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pdfFederal Communications Commission
Washington, D.C. 20554
Not Yet Approved by OMB
3060-0027
INSTRUCTIONS FOR FCC 301
APPLICATION FOR CONSTRUCTION PERMIT
FOR A COMMERCIAL BROADCAST STATION
GENERAL INSTRUCTIONS
A. This FCC Form is to be used to apply for authority to
construct a new commercial AM, FM, or TV broadcast
station or to make changes in the existing facilities of such a
station. In the case of new station and major modification
proposals, 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. All proposals for minor changes to authorized
commercial stations are also to be filed on this form. The
form consists of the following sections:
I.
II.
III.
III-A
III-B
III-C
III-D
General Information
Legal Qualifications
Preparer's Certification (for preparer of engineering
sections of the application)
AM Broadcast Engineering Data
FM Broadcast Engineering Data
TV Broadcast Engineering Data
Digital Television (DTV) Engineering Data
Applicants must complete Sections I, II, III, and the relevant
engineering section. No section may be omitted. However,
in Section II, an applicant for minor change in facilities
need fill out only Items 1 and 11, as well as Item 4
regarding the Commission's multiple ownership rules and
cross-ownership rules. An applicant for a minor change to
an existing AM or FM facility, in which the applicant seeks
to change the community of license, must also fill out Item
9 of Section II. In Section II, an applicant for major change
in facilities need fill out only Items 1, 9, 10, and 11 and the
multiple ownership certifications in Item 4.
All radio
applicants (new, major and minor changes) need to submit
an Exhibit explaining their response for Item 4b (see
Worksheet 2A).
B. 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) Part 0
(2) Part 1
(3) Part 73
(4) Part 74
"Commission Organization"
"Practice and Procedure"
"Radio Broadcast Services"
"Experimental Radio, Auxiliary, Special
Broadcast and Other Program Distributional
Services"
All previous editions obsolete.
FCC Rules may be downloaded or purchased from the
Government Printing Office (GPO). To download the
rules, the website link is www.gpoaccess.gov/index.
html. To purchase the rules, contact GPO Customer
Service Desk at (202) 512-1803 for current prices. For
payment by credit card, call (202) 512-1800, M-F, 8
a.m.to 4 p.m. e.s.t; facsimile orders may be placed by
dialing (202) 518-2233, 24 hours a day. Payment by
check may be made to the Superintendent of Documents,
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA
15250-7954.
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-by-form basis, six
months after each application form or report becomes
available for filing electronically.
D. Mandatory electronic filing of FCC Form 301 commenced
on February 15, 2001. See 16 FCC Rcd 3989 (2001).
Paper versions of FCC Form 301 will not be accepted for
filing, unless accompanied by an appropriate request for
waiver of the electronic filing requirement. Applicants can
access the electronic filing system via the Internet from the
Media Bureau’s Website at: http://www.fcc.gov/mb.
E. Public Notice Requirements:
(1)
47 C.F.R. Section 73.3580 requires that applicants
for construction permits for new broadcast stations
and for major change in existing broadcast facilities
(as defined in 47 C.F.R. Sections 73.3571(a)(1) (for
AM applicants), 73.3572(a)(1) (for television
applicants), or 73.3573(a) (1) (for FM applicants))
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 as defined in 47
C.F.R. Sections 73.3571(b) (AM), 73.3772(b)
(television), and 73.3573(b) (FM). This publication
requirement also applies with respect to applications
for minor modification to existing AM and FM
FCC 301 Instructions
Edition Date
facilities in which the applicant seeks to change the
existing facility’s community of license. Local notice
is also required to be broadcast over the station, if
operating. However, if the station is the only
operating station in its broadcast service licensed to
the community involved, publication of the notice in
a newspaper is not required. (Noncommercial
educational FM and TV stations are classified as a
"different service" from commercial FM and TV
stations for purposes of this policy.)
(2)
F.
J.
Completion of publication may occur within 30 days
before or after the tender of the application to the
Commission. Compliance or intent to comply with
the public notice requirements must be certified by
the applicant in Item 9 of Section II of this
application. The required content of the local notice
is described in Paragraph (f) 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.
K. Applicants are not required to certify as to their financial
qualifications on FCC Form 301. 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 301. See Merrimack Valley Broadcasting, Inc., 82
FCC 2d 166, 167 (1980); Liberty Productions, 7 FCC Rcd
7581, 7584 (1992).
A copy of the completed application and all related
documents shall be made available for inspection by the
public in the station’s public inspection file pursuant to 47
C.F.R. Section 73.3526 for commercial stations and 47
C.F.R. Section 73.3527 for noncommercial educational
stations.
G. 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.
Inadvertently accepted applications are
also subject to dismissal.
See 47 C.F.R. Section
73.3564(b).
L. Applicants filing this FCC Form 301 also are not required
to certify that the site specified in FCC Form 301 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 301. 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. 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.
This application is presented primarily in a "Yes/No"
certification format. However, it contains places for
submitting explanations and exhibits where necessary or
appropriate. Each certification constitutes a material
representation. Applicants may only mark the "Yes"
certification when they are certain that the response is
correct. A "No" response is required if the applicant is
requesting a waiver of a pertinent rule and/or policy, or
where the applicant is uncertain that the application fully
satisfies the pertinent rule and/or policy. Thus, a "No"
response to any of the certification items will not cause the
immediate dismissal of the application provided that an
appropriate exhibit is submitted.
M. The applicant and the applicant's authorized
engineering representative, if any, must sign the
application. Depending on the nature of the applicant, the
application should be signed as follows: if a 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. See 47 C.F.R. Section
73.3513. If the application is filed electronically, the
signature will consist of the electronic equivalent of the
typed name of the individual. See Report and Order in MM
Docket No. 98-43, 13 FCC Rcd 23,056, 23,064 (1998).
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
not required to complete or retain any documentation
created or collected to complete the application. See
Section II, Item 1.
2
INSTRUCTIONS
INFORMATION
FOR
SECTION
I:
When electronically filing a fee-exempt application, an
applicant must complete Item 3 and provide an explanation
as appropriate. Paper versions of 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.
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 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.
The Commission's fee collection program utilizes a U.S.
Treasury lockbox bank for maximum efficiency of
collection and processing. Prior to the institution of
electronic filing procedures, all FCC Form 301 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 301 should be mailed
or otherwise delivered are also set forth in the "Media
Bureau Fee Filing Guide." This document can be obtained
either by writing to the Commission's Form Distribution
Center, 9300 E. Hampton Drive, Capitol Heights, Maryland
20743, or by calling 1-800-418-FORM and leaving your
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.
Applicants should use only those state abbreviations
approved by the U.S. Postal Service.
FCC Registration Number (FRN). To comply with the
Debt Collection Improvement Act of 1996, the applicant
must enter its FRN number, a ten-digit unique entity
identifier for anyone doing business with the Commission.
The FRN can be obtained through the FCC webpage at
http://www.fcc.gov or by manually submitting FCC Form
160. FCC Form 160 is available for downloading from
http://www.fcc.gov/formpage. html or by calling 1-800418-3676. Questions concerning the FCC Registration
Number can be directed to the Commission’s Registration
System help desk at http://[email protected] or by
calling 1-877-480-3201.
Payment of any required fee must be made by check, bank
draft, money order, or credit card. If payment is 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.
Procedures for payment of application fees when
applications are filed electronically will be announced by
subsequent Public Notice. See General Instruction C above.
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 Credit and Debt Management Center
at (202) 418-1995 to make the necessary arrangements.
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, mailing address and
telephone/electronic mail address may be specified in Item
2.
C. Item 3: Fees. The Commission is statutorily required to
collect charges for certain regulatory services to the public.
Generally, applicants seeking authority to construct a new
broadcast station or modify an outstanding authorization are
required to submit a fee with the filing of FCC Form 301.
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.
Applicants hand-delivering FCC Forms 301 may receive
dated receipt copies by presenting copies of the applications
to the acceptance clerk at the time of delivery. For mailed-in
applications, a "return copy" of the application should be
furnished and clearly marked as a "return copy." The
applicant should attach this copy to a stamped, selfaddressed envelope.
Only one piece of paper per
application will be stamped for receipt purposes.
For further information regarding the applicability of a fee,
the amount of the fee, or the payment of the fee, applicants
should consult the "Media Bureau Fee Filing Guide."
3
D. Item 4: Purpose of Application. This question requires
that the applicant identify the purpose of the application and
provide certain information for the facilities proposed in the
FCC Form 301.
INSTRUCTIONS
INFORMATION
FOR
SECTION
II:
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.
DTV Service Type: The DTV Pre-Transition service
type is for a station whose application relates solely to its
pre-transition DTV operation on a channel that is not
allotted for post-transition use by this station and will not
affect its authorized post-transition operation. The DTV
Post-Transition service type is for a station whose
application relates solely to its post-transition operation
and will not affect its authorized pre-transition operation.
The DTV Both (Pre- and Post-Transition) service type is
for a station whose application relates to both its pre- and
post-transition operation. Only a station whose pretransition DTV channel is the same as its post-transition
channel may use the DTV Both service type.
B. Item 2: Parties to the Application. This question requires
the disclosure of information on the applicant and all parties
to the application. As used in this application form, 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. In responding
to Item 2, applicants should review the Commission's
multiple ownership attribution policies and standards which
are set forth in the Notes to 47 C.F.R. Section 73.3555, as
revised pursuant to Report and Order in MB Dockets 02277 and 03-130, and MM Dockets 01-235, 01-317, and 00244, 18 FCC Rcd 13620 (2003), aff’d in part and remanded
in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d
372 (3d Cir. 2004), stay modified, No. 03-3388 (Sept. 3,
2004), and/or as revised in Review of the Commission's
Regulations Governing Attribution of Broadcast and
Cable/MDS Interests, 14 FCC Rcd 12559 (1999),
reconsideration granted in part, 16 FCC Rcd 1097 (2000)
2006 Quadrennial Regulatory Review- Review of the
Commission’s Broadcast Ownership Rules and Other
Rules Adopted Pursuant to Section 202 of the
Telecommunications Act of 1996, Report and Order and
Order on Reconsideration, MB Docket No. 06-121 et al.,
23 FCC Rcd 2010 (2008) (“2006 Quadrennial Media
Ownership Order”).
DTS Service Type: A DTV station may be authorized to
operate multiple synchronized transmitters on its assigned
channel to provide service consistent with the requirements
of 47 C.F.R. Section 73.626 of the Commission’s rules.
Such operation is called a distributed transmission system
(DTS). Except as expressly provided in 47 C.F.R. Section
73.626, DTV stations operating a DTS facility must comply
with all rules applicable to DTV single-transmitter stations.
See also Digital Television Distributed Transmission
System Technologies; MB Docket No. 05-312; Report and
Order, FCC 08-256 (rel. Nov. 7, 2008).
New Station with Petition for Rulemaking or
Counterproposal to Amend FM Table of Allotments
using Tribal Priority. Under the Commission’s Tribal
Priority (see Policies to Promote Rural Radio Service and
to Streamline Allotment and Assignment Procedures, First
Report and Order, 25 FCC Rcd 1583 (2010) (“Rural First
R&O”), modified, Second Report and Order, 26 FCC Rcd
2556 (2011) (“Rural Second R&O”), modified, Third
Report and Order, 26 FCC Rcd 17642 (2011) (“Rural
Third R&O”), federally recognized Native American
Tribes or Alaska Native Villages (“Tribes”), consortia of
Tribes, or entities 51 percent or more owned by a Tribe or
Tribes, may propose an FM allotment that meets the
requirements for the Tribal Priority set forth in the Rural
First R&O and Rural Second R&O (a “Tribal
Allotment”), and thus may receive a dispositive priority
under Section 307(b) of the Communications Act. A
petitioner seeking to add a Tribal Allotment to the FM
Table of Allotments, like all other FM allotment
proponents, must file Form 301 when submitting its
Petition for Rule Making. A Form 301 application
indicating that it is filed in connection with a petition to
add a Tribal Allotment will be subject to the Threshold
Qualifications procedures set forth in the Rural Third
R&O, and to be set forth in Public Notices in connection
with award of the Tribal Allotment if and when it is
allocated.
Generally, insulated limited partners or members of a
limited liability corporation, certain investors, and certain
creditors are not considered parties to the application.
However, as set forth in Worksheet #2E entitled, "Investor
Insulation and Non-Party Influence over Applicant," the
holder of such an interest may be deemed a party to the
application and, if so, must be listed in the table in Item 2a.
In the event that the Investor Insulation and Non-Party
Influence over Applicant worksheet requires the submission
of an explanatory exhibit, the applicant must respond "No"
to Section II, Item 2b and complete this exhibit.
Equity/Debt Plus Attribution Standard. Certain interests
held by substantial investors in, or creditors of, the
applicant may also be attributable and the investor
reportable as a party to the application, if the interest falls
4
within the Commission's equity/debt plus (EDP)
attribution standard. Under the EDP standard, the interest
held is attributable if, aggregating both equity and debt, it
exceeds 33 percent 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 or cross-ownership rules – AND the interest
holder also holds (1) an attributable interest in a media
outlet in the same market, or (2) supplies over 15 percent
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, but, under the EDP standard, that interest
would be attributable if the limited partner’s interest
exceeded 33 percent of the applicant’s total asset value
AND the limited partner also held a 5 percent voting
interest in a radio or television station licensee in the same
market.
annual financial statements or tax returns, etc., used to
establish the basis for the applicant's response.
The interest holder may, however, exceed the 33 percent
threshold without triggering attribution where such
investment would enable an eligible entity to acquire a
broadcast station provided that: (1) the combined equity
and debt of the interest holder in the eligible entity is less
than 50 percent, or (2) the total debt of the interest holder
in the eligible entity does not exceed 80 percent of the
asset value of the station being acquired by the eligible
entity and the interest holder does not hold any equity
interest, option, or promise to acquire an equity interest in
the eligible entity or any related entity. See In re
Promoting Diversification of Ownership in the
Broadcasting Services, Report and Order and Third
Further Notice of Proposed Rule Making, 23 FCC Rcd
5922 (Mar. 5, 2008).
(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;
The Commission defines an “eligible entity” as any entity
that qualifies as a small business under the Small
Business Administration’s size standards for its industry
grouping, as set forth in 13 C.F.R. § 121-201, and holds
(1) 30 percent or more of the stock or partnership
interests and more than 50 percent of the voting power of
the corporation or partnership that will own the media
outlet; or (2) 15 percent or more of the stock or
partnership interests and more than 50 percent of the
voting power of the corporation or partnership that will
own the media outlet, provided that no other person or
entity owns or controls more than 25 percent of the
outstanding stock or partnership interests; or (3) more
than 50 percent of the voting power of the corporation
that will own the media outlet if such corporation is a
publicly traded company.
(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.
Additionally, "parties to the application" includes the
following with respect to each of the listed applicant
entities:
INDIVIDUAL APPLICANT: The natural person seeking
to hold in his or her own right the authorization specified in
this application.
PARTNERSHIP APPLICANT: Each partner, including
all limited partners. However, a limited partner in a limited
partnership is not considered a party to the application IF
the limited partner is not materially involved, directly or
indirectly, in the management or operation of the mediarelated activities of the partnership and the applicant so
certifies in response to Question 2b. Sufficient insulation of
a limited partner for purposes of this certification would be
assured if the limited partnership arrangement:
In the event the Applicant claims status as an eligible
entity, the Applicant must select "Yes" to Section II, Item
4d and submit an explanatory exhibit demonstrating
compliance. The Applicant must retain and provide on
request, material documentation, including, for example,
5
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 EDP attribution standard described
below; or 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.
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-attriburtable, IF its aggregated
holding accounts for less than 20% of the outstanding votes
in the applicant AND IF:
LIMITED LIABILITY COMPANY APPLICANT: 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, Item 2b.
(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.
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 applicant.
C. Item 4: Multiple Ownership. This item requires that the
applicant either certify compliance with, or request waiver
of, the Commission's broadcast ownership rules, including
restrictions on investor insulation and participation of nonparty investors and creditors. Radio applicants must submit
an Exhibit in either case, i.e., an Exhibit is required
demonstrating compliance with 47 C.F.R. § 73.3555(a) or,
if the applicant cannot certify compliance, requesting a
waiver or exemption, with adequate justification. For all
other applicants, an Exhibit is required only if requesting a
waiver. In order to facilitate the evaluation of the
transaction that is the subject of this FCC Form 301,
applicants are directed to Worksheet #2, which is tailored to
the individual inquiries in Item 4.
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 applicant. 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 non-insulated,
regardless of the partnership interest, is considered a party
to the application.
D. Items 5 and 6: Character Issues/Adverse Findings. Item
5 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 6 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 5 and 6, 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).
6
Where the response to Item 5 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.
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 for Section II, Item
2. 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. See also
Review of Foreign Ownership Policies for Broadcast,
Common Carrier and Aeronautical Radio Licensees
Under Section 310(b)(4) of the Communications Act of
1934, as Amended, Report and Order, FCC 16-128, paras.
67-72 (rel. Sept. 30, 2016) (2016 Foreign Ownership
Order).
In responding to Item 6, the applicant should consider any
relevant adverse finding that occurred within the past ten
years. Where that adverse finding was fully disclosed to the
Commission in an application filed on behalf of this station
or in another broadcast station application and the
Commission, by specific ruling or by subsequent grant of
the application, found the adverse finding not to be
disqualifying, it need not be reported again and the
applicant may respond "Yes" to this item. However, an
adverse finding that has not been reported to the
Commission and considered in connection with a prior
application would require a "No" response.
Where the response to Item 6 is "No," the applicant must
provide in an exhibit a full disclosure of the persons and
matters involved, including an identification of the court or
administrative body and the proceeding (by dates and file
numbers), and the disposition of the litigation. Where the
requisite information has been earlier disclosed in
connection with another pending application, or as required
by 47 C.F.R. Section 1.65(c), the applicant need only
provide an identification of that previous submission by
reference to the file number in the case of an application,
the call letters of the station regarding which the application
or Section 1.65 information was filed, and the date of filing.
The applicant should also fully explain why the adverse
finding is not an impediment to a grant of this application.
Applicants must also comply with the separate alien equity
ownership benchmark restrictions of Section 310. Under
the second prong of the analysis, an applicant 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.
E. Item 7: 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. Any such
applicant seeking Commission consent to exceed this 25%
benchmark in Section 310(b)(4) of the Act must do so by
filing a petition for declaratory ruling pursuant to Section
1.5000 et seq. of the Commission’s rules.
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 must determine the
citizenship of interest holders who are known or should be
known to the company in its ordinary course of business,
including: (1) registered shareholders; (2) officers,
directors, and employees; (3) interest holders reported to
the Securities and Exchange Commission; (4) beneficial
owners identified in annual or quarterly reports and proxy
statements; and (5) any other interest holders that are
actually known to the company, such as through
transactions, litigation, proxies, or any other source.
Statistical sampling surveys are no longer necessary.
Although direct inquiry and publicly available resources
may be used to determine citizenship of known or shouldbe-known interest holders, street addresses are not
7
sufficient for this purpose. For more detailed information
on identifying and calculating foreign interests, see 2016
Foreign Ownership Order, paras. 44-72.
