Application for Construction Permit for Commercial Broadcast Station, FCC Form 301; Form 2100, Schedule A - Application for Media Bureau Video Service Authorization; 47 Sections 73.3700(b)(1).....

Application for Construction Permit for Commercial Broadcast Station, FCC Form 301; Form 2100, Schedule A - Application for Media Bureau Video Service Authorization; 47 Sections 73.3700(b)(1).....

Form 301 (Auxiliary - Combined FM) Instructions (2019)

Application for Construction Permit for Commercial Broadcast Station, FCC Form 301; Form 2100, Schedule A - Application for Media Bureau Video Service Authorization; 47 Sections 73.3700(b)(1).....

OMB: 3060-0027

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Washington, D.C. 20554 OMB Control Number: 3060-0027

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INSTRUCTIONS – FORM 2100, SCHEDULE 301-FM - FM AUXILIARY STATION CONSTRUCTION PERMIT APPLICATION


The following instructions track the FM Auxiliary Station Construction Permit Application in LMS:


GENERAL INSTRUCTIONS


Form 2100, Schedule 301-FM, is to be used to apply for a construction permit for a FM broadcast auxiliary station. The form consists of the following sections:


  • GENERAL INFORMATION

  • FEES, WAIVERS, AND EXEMPTIONS

  • APPLICANT INFORMATION

  • CONTACT REPRESENTATIVES

  • BASIC ELIGIBILITY QUESTIONS

  • LEGAL CERTIFICATIONS

  • CHANNEL AND FACILITY INFORMATION

  • ANTENNA LOCATION DATA

  • ANTENNA TECHNICAL DATA

  • TECHNICAL CERTIFICATIONS

  • CERTIFICATION


Applicants must complete all sections. No section may be omitted.


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 (CFR):

(1) Part 0 "Commission Organization"

(2) Part 1 "Practice and Procedure"

(3) Part 73 "Radio Broadcast Services"

(4) Part 74 "Experimental Radio, Auxiliary, Special Broadcast, and Other Program Distributional Services"


FCC Rules may be purchased from the Government Publishing Office. Current prices and purchasing information may be obtained from the GPO Bookstore Website at https://bookstore.gpo.gov/. An up-to-date electronic version of Title 47 of the CFR may be accessed at https://www.ecfr.gov/cgi-bin/text-idx?SID=0970bd71b3f8da40f9fc92f01b613dfd&mc=true&tpl=/ecfrbrowse/Title47/47tab_02.tpl .


Electronic filing of this application is mandatory. See https://enterpriseefiling.fcc.gov/dataentry/login.html. Similarly, any amendment to the application must be filed electronically. The amendment should contain the following information to identify the associated application:


(1) Applicant's name

(2) Facility ID Number

(2) Call letters or specify "NEW" station

(3) Channel number

(4) Station location

(5) File number of application being amended (if known)

(6) Date of filing of application being amended (if file number is not known)


Applicants should follow the procedures set forth in Part 0, Part 73, and Part 74 of the Commission's Rules.


A copy of the completed application and all related documents shall be made available for inspection by the public in either the primary station's online public inspection file or, if the primary station is not licensed or has not yet applied for a license, in a public inspection file located in the proposed community of license, pursuant to 47 CFR § 73.3526.


Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be dismissed. Inadvertently accepted applications are also subject to dismissal.


In accordance with 47 CFR § 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.


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 that 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, they are not required to complete or retain any documentation created or collected to complete the application.


This application is presented primarily in a "Yes/No" certification format. However, it contains appropriate places for submitting explanations and attachments 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 attachment is submitted.


The applicant must electronically sign the application. The signature will consist of the electronic equivalent of the typed name of the individual submitting the application as the applicant or applicant’s authorized representative. 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. In such cases, counsel must separately set forth why the application is not signed by the client. In addition, as to any matter stated on the basis of belief instead of personal knowledge, counsel shall separately set forth the reasons for believing that such statements are true. See 47 CFR § 73.3513. The electronic 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 23056, 23064 (1998), ¶ 17.


