FCC Web Documents citing 73.3518

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-904A1.pdf
  • services may apply for more than one LPFM construction permit. However, such applicants must designate a ``priority'' application if multiple applications are submitted. Non-priority applications will be dismissed if competing applications are filed in the window. Accordingly, a second application filed by such an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
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  • in their tech box proposal. However, such singleton applicants may not specify in the FCC Form 301 application a change in the proposed facility that constitutes a major change from the facility specified earlier, nor may applicants create new mutual exclusivities or application conflicts. See Broadcast Auction First Report and Order, 13 FCC Rcd at 15991. See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.5006. $ $ - 6 7 < = > ~  � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ����
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  • pleadings. It also states that neither KTOV-LP nor KMTV-LP is meeting the obligations of a Class A station with respect to the maintenance of a public inspection file and the presentation of children's programming. CCC also claims that KTOV's filing of the Channel 49 displacement application while simultaneously prosecuting its Channel 7 Class A license application violates Sections 73.3517 and 73.3518 of the Commission's Rules with respect to contingent, inconsistent or conflicting applications. 6. KTOV filed an opposition to the petition to dismiss its Class A license application. It rejects CCC's allegation that it is prosecuting inconsistent applications as its Class A license application and its displacement application to operate on Channel 49 are not mutually exclusive, and are not contingent
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  • Auction First Report and Order, 13 FCC Rcd at 15991. 6 See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Second Report and Order, 18 FCC 6691, 6699-6700 �� 22-24 (2003). Applicants that did not check the ``noncommercial educational'' applicant status box must submit the required filing fees with their applications. 47 C.F.R. � 73.503(a). See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.5006. $ $ $ + 3 > J S T Y Z [ � � � � � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D
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  • triggered the filing of an application by Station WPAY specifying minimum Class C facilities. The application was granted on September 26, 2003. As a result, the NABC application was dismissed under Note 4 of Section 73.3573 of the rules. NABC filed a Petition for Reconsideration directed to the dismissal of its application and the application thus remains pending. Under Section 73.3518 of the rules, we cannot consider the subsequent inconsistent and conflicting NABC application in this proceeding until final disposition of the NABC Petition for Reconsideration. Waiving this rule in these circumstances would not be conducive to the efficient processing of applications. Moreover, we see no public interest in separately processing inconsistent and repetitious applications filed by a single party. We
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  • on Section 73.855(b)(1) of the Commission's Rules (the ``Rules''), which prohibits any party except government, public safety and transportation organizations from holding an attributable interest in more than one LPFM station. The LPFM Window Notice further stated that a second application filed by an applicant in the window would be treated as a conflicting application subject to dismissal under Section 73.3518 of the Rules. To demonstrate its compliance with this particular restriction, Section II Item 5(a) of FCC Form 318, the LPFM Application form, requires each applicant to certify that, ``no party to this application has an attributable interest in any other low power FM broadcast station.'' Wisconsin Academy responded ``No'' to Item 5(a) and submitted an exhibit. In its exhibit,
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  • Broadcast Auction First Report and Order, 13 FCC Rcd at 15991. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Second Report and Order, 18 FCC 6691, 6699-6700 �� 22-24 (2003). Applicants that did not check the ``noncommercial educational'' applicant status box must submit the required filing fees with their applications. 47 C.F.R. � 73.503(a). See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.5006. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 8 9 W [ \ ^ b n : ; $ ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&�
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  • the Commission's local radio ownership rule. Accordingly, Cumulus filed the Assignment Application for Commission consent to assign the WBCK(AM) license to a divestiture trust to be managed by Stratus, as a condition to its consent to the Exchange Agreement transaction. Discussion. Midwest opposes grant of the Assignment Application on three grounds. First, Midwest argues that the Assignment Application violates Section 73.3518 of the Commission's Rules (the ``Rules'') as an inconsistent and conflicting application. Second, Midwest asserts that the proposed assignment to the divestiture trust violates Section 73.1150 of the Rules and is a sham transaction. Finally, Midwest asserts that Stratus ``improperly certified in the affirmative to Question 6.c.3 of Section III [of the Assignment Application] regarding the insulation of non-party investors.''