(4)
If the combined total foreign ownership (foreign voting
interests and foreign equity interests) identified under this
methodology does not exceed 25%, a declaratory ruling is
not necessary to grant the application. A subsidiary or
affiliate of a licensee already named in a foreign
ownership declaratory ruling may rely on that ruling, and
by certifying compliance with the provisions of Section
310 of the Communications Act of 1934, as amended,
relating to interests of aliens and foreign governments,
certifies that it and the licensee named in the declaratory
ruling are in compliance with the terms and conditions of
the original foreign ownership declaratory ruling. See 47
CFR § 1.5004(b).
F.
H. Item 11: 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.
Item 8: 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 8, 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).
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.
G. Item 10: 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)
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 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(j) 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)
Section 1.2112(a) requires that each long-form
application fully disclose the real party or parties in
interest and disclose specified ownership
information, including identifying any party holding
a 10 percent or greater interest in the applicant. See
47 C.F.R. Section 1.2112(a).
Section 1.2112(b) requires each applicant claiming
status as a "small business" to disclose specified
gross revenue information; to list and summarize all
agreements or instruments that support the
applicant's eligibility as a small business, including
the establishment of de facto and de jure control; and
to list and summarize any investor protection
agreements. See 47 C.F.R. Section 1.2112(b).
I.
8
Item 12: Equal Employment Opportunity Program.
Applicants seeking authority to construct a new commercial
broadcast station are required to afford equal employment
opportunity to all qualified persons and to refrain from
discriminating in employment and related benefits on the
basis of race, color, religion, national origin or sex. See 47
C.F.R. Section 73.2080. Pursuant to these requirements, an
applicant who proposes to employ five or more full-time
employees in its station employment unit must establish a
program designed to assure equal employment opportunity
for women and minority groups (that is, Blacks not of
Hispanic origin, Asian or Pacific Islanders, American
Indians or Alaskan Natives, and Hispanics). This program is
submitted to the Commission as the Model EEO Program
on FCC Form 396-A, which should be filed simultaneously
with this application. If an applicant proposes to employ
less than five full-time employees in its station employment
unit, no EEO program for women or minorities need be
filed.
must constitute first or second aural (reception) service, or
first local Tribal-owned commercial transmission service
at the proposed community of license. For purposes of
this item, the definition of “Tribal Lands” is the same as
that set forth at footnote 15 of the Rural First R&O, and
as further set forth at paragraphs 8-10 and 59 of the Rural
Second R&O.
General guidelines for developing an Equal Employment
Opportunity program are set forth in FCC Form 396-A.
J.
Item 13: Petition for Rulemaking/Counterproposal to
Add Channel to FM Table of Allotments.
Petitioners/counter-proponents filing petitions for
rulemaking or counterproposals in rulemaking
proceedings in which they propose to add a new FM
channel allotment to the FM Table of Allotments (47
C.F.R. Section 73.202) must simultaneously file Form 301
with their petition for rulemaking or counterproposal. In
the petition for rulemaking or counterproposal, the
petitioner/counter-proponent must include an expression
of interest in applying for the FM channel allotment
proposed, if allotted. This item requires the applicant, as
part of its formal filing, to certify that, if the FM channel
allotment proposed herein is allotted, it will apply to
participate in the auction.
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 301, 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 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 301 will encompass both the legal and
engineering sections of the application.
K. Item 14: Tribal Priority – Threshold Qualifications.
An applicant applying in a Tribal Threshold
Qualifications window for an allotment added to the FM
Table of Allotments using the Tribal Priority (“Tribal
Allotment”), who was not the original proponent of the
Tribal Allotment at the rulemaking stage, must
demonstrate that it would have been qualified in all
respects to add the particular Tribal Allotment for which it
is applying. See Policies to Promote Rural Radio Service
and to Streamline Allotment and Assignment Procedures,
First Report and Order, 25 FCC Rcd 1583 (2010) (“Rural
First R&O”), modified, Second Report and Order, 26 FCC
Rcd 2556 (2011) (“Rural Second R&O”), modified, Third
Report and Order, 26 FCC Rcd 17642 (2011) (“Rural
Third R&O”). To qualify for the Tribal Priority, and thus
qualify to have added the Tribal Allotment, an applicant
(a) must be a Tribe, a consortium of Tribes, or an entity at
least 51 percent owned or controlled by a Tribe or Tribes,
at least a portion of whose Tribal Lands lie within the
principal community contour of the facility proposed in
the Tribal Allotment (although the 51 or greater percent
Tribal control threshold need not consist of a single Tribe,
the qualifying entity must be 51 percent or more owned or
controlled by Tribes at least a portion of whose Tribal
Lands lie within the proposed station’s principal
community contour); (b) (1) at least 50 percent of the area
within the proposed station’s principal community contour
must cover that Tribe’s Tribal Lands, or (2) the proposed
station’s principal community contour must (i) encompass
50 percent or more of that Tribe’s Tribal Lands, (ii) serve
at least 2,000 people living on Tribal Lands, (iii) the total
population on Tribal Lands residing within the proposed
station’s service contour must constitute at least 50
percent of the total covered population (and, in the case of
either (b)(1) or (b)(2), the proposed station’s principal
community contour must not cover more than 50 percent
of the Tribal Lands of a Tribe that is not a party to the
application); (c) the proposed community of license must
be located on Tribal Lands; and (d) the proposed station
B. General Engineering Instructions for Sections III-A, B,
C, & D. The engineering section relevant to each service
covered by this form -- AM, FM, and TV -- 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. Additionally,
individual "Tech Boxes" in Section III-A for Daytime,
Nighttime, and Critical Hours operations have been
provided to facilitate both preparation and evaluation of the
application. See 47 C.F.R Sections 73.14 and 73.187.
An indication as to the specific transmitter make and model
is not required by FCC Form 301. Rather, any permit
authorizing construction will require installation of a typeaccepted transmitter or one complying with the provisions
of 47 C.F.R. Section 73.1660. Applicants for AM facilities
are reminded of the maximum rated power limitations on
transmitters imposed by 47 C.F.R. Section 73.1665.
Similarly, we no longer require the applicant to list the
specific make, manufacturer, model number and number of
bays for FM directional antennae. That data will be required
by any subsequently filed application for covering license.
Applicants for AM facilities must provide a site map, which
is critical for determining the exact distances and relations
between towers in an AM array. Applicants for FM and TV
facilities need not submit a site map.
AM directional antenna patterns submitted pursuant to 47
C.F.R. Sections 73.150 and 73.152 (standard patterns and
modified standard patterns) are to be tabulated using units
of millivolts per meter at one kilometer.
The latitude and longitude coordinates for all points in the
United States are based upon the 1927 North American
9
Datum (NAD 27). The National Geodetic Survey is in the
process of replacing NAD 27 with the more accurate 1983
North American Datum (NAD 83) and updating current
topographic maps with NAD 83 datum. In addition,
coordinates determined by use of the satellite-based Global
Positioning System already reflect the NAD 83 datum. To
prevent intermixing of data using two different sources, the
Commission has announced that, until further notice, all
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 that have already filed
applications with coordinates reflecting NAD 83 datum
must provide NAD 27 coordinates to the appropriate
Commission licensing bureau. See Public Notice, "FCC
Interim Procedures for the Specification of Geographic
Coordinates," 3 FCC Rcd 1478 (1988). Accordingly,
applicants should use NAD 27 in furnishing the information
in "Tech Box" Section III-A, Items 4b, 5b, and 6b (AM
applicants), Section III-B, Items 3-4 (FM applicants),
Section III-C, Item 4 (TV applicants), and Section III-D,
Item 4 (DTV applicants).
for exposure or cannot exercise control over their exposure.
Members of the general public are always considered under
this category when exposure is not employment-related.
Occupational/controlled exposure limits apply to human
exposure to RF fields when persons are exposed as a
consequence of their employment and in which those
persons who are exposed have been made fully aware of the
potential for exposure and can exercise control over their
exposure. These limits also apply where exposure is of a
transient nature as a result of incidental passage through a
location where exposure levels may be above the general
populations/uncontrolled limits as long as the exposed
person has been made fully aware of the potential for
exposure and can exercise control over his or her exposure
by leaving the area or some other appropriate means.
The new guidelines are explained in more detail in OET
Bulletin 65, entitled Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields, Edition 97-01, released August,
1997, and Supplement A: Additional Information for Radio
and Television Broadcast Stations (referred to here as "OET
Bulletin 65" and "Supplement A," respectively). Both OET
Bulletin 65 and Supplement A can be viewed and/or
downloaded from the FCC Internet site at
http://www/fcc.gov/oet/rfsafety.
Copies can also be
purchased from the Commission's duplicating/research
contractor, International Transcription Services, Inc., 1231
20th Street, N.W., Washington, D.C. 20036 (telephone:
(202) 857-3800; fax: (202) 857-3805).
Additional
information may be obtained from the RF Safety Group at
[email protected] or (202) 418-2464 or from the FCC Call
Center at 1-888-CALL FCC (225-5322).
C. Environmental Protection Act: Section III-A, Item 11;
Section III-B, Item 17. 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 and modifications of
existing stations 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 relatively selfexplanatory, except for the evaluation of whether the station
adequately protects the public and workers from potentially
harmful radiofrequency (RF) electromagnetic fields.
Worksheet #3 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 III-A, Item
11 (AM applicants) and Section III-B, Item 17 (FM
applicants).
Their use is voluntary, but strongly
encouraged.
The RF worksheets and tables appended to Worksheet 3
below will enable certain categories of stations to determine
whether or not the proposed facility will have a significant
environmental impact as defined by 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.
New 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:
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
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
10
not exceed the RF radiation exposure guidelines at locations
where humans are likely to be present, or describing
measures or circumstances which will prevent or discourage
humans from entering those areas where the RF exposure
exceeds the guidelines (e.g., fencing or remote location).
The guidelines are explained in more detail in OET Bulletin
65.
informed of the date of such notification.
E. SECTION III-A (AM ENGINEERING)
1.
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.
Item 1: Frequency. The proposed frequency must be
between 535 and 1705 kHz.
Item 2: Class. See Section 73.21.
Item 3: Hours of operation. No new daytime-only,
share time, or specified hours stations are allowed.
Should the applicant be unable to conclude that its proposal
will have no significant impact on the quality of the human
environment, it must submit an Environmental Assessment
containing the following information:
(1)
(2)
(3)
(4)
(5)
Tech Box. The applicant must ensure that the facility
specifications listed in items 1-6 of the Tech Box are
accurate. Conflicting data found elsewhere in the
application will be disregarded. All items must be
completed. The response "on file" is not acceptable.
The response "not applicable" is not acceptable unless
otherwise noted below.
Items 4 - 6: See Sections 73.150 and 73.160.
Power - The nominal power must be rounded as
follows:
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.
Nominal Power (kW)
0.001 to 0.249
0.25 to 0.99
1.0 to 9.9
10.0 to 50.0
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.
Rounded to nearest figure (kW)
0.001
0.01
0.1
1.0
Antenna Location - If a directional array is proposed,
list the coordinates of the center of the array.
Antenna Parameters - The proposed antenna
parameters must be submitted according to these
specifications:
A statement as to whether construction of the
facilities has been a source of controversy on
environmental grounds in the local community.
RMS Values
4 significant digits.
Azimuth of augmentation
and Span
nearest 0.1 degree.
Augmented radiation
4 significant digits.
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.
Array Parameters - The proposed array parameters
must be submitted according to these specifications:
Tower height
Field ratio
Phase
Spacing
Orientation
If relevant, a statement why the site cannot meet the
FCC guidelines for RF exposure with respect to the
public and workers.
nearest 0.1 degree/meters.
3 significant digits.
nearest 0.1 degree.
nearest 0.1 degree.
nearest 0.1 degree.
Tower reference switch - The tower reference switch
is set as follows:
D. Notifications.
All applicants must comply with the
requirements of 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
Blank or 0
1
11
with respect to origin.
with respect to
immediately preceding
tower.
Top-loaded/Sectionalized (A, B, C, D)
Blank or 0
normal tower.
1
top-loaded tower.
2 and up
sectionalized tower.
-A scale in meters.
Antenna Site Map - A 7.5 minute U.S. Geological
Survey topographic quadrangle map, if available, must
be submitted that clearly shows the proposed antenna
site accurately plotted, latitude and longitude lines
clearly marked and a scale in kilometers.
Proposed toploading tower: Applicants must provide
electrical heights in A and B, where A is the physical
height of the tower, in electrical degrees, and B is the
difference, in electrical degrees, between the apparent
electrical height (based on current distribution) of the
tower and the physical height of the tower.
Aerial Photographs - A sufficient number of aerial
photographs taken in clear weather at appropriate
altitudes and angles to permit identification of all
structures in the vicinity. The photographs must be
marked so as to show compass directions, exact
boundary lines of the proposed site, and a map showing
the proposed 1000 mV/m contour for both the day and
night operation. Photographs taken in eight different
directions from an elevated position on the ground will
be acceptable in lieu of the aerial photographs if the
data referred to above can be clearly shown.
Proposed Sectionalized tower: Applicants must
provide electrical heights in A, B, C, and D, where A is
the physical height of the lower section of the tower, in
electrical degrees, B is the difference, in electrical
degrees, between the apparent electrical height (based
on current distribution) of the lower section of the
tower and the physical height of the lower section of
the tower, C is the physical height of the entire tower,
in electrical degrees, and D is the difference between
the apparent electrical height of the tower (based on
current distribution of the upper section ) and the
physical height of the entire tower. D will be zero if
the sectionalized tower is not top-loaded.
2.
Contour Maps - For daytime operation, applicants must
submit a map or maps having appropriate scales,
showing the 1000, 5, 2, and 0.5 (0.1 if Class A) mV/m
daytime contours for both existing and proposed
facilities. The map showing the 5 mV/m contour must
clearly show the legal boundaries of the principal
community to be served.
For critical hours operation, applicants must submit a
map or maps having appropriate scales, showing the
1000, 5, and 0.5 mV/m critical hours contours for both
existing and proposed facilities. The map showing the
5 mV/m contour must clearly show the legal
boundaries of the principal community to be served.
Certifications. Items 7-11 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for
AM stations.
Item 7: Broadcast Facility. The applicant must
certify that it complies with the Commission's
engineering standards and assignment requirements for
AM stations. Applicants must submit and provide, as
applicable, the following information:
For nighttime operation, applicants must submit a map
or maps having appropriate scales, showing the 1000
mV/m and coverage contours (the proposed 5 mV/m
nighttime groundwave contour, or the nighttime
interference-free contour, whichever is the greater
value) for both existing and proposed facilities. The
map showing the nighttime coverage contour must
clearly show the legal boundaries of the principal
community to be served.
Top loaded or sectionalized antenna - Antenna must be
fully described. Apparent electrical height values must
be included. See Sections 73.150 and 73.160.
Non-directional Antenna - The theoretical efficiency
(see Section 73.14) based on Figure 8 of Section
73.190 and adjusted for ground losses must be
submitted.
See Sections 73.24(e), 73.33, 73.37, 73.45, 73.150,
73.152, and 73.182(a)-(i).
Item 8: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission's AM community coverage requirements.
See Section 73.24(i). For all AM stations, the daytime
5 mV/m contour must cover the entire principal
community to be served. Additionally, however:
Directional Antenna Specifications - Engineering data
specified in Sections 73.150 or 73.152 must be
submitted for each proposed directional antenna.
Antenna Site Plat - Antenna Site Plat must clearly show
the following items:
-Boundary lines, roads, railroads, other obstructions,
and the ground system or counterpoise.
-Number and dimensions of ground radials or height
and dimensions of counterpoise.
-Spacing and orientation of each element in the array
with respect to true north.
(1)
12
For stations in the 535-1605 kHz band, 80%
of the principal community must be
encompassed by the nighttime 5 mV/m contour
or the nighttime interference-free contour,
whichever value is higher, see Section
73.182(k); and
(2)
separation of the station(s) involved. The technical
exhibit for this item must contain an allocation study
that includes the following information:
For stations in the 1605-1705 kHz band,
50% of the principal community is
encompassed by the nighttime 5 mV/m contour
or the nighttime interference-free contour,
whichever value is higher, see Section
73.182(k).
(1)
Protected and interfering contours for the
proposed facility.
(2)
Protected and interfering contours of all
relevant existing stations and proposed
facilities to demonstrate that there is no
prohibited contour overlap caused or received
by the proposed facility. If prohibited overlap
is predicted to occur, the applicant must submit
appropriate justification for waiver of Section
73.37.
(3)
Transmitter locations, call signs, and file
numbers of each existing station and proposed
facility included in the above-specified contour
overlap analysis.
(4)
Properly labeled longitude
markings and a distance scale.
Class D stations holding nighttime authorizations do
not need to demonstrate nighttime principal community
coverage.
Item 9: Main Studio Location. The applicant must
certify that its proposed main studio location complies
with the requirements of Section 73.1125. In order to
answer "Yes" to this question, the applicant's proposed
main studio must be either (1) within the principal
community contour of any station licensed to that
community; or (2) within 25 miles from the reference
coordinates of the center of its community of license.
A community's reference coordinates are generally the
coordinates listed in the United States Department of
the Interior publication entitled Index to the National
Atlas of the United States. An alternative reference
point, if none is listed in the Atlas, is the coordinate of
the community's main Post Office.
and
latitude
Item 10 also requires that any applicant on a frequency
between 1605 KHz and 1705 KHz certify that it
complies with the Commission's AM interference
standards specified in Section 73.37(f) and the Report
and Order in MM Docket No. 87-267, 6 FCC Rcd
6273 (1991).
In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted
equipment and capable of originating programming at
any time. Additionally, the studio must be staffed by at
least one management-level employee and one stafflevel employee at all times during regular business
hours. See Jones, Eastern of the Outer Banks, Inc., 6
FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800
(1992), aff'd 10 FCC Rcd 3759 (1995). Additionally,
each AM. FM, and TV broadcast station must at all
times maintain a toll-free telephone line from its
community of license to its main studio, wherever
located.
Section 73.182 contains general allotment standards,
including specified signal strength contours which are
to be protected from objectionable nighttime skywave
signal interference. If a proposal involves nighttime
operation, the applicant must submit a technical Exhibit
containing an allocation study that includes the
following information:
Item 10: Interference. An applicant for a station on a
frequency between 535 kHz and 1605 kHz must certify
that it complies with the Commission's AM interference
standards. In order to be approved, the applicant must
meet all pertinent interference analyses: groundwave,
skywave, and critical hours. While not every AM
proposal will need to be analyzed under each mode of
interference -- a proposal for or to modify daytime
operation only will not need a nighttime skywave study
-- the applicant must submit an Exhibit providing
specific technical data with respect to each applicable
section.
Section 73.37 bars the acceptance of an application for
AM facilities if the proposed operation would create
overlap of certain specified signal-strength groundwave
contours; the signal strengths vary with the frequency
13
(1)
Nighttime Channel Study: (a) the relevant
existing and proposed nighttime limitations
which contribute to the 50% "root sum square"
("RSS") of the proposed facility, (b) the
existing and proposed nighttime limitations
which enter into the 25% and 50% RSS
nighttime limitation of each existing station and
proposed facility. If interference is predicted to
occur, the applicant must submit appropriate
justification for waiver of Section 73.182.
