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 - 20061114ACF
Section I - General Information
1. Legal Name of the Applicant
SEBAGO BROADCASTING COMPANY, L.L.C.
Mailing Address
6139 FRANKLIN PARK ROAD

City
MCLEAN
State or Country (if foreign address)
VA
ZIP Code
22101 -
Telephone Number (include area code)
7037615013
E-Mail Address (if available) 
AWF@GG-LAW.COM
FCC Registration Number:
0007822059
Call Sign 
WCTG
Facility ID Number
88405
2. Contact Representative (if other than Applicant)
A. WRAY FITCH III
Firm or Company Name
GAMMON & GRANGE, P.C.
Mailing Address
8280 GREENSBORO DRIVE, 7TH FLOOR

City
MCLEAN
State or Country (if foreign address)
VA
ZIP Code
22102 - 3807
Telephone Number (include area code)
7037615013
E-Mail Address (if available)
AWF@GANDGLAW.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 AMENDMENT
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:

BPH-20061114ACF NA
(b) 
Service Type:

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

State: MD

 (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
A. WRAY FITCH III
Typed or Printed Title of Person Signing
MEMBER
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: 243
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 38 Minutes 8 Seconds 34.9     North     South


Longitude: 
Degrees 75 Minutes 39 Seconds 52.9     West     East

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

Latitude:    
Degrees 38 Minutes 10 Seconds 41     North     South


Longitude: 
Degrees 75 Minutes 36 Seconds 8     West     East

5. Antenna Structure Registration Number:    1215103
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 151.8meters
7. Height of Radiation Center Above Mean Sea Level: 134.7 meters(H) 134.7 meters(V)
8. Height of Radiation Center Above Ground Level: 129.5meters(H) 129.5meters(V)
9. Height of Radiation Center Above Average Terrain: 132.7meters(H) 132.7meters(V)
10. Effective Radiated Power: 3.45 kW(H) 3.45 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
LAURA M. MIZRAHI
Relationship to Applicant (e.g., Consulting Engineer)
TECHNICAL CONSULTANT
Signature
Date
01/19/2007
Mailing Address
COMMUNICATIONS TECHNOLOGIES, INC.
P. O. BOX 1130
City
MARLTON
State or Country (if foreign address)
NJ
Zip Code
08053 -
Telephone Number (include area code)
8569850077
E-Mail Address (if available)
LMIZRAHI@COMMTECHRF.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 1
Description:
PURPOSE OF AMENDMENT

THE INSTANT AMENDMENT PROPOSES THE FOLLOWING CHANGES TO THE PENDING APPLICATION:

SECTION I, QUESTION 4(C)- CHANGE OF COMMUNITY OF LICENSE FROM CHINCOTEAGUE, VA TO EDEN, MD.

SECTION III-B, QUESTIONS 3 THROUGH 10 - MODIFICATIONS TO TECHNICAL DATA RELATING TO NEW TRANSMITTER SITE AND ASSOCIATED EXHIBITS.

SECTION III-B, QUESTION 17 - MODIFIED ENVIRONMENTAL STATEMENT.

SECTION III-B, QUESTION 18 - AFFIRMATIVE RESPONSE TO COMMUNITY OF LICENSE CHANGE - SECTION 307(B) AND INCLUSION OF APPROPRIATE EXHIBITS.




Attachment 1


Exhibit 5
Description:
EXHIBIT 5

A. WRAY FITCH III AND ELIZABETH B. FITCH EACH ARE 50% MEMBERS OF JACKMAN PROPERTIES, LLC, PERMITTEE OF A NEW AM STATION IN EXMORE, VA (FACILITY ID: 129643). A. WRAY FITCH III IS A 49% MEMBER AND ELIZABETH B. FITCH IS A 51% MEMBER OF JACKMAN HOLDING COMPANY, LLC, PERMITTEE OF A NEW FM STATION IN STRATFORD, NH (FACILITY ID: 166038).
GRANT OF THIS APPLICATION WOULD BE IN FULL COMPLIANCE WITH RULE 73.3555(A).

Attachment 5


Exhibit 27
Description:
COMPLIANCE WITH SECTION 73.203 - SECTION III-B, QUESTION 13, FCC FORM 301.

THE INSTANT APPLICATION IS FILED PURSUANT TO SECTION 73.203(B) OF THE RULES ADOPTED IN MB DOCKET NO. 05-210, R&O RELEASED ON 11/29/06. THE APPLICATION PROPOSES A MINOR CHANGE TO A LICENSED FACILITY SPECIFYING A CHANGE IN AUTHORIZED COMMUNITY OF LICENSE AND COMPLIES WITH THE REQUIREMENTS OF SECTION 73.3573(G) AS FOLLOWS:

1) SECTION III-B, QUESTION 18, EXHIBIT 32 CONTAINS AN EXHIBIT DEMONSTRATING THE PREFERENTIAL ARRANGEMENT OF ALLOTMENTS OR ASSIGNMENTS UNDER SECTION 307(B) OF THE RULES.

2) THE PRESENTLY AUTHORIZED AND PROPOSED FACILITIES ARE MUTUALLY EXCLUSIVE AS DEFINED UNDER SECTION 73.207 AND DEMONSTRATED ON THE ATTACHED SECTION 73.207 ALLOCATION STUDY, TABLE 1.

3) APPLICANT CERTIFIES THAT IT WILL COMPLY WITH THE LOCAL PUBLIC NOTICE PROVISIONS OF SECTION 73.3580 AND APPLICABLE SUBSECTIONS WITH RESPECT TO NOTIFICATION OF THE PROPOSED COMMUNITY OF LICENSE CHANGE TO BOTH THE PRESENTLY AUTHORIZED AND PROPOSED COMMUNITIES OF LICENSE.

