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.

BNPH - 20060309AAU
Section I - General Information
1. Legal Name of the Applicant
MUNBILLA BROADCASTING PROPERTIES, LTD.
Mailing Address
5526 HIGHWAY 281 NORTH

City
MARBLE FALLS
State or Country (if foreign address)
TX
ZIP Code
78654 -
Telephone Number (include area code)
8306935551
E-Mail Address (if available) 
N/A
FCC Registration Number:
0005034806
Call Sign 
NEW
Facility ID Number
165377
2. Contact Representative (if other than Applicant)
JOHN JOSEPH MCVEIGH, ESQ.
Firm or Company Name
J.J. MCVEIGH, ATTORNEY AT LAW
Mailing Address


City
State or Country (if foreign address)
ZIP Code
-
Telephone Number (include area code)
4435075611
E-Mail Address (if available)
KD4VS@COMCAST.NET
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:

BNPH-20060309AAU NA
(b) 
Service Type:

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

State: TX

 (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]


Parties to the Application

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).

(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of Assets
B. SHANE FOX, 5048 ROYAL CREEK LANE, PLANO, TEXAS 75093
US
SOLE OFFICER, DIR., & SH (MBC), PRES. & MGR (MBPL)
100
100

(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of Assets
MUNBILLA BROADCASTING CORPORATION, 381 CASA LINDA PLAZA, NO. 347, DALLAS, TEXAS 75218
US
THE SOLE MEMBER OF EACH OF THE PARTNERS OF THE APPLICANT
100
100

(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of Assets
MUNBILLA BROADCASTING PROPERTIES, LTD., 5526 HIGHWAY 281 NORTH, MARBLE FALLS, TEXAS 78654
US
THE APPLICANT
100
100

(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of Assets
MUNBILLA BROADCASTING SERVICES, LLC, 381 CASA LINDA PLAZA, NO. 347, DALLAS, TEXAS 75218
US
THE SOLE GENERAL PARTNER OF THE APPLICANT
100
1

(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of Assets
MUNBILLA DELAWARE HOLDINGS, LLC, 381 CASA LINDA PLAZA, NO. 347, DALLAS, TEXAS 75218
US
THE SOLE LIMITED PARTNER OF THE APPLICANT
0
99



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
B. SHANE FOX
Typed or Printed Title of Person Signing
PRESIDENT OF THE SOLE MEMBER OF THE GENERAL PARTNER
Signature
Date
03/19/2007

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: 260
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 30 Minutes 5 Seconds 8     North     South


Longitude: 
Degrees 99 Minutes 16 Seconds 23     West     East

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

Latitude:    
Degrees 29 Minutes 58 Seconds 36     North     South


Longitude: 
Degrees 99 Minutes 29 Seconds 37     West     East

5. Antenna Structure Registration Number:    1212649
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 96.3meters
7. Height of Radiation Center Above Mean Sea Level: 652 meters(H) 652 meters(V)
8. Height of Radiation Center Above Ground Level: 64meters(H) 64meters(V)
9. Height of Radiation Center Above Average Terrain: 61meters(H) 61meters(V)
10. Effective Radiated Power: 14.5 kW(H) 14.5 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
ERIK C. SWANSON
Relationship to Applicant (e.g., Consulting Engineer)
TECHNICAL CONSULTANT
Signature
Date
03/16/2007
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 1
Description:
THE NATURE OF THIS AMENDMENT

THIS AMENDMENT SLIGHTLY MODIFIES THE PROPOSED TECHNICAL SPECIFICATIONS TO CONFORM THEM TO THE PAREMETERS SET FORTH IN A MODIFIED TOWER REGISTRATION THAT THE OWNER OF THE SPECIFIED ANTENNA SUPPORTING STRUCTURE HAS OBTAINED.

ACCORDINGLY, THE APPLICANT IS ADJUSTING SLIGHTLY THE FOLLOWING ITEMS IN SECTION III-B, FM ENGINEERING, TECHNICAL SPECIFICATIONS, TECH BOX:

ITEM 3, ANTENNA COORDINATES;

ITEM 6, ANTENNA STRUCTURE HEIGHT ABOVE GROUND LEVEL;

ITEM 7, HEIGHT OF RADIATION CENTER ABOVE MEAN SEA LEVEL;

ITEM 8, HEIGHT OF RADIATION CENTER ABOVE GROUND LEVEL; AND

ITEM 9, HEIGHT OF RADIATION CENTER ABOVE ABOVE AVERAGE TERRAIN; AND

ITEM 10, EFFECTIVE RADIATED POWER.

