Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0027 (July 2011)
FCC 301
FOR FCC USE ONLY
 
APPLICATION FOR CONSTRUCTION PERMIT FOR COMMERCIAL BROADCAST STATION

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BPH - 20060203ADT
Section I - General Information
1. Legal Name of the Applicant
BRISTOL BROADCASTING COMPANY, INC.
Mailing Address
901 EAST VALLEY DRIVE
P. O. BOX 1389

City
BRISTOL
State or Country (if foreign address)
VA
ZIP Code
24201 -
Telephone Number (include area code)
2766698112
E-Mail Address (if available) 
PETE@WXBQ.COM
FCC Registration Number:
0002071504
Call Sign 
WQQR
Facility ID Number
71613
2. Contact Representative (if other than Applicant)
CLIFFORD M. HARRINGTON, ESQ.
Firm or Company Name
PILLSBURY WINTHROP SHAW PITTMAN LLP
Mailing Address
2300 N STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20037 - 1128
Telephone Number (include area code)
2026638000
E-Mail Address (if available)
CLIFFORD.HARRINGTON@PILLSBURYLAW.COM
3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Other
N/A (Fee Required)
4.
Application Purpose
New station New Station with Petition for Rulemaking or Counterproposal to Amend FM Table of Allotments
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:

- NA
(b) 
Service Type:

AM FM
(c) Community of License:
City: CLINTON

State: KY

 (d) Facility Type

Main Auxiliary
If an amendment, submit as an Exhibit a listing by Section and Question Number the portions of the pending application that are being revised. [Exhibit 1]



NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section II - Legal

1. Certification.  Applicant certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Applicant further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets. Yes No
2. Parties to the Application.
a. List the applicant, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the applicant, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary.

(1)   Name and address of the applicant and each party to the application holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the applicant first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners. (2)   Citizenship.
(3)   Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
(4)   Percentage of votes.
(5)   Percentage of total assets (equity plus debt).

[Enter Parties/Owners Information]




b. Applicant certifies that equity and financial interests not set forth above are non-attributable.
Yes No
N/A
See Explanation in
[Exhibit 2]
3. Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast stations in which applicant or any party to the application has an attributable interest. N/A

[Exhibit 3]

4. Multiple Ownership.
a. Is the applicant or any party to the application the holder of an attributable radio joint sales agreement or an attributable radio or television time brokerage agreement in the same market as the station subject to this application?

If "YES," radio applicants must submit as an Exhibit a copy of each such agreement for radio stations.

Yes No

[Exhibit 4]

b. Applicant certifies that the proposed facility complies with the Commission's multiple ownership rules and cross-ownership rules.

Radio applicants only: If "Yes," submit an Exhibit providing information regarding the market, broadcast station(s), and other information necessary to demonstrate compliance with 47 C.F.R. § 73.3555(a).

All Applicants: If "No," submit as an Exhibit a detailed explanation in support of an exemption from, or waiver of, 47 C.F.R. § 73.3555.

Yes No


[Exhibit 5]

c. Applicant certifies that the proposed facility:
(1) does not present an issue under the Commission's policies relating to media interests of immediate family members;
(2)  complies with the Commission's policies relating to future ownership interests; and
(3)  complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors.

Yes No
See Explanation in
[Exhibit 6]

d.
Does the Applicant claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds:
(1)  30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or
(2)  15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or
(3) more than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)?
All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of status as an eligible entity.

Yes No
See Explanation in
[Exhibit 7]

5. 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 8]
6. Adverse Findings. Applicant certifies that, with respect to the applicant and any party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another government unit; or discrimination. Yes No

See Explanation in
[Exhibit 9]

7. Alien Ownership and Control. Applicant certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. Yes No

See Explanation in
[Exhibit 10]

8. Program Service Certification. Applicant certifies that it is cognizant of and will comply with its obligations as a commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. Yes No
9. Local Public Notice. Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes No
10. Auction Authorization. If the application is being submitted to obtain a construction permit for which the applicant was the winning bidder in an auction, then the applicant certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a) and 1.2112(b), if applicable.

An exhibit is required unless this question is inapplicable.