(2)
Skywave Study: The protected groundwave,
skywave, and interfering contours of all
relevant existing co- and first-adjacent-channel
Class A stations and proposed facilities, to
demonstrate that there is no prohibited contour
overlap caused or received by the proposed
facility. If prohibited overlap is predicted to
occur, the applicant must submit appropriate
justification for waiver of Section 73.182.
(3)
Nighttime Groundwave Study: The protected
and interfering groundwave contours of all
relevant existing second- and third-adjacent
channel stations and proposed facilities, to
demonstrate that there is no prohibited contour
overlap caused or received by the proposed
facility. If prohibited overlap is predicted to
occur, the applicant must submit appropriate
justification for waiver of Section 73.37.
(5)
The population (according to the latest
Census data) of the proposed community of
license.
(6)
Where relevant to establish the precondition
of a licensable community, a description of
the civic, cultural, religious, social and
commercial attributes of the proposed
community of license.
(7)
In the case of an AM station proposal for first
local transmission service under Priority (3),
where relevant to demonstrate that the
proposed facility at the new community of
license “could not be modified” to cover 50
percent or more of an Urbanized Area, a
certification that there could be no rulecompliant minor modifications to the
proposal, based on the proposed antenna
configuration or site, and spectrum
availability as of the filing date, that could
cause the station to place a principal
community contour over 50 percent or more
of an Urbanized Area.
(8)
Where (a) the community of license of the
proposed facility is located in an Urbanized
Area, or (b) the proposed facility places, or
could be modified to place (using the criteria
listed in item (7) above) a principal
community signal over 50 percent or more of
an Urbanized Area, and to the extent the
applicant wishes to rebut the Urbanized Area
service presumption, a showing (a) that the
proposed community is truly independent of
the Urbanized Area, (b) of the community’s
specific need for an outlet for local
expression separate from the Urbanized Area
and (c) the ability of the proposed station to
provide that outlet. See Policies to Promote
Rural Radio Service and to Streamline
Allotment and Assignment Procedures,
Second Report and Order, First Order on
Reconsideration, and Second Further Notice
of Proposed Rulemaking, MB Docket No. 0952, FCC 11-28, 26 FCC Rcd 2556, 2572-74,
2577 ¶¶ 30, 38 (rel. Mar. 3, 2011) (“Rural
Second Report and Order”).
(9)
In the case of an AM station proposal under
Priority (4), a description of all populations
gaining or losing third, fourth, or fifth
reception service, and the percentage of the
population in the station’s current protected
contour that will lose third, fourth, or fifth
reception service.
(10)
In the case of an AM station proposal under
Priority (4), the sizes of the populations
Section 73.187 specifies limitations on critical-hour
daytime radiation. "Critical Hours" are the two hours
after local sunrise and the two hours before local
sunset. Applicants that propose critical-hour operation
must submit an Exhibit containing an allocation study
that includes the following information:
The 0.1 mV/m groundwave contour in pertinent arcs in
the direction of protected co-channel Class A station
and appropriate studies to establish compliance with
Section 73.187.
Item 12: Community of License Change – Section
307(b). Section 307(b) of the Communications Act
of 1934, as amended (47 U.S.C. § 307(b)) provides
that the Commission shall, in considering
modifications of licenses, “make such distribution of
licenses, frequencies, hours of operation, and of
power among the several States and communities as
to provide a fair, efficient, and equitable distribution
of radio service to each of the same.” If this
application is being submitted to change an existing
AM facility’s community of license, then the
applicant must include an exhibit containing
information demonstrating that the proposed change
of community of license will result in a preferential
arrangement of assignments under Section 307(b),
compared to the existing station assignment. The
exhibit may include any and all information the
applicant deems relevant to the Commission’s
consideration, but should include at a minimum the
following:
(1)
If new technical facilities are proposed, the
area and population within the proposed 2
mV/m and 0.5 mV/m contours of the station.
(2)
If new technical facilities are proposed, the
area and population within the proposed
nighttime interference-free contour of the
station.
(3)
The number of stations licensed to the
proposed new community of license.
(4)
The number of stations providing protected
service to the proposed community of license.
14
gaining and losing service under the proposal,
a detailed summary of the numbers of
services those populations will receive if the
application is granted, and an explanation as
to how the proposal advances the revised
Section 307(b) priorities in the Rural Second
Report and Order. For example, an applicant
might detail that 50,000 people would receive
20 or more services, 10,000 would receive
between 15 and 20 services, 7,000 would
receive between 10 and 15 services, etc.,
under the proposed new service.
The
showing should state what service the
modified facility would represent to the
majority of the population gaining new
service, e.g., the 16th service to 58 percent of
the population, and the corresponding service
that the majority of the population losing
service would lose, e.g., 60 percent of the
current coverage population would lose the
ninth reception service. New service or
service losses to underserved listeners should
be detailed. The applicant must also provide
a rationale to explain how the service changes
described
represent
a
preferential
arrangement of allotments or assignments.
(11)
and Order, MB Docket No. 09-52, 25 FCC Rcd 1583
(2010).
The above Section 307(b)-based restrictions will be
applied for the period beginning with issuance of the
Section 307(b) disposition letter, until the conclusion
of four years of on-air operations. The restrictions do
not apply to construction permits that are awarded on
a non-comparative basis, such as those awarded to
non-mutually exclusive applicants, or through
settlement.
Item 13(a) requires the applicant to indicate whether
the AM facility that is the subject of this application
was awarded on the basis of a dispositive Section
307(b) preference. Answer “yes” if the subject
facility received a dispositive Section 307(b)
preference under Priority (1), Priority (2), Priority
(3), or Priority (4).
Item 13(b) applies only to applicants who answered
“yes” to 13(a), and who received a dispositive
Section 307(b) preference based on proposed service
to underserved populations under Priority (1),
Priority (2), or Priority (4), or service totals under
Priority (4). Applicants that received a dispositive
Section 307(b) preference on this basis must certify
and demonstrate in an Exhibit that the facility
proposed in the subject application continues to serve
substantially the same number of persons who would
have received service under the initial proposal
specified in the Form 175 application. See 47 C.F.R.
§ 73.3571(k).
Any other information deemed relevant.
See, e.g., Revision of FM Assignment Policies and
Procedures, 90 F.C.C.2d 88 (1982).
Item 13: Dispositive Section 307(b) Preference.
An AM auction filing window applicant that receives
a dispositive Section 307(b) preference is required to
construct and operate technical facilities substantially
as proposed in its FCC Form 175 application.
Item 13(b) also applies to applicants who answered
“yes” to 13(a), and who received a dispositive
Section 307(b) preference under Priority (3),
indicating a first local transmission service to the
proposed community of license. Applicants that
received a dispositive Section 307(b) preference on
this basis must certify that the community of license
in the subject application is the same community on
which the Section 307(b) preference was based.
An AM applicant that received a dispositive Section
307(b) preference based on its proposed service to
underserved populations (under Priority (1), Priority
(2), or Priority (4)), or service totals (under Priority
(4)), may modify the facilities originally proposed in
its Form 175 application – either in its initial Form
301 long form application, or in a modification to the
authorization awarded on the basis of a dispositive
Section 307(b) preference - so long as it continues to
serve substantially the same number of persons who
would have received service under the initial Form
175 auction filing window proposal. The term
“substantially” means that any proposed modification
must not result in a decrease of more than 20 percent
of any population figure that was a material factor in
obtaining the dispositive Section 307(b) preference.
An AM applicant that received a dispositive Section
307(b) preference under Priority (3) is prohibited
from changing its community of license. See Policies
to Promote Rural Radio Service and to Streamline
Allotment and Assignment Procedures, First Report
If the AM facility that is the subject of this
application was awarded on the basis of a dispositive
Section 307(b) preference under either Priority (1),
Priority (2), Priority (3), or Priority (4), and the
applicant has already completed four years of on-air
operations at the time of filing the subject application,
thus satisfying the required four-year holding period
for such stations, the applicant should answer “yes” to
item 13(c). Applicants not meeting the four-year
holding period should answer “no” to item 13(c) and
explain their response in an Exhibit.
F.
15
SECTION III-B (FM ENGINEERING)
1.
proposing a directional antenna must complete the
table in Item 12. Relative field values (0.001-1.000)
must be entered for every 10 degrees on the unit circle.
Up to five azimuths may be added at the bottom of the
table for additional accuracy. If the "No Rotation" box
is checked, the antenna pattern will be entered with 0
Degrees oriented towards True North in the
Commission's database. However, if the "Rotation"
question is completed the antenna pattern will be
rotated clockwise by the number of whole degrees
indicated in the "Rotation" box. For example, if the
maximum relative field value from the table is 0
Degrees, and the Rotation is 135 Degrees, the
maximum lobe of the antenna will be oriented at 135
Degrees in the Commission's database.
Tech Box: The applicant must accurately specify the
requested facilities in Items 1 through 12 of the Tech
Box.
Conflicting data found elsewhere in the
application will be disregarded. All items must be
completed. The response "on file" is not acceptable.
The response "not applicable" is not acceptable unless
otherwise noted below.
Item 1: Channel. The proposed channel must be
between 200 and 300. See Section 73.201.
Item 2: Class. The proposed class must meet the
requirements in Sections 73.210 and 73.211.
Item 3: Antenna Location Coordinates. The
proposed antenna site must be specified using North
American Datum 27 (NAD 27) coordinates. Please
indicate North or South Latitude, and East or West
Longitude.
2.
Item 4:
Proposed Allotment or Assignment
Coordinates. If proposing a new or modified vacant
allotment or a modified assignment (that is, channels
and communities occupied by or reserved for
authorized facilities), the proposed allotment or
assignment site must be specified using NAD27
coordinates. Allotment or assignment sites must
comply with the requirements in Section 73.203 (b),
and/or 73.3573(g) (Including that it must be fully
spaced under Section 73.207, and must provide 70
dBu coverage to 100 percent of the community of
license pursuant to Section 73.315).
If the
application is not proposing a new or modified
allotment or a modified assignment, the applicant
should check “Not Applicable.”
Certifications. Items 13-17 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for
FM stations.
Item 13: Availability of Channels. The applicant
must certify that it complies with the Commission’s
requirements for FM Channel availability, Section
73.203. In order to answer “Yes” to this question, the
applicant must either propose to use an existing
allotment in, or add a new allotment to the FM Table
of Allotments, or propose the modification of an
assignment. See Section 73.202. If the allotment is
not listed in the Table of Allotments, or if a modified
assignment is proposed, the applicant certifies that the
proposed facility complies with the requirements set
forth in Section 73.203(b), and/or 73.3573(g). See
Amendment of the Commission’s Rules to Permit FM
Channel and Class Modifications by Application,
Report and Order, 8 FCC Rcd 4735 (1993) and
Revision of Procedures Governing Amendment to FM
Table of Allotments and Changes of Community of
License in the Radio Broadcast Services, Report and
Order, MB Docket No. 05-210, FCC 06-163 (adopted
Nov. 3, 2006). Applicants proposing a co-channel
downgrade, pursuant to Revision of Section
73.3573(a)(1) of the Commission’s Rules Concerning
the Lower Classification of an FM Allotment, Report
and Order, 4 FCC Rcd 2413 (1989), are not required
to specify a fully-spaced assignment site.
Item 5: Antenna Structure Registration Number.
The Antenna Structure Registration number should be
entered here. Most towers greater than 61 meters (200
feet) in height, or those located near airports require
antenna registration numbers. See Section 17.4. If the
tower does not require registration, indicate that
registration is Not Applicable, or if the FAA has not yet
ruled on a proposed structure, indicate whether the
FAA Notification has been filed with the FAA.
Items 6-9: Elevation and Heights. All heights must
be in meters, rounded to the nearest whole number.
Item 14: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission's community coverage requirements. See
Section 73.315. In order to answer "Yes" to this
question, the proposed 3.16 mV/m contour must cover
the entire principal community to be served, using the
standard prediction method from Section 73.313. If
compliance with Section 73.315 is based on alternative
prediction methods, exhibits must be submitted
demonstrating compliance with all appropriate rule
sections.
Items 10-11: Effective Radiated Power. The
effective radiated power must be entered in kilowatts,
and rounded pursuant to Section 73.212. Applicants
proposing a beam-tilt antenna must complete Item 11.
Item 12: Directional Antenna. If a directional
antenna is proposed, the directional antenna must
comply with Section 73.316. Applicants need not
submit the exact antenna manufacturer, make, model,
and size along with FCC Form 301. Applicants
16
demonstrating that the proposal complies with Section
73.213(b) and/or (c).
Item 15: Main Studio Location. The applicant must
certify that its proposed main studio location complies
with the requirements of Section 73.1125. In order to
answer "Yes" to this question, the applicant's proposed
main studio must be either (1) within the principal
community contour of any station licensed to that
community; or (2) less than 25 miles from the
reference coordinates of the center of its community of
license. A community's reference coordinates are
generally the coordinates listed in the United States
Department of the Interior publication entitled Index to
the National Atlas of the United States. An alternative
reference point, if none is listed in the Atlas, is the
coordinates of the community's main Post Office.
If the applicant is proposing a spacing less than that
specified in Section 73.207 but wishes to be processed
under the contour protection standards of Section
73.215, the applicant should (1) mark box 16e, (2) list
all stations for which it proposes to employ contour
protection, and (3) supply the exhibit(s) demonstrating
that the proposal complies with Section 73.215.
Item 18: Community of License Change – Section
307(b). Section 307(b) of the Communications Act
of 1934, as amended (47 U.S.C. § 307(b)) provides
that the Commission shall, in considering
modifications of licenses, “make such distribution of
licenses, frequencies, hours of operation, and of
power among the several States and communities as
to provide a fair, efficient, and equitable distribution
of radio service to each of the same.” If this
application is being submitted to change an existing
FM facility’s community of license, then the applicant
must include an exhibit containing information
demonstrating that the proposed change of
community of license will result in a preferential
arrangement of allotments or assignments under
Section 307(b), compared to the existing allotment or
assignment. The exhibit may include any and all
information the applicant deems relevant to the
Commission’s consideration, but should include at a
minimum the following:
In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted
equipment and capable of originating programming at
any time. Additionally, the studio must be staffed by at
least one management-level employee and one stafflevel employee at all times during regular business
hours. See Jones, Eastern of the Outer Banks, Inc., 6
FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800
(1992), aff'd 10 FCC Rcd 3759 (1995). Additionally,
each AM, FM, and TV broadcast station must at all
times maintain a toll-free telephone line from its
community of license to its main studio, wherever
located.
Item 16: Interference. The applicant must certify
that the proposal complies with the Commission's
spacing, contour overlap, and interference protection
provisions. In order to answer "Yes" to this question,
the applicant must submit exhibits as noted. All
exhibits must contain sufficient information to
demonstrate that the proposed facility complies with
the applicable rule sections.
If the proposed facility will be fully-spaced under
Section 73.207, the applicant need mark only the box
in item 16a.
If the subject application proposes to modify a licensed
station that is currently short-spaced, the applicant must
mark the applicable boxes 16b-16d and submit
appropriate exhibits.
If the station is "grandfathered" due to its authorization
prior to the adoption of the FM Table of Allotments in
1964, the applicant should (1) mark box 16b, (2) list
the stations to which its licensed facility is currently
short-spaced, and (3) supply an exhibit demonstrating
that the proposal complies with Section 73.213(a).
If the station is short-spaced by virtue of a spacingwaiver grant or a rule change after 1964, the applicant
should (1) mark box 16c or 16d as appropriate, (2) list
all stations to which the licensed facility is short-spaced
under these rules, and (3) supply the exhibit(s)
17
(1)
If new technical facilities are proposed, the
area and population within the proposed 70
dbµ and 60 dbµ contours of the station.
(2)
The number of stations licensed to the
proposed new community of license.
(3)
The number of stations providing protected
service to the proposed community of license.
(4)
The population (according to the latest
Census data) of the proposed community of
license.
(5)
Where relevant to establish the precondition
of a licensable community, a description of
the civic, cultural, religious, social and
commercial attributes of the proposed
community of license.
(6)
In the case of an FM station proposal for first
local transmission service under Priority (3),
where relevant to demonstrate that the
proposed facility at the new community of
license “could not be modified” to cover 50
percent or more of an Urbanized Area, a
certification: (a) that there could be no rule-
compliant minor modification on the
proposed channel to provide a principal
community signal over 50 percent or more of
an Urbanized Area, in addition to covering
the proposed community of license; and (b)
that there are no existing towers in the area to
which, at the time of filing, the applicant’s
antenna could be relocated pursuant to a
minor modification application to serve 50
percent of more of an Urbanized Area. In
making these certifications, the applicant
must consider all existing registered towers in
the
Commission’s
Antenna
Structure
Registration database, in addition to any
unregistered towers currently used by
licensed radio stations, and must consider
widely-used techniques, such as directional
antennas and contour protection, when
certifying that its proposal could not be
modified to provide a principal community
signal over the community of license and 50
percent or more of an Urbanized Area.
(7)
services those populations will receive if the
application is granted, and an explanation as
to how the proposal advances the revised
Section 307(b) priorities in the Rural Second
Report and Order. For example, an applicant
might detail that 50,000 people would receive
20 or more services, 10,000 would receive
between 15 and 20 services, 7,000 would
receive between 10 and 15 services, etc.,
under the proposed new service.
The
showing should state what service the
modified facility would represent to the
majority of the population gaining new
service, e.g., the 16th service to 58 percent of
the population, and the corresponding service
that the majority of the population losing
service would lose, e.g., 60 percent of the
current coverage population would lose the
ninth reception service. New service or
service losses to underserved listeners should
be detailed. The applicant must also provide
a rationale to explain how the service changes
described
represent
a
preferential
arrangement of allotments or assignments.
Where (a) the community of license of the
proposed facility is located in an Urbanized
Area, or (b) the proposed facility places, or
could be modified to place (using the criteria
listed in item (6) above) a principal
community signal over 50 percent or more of
an Urbanized Area, and to the extent the
applicant wishes to rebut the Urbanized Area
service presumption, a showing (a) that the
proposed community is truly independent of
the urbanized area, (b) of the community’s
specific need for an outlet for local
expression separate from the Urbanized Area
and (c) the ability of the proposed station to
provide that outlet. See Policies to Promote
Rural Radio Service and to Streamline
Allotment and Assignment Procedures,
Second Report and Order, First Order on
Reconsideration, and Second Further Notice
of Proposed Rulemaking, MB Docket No. 0952, FCC 11-28, 26 FCC Rcd 2556, 2572-74,
2577 ¶¶ 30, 38 (rel. Mar. 3, 2011) (“Rural
Second Report and Order”).
(8)
In the case of an FM station proposal under
Priority (4), a description of all populations
gaining or losing third, fourth, or fifth
reception service, and the percentage of the
population in the station’s current protected
contour that will lose third, fourth, or fifth
reception service.
(9)
In the case of an FM station proposal under
Priority (4), the sizes of the populations
gaining and losing service under the proposal,
a detailed summary of the numbers of
(10)
Any other information deemed relevant.
See, e.g., Revision of FM Assignment Policies and
Procedures, 90 F.C.C.2d 88 (1982).
G. SECTION III-C (TV Engineering)
1.
Tech Box. The applicant must ensure that the facility
specifications listed in items 1-11 of the Tech Box are
accurate. Conflicting data found elsewhere in the
application will be disregarded. All items must be
competed. The response "on file" is not acceptable.