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  • found when petitioner had more than 30 days to object to the application and failed to do so). See CDBS Public Access, http://svartifoss2.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/app_list .pl. The most recent version and all superceded versions of the application are available on the Commission's public access database. For example, because both applications can be effectuated, the applications are not ``inconsistent'' under 47 C.F.R. � 73.3518. 47 C.F.R. � 73.3520 prohibits multiple applications for service in the same community, in this instance, each application concerns service in a different community. Federal Communications Commission Washington, D.C. 20554 February 12, 2008 � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252158A1.pdf
  • STATEFILE NUMBER E/P TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 128574 MARK SILBERMAN TX PECOS , TX BNPTTL-20000831BDE CHAN-59 E Construction permit for a new station for PECOS, TX on channel 59, Effective Radiated Power .999, coordinates NL 31 deg 25 min 45 sec WL 103 deg 28 min 45 sec. Dismissed per Section 73.3518 of the Commission's Rules Engineering Amendment filed 02/17/2004. AM STATION APPLICATIONS FOR RENEWAL ACCEPTED FOR FILING WGGH 70253 VINE BROADCASTING, INC. IL MARION , IL BR-20040802AVE 1150 KHZ E Renewal of License KYRO 59251 SAVOY BROADCASTING COMPANY MO POTOSI , MO BR-20040913AAC 1280 KHZ E Renewal of License FM STATION APPLICATIONS FOR RENEWAL ACCEPTED FOR FILING WMSD 88118 BIBLE BAPTIST
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270851A1.pdf
  • , RHINELANDER CHAN-16 E WI Extension of time to complete construction authorized pursuant to a modification of a DTV permit: BMPCDT-20060526AHM NORTHLAND TELEVISION, LLC WJFW-DT 49699 BEPCDT-20061221ACE WI FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , SANFORD 88.5 MHZ E ME Minor change in licensed facilities. Engineering Amendment filed 02/06/2007 Dismissed for violating 47 CFR Section 73.3518 by letter 2/23/2007 WORD RADIO EDUCATIONAL FOUNDATION WSEW 73718 BPED-20061218ADE ME Page 9 of 26 Broadcast Actions 2/28/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.46432 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P
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  • deg 39 min 30 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules NEW 128537 MARK SILBERMAN TX PINE SPRINGS , TX BNPTTL-20000831BBV CHAN-59 E Construction permit for a new station for PINE SPRINGS, TX on channel 59, Effective Radiated Power .999, coordinates NL 31 deg 57 min 8 sec WL 104 deg 20 min 9 sec. Dismissed per Section 73.3518 of the Commission's Rules Page 12 of 13 Broadcast Applications 3/7/2007 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26437 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O
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  • WL 82 deg 17 min 55 sec. Engineering Amendment filed 12/11/2006 PEGASUS BROADCAST TELEVISION, INC. W22DI 128136 BNPTTL-20000831ASD FL , PINE SPRINGS CHAN-59 E TX Construction permit for a new station for PINE SPRINGS, TX on channel 59, Effective Radiated Power .999, coordinates NL 31 deg 57 min 8 sec WL 104 deg 20 min 9 sec. Dismissed per Section 73.3518 of the Commission's Rules MARK SILBERMAN K59IU 128537 BNPTTL-20000831BBV TX , RAWLINS CHAN-45 E WY Construction permit for a new station for RAWLINS, WY on channel 45, Effective Radiated Power 24.0, coordinates NL 41 deg 47 min 17 sec WL 107 deg 14 min 21 sec. Engineering Amendment filed 12/13/2006 ROBERT R. RULE, D.B.A. RULE COMMUNICATIONS K45KJ 129218 BNPTTL-20000831BQK WY
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  • amended From: LA NUEVA CADENA RADIO LUZ, INCORPORATED To: HISPANIC CHRISTIAN COMMUNITY NETWORK, INC. Form 314 Granted With Condition LA NUEVA CADENA RADIO LUZ, INC. KKDL 170977 BAPH-20100525AFF TX 07/16/2010 Actions of: FM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A LICENSED FACILITY DISMISSED , MESQUITE 88.9 MHZ E NV Major change in licensed facilities. Dismissed 7/16/2010 per 47 CFR Section 73.3518 - no letter sent EDUCATIONAL MEDIA FOUNDATION KAIZ 122212 BMJPED-20071018AQG NV DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , ELBERFELD CHAN-12 E IN Construction permit for a new station for ELBERFELD, IN on channel 12 HISPANIC COMMUNITY EDUCATION CONSORTIUM INCORPORATED NEW 183049 BNPDVL-20090828AAS IN Page 1 of 14 Broadcast Actions 7/21/2010 PUBLIC NOTICEFederal Communications Commission 445
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  • market as WCHR-FM. Jersey Shore is the licensee of WJRZ(FM), Manahawkin, New Jersey. According to Jersey Shore, Nassau is the licensee/ broker of five other radio stations in the relevant Arbitron market. Jersey Shore's application (File No. BPH-900117MY) was dismissed by a Hearing Designation Order (``HDO'') on August 6, 1991 because it violated the inconsistent application rule. 47 C.F.R. � 73.3518. Atlantic Radio Communications, Inc., 6 FCC Rcd 4716 (MMB 1991). Between the time the HDO was adopted and issued, the Manahawkin applicants filed a request for approval of a settlement agreement that would have, inter alia, granted Jersey Shore an option to acquire the Manahawkin construction permit after program test authority had commenced. Although the settlement agreement was approved by