Yes No
N/A

[Exhibit 11]

11. Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No
12. Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A. Yes No
N/A
13. Petition for Rulemaking/Counterproposal to Add New FM Channel to FM Table of Allotments. If the application is being submitted concurrently with a Petition for Rulemaking or Counterproposal to Amend the FM Table of Allotments (47 C.F.R. section 73.202) to add a new FM channel allotment, petitioner/counter-proponent certifies that, if the FM channel allotment requested is allotted, petitioner/counter-proponent will apply to participate in the auction of the channel allotment requested and specified in this application. Yes No
N/A
14. Tribal Priority - Threshold Qualifications. Is the Applicant applying for an FM allotment set forth in a Public Notice announcing a Tribal Threshold Qualifications window? An Applicant answering "Yes" must provide an Exhibit demonstrating that it would have been qualified to add the allotment for which it is applying using the Tribal Priority. Yes No
N/A

[Exhibit 12]

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
W.L. NININGER
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
02/03/2006

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



Section III-B - FM Engineering
TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable.
TECH BOX
1. Channel Number: 234
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 36 Minutes 45 Seconds 19     North     South


Longitude: 
Degrees 88 Minutes 39 Seconds 36.6     West     East

4. Proposed Allotment or Assignment Coordinates: (NAD 27) Not Applicable

Latitude:    
Degrees Minutes Seconds     North     South


Longitude: 
Degrees Minutes Seconds     West     East

5. Antenna Structure Registration Number:    1043138
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 140.2meters
7. Height of Radiation Center Above Mean Sea Level: 289 meters(H) 289 meters(V)
8. Height of Radiation Center Above Ground Level: 133.8meters(H) 133.8meters(V)
9. Height of Radiation Center Above Average Terrain: 144meters(H) 144meters(V)
10. Effective Radiated Power: 50 kW(H) 50 kW(V)
11. Maximum Effective Radiated Power: Not Applicable
(Beam-Tilt Antenna ONLY)
kW(H) kW(V)
12.
Directional Antenna Relative Field Values: Not applicable (Nondirectional)
Rotation (Degrees): No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 10 20 30 40 50
60 70 80 90 100 110
120 130 140 150 160 170
180 190 200 210 220 230
240 250 260 270 280 290
300 310 320 330 340 350
Additional 
Azimuths

Relative Field Polar Plot

NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

CERTIFICATION

AUXILIARY ANTENNA APPLICANTS ARE NOT REQUIRED TO RESPOND TO ITEMS 13-16. PROCEED TO ITEM 17.

13. Availability of Channels.    The proposed facility complies with the allotment requirements of 47 C.F.R. Section 73.203. Yes No

See Explanation in
[Exhibit 27]

14. Community Coverage.    The proposed facility complies with 47 C.F.R. Section 73.315. Yes No

See Explanation in
[Exhibit 28]

15. Main Studio Location.    The proposed main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 29]

16.
Interference.    The proposed facility complies with all of the following applicable rule sections:
Check all those that apply:
Yes No

See Explanation in
[Exhibit 30]

Separation Requirements.
a)      47 C.F.R. Section 73.207

Grandfathered Short-Spaced.

b)      47 C.F.R. Section 73.213(a) with respect to station(s):
Exhibit required
[Exhibit 31]
c)      47 C.F.R. Section 73.213(b) with respect to station(s):
Exhibit required
[Exhibit 32]
d)      47 C.F.R. Section 73.213(c) with respect to station(s):
Exhibit required.
[Exhibit 33]

Contour Protection

e)   47 C.F.R. Section 73.215 with respect to station(s):
Exhibit required.
[Exhibit 34]
17. Environmental Protection Act.    The proposed facility is excluded from environmental processing under 47. C.F.R. Section 1.1306 (i.e., The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 35]

18. Community of License Change - Section 307(b). If the application is being submitted to change the facility's community of license, then the applicant certifies that it has attached an exhibit containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of station assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).

An exhibit is required unless this question is not applicable.

Yes No
N/A

[Exhibit 36]

PREPARERS CERTIFICATION ON PAGE 3 MUST BE COMPLETED AND SIGNED.



