Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0029 (July 2011)
FCC 340
FOR FCC USE ONLY
 
APPLICATION FOR CONSTRUCTION PERMIT
FOR RESERVED CHANNEL
NONCOMMERCIAL EDUCATIONAL BROADCAST STATION

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BPED - 20090828ACY
Section I - General Information
1. Legal Name of the Licensee/Permittee
HOUSTON CHRISTIAN BROADCASTERS, INC.
Mailing Address
2424 SOUTH BOULEVARD

City
HOUSTON
State or Country (if foreign address)
TX
Zip Code
77098 - 5196
Telephone Number (include area code)
7135205200
E-Mail Address (if available)
EMAIL@KHCB.ORG
FCC Registration Number:
0006238380
Call Sign
KALD
Facility Identifier 
91682
2. Contact Representative (if other than licensee/Permittee)
JEFFREY D. SOUTHMAYD

Firm or Company Name
SOUTHMAYD & MILLER
Mailing Address
4 OCEAN RIDGE BOULEVARD SOUTH

City
PALM COAST
State or Country (if foreign address)
FL
ZIP Code
32137 -
Telephone Number (include area code)
3864459156

E-Mail Address (if available)
JDSOUTHMAYD@MSN.COM
3. Is this application being filed in response to a window?
If Yes, specify closing date and/or window number:
Yes No
4 Application Purpose
New station 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:

-
(b) Service Type: FM DTV
(c) DTV Type: Pre-Transition Post-Transition Both
(d) Community of License:               
    City: CALDWELL State: TX
(e) 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: The failure to include an explanatory providing full particulars in connection with a "No" response may result in dismissal of the application. See Instructions, paragraph L for additional information regarding completion of explanatory exhibits.

SECTION II - Legal and Financial

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.
Eligibility. Each application must answer "Yes" to one and "No" to two of the three following certifications. An applicant should not submit an explanatory exhibit in connection with these Question 2 "No" responses.

The applicant certifies that it is:
a. a nonprofit educational institution; or Yes No
b. a governmental entity other than a school; or Yes No
c. a nonprofit educational organization, other than described in a. or b. Yes No
3.
For applicants checking "Yes" to question 2(c) and applying for a new noncommercial educational television station only, the applicant certifies that the applicant's officers, directors and members of its governing board are broadly representative of the educational, cultural, and civic segments of the principal community to be served.
Yes No
N/A
4.
a. The applicant certifies that the Commission has previously granted a broadcast application identified here by file number that found this applicant qualified as a noncommercial educational entity with a qualifying educational program, and that the applicant will use the proposed station to advance a program similar to that the Commission has found qualifying in applicant's previous application.

b.
Applicants who answered "No" to Question 4(a), must include an exhibit that describes the applicant's educational objective and how the proposed station will be used to advance an educational program that will further that objective according to 47 C.F.R. Section 73.503 (for radio applicants) and 47 C.F.R. Section 73.621 (for television applicants).
Yes No
FCC FileNumber
-

[Exhibit 2]

5.
The applicant certifies that its governing documents (e.g., articles of incorporation, by-laws, charter, enabling statute, and/or other pertinent organizational document) permit the applicant to advance an educational program and that there is no provision in any of those documents that would restrict the applicant from advancing an educational program or complying with any Commission rule, policy, or provision of the Communications Act of 1934, as amended.
Yes No
6.
a. Parties to the Application. List separately each party to the application including, as applicable, the applicant, its officers, directors, five percent or greater stockholders, non-insulated partners, members, and all other persons and entities with attributable interests. If another entity hold an attributable interest in the applicant, list separately, as applicable, its officers, directors, five percent or greater stockholders, non-insulated partners, and board members. Create a separate row for each individual or entity. Attach additional pages if necessary.

[Enter Parties/Owners Information]


b. Applicant certifies that equity and financial interests not set forth above are non-attributable pursuant to 47 C.F.R. Section 73.3555 and that there are no agreements or understandings with any non-party that would give influence over the applicant's programming, personnel, or finances to that non-party. Yes No
[Exhibit 3]
7.
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 pursuant to the notes to 47 C.F.R. Section 73.3555.
N/A
[Exhibit 4]
8.
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 5]

9.
Adverse Findings. Applicant certifies that, with respect to the applicant, any party to the application, and any non-party equity owner in the applicant, 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.

