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 - 20070119ABG
Section I - General Information
1. Legal Name of the Applicant
SUNBURST MEDIA-LOUISIANA, LLC
Mailing Address
300 CRESCENT COURT
SUITE 850

City
DALLAS
State or Country (if foreign address)
TX
ZIP Code
75201 -
Telephone Number (include area code)
2145285214
E-Mail Address (if available) 
DLT@DONLTURNER.COM
FCC Registration Number:
0014150403
Call Sign 
KCIL
Facility ID Number
25520
2. Contact Representative (if other than Applicant)
PETER GUTMANN, ESQUIRE
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 I STREET, NW
SEVENTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2028574532
E-Mail Address (if available)
PGUTMANN@WCSR.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: JEAN LAFITTE

State: LA

 (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
DON L. TURNER
Typed or Printed Title of Person Signing
VICE PRESIDENT OF MANAGER
Signature
Date
01/19/2007

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: 298
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 29 Minutes 48 Seconds 30     North     South


Longitude: 
Degrees 89 Minutes 45 Seconds 42     West     East

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

Latitude:    
Degrees 29 Minutes 48 Seconds 30     North     South


Longitude: 
Degrees 89 Minutes 45 Seconds 42     West     East

5. Antenna Structure Registration Number:    1027930
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 315meters
7. Height of Radiation Center Above Mean Sea Level: 299 meters(H) 299 meters(V)
8. Height of Radiation Center Above Ground Level: 299meters(H) 299meters(V)
9. Height of Radiation Center Above Average Terrain: 299meters(H) 299meters(V)
10. Effective Radiated Power: 98 kW(H) 98 kW(V)
11. Maximum Effective Radiated Power: Not Applicable
(Beam-Tilt Antenna ONLY)
100 kW(H) 100 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
ERIK C. SWANSON
Relationship to Applicant (e.g., Consulting Engineer)
TECHNICAL CONSULTANT
Signature
Date
01/14/2007
Mailing Address
HATFIELD & DAWSON CONSULTING ENGINEERS
9500 GREENWOOD AVE N
City
SEATTLE
State or Country (if foreign address)
WA
Zip Code
98103 -
Telephone Number (include area code)
2067839151
E-Mail Address (if available)
ESWANSON@HATDAW.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:
COMPLIANCE WITH MULTIPLE OWNERSHIP RULES

NO OWNERSHIP CHANGES ARE CONTEMPLATED HEREIN. THE APPLICANT FOR THIS MINOR CHANGE IS ALSO THE LICENSEE OF STATIONS KJIN(AM), HOUMA, LA (FACILITY IDENTIFICATION NUMBER 25521), KBZZ-FM, MORGAN CITY, LA (# 67677) AND KXOR-FM, THIBODAUX, LA (# 35989).

IN BALH-20051031AEP THROUGH -AES, THE FCC GRANTED ITS CONSENT TO ASSIGN THE LICENSES OF ALL FOUR STATIONS TO THE APPLICANT. IN THAT APPLICATION, A MULTIPLE OWNERSHIP STUDY DEMONSTRATED THAT THE STATIONS COMPRISED A SINGLE NON-METRO RADIO MARKET OF 29 STATIONS AND THEREFORE COMPLIED WITH SECTION 73.3555(A)(1)(III) OF THE COMMISSION'S RULES.

ATTACHED IS A MAP DEMONSTRATING THAT AS A RESULT OF THE SITE CHANGE PROPOSED HEREIN KCIL WILL NOT INTERSECT THE CONTOUR OF ANY COMMONLY-OWNED STATION.

IF, AS A RESULT OF THE CITY OF LICENSE CHANGE PROPOSED HEREIN, KCIL BECOMES PART OF THE NEW ORLEANS METRO MARKET (AS IS EXPECTED, DUE TO ITS INCREASED GEOGRAPHIC PROXIMITY TO THAT MARKET), THEN THE APPLICANT WOULD CONTROL ONE STATION (KCIL ITSELF) IN THAT MARKET, WHICH, ACCORDING TO THE BIA DATABASE, COMPRISES 41 STATIONS, AND THEREFORE WOULD CONTINUE TO COMPLY WITH FCC MULTIPLE OWNERSHIP RULES.