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  • 301 application July 26, 2002 (File No. BNP-20020726ACT). In the Staff Decision the Bureau also denied Kemp's Petition to Dismiss the Nelson and Green Valley applications. Kemp argued that, because Nelson and Green Valley have common owners and officers and are represented by the same law firm, they should be considered the same applicant and thus, under 47 C.F.R. � 73.3518, should have been prohibited from filing inconsistent, mutually exclusive applications. Kemp does not seek review of the Bureau's denial of its Petition to Dismiss. 47 C.F.R. � 73.182. See Nelson Application for Review at 4-5; Green Valley Application for Review at 3-4. Nelson Enterprises, Inc., 18 FCC Rcd 3414 (2003). Neither Green Valley nor Nelson sought reconsideration or court review
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  • 307(b) analysis and subsequent determination that KM's Elk Grove proposal merited a Section 307(b) preference; and (3) the Bureau's refusal to reverse its February 1999, decision to re-designate Royce's KIOQ(AM) major modification application as an application for a new AM station. On reconsideration, Zahn reiterates its arguments that KM's applications are inconsistent and should have been dismissed pursuant to Section 73.3518 of the Commission's Rules. III. DISCUSSION 9. Two-Phase Auction Procedures. We reject SRC's contention that the staff should have subjected the short-form applications to acceptability and grantability reviews. SRC's proposal, which has previously been thoroughly debated, and ultimately rejected, by the Commission, is inconsistent with the Commission's competitive bidding procedures. Section 309(j) of the Act requires that the Commission promote
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  • subject of the current proceeding would change the community of license from Walkersville to Poolesville and increase daytime power from 5 to 25 kW at the new Damascus Site. Under the Rule prohibiting inconsistent or conflicting applications, Birach could not both re-file an application for the Damascus Site and pursue its application for the new site. See 47 C.F.R. � 73.3518. The minor change application has been contested by DRRTS. See Informal Objection (Jan. 19, 2007). See 47 C.F.R. � 73.3598(c). See Birach I, supra n.10, 18 FCC Rcd at 1416. Under such circumstances, ordinary staff practice is to consider whether tolling is appropriate as of a date 30 days prior to the permittee's notification. See, e.g., Letter to Lauren Colby,
• http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • services may apply for more than one LPFM construction permit. However, such applicants must designate a ``priority'' application if multiple applications are submitted. Non-priority applications will be dismissed if competing applications are filed in the window. Accordingly, a second application filed by such an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
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  • defective will be dismissed or returned. Single Application Limitation: An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. For additional information, contact Peter Doyle or Brian Butler, Audio Services Division, Mass Media Bureau at (202) 418-2780 or (202) 418-2700. - FCC - � $ $ $ � �
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  • of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
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  • Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
• http://transition.fcc.gov/fcc-bin/audio/DA-06-337A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-337A1.pdf
  • triggered the filing of an application by Station WPAY specifying minimum Class C facilities. The application was granted on September 26, 2003. As a result, the NABC application was dismissed under Note 4 of Section 73.3573 of the rules. NABC filed a Petition for Reconsideration directed to the dismissal of its application and the application thus remains pending. Under Section 73.3518 of the rules, we cannot consider the subsequent inconsistent and conflicting NABC application in this proceeding until final disposition of the NABC Petition for Reconsideration. Waiving this rule in these circumstances would not be conducive to the efficient processing of applications. Moreover, we see no public interest in separately processing inconsistent and repetitious applications filed by a single party. We
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file