The response "not applicable" is not acceptable unless
otherwise noted.
Item 11e.: Directional Antenna. If a directional
antenna is proposed, the directional antenna must
comply with 47 C.F.R. Sections 73.682(a)(14) and
73.685, and the applicant must submit an exhibit
demonstrating such compliance. See Section 73.685.
2.
Certifications. Items 12-17 set forth a series of
certifications concerning the Commission's technical
allotment standards and operational requirements for
TV stations. The applicant must certify that the
proposed facility complies with the Commission's
allotment requirements for TV stations, Section 73.607.
Item 12: Allotment. The applicant must certify
compliance with the allotment requirements contained
in 47 C.F.R. Section 73.607, i.e., that the application
specifies a channel and community in accordance with
the Commission's Table of Television Allotments, 47
18
C.F.R. Section 73.606.
requirements and the showing called for if an
Environmental Assessment is required, applicants are
directed to Instruction C of Section III.
Item 13: Power and Antenna Height. The applicant
must certify that it complies with the maximum and
minimum power and antenna height requirements
specified in 47 C.F.R. Section 73.614.
H. SECTION III-D (DTV ENGINEERING)
Item 14: Community Coverage. The applicant must
certify that the proposed facility complies with the
Commission's community coverage requirements. The
principal community contour is as follows for
television stations:
1.
Certifications Checklist. Items 1-5 set forth a series
of certifications concerning the Commission's technical
allotment standards and operational requirements for
DTV stations.
Item 1: The applicant must certify compliance with
the digital television channel allotment and operational
requirements contained in 47 C.F.R. Section 73.622.
Specifically, this question requires that the applicant
certify that (a) the application specifies a channel and
community in accordance with the Commission's Table
of Television Allotments, 47 C.F.R. Section 73.622(b)
or (i), (b) it will operate a pre-transition facility with a
transmitting antenna located within 5 kilometers of the
DTV reference coordinates for the station, as
referenced in Section 73.622(d) and set forth in the
Sixth Report and Order in MM Docket No. 87-268, 12
FCC Rcd 14588 (1997), (c) it will operate with pretransition facilities that do not exceed the power and
antenna height maxima specified in Section 73.622(f),
(d) it will operate at post-transition facilities that do
not expand the noise-limited service contour in any
direction beyond that established by Appendix B of
the Seventh Report and Order in MB Docket No. 87268 establishing the new DTV Table of Allotments in
47 C.F.R. § 73.622(i), and (e) it will operate at posttransition facilities that match or reduce by no more
than five percent with respect to predicted population
from those defined in the new DTV Table Appendix
B.
Channels 2 -6:
74 dB
Channels 7-13: 77 dB
Channels 14-69: 80 dB
To determine if the proposed facility complies with the
requirements of Section 73.685(a) and (b), the
predicted distance to the pertinent signal-strength
contour must be calculated using the standard
methodology in 47 C.F.R. Section 73.684.
Item 15: Main Studio Location. The applicant must
certify that its proposed main studio location complies
with the requirements of 47 C.F.R. Section 73.1125. In
order to answer "Yes" to this question, the applicant's
proposed main studio must be either (1) within the
principal community contour of any station licensed to
that community; or (2) within 25 miles from the
reference coordinates of the center of its community of
license. A community's reference coordinates are
generally the coordinates listed in the United States
Department of the Interior publication entitled Index to
the National Atlas of the United States. An alternative
reference point, if none is listed in the Atlas, is the
coordinates of the community's main Post Office.
If any of items 1(a)-1(c) are answered "No," in an
application facility, the applicant must demonstrate in
response to Section III-D, Item 11 that the proposal
will not cause or increase interference to any other
DTV broadcast application, DTV allotment, or analog
TV broadcast authorization. Interference is to be
predicted for pre-transition facilities in accordance with
the procedure set forth in Appendix B of the Sixth
Report and Order in MM Docket No. 87-268. See 47
C.F.R. Section 73.623.
In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted
equipment and capable of originating programming at
any time. Additionally, the studio must be staffed by at
least one management-level employee and one stafflevel employee at all times during regular business
hours. See Jones, Eastern of the Outer Banks, Inc., 6
FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800
(1992), aff'd 10 FCC Rcd 3759 (1995). Additionally,
each AM. FM, and TV broadcast station must at all
times maintain a toll-free telephone line from its
community of license to its main studio, wherever
located.
If any of items 1(a), 1(d)-(e) are answered “No” in an
application of a post-transition facility, the applicant
will not qualify for expedited processing. Interference
is to be predicted for post-transition facilities in
accordance with the procedure set forth in the Third
DTV Periodic Report and Order in MB Docket No.
07-91. See 47 C.F.R. Sections 73.616 and 73.623.
Item 16: Separation Requirements: The applicant
must certify that the proposed facility complies with the
minimum distance separation between television
stations set forth in 47 C.F.R. Section 73.610.
Item 3: Community Coverage. The applicant must
certify that the proposed facility complies with the
Item 18: Environmental Protection Act.
For
information pertaining to the FCC's new RF exposure
19
Commission's community coverage requirements. The
principal community contour is as follows for digital
television stations:
established in the FCC Order that created or made final
modifications to the Post-Transition DTV Table of
Allotments, 47 C.F.R. Section 73.622(i), and the
corresponding facilities for the station’s channel
assignment as set forth in that FCC Order. See 47
C.F.R. Section 73.626(c)(2) of the rules.
Channels 2-6:
28 dB
Channels 7-13: 36 dB
Channels 14-69: 41 dB
Item 4. The applicant must provide the file number of
its current license or construction permit.
To determine if the proposed facility complies with the
requirements of Section 73.625(a) and (b), the
predicted distance to the pertinent signal-strength
contour must be calculated using the standard
methodology in 47 C.F.R. Section 73.625(b).
I.
.
2.
Tech Box. The applicant must ensure that the facility
specifications listed in items 1-10 of the Tech Box are
accurate. Conflicting data found elsewhere in the
application will be disregarded. All items must be
competed. The response "on file" is not acceptable.
The response "not applicable" is not acceptable unless
otherwise noted.
3.
Item 18: Environmental Protection Act.
For
information pertaining to the FCC's new RF exposure
requirements and the showing called for if an
Environmental Assessment is required, applicants are
directed to Instruction C of Section III.
Item 8. DTS facility. The proposed DTS facility must
comply with the requirements of 47 C.F.R. Section
73.626.
Item 8a. The applicant must comply with 47 C.F.R.
Section 73.626(f)(1) which states: An application
proposing use of a DTS will not be accepted for filing
unless the combined coverage from all of the DTS
transmitters covers all of the applicant’s authorized
service area. See 47 C.F.R. Section 73.626(f)(1).
Item 8b. The applicant must comply with 47 C.F.R.
Section 73.626(f)(2) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter’s coverage is contained
within either (1) the DTV station’s Table of Distances
area or (2) its authorized service area, except where such
extension of coverage beyond the station’s authorized
service area is of a minimal amount and necessary to
meet the requirements of 47 C.F.R. Section
73.626(f)(1). See 47 C.F.R. Section 73.626(f)(2). The
coverage for each DTS transmitter is determined based
on the F(50,90) field strength given in the Table of
Distances, calculated in accordance with 47 C.F.R.
Section 73.625(b). The combined coverage of a DTS
station is the logical union of the coverage of all DTS
transmitters.
See 47 C.F.R. Section 73.626(d).
Applicants proposing a DTS facility with coverage that
extends beyond the station’s authorized service area
must attach an Exhibit showing that such extension of
coverage is only of a minimal amount. Furthermore, the
applicant must show that its proposed DTS facility is
necessary to adequately serve the population inside of a
station’s authorized service area. See 47 C.F.R. Section
73.626(f)(1) and (2).
SECTION III-E (DTS ENGINEERING)
1.
GENERAL QUESTIONS.
The DTV station
applicant must complete the following questions that
relate to the station’s proposed DTS facility as a whole.
See 47 C.F.R. Section 73.626 of the rules.
Table of Distances. The following Table of Distances
describes (by channel and zone) a station’s maximum
service area that can be obtained in applying for a DTS
authorization. See 47 C.F.R. Section 73.626(c). The
distances represent circles within which DTS station
coverage contours must be contained.
Channel
Zone (see
47 C.F.R.
Section
73.609)
F(50,90)
field
strength
Distance from
reference point
2-6
1
28 dBu
108 km. (67 mi.)
2-6
2 and 3
28 dBu
128 km. (80 mi.)
7-13
1
36 dBu
101 km. (63 mi.)
7-13
2 and 3
36 dBu
123 km. (77 mi.)
14-51
1, 2 and 3
41 dBu
103 km. (64 mi.)
Item 8c. The applicant must comply with 47 C.F.R.
Section 73.626(f)(3) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter’s coverage is contiguous
with at least one other DTS transmitter’s coverage. See
47 C.F.R. Section 73.626(f)(3).
Item 8d. The applicant must comply with 47 C.F.R.
Section 73.626(f)(4) which states: An application
proposing use of a DTS will not be accepted for filing
unless the coverage from one or more DTS
transmitter(s) is shown to provide principal community
coverage as required in 47 C.F.R. Section 73.625(a).
Item 3. DTS Reference Point Coordinates for Table
of Distances. A station’s DTS reference point is
20
See 47 C.F.R. Section 73.626(f)(4). In cases where the
DTS applicant proposes to use multiple transmitters to
comply with 47 C.F.R. Section 73.625(a), the applicant
must attach an Exhibit explaining whether the
interaction between the signals from the different
transmitters may make reception difficult or impossible
in some part of the overlapping coverage areas. The
Commission will disallow proposals that fail to address
this concern.
corresponding to 350 degrees TN so that the direction(s)
of maximum and minimum radiation are provided. A
relative field value of 1 shall correspond to the azimuth
and depression angles corresponding to the direction of
maximum ERP.
FCC NOTICE REQUIRED BY THE PAPERWORK
REDUCTION ACT
We have estimated that each response to this collection of
information will take from 3 to 6.25 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 (3060-0027), 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 3060-0027.
Item 8e. The applicant must comply with 47 C.F.R.
Section 73.626(f)(5) which states: An application
proposing use of a DTS will not be accepted for filing
unless the “combined field strength” of all the DTS
transmitters in a network does not cause interference to
another station in excess of the criteria specified in 47
C.F.R. Section 73.616, where the combined field
strength level is determined by a “root-sum-square”
calculation, in which the combined field strength level at
a given location is equal to the square root of the sum of
the squared field strengths from each transmitter in the
DTS network at that location.. See 47 C.F.R. Section
73.626(f)(5).
Item 8f. The applicant must comply with 47 C.F.R.
Section 73.626(f)(6) which states: An application
proposing use of a DTS will not be accepted for filing
unless each DTS transmitter is located within either (1)
the DTV station’s Table of Distances area or (2) its
authorized service area.
See 47 C.F.R. Section
73.626(f)(6).
.
2. TECH BOX (site-specific questions). The applicant
must complete these questions for each transmitter site
in the proposed DTS facility. The applicant must
ensure that the facility specifications listed in items 1-9
of the Tech Box are accurate. Conflicting data found
elsewhere in the application will be disregarded. All
items must be competed. The response “on file” is not
acceptable. The response “not applicable” is not
acceptable unless otherwise noted.
THE FOREGOING NOTICE IS REQUIRED BY THE
PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. 3507.
Item 9g. Required Exhibit. The applicant must attach
as an Exhibit all data specified in 47 C.F.R. Section
73.625(c). The elevation antenna (or radiation) pattern
data must be submitted in Office Open XML (“Excel
Spreadsheet”) format with the first column containing
depression angle values and second (and subsequent,
when applicable) column(s) containing relative field
values. When applicable, the first row shall list the
azimuth angle being tabulated. The range of depression
angles shall be 10 degrees above horizontal (-10 degrees
depression) to 90 degrees below horizontal (90 degrees
depression) and shall include data points spaced not
more than 0.5-degree between -5 and 10 degrees
depression angle, and not more than 5 degrees
elsewhere. All pattern minima and maxima shall be
included. Additional elevation antenna (or radiation)
pattern data may be included following the column
21
Federal Communications Commission
Washington, D. C. 20554
Approved by OMB
3060-0027
FOR
FCC
USE
ONLY
FCC 301
APPLICATION FOR CONSTRUCTION PERMIT
FOR COMMERCIAL BROADCAST STATION
FOR COMMISSION USE ONLY
FILE NO.
Section I - General Information
1
Legal Name of the Applicant
Mailing Address
City
State or Country (if foreign address)
Telephone Number (include area code)
E-Mail Address (if available)
FCC Registration Number
2.
Call Sign
ZIP Code
Facility ID Number
Firm or Company Name
Contact Representative (if other than applicant)
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 1.1114):
Governmental Entity
4.
ZIP Code
Other
Application Purpose.
New Station
Major Modification of construction permit
New Station with Petition for Rulemaking or
Counterproposal to Amend FM Table of Allotments
Minor Modification of construction permit
Major Amendment to pending application
New Station with Petition for Rulemaking or
Counterproposal to Amend FM Table of Allotments
using Tribal Priority
Minor Amendment to pending application
Major Change in licensed facility
Minor Change in licensed facility
N/A
a. File number of original construction permit:
b. Service Type:
c. DTV Type:
d. Community of License:
e. Facility Type:
FM
AM
Pre-Transition
TV
Post-Transition
DTS
Both
State
City
Main
DTV
Auxiliary
If an amendment, submit as an Exhibit a listing by Section and Question Number of the
portions of the pending application that are being revised.
Exhibit No.
FCC Form 301
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.
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.
Parties to the Application.
No
List the applicant, and, if other than a natural person, its officers, directors, stockholders and other entities with
attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable
interest in the applicant, list separately its officers, directors, stockholders and other entities with attributable interests,
non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if
necessary.
a.
(2) Citizenship.
(3) Positional Interest: Officer, director, general
partner, limited partner, LLC member,
investor/creditor attributable under the
Commission's equity/debt plus standard, etc.
(4) Percentage of votes.
(5) Percentage of total assets (equity plus debt).
(1) Name and address of the applicant and each party to
the application holding an attributable interest (if other
than individual also show name, address and
citizenship of natural person authorized to vote the
stock or holding the attributable interest). List the
applicant first, officers next, then directors and,
thereafter, remaining stockholders and other entities
with attributable interests, and partners.
(1)
b.
Yes
(2)
(3)
Applicant certifies that equity and financial interests not set forth above are
non-attributable.
(4)
(5)
Yes
No
See Explanation
in Exhibit No.
N/A
3.
Other Authorizations. List call signs, locations, and facility identifiers of all other
broadcast stations in which applicant or any party to the application has an attributable
interest.
4.
Multiple Ownership.
a.
Is the applicant or any party to the application the holder of an attributable radio or
television joint sales agreement or an attributable radio or television time brokerage
agreement in the same market as the station subject to this application?
If "YES,'' radio applicants must submit as an Exhibit a copy of each such agreement
for radio stations.
FCC Form 301 (Page 2)
Exhibit No.
Yes
Exhibit No.
N/A
No
Section II - Legal
b.
Applicant certifies that the proposed facility complies with the Commission's multiple
ownership rules and cross-ownership rules.
Radio applicants only: If ''Yes,'' submit an Exhibit providing information regarding the
market, broadcast station(s), and other information necessary to demonstrate
compliance with 47 C.F.R. § 73.3555(a).
No
Yes
See Explanation
in Exhibit No.
All Applicants: If ''No,'' submit as an Exhibit a detailed explanation in support of an
exemption from, or waiver of, 47 C.F.R § 73.3555.
c.
Applicant certifies that the proposed facility:
(1) does not present an issue under the Commission's policies relating to media
interests of immediate family members;
(2) complies with the Commission's policies relating to future ownership interests; and
Yes
No
See Explanation
in Exhibit No.
(3) complies with the Commission's restrictions relating to the insulation and nonparticipation of non-party investors and creditors.
d.
Does the Applicant claim status as an "eligible entity," that is, an entity that qualifies as
a small business under the Small Business Administration's size standards for its
industry grouping (as set forth in 13 C.F.R. § 121-201), and holds:
(1) 30 percent or more of the stock or partnership interests and more than 50 percent of
the voting power of the corporation or partnership that will own the media outlet; or
Yes
No
See Explanation
in Exhibit No.
(2) 15 percent or more of the stock or partnership interests and more than 50 percent of
the voting power of the corporation or partnership that will own the media outlet,
provided that no other person or entity owns or controls more than 25 percent of the
outstanding stock or partnership interests; or
(3) more than 50 percent of the voting power of the corporation that will own the media
outlet (if such corporation is a publicly traded company)?
All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of
status as an eligible entity.
5.
Character Issues. Applicant certifies that neither applicant nor any party to the application
a.
b.
Yes
No
See Explanation
in Exhibit No.
any broadcast application in any proceeding where character issues were left
unresolved or were resolved adversely against the applicant or party to the
application; or
any pending broadcast application in which character issues have been raised.
6.
Adverse Findings. Applicant certifies that, with respect to the applicant and any party to
the application, 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.
7.
Alien Ownership and Control. Applicant certifies that it complies with the provisions of
Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens
and foreign governments.
Yes
No
See Explanation
in Exhibit No.
8.
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
9.
Local Public Notice. Applicant certifies that it has or will comply with the public notice
requirements of 47 C.F.R. Section 73.3580.
Yes
No
FCC Form 301 (Page 3)
10.
Auction Authorization. If the application is being submitted to obtain a construction
permit for which the applicant was the winning bidder in an auction, then the applicant
certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit
containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a)
and 1.2112(b), if applicable.
Yes
No
N/A
Exhibit No.
An exhibit is required unless this question is inapplicable.
11.
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
12.
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
13.
Petition for Rulemaking/Counterproposal to Add New FM Channel to FM Table of
Allotments. If the application is being submitted concurrently with a Petition for
Rulemaking or Counterproposal to Amend the FM Table of Allotments (47 C.F.R. Section
73.202) to add a new FM channel allotment, petitioner/counter-proponent certifies that, if
the FM channel allotment requested is allotted, petitioner/counter- proponent will apply to
participate in the auction of the channel allotment requested and specified in this
application.
Yes
No
14.
Tribal Priority - Threshold Qualifications. Is the Applicant applying for an FM
allotment set forth in a Public Notice announcing a Tribal Threshold Qualifications
window? An Applicant answering "Yes" must provide an Exhibit demonstrating that it
would have been qualified to add the allotment for which it is applying using the Tribal
Priority.
Yes
No
FCC Form 301 (Page 4)
Exhibit No.
N/A
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
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).
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 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 301 (Page 5)
SECTION III - A AM 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.
Frequency:
2.
Class:
3.
Hours of Operation:
4.
Daytime Operation:
kHz
A
C
B
Unlimited
a.
Power:
b.
Antenna Location Coordinates: (NAD 27)
c.
D
Limited
Daytime
Share Time
Specified Hours:
Yes
No
Yes
No
kW
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Nondirectional:
If ''Yes,'' complete the following items. If additional space is needed, please
provide the information requested below in an Exhibit.