WE NOTE THAT IN BTCH-20060809ACY THROUGH -ADB, THE COMMISSION APPROVED A TRANSFER OF CONTROL OF THE APPLICANT, WHICH THE PARTIES HAVE NOT YET CONSUMMATED. AS NOTED IN THAT APPLICATION, THE TRANSFEREE HAS NO OTHER BROADCAST INTERESTS IN EITHER THE EXISTING MARKET OF KCIL OR ITS PROPOSED NEW ORLEANS MARKET, AND SO CONSUMMATION OF THIS TRANSFER OF CONTROL WILL NOT AFFECT THE LICENSEE'S COMPLIANCE WITH THE COMMISSION'S MULTIPLE OWNERSHIP RULES, AS STATED ABOVE.

Attachment 5
Description
KCIL OWNERSHIP STUDY MAP


Attachment 28
Description
KCIL CONTOUR MAP


Attachment 30
Description
KCIL SPACING STUDY


Attachment 35
Description
KCIL NIER STUDY


Exhibit 36
Description:
KCIL 307(B) MATERIAL

THIS APPLICATION PROPOSES TO CHANGE THE TRANSMITTER SITE OF KCIL AND ITS CITY OF LICENSE FROM HOUMA TO JEAN LAFITTE, LOUISIANA.

AS DEMONSTRATED BELOW, THIS CHANGE WILL SERVE THE PUBLIC INTEREST BY ADVANCING THE COMMISSIONS ESTABLISHED FM ALLOTMENT PRIORITIES, AS SET FORTH IN REVISION OF FM ASSIGNMENT POLICIES AND PROCEDURES, 90 FCC 2D 88 (1982), RECON. DENIED, 56 RR 2D 448 (1983). THE PRIORITIES ARE: (1) FIRST FULL-TIME AURAL SERVICE; (2) SECOND FULL-TIME AURAL SERVICE; (3) FIRST LOCAL SERVICE; AND (4) OTHER PUBLIC INTEREST MATTERS, WITH CO-EQUAL WEIGHT GIVEN TO PRIORITIES (2) AND (3).

THE ATTACHED SECTION 307(B) ANALYSIS PREPARED BY HATFIELD & DAWSON CONSULTING ENGINEERS DEMONSTRATES THAT THIS PROPOSAL WILL ENTAIL NO FIRST OR SECOND FULL-TIME SERVICE GAINS OR LOSSES, AND THUS WILL NOT INVOKE PRIORITIES (1) AND (2). HOWEVER, THE CHANGES PROPOSED IN THIS APPLICATION WILL SATISFY PRIORITY (3), AS THEY WILL RESULT IN A FIRST LOCAL SERVICE TO JEAN LAFITTE, HAVING A 2000 CENSUS POPULATION OF 2,137. HOUMA (2000 CENSUS POPULATION: 32,393) WILL RETAIN LOCAL SERVICE FROM TWO FULL-TIME STATIONS: KJIN(AM) AND KYRK(FM). IT IS FURTHER NOTED THAT WHILE THE POPULATION OF HOUMA IS SHRINKING (2005 CENSUS ESTIMATE: 32,105), THE POPULATION OF JEAN LAFITTE IS GROWING CONSIDERABLY (2005 CENSUS ESTIMATE: 2,303, EQUIVALENT TO A DECENNIAL INCREASE OF 15.5%), CONTINUING A GROWTH SPURT IN THE 1990S FROM 1,469 (A 45.5% DECENNIAL INCREASE).

