
qualifications as a Tribe or Tribal organization, and must
propose to locate its transmitting antenna site on its Tribal
Lands, if a Tribe applicant, or on the Tribal Lands of the
Tribe or Tribes that own or control more than 51 percent
of the applicant, if a Tribal organization.

the date of any notification.
C.

Tech Box. The applicant must accurately specify the
requested facilities in Questions 1 through 8 of the Tech
Box. Conflicting data found elsewhere in the application
will be disregarded. All Questions must be completed.
The response "on file" is not acceptable. The response "not
applicable" is not acceptable unless otherwise noted below.
Question 1: Class. The class, LP250 or LP100, must be
specified as defined by 47 C.F.R. Section 73.811. Note:
Applications filed during a window period will only be
accepted if the specified class matches that set forth in the
public notice announcing the window.

SECTION V: LPFM ENGINEERING AND PREPARER'S
CERTIFICATION

Question 2: Channel. The proposed channel must be
between 201 and 300. See 47 C.F.R. Section 73.805.
Applicants can determine which frequencies, if any, are
available at any specific set of coordinates within the
United States and its territories by using a simple computer
program available at the Audio Division web-page
www.fcc.gov/mb/audio/lpfm.

A. General Instructions for Section V. The engineering
section contains a "Tech Box" in which the applicant
specifies all technical data required for engineering review.
In the event that there are any discrepancies between data
in the "Tech Box" and data submitted elsewhere in the
application, the data in the "Tech Box" will be controlling.
Applicants are not required to provide specific transmitter
make and model information on FCC Form 318. Rather,
the permit authorizing construction will require installation
of a FCC certified transmitter in compliance with the
provisions of 47 C.F.R. Section 73.1660. Applicants also
are not required to list the specific antenna make,
manufacturer, model number and number of bays for FM
antennae on FCC Form 318. That data is submitted
following the completion of construction in an application
for covering license (FCC Form 319).

Question 3: Antenna Location Coordinates. The
proposed antenna site must be specified using North
American Datum 27 (NAD 27) coordinates. Indicate North
or South Latitude, and East or West Longitude. Applicants
can determine coordinates with a 7.5 minutes series U.S.
Geological Survey topographic quadrangle map.
The latitude and longitude coordinates for all points in the
United States for this LPFM service are based upon the
1927 North American Datum (NAD 27). The National
Geodetic Survey is in the process of replacing NAD 27
with the more accurate 1983 North American Datum (NAD
83) and updating current topographic maps. In addition,
coordinates determined by use of the satellite-based Global
Positioning System already reflect the NAD 83 datum. To
prevent intermixing of data from these two sources, the
Commission has announced that, until further notice, all
LPFM applicants are to furnish coordinates based on NAD
27 datum on all submissions and the Commission will
continue to specify NAD 27 coordinates in its data bases
and authorizations. Applicants may access a simple
computer program to convert NAD 83 coordinates to NAD
29
coordinates
at
http://www.ngs.noaa.gov/TOOLS/Nadcon/Nadcon.ht
ml.

B. Notifications. All applicants must comply with the
requirements of 47 C.F.R. Section 73.1030. Specifically,
applicants within affected areas must notify United States
Government radio astronomy installations, radio receiving
installations, and FCC monitoring stations of the proposed
facility and its possible impact on their operations. See 47
C.F.R. Section 73.1030. Affected facilities requiring
written notification at the time the LPFM application is
filed include radio astronomy observatories located in
Arecibo, Puerto Rico, and Green Bank, West Virginia, and
the Table Mountain Radio Receiving Zone in Boulder
County, Colorado. The written notification should be sent
to the appropriate address listed in Section 73.1030 and
should include antenna height and coordinates, frequency
and power. The staff will coordinate applications with the
Commission’s Enforcement Bureau when there is the
potential for an adverse effect on an FCC monitoring
station. However, prior notice to the Enforcement Bureau
is suggested when an applicant believes its facility may
affect a monitoring station in the manner described in
Section 73.1030. The Commission need not be informed of

Question 4: Antenna Structure Registration Number.
The Antenna Structure Registration number should be
entered here. Most towers greater than 61 meters (200 feet)
in height and those located near airports require antenna
registration numbers. See 47 C.F.R. Section 17.4. If the
tower does not require registration, indicate that registration