Exhibit No.
mV/m per kW at 1 km
Theoretical
Tower
Overall height above ground
(include obstruction lighting)
(meters)
Antenna structure registration
Number
Notification filed with
FAA
Not applicable
Height of radiator above base
insulator, or above base, if grounded
(meters)
Electrical height of radiator
(degrees)
Top-Loaded/Sectionalized
apparent height (degrees)
A
B
C
D
FCC Form 301 (Page 6)
TECH BOX - DAYTIME OPERATION
d. Directional:
Yes
If ''Yes,'' complete the following items. If additional space is needed, please provide
the information requested below in an Exhibit.
Theoretical
mV/m at 1 km
Standard RMS:
mV/m at 1 km
Towers
Overall height above ground
2
1
No
Exhibit No.
3
4
(include obstruction lighting)
(meters)
Antenna structure
registration
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
Not applicable
Not applicable
Not applicable
Not applicable
with FAA
Height of radiator above base
insulator, or above base, if
grounded (meters)
Electrical height of radiator
(degrees)
Field ratio
Phase (degrees)
Spacing (degrees)
Tower orientation (degrees)
Tower reference switch
Top-Loaded/Sectionalized
apparent height (degrees)
A
B
C
D
Yes
Augmented:
If ''Yes,'' complete the following:
mV/rn at 1 krn
Augmented RMS:
Azimuth
FCC Form 301 (Page 7)
Span
Augmentation radiation
(mV/m at 1 km)
No
TECH BOX - NIGHTTIME OPERATION
5.
Nighttime Operation:
a.
Power:
b.
Antenna Location Coordinates: (NAD 27)
c.
Yes
No
Yes
No
kW
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Nondirectional:
If ''Yes,'' complete the following items. If additional space is needed, please provide
the information requested below in an Exhibit.
Exhibit No.
mV/m per kW at 1 km
Theoretical
Tower
Overall height above ground
(include obstruction lighting)
(meters)
Antenna structure registration
Number
Notification filed with
FAA
Not applicable
Height of radiator above base
insulator, or above base, if grounded
(meters)
Electrical height of radiator
(degrees)
Top-Loaded/Sectionalized
apparent height (degrees)
A
B
C
D
FCC Form 301 (Page 8)
TECH BOX - NIGHTTIME OPERATION
d. Directional:
Yes
If ''Yes,'' complete the following items. If additional space is needed, please provide the
information requested below in an Exhibit.
Theoretical
mV/m at 1 kin
Standard RMS:
mV/rn at 1 kin
Towers
1
No
Exhibit No.
2
3
4
Overall height above ground
(include obstruction lighting)
(meters)
Antenna structure
registration
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Not applicable
Not applicable
Not applicable
Not applicable
Height of radiator above base
insulator, or above base, if
grounded (meters)
Electrical height of radiator
(degrees)
Field ratio
Phase (degrees)
Spacing (degrees)
Tower orientation (degrees)
Tower reference switch
Top-Loaded/Sectionalized
apparent height (degrees)
A
B
C
D
Augmented:
Yes
If ''Yes,'' complete the following:
mV/m at 1 km
Augmented RMS:
Azimuth
FCC Form 301 (Page 9)
Span
Augmentation radiation
No
TECH BOX - CRITICAL HOURS OPERATION
6.
Critical Hours Operation:
a.
Power:
b.
Antenna Location Coordinates: (NAD 27)
c.
Yes
No
Yes
No
kW
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Nondirectional:
If ''Yes,'' complete the following items. If additional space is needed, please
provide the information requested below in an Exhibit.
Exhibit No.
mV/m per kW at 1 km
Theoretical
Tower
Overall height above ground
(include obstruction lighting)
(meters)
Antenna structure registration
Number
Notification filed with
FAA
Not applicable
Height of radiator above base
insulator, or above base, if grounded
(meters)
Electrical height of radiator
(degrees)
Top-Loaded/Sectionalized
apparent height (meters)
A
B
C
D
FCC Form 301 (Page 10)
TECH BOX - CRITICAL HOURS OPERATION
d. Directional:
Yes
if ''Yes,'' complete the following items. If additional space is needed, please provide
the information requested below in an Exhibit.
Theoretical
mV/m at 1 km
Standard RMS:
mV/m at 1 km
Towers
Overall height above ground
(include obstruction lighting)
1
2
No
Exhibit No.
3
4
(meters)
Antenna structure
registration
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Number
Notification filed
with FAA
Not applicable
Not applicable
Not applicable
Not applicable
Height of radiator above base
insulator, or above base, if
grounded (meters)
Electrical height of radiator
(degrees)
Field ratio
Phase (degrees)
Spacing (degrees)
Tower orientation (degrees)
Tower reference switch
Top-Loaded/Sectionalized
apparent height (degrees)
A
B
C
D
Augmented:
Yes
If ''Yes,'' complete the following:
mV/m at 1 km
Augmented RMS:
Azimuth
FCC Form 301 (Page 11)
Span
Augmentation radiation
No
NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be
submitted for each question for which a ''No'' response is provided.
CERTIFICATION
7.
Broadcast Facility. The proposed facility complies with the engineering standards and
assignment requirements of 47 C.F.R. Sections 73.24(e), 73.24(g), 73.33, 73.45, 73.150,
73,152, 73.160, 73.182(a)-(i), 73.186, 73.189, 73.1650. Exhibit Required.
Yes
No
See Explanation
in Exhibit No.
Exhibit No.
8.
Community Coverage. The proposed facility complies with community coverage
requirements of 47 C.F.R. Section 73.24(i).
Yes
No
See Explanation
in Exhibit No.
9.
Main Studio Location. The proposed main studio location complies with requirements of
47 C.F.R. Section 73.1125.
Yes
No
See Explanation
in Exhibit No.
10.
Interference. The proposed facility complies with all of the following applicable rule
sections. Check all those that apply. An exhibit is required for each applicable section.
Yes
No
See Explanation
in Exhibit No.
Yes
No
See Explanation
in Exhibit No.
Yes
No
Groundwave.
Exhibit No.
a.
47 C.F.R. Section 73.37
Skywave.
Exhibit No.
47 C.F.R. Section 73.182.
Critical Hours.
c.
47 C.F.R. Section 73.187.
Exhibit No.
b.
11. Environmental Protection Act. The proposed facility is excluded from environmental
processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant
environmental impact and complies with the maximum permissible radio frequency
electromagnetic exposure limits for controlled and uncontrolled environments). Unless the
applicant can determine compliance through the use of the RF worksheets in Appendix A,
an Exhibit is required.
By checking ''Yes'' above, the applicant also certifies that it, in coordination with other
users of the site, will reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radio frequency electromagnetic exposure
in excess of FCC guidelines.
12. Community of License Change - Section 307(b). If the application is being submitted to
change the facility's community of license, then the applicant certifies that it has attached
an exhibit containing information demonstrating that the proposed community of license
change constitutes a preferential arrangement of assignments under Section 307(b) of the
Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).
N/A
Exhibit No.
An exhibit is required unless this question is not applicable.
13.
Dispositive Section 307(b) Preference
a.
Was the AM facility that is the subject of this application awarded on the basis of a
dispositive Section 307(b) preference?
b.
If yes to 13(a), applicant certifies that: (i) the community of license proposed in the
subject application is the same as that on which the Section 307(b) preference was
based,
or
application
is
preference was based.
c.
If yes to 13(a) and no to 13(b), applicant certifies that, although in the subject
application it proposes to: (i) change the community of license, or (ii) modify service
to the area on which the Section 307(b) preference was based, it has for a period of
four years of on-air operations: (1) served the community of license, or (2) provided
full service to the area on which the Section 307(b) preference was based.
PREPARER'S CERTIFICATION ON PAGE 5 MUST BE COMPLETED AND SIGNED.
Yes
No
Yes
No
Exhibit No.
(ii)
N/A
substantially
Yes
No
Exhibit No.
FCC Form 301 (Page 12)
SECTION III-B FM Engineering
TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this
application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.
TECH BOX
1.
Channel:
2.
Class:
3.
Antenna Location Coordinates: (NAD 27)
A
B1
B
C3
°
'
"
°
'
"
Proposed Allotment or Assignment
Coordinates: (NAD 27)
4.
C2
C1
N
S Latitude
E
W Longitude
C
D
C0
Not applicable
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Antenna Structure Registration Number:
5.
FAA Notification Filed with FAA
Not applicable
6.
Overall Tower Height Above Ground Level:
meters
7.
Height of Radiation Center Above Mean Sea Level:
meters (H)
meters (V)
8.
Height of Radiation Center Above Ground Level:
meters (H)
meters (V)
9.
Height of Radiation Center Above Average Terrain:
meters (H)
meters (V)
10.
Effective Radiated Power:
kW (H)
kW (V)
kW (H)
kW (V)
11. Maximum Effective Radiated Power:
(Beam-Tilt Antenna ONLY)
12.
Not applicable
Directional Antenna Relative Field Values:
°
Rotation:
Degree
Value
Degree
Value
Not applicable (Nondirectional)
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 301 (Page 13)
Value
NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be
submitted for each question for which a ''No'' response is provided.
CERTIFICATION
AUXILIARY ANTENNA APPLICANTS ARE NOT REQUIRED TO RESPOND TO ITEMS 13-16.
PROCEED TO ITEM 17.
13.
Availability of Channels. The proposed facility complies with the allotment
requirements of 47 C.F.R. Section 73.203.
Yes
No
See Explanation
in Exhibit No.
14.
Community Coverage. The proposed facility complies with 47 C.F.R. Section 73.315.
Yes
No
See Explanation
in Exhibit No.
15.
Main Studio Location. The proposed main studio location complies with 47 C.F.R.
Section 73.1 125.
Yes
No
See Explanation
in Exhibit No.
16.
Interference. The proposed facility complies with all of the following applicable rule
sections. Check all those that apply.
Yes
No
See Explanation
in Exhibit No.
Separation Requirements.
a.
47 C. F. R. Section 73.207.
Grandfathered Short-Spaced.
b.
47 C.F.R. Section 73.213(a) with respect to station(s):
Exhibit Required.
Exhibit No.
c.
47 C.F.R. Section 73.213(b) with respect to station(s):
Exhibit Required.
Exhibit No.
d.
47 C.F.R. Section 73.213(c) with respect to station(s):
Exhibit Required.
Exhibit No.
Contour Protection.
e.
17.
47 C.F.R. Section 73.215 with respect to station(s):
Exhibit Required.
Environmental Protection Act. The proposed facility is excluded from environmental
processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant
environmental impact and complies with the maximum permissible radio frequency
electromagnetic exposure limits for controlled and uncontrolled environments). Unless the
applicant can determine compliance through the use of the RF worksheets in Appendix A,
an Exhibit is required.
Exhibit No.
Yes
No
Yes
No
See Explanation
in Exhibit No.
By checking ''Yes'' above, the applicant also certifies that it, in coordination with other
users of the site, will reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radio frequency electromagnetic exposure
in excess of FCC guidelines.
18. Community of License Change - Section 307(b). If the application is being submitted to
change the facility's community of license, then the applicant certifies that it has attached
an exhibit containing information demonstrating that the proposed community of license
change constitutes a preferential arrangement of allotments or assignments under Section
307(b) of the Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).
N/A
Exhibit No.
An exhibit is required unless this question is not applicable.
PREPARER'S CERTIFICATION ON PAGE 5 MUST BE COMPLETED AND SIGNED.
FCC Form 301 (Page 14)
SECTION III - C TV Engineering
TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All
items must be completed. The response ''on file'' is not acceptable.
TECH BOX
1.
Channel Number:
2.
Offset:
3.
Zone:
4.
Antenna Location Coordinates: (NAD 27)
5.
Plus
Minus
I
Zero
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Antenna Structure Registration Number:
Not applicable
6.
III
II
FAA Notification Filed with FAA
Height of Radiation Center Above Mean Sea Level:
meters
7.
Overall Tower Height Above Ground Level:
meters
8.
Height of Radiation Center Above Ground Level:
meters
9.
Height of Radiation Center Above Average Terrain:
meters
10.
Maximum Effective Radiated Power (ERP):
kW
11.
Antenna Specifications:
Model
Manufacturer
a.
b.
Electrical Beam Tilt:
degrees
C.
Mechanical Beam Tilt:
degrees toward azimuth
Not Applicable
degrees True
Exhibit No.
Attach as an Exhibit all data specified in 47 C.F.R. Section 73.685.
d.
Polarization:
FCC Form 301 (Page 15)
Horizontal
Not Applicable
Circular
Elliptical
TECH BOX
Directional Antenna Relative Field Values:
e.
Rotation:
Degree
Value
Degree
Value
Not applicable (Nondirectional)
°
Degree
No rotation
Value
Degree
Value
Degree
Value
Degree
0
60
120
180
240
300
10
70
130
190
250
310
20
80
140
200
260
320
30
90
150
210
270
330
40
100
160
220
280
340
50
110
170
230
290
350
Value
Additional
Azimuths
If a directional antenna is proposed, the requirements of 47 C.F.R. Sections
73.682(a)(14) and 7' ).685 must be satisfied. Exhibit required.
Exhibit No.
NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be
submitted for each question for which a ''No'' response is provided.
CERTIFICATION
12.
Allotment. The proposed facility complies with 47 C.F.R. Section 73.607.
Yes
No
See Explanation
in Exhibit No.
13.
Power and Antenna Height. The proposed facility complies with 47 C.F.R. Section
73.614.
Yes
No
See Explanation
in Exhibit No.
14.
Community Coverage. The proposed facility complies with 47 C.F.R. Sections 73.685(a)
and (b).
Yes
No
See Explanation
in Exhibit No.
15.
Main Studio Location. The proposed main studio location complies with 47 C.F.R.
Section 73.1125.
Yes
No
See Explanation
in Exhibit No.
FCC Form 301 (Page 16)
16. Separation Requirements.
The proposed facility complies with the separation
requirements 47 C.F.R. Section 73.610.
17.
Objectionable Interference. The applicant accepts full responsibility in accordance with
47 C.F.R. Sections 73.685(d) and (g) for the elimination of any objectionable interference
(including that caused by intermodulation) to facilities in existence or authorized prior to
the grant of this application.
18.
Environmental Protection Act. The proposed facility is excluded from environmental
processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant
environmental impact and complies with the maximum permissible radio frequency
electromagnetic exposure limits for controlled and uncontrolled environments).
No
See Explanation
in Exhibit No.
Yes
No
See Explanation
in Exhibit No.
Yes
No
See Explanation
in Exhibit No.
Exhibit No.
If ''Yes,'' submit as an Exhibit a brief explanation of why an Environmental Assessment is
not required. Also describe therein the steps that will be taken to limit RF radiation
exposure to the public and to persons authorized access to the tower site.
By checking ''Yes'' above, the applicant also certifies that it, in coordination with other
users of the site, will reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radio frequency electromagnetic exposure
in excess of FCC guidelines.
If ''No,'' submit as an Exhibit an Environmental Assessment required by 47 C.F.R. Section
1.1311.
PREPARER'S CERTIFICATION IN SECTION III MUST BE COMPLETED AND SIGNED.
FCC Form 301 (Page 17)
Yes
SECTION III - D - DTV Engineering
Complete Questions 1-5, and provide all data and information for the proposed facility, as requested in Technical
Specifications, Items 1-13.
Pre-Transition Certification Checklist: An application concerning a pre-transition channel must complete questions 1(a)-(c), and
2-5. A correct answer of ''Yes'' to all of the questions will ensure an expeditious grant of a construction permit application to modify
pre-transition facilities. However, if the proposed facility is located within the Canadian or Mexican borders, coordination of the
proposal under the appropriate treaties may be required prior to grant of the application. An answer of ''No'' will require additional
evaluation of the applicable information in this form before a construction permit can be granted.
Post-Transition Expedited Processing. An application concerning a post-transition channel must complete questions 1(a), (d)-(e),
and 2-5. A station applying for a construction permit to build its post-transition channel will receive expedited processing if its
application (1) does not seek to expand the noise-limited service contour in any direction beyond that established by Appendix B of
the Seventh Report and Order in MB Docket No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. § 73.622(i)
(''new DTV Table Appendix B''); (2) specifies facilities that match or closely approximate those defined in the new DTV Table
Appendix B facilities; and (3) is filed on or before March 17, 2008 (45 days of the Report and Order in the Third DTV Periodic
Review proceeding, MB Docket No. 07-91).
1.
The proposed DTV facility complies with 47 C.F.R. Section 73.622 in the following respects:
(a)
It will operate on the DTV channel for this station as established in 47 C.F.R. Section 73.622.
Yes
No
(b)
It will operate a pre-transition facility from a transmitting antenna located within 5.0 km (3.1
miles) of the DTV reference site for this station as established in 47 C.F.R. Section 73.622.
Yes
No
(c)
It will operate a pre-transition facility with an effective radiated power (ERP) and antenna height
above average terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for this
station as established in 47 C.F.R. Section 73.622.
Yes
No
(d)
It will operate at post-transition facilities that do not expand the noise-limited service contour in
any direction beyond that established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. § 73.622(i)
(''new DTV Table Appendix B'').
Yes
No
(e)
2.
It will operate at post-transition facilities that match or reduce by no more than five percent with
respect to predicted population from those defined in the new DTV Table Appendix B.
The proposed facility will not have a significant environmental impact, including exposure of workers
or the general public to levels of RIF radiation exceeding the applicable health and safety guidelines,
and therefore will not come within 47 C.F.R. Section 1.1307.
N/A
Yes
No
N/A
Yes
No
Yes
No
Yes
No
Yes
No
Applicant must submit the Exhibit called for in Item 13.
3.
Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will
encompass the allotted principal community.
4.
The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations,
radio receiving installations and FCC monitoring stations have either been satisfied or are not
applicable.
5.
The antenna structure to be used by this facility has been registered by the Commission and will not
require reregistration to support the proposed antenna, OR the FAA has previously determined that the
proposed structure will not adversely effect safety in air navigation and this structure qualifies for later
registration under the Commission's phased registration plan, OR the proposed installation on this
structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.
FCC Form 301 (Page 18)
SECTION III - D DTV Engineering
TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this
application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.
TECH BOX
1.
Channel Number:
2.
Zone:
3.
Antenna Location Coordinates: (NAD 27)
4.
DTV
Analog TV, if any
II
I
III
°
'
"
°
'
"
N
S Latitude
E
W Longitude
Antenna Structure Registration Number:
FAA Notification Filed with FAA
Not applicable
5.
Antenna Location Site Elevation Above Mean Sea Level:
6.
Overall Tower Height Above Ground Level:
meters
meters
7.
Height of Radiation Center Above Ground Level:
meters
8.
Height of Radiation Center Above Average Terrain:
meters
9.
Maximum Effective Radiated Power (average power):
kW
10.
Antenna Specifications:
Model
Manufacturer
a.
b.
Electrical Beam Tilt:
degrees
c.
Mechanical Beam Tilt:
degrees toward azimuth
Not Applicable
degrees True
Exhibit No.
Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).
d.
Polorization:
FCC Form 301 (Page 19)
Horizontal
Not Applicable
Circular
Elliptical
TECH BOX
Directional Antenna Relative Field Values:
e.
Rotation:
Degree
Value
Degree
Value
Not applicable (Nondirectional)
°
Degree
No rotation
Value
Degree
Value
Degree
Value
Degree
0
60
120
180
240
300
10
70
130
190
250
310
20
80
140
200
260
320
30
90
150
210
270
330
40
100
160
220
280
340
50
110
170
230
290
350
Value
Additional
Azimuths
If a directional antenna is proposed, the requirements of 47 C.F.R. Section 73.625(c)
must be satisfied. Exhibit required.