If the answer is "No," attach as an Exhibit a full disclosure concerning the persons and matters involved, including an identification of the the court or administrative body and the proceeding (by dates and file numbers), and a description of the disposition of the matter. Where the requisite information has been earlier disclosed in connection with another application or as required by 47 C.F.R. Section 1.65, the applicant need only provide: (i) an identification of that previous submission by reference to the file number in the case of an application, the call letters of the station regarding which the application or Section 1.65 information was filed, and the date of filing; and (ii) the disposition of the previously reported matter.

Yes No

See Explanation in
[Exhibit 6]

10.
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 7]

11.
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
12.
Local Public Notice. Applicant certifies compliance with the public notice requirements of 47 C.F.R. Section 73.3580.
Yes No
13.
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
14.
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
QUESTIONS 15, 16 AND 17 APPLY ONLY TO APPLICANTS FOR NEW STATIONS. OTHER APPLICANTS CAN PROCEED TO QUESTION 18.
15.
Financial. The applicant certifies that sufficient net liquid assets are on hand or that sufficient funds are available from committed sources to construct and operate the requested facilities for three months without revenue.

If "No" to 15., answer question 16. and 17.

Yes No

See Explanation in
[Exhibit 8]

16.
Is this application contingent upon receipt of a grant from the National Telecommunications and Information Administration?
Yes No
17.
Is this application contingent upon receipt of a grant from a charitable organization, the approval of the budget of a school or university, or an appropriation from a state, county, municipality or other political subdivision?
Yes No
NOTE: If Yes to 16. or 17., the application cannot be granted unconditionally until all of the necessary funds are committed or appropriated. In the case of grants from the National Telecommunications and Information Administration, no further action on the applicant's part is required. If the applicant relies on funds from a source specified in Question 17., the applicant must advise the Commission when the funds are committed or appropriated. This should be accomplished by letter amendment to the application. Applicants should take note that the Commission's construction period is not considered "tolled" by funding difficulties and that any permit granted conditionally on funding will expire if the station is not constructed for any reason, including lack of funding.
QUESTIONS 18 AND 19 DO NOT APPLY TO APPLICATIONS FOR NEW STATIONS. APPLICANTS FOR NEW FM STATIONS CAN PROCEED TO SECTION III. APPLICANTS FOR NEW TV STATIONS CAN PROCEED TO SECTION IV.
Holding Period.
18.
Applicant certifies that this application does not propose a modification to an authorization that was awarded on the basis of a preference for fair distribution of service pursuant to 47 U.S.C. Section 307(b).

If "No," answer a. and b. below. If applicant answers "No" to 18. above and cannot answer "Yes" to either a. or b. below, the application is unacceptable.

Yes No
a. Applicant certifies that the proposed modification will not downgrade service to the area on which the Section 307(b) preference was based.
Yes No
b. Applicant certifies that although it proposes to downgrade service to the area on which the Section 307(b) preference was based, applicant has provided full service to that area for a period of four years of on-air operations.
Yes No
19.
Applicant certifies that this application does not propose a modification to an authorized station that received a credit for superior technical parameters under the point system selection method in 47 C.F.R. Section 73.7003.

If "No," applicant must be able to answer "Yes" to a. below or provide an exhibit that makes a compelling showing that the downgrade would be in the public interest.

Yes No
a. Applicant certifies that the population and area within the proposed service contour (60 dBu (FM) or grade B (TV)) are greater than or equivalent to those authorized.

Yes No
[Exhibit 9]



Section III
Fair Distribution of Service Pursuant to 47 U.S.C. Section 307(b) (New and Major Changes to FM Radio Only)
(Other applicants can proceed to Section IV).