10

Not Yet Approved by OMB
is “Not Applicable,” or if the FAA has not yet determined
whether a proposed structure would be a hazard, indicate
whether the FAA Notification has been filed with the FAA.
For more information regarding the Commission’s antenna
structure registration requirements, applicants may review
the Wireless Telecommunications Bureau’s Antenna
Structure
Registration
web
site
at
http://wireless.fcc.gov/antenna/index.htm?job=home.

applicants should certify “N/A.”
Question 10: TV Channel Six Interference. If the
proposed facility specifies operation on Channels 201-220,
the applicant must certify that the proposal complies with
the Channel Six spacing provisions contained in 47 C.F.R.
Section 73.825.
Question 11: National Environmental Policy Act:

Questions 5-7: Elevation and Heights. All heights must
be in meters, rounded to the nearest whole number.

a.

Question 8: Power and Height Limitations. The staff
will determine an LPFM station’s antenna height above
average terrain (HAAT) from the Tech Box data for
coordinates, site elevation, and antenna radiation center
above ground level. The effective radiated power (ERP)
specified on the LPFM construction permit authorization
will be given in a range that, when considered with the
staff-calculated HAAT, would allow operation within the
maximum and minimum ERP of the class of LPFM station
applied for. See 47 C.F.R. Section 73.811.
D. Certifications. Questions 9-11 set forth a series of
certifications concerning the Commission's technical
standards and operational requirements for LPFM stations.

Environmental Impact. The National Environmental
Policy Act of 1969 requires all federal agencies to
ensure that the human environment is given
consideration in all agency decision-making. Since
January 1, 1986, applications for new broadcast
stations, modifications of existing stations, and license
renewals must include either an environmental
assessment that will serve as the basis for further
Commission review and action, or a certification that
operation of the station will not have a significant
environmental impact. See 47 C.F.R. Section 1.1307.
In this regard, applicants are required to consider eight
environmental factors. These factors are listed in the
attached
General
Environmental
Worksheet
(Worksheet 2).
Should the applicant be unable to conclude that its
proposal will have no significant impact on the quality
of the human environment, it must submit an
Environmental Assessment containing the following
information:

Question 9(a): Interference. The applicant must certify
that the proposal complies with the spacing provisions
contained in 47 C.F.R. Section 73.807. If the proposed
facility will be fully-spaced under Section 73.807, the
applicant should respond “Yes” to Question 9a. If the
proposed facility will be short-spaced under Section
73.807, the applicant should respond “No” to Question
9a.
Question 9(b): Short-Spaced Stations. An applicant
responding “Yes” to Question 9a should respond “N/A”
to Question 9b. If an applicant responds “No” to
Question 9a and proposes a facility that is short-spaced to
a second-adjacent channel station under Section 73.807,
the applicant should respond “Yes” to Question 9b, and
provide sufficient information to demonstrate that the
proposed facility complies with the second-adjacent
channel waiver standard. An exhibit is required for any
“Yes” response to Question 9b.
Question 9(c): Interference to Translator or Booster
Input Signals. In cases where Section 73.827(a) is
applicable, the applicant must certify that the proposal
complies with distance separation requirements or
demonstrate that “no actual interference” would occur
based on either the signal strength ratio showing or
minimum distance separation formula set forth in the rule.
In cases where Section 73.827(a) is not applicable,

11

(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

Not Yet Approved by OMB

(5)

adverse environmental effects; and any
alternative sites or facilities that have been or
reasonably might be considered.

sources at a site. In this case, the LPFM is excluded
from a detailed showing of compliance if it does not
contribute more that 5% of the Commission’s RF limit.

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

Applicants that fail to meet these antenna height
requirements will need to utilize more complex
calculations or measurements to demonstrate
compliance and may require the assistance of a
qualified consulting engineer to determine whether
the proposed facility will meet the RF exposure
guidelines. RF levels may still be acceptable based on
a more detailed evaluation of a number of variables,
e.g., antenna radiation patterns or measurement data.
In that case, the applicant must submit an exhibit to the
application that explains why the proposed facility
does not exceed the RF radiation exposure guidelines
at locations where humans are likely to be present,
and/or describes measures or circumstances which will
prevent or discourage humans from entering those
areas where the RF exposure exceeds the guidelines,
e.g., fencing or remote location. The guidelines are
explained in more detail in OET Bulletin 65.