Does the proposed facility satisfy the pre-transition interference protection provisions of
47 C.F.R. Section 73.623(a) (Applicable only if Certification Checklist Items 1(a), (b),
or (c) are answered ''No.'') and/or the post-transition interference protection provisions of
47 C.F.R. Section 73.616?
11.
Exhibit No.
Yes
No
Exhibit No.
If ''No,'' attach as an Exhibit justification therefore, including a summary of any related
previously granted waivers.
If the proposed facility will not satisfy the coverage requirement of 47 C.F.R. Section
73.625, attach as an Exhibit justification therefore. (Applicable only if Certification
Checklist Item 3 is answered ''No.'')
12.
13.
Environmental Protection Act. Submit in an Exhibit the following:
a.
Exhibit No.
Exhibit No.
If Certification Checklist Item 2 is answered ''Yes,'' a brief explanation of why an
Environmental Assessment is not required. Also describe in the Exhibit the steps that
will be taken to limit RF radiation exposure to the public and to persons authorized
access to the tower site.
By checking ''Yes'' to Certification Checklist Item 2, the applicant also certifies that
it, in coordination with other users of the site, will reduce power or cease operation as
necessary to protect persons having access to the site, tower or antenna from radio
frequency electromagnetic exposure in excess of FCC guidelines.
If Certification Checklist Item 2 is answered ''No,'' an Environmental Assessment as
required by 47 C.F.R. Section 1.1311.
FCC Form 301 (Page 20)
SECTION III - E DTS Engineering
GENERAL QUESTIONS. Complete the following questions that relate to the proposed DTS facility as a whole.
1.
Channel Number:
2.
Zone:
3.
Reference Point Coordinates for Table of Distances, in accordance with Section 73.626(c) of the rules:
'
"
°
N
S
Latitude
"
'
°
I
II
III
E
W
Longitude
4.
File Number for Current Authorized Service Area:
5.
The proposed DTS facility will operate on the DTV channel for this station as established in
the Post-Transition DTV Table of Allotments, 47 C.F.R. Section 73.622(i).
Yes
No
6.
The proposed DTV station satisfies the interference protection provisions of 47 C.F.R.
Sections 73.616 and 73.626.
Yes
No
Exhibit No.
If "No," attach as an Exhibit justification.
7.
The proposed DTV station satisfies the coverage requirement in 47 C.F.R. Section 73.625 and,
therefore, will encompass the allotted principal community.
Yes
No
Exhibit No.
If "No," attach as an Exhibit justification.
8.
The proposed DTS facility satisfies the requirements in 47 C.F.R. Section 73.626 in the
following respects:
a. The combined coverage from all of the DTS transmitters in the proposed DTS facility
covers all of the station's authorized service area, as required in 47 C.F.R. Section
73.626(f)(1).
Yes
No
Exhibit No.
If "No," attach as an Exhibit justification.
b. Each DTS transmitter's coverage is contained within either the DTV station's Table of
Distances area (47 C.F.R. Section 73.626 (c)) or its authorized service area, except where
such coverage is of a minimal amount and necessary to meet the requirements of 47 C.F.R.
Section 73.626(f)(1).
Yes, coverage entirely contained within station's authorized service area.
Yes, but coverage exceeds station's authorized service area by "minimal amount".
No
Attach as an Exhibit a justification if "No" or if "Yes but coverage exceeds station's
authorized service area by minimal amount".
c. Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's
coverage, as required in 47 C.F.R. Section 73.626(e)(3).
Exhibit No.
Yes
Exhibit No.
If "No," attach as an Exhibit justification.
d.
The coverage from one or more DTS transmitter(s) in the DTS facility provide(s) principal
community coverage, as required in 47 C.F.R. Section 73.626(e)(4).
Yes, one transmitter provides principal community coverage.
Yes, multiple transmitters provide principal community coverage.
No
If "No," or if "Yes, multiple transmitters provide principal community coverage," attach as
an Exhibit justification.
FCC Form 301 (Page 21)
Exhibit No.
No
SECTION III - E DTS Engineering
e. The combined field strength of all of the DTS transmitters in the proposed DTS facility do
not cause interference to another station in excess of the criteria specified in 47 C.F.R.
Section 73.616, as required in 47 C.F.R. Section 73.626(e)(5).
Yes
No
Exhibit No.
If "No," attach as an Exhibit justification.
Note: The combined field strength level shall be determined by a "root-sum-square"
calculation, where the combined field strength level at a given location is equal to the
square root of the sum of the squared field strengths from each transmitter in the DTS
network at that location.
f.
Each DTS transmitter in the proposed DTS facility is located within either the DTV
station's Table of Distances area or its authorized service area.
Yes
No
Exhibit No.
If "No," attach as an Exhibit justification.
9.
Environmental Protection Act.
a. The proposed DTS facility will not have a significant environmental impact, including
exposure of workers or the general public to levels of RF radiation exceeding the limits
specified in 47 C.F.R. Sections 1.1307 and 1.1310.
Yes
No
Exhibit No.
b. Submit in an Exhibit the following for each transmitter site in the proposed DTS facility:
If
"Yes,"
not required. Also describe in the Exhibit the steps that will be taken to limit RF
radiation exposure to the public and to persons authorized access to each transmitter site.
provide
Note: By checking "Yes" to this question, the applicant also certifies that it, in
coordination with other users of each transmitter site, will reduce power or cease
operation as necessary to protect persons having access to each site, transmitter or antenna
from radio frequency electromagnetic exposure in excess of FCC guidelines.
If "No," provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311.
10.
The proposed DTS facility satisfies the requirements of 47 C.F.R. Section 73.1030 regarding
notification to radio astronomy installations, radio receiving installations and FCC monitoring
stations.
11.
The antenna structures to be used by the proposed DTS facility have been registered with the
Commission and will not require re-registration to support the proposed antennas, OR the
FAA has previously determined that the proposed antenna structures will not adversely effect
safety in air navigation and these structures qualify for later registration under the
Commission's phased registration plan, OR the proposed installation on these antenna
structures do not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.
Yes
No
Yes
No
FCC Form 301 (Page 22)
SECTION III - E DTS Engineering
TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this
application will be disregarded. All items must be completed. The response ''on file'' is not acceptable.
TECH BOX
1.
DTS Site Number (x of total number of sites):
2.
Antenna Location Coordinates: (NAD 27):
of
°
'
"
°
'
"
N
S
Latitude
E
W
Longitude
3.
Antenna Structure Registration Number:
4.
Antenna Location Site Elevation Above Mean Sea Level:
meters
5.
Overall Tower Height Above Ground Level:
meters
6.
Height of Radiation Center Above Ground Level:
meters
7.
Height of Radiation Center Above Average Terrain:
meters
8.
Maximum Effective Radiated Power (average power):
kW
9.
Antenna Specifications:
a.
Manufacturer:
b.
Electrical Beam Tilt:
c.
Mechanical Beam Tilt:
degrees
N/A
degrees toward azimuth
Horizontal
Circular
Directional Antenna Relative Field Values:
Value
Degree
Value
degrees True
N/A
Elliptical
Not applicable (Nondirectional)
°
Rotation:
Degree
FAA Notification Filed with FAA
Model:
d. Polarization:
e.
N/A
Degree
No rotation
Value
Degree
Value
Degree
Value
Degree
0
60
120
180
240
300
10
70
130
190
250
310
20
80
140
200
260
320
30
90
150
210
270
330
40
100
160
220
280
340
50
110
170
230
290
350
Additional
Azimuths
If a directional antenna is proposed, the requirements of 47 C.F.R. Section 73.625(c) must be
satisfied. Exhibit required.
FCC Form 301 (Page 23)
Exhibit No.
Value
TECH BOX
f.
Elevation Pattern: Does the proposed antenna propose elevation radiation patterns that vary with
azimuth for reasons other than the use of mechanical beam tilt?
g. Required Exhibit: Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).
Yes
No
Exhibit No.
The elevation antenna (or radiation) pattern data shall be submitted in Office Open XML ("Excel
Spreadsheet") format with the first column containing depression angle values and second (and
subsequent, when applicable) column(s) containing relative field values. When applicable, the first
row shall list the azimuth angle being tabulated. The range of depression angles shall be 10 degrees
above horizontal (-10 degrees depression) to 90 degrees below horizontal (90 degrees depression)
and shall include data points spaced not more than 0.5-degree between -5 and 10 degrees depression
angle, and not more than 5 degrees elsewhere. All pattern minima and maxima shall be included.
Additional elevation antenna (or radiation) pattern data may be included following the column
corresponding to 350 degrees TN so that the direction(s) of maximum and minimum radiation are
provided. A relative field value of 1 shall correspond to the azimuth and depression angles
corresponding to the direction of maximum ERP.
PREPARER'S CERTIFICATION IN SECTION III MUST BE COMPLETED AND SIGNED.
FCC Form 301 (Page 24)
WORKSHEET #1
LOCAL NOTICE CHECKLIST
Applicants must certify that they have complied with Section 73.3580 regarding publication of local notice of the subject
application. This worksheet may be used in responding to Section II, Item 9 of FCC Form 301.
1.
Newspaper notice.
(a) Dates of publication:
(i) All within 30 days of tender of the application?
Yes
No
(b) Daily newspaper published in community?
(i) If yes, public notice must appear twice a week for two consecutive weeks.
Yes
No
(c) No such daily newspaper, weekly newspaper published in community?
(i) If yes, notice must appear once a week for three consecutive weeks.
Yes
No
(a) Once daily for 4 days in the second week following the filing of the application?
Yes
No
(b) At least 2 announcements during ''prime time'' (6 p.m. - 11 p.m. for television) or ''drive time''
(7 a.m. - 9 a.m. and/or 4 p.m. - 6 p.m. for radio), as applicable?
Yes
No
(a) Applicant name(s)
Yes
No
(b) Names of all officers, directors, 10% shareholders (if corporation), all non-insulated partners (if
partnership)
Yes
No
Yes
No
(d) Date on which application was filed
Yes
No
(e) Call letters and frequency/channel of station
Yes
No
(f) Statement that copy of application is available in Public File
Yes
No
(g) Location of public file
Yes
No
(h) Facilities sought: type and class of station
Yes
No
(i) Power sought
Yes
No
(j) Antenna height
Yes
No
(k) Transmitter site
Yes
No
(l) Location of studios
Yes
No
(d) If no such daily or weekly newspaper, local notice must appear in daily newspaper with the
greatest circulation in the community twice a week for two consecutive weeks.
2.
3.
Broadcast notice.
Text: do the announcements contain the following information?
(c) Purpose of application
For FCC Form 301 applicants only:
FCC 301 Worksheet 1
WORKSHEET #2
This Worksheet may be used in connection with Section 11, Item 4 of FCC Form 301 regarding media ownership. For the convenience
of the applicant, the various ownership restrictions are treated under the following separate headings:
A. Multiple Ownership and Cross Ownership; B. Familial Relationships; C. Future Ownership Rights; D. Time Brokerage/Local
Marketing/Joint Sales Agreements; and E. Investor Insulation/Non-party Influence.
A. MULTIPLE OWNERSHIP AND CROSS OWNERSHIP
This section of the worksheet may be used in connection with Section II, Item 4 of FCC Form 301 to determine the applicant's
compliance with the Commission's multiple ownership rules and cross-ownership rules set forth in 47 C.F.R. § 73.3555. Radio
applicants: See also the Commission's Report and Order in MB Dockets 02-277 and 03-130 and MM Dockets 00-244, 01-235 and
01-317, 18 FCC Red 13620 (2003), aff d in part and remanded in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d 372 (3d
Cir. 2004), stay modified, No. 03-3388 (Sept. 3, 2004) (''Report and Order''). The applicant must determine that it complies with all
applicable rules in order to respond ''YES'' to the certification in Item 4b.
NOTE: Such a certification of compliance does not exempt radio applicants from submitting an Exhibit that demonstrates such
compliance, including, if applicable, relevant contour maps.
I. LOCAL RADIO STATION OWNERSHIP
The local radio ownership rules place a numerical limit on the number of stations in which an entity in the local market may have
a cognizable interest. See 47 C.F.R. Sec. 73.3555(a). See also Report and Order, Section on ''Local Radio Ownership Rule.''
1.
Will grant of this application result in the applicant or any party to this application having a cognizable interest in more than
one commercial or noncommercial educational full-power radio station located in (i.e., having its community of license
within) or ''home'' to the same metropolitan area (Metro), as defined by Arbitron and reported by BIA? 1.
Yes
No
If ''Yes,'' provide in your Exhibit the name of the Arbitron Metro; proceed to Items 2 and 3, below. Use a separate worksheet for
each applicable Arbitron Metro (see supra note 1) and provide in the Exhibit the relevant information for all applicable Metros.
If ''No,'' the transaction does not involve stations in an Arbitron Metro; proceed to Item 4.
2. (a) How many commercial and noncommercial educational radio full-power stations are located within or are reported by BIA
as ''home'' to the Metro covered by this worksheet? 2.
The applicant must demonstrate compliance with the local radio ownership rule in each applicable Metro. Use a separate
worksheet for each Metro. Note that BIA may report a particular station as ''home'' to more than one Metro, including embedded or
overlapping Metros. Note also that a station may be reported by BIA as ''home'' to one Metro and have its community of license in a
separate Metro. Each such Metro is ''applicable.''
1.
Include all stations whose community of license is inside the boundaries of the counties that make up the Arbitron Metro. Also
include stations outside the counties that make up the Arbitron Metro if they are reported by BIA as ''home'' to that Metro. The BIA
Database generally includes all of the stations in a Metro. See also supra note 1.
2.
FCC 301 Worksheet 2
(b) How many full-power commercial AM stations in the Metro will be attributable to the applicant or any party to this application
if the application is approved?
(c) How many full-power commercial FM stations in the Metro will be attributable to the applicant or any party to this application
if the application is approved?
(d) Total number of commercial stations in the Metro that will be attributable to the applicant or any party to this application if the
application is approved: 3.
If the applicant will own both commercial and noncommercial educational radio broadcast stations in the Metro, please also answer
questions 2(e) through 2(g) and include this information in the Exhibit:
(e) How many full-power noncommercial educational AM stations in the Metro will be attributable to the applicant or any party to
this application if the application is approved?
(f) How many full-power noncommercial educational FM stations in the Metro will be attributable to the applicant or any party to
this application if the application is approved?
(g) How many commercial and noncommercial educational full-power AM and FM stations in the Metro in total will be attributable
to the applicant or any party to this application if the application is approved? 4.
The following local radio ownership ''tiers'' have the stated limits on the number of stations in which a party (i.e., a person or single
entity or entities under common control) may have a cognizable interest in a Metro:
*
In a Metro reported by BIA as having 45 or more ''home'' commercial and noncommercial educational full-power stations,
a party may have a cognizable interest in up to 8 full-power commercial radio stations, not more than 5 of which are in the
same service (AM or FM);
*
In a Metro reported by BIA as having between 30 and 44 (inclusive) ''home'' commercial and noncommercial educational
full-power radio stations, a party may have a cognizable interest in up to 7 commercial full-power radio stations, not more
than 4 of which are in the same service (AM or FM);
*
in a Metro reported by BIA as having between 15 and 29 (inclusive) ''home'' commercial and noncommercial educational
full-power radio stations, a party may have a cognizable interest in up to 6 commercial full-power radio stations, not more
than 4 of which are in the same service (AM or FM);
3.
2(d) should equal 2(b) plus 2(c).
4.
2 (g) should equal 2(d) plus 2(e) plus 2(f).
FCC 301 Worksheet 2 (Page 2)
*
In a Metro reported by BIA as having 14 or fewer ''home'' commercial and noncommercial full-power radio stations, a party
may have a cognizable interest in up to 5 commercial full-power radio stations, not more than 3 of which are in the same
service (AM or FM), except that a party may not have a cognizable interest in more than 50 percent of the total number of
full-power commercial and noncommercial stations in such a market; provided, however, that an attributable interest in one
AM/FM combination in the Metro is permissible without regard to this 50 percent limitation.
If the application complies with the limits set forth above, it complies with the local radio ownership portion of the multiple ownership
rules set forth in 47 C.F.R. Section 73.3555. As indicated above, all applicants must submit an Exhibit explaining their determination.
Be sure to include a copy of the Exhibit with the copy of the application that is sent to the station's public inspection file.
3. To demonstrate compliance with the numerical limits in the local radio ownership rule, applicants may not rely on a change in a
Metro's geographic boundaries that has occurred since September 3, 2004, unless such change has been in effect for at least two years.
in addition, applicants may not rely on the inclusion of a radio station as ''home'' to a Metro unless (a) such station was listed by BIA as
''home'' to the Metro as of September 3, 2004, or (b) such ''home'' designation has been in effect for at least two years, or (c) such
station's community of license is located within the Metro. Applicants also may not rely on the removal, after September 3, 2004, of
their own stations from BIA's list of ''home'' stations in a Metro unless (i) such exclusion has been in effect for at least two years or (ii)
the exclusion results from an FCC-approved change in the community of license of a station from within the Metro to outside the
Metro. Applicants who wish to rely on such changes should explain in their Exhibit, taking into account the timing conditions set forth
above in this paragraph, (1) any changes since September 3, 2004, to the geographic boundaries of the relevant Metros, (2) any
changes since September 3, 2004, to the ''home'' designations of the applicant's stations in the relevant Metros, (3) whether one or
more radio stations licensed to communities outside the Metro have been added to BIA's list of ''home'' stations for that Metro since
September 3, 2004; and (4) whether any of the changes reported in (1) through (3) of this paragraph is necessary for the proposed
transaction to comply with the local radio ownership rule.
4. Interim Contour-overlap Methodology. If any station subject to the application does not have its community of license located
within the geographic boundaries of any Arbitron Metro, then the following guidelines should be used to determine compliance with
the local radio ownership rule for any such station. These guidelines reflect the interim contour-overlap methodology (''Interim
Methodology'') that, for any station whose community of license is in a non-Metro area, is in effect until such time as the rulemaking
proceeding in MB Docket 03-130 is completed and new rules are established for such radio stations. See Report and Order, Section
VI.B., ''Local Radio Ownership Rule,'' 282-286, and Section IX, ''Notice of Proposed Rulemaking.'' If a station is listed by BIA as
''home'' to a Metro but the station's community of license is not within the geographic boundaries of that Metro or any other Metro, the
applicant must comply with the local radio ownership rule both under the Interim Methodology and under the Arbitron Metro
methodology.
Under the Interim Methodology, a radio market is defined as the area encompassed by the principal community contours (predicted or
measured 5 mV/m groundwave contour for AM; predicted 3.16 mV/m contour for FM) of the stations that are both mutually
overlapping and proposed to be ''commonly attributable'' post-transaction. The number of radio stations in this defined radio market
(i.e., the numerator) cannot exceed the limits set forth in Section 73.3555(a) (see below). A commonly attributable station whose
contour overlaps the contour of some but not all of the contours of the stations that define the radio market does not count toward the
local radio ownership limits (i.e., is not counted in the numerator). A graphic example is provided further below.
For purposes of this worksheet, ''commonly attributable'' means stations in which the applicant or any party to the application will
have a cognizable interest (see 47 C.F.R. § 73.3555, Notes) if the application is granted.