1. Applicant certifies that it provides a first aural (reception) service. Applicants answering "Yes" must provide an Exhibit. Yes No
[Exhibit 10]
2. Applicant certifies that (1) it is a Tribal Applicant, as defined in 47 C.F.R. Section 73.7000; (2) the facilities proposed in this Application will provide Tribal Coverage, as defined in 47 C.F.R. Section 73.7000, of Tribal Lands occupied by the applicant Tribe(s); (3) the proposed community of license is located on Tribal Lands, as defined in 47 C.F.R. Section 73.7000; and (4) the proposed facility would be the first local tribal-owned noncommercial educational transmission service at the proposed community of license. Applicants answering "Yes" must provide an Exhibit. Yes No
[Exhibit 11]
3. Applicant certifies that the proposed station will provide a first noncommercial educational aural service to (a) at least 10 percent of the people residing within the station's 60 dBu (1 mV/m) service contour and (b) to a minimum of 2,000 people. Applicants answering "Yes" must provide an Exhibit. Yes No
[Exhibit 12]
4. Applicant certifies that the proposed station will provide a second noncommercial educational aural service, or an aggregated first and second noncommercial educational aural service, to (a) at least 10 percent of the people residing within the station's 60 dBu (1 mV/m) service contour and (b) to a minimum of 2,000 people. Applicants answering "Yes" must provide an Exhibit. Yes No
[Exhibit 13]

Section IV Point System Factors - New and Major Change Applications Only (used to select among mutually exclusive radio and television applications for new stations and major modifications) NOTE: Applicants will not receive any additional points for amendments made after the close of the application filing window.

1. Established Local Applicant: Applicant certifies that for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained, and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation.
Yes No
2. Diversity of Ownership: (a) Applicant certifies that the principal community (city grade) contour of the proposed station does not overlap the principal community contour of any other authorized station (comparing radio and television to television, including non-fill-in translator stations other than those identified in 2(b) below) in which any party to the application has an attributable interest as defined in 47 C.F.R. Section 73.3555, that its governing documents require that such diversity be maintained, and that it has placed documentation of its diversity qualification in a local public inspection file and has submitted to the Commission copies of the documentation.
Yes No
(b) Is the application's certification to 2(a) based on its exclusion of translator station(s) that will be replaced with a full service station pursuant to the authorization requested here?

If Yes, applicant must include an exhibit identifying the translator station authorization for which it will request cancellation upon commencement of operation of the proposed full service station (i.e., upon its filing of a license application and receipt of program test authority).

Yes No

[Exhibit 14]

3. State-wide Network: Applicant certifies that (a) it has NOT claimed a credit for diversity of ownership above: (b) it is one of the three specific types of organizations described in 47 C.F.R. Section 73.7003(b)(3); and (c) it has placed documentation of its qualifications in a local public inspection file and has submitted to the Commission copies of the documentation.
Yes No
4. Technical Parameters: Applicant certifies that the numbers in the boxes below accurately reflect the new area and population that its proposal would serve with a 60 dBu (FM) or Grade B (TV) signal measured in accordance with the standard predicted contours in 47 C.F.R. Section 73.713(c) (FM) and 73.683(TV) and that it has documented the basis for its calculations in the local public inspection file and has submitted copies to the Commission. Major modification applicants should include the area of proposed increase only (exclude any area already within the station's existing service area). (Points, if any, will be determined by FCC)
Yes No
New area served in square kilometers (excluding areas of water):
Population served based on the most recent census block data from the United States Bureau of Census using the centroid method:
 

SECTION V - Tie Breakers - New and Major Change Applications Only (used to choose among competing radio and television applications receiving the same number of points in Section IV)

1. Existing Authorizations. By placing a number in the box, the applicant certifies that it and other parties to the application have, as of the date of filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of relevant broadcast station authorizations. Radio applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those identified in IV (2)(b) above. TV applicants should count all attributable full service TV stations, commercial and noncommercial and TV translator stations other than fill-in stations or those identified in IV(2)(b) above.
(number of commercial and non-commercial licenses and construction permits)
2.  Pending Applications. By placing a number in the box, the applicant certifies that it and other parties to the application have, as of the date of filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of pending applications for new or major changes to relevant broadcast stations. Radio applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those identified in IV(2)(b) above. TV applicants should count all attributable full service TV stations, commercial and noncommercial, and TV translator stations other than fill-in stations or those identified in IV(2)(b) above.
 (number of pending commercial and non-commercial applications)