b. RF Exposure Guidelines. In 1996, the Commission
modified its guidelines and procedures for evaluating
environmental effects of RF emissions. All LPFM
station applications subject to environmental
processing must demonstrate compliance with the new
requirements. The new guidelines are explained in
more detail in OET Bulletin 65, entitled Evaluating
Compliance with FCC Guidelines for Human
Exposure to Radiofrequency Electromagnetic Fields,
Edition 97-01, released August, 1997, and Supplement
A: Additional Information for Radio and Television
Broadcast Stations (referred to here as "OET Bulletin
65" and "Supplement A," respectively). Both OET
Bulletin 65 and Supplement A can be viewed and/or
downloaded from the FCC Internet site at
http://transition.fcc.gov/oet/rfsafety/. Copies can
also be purchased from the Commission's
duplicating/research
contractor,
International
Transcription Services, Inc., 1231 20th Street, N.W.,
Washington, D.C. 20036 (telephone: (202) 857-3800;
fax: (202) 857-3805). Additional information may be
obtained from the RF Safety Group at
[email protected] or (202) 418-2464 or from the FCC
Call Center at 1-888-CALL FCC (225-5322).
c.

E. Preparer's Certification. When someone other than the
applicant has prepared the engineering section of the FCC
Form 318, Section V requires that person to certify, to the
best of his/her knowledge and belief, the veracity of the
technical data supplied.
The Section V preparer's
certification need not be completed if the engineering
portion of the application has been prepared by the
applicant. In that event, the applicant's Section IV, page 5
certification will cover the information provided in both the
legal and engineering sections of the application.

Worksheets. Worksheets 2 and 3 are designed to
facilitate and substantiate the certification called for
in Section V, Question 11.
The General
Environmental Worksheet (Worksheet 2) should be
used by all applicants. The RF Exposure Worksheet
(Worksheet 3) will assist the applicant in completing
the required radiofrequency (RF) electromagnetic
field calculations to determine whether the proposed
station adequately protects the public and workers
from potentially harmful RF fields.

FCC NOTICE REQUIRED BY THE PAPERWORK
REDUCTION ACT
If you do not provide the information requested on this form,
the application may be returned without action having been
taken upon it or its processing may be delayed while a request
is made to provide the missing information. Your response is
required to obtain the requested authorization.
We have estimated that each response to this collection of
information will take 45 minutes to 6 hours. Our estimate
includes the time to read the instructions, look through
existing records, gather and maintain the required data, and
actually complete and review the form or response. If you
have any comments on this burden estimate, or on how we can
improve the collection and reduce the burden it causes you,
please e-mail them to [email protected] or send them to the
Federal Communications Commission, AMD-PERM,
Paperwork Reduction Project (3060-0920), Washington, DC
20554.
Please
DO
NOT
SEND
COMPLETED

Some, but not all, stations will be able to use the RF
Exposure Worksheet. The RF Exposure Worksheet
allows the applicant to determine if its LPFM station
would meet the Commission’s RF guidelines based
upon the facility’s antenna height above ground level.
Section One of the RF Exposure Worksheet is
applicable to an LPFM station that is the only RF
source on the only supporting structure in the area.
Such a facility may not exceed the Commission’s RF
limit. Section Two of the RF Exposure Worksheet
applies to an LPFM station that is one of several RF

12

Not Yet Approved by OMB
APPLICATIONS TO THIS ADDRESS. Remember - you are
not required to respond to a collection of information
sponsored by the Federal government, and the government
may not conduct or sponsor this collection, unless it displays a
currently valid OMB control number of if we fail to provide
you with this notice. This collection has been assigned an
OMB control number of 3060-0920.
THE FOREGOING NOTICE IS REQUIRED BY THE
PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. 3507.

13

Federal Communications Commission
Washington, D. C. 20554

Approved by OMB
3060-0920

FCC 318
APPLICATION FOR CONSTRUCTION PERMIT
FOR A LOW POWER FM BROADCAST STATION

FOR
FCC
USE
ONLY

FOR COMMISSION USE ONLY
FILE NO.

Section I - General Information
Legal Name of the Applicant
1.

Mailing Address

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

Call Sign

2.