GENERAL INFORMATION


Application Description: In the space provided, give a brief (255 characters or fewer) description of the application. This is to assist you in identifying this discrete application and will be displayed only in your LMS Application workspace. It will not be made a part of your application or be displayed to others.


Uploaded Attachments: Indicate by clicking “Yes” or “No” whether the application includes attachments other than required attachments. Required attachments are those that must be filed in response to application questions, and may only be required if certain answers are given.


FEES, WAIVERS, AND EXEMPTIONS


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 their application. 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 NCE radio and TV broadcast licensees and permittees, provided that the proposed facility will be operated noncommercially. See 47 CFR § 1.1116.


When filing a fee-exempt application, an applicant must select “Yes” to the question asking if the applicant is exempt from FCC application fees. If selecting “Yes,” explain in the text box that opens the reason for the fee exemption. Select “Yes” or “No” to the question asking whether the applicant is exempt from payment of FCC annual regulatory fees, as appropriate.


The Application Fee Filing Guide for Media Bureau, obtainable at https://www.fcc.gov/document/media-bureau-application-fee-filing-guide-1 ,contains a list of the required fees and Fee Type Codes needed to complete this application. The Commission's fee collection program utilizes a U.S. Treasury lockbox bank for maximum efficiency of collection and processing.


Payment of any required fee must be made by check, bank draft, money order, credit card, or wire transfer. If payment is made by check, bank draft, money order, or wire transfer, the remittance must be denominated in U.S. dollars, drawn upon a U.S. financial 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.


FCC Form 159, dated February 2003, must be submitted with any application subject to a fee received at the Commission. All previous editions of this form are obsolete. Failure to use this version of the form or to submit all requested information may delay the processing of the application.


For further information regarding the applicability of a fee, the fee code, the amount of the fee, or the payment of the fee, applicants should consult the "Application Fee Filing Guide for Media Bureau," which may be accessed at https://www.fcc.gov/document/media-bureau-application-fee-filing-guide-1 .


Waivers: If any waiver of the Commission’s rules is requested at any part of the application, select “Yes” to this question. If selecting “Yes,” complete the text box that opens by stating the number of rule sections for which you request waiver. You must then submit an attachment setting forth the waiver(s) sought and the legal justification for waiver.


Grandfathered Privileges: An application may include technical data that do not conform to existing rules, but which may have been granted previously by waiver or covered by a grandfathering provision in the rules. Applicants should check their present authorization or the specific rules governing operation on the frequency requested to determine whether it is appropriate to respond “Yes” to this question. Otherwise, respond “No.”


APPLICANT INFORMATION


Authorization Holder Name: Check the box for this question if you have entered a name for the applicant/licensee that is different from that set forth in the applicant’s current authorization, and if that name change is due to a change in ownership or the structure of the corporation or other entity. If you check the box, you will see a message stating that this application may not be filed at this time. You must Save and Quit the application and file FCC Form 314, 315, or 316 (or any successor application forms the Commission releases), to seek consent to an assignment or transfer of control of authorization before any modifications can be made to the authorization or a license granted to cover the authorization.


Applicant Name and Type: Select the Applicant Type (e.g., Individual, Unincorporated Association, Trust, Government Entity, etc.) from the drop-down menu. In the text box below the drop-down menu, enter the exact legal name of the applicant or applicant entity. The name of the applicant must be stated exactly in this item. If the applicant is a corporation, the applicant should list the exact corporate name; if a partnership, the name under which the partnership does business; if an unincorporated association, the name of an executive officer, his/her office, and the name of the association; and, if an individual applicant, the person's full legal name.


Applicant Information: Enter the applicant’s postal address, telephone number, and Email address in the spaces provided. Select the applicant’s State and Country from the drop-down menus.