• http://wireless.fcc.gov/auctions/32/releases/da002142.doc http://wireless.fcc.gov/auctions/32/releases/da002142.pdf http://wireless.fcc.gov/auctions/32/releases/da002142.txt
  • $3,010.00. See schedule of charges at 47 C.F.R. � 1.1104. Method and form of payment is addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Mass Media Services Application Fee Filing Guide and the FCC Form 301 instructions. The Commission has significantly revised FCC Form 301 and/or the fee schedule since these applications were filed. See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.3571. All filings delivered in this manner must be in an envelope clearly marked for the ``Federal Communications Commission'' addressed to the attention of ``Wholesale Lockbox Shift Supervisor,'' and identified with the appropriate Post Office Box address as set forth in the fee schedule at 47 C.F.R. � 1.1104. See 47 C.F.R. � 0.401(b).
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • near or installation on an AM broadcast tower. Section 73.1745-Unauthorized operation. Section 73.1750-Discontinuance of operation. Section 73.1920-Personal attacks. Section 73.1940-Legally qualified candidates for public office. Section 73.1941-Equal opportunities. Section 73.1943-Political file. Section 73.1944-Reasonable access. Section 73.3511-Applications required. Section 73.3512-Where to file; number of copies. Section 73.3513-Signing of applications. Section 73.3514-Content of applications. Section 73.3516-Specification of facilities. Section 73.3517-Contingent applications. Section 73.3518-Inconsistent or conflicting applications. Section 73.3519-Repetitious applications. Section 73.3520-Multiple applications. Section 73.3525-Agreements for removing application conflicts. Section 73.3539-Application for renewal of license. Section 73.3542-Application for emergency authorization. Section 73.3545-Application for permit to deliver programs to foreign stations. Section 73.3550-Requests for new or modified call sign assignments. Section 73.3561-Staff consideration of applications requiring Commission consideration. Section 73.3562-Staff consideration of applications not requiring
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/2001/da010904.txt
  • services may apply for more than one LPFM construction permit. However, such applicants must designate a ``priority'' application if multiple applications are submitted. Non-priority applications will be dismissed if competing applications are filed in the window. Accordingly, a second application filed by such an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001175.txt
  • defective will be dismissed or returned. Single Application Limitation: An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. For additional information, contact Peter Doyle or Brian Butler, Audio Services Division, Mass Media Bureau at (202) 418-2780 or (202) 418-2700. - FCC - � $ $ $ � �
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da001697.txt
  • of an applicant's proposed transmitter site. Single Application Limitation. An applicant may not file more than one application in this window. Currently, no one may hold an attributable interest in more than one LPFM station. Section 73.855(b)(1). Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/da002831.txt
  • Application Limitation. An applicant may not file more than one application in this window. Currently, no one except government, public safety and transportation organizations may hold an attributable interest in more than one LPFM station. Section 73.855. Accordingly, a second application filed by an applicant in this window would be treated as a ``conflicting'' application subject to dismissal under Section 73.3518. See also Section 73.801 (making Section 73.3518 applicable to LPFM stations). This restriction applies even where more than one frequency is available to an applicant at its proposed transmitter site. . Copies of this Public Notice are available in accessible formats (Braille, large print and audio cassette) by contacting Brian Millin at (202) 418-7426 (voice); 418-7365 (TTY). - FCC -
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.pdf
  • $3,010.00. See schedule of charges at 47 C.F.R. � 1.1104. Method and form of payment is addressed in 47 C.F.R. �� 1.1109, 1.1110. See also the Mass Media Services Application Fee Filing Guide and the FCC Form 301 instructions. The Commission has significantly revised FCC Form 301 and/or the fee schedule since these applications were filed. See 47 C.F.R. �� 73.3518 and 73.3520. See 47 C.F.R. � 73.3571. All filings delivered in this manner must be in an envelope clearly marked for the ``Federal Communications Commission'' addressed to the attention of ``Wholesale Lockbox Shift Supervisor,'' and identified with the appropriate Post Office Box address as set forth in the fee schedule at 47 C.F.R. � 1.1104. See 47 C.F.R. � 0.401(b).
