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 - 20090904ACZ
Section I - General Information
1. Legal Name of the Applicant
QUINCY NEWSPAPERS, INC.
Mailing Address
P.O. BOX 909

City
QUINCY
State or Country (if foreign address)
IL
ZIP Code
62306 - 0909
Telephone Number (include area code)
2172235100
E-Mail Address (if available) 
FCC Registration Number:
0002821783
Call Sign 
WGEM-FM
Facility ID Number
54281
2. Contact Representative (if other than Applicant)
KENNETH E. SATTEN
Firm or Company Name
WILKINSON BARKER KNAUER, LLP
Mailing Address
2300 N STREET, NW
SUITE 700

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20037 - 1128
Telephone Number (include area code)
2027834141
E-Mail Address (if available)

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 MINOR 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-20090904ACZ NA
(b) 
Service Type:

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

State: IL

 (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
RALPH M. OAKLEY
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
09/18/2009

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: 286
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 39 Minutes 57 Seconds 4     North     South


Longitude: 
Degrees 91 Minutes 19 Seconds 53     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:    1011390
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 204.8meters
7. Height of Radiation Center Above Mean Sea Level: 399 meters(H) 399 meters(V)
8. Height of Radiation Center Above Ground Level: 167meters(H) 167meters(V)
9. Height of Radiation Center Above Average Terrain: 209meters(H) 209meters(V)
10. Effective Radiated Power: 26.5 kW(H) 26.5 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
D. SCOTT TURPIE
Relationship to Applicant (e.g., Consulting Engineer)
TECHNICAL CONSULTANT
Signature
Date
09/16/2009
Mailing Address
LOHNES AND CULVER
8309 CHERRY LANE
City
LAUREL
State or Country (if foreign address)
MD
Zip Code
20707 -4830
Telephone Number (include area code)
3017764488
E-Mail Address (if available)
SCOTT@LOCUL.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 PURPOSE OF THIS AMENDMENT IS TO AMEND THE INSTANT MINOR CHANGE APPLICATION, WHICH INVOLVES A NEW ANTENNA, AN INCREASE IN THE ANTENNA HEIGHT ABOVE AVERAGE TERRAIN AND A CORRESPONDENCING DECREASE IN EFFECTIVE RADIATED POWER TO MAINTAIN THE STATION'S SERVICE CONTOUR, AMONG OTHER THINGS, AS FOLLOWS:

(A) PROVIDE THE FCC WITH AN AMENDED MULTIPLE OWNERSHIP EXHIBIT (EXHIBIT 5) IN CONNECTION WITH QUESTION 4.B. IN SECTION II; AND

(B) AMEND THE GEOGRAPHICAL COORDINATES SPECIFIED IN QUESTION 3 IN SECTION III-B.

Attachment 1


Exhibit 5
Description:
MULTIPLE OWNERSHIP

QUINCY NEWSPAPERS, INC. ('QNI') IS THE LICENSE OF WGEM-FM, QUINCY, ILLINOIS (FIN 54281), THE STATION THAT IS THE SUBJECT OF THE INSTANT MINOR MODIFICATION APPLICATION. QNI OWNS 100% OF QUINCY BROADCASTING COMPANY ('QBC'), THE LICENSEE OF WGEM(AM), QUINCY, ILLINOIS (FIN 54277) AND WGEM-TV, QUINCY, ILLINOIS (FIN 54275). QNI IS ALSO THE OWNER AND PUBLISHER OF THE QUINCY HERALD-WHIG, A DAILY NEWSPAPER PUBLISHED IN QUINCY, ILLINOIS.

QNI WAS FORMED IN 1926 AND THE FIRST EDITION OF THE QUINCY HERALD-WHIG WAS PUBLISHED ON JUNE 1, 1926. QNI ENTERED BROADCASTING IN 1947 WITH THE START OF QUINCYS FIRST COMMERCIAL FM STATION, WHICH IS NOW WGEM-FM, QUINCY, ILLINOIS (FIN 54281) (THIS APPLICATION'S SUBJECT STATION). THE FOLLOWING YEAR, IN 1948, QNI PURCHASED QBC AND BEGAN OPERATING WGEM(AM). THEN, IN 1953, QBC LAUNCHED QUINCY'S FIRST TELEVISION STATION, WGEM-TV.

QNI'S OWNERSHIP INTERESTS ARE GRANDFATHERED PURSUANT TO THE FCC'S RULES AND POLICIES. QNI'S RADIO-TELEVISION CROSS-OWNERSHIP HAS BEEN GRANDFATHERED SINCE 1970. SEE, AMENDMENT OF SECTIONS 73.35, 73.240 AND 73.636 OF THE COMMISSION RULES RELATING TO MULTIPLE OWNERSHIP OF STANDARD, FM AND TELEVISION BROADCAST STATIONS, DOCKET NO. 18110, 22 F.C.C.2D 306, AT PARA. 14 (1970). QNI'S NEWSPAPER/BROADCAST CROSS-OWNERSHIP HAS BEEN GRANDFATHERED SINCE 1975. SEE, AMENDMENT OF SECTIONS 73.34, 73.240, AND 73.636 OF THE COMMISSION'S RULES RELATING TO MULTIPLE OWNERSHIP OF STANDARD, FM, AND TELEVISION BROADCAST STATIONS, DOCKET NO. 18110, 50 FCC 2D 1046, AT PARAS. 16 AND 112-117 (1975); SEE ALSO, 2006 QUADRENNIAL REGULATORY REVIEW - REVIEW OF THE COMMISSION'S BROADCAST OWNERSHIP RULES AND OTHER RULES ADOPTED PURSUANT TO SECTION 202 OF THE TELECOMMUNICATIONS ACT OF 1996, MB DOCKET NO. 06-121, 23 FCC RCD 2010, AT PARA. 76 (2008)