Contact Representative (if other than applicant)

ZIP Code

Facility ID Number

Firm or Company Name

Mailing Address

3.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

ZIP Code

Application Purpose.
New station

Major modification of construction permit

Major change in licensed facility

Minor modification of construction permit

Minor change in licensed facility

Amendment to pending application

a. File number of original construction permit:
b. Station location:

City

N/A
State

If an amendment, submit as an Exhibit a listing by section and question number of the portions of
the pending application that are being revised.

Exhibit No.

FCC Form 318

NOTE: The failure to include an explanatory exhibit providing full particulars in connection with a ''No'' response may
result in dismissal of the application. See General Instructions, Paragraph I for additional information regarding the
completion of explanatory exhibits.
Section II - Legal
New LPFM station applicants must complete all questions in Section II. Major and minor change applicants must complete only
questions 1, 4, 6, 7 and 9.
1.

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

2.

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

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

The applicant certifies that:
a.
b.
c.

d.

it is a nonprofit educational organization;
or
it is a Tribe or Tribal organization;
or
it is a consortium comprised solely of nonprofit educational organizations, Tribes
and/or Tribal organizations;
or
it is a state or local government or a non-government entity that proposes a
noncommercial public safety radio service to protect the safety of life health or
property.

If the answer to 2d is "Yes" and the applicant is submitting multiple applications, is this
application a "priority" application? See Creation of a Low Power Radio Service,
Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 19208, 19239-40, at
paragraphs 79-80 (2000).
Note: Applicants that answer "Yes" to 2a. (or 2c. as a consortium) must include an exhibit
that describes the applicant's educational program and how its proposed station will be
used to advance its educational program. If the applicant is incorporated, the exhibit must
include the state and date of applicant's incorporation. If the applicant is unincorporated,
the exhibit must include the state in which it is registered or otherwise recognized and the
date of such registration or recognition.
Applicants answering "Yes" to 2b. (or 2c. as a consortium) must include an exhibit that (i)
specifies whether the applicant is a Tribe or Tribal organization, and (ii) describes its
proposed noncommercial service. If the applicant is a Tribal organization and is
incorporated, the exhibit also must state which Tribe or Tribes own or control the
applicant, and specify the state and date of applicant's incorporation. If the applicant is a
Tribal organization and is not incorporated, the exhibit must state which Tribe or Tribes
own or control the applicant, and specify the state in which the applicant is registered or
otherwise recognized and the date of such registration or recognition.
Applicants that answer "Yes" to 2d. must include an exhibit that describes the applicant's
public safety radio program and how the proposed station will be used to protect the safety
of life, health or property. If the applicant is a non-governmental entity and is
incorporated, the exhibit must include the state and date of applicant's incorporation. If
the applicant is a non-governmental entity and is not incorporated, the exhibit must
include the state in which it is registered or otherwise recognized and the date of such
registration or recognition.
FCC Form 318 (Page 2)

N/A

Exhibit No.

3.

Parties to the Application.
a.

List separately each party to the application including, as applicable, the applicant, its officers, directors, five percent or
greater stockholders, non-insulated partners, members, and all other persons and entities with attributable interests. If a
corporation or partnership holds an attributable interest in the applicant, list separately, as applicable, its officers,
directors, five percent or greater stockholders, non-insulated partners, and board members. Create a separate row for
each individual or entity. Attach additional pages if necessary.
(3) Positional Interest: Officer, director, general
(1) Name and address of party.
partner, limited partner, LLC member, or
investor/creditor attributable under the
(2) Citizenship.
Commission's equity/debt plus standard.
(4) Percentage of votes.
(5) Percentage of total assets (equity plus debt).
(1)

(2)

(3)

b. Applicant certifies that equity and financial interests not set forth above are
non-attributable.

(4)

(5)

Yes
N/A

FCC Form 318 (Page 3)

No

See Explanation
in Exhibit No.

4.

Community-Based Criteria. The applicant certifies that:
a.

it is a nonprofit educational organization that is physically headquartered or has a
campus within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets,
and 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the
proposed transmitting antenna site set forth in this application.

b.

it is a nonprofit educational organization that has 75 percent of its board members
residing within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets,
and 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the
proposed transmitting antenna site set forth in this application.

c.

it is a Tribe proposing to locate its transmitting antenna site on its Tribal Lands, or a
Tribal organization proposing to locate its transmitting antenna site on the Tribal
Lands of the Tribe or Tribes that own or control more than 51 percent of the
organization.

d.

e.