THE HATFIELD & DAWSON STUDY FURTHER DOCUMENTS THAT THIS PROPOSAL WILL RESULT IN A NET SERVICE INCREASE TO 918,667 PERSONS, AFTER TAKING INTO ACCOUNT A LOSS AREA OF 256,749 PERSONS. THE NUMBER OF PERSONS IN THE LOSS AREA WHO WILL BE UNDERSERVED ARE: 82 PERSONS (0.03% OF THE LOSS AREA POPULATION) WHO WILL CONTINUE TO RECEIVE 3 FULL-TIME SERVICES, AND 235 PERSONS (0.09% OF THE LOSS AREA POPULATION) WHO WILL RECEIVE 4 FULL-TIME SERVICES. BOTH IN ABSOLUTE TERMS AND IN COMPARISON TO THE NET LOSS AND GAIN AREA POPULATIONS, THESE SERVICE LOSSES ARE DE MINIMUS. THUS, IN WALLACE, IDAHO AND BIGFORK, MONTANA, 16 FCC RCD 9591 (ALLOCATIONS BRANCH, 2001) AT 8-10, 150 PERSONS (0.79% OF THE TOTAL LOSS POPULATION OF 19,094) NO LONGER WERE TO RECEIVE A SECOND SERVICE (THUS TRIGGERING CONCERN UNDER PRIORITY 2) BUT WERE DEEMED DE MINIMUS, AS WAS NEARLY ONE-QUARTER OF THE TOTAL LOSS AREA THAT WAS TO BE UNDERSERVED. IN PALESTINE AND FRANKSTON, TEXAS, 14 FCC RCD 4362 (ALLOCATIONS BRANCH, 1999) AT 4, A LOSS OF SERVICE BY WHICH 100 PEOPLE (0.43% OF THE TOTAL LOSS AREA POPULATION OF 23,482) WOULD RECEIVE ONLY 4 STATIONS AND 267 (1.14%) WOULD RECEIVE ONLY 3 WAS FOUND TO BE DE MINIMUS IN COMPARISON TO A FIRST LOCAL STATION TO A COMMUNITY OF 1,127. SIMILARLY, IN CHASE CITY, VIRGINIA AND CREEDMOOR, AHOSKIE, GATESVILLE AND NASHVILLE, NORTH CAROLINA, 19 FCC RCD 8483 (ALLOCATIONS BRANCH, 2004) AT 5, 811 PEOPLE (8.5% OF THE 68,714 POPULATION IN THE LOSS AREA) WERE LEFT WITH 2 STATIONS, 4,278 (6.2%) WERE LEFT WITH 3 STATIONS AND 9,327 (13.6%) WERE LEFT WITH FOUR STATIONS, AGAINST A NET GAIN OF 556,759. IN EACH OF THESE CASES, THE LOSSES WERE DEEMED DE MINIMUS, ALTHOUGH THE MAGNITUDE WAS SIGNIFICANTLY GREATER THAN IN THE SITUATION PROPOSED HERE (AND THE NET GAIN WAS SUBSTANTIALLY LESS).

THE HATFIELD & DAWSON STUDY NOTES THAT WHILE JEAN LAFITTE IS NOT LOCATED WITHIN ANY URBANIZED AREA, ITS 70 DBU CONTOUR WILL COVER MOST OF THE NEW ORLEANS URBANIZED AREA. THUS, IN ORDER TO AFFIRM THAT JEAN LAFITTE IS SUFFICIENTLY INDEPENDENT FROM NEW ORLEANS AND DESERVES TO BE CONSIDERED A COMMUNITY WITH NEED FOR ITS OWN STATION, THE FACTORS SET FORTH IN FAYE AND RICHARD TUCK, 3 FCC RCD 5374 (1988) ARE ANALYZED.