Attachment 5


Exhibit 30
Description:
ENVIRONMENTAL STATEMENT

THE APPLICANT PROPOSES TO MODIFY THE LICENSE FACILITY OF WGEM-FM FOR AN INCREASE IN ANTENNA HEIGHT AND SLIGHT REDUCTION IN EFFECTIVE RADIATED POWER FOR EQUIVALENT MAXIMUM CLASS B OPERATION PURSUANT TO 47 CFR SECTION 73.211(B)(2). PREPARATION OF AN ENVIRONMENTAL ASSESSMENT IS NOT REQUIRED IN CONNECTION WITH THIS REQUEST AS THE ANTENNA SUPPORTING STRUCTURE IS AN EXISTING REGISTERED TOWER THAT WAS CONSTRUCTED PRIOR TO MARCH 16, 2001, AND IT IS NOT EXPECTED THAT THE FCC SAFETY STANDARDS REGARDING HUMAN EXPOSURE TO RADIO-FREQUENCY (RF) ENERGY WILL BE EXCEEDED. AS SUCH, THIS APPLICATION IS CATEGORICALLY EXCLUDED FROM ENVIRONMENTAL PROCESSING IN ACCORDANCE WITH SECTION 1.1306.

IT IS NOT ANTICIPATED THAT GROUND LEVEL POWER DENSITY CONTRIBUTIONS WILL EXCEED THE RF RADIATION EXPOSURE LIMITS SPECIFIED IN SECTION 1.1310. SPECIFICALLY, THE MAXIMUM PERMISSIBLE EXPOSURE (MPE) LIMITS FOR FM FREQUENCIES ARE 200 AND 1,000 MICROWATTS PER CENTIMETER SQUARED FOR GENERAL (UNCONTROLLED) AND OCCUPATIONAL (CONTROLLED) EXPOSURE, RESPECTIVELY, AND THE MAXIMUM GROUND LEVEL EXPOSURE ESTIMATE FOR THE PROPOSED FACILITY MODIFICATION IS 3.8 MICROWATTS PER CENTIMETER SQUARED AT 45 METERS DISTANCE FROM THE TOWER BASE. MAXIMUM GROUND LEVEL EXPOSURE WAS COMPUTED USING THE FM MODEL ANALYSIS SOFTWARE, VERSION 2.10 BETA, WHICH WAS DEVELOPED BY THE FCC FOR EVALUATING POWER DENSITY LEVELS ACCESSIBLE AT LOCATIONS TWO METERS ABOVE GROUND FOR CERTAIN APPROVED FM ANTENNA TYPES.

A NEW NON-DIRECTIONAL ANTENNA WILL BE INSTALLED FOR WGEM-FM. THE NEW ANTENNA TO BE EMPLOYED IS AN ERI MODEL LPX-8C, WHICH IS AN EIGHT BAY (FULL-WAVE SPACED) CIRCULARLY POLARIZED ROTOTILLER TYPE ANTENNA. THE SPECIFIED ANTENNA IS CLASSIFIED AS AN EPA TYPE 3 RADIATOR, AND AS SUCH IS APPROVED FOR EVALUATION USING THE FM MODEL SOFTWARE. A SNAP SHOT OF THE FM MODEL - POWER DENSITY VS DISTANCE GRAPH IS PROVIDED AS AN ATTACHMENT TO THIS EXHIBIT. SINCE GROUND LEVEL EXPOSURE IS NOT PREDICTED TO EXCEED 5% OF THE UNCONTROLLED OR CONTROLLED MPE LIMITS, NO FURTHER EVALUATION OF THE GROUND LEVEL CONDITIONS REGARDING OTHER RF CONTRIBUTORS IS REQUIRED.

APPROPRIATE CONTROLS FOR LIMITING ACCESS TO THE ANTENNA STRUCTURE SUCH AS WARNING SIGNS AND FENCING ARE ALREADY BEING UTILIZED AT THE SITE. IN ADDITION, AT HIGHER ELEVATIONS ON THE ANTENNA STRUCTURE WORKERS WILL BE PROTECTED FROM EXCESSIVE EXPOSURE TO RF FIELDS IN ACCORDANCE WITH THE METHODS RECOMMENDED IN OET BULLETIN NO. 65, VERSION 97-01. ALL MAINTENANCE AND OTHER RELATED WORK INVOLVING EXPOSURE AT ELEVATIONS ABOVE GROUND LEVEL WILL BE COORDINATED TO EFFECTIVELY PREVENT ACCESS TO RF FIELDS EXCEEDING THE CONTROLLED EXPOSURE LIMIT. PREVENTATIVE STEPS TO PROTECT WORKERS DURING SUCH SCHEDULED PROJECTS SHALL INCLUDE REDUCING POWER OR SHUTTING DOWN THE FACILITY.


Attachment 30


Attachment 35
Description
FM MODEL - POWER DENSITY VS DISTANCE GRAPH