Yes

No

Yes

No

Yes

No

it is a consortium of nonprofit educational organizations, Tribes and/or Tribal
organizations, each of which satisfy 4a., 4b. or 4c.

Yes

No

it proposes a public safety radio service and has jurisdiction within the service area of
the proposed LPFM station.

Yes

No

Yes

No See Explanation

Note: An applicant should not submit an explanatory exhibit in connection with these
Question 4 ''No'' responses.

5.

Ownership.
a. Applicant certifies that the proposed facility complies with the multiple ownership
limits set forth in Section 73.855 of the Commission's rules. See 47 C.F.R. Section
73.855.
b. Applicant certifies that the proposed facility complies with the cross-ownership
limits set forth in Section 73.860 of the Commission's rules. See 47 C.F.R. Section
73.860.
c. Applicant certifies that the proposed facility complies with the Commission's policies
relating to media interests of immediate family members; and
d. Applicant certifies that the proposed facility complies with the Commission's policies
relating to investor insulation and the non-participation of non-party investors or
creditors.

in Exhibit No.

Yes

No See Explanation
in Exhibit No.

Yes

No

Yes

No

FCC Form 318 (Page 4)

6.

7.

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

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

b.

any pending broadcast application in which character issues have been raised.

Adverse Findings. The applicant certifies that no adverse finding has been made and no
adverse final action has been taken by any court or administrative body as to the applicant,
any party to this application, or any non-party equity owner in the applicant, in a civil or
criminal proceeding brought under the provisions of any law related to the following: any
felony; mass media related antitrust or unfair competition; fraudulent statements to
another governmental unit; or discrimination?
If the answer is ''No,'' attach as an Exhibit a full disclosure concerning the persons and
matters involved, including an identification of the court or administrative body and the
proceeding (by dates and file numbers), and a description of the disposition of the matter.
Where the requisite information has been earlier disclosed in connection with another
application or as required by 47 C.F.R. Section 1.65, the applicant need only provide: (i)
an identification of that previous submission by reference to the file number in the case of
an application, the call letters of the station regarding which the application or Section 1.65
information was filed, and the date of filing; and (ii) the disposition of the previously
reported matter.

8.

Unlicensed Operation. The applicant certifies, under penalty of perjury, that neither the
applicant nor any party to the application has engaged in any manner, individually or
with other persons, groups, organizations, or other entities, in the unlicensed operation of
any station in violation of Section 301 of the Communications Act of 1934, as amended,
47 U.S.C. Section 301.

9.

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

FCC Form 318 (Page 5)

Yes

No

Yes

No

Exhibit No.

Yes

No

Yes

No

See Explanation
in Exhibit No.

Section III - Point System Factors
New station and major change applicants must complete the following questions.
Point system factors are used only for selection among mutually exclusive applications for new LPFM stations and major
modification of authorized LPFM stations. Mutually exclusive applicants will be awarded a point or points for each of the
following:
1.

Established community presence.
a. Nonprofit educational organizations. The applicant certifies that, for a period of at
least four years prior to the date of this application, it has existed as an educational
organization and has been physically headquartered, has had a campus, or has had
seventy-five percent of its board members residing within 16.1 kilometers (10 miles),
for the top 50 urban markets, and 32.1 kilometers (20 miles), outside the top 50
urban markets, of the coordinates of the proposed transmitting antenna.
An applicant claiming a point under 1a. must submit an exhibit documenting its
established community presence. See instructions.
b. Tribes and Tribal organizations. The applicant certifies that the specified
community of license is located on the Tribal Lands of the Tribe, or Tribe(s) that
own or control more than 51 percent of the Tribal organization.

c. Consortia. The applicant certifies that each of its members satisfies 1a. or 1b.
An applicant claiming a point or points under 1c. must submit an exhibit
documenting the established community presence of any member on which this
certification is based and must specifically state how many points it seeks. See
instructions.
d. Public safety radio service. The applicant certifies that, for a period of at least four
years prior to the date of this application, it has had jurisdiction within the service
area of the proposed public safety radio service LPFM station.

Yes

No

Exhibit No.

Yes

No

Exhibit No.

Yes

No

Exhibit No.

Yes

No

2.

Proposed operating hours. The applicant pledges to operate the proposed station for at
least 12 hours per day.

Yes

No

3.

Local program origination. The applicant pledges to originate locally at least eight
hours of programming per day.