• http://www.fcc.gov/fcc-bin/audio/DA-07-1928A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1928A1.pdf
  • on Section 73.855(b)(1) of the Commission's Rules (the ``Rules''), which prohibits any party except government, public safety and transportation organizations from holding an attributable interest in more than one LPFM station. The LPFM Window Notice further stated that a second application filed by an applicant in the window would be treated as a conflicting application subject to dismissal under Section 73.3518 of the Rules. To demonstrate its compliance with this particular restriction, Section II Item 5(a) of FCC Form 318, the LPFM Application form, requires each applicant to certify that, ``no party to this application has an attributable interest in any other low power FM broadcast station.'' Wisconsin Academy responded ``No'' to Item 5(a) and submitted an exhibit. In its exhibit,
• http://www.fcc.gov/fcc-bin/audio/DA-07-5073A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-5073A1.pdf
  • the Commission's local radio ownership rule. Accordingly, Cumulus filed the Assignment Application for Commission consent to assign the WBCK(AM) license to a divestiture trust to be managed by Stratus, as a condition to its consent to the Exchange Agreement transaction. Discussion. Midwest opposes grant of the Assignment Application on three grounds. First, Midwest argues that the Assignment Application violates Section 73.3518 of the Commission's Rules (the ``Rules'') as an inconsistent and conflicting application. Second, Midwest asserts that the proposed assignment to the divestiture trust violates Section 73.1150 of the Rules and is a sham transaction. Finally, Midwest asserts that Stratus ``improperly certified in the affirmative to Question 6.c.3 of Section III [of the Assignment Application] regarding the insulation of non-party investors.''
• http://www.fcc.gov/fcc-bin/audio/DA-08-349A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-349A1.pdf
  • found when petitioner had more than 30 days to object to the application and failed to do so). See CDBS Public Access, http://svartifoss2.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/app_list .pl. The most recent version and all superceded versions of the application are available on the Commission's public access database. For example, because both applications can be effectuated, the applications are not ``inconsistent'' under 47 C.F.R. � 73.3518. 47 C.F.R. � 73.3520 prohibits multiple applications for service in the same community, in this instance, each application concerns service in a different community. Federal Communications Commission Washington, D.C. 20554 February 12, 2008 � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r��
• http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.pdf
  • 307(b) analysis and subsequent determination that KM's Elk Grove proposal merited a Section 307(b) preference; and (3) the Bureau's refusal to reverse its February 1999, decision to re-designate Royce's KIOQ(AM) major modification application as an application for a new AM station. On reconsideration, Zahn reiterates its arguments that KM's applications are inconsistent and should have been dismissed pursuant to Section 73.3518 of the Commission's Rules. III. DISCUSSION 9. Two-Phase Auction Procedures. We reject SRC's contention that the staff should have subjected the short-form applications to acceptability and grantability reviews. SRC's proposal, which has previously been thoroughly debated, and ultimately rejected, by the Commission, is inconsistent with the Commission's competitive bidding procedures. Section 309(j) of the Act requires that the Commission promote
• http://www.fcc.gov/fcc-bin/audio/FCC-08-53A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-53A1.pdf