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
JOHN J. MULLANEY
Relationship to Applicant (e.g., Consulting Engineer)
CONSULTING ENGINEER
Signature
Date
01/30/2006
Mailing Address
MULLANEY ENGINEERING, INC.
9049 SHADY GROVE COURT
City
GAITHERSBURG
State or Country (if foreign address)
MU
Zip Code
20877 -
Telephone Number (include area code)
3019210115
E-Mail Address (if available)
MULLANEY@MULLENGR.COM

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



Exhibits
Exhibit 5
Description:
RADIO DUOPOLY COMPLIANCE

JANUARY 2006

BRISTOL BROADCASTING OWNS A TOTAL OF NINE STATIONS IN THE LOCAL AREA (FIVE FM & 4 AM). THE COMMONLY OWNED FMS ARE WLLE(FM), WQQR(FM), WLIE-FM, WKYQ(FM) AND WDDJ(FM). THE COMMONLY OWNED AMS ARE WNGO(AM), WKYX(AM), WDXR(AM) AND WPAD(AM). IT WAS DETERMINED THAT NONE OF THE CITIES OF LICENSES ARE LOCATED WITHIN A RATED ARBITRON MARKET. AS DEMONSTRATED IN FIGURE A, ATTACHED AS PART OF THE ENGINEERING STATEMENT AT EXHIBIT 25, THE NINE STATIONS FORM TWO SEPARATE MARKETS. THE LARGER MARKET CONSISTS OF WQQR(FM) AND WLLE(FM) (AS PROPOSED IN THE INSTANT APPLICATION AND IN A CONTEMPORANEOUSLY FILED APPLICATION) AS WELL AS WKYQ(FM), WDDJ(FM), WKYX(AM), WDXR(AM), AN WPAD(AM). THE SMALLER MARKET CONSISTS OF WQQR(FM) AND WLLE(FM) (AS PROPOSED IN THE INSTANT APPLICATION AND IN A CONTEMPORANEOUSLY FILED APPLICATION) AS WELL AS WNGO(AM) (SHOWN ON THE MAP AS WNOL), WPAD(AM), WKYQ(FM), AND WDDJ(FM). AS DEMONSTRATED IN FIGURE B, ATTACHED AS PART OF THE ENGINEERING STATMENT AT EXHIBIT 25, BOTH MARKETS CONTAIN THE SAME STATIONS OWNED BY ENTITIES OTHER THAN BRISTOL.

FIGURE A IS A MAP ILLUSTRATING THE CITY GRADE CONTOURS (FM 70 DBU & AM 5 MV/M) FOR EACH OF THE NINE COMMONLY OWNED STATIONS/APPLICATION (APPS ARE SHOWN AS DASHED CIRCLES). AS CAN BE SEEN, THE DUOPOLY OVERLAP CREATED BY THE TWO FM APPLICATIONS CREATES A MARKET CONSISTING OF 4 FM & 3 AM (7 TOTAL) STATIONS AND A SECOND MARKET CONSISTING OF 4 FM & 2 AM (6 TOTAL) STATIONS. THIS ADDITIONAL OVERLAP REQUIRES THAT TOTAL DUOPOLY MARKET NOW CONSISTS OF 30 OR MORE STATIONS.

FIGURE B IS A MAP WHICH OUTLINES THE DUOPOLY OVERLAP FOOTPRINT CREATED BY WKYQ AND THE PENDING APP OF WQQR. THE MAP ALSO SHOWS THAT WITHIN THIS OVERLAP FOOTPRINT (GRAY SHADED AREA) THERE ARE ANTENNA/TOWER SITES OF 13 FM AND 5 AM STATIONS WHICH ARE OWNED BY ENTITIES OTHER THAN BRISTOL. SINCE THE ANTENNA/TOWER SITES ARE LOCATED WITHIN THE OVERLAP FOOTPRINT IT IS NOT NECESSARY TO SHOW THEIR INDIVIDUAL CONTOURS.   IN ADDITION, THE MAP SHOWS THAT THE 70 DBU CONTOURS FOR 10 EXISTING NON-COMMONLY OWNED FM STATIONS OVERLAP THE DUOPOLY FOOTPRINT. AS REQUIRED BY THE RULES, ALL OF THE NON-COMMONLY OWNED STATIONS REFERENCE HEREIN ARE LOCATED WITHIN 92 KM OF THE PERIMETER OF THE 7 COMMONLY OWNED STATION OVERLAP AREA (YELLOW SHADED AREA). THE COORDINATES FOR THE 7 STATION OVERLAP REFERENCE POINT USED IS 37-02-00 / 88-39-30. IN SUMMARY, THIS MAP SHOWS THAT THERE ARE A TOTAL OF 28 NON-COMMONLY OWNED FM & AM STATIONS SERVING THE RADIO DUOPOLY MARKET CREATED BY THE TWO PENDING BRISTOL APPLICATIONS.