Yes

No

4.

Tribes or Tribal organizations. The applicant certifies it is a Tribe proposing to locate
its transmitting antenna site on its Tribal Lands, or a Tribal organization proposing to
locate its transmitting antenna site on the Tribal Lands of the Tribe or Tribes that own or
control more than 51 percent of the organization.

Yes

No

An applicant claiming a point under 4. must provide an exhibit.

Exhibit No.

FCC Form 318 (Page 6)

Section IV - Certification
The applicant certifies that the statements in this application are true, complete, and correct to the best of its knowledge and belief,
and are made in good faith.
The applicant acknowledges that all certifications and attached Exhibits are considered material representations.
The applicant acknowledges that the submission of false or misleading statements will subject the applicant to fines, revocation of
license(s), and applicable criminal penalties.
The applicant hereby waives any claim to the use of any particular frequency as against the regulatory power of the United States
because of the previous use of the same, whether by licensee or otherwise, and requests an authorization in accordance with this
application. (See Section 304 of the Communications Act of 1934, as amended.)
Typed or Printed Name of Person Signing

Typed or Printed Title of Person
Signing

Signature

Date

FCC Form 318 (Page 7)

Section V - LPFM Engineering
TECHNICAL SPECIFICATIONS Applicants must list technical specifications accurately. Contradictory data found elsewhere
in this application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.

TECH BOX
1.

Class:

LP100

2.

Channel:

3.

Antenna Location Coordinates: (NAD 27)
0
'

"

'

"

0

4.

LP10

N

S Latitude

E

W Longitude

Antenna Structure Registration Number:
Not applicable

FAA Notification Filed with FAA

5.

Antenna Location Site Elevation Above Mean Sea Level:

meters

6.

Overall Tower Height Above Ground Level:

meters

7.

Height of Antenna Radiation Center Above Ground Level:

meters

8
.

Power and height limitations. By checking ''Yes'', the applicant acknowledges that it will be
authorized to operate within the parameters defined in 47 C.F.R. Section 73.81 1 as calculated
based on the data specified herein.

Yes

No

An explanatory exhibit providing full particulars must be submitted for each question for which a ''No'' response is provided.

9.

a. Interference. The applicant certifies that the proposed facility complies with all
pertinent distance separation requirements of 47 C.F.R. Section 73.807.

Yes

No

b. Short-Spaced Stations. Applicants responding "No" to Question 9a. must answer
Question 9b. The applicant certifies that the proposed facility complies with all
pertinent requirements of 47 C.F.R. Section 73.807.

Yes

No

See Explanation
in Exhibit No.

c. Interference to Translator or Booster Input Signals. The applicant certifies that the
proposed facility complies with all pertinent requirements of 47 C.F.R. Section
73.827(a).

Yes

No

See Explanation
in Exhibit No.

Note: New station applications that fail to meet all of the co-channel and first-adjacent
channel separation requirements set forth in 47 C.F.R. Section 73.807 will be returned
and will not be provided an opportunity to file a curative amendment.

Note: Where Section 73.827(a) is applicable, an applicant must certify that the
proposed facility complies with the distance separation requirements set forth in that
section or demonstrate that "no actual interference" would occur based on the signal
strength ratio showing or minimum distance separation formula set forth in 47 C.F.R.
Section 73.827(a).

FCC Form 318 (Page 8)

N/A

N/A

TV Channel 6 Interference (Channel 201-220). The applicant certifies that the proposed
facility complies with 47 C.F.R. Section 73.825.

10.

Yes

No

See Explanation
in Exhibit No.

No

See Explanation
in Exhibit No.

N/A

National Environmental Policy Act. The applicant certifies, based on its completion of
Worksheets 2 and 3 and its review of the instructions to this application, that the proposed
facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e.,
the facility will not have a significant environmental impact and complies with the
maximum permissible radio frequency electromagnetic exposure limits for controlled and
uncontrolled environments). Unless the applicant can determine compliance through the
use of the attached General Environmental and RF Exposure Worksheets, an Exhibit is
required.

11.

Yes

THE FOLLOWING PREPARER'S CERTIFICATION MUST BE COMPLETED AND SIGNED.

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

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

Signature

Date

Mailing Address
City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

ZIP Code

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE,
TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S.
CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

FCC Form 318 (Page 9)