  • subject of the current proceeding would change the community of license from Walkersville to Poolesville and increase daytime power from 5 to 25 kW at the new Damascus Site. Under the Rule prohibiting inconsistent or conflicting applications, Birach could not both re-file an application for the Damascus Site and pursue its application for the new site. See 47 C.F.R. � 73.3518. The minor change application has been contested by DRRTS. See Informal Objection (Jan. 19, 2007). See 47 C.F.R. � 73.3598(c). See Birach I, supra n.10, 18 FCC Rcd at 1416. Under such circumstances, ordinary staff practice is to consider whether tolling is appropriate as of a date 30 days prior to the permittee's notification. See, e.g., Letter to Lauren Colby,
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-301.pdf
  • paras.5-9.supra,thedispositivefactsarethatOpenMedia failedtodemonstrateitsentitlementtoawaiverofSection 73.509(a)oftheCommission'sRulesandthuswasnot qualifiedforcomparativeconsideration.Accordingly,we againaffirmthestaffrulingthatabsentacceptanceand designation,OpenMediawasnotentitledtoahearingon establishedthatwhereanexparteviolationisasingleincident, whichisnotrepeatedanddoesnotcauseprejudice,itdoesnot raiseasubstantialandmaterialquestionoffactwarranting furtherinquiry. 8FCCRcd.No.13 thecomparativeSection307(b)ramificationsofitspro- posal.Furthermore,OpenMedia'sallegationthatNIU's proposalinaseparateproceedingtoco-locateaChannel 202operationwiththeexistingChannel207facilityli- censedtoNorthernIllinoisUniversity(WNIU-FM)violates theCommission'smultipleownershiprulesandisgermane tothisproceedingissimplywrong.Section73.3555(f) (Multipleownership)oftheCommission'sRulesexempts NCE-FMstationsfromthestricturesofourmultipleown- ershiprules. 14.OpenMediafurtherallegesthatNIU/REBFdoesnot puta1mV/msignaloveramajorityofRockford,itspro- posedcommunityoflicenseandthereforethatinquiryis warrantedastowhetherNIU/REBFhasfalselystatedits communityoflicense.Werejectthiscontention.Thenote toSection73.315(FMTransmitterlocation)oftheCom- mission'sRulesexemptsNCE-FMstationsoperatingon reservedchannels(Channels200-220)fromthecity-grade requirementsofSection73.315.Accordingly,therequested investigationisnotwarranted. 15.Finally,OpenMediaclaimsthatgrantofthe NIU/REBFapplicationforChannel213wouldbecontrary toSections73.3517,73.3518and73.3520oftheCommis- sion'sRulesbecauseNIUandREBFhaveeachalready filedapplicationsforNCE-FMstationstoserveRockford onChannel202.'Thiscontentionisrejected.Theparties haveenteredintoanagreementofunderstanding,thepur- poseofwhichistodeterminewhichfrequencyeachwould obtain.NIU/REBFhaveexplainedthatthepurposeoftheir jointapplicationforChannel213wastoresolvethemu- tualexclusivitybetweentheirrespectiveapplicationsfor Channel202.Pursuanttotheagreement,shouldthejoint applicationforChannel213passacut-offlistunopposed, REBFwouldwithdrawfromthatjointapplicant.andNIU wouldrequestthedismissalofitsapplicationforChannel 202.a 16.Asnoted,Section73.3555(f)oftheCommission's Rulesprovidesthatthemultipleownershiprulesdonot applytoNCE-FMstations.Accordingly,itisclearthat bothNIUandREBFmayeachhavemorethanone noncommercialeducationalstationintheRockfordmar- ket.WithrespecttotheallegedviolationofSection73.3517 oftheCommission'sRules,therearenocontingentap- plications.IfeitherNIUorREBFhadfiledindividually forChannel213,theapplicationcouldhavebeengranted. TheonlyreasonthatneithertheNIUnorREBFapplica- tionforChannel202couldhavebeengrantedwasbecause theyweremutuallyexclusivewithoneanotherforthat channel.Thus.thereisnoviolationofSection73.3517. Furthermore,thepurposeofSection73.3518"istoavoid thewasteofCommissionresources,prejudicetoother TheAdministrativeLawJudgedismissedNIU'sapplication andgrantedREBF'sapplicationforChannel202byMemoran- dumOpinionandOrder,FCC90M-3525,releasedNovember6, 