BASED UPON THIS ANALYSIS IT WAS CONCLUDED THAT THE RADIO MARKET CONSISTS OF AT LEAST 35 STATIONS INCLUDING THE 7 UNDER COMMON CONTROL. IN ORDER TO JUSTIFY THE OWNERSHIP OF 7 OVERLAPPING STATIONS (NOT MORE THAN 4 IN THE SAME SERVICE) IT IS ONLY NECESSARY TO SHOW A TOTAL OF 30 STATIONS IN THE MARKET. THIS STATEMENT DEMONSTRATES THAT THERE ARE AT LEAST 30 STATIONS OR 5 MORE THAN NECESSARY IN THE RADIO MARKET. AT THIS POINT THE ANALYSIS HAS NOT INCLUDED ANY AM STATION WHICH IS PHYSICALLY LOCATED OUTSIDE THE DUOPOLY FOOTPRINT AND THAT GENERATES A CITY GRADE CONTOUR OVERLAPPING A PORTION OF THE DUOPOLY FOOTPRINT, SO THE ACTUAL MARKET SIZE IS LARGER THAN THE 35 DOCUMENTED HEREIN.

Attachment 5


Exhibit 27
Description:
ALLOTMENT

JANUARY 2006

NEW CITY OF LICENSE AND UPGRADE GRANTED PER MB DOCKET 05-152.
WLLE ON 271C2 MOVES TO MAYFIELD, KY (UPGRADE)
WQQR ON 234C2 MOVE TO CLINTON, KY



Attachment 27


Exhibit 30
Description:
ENGINEERING DISCUSSION

JANUARY 2006

WQQR HAS BEEN ORDER TO OPERATE ON 234C2 AT CLINTON, KY.
WQQR PLANS TO SIDE MOUNT ON AN EXISTING REGISTERED TOWER.

FIGURE 2 IS A COVERAGE MAP.
FIGURE 2-A IS A MAP DEMONSTRATING CITY GRADE COVERAGE.
CITY GRADE ENCOMPASSES 90.1% OF PERSONS AND 86.9% OF LAND
WITHIN CITY OF CLINTON, KY.
FIGURE 3 IS A TOWER SKETCH.

THE SITE BEING PROPOSED IS SHORT SPACED TO ONE STATION.
FIGURE 4 IS A CHANNEL STUDY AND FIGURE 5 IS A MAP
DEMONSTRATING THAT THE OMNI ANTENNA PATTERN PROVIDES
FULL CONTOUR PROTECTION PER 73.215.

PROPOSED APPLICATION COMPLIES WITH RADIO DUOPOLY RULES.
MAX OVERLAP IS 4 FM AND 3 AM. MARKET CONSISTS OF 35 STATIONS.
SEE NARRATIVE AND FIGURES A & B.


FIGURE 1 INTENTIONALLY OMITTED.



Attachment 30
Description
Engineering Narrative - - - - - January 2006
Fig 2 - Coverage Map
Fig 2-A - City Grade Map
Fig 3 - Tower Sketch
Fig 4 - FM Channel Study
Fig 5 - Contour Protection - 73.215
Fig 6 - RF Exposure Plot
Fig A - Commonly Owned Stations
Fib B - Other Services to Area


Exhibit 34
Description:
CONTOUR PROTECTION

JANUARY 2006

APPLICATION IS SHORT SPACED TO WCDZ.
SEE FIGURE 4 & 5.



Attachment 34


Exhibit 35
Description:
ENVIRONMENTAL COMPLIANCE

JANUARY 2006

APPLICATION PROPOSES TO SIDE MOUNT ON AN EXISTING TOWER
WHICH WAS BUILT PRIOR TO 2001. INSTALLATION OF ITS
PROPOSED ANTENNA WILL HAVE MINIMAL AFFECT ON THE VISUAL
IMPACT OF THE TOWER. A FULL SECTION 106 STUDY IS NOT
REQUIRED.

RF EXPOSURE AT GROUND LEVEL IS LESS THAN 1.75% OF CONTROLLED LIMIT.
NO OTHER SIGNIFICANT SERVICES IN THE AREA.


Attachment 35