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

Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, FCC Form 349

Form 349 (Feb 2017)

Application for Authority to Construct or Make Chankges in an FM Translator or FM Booster Station, FCC Form 349

OMB: 3060-0405

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Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0405

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

FOR
FCC
USE
ONLY

FOR COMMISSION USE ONLY
FILE NO.

Section I - General Information
1.

Legal Name of the Applicant

Mailing Address

2.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

FCC Registration Number

Facility ID Number

Contact Representative (if other than licensee/permittee)

Firm or Company Name

ZIP Code

Mailing Address

3.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1116):
Governmental Entity

4.

ZIP Code

Noncommercial Educational Licensee

Other

Facility information:
a.
b.

FM Translator

FM Booster

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

State

FCC Form 349
October 2015

5.

Application Purpose.
New station

Major Modification of construction permit

Major Change in licensed facility

Minor Modification of construction permit

Minor Change in licensed facility

Major Amendment to pending application

Minor Amendment to pending application
a. File number of original construction permit:
If an amendment, submit as an Exhibit a listing by Section and Question Number of the
portions of the pending application that are being revised.

FCC Form 349 (Page 2)

Not applicable
Exhibit No.

NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be
submitted for each question for which a ''No'' response is provided. See General Instruction J.
Section II - Legal
1.

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

2.

Applicant is:

Yes

No

an individual

a general partnership

a for-profit corporation

a limited partnership

a not-for-profit corporation

a limited liability company (LLC/LC)
other

3.

a.

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

a.

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

b.

Applicant certifies that the FM translator's (a) 1mV/m coverage contour does not
extend beyond the protected contour of the commercial FM primary station to be
rebroadcast, or (b) entire 1mV/m coverage contour is contained within the greater of
either: (i) the 2 mV/m daytime contour of the commercial AM primary station to be
rebroadcast, or (ii) a 25-mile radius centered at the commercial AM primary station's
transmitter site.

Exhibit No.

Yes

No

See Explanation

in Exhibit No.
N/A

Yes

No

See Explanation

in Exhibit No.
N/A

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

The applicant, if for a commercial FM translator station with a coverage contour extending
beyond the protected contour of the commercial primary station being rebroadcast, certifies
that it has not received any support, before or after constructing, directly or indirectly, from
the licensee/permittee of the primary station or any person with an interest in or connection
with the licensee or permittee of the primary station, except for technical assistance as
provided for under 47 C.F.R. Section 74.1232(e).

5.

For applicants proposing translator rebroadcasts that are not the licensee of the primary
station, the applicant certifies that written authority has been obtained from the licensee of
the station whose programs are to be retransmitted. If No, this application is unacceptable
for filing.

6.

Character Issues. Applicant certifies that neither applicant nor any party to the application
has or has had any interest in or connection with:
a.
any broadcast application in any proceeding where character issues were left
unresolved or were resolved adversely against the applicant or party to the
application; or
b. any pending broadcast application in which character issues have been raised.

Yes

No

See Explanation

in Exhibit No.
N/A

Yes

No

Yes

No

N/A

See Explanation

in Exhibit No.

FCC Form 349 (Page 3)

7.

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

Yes

No

See Explanation
in Exhibit No.

See Explanation
in Exhibit No.

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

Alien Ownership and Control. Applicant certifies that it complies with the provisions of
Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens
and foreign governments.

Yes

No

9.

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

Yes

No

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

Yes

No

Yes

No

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

Auction Authorization. If the application is being submitted to obtain a construction
permit for which the applicant was the winning bidder in an auction, then the applicant
certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit
containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a)
and 1.2112(b), if applicable.

N/A

Exhibit No.

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

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

Yes

No

13.

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

Yes

No

N/A

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

Typed or Printed Title of Person Signing

Signature

Date

FCC Form 349 (Page 4)

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

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

Signature

Date

Mailing Address
City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

ZIP Code

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE,
TITLE 18, SECTION I 00 1), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S.
CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

FCC Form 349 (Page 5)

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

TECH BOX
1.

Channel:

2.

Primary Station: Facility ID Number

3.

Delivery Method:
Off-air

4.

5.

Call Sign

City

State

Satellite

Microwave

Via

Other

Antenna Location Coordinates: (NAD 27)

°

'

"

°

'

"

N

S Latitude

E

W Longitude

Antenna Structure Registration Number:
Not applicable

FAA Notification Filed with FAA

6.

Antenna Location Site Elevation Above Mean Sea Level:

meters

7.

Overall Tower Height Above Ground Level: Height of

meters

8.

Radiation Center Above Ground Level:

meters (H)

meters (V)

9.

Effective Radiated Power:

kW (H)

kW (V)

10.

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

Nondirectional

Model

Manufacturer

°

Rotation:

Degree

Directional composite

Value

Degree

Value

No rotation

Degree

Value

Degree

Value

Degree

Value

Degree

0

60

120

180

240

300

10

70

130

190

250

310

20

80

140

200

260

320

30

90

150

210

270

330

40

100

160

220

280

340

50

110

170

230

290

350

Additional

Azimuths

FCC Form 349 (Page 6)

Value

11.

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

FM Fill-in Translators. Applicant certifies that the FM translator's (a) 1mV/m
coverage contour does not extend beyond the protected contour of the commercial FM
primary station to be rebroadcast, or (b) entire 1mV/m coverage contour is contained
within the greater of either: (i) the 2 mV/m daytime contour of the commercial AM
primary station to be rebroadcast, or (ii) a 25-mile radius centered at the commercial
AM primary station's transmitter site.

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

b.

Yes

No

See Explanation
in Exhibit No.

No

See Explanation
in Exhibit No.

No

See Explanation
in Exhibit No.

N/A

Yes
N/A

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

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

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

Yes

Exhibit No.

Television Channel 6 Protection.
b.

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

Exhibit No.

13.

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

Yes

No

See Explanation
in Exhibit No.

14.

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

Yes

No

See Explanation
in Exhibit No.

15.

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

Yes

No

See Explanation
in Exhibit No.

By checking ''Yes'' above, the applicant also certifies that it, in coordination with other
users of the site, will reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radio frequency electromagnetic exposure
in excess of FCC guidelines.
PREPARER'S CERTIFICATION ON PAGE 4 MUST BE COMPLETED AND SIGNED.

FCC Form 349 (Page 7)

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

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

2.

3.

4.

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

FCC Form 349 (Page 8)

Yes

No

Yes (3 points)

No (0 points)

See Explanation
in Exhibit No.

Yes (2 points)

No (0 points)

See Explanation
in Exhibit No.

Yes (2 points)
See Explanation
in Exhibit No.

Yes

No

No (0 points)

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

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

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

Tie Breakers
5.

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

6.

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

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

Typed or Printed Title of Person Signing

Signature

Date

FCC Form 349 (Page 9)


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