1990.However.aconstructionpermitforthefacilitywasnot issueduntilJuly29,1991.OnJune17,1991,REBFfiledan applicationtoassigntheconstructionpermittoFaithAcademy d/b/aWFEN.TheassignmentapplicationwasgrantedonOcto- ber2,1991,andthetransactionwasconsummatedonOctober 8,1991. , AlthoughOpenMedia'stimelyfiledapplicationcreated doubtaboutbringingNIUandREBF'splantofruition,the FederalCommunicationsCommissionRecord FCC93-301 applicants,anddelayofservicewhichariseswhenthe Commissionmustprocessapplicationsbythesameperson orentity."ValleyBroadcastingCo..58RR2d945, 948(1985)Itisdesignedtopreventthefilingofmultiple applications"notallofwhichcanbegranted."Id.Since wehavebeforeusNCE-FMapplications,allofwhichmay begranted,Section73.3518issimplyinapplicable.Noris thereanyviolationofSection73.3520ofourRules.Rule 73.3520ispremisedontherebeingalimittothenumber ofstationswhichmaybeownedbyanyonelicenseeinthe samecommunity.However.sincethemultipleownership rulesdonotapplytoNCE-FMoperations,neitherNIU norREBFisprecludedfromowningandoperatingmore thanoneNCE-FMfacilityinthemarket.Thus.itfollows thateachmayhavemorethanoneapplicationpendingat thesametimeforagivenmarket.Accordingly,thepropos- alsofNIUandREBFdonotviolateSections73.3517, 73.3518and73.3520ofourRules.9 17.Insummary,OpenMediahasfailedtodemonstrate thatreconsiderationofthegrantofNIU/REBF'sapplica- tioniswarranted. CONCLUSION 18.ACCORDINGLY,LTISORDERED,Thattheap- plicationforreviewfiledbyOpenMediaonJune23.1989, andpetitionforreconsiderationfiledbyOpenMediaon February28.1990,AREDENIED. FEDERALCOMMUNICATIONSCOMMISSION DonnaR.Searcy Secretary c returnoftheOpenMediaapplicationmadeimplementationof theplanpossible.However,subsequenteventshavemadethe lanmoot.asexplainedinn.7. OpenMediaclaimsthatco-locationoftheNIU/REBFdirec- tionalantennaforChannel213at127.4metersabovegroundon thesametowerasNIU'sproposeddirectionalantennaforChan- nel202at128.7metersabovegroundisphysicallyimpossible andinviolationoftheCommission'srules.However,thestaff examinedNIU'sChannel202applicationandfoundittobein compliancewiththeCommission'stechnicalrules.Hence, OpenMedia'scontentionisrejected.Moreover,sinceNIUhas dismisseditsapplicationforChannel202,thematterisnow moot.
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting applications. [606]TEXT [607]PDF 73.3519 Repetitious applications. [608]TEXT [609]PDF 73.3520 Multiple applications. [610]TEXT [611]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [612]TEXT [613]PDF 73.3522 Amendment of applications. [614]TEXT [615]PDF 73.3523 Dismissal of applications in renewal proceedings. [616]TEXT [617]PDF 73.3525 Agreements for removing application conflicts. [618]TEXT [619]PDF 73.3526 Local public inspection file
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • access. [540]TEXT [541]PDF 73.2080 Equal employment opportunities (EEO). [ [542]Media Bureau's EEO Page ] [543]TEXT [544]PDF 73.3500 Application and report forms. [545]TEXT [546]PDF 73.3511 Applications required. [547]TEXT [548]PDF 73.3512 Where to file; number of copies. [549]TEXT [550]PDF 73.3513 Signing of applications. [551]TEXT [552]PDF 73.3514 Content of applications. [553]TEXT [554]PDF 73.3516 Specification of facilities. [555]TEXT [556]PDF 73.3517 Contingent applications. [557]TEXT [558]PDF 73.3518 Inconsistent or conflicting applications. [559]TEXT [560]PDF 73.3519 Repetitious applications. [561]TEXT [562]PDF 73.3520 Multiple applications. [563]TEXT [564]PDF 73.3521 Mutually exclusive applications for low power television, television translators and television booster stations. [565]TEXT [566]PDF 73.3522 Amendment of applications. [567]TEXT [568]PDF 73.3523 Dismissal of applications in renewal proceedings. [569]TEXT [570]PDF 73.3525 Agreements for removing application conflicts. [571]TEXT [572]PDF 73.3526 Local public inspection file