CONTACT REPRESENTATIVES


If the applicant is represented by a third party (such as, for example, legal counsel), that person's name, firm or company, and telephone/Email address may be specified as Contact Representative. Otherwise, a party to the application or another person associated with the applicant may be designated as Contact Representative. This is the person with whom the Commission will communicate regarding the application. At least one Contact Representative must be designated. To add a Contact Representative, click the “Add Contact” button at the top right of the screen.


Contact Type: Select the button that best describes the contact type, whether Legal Representative (e.g., attorney), Technical Representative (e.g., engineer), or Other.


Contact Name: Enter the name of the Contact Representative. If the Contact Representative is the same as the applicant, you can pre-fill the Contact Name and Contact Information fields with the applicant information previously provided, by clicking the “Pre-fill From Applicant Details” button.


Contact Information: Enter the Contact Representative’s postal address, telephone number, and Email address in the spaces provided. If the representative works for a firm or company, enter that name in the Company Name space. Select the Contact Representative’s Country and State from the drop-down menus.


If you have more than one Contact Representative, click the “Save & Add Another” button at the bottom of the screen and complete for the next Contact Representative. When you are finished, click “Save & Continue.” You will be displayed a summary screen listing your Contact Representative(s). From this screen you may delete a Contact Representative or edit the information provided. If you have no further Contact Representative information to add or edit, click “Save & Continue.”


BASIC ELIGIBILITY QUESTIONS


Revoked Authorization: Select “Yes” or “No,” as appropriate, to indicate whether the applicant or any party to the application (e.g., attributable interest holder) has ever had an FCC station authorization (e.g., construction permit, license) revoked, or whether an application filed by the applicant or any party to the application for an initial authorization, modification of authorization, or renewal of authorization, has ever been denied by the Commission. If answering “Yes,” submit an attachment explaining the circumstances.


State or Federal Convictions: Select “Yes” or “No,” as appropriate, to indicate whether the applicant, any party to the application, or any party directly or indirectly controlling the applicant, has ever been convicted of a felony in any state or federal court. If answering “Yes,” submit an attachment explaining the circumstances.


LEGAL CERTIFICATIONS


Character Issues/Adverse Findings: The Character Issues question 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 the Adverse Findings question 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 these questions, applicants should review the Commission's character qualifications policies, which are fully set forth in Character Qualifications, 102 F.C.C. 2d 1179 (1985), reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd 3252 (1990) and 7 FCC Rcd 6564 (1992).


NOTE: As used in these questions, the term "party to the application" includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. See Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986).


Character Issues: Where the response to the Character Issues question is "No," the applicant must submit an attachment 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.


Adverse Findings: In responding to the Adverse Findings question, the applicant should consider any relevant adverse finding. 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 the Adverse Findings question is "No," the applicant must provide in an attachment 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 CFR § 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.


CHANNEL AND FACILITY INFORMATION


Proposed Community of License: Facility ID Number. Radio Facility ID Numbers can be obtained at the FCC's Licensing and Management System (LMS) Search Page at https://enterpriseefiling.fcc.gov/dataentry/public/tv/publicFacilitySearch.html or by calling (202) 418-2700. Further, the Facility ID Number is included on all Radio authorizations and postcards.


State / City. Select the State from the pull-down menu. Enter the city or community name in the box provided.


Channel. The proposed channel must be between 200 and 300. The frequency will be that corresponding to the proposed channel, and will be automatically filled in by LMS. See 47 CFR § 73.201.


Facility Type: Select the radio button for “Commercial” or “Noncommercial Educational” for the facility type, as appropriate.


Station Class. The applicant must select the class of station proposed. This will be determined by one or more of the following: the primary station’s channel allotment (47 CFR § 73.202); the Zone in which the primary station is or is to be located (47 CFR § 73.205); and/or the ERP and antenna height above average terrain (HAAT) (see 47 CFR §§ 73.210 – 73.211).