5.
As long as at least one of the commonly attributable radio stations has a community of license that is located outside a Metro,
applicants should count in the numerator every commonly attributable station that mutually overlaps such station(s),
regardless of whether the other commonly attributable stations are listed as being in Metros.
6.
FCC 301 Worksheet 2 (Page 3)
Under this same Methodology, the number of stations in the market (i.e., the denominator) is determined by counting the full-power,
operating commercial and noncommercial educational stations whose principal community contours overlap or intersect at least one
of the principal community contours that define the radio market as described above, subject to the following exception: such a station
will be not be counted as being in the market (i.e., in the denominator) if (1) its transmitter is located more than 92 kin from the
perimeter of the area of mutual overlap of the commonly attributable stations that define the radio market, or (ii) the applicant or any
party to the application has a cognizable interest in the station and the station does not define the subject market (i.e., is not in the
numerator). Any radio station that meets this test should be included in the denominator, regardless of whether such station is in a
Metro. A graphic example is provided further below.
The following local radio ownership ''tiers'' have the stated limits on the number of stations in which a party (i.e., a person or single
entity or entities under common control) may have a cognizable interest in a non-Metro radio market:
*
In a radio market with 45 or more commercial and noncommercial educational full-power radio stations, a party may have
a cognizable interest in up to 8 commercial radio stations, not more than 5 of which are in the same service (AM or FM);
*
In a radio market with between 30 and 44 (inclusive) commercial and noncommercial educational full-power radio
stations, a party may have a cognizable interest in up to 7 commercial radio stations, not more than 4 of which are in the
same service (AM or FM);
*
In a radio market with between 15 and 29 (inclusive) commercial and noncommercial educational full-power radio
stations, a party may have a cognizable interest in up to 6 commercial radio stations, not more than 4 of which are in the
same service (AM or FM);
*
In a radio market with 14 or fewer commercial and noncommercial educational full-power radio stations, a party may have
a cognizable interest in up to 5 commercial radio stations, not more than 3 of which are in the same service (AM or FM),
except that a party may not have a cognizable interest in more than 50% of the total number of commercial and
noncommercial educational full-power stations in such market; provided, however, that an attributable interest in one
AM/FM combination in the Metro is permissible without regard to this 50% limitation.
If the application complies with the limits set forth above, it complies with the local radio ownership rule set forth in 47 C.F.R.
Section 73.3555(a). The applicant should mark ''Yes'' to Section 11, Item 4b of Form 301 and must submit an Exhibit providing
information regarding the market(s), broadcast station(s), and other information demonstrating compliance with 47 C.F.R. § 73-3555
(a).
If the application does not comply with 47 C.F.R. § 73.3555(a), the applicant should mark ''No'' to Section 11, Item 4b to Form 301
and must submit as an Exhibit a detailed explanation in support of a waiver of 47 C.F.R. § 73.3555 (a).
See the following page for an illustration of the Interim Methodology.
FCC 301 Worksheet 2 (Page 4)
In the simplified example below, Stations AM1, AM2, FM1 and FM2 are proposed to be commonly attributable. Stations AM1,
AM2, and FM2 have mutually overlapping contours. They constitute a "radio market'' -- in this example, Market #1 -- for purposes
of the local radio ownership rules in a non-Metro area, and are thus counted against the local radio limit (i.e., in the numerator) in
Market # 1.
Because Station FM1's contour does not overlap the mutually overlapping contours of Stations AM1, AM2 and FM2, the proposed
acquisition of Station FM1 would not count as being in Market #1 and therefore would not be counted toward the local ownership
limit (i.e., in the numerator) for purposes of Market #1. Rather, in a non-Metro area, Stations FM1 and FM2 would need to be
analyzed as forming a separate ''radio market'' - in this example, Market 42. (Station FM2 would thus be counted as being in Market
#1 as well as in Market #2.)
Station FM3 is not commonly attributable and it would be counted as "in " Market #1 (i.e., in the denominator) because the
transmitter of Station FM3 is not more than 92 km from the perimeter of Market #1's mutual overlap area. Station FM1 would not
be counted as being ''in'' Market #1 (i.e., in the denominator) because it is commonly attributable to the proposed permittee.
Station AM3 in this example is not commonly attributable. It would, nonetheless, not be counted as being ''in'' Market #2 (i.e., in
the denominator) because its transmitter is located more than 92 km from the perimeter of Market #2's mutual overlap area. Stations
AM1 and AM2 also would not be counted as ''in'' Market #2 (i.e., in the denominator) because they are commonly attributable.
AM2
FM2
#1
AM1
FM1
#2
FM3 transmitter
49 km from
perimeter of
mutual overlap
area of Market #1
.
.
.
.
.
.
...
AM3 transmitter 95 km
from
perimeter of mutual
overlap area of
Market
#2
FCC 301 Worksheet 2 (Page 5)
II. TELEVISION OWNERSHIP
This section of the worksheet may be used in connection with Section II, Item 4b for the proposed construction of a full-service
television station. The television ownership rules place a numerical limit on the number of stations that can be owned by one entity
in the local market and restrict the total national audience reach that can be attained by any one television station owner. See 47
C.F.R. Sections 73.3555(b), 73.3555(e), and Notes.
1.
Local Ownership. Will grant of this application for a commercial television station result in the
applicant or any party to this application having an attributable interest in another commercial
television station which is located within the same Designated Market Area (DAM) as measured by
Nielsen Media Research and whose Grade B contour overlaps the Grade B contour of the proposed
station?
Yes
No
Yes
No
Yes
No
Yes
No
If ''Yes'' to Question 1, at the time of filing of this application:
a. are both of the commercial television stations ranked among the top four stations in the DMA,
based on the most recent all-day (9:00 a.m.-midnight) audience share as determined by Nielsen
or a comparable professional survey organization?
b.
are there fewer than 8 independently-owned, operating, full-power commercial and
noncommercial television stations in the DMA?
If ''Yes'' to Question 1 a or b, the applicant must mark ''No'' to Section II, Item 4a and submit an
exhibit stating the reasons in support of an exemption from, or waiver of, the Commission's
television ownership regulations.
2.
National Audience Reach. Will the grant of this application for a commercial television station
result in the applicant or any party to this application having an attributable interest in commercial
television stations which have an aggregate national audience reach exceeding 35 percent?
If ''Yes'' to Question 2, the applicant must mark ''No'' to Section II, Item 4a and submit an exhibit
stating the reasons in support of an exemption from, or waiver of, the Commission's television
ownership regulations.
III. JOINT TELEVISION/RADIO OWNERSHIP
This section of the worksheet may be used in connection with Section II, Item 4b, when the applicant will have both full-service
television and full-service radio interests in the same local market, as defined by 47 C.F.R. Section 73.3555(c)(3).
1.
Will the grant of this application result in the applicant or any party to this application having or
maintaining an attributable interest in a commercial AM or FM station and a commercial television
station where:
a.
the 1 mV/m contour of the commercial FM station or the 2 mV/m contour of the commercial
AM station encompasses the entire community (communities) of license of the commercial
television station?
Yes
No
b.
the Grade A contour of the commercial television station encompasses the entire community
(communities) of license of the commercial AM or FM station?
Yes
No
If "Yes" to Question 1 a or b, proceed to Question 2.
FCC 301 Worksheet 2 (Page 6)
2.
Will the applicant or any party to this application directly or indirectly own, operate or control more
than 2 commercial television and I commercial radio station, as a result of this transaction?
Yes
No
would the applicant or any party to this application directly or indirectly own, operate or
control more than 2 commercial television and 6 commercial radio stations?
Yes
No
ii. would the applicant or any party to this application directly or indirectly own, operate or
control more than I commercial television and 7 commercial radio stations?
Yes
No
Yes
No
If ''Yes'' to Question 2*
a. where there are 20 or more independently-owned media voices in the television and radio
markets, as defined by 47 C.F.R. Section 73.3555(c)(3), at the time of the filing of this
application,
i.
iii. if the applicant or any party to this application would control as a result of this transaction 1
commercial television and 7 commercial radio stations, is the television station located in a
market which the applicant or any party to this application could not directly or indirectly
own, operate or control 2 commercial television stations pursuant to 47 C.F.R. Section
73.3555(b)?
b. where there are 10, but fewer than 20, independently-owned media voices in the television and
radio markets, as defined by 47 C.F.R. Section 73.3555(c)(3), at the time of the filing of this
application,
i. would the applicant or any party to this application directly or indirectly own, operate or
control more than 2 commercial television and 4 commercial radio stations?
If ''Yes'' to Question 2(a), (i), (n), or (iii), or to Question 2(b)(i), the applicant must mark ''No''
to Section 11, Item 4a and submit an exhibit stating the reasons in support of an exemption
from, or waiver of, the Commission's joint television and radio ownership regulations.
FCC 301 Worksheet 2 (Page 7)
IV. CROSS OWNERSHIP
This section of the worksheet may be used in connection with Section II, Item 4b of FCC Form 301 when the applicant will have
newspaper interests in the same local market as the station(s) it seeks to acquire.
(A)
(B)
Will the grant of this application result in the applicant or any party to this application having or maintaining an attributable
interest in a newspaper which: (1) is published four or more days per week, (2) is in the dominant language in the market,
and (3) is published in a community entirely encompassed by:
a. the 1 mV/m contour of one of the FM station(s)?
Yes
No
b. the 2 mV/m contour of one of the AM station(s)?
Yes
No
c. the Grade A contour of one of the commercial television station(s)?
Yes
No
Yes
No
If "Yes," to question (A), has the Commission made a presumptive finding pursuant to Section
310(d) of the Communications Act that the proposed newspaper/broadcast combination is in the
public interest?
If the applicant answered "Yes" to Question A and "No" to Question B, then the applicant must mark "No" to Section II, Item 4b
and submit an exhibit stating the reasons why a waiver of the Commission's newspaper /broadcast cross-ownership rule complies
with the Commission's public interest standard and the criteria set out in 2006 Quadrennial Media Ownership Order 23 FCC Rcd
2010.
In making a public interest finding, the Commission shall presume that it is not inconsistent with the public interest for an entity
to own a daily newspaper in a top 20 Nielsen Designated Market Area ("DMA") and one commercial AM, FM, or TV broadcast
station whose relevant contour encompasses the entire community in which such newspaper is published, provided that, with
respect to a combination including a commercial TV station, (1) the station is not ranked among the top four TV stations in the
DMA, based on the most recent all-day (9 a.m.-midnight) audience share, as measured by Nielsen Media Research or by any
comparable professional, accepted audience ratings service; and (2) at least 8 independently owned and operating major media
voices would remain in the DMA in which the community of license of the TV station in question is located. For purposes of the
newspaper/broadcast cross-ownership rule, major media voices include full-power TV broadcast stations and major newspapers.
2006 Quadrennial Ownership Order, 23 FCC Rcd at 2042-47, 57-62.
In making a public interest finding, the Commission shall presume that it is inconsistent with the public interest for an entity to
own a daily newspaper and an AM, FM, or TV broadcast station whose relevant contour encompasses the entire community in
which such newspaper is published in a DMA other than the top 20 Nielsen DMAs or in any circumstance not discussed above.
In order to overcome the negative presumption with respect to the combination of a major newspaper and a television station, the
applicant must show by clear and convincing evidence that the co-owned major newspaper and station will increase the diversity
of independent news outlets and increase competition among independent news sources in the market. The following factors will
inform this decision. The Commission shall consider (1) whether the combined entity will significantly increase the amount of
local news in the market; (2) whether the newspaper and the broadcast outlets each will continue to employ its own staff and
each will exercise its own independent news judgment; (3) the level of concentration in the DMA; and (4) the financial condition
of the newspaper or broadcast station, and if the newspaper or broadcast station is in financial distress, the proposed owner's
commitment to invest significantly in newsroom operations. 2006 Quadrennial Ownership Order, 23 FCC Rcd at 2049-55,
68-75.
The negative presumption shall be reversed if the newspaper or broadcast station is failed or failing. In order to qualify as failed,
the newspaper or broadcast outlet has to have stopped circulating or have been dark for at least four months immediately prior to
the filing of the assignment or transfer of control application, or must be involved in court-supervised involuntary bankruptcy or
involuntary insolvency proceedings. To qualify as failing, the applicant must show that (1) the broadcast station has had a low
all-day audience share (i.e., 4 percent or lower), (2) the financial condition of the newspaper or broadcast station is poor (i.e., a
negative cash flow for the previous three years), and (3) the combination will produce public interest benefits. In addition, in
both instances, the applicant must show that the in-market buyer is the only reasonably available candidate willing and able to
acquire and operate the failed or failing newspaper or station and that selling the newspaper or station to any out-of-market buyer
would result in an artificially depressed price. 2006 Quadrennial Ownership Order, 23 FCC Rcd at 2047-48, 65.
The negative presumption shall also be reversed if the combination is with a broadcast station that was not offering local
newscasts prior to the combination, and the station will initiate at least seven hours per week of local news programming after the
combination. 2006 Quadrennial Ownership Order, 23 FCC Rcd at 2049, 67.
Applicants should refer to the 2006 Quadrennial Ownership Order, 23 FCC Rcd at 2040-54, 53-75.
FCC 301 Worksheet 2 (Page 8)
B. FAMILY RELATIONSHIPS
This section of the worksheet may be used in connection with Section II, Item 4c.1 of FCC Form 301, which requires the applicant
to certify that the proposed acquisition does not ''present an issue'' under the Commission's policies relating to media interests of
immediate family members (i.e., husband, wife, father, mother, brother, sister, son or daughter).
The Commission does not prohibit, but rather considers relevant, media interests owned by immediate family members.
Accordingly, the applicant should examine the media interests of its principals' immediate family members to determine whether or
not those media interests will be independent and not subject to common influence or control. See Policy Statement, Clarification of
Commission's Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992), Sevier Valley Broadcasting, Inc., 10 FCC Rcd 9795
(1995).
An applicant should review this worksheet if the answer to the following question is "Yes":
Does any member of the immediate family (i.e., husband, wife, father, mother, brother, sister, son or
daughter) of any party to the application have any interest in or connection with any other broadcast
station, pending broadcast application or daily newspaper in the same market?
Yes
No
A broadcast station and a daily newspaper are considered to be in the same area if (1) the predicted
or measured 2 mV/m contour of an AM station encompasses the entire community in which such
daily newspaper is published; (2) the predicted 1 mV/m contour of an FM station encompasses the
entire community in which such daily newspaper is published; or (3) the Grade A contour of a TV
station encompasses the entire community in which such daily newspaper is published. A daily
newspaper is one that is published four or more days per week, is in the dominant language in the
market, and is circulated generally in the community of publication. A college newspaper is not
considered as being circulated generally. See 47 C.F.R. § 73.3555(d) and 47 C.F.R. § 73.3555 Note
6.
Answer the following questions for each such relationship:
1.
Has the family member who is not included as a party to the application been involved in
negotiations for the construction of the station?
Yes
No
2.
Has the family member who is not included as a party to the application provided financing or
otherwise been involved in the process of making financial arrangements for the construction of the
station?
Yes
No
3.
Is this the first broadcast ownership interest of the family member who is a party to the application?
Yes
No
4.
Are the family members involved together in the management or operation of any other media
Yes
No
5.
Are there any agreements, arrangements or understandings, either written or oral, between the
family members with same-market media interests for the participation of one family member in the
financial affairs, commercial practices, programming, or employment practices of the other family
member's media entity. Consider, for example, joint sales agreements, local marketing agreements,
and arrangements to share facilities or personnel.
Yes
No
If applicant answers ''No'' to all of the above questions, applicant may conclude that it complies with the Commission's policies
relating, to media interests of immediate family members. If applicant answers ''Yes'' to any one of the above questions, the
applicant must mark ''No'' to Section II, Item 4c and should submit an exhibit giving full particulars, including the family
relationship involved and a detailed account of the business or media relationship between family members.
FCC 301 Worksheet 2 (Page 9)
C. FUTURE OWNERSHIP RIGHTS
This section of the worksheet may be used in connection with Section II, Item 4c.2, which requires the applicant to certify that the
proposed acquisition complies with the Communications Act and the Commission's regulations and policies concerning future
ownership rights in broadcast stations.
Section 310(d) of the Communications Act of 1934, as amended, prohibits assignment, transfer or any disposition of a broadcast
license without first applying to the Commission and receiving approval prior to any disposition of the license. Similarly,
Commission precedent currently prohibits (1) pledge of a broadcast license as collateral for a loan, or (2) grant of a security interest
(or any similar encumbrance) in a broadcast license. These inquiries are directed to current and prospective third-party interests in
the applicant.
In order to certify compliance with Section II, Item 4c.2 of FCC Form 301, the applicant should review the following questions:
1.
Are there any documents, instruments, contracts, or understandings relating to future ownership
rights in the applicant or any party to the application including, but not limited to: (1) stock
pledges-, (2) security agreements; (3) non-voting stock interests; (4) beneficial stock ownership
interests; (5) options; (6) warrants; or (7) debentures?
Yes
No
Yes
No
If ''No,'' applicant may certify compliance with the future ownership inquiry.
If ''Yes,'' proceed to the questions below.
2.
Is there any provision in the agreements which provides for a security interest in the station
license(s), permits or authorizations?
The response to Question 2 must be ''No'' in order to certify that the contractual documents ''comply
fully with the Commission's rules and policies.''
Note: Under existing precedent, it is permissible to grant a security interest in the proceeds of the
sale of a station license, permit, or authorization, but not in the license, permit, or authorization
itself.
3.
Do the agreements contain a stock pledge?
Yes
No
(a) If ''Yes,'' do the agreements expressly state that voting rights will remain with the applicant, even
in the event of default?
Yes
No
(b) If ''Yes,'' do the agreements indicate that, in the event of default, there will be either a public
(i,e., auction) or private arm's-length sale of the pledged interests?
Yes
No
Yes
No
(c) If ''Yes,'' do the agreements provide that, prior to the exercise of stockholder rights by the
purchaser at such public or private sale, prior consent of the Commission (pursuant to 47 U.S.C.
§310(d)) will be obtained?
If the answer to (a), (b), or (c) is ''No,'' the applicant must mark ''No'' to Section II, Item 4c and
submit an exhibit providing all details of the stock pledge agreement and demonstrating how the
agreement is not violative of Section 73.1150 and Commission precedent.
FCC 301 Worksheet 2 (Page 10)
4.
If the agreements contain provisions relating to the acquisition of non-voting stock interests,
beneficial stock interests, warrants, debentures convertible into voting or non-voting stock, would
the exercise of those interests, individually or in the aggregate, effectuate a positive or negative
transfer of control of the applicant/applicant?
Yes
No
If ''Yes,'' the agreements must clearly indicate that, prior to the acquisition, exercise, or conversion
of any future interest into equity that would effectuate a positive or negative transfer of control,
prior Commission approval will be sought and received. if they do not, the applicant must mark
''No'' to Section II, Item 4c, and submit an explanatory exhibit providing all details and explaining
how the agreements do not violate Commission policy or precedent.
FCC 301 Worksheet 2 (Page 11)
D. TIME BROKERAGE/LOCAL MARKETING AGREEMENTS /JOINT SALES AGREEMENTS
This worksheet may be used in connection with the certification in Section II, Item 4a of FCC Form 301. It is intended for use when
the applicant's agreements with lenders, potential investors, or other third parties include a ''time brokerage agreement,'' ''local
marketing agreement,'' any other document pursuant to which that party will provide programming for the subject station, or a joint
sales agreement.