ALL OTHER PROPOSED TECHNICAL PARAMETERS REMAIN UNCHANGED. THE SLIGHT SHIFT IN COORDINATES AND THE SLIGHT CHANGES IN ANTENNA HEIGHT AND EFFECTIVE RADIATED POWER DO NOT AFFECT THE PLACEMENT OF CONTOURS DEPICTED IN THE APPLICATION AS IT EXISTED PRIOR TO THE FILING OF THIS SECOND MINOR AMENDMENT (I.E., THE APPLICATION AS AMENDED BY THE PREVIOUSLY SUBMITTED FIRST MINOR AMENDMENT.)

Attachment 1


Exhibit 3
Description:
OTHER MEDIA INTERESTS

THE APPLICANT IS THE LICENSEE OF THE FOLLOWING RADIO STATIONS:

-- KBEY(FM), FCC FACILITY ID NO. 40764, CHANNEL 223A, BURNET, TEXAS;

-- KHLE(FM), FCC FACILITY ID NO. 34948, CHANNEL 295A, BURNET, TEXAS;

-- KRHC(AM), FCC FACILITY ID NO. 34949, 1340 KHZ, BURNET, TEXAS; AND

-- KHLB(FM), FCC FACILITY ID NO. 83109, CHANNEL 273C2, MASON, TEXAS.

Attachment 3


Exhibit 5
Description:
STATEMENT RE MULTIPLE OWNERSHIP COMPLIANCE

NONE OF THE FACILITIES SPECIFIED IN EXHIBIT 3, WHICH ARE THE BROADCAST FACILITIES IN WHICH THE APPLICANT HAS AN ATTRIBUTABLE INTEREST, ARE IN THE SAME MARKET AS THE FACILITY FOR WHICH THIS APPLICATION SEEKS A CONSTRUCTION PERMIT, NOR DOES THE CITY-GRADE SERVICE CONTOUR OF ANY OF THOSE FACILITIES OVERLAP THE CITY-GRADE SERVICE CONTOUR OF THE FACILITY FOR WHICH THIS APPLICATION SEEKS A CONSTRUCTION PERMIT.

Attachment 5
Description
MAP DEMONSTRATING NO OVERLAP WITH OTHER ATTRIBUTABLE STATIONS


Exhibit 11
Description:
AUCTION EXHIBIT

THE ATTACHMENT TO THIS EXHIBIT CONTAINS THE APPLICANT'S INFORMATION REQUIRED BY SECTIONS 1.2107(D), 1.2110(I), 1.2112(A), AND 1.2112(B) OF THE COMMISSION'S RULES.

Attachment 11
Description
Information Required By Sections 1.2107(d), 1.2110(i), 1.2112(a), and 1.2112(b) of the Commission's Rules


Exhibit 27
Description:
STATEMENT RE COMPLIANCE WITH SECTION 73.203

THE COMMISSION HAS ALLOTTED CHANNEL 260A TO THE COMMUNITY OF HUNT, TEXAS VIA THE REPORT AND ORDER IN MM DOCKET NO. 99-234, 14 FCC RCD 18890 (1999). THIS APPLICATION, FILED BY THE WINNING BIDDER FOR THE ALLOTMENT IN AUCTION 62, SEEKS TO FILL THE ALLOTMENT AND TO UPGRADE IT TO CLASS C3 STATUS VIA THE ONE-STEP PROCEDURE THAT SECTION 73.203(B) OF THE RULES EXPRESSLY ALLOWS.

Attachment 27


Exhibit 28
Description:
COMMUNITY COVERAGE

AS THE ATTACHMENT TO THIS EXHIBIT DEMONSTRATES, THE PROPOSED FACILITY COMPLIES WITH THE CITY-GRADE-SERVICE REQUIREMENTS OF SECTION 73.315 OF THE RULES.

Attachment 28
Description
HUNT 260C3 CONTOUR MAP
HUNT 260C3 TRANSMITTER SITE MAP


Exhibit 29
Description:
STATEMENT RE COMPLIANCE WITH SECTION 73.1125

THE APPLICANT INTENDS TO ESTABLISH A MAIN STUDIO THAT COMPORTS WITH THE REQUIREMENTS OF SECTION 73.1125 OF THE RULES.

Attachment 29


Exhibit 30
Description:
STATEMENT RE COMPLIANCE WITH SECTIONS 73.207 AND 73.215

AS THE ENGINEERING MATERIALS SUPPLIED IN ATTACHMENTS TO EXHIBITS 23 AND 29 INDICATE, THE PROPOSED FACILITY COMPLIES WITH THE PROTECTION REQUIREMENTS OF SECTIONS 73.207 AND 73.215 OF THE RULES. THE ATTACHMENT TO THIS EXHIBIT 25 DISCUSSES THE ISSUE OF COMPLIANCE WITH SECTION 73.3517(E) OF THE RULES, AND THE ISSUE OF PROTECTION OF THE REFERENCE POINT FOR CHANNEL 259A AT MASON, TEXAS, WHICH IS THE SUBJECT OF A SIMULTANEOUSLY FILED APPLICATION BY THE SAME APPLICANT.