ANTENNA LOCATION DATA


Antenna Structure Registration: If you have obtained an Antenna Structure Registration number (ASRN), select “yes” and then enter the ASRN in the text box that pops up. Most towers greater than 61 meters (200 feet) in height, or those located near airports require antenna registration numbers. See 47 CFR § 17.4. If the tower does not require registration, select “no”; if the FAA has not yet ruled on a proposed structure, select “Filed with the FAA.”


Coordinates (NAD 83): If you have an ASRN for the proposed tower, you may click the “Pre-fill Coordinates From ASR” button next to the box in which you entered the ASRN, and LMS will pre-fill the coordinates of the tower as registered. If you are manually completing the coordinates, the proposed antenna site must be specified using North American Datum 83 (NAD 83) coordinates. Please indicate North or South Latitude, and East or West Longitude. Note: This is a change from past Media Bureau practice, in which latitude and longitude coordinates were specified using North American Datum 27 (NAD 27). To use prior-specified coordinates, you must convert them from NAD 27 to NAD 83, using the NGS Coordinate Conversion and Transformation Tool (NCAT) available here: https://www.ngs.noaa.gov/NCAT/ . Degrees and Minutes should be expressed in whole numbers; Seconds should be expressed to one decimal point only.


Structure Type: Select from the pull-down menu the structure type that corresponds to the structure on which the antenna is to be mounted (e.g., Building with antenna on top, Oil or other rig, Monopole array, etc.).


Overall Structure Height: All heights must be in meters. Overall structure height refers to the height above ground level (AGL) of the total structure on which the antenna is mounted, including any appurtenances (e.g. masts, lighting).


Support Structure Height: All heights must be in meters. Support structure height refers to the height of any structure, such as a building, on top of which the antenna or a mast supporting the antenna is erected, AGL.


Ground Elevation (AMSL): All heights must be in meters. This refers to the elevation above mean sea level of the ground at the base of the tower or other support structure on which the antenna is mounted.


Antenna Data: Height of Radiation Center Above Ground Level / Above Average Terrain / Above Mean Sea Level: All heights must be in meters. These three items request the height of both the center of horizontal and vertical radiation of the antenna above ground level, above average terrain, and above mean sea level. Height above average terrain and calculation thereof is defined in 47 CFR § 73.310.


Antenna Data: Height of Radiation Center Above Ground Level / Above Average Terrain / Above Mean Sea Level: All heights must be in meters, rounded to the nearest whole number. These three items request the height of both the center of horizontal and vertical radiation of the antenna above ground level, above average terrain, and above mean sea level. Height above average terrain and calculation thereof is defined in 47 CFR § 73.310.


Effective Radiated Power. The effective radiated power must be entered in kilowatts, and rounded pursuant to Section 73.212.


ANTENNA TECHNICAL DATA


Antenna Type: Select the radio button corresponding to the antenna type (Directional or Non-Directional). If “Directional” is selected, the directional antenna must comply with 47 CFR § 73.316. Applicants proposing a directional antenna must complete the table in this item. Relative field values (0.001-1.000) must be entered for every 10 degrees on the unit circle from 0 to 350. Up to five azimuths may be added at the bottom of the table for additional accuracy.


TECHNICAL CERTIFICATIONS


Environmental Effect: This question requires the applicant to state whether grant of a construction permit for the proposed facility would be an action that may have a significant environmental effect under 47 CFR § 1.1306.