THE TWO THRESHOLD CONSIDERATIONS ARE THE DEGREE TO WHICH THE STATION WOULD PROVIDE COVERAGE TO NEW ORLEANS IN ADDITION TO ITS COMMUNITY OF LICENSE, AND THE SIZE AND PROXIMITY OF JEAN LAFITTE RELATIVE TO NEW ORLEANS. HERE, THE PROPOSED COVERAGE WILL ENCOMPASS MOST OF THE NEW ORLEANS URBANIZED AREA. JEAN LAFITTE IS LOCATED APPROXIMATELY TEN MILES SOUTH OF NEW ORLEANS, AND IS LOCATED OUTSIDE THE NEW ORLEANS URBANIZED AREA AND IN A DIFFERENT PARISH (THE LOUISIANA EQUIVALENT OF A COUNTY). THE RELATIVE POPULATIONS ARE 2,303 V. 454,863 (2005 CENSUS FIGURES). HOWEVER, THIS DIFFERENCE IS NOT DECISIVE, AS THE COMMISSION HAS PREVIOUSLY HELD THAT A POPULATION PROPORTION OF LESS THAN ONE PER CENT DID NOT PRECLUDE FAVORABLE CONSIDERATION AS A FIRST LOCAL SERVICE. SEE, E.G., ADA, NEWCASTLE AND WATONGA, OKLAHOMA, 11 FCC RCD 16896 (MMB 1996). RATHER, THE MOST IMPORTANT CONSIDERATION IS THE INDEPENDENCE OF THE PROPOSED COMMUNITY OF LICENSE.

IN TUCK, SUPRA, THE COMMISSION SET FORTH EIGHT FACTORS, WHICH ARE DISCUSSED BELOW, AS INDICATIVE OF INDEPENDENCE. EACH OF THESE FACTORS IS DISCUSSED BELOW:

(1) THE EXTENT TO WHICH THE COMMUNITY RESIDENTS WORK IN THE LARGER METROPOLITAN AREA, RATHER THAN THE SPECIFIED COMMUNITY -- WE ARE AWARE OF NO PRECISE DATA RELEVANT TO THIS FACTOR. HOWEVER, DATA AVAILABLE ON THE WEBSITE HTTP://WWW.CITY-DATA.COM/ZIPS/70067.HTML STATES THAT FOR JEAN LAFITTES ZIP CODE OF 70067, 72 PEOPLE REPORT TRAVEL TIME TO WORK OF LESS THAN 5 MINUTES, ANOTHER 92 PEOPLE REPORT BETWEEN 5 AND 9 MINUTES AND AN ADDITIONAL 131 REPORT BETWEEN 10 AND 14 MINUTES, THUS STRONGLY SUGGESTING THAT A SIGNIFICANT NUMBER OF JEAN LAFITTE RESIDENTS WORK IN JEAN LAFITTE OR THE IMMEDIATELY SURROUNDING AREA, RATHER THAN COMMUTE TO NEW ORLEANS.

(2) WHETHER THE SMALLER COMMUNITY HAS ITS OWN NEWSPAPER OR OTHER MEDIA THAT COVERS THE COMMUNITY'S NEEDS AND INTERESTS -- JEAN LAFITTE HAS NO LOCAL MEDIA. THAT IS THE VERY REASON WHY A LOCAL STATION IS NEEDED TO PROVIDE AN OUTLET FOR LOCAL NEEDS AND INTERESTS THAT ARE GENERALLY IGNORED BY MEDIA FROM NEW ORLEANS.

(3) WHETHER COMMUNITY LEADERS AND RESIDENTS PERCEIVE THE SPECIFIED COMMUNITY AS BEING AN INTEGRAL PART OF, OR SEPARATE FROM, THE LARGER METROPOLITAN AREA -- JEAN LAFITTE HAS A SUBSTANTIALLY DIFFERENT IDENTITY FROM NEW ORLEANS, DUE TO ITS ACADIAN CULTURE, THE MORE PROSPEROUS FAMILY ENVIRONMENT AND DISINTEREST IN ATTRACTING LARGE BUSINESSES, DUE IN SUBSTANTIAL PART TO LOCAL ZONING LAWS. THERE ARE NO LOCAL TAXES, AND THE PACE IS THAT OF A SMALLER TOWN THAN NEW ORLEANS CAN OFFER. RESIDENTS LOOK TO JEAN LAFITTE FOR GOOD HOMES, SCHOOLS AND A COMMUNITY ENVIRONMENT. THE MAYOR IS SECURING OVER $150 MILLION FOR LEVEES AND BRIDGES IN AN EFFORT TO ATTRACT MORE BUSINESS IN THE AREAS OF TOURISM, REAL ESTATE AND COMMERCIAL SHIPBUILDING. CIVIC EVENTS INCLUDE AN ANNUAL SEAFOOD FESTIVAL HELD EACH JULY, AND SEVERAL BUSINESSES HAVE JEAN LAFITTE IN THEIR NAME, INCLUDING AIRBOAT SWAMP TOURS OF LAFITTE, JEAN LAFITTE INN, LAFITTE FROZEN FOOD AND JEAN LAFITTE SWAMP TOURS.