Attachment 30
Description
Compliance with Section 73.3517(e) of the Rules


Exhibit 34
Description:
ALLOCATION STUDY

AS THE ENGINEERING MATERIAL SUPPLIED IN THE ATTACHMENT TO THIS EXHIBIT 29 INDICATES, THE PROPOSED FACILITY COMPLIES WITH THE PROTECTION REQUIREMENTS OF SECTIONS 73.207 AND 73.215 OF THE RULES. THE ATTACHMENT INCLUDES AN ALLOCATION STUDY FOR THE PROPOSED FACILITY AS WELL AS A CONTOUR-PROTECTION ANALYSIS.

Attachment 34
Description
HUNT 260C3 ALLOCATION STUDY


Exhibit 35
Description:
STATEMENT RE COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS

AS THE ATTACHMENT TO THIS EXHIBIT DEMONSTRATES, THE PROPOSED FACILITY COMPLIES WITH THE COMMISSION'S ENVIRONMENTAL REQUIREMENTS, INCLUDING THE LIMITS ON THE EXPOSURE OF HUMAN BEINGS TO NONIONIZING ELECTROMAGNETIC RADIATION.


***COMMENT REGARDING ANTENNA STRUCTURE REGISTRATION***

THIS PROJECT INVOLVES USE OF AN EXISTING TOWER STRUCTURE, THE ONE THAT BEARS THE ANTENNA STRUCTURE REGISTRATION NUMBER 1212649. ORIGINALLY, THE APPLICANT PROPOSED TO INCREASE THE HEIGHT OF THAT STRUCTURE. AFTER FURTHER CONSULTATIONS WITH THE TOWER OWNER, THE APPLICANT HAS DECIDED TO AMEND ITS PROPOSAL SO THAT NO TOWER-HEIGHT INCREASE WILL BE NECESSARY. ACCORDINGLY, NO MODIFICATION OF THE OUTSTANDING FCC ANTENNA STRUCTURE REGISTRATION FOR THIS TOWER IS REQUIRED.

THIS AMENDMENT SHOULD THEREFORE BE DEEMED THE APPLICANT'S RESPONSE TO THE COMMISSION'S LETTER OF MARCH 15, 2006 CONCERNING THE NEED TO OBTAIN A (MODIFIED) ANTENNA STRUCTURE REGISTRATION FOR THE PROPOSED (MODIFIED) SUPPORTING STRUCTURE.


***COMMENT REGARDING NHPA AND RELATED REQUIREMENTS***

AS NOTED ABOVE, THIS PROJECT, AS AMENDED, INVOLVES NO INCREASE IN THE HEIGHT OF THE EXISTING TOWER STRUCTURE WHICH BEARS THE ANTENNA STRUCTURE REGISTRATION NUMBER 1212649.

BECAUSE NO INCREASE IN TOWER HEIGHT IS INVOLVED, THERE IS NO QUESTION OF THIS PROPOSAL'S COMPLIANCE WITH SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT, THE RULES OF THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, 36 CFR PART 800, AS MODIFIED AND SUPPLEMENTED BY THE NATIONWIDE PROGRAMMATIC AGREEMENT FOR THE COLLOCATION OF WIRELESS ANTENNAS, APPENDIX B TO PART 1 OF THE COMMISSION'S RULES, AND WITH THE NATIONWIDE PROGRAMMATIC AGREEMENT REGARDING THE SECTION 106 NATIONAL HISTORIC PRESERVATION ACT REVIEW PROCESS, APPENDIX C TO PART 1 OF THE COMMISSION'S RULES.

THERE IS ALSO NO NEED FOR COORDINATION WITH THE OFFICE OF THE REGIONAL DIRECTOR OF THE FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR, WITH RESPECT TO WHETHER THIS PROPOSAL MIGHT AFFECT ANY LISTED THREATENED OR ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITATS, OR IS LIKELY TO JEOPARDIZE THE CONTINUED EXISTENCE OF ANY PROPOSED ENDANGERED OR THREATENED SPECIES, OR IS LIKELY TO RESULT IN THE DESTRUCTION OR ADVERSE MODIFICATION OF PROPOSED CRITICAL HABITATS, AS DETERMINED BY THE SECRETARY OF THE INTERIOR PURSUANT TO THE ENDANGERED SPECIES ACT OF 1973, AND IMPLEMENTING REGULATIONS (50 C.F.R. PARTS 17, 222, 226, AND 227).

THIS PROPOSAL POSES NO POTENTIAL THREATS TO REGISTERED HISTORICAL SITES, TO SITES OF CULTURAL SENSITIVITY, TO ENVIRONMENTALLY SENSITIVE AREAS, TO ANY ENDANGERED OR THREATENED SPECIES, OR TO ANY PROPOSED ENDANGERED OR THREATENED SPECIES.

Attachment 35
Description
HUNT 260C3 NIER STUDY