The National Environmental Policy Act of 1969 requires all federal agencies to ensure that the human environment is given consideration in all agency decision-making. Since January 1, 1986, applications for new broadcast stations, modifications of existing stations, and license renewals must contain either an environmental assessment that will serve as the basis for further Commission review and action, or an indication that operation of the station will not have a significant environmental impact. See 47 CFR § 1.1307(b). In this regard, applicants are required to look at eight environmental factors. These factors are relatively self-explanatory, except for the evaluation of whether the station adequately protects the public and workers from potentially harmful radiofrequency (RF) electromagnetic fields. In addition, if the applicant proposes a new tower that will exceed 450 feet in height, it must submit an Environmental Assessment as described below. Worksheet # XX includes both a general environmental evaluation and specific sub-sections for RF exposure analysis. Click the “Worksheets” link in the application to access this worksheet. These worksheets are designed to facilitate and substantiate the certification called for in Schedule 302. Their use is voluntary, but strongly encouraged.


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:


  • General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Members of the general public are always considered under this category when exposure is not employment-related.


  • Occupational/controlled exposure limits apply to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been 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 https://www.fcc.gov/general/radio-frequency-safety-0#block-menu-block-4 . 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).


Worksheets ## XX and XX will enable certain categories of stations to determine whether 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 worksheet. Generally, the RF worksheet 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, in order to be eligible to use the RF worksheet, access to AM stations must be restricted by a fence or other barrier that will preclude casual or inadvertent access to the site and warning signs must be posted at appropriate intervals describing the potential for RF exposure. Click the “Worksheets” link in the application for more detail on eligibility.

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 attachment to the application that explains why the proposed facility does not exceed the RF radiation exposure guidelines at locations where humans are likely to be present, or describing measures or circumstances which will prevent or discourage humans from entering those areas where the RF exposure exceeds the guidelines (e.g., fencing or remote location). The guidelines are explained in more detail in OET Bulletin 65.


If the applicant is not eligible to use the worksheets, it is not an indication that the proposed facility will cause excessive exposure. Generally, applicants that are not able to use the worksheets will need to utilize more complex calculations or measurements to demonstrate compliance. For this reason, applicants who are not eligible to use the Commission’s Web worksheets should consider seeking the assistance of a qualified consulting engineer in determining whether the proposed facility will meet the RF exposure guidelines.


Should the applicant be unable to conclude that its proposal will have no significant impact on the quality of the human environment, or if it proposes a new tower exceeding 450 feet in height, it must submit an Environmental Assessment containing the following information:


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


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


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


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


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


NOTE: Even if the applicant concludes that human RF electromagnetic exposure is consistent with the Commission's guidelines, each site user must also meet requirements with respect to "on-tower" or other exposure by workers at the site (including RF exposure on one tower caused by sources on another tower or towers). These requirements include, but are not limited to, the reduction or cessation of transmitter power when persons have access to the site, tower, or antenna. Such procedures must be coordinated among all tower users. See OET Bulletin 65 for details. See also 47 CFR § 1.1306.


CERTIFICATION


General Certification Statements: Each applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of such frequency(ies) or spectrum, whether by authorization or otherwise.


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


This question also requires the applicant to certify that neither it 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. § 862.


Section 5301 of the Anti-Drug Abuse Act of 1988 provides federal and state court judges the discretion to deny federal benefits to individuals convicted of offenses consisting of the distribution or possession of controlled substances. Federal benefits within the scope of the statute include FCC authorizations. The applicant, by electronically signing the application, certifies that neither it 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.


NOTE: With respect to this certification, 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 five 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 five percent or more interest in the partnership. See 47 CFR § 1.2002(b)-(c).


Authorized Party to Sign: The applicant must electronically 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. In such cases, counsel must separately set forth why the application is not signed by the client. In addition, as to any matter stated on the basis of belief instead of personal knowledge, counsel shall separately set forth the reasons for believing that such statements are true. See 47 CFR § 73.3513. The electronic 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 23056, 23,064 (1998), ¶ 17.


Applicant must also check the box to certify that it has submitted with the application all required and relevant attachments.


Click the “Submit Application” button to submit the application. The application is not considered to be submitted unless and until you click the “Submit Application” button.


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.


THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.


All previous editions obsolete Schedule 301-FM –FM Auxiliary Instructions

February 2019

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