1.
Does or, as a result of this transaction, will the applicant or any party to this application, supply
more than 15 percent of another, same-market station's weekly program hours?
Yes
No
Yes
No
(a) retain the right to reject/substitute programming (including commercial advertising) without
excessive fee or penalty?
Yes
No
(b) retain the right to terminate the agreement without excessive fee or penalty?
Yes
No
Yes
No
(d) retain the obligation to prepare and file the quarterly issues/programs list?
Yes
No
(e)
retain the responsibility to comply with the Commission's political programming rules?
Yes
No
(f)
retain the obligation to pay station expenses?
Yes
No
Yes
No
Yes
No
If ''Yes,'' that interest is attributable to the applicant and must be considered in certifying
compliance with the Commission's multiple ownership rules.
2.
Does the applicant hold a time brokerage agreement, local marketing agreement or joint sales
agreement pursuant to which an entity with an attributable interest in another broadcast station in the
market supplies programming or sells commercial advertising time comprising more than 15% of
the proposed station's weekly program hours?
3.
Has the applicant retained sufficient rights and obligations over the station's proposed personnel,
programming, and finances such that it would retain control of the station under applicable
Commission precedent, i.e., does the applicant:
(c)
retain responsibility for broadcasting programming to meet local needs?
(g) retain the obligation to maintain the station's main studio and staff that studio with at least one
management- level and one staff-level employee, Monday through Friday during regular
business hours?
If the response to any of these questions is ''No,'' the agreement may not comport with existing
Commission precedent. The applicant should therefore mark ''No'' in the appropriate certification
and supply an exhibit explaining how the agreement would not amount to a premature assumption
of control.
4.
Does the programming agreement or joint sales agreement extend beyond one full license term (i.e.,
eight years)?
If ''Yes,'' the agreement may exceed the length allowable under Commission precedent. The
applicant must therefore mark ''No'' to Section II, Item 4a, and submit an exhibit containing the
complete agreement (with all attachments) and discussing how its operation would comply with
precedent.
NOTE: All applicants required to demonstrate compliance with 47 C.F.R. Section 73.3555(a) must
submit, with this application, complete copies of all attributable radio time brokerage/local
marketing and radio joint sales agreements for the subject station or any other stations in the same
market as the subject station.
FCC 301 Worksheet 2 (Page 12)
E. INVESTOR INSULATION AND NON-PARTY INFLUENCE OVER ASSIGNEE/APPLICANT
This section of the worksheet may be used in connection with Section II, Item 4c.3, which requires the applicant to certify that it
complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors. See
e.g., Report and Order in MM Docket Nos. 94-150, 92-5 1, and 87-154, FCC 99-207, released August 6, 1999. It indicates the kinds
of contractual relationships that may, in the Commission's view, exceed the authority of a properly insulated investor or demonstrate
some indicia of de facto control by a creditor.
I. Investor Insulation
If an applicant is a limited partnership or a limited liability company (''LLC'') that seeks to insulate partners or members in
accordance with the Commission's attribution rules, the assignee shall ensure that each such limited partner or LLC member is not
materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership or LLC.
To ensure that each such limited partner or LLC member is not materially involved, directly or indirectly, in the management or
operation of the media-related activities of the partnership or LLC, the applicant must answer the following inquiries. Do the limited
partnership or LLC enabling documents:
a.
specify that any exempt limited partner/LLC member (if not a natural person, its directors, officers,
partners, etc.) cannot act as an employee of the limited partnership/LLC member if his or her
functions, directly or indirectly, relate to the media enterprises of such entity?
Yes
No
b.
bar any exempt limited partner/LLC from serving, in any material capacity, as an independent
contractor or agent with respect to the partnership/LLC's media enterprises?
Yes
No
restrict any exempt limited partner/LLC member from communicating with the limited
partnership/LLC, the general partner, or any LLC management committee on matters pertaining to
the day-to-day operations of its business?
Yes
No
d.
empower the general partner/LLC management committee to veto any admissions of additional
general partners/LLC members admitted by vote of the exempt limited partners/LLC members?
Yes
No
e.
prohibit any exempt limited partner/LLC member from voting on the removal of a general
partner/LLC member or limit this right to situations where the general partner/LLC member is (i)
subject to bankruptcy proceedings, as described in Section 402(4)-(5) of the Revised Uniform
Limited Partnership Act, (ii) is adjudicated incompetent by a court of competent jurisdiction, or (iii)
is removed for cause, as determined by an independent party?
Yes
No
f.
bar any exempt limited partner/LLC member from performing any services to the limited
partnership/LLC materially relating to its media activities, with the exception of making loans to, or
acting as a surety for, the business?
Yes
No
g.
state, in express terms, that any exempt limited partner/LLC member is prohibited from becoming
actively involved in the management or operation of the media businesses of the limited
partnership/LLC?
Yes
No
c.
If the answer is ''Yes'' to each of these conditions with regard to every limited partner and LLC member
that the applicant seeks to insulate and the relevant state statute authorizing the LLC permits a LLC
member to insulate itself in accordance with the Commission's criteria, the applicant may certify that it
complies with the Commission's restrictions regarding insulation of non-party investors. If ''No'' to the
foregoing, the applicant must submit an exhibit detailing the rights of any non-party investor and setting
forth the applicant's reasons for not treating the investor as a party to the application.
FCC 301 Worksheet 2 (Page 13)
II. Non-Party Influence Over Applicant
A. Non-party investors, i.e., investors with nonattributable interests, may have very limited powers over the operations of a licensee.
Accordingly, with respect to any agreement, arrangement or understanding involving insulated parties or other investors with
nonattributable interests, including creditors, secured parties, program suppliers, and any other persons not disclosed as parties to
this application, does such agreement:
1.
give any non-party investor the right to vote on any matters decided by the applicant's board of
directors, partnership committee or other management group;
Yes
No
2.
give any non-party investor the right to attend, or appoint an observer to attend, applicant board,
partnership or other management meetings;
Yes
No
3.
place any limitation on applicant programming discretion;
Yes
No
4.
give any non-party investor the right to vote on, approve or restrict applicant's actions on any matter
relating to programming, personnel or finances;
Yes
No
5.
give any non-party creditor or any bond, debenture or warrant holder the right to vote on, approve or
restrict the applicant's actions on any matter relating to programming, personnel or finances;
Yes
No
6.
give any non-party creditor or any bond, debenture or warrant holder the right to share in the profits
of the applicant;
Yes
No
7.
give any non-party investor that holds a non-voting convertible interest the right to convert such an
interest and acquire control of the applicant based on the applicant's actions relating to
programming, personnel and finances;
Yes
No
8.
give any non-party investor, creditor, or bond, debenture or warrant holder the right to vote on,
approve or deny the selection or removal of a general partner of an applicant partnership or a
member of the applicant's governing body; and
Yes
No
9.
give any non-party investor, creditor, or bond, debenture or warrant holder the right to convert,
tender or require the tendering of stock pursuant to a put-or-call agreement based on the actions of
the applicant relating to programming, personnel or financing.
Yes
No
If the answer to all of these conditions is ''No'' with regard to every non-party investor and creditor, and
there are no other provisions that cede de facto control to a non-party, applicant may certify that it
complies with the Commission's restrictions regarding non-participation of non-party investors and
creditors. If the answer to any of these inquiries is ''Yes,'' the applicant must submit an exhibit detailing
the rights of any non-party investor and setting forth the applicant's reasons for not treating the investor as
a party to the application.
Yes
No
B. With respect to any loan agreement, has the applicant ensured that such agreement:
1.
includes an unconditional promise by the applicant to pay on demand or on a specific date a sum
certain;
Yes
No
2.
contains a fixed or defined variable rate of interest on the loan; and
Yes
No
3.
does not prohibit the redemption of the loan by the applicant, or permit redemption at the option of
the lender only?
Yes
No
If the answer to each of these inquiries is ''Yes,'' and if there are no other provisions that may give
non-party investors control, the applicant may conclude that it complies with the Commission's
restrictions regarding non-participation of non-party investors and creditors. If not, the applicant must
submit an exhibit detailing the rights of the lender and the obligations of the applicant for each loan
agreement.
FCC 301 Worksheet 2 (Page 14)
WORKSHEET #3:
ENVIRONMENTAL
All applicants can use the General Environmental Worksheet. Some, but not all, applicants for AM and FM facilities will also be
able to use the RF worksheets. Generally, an AM or FM applicant can use the RF worksheets if: (1) it is the only user on its tower;
(2) its station is one of several FM/FM translator stations located on a single tower; or (3) its station uses a multiple-tower AM array
but no other user is co-located within the array. Additionally, the RF worksheets can be used in regard to an AM station only if
access to the AM station is restricted by use of a fence or other barrier that will preclude casual or inadvertent access to the site and
warning signs are posted at appropriate intervals describing the potential for RF exposure.
If an applicant cannot use the RF worksheets, it may show its compliance with RF guidelines in other ways, as detailed in OET
Bulletin 65.
If the worksheets indicate that an applicant exceeds acceptable RF levels, it does not necessarily mean that the proposed station
does not or cannot meet the Commission's RF requirements. The worksheets are based on generalized ''worst case'' presumptions. It
may be that a more individualized evaluation of the proposed station (possibly with the help of a consulting engineer) will
demonstrate that RF levels are acceptable. Among the individual factors that may be relevant are antenna radiation patterns, actual
RF measurements, barriers/precautions that prevent access to high RF areas, etc. These factors are also explained in OET Bulletin
65.
Applicants satisfying the RF requirements on the basis of such non-worksheet factors should submit a detailed explanation
demonstrating their compliance. Otherwise, applicants should submit an Environmental Assessment, as explained in 47 C.F.R.
Section 1.1311, explaining the environmental consequences of the proposed station's operation.
A. GENERAL ENVIRONMENTAL WORKSHEET
Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment
(EA), if you answer "Yes" to any of the following 8 items:
1.
involves high intensity white lighting located in residential neighborhoods.
Yes
No
2.
is located in an officially designated wilderness area or wildlife preserve.
Yes
No
3.
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 RT 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 301 Worksheet 3
B. RF EXPOSURE COMPLIANCE WORKSHEETS/INSTRUCTIONS
Who may use these worksheets?
1.
A directional AM station (i.e., one using a multiple tower array) that does not share its towers with any other non-excluded RF
sources (including, but not limited to, FM or TV transmitting antennas) and is located more than 315 meters (1,034 feet) from
any other tower or non-excluded RF radiation sources; or
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 315 meter radius is higher than the level of the terrain at the base of the tower (Note: Sites with transmitter buildings at
the base of the tower are considered ''eligible'' provided that procedures are established in accordance with the methods
described in OET Bulletin 65 to protect persons with access to such buildings from RF exposure in excess of the FCC-adopted
limits.); or
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 301 Worksheet 3 (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 RT 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
Bulletin 65 and Supplement A. This statement may include:
(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 #IA for each FM facility on the tower to obtain an
approximate power and antenna height and complete Worksheet #1 as above.
AM Contributors:
a. Single Tower Site - Use Worksheet #2 to determine if the distance to the fence or other restrictive barrier provides adequate
protection to the general public pursuant to FCC guidelines.
b. Multiple Tower Site - Use Worksheet #2 for each tower in the array to determine if each tower is adequately distanced from
the fence (or other restrictive barrier). This determination may be made by either of the following methods:
i. a ''worst case'' prediction could be made by assuming that all transmitted power is radiated from each tower. Use Worksheet #2A
to list the power and fence distance for each tower. Then, use Worksheet #2 for each tower to determine compliance with the FCC
guidelines for the single tower.
ii. use the actual transmitted power of each tower. Use Worksheet #2A to list transmitted powers and restriction distances for each
tower. Then, use Worksheet #2 for each tower to determine compliance with the FCC guidelines for the single tower.
If any single tower is not adequately distanced from the fence or restrictive barrier, you may not continue to use these
worksheets.
FCC 301 Worksheet 3 (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 301 Worksheet 3 (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 1A
BEFORE PROCEEDING.
EFFECTIVE RADIATION CENTER HEIGHT
Enter proposed ''Height of radiation center above ground'' OR as listed in line 1
Is antenna supporting structure located on the roof of a building? (check one)
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 ''0" in line 3
Subtract line (3) from line (1)
Subtract the value 2.0 from line (4)
m (3)
m (4)
m (5)
TOTAL EFFECTIVE RADIATED POWER
(If ''beam tilt'' is utilized, list maximum values)
List Effective Radiated Power in the Horizontal Plane.
List Effective Radiated Power in the Vertical Plane
Add Lines (6) and (7) OR list value from Line 2 in Worksheet 1A
kW
kW
kW (8)
PERCENTAGE OF FCC RF LIMIT(S) FOR MAXIMUM PERMISSIBLE EXPOSURE
Multiply Line (8) by 33.41
Multiply the value listed in line (5) by itself
Divide Line (9) by Line (10)
Multiply Line (11) by (100 )
%
(9)
(10)
(11)
(12)
DETERMINATION OF COMPLIANCE WITH CONTROLLED/OCCUPATIONAL LIMIT
Does Line (12) exceed 100%
Yes
No (13)
IF YOU ANSWERED ''YES'' IN LINE (13), THE WORKSHEETS MAY NOT BE USED IN THIS CASE.*
IF
YOU
OCCUPATIONAL RF EXPOSURE LIMITS FOR GROUND LEVEL EXPOSURE.
CONTINUE
ANSWERED
* In this case, you may need to prepare an Environmental Assessment. See Instructions for Section III-C of FCC Form 301.
FCC 301 Worksheet 3 (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
Multiply Line (9) (as calculated previously) by 5
m (17)
(18)
Subtract Line (10) (as calculated previously) from Line (18)
Take the square root of Line (19)
(19)
m (20)
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 of FCC Form 301.
FCC 301 Worksheet 3 (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
m (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 301 Worksheet 3 (Page 7)
RF WORKSHEET #2: AM
PLEASE COPY THIS WORKSHEET PRIOR TO USING. IN THE CASE OF A MULTIPLE TOWER ARRAY, A COPY
IS NECESSARY FOR EACH TOWER LISTED IN RF WORKSHEET #2A. See AM Instruction b. to ''How to Use RF
Worksheets'' on page 5 of Appendix A.
SINGLE TOWER
kW
Enter the transmitted power
Enter the distance from the tower to the nearest point of the fence or other
restrictive barrier enclosing the tower
m (2)
DETERMINATION OF WAVELENGTH
Method 1: Electrical Height
The tower height in wavelength may be obtained from the electrical height in degrees of the radiator.
degrees (3a)
Electrical height of the radiator
Divide Line 3(a) by 360 degrees
wavelength (3b)
Method 2: Physical Height
Alternatively, the wavelength may be obtained from the physical height of the radiator above the tower base and the frequency of
the station.
m (4a)
Overall height of the radiator above the tower base
List the station's frequency
Divide 300,000 by line (4b)
Divide Line (4a) by Line 4(c)
kz (4b)
m (4c)
wavelength (4d)
REQUIRED RESTRICTION DISTANCE
Use the appropriate AM fence distance table based on the wavelength determined in either Line (3b) or Line (4d) above. If the
transmitted
power
is
5 kW column).
m (5)
List the fence distance obtained from the appropriate table
Is the value listed in Line (5) less than or equal to the value listed in Line (2)?
Yes
No
(6)
If Line (6) is ''Yes,'' are warning signs posted at appropriate intervals which
describe the nature of the potential hazard?
Yes
No
(7)
IF EITHER LINE (6) OR LINE (7) WAS ANSWERED ''NO'', you may need to prepare an Environmental Assessment. However, in
order to determine the need for such an Assessment please see the NOTE on page 5 of Appendix A. If after consideration of such
factors as the antenna radiation pattern, measurement data and the barriers which restrict access you conclude that an Environmental
Assessment is required, please see Section I of the instructions to this worksheet entitled ''Environmental Assessment.''
IF BOTH LINE (6) AND LINE (7) WERE ANSWERED ''YES'', it appears that this tower complies with the FCC guidelines with
respect to the general public. Please 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 fields caused by other facilities on the tower, or RF fields caused by facilities 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. See OET Bulletin 65 for more details.
FCC 301 Worksheet 3 (Page 8)
RF WORKSHEET #2A Multiple Tower AM Array
Do not use this table if there are FM, TV or other non-excluded RF sources on any single tower of the array.
Tower Number
Transmitted Power (kW)
Distance to Fence (meters)
1
2
3
4
5
6
7
8
9
10
11
12
If each tower listed above meets the distance requirements of worksheet #2, it appears this tower complies with the FCC guidelines
with respect to the general public. Please be aware, that each site user must also meet requirements with respect to ''on-tower'' or
other exposure by workers at the site. 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. See OET Bulletin 65 for more details.
If the distance from the base of the tower to the fence is less than the value listed above, you may need to prepare an Environmental
Assessment. However, in order to determine the need for such an assessment please see the NOTE on page 5 of Appendix A. If after
consideration of such factors as the antenna radiation pattern, measurement data and the barriers which restrict access you conclude
that an Environmental Assessment is required, please see Section I of the instructions to this worksheet entitled ''Environmental
Assessment.''
FCC 301 Worksheet 3 (Page 9)
AM FENCE DISTANCE TABLES
TABLE 1. Predicted Distances for Compliance with FCC Limits: 0.1-0.2 Wavelength
Frequency
(kHz)
535-740
750-940
950-1140
1150-1340
1350-1540
1550-1705
Transmitter Power (kW)
50
10
5
1
Predicted Distance for Compliance with FCC Limits (meters)
1
3
12
1
110
7
7
6
6
6
5
5
5
3
3
10
6
6
5
5
3
3
10
3
3
TABLE 2. Predicted Distances for Compliance with FCC Limits: 0.21-0.4 Wavelength
Frequency
(kHz)
535-740
750-940
950-1140
Transmitter Power (kW)
50
10
1
1
5
Predicted Distance for Compliance with FCC Limits
(meters)
1150-1340
1350-1540
4
4
4
4
4
1550-1705
5
2
2
2
2
1
2
1
2
2
2
2
2
2
1
1
1
1
5
1
2
TABLE 3. Predicted Distances for Compliance with FCC Limits: 0.41-0.55 Wavelength
Frequency
(kHz)
5' )5-740
750-940
950-1140
1150-1340
1350-1540
1550-1705
Transmitter Power (kW)
50
10
Predicted Distance for Compliance with FCC Limits (meters)
4
4
4
4
4
4
3
2
2
2
2
3
2
2
2
2
2
2
2
2
1
2
2
1
5
1
TABLE 4. Predicted Distances for Compliance with FCC Limits: 0.56-6255 Wavelength
Frequency
(kHz)
535-740
750-940
950-1140
1150-1340
1350-1540
1550-1705
FCC 301 Worksheet 3 (Page 10)
Transmitter Power (kW)
50
10
Predicted Distance for Compliance with FCC Limits (meters)
4
3
4
4
4
4
4
2
2
2
2
2
2
2
2
2
1
1
1
2
2
2
1
1
File Type | application/pdf |
Author | JSWANK |
File Modified | 2016-10-17 |
File Created | 2016-10-17 |