4) THE PROPOSED ALLOTMENT SITE COMPLIES FULLY WITH SECTIONS 73.207 AND 73.315 OF THE RULES. THE ATTACHED TABLE 1 ADDRESSES 73.207 REQUIREMENTS. FIGURE 1, ATTACHED, IS A 70 DBU ALLOTMENT CONTOUR FROM THE PROPOSED ALLOTMENT REFERENCE SITE WHICH DEMONSTRATES 100% COVERAGE OF THE PROPOSED COMMUNITY OF LICENSE.




Attachment 27
Description
TABLE 1. 73.207 STUDY FROM ALLOTMENT REFERENCE SITE
FIGURE 1. 70 DBU ALLOTMENT COVERAGE CONTOUR MAP


Exhibit 28
Description:
COMPLIANCE WITH SECTION 73.315 - SECTION III-B, QUESTION 14, FCC FORM 301.

IN ACCORDANCE WITH SECTION 73.315, IT HAS BEEN DETERMINED THAT 81.2% OF THE COMMUNITY OF EDEN, MARYLAND IS LOCATED WITHIN THE 3.16 MV/M (70 DBU) CONTOUR OF THE PROPOSED FACILITY (SEE FIGURE 2, ATTACHED). THIS DETERMINATION WAS MADE UTILIZING THE POLYGON AREA MEASURING TOOL IN ADOBE ACROBAT, VERSION 7, PROFESSIONAL.


Attachment 28
Description
FIGURE 2. PROPOSED 70 DBU & 60 DBU COVERAGE CONTOURS


Exhibit 29
Description:
MAIN STUDIO LOCATION - SECTION III-B, QUESTION 15, FCC FORM 301.

PURSUANT TO SECTION 73.1125, THE MAIN STUDIO WILL BE LOCATED WITHIN 25 MILES OF THE REFERENCE COORDINATES FOR THE CENTER OF THE COMMUNITY OF LICENSE, OR THE PREDICTED 70 DBU PRINCIPAL COMMUNITY CONTOUR, WHICHEVER IS GREATER.



Attachment 29


Exhibit 30
Description:
COMPLIANCE WITH SECTION 73.207 - SECTION III-B, QUESTION 16, FCC FORM 301.

THE PROPOSED FACILITY COMPLIES FULLY WITH THE REQUIREMENTS OF SECTION 73.207 OF THE RULES AS SHOWN ON THE ATTACHED ALLOCATION STUDY, TABLE II.



Attachment 30
Description
TABLE II. 73.207 ALLOCATION STUDY FROM PROP. WCTG SITE


Exhibit 35
Description:
ENVIRONMENTAL STATEMENT - SECTION III-B, QUESTION 17, FCC FORM 301.

RF RADIATION FROM THE PROPOSED FACILITY HAS BEEN REVIEWED IN ACCORDANCE WITH THE RADIO FREQUENCY PROTECTION GUIDES, ADOPTED BY THE COMMISSION IN OET BULLETIN NO. 65, EDITION 97-01. RF RADIATION FROM THE PROPOSED FACILITY WILL NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT.

THE PROPOSED ANTENNA SYSTEM CONSISTS OF A SHIVELY 6813-2, CIRCULARLY POLARIZED, 2 BAY, 1.0 WAVE SPACED ANTENNA, WITH ITS RADIATION CENTER 129.5 METERS ABOVE GROUND. UTILIZING FORMULA 10 OF OET BULLETIN NO. 65, EDITION 97-01, WITH A VALUE F OF 0.5 AS DERIVED FROM THE FIELD ELEVATION PATTERN FOR THE PROPOSED ANTENNA PROVIDED BY THE ANTENNA MANUFACTURER, THE MAXIMUM POWER DENSITY 2 METERS ABOVE GROUND FOR AN ERP OF 3,450 WATTS H & V HAS BEEN CALCULATED TO BE 3.54 MICROWATTS PER CENTIMETER SQUARED WHICH IS 1.77% OF THE ALLOWABLE 200 MICROWATTS PER CENTIMETER SQUARED POWER DENSITY FOR UNCONTROLLED ENVIRONMENTS.

GIVEN THE ABOVE, AND THAT THE RF LEVEL IS LESS THAN 5%, IT IS BELIEVED THAT THE PROPOSED FACILITY SHOULD BE CATEGORICALLY EXCLUDED FROM ENVIRONMENTAL PROCESSING WITH RESPECT TO SECTION 1.1306.

A FENCE, IF NOT EXISTING, WILL BE INSTALLED AROUND THE BASE OF THE TOWER TO PREVENT ACCESS TO THE TOWER BY THE PUBLIC. ADDITIONALLY, AS FURTHER SPECIFIED IN OET BULLETIN NO. 65 WITH RESPECT TO POTENTIAL OCCUPATIONAL HAZARDS, THE APPLICANT WILL IMPLEMENT A POLICIES AND PROCEDURES PLAN CONCERNING WORKER EXPOSURE AND WILL COORDINATE WITH OTHER USERS ON THE TOWER TO REDUCE POWER OR CEASE TRANSMISSION AS REQUIRED TO MEET OET 65 GUIDELINES AS NECESSARY.

Attachment 35


Exhibit 36
Description:
SECTION 307(B) SHOWING

SEE ATTACHED.

Attachment 36
Description
307(b) Technical Exhibit
307(b) Analysis