(4) WHETHER THE SPECIFIED COMMUNITY HAS ITS OWN LOCAL GOVERNMENT AND ELECTED OFFICIALS -- JEAN LAFITTE HAS AN ELECTED MAYOR AND A FOUR-MEMBER CITY COUNCIL.

(5) WHETHER THE SMALLER COMMUNITY HAS ITS OWN LOCAL TELEPHONE BOOK PROVIDED BY THE LOCAL TELEPHONE COMPANY OR ZIP CODE -- JEAN LAFITTE HAS A ZIP CODE OF 70067 THAT IS SHARED WITH LAFITTE (A CENSUS DESIGNATED PLACE). A POST OFFICE IS LOCATED IN JEAN LAFITTE.

(6) WHETHER THE COMMUNITY HAS ITS OWN COMMERCIAL ESTABLISHMENTS, HEALTH FACILITIES, AND TRANSPORTATION SYSTEMS -- AMONG OTHERS ESTABLISHMENTS AND FACILITIES, JEAN LAFITTE HAS A TOWN HALL, A MEDICAL CENTER WITH FAMILY, EYE AND DENTAL CARE, AN AUDITORIUM, A TOURIST INFORMATION CENTER, A CIVIC CENTER, A SENIOR CITIZENS CENTER, TWO CHURCHES AND THE LOUISIANA MARINE FISHERIES MUSEUM.

(7) THE EXTENT TO WHICH THE SPECIFIED COMMUNITY AND THE CENTRAL CITY ARE PART OF THE SAME ADVERTISING MARKET -- THERE IS NO OPPORTUNITY FOR A SEPARATE ADVERTISING MARKET, SINCE THERE ARE NO ADVERTISING MEDIA SPECIFIC TO JEAN LAFITTE, WHICH KCIL WILL BE THE FIRST TO PROVIDE.

(8) THE EXTENT TO WHICH THE SPECIFIED COMMUNITY RELIES ON THE LARGER METROPOLITAN AREA FOR VARIOUS MUNICIPAL SERVICES SUCH A POLICE, FIRE PROTECTION, SCHOOLS, AND LIBRARIES -- JEAN LAFITTE HAS ITS OWN POLICE FORCE. A LIBRARY IS TEMPORARILY CLOSED PENDING RECOVERY FROM HURRICANE KATRINA. LOCATED IN JEAN LAFITTE ARE AN ELEMENTARY SCHOOL AND A MIDDLE-HIGH SCHOOL THAT ARE PART OF THE JEFFERSON PARISH PUBLIC SCHOOL SYSTEM. A VOLUNTEER FIRE DEPARTMENT IS LOCATED IN JEAN LAFITTE AND ALSO SERVES BARATARIA AND CROWN POINT. OTHER SERVICES ARE PROVIDED BY JEFFERSON PARISH. IT SHOULD BE EMPHASIZED THAT NEW ORLEANS IS NOT IN JEFFERSON PARISH. THUS, JEAN LAFITTE RESIDENTS DO NOT RELY ON NEW ORLEANS FOR THEIR MUNICIPAL SERVICES.


Attachment 36
Description
KCIL 307(B) ENGINEERING STATEMENT