Section VI -- Certification
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
BRUCE MUNSTERMAN
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
04/28/2010

Section VII Preparer's Certification
I certify that I have prepared Section VII (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 
ALAN E. GEARING, PE
Relationship to Applicant (e.g., Consulting Engineer) 
CONSULTING ENGINEER
Signature
Date 
04/28/2010
Mailing Address
MULLANEY ENGINEERING, INC.
9049 SHADY GROVE COURT
City
GAITHERSBURG
State or Country (if foreign address)
MD
Zip Code
20877-1301
Telephone Number (include area code)
3019210115
E-Mail Address (if available)
MULLANEY@MULLENGR.COM

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



Section VII - 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: 220
2. Class (select one):
D A B1 B C3 C2 C1 C0 C
3.
Antenna Location Coordinates: (NAD 27)
Latitude:    
Degrees 30 Minutes 35 Seconds 57     North     South

Longitude: 
Degrees 96 Minutes 38 Seconds 32     West     East
4. Proposed Assignment Coordinates: (NAD 27) - RESERVED CHANNELS ABOVE 220 ONLY Not Applicable
Latitude:    
Degrees Minutes Seconds     North     South


Longitude: 
Degrees Minutes Seconds     West     East
5. Antenna Structure Registration Number:    1267444
Not Applicable Notification filed with FAA
6.
Overall Tower Height Above Ground Level: 110.6 meters  
7.
Height of Radiation Center Above Mean Sea Level: 220.1 meters(H)   220.1 meters(V)
8.
Height of Radiation Center Above Ground Level: 94.5 meters(H)   94.5 meters(V)
9.
Height of Radiation Center Above Average Terrain: 118 meters(H)   118 meters(V)
10.
Effective Radiated Power: 30 kW(H)        30 kW(V)
11.
Maximum Effective Radiated Power:
(Beam-Tilt Antenna ONLY)
Not Applicable    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 13-17. PROCEED TO ITEM 18.
13.
Main Studio Location.    The proposed main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 15]

14.
Community Coverage.    The proposed facility complies with 47 C.F.R. Section 73.315. (Channels 221 and above) or 47 C.F.R. Section 73.515 (Channels 220 and below). Yes No
See Explanation in
[Exhibit 16]
15.
Interference.    The proposed facility complies with all of the following applicable rule sections.
Check all that apply:
Yes No

See Explanation in
[Exhibit 17]

Contour Overlap Requirements.
a. 47 C.F.R. Section 73.509
          Exhibit Required.
[Exhibit 18]
Spacing Requirements.
b. 47 C.F.R. Section 73.207 with respect to station(s)
Grandfathered Short-Spaced.
c. 47 C.F.R. Section 73.213(a) with respect to station(s)
          Exhibit Required.
[Exhibit 19]
Contour Protection.
d. 47 C.F.R. Section 73.215(a) with respect to station(s)
          Exhibit Required.
[Exhibit 20]
Television Channel 6 Protection.
e. 47 C.F.R. Section 73.525 with respect to station(s)
          Exhibit Required.
[Exhibit 21]
16.
Reserved Channels Above 220.
a. Availability of Channels. The proposed facility complies with the assignment requirements of 47 C.F.R. Section 73.203. Yes No
See Explanation in
[Exhibit 22]
17.
International Borders. The proposed antenna location is not within 320 kilometers of the common border between the United States and Canada or Mexico.
Yes No
Canada
Mexico
If "No," specify the country and provide an exhibit of compliance with all provisions of the relevant International Agreement. [Exhibit 23]
18.
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 Worksheet #7, 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 24]

19.
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 comports with the fair distribution of service policies underlying 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 25]
PREPARER'S CERTIFICATION ON PAGE 8 MUST BE COMPLETED AND SIGNED.




Exhibits
Exhibit 1
Description:
EXPLANATION OF AMENDMENT

APRIL 2010

THIS AMENDMENT IS BEING SUBMITTED IN RESPONSE TO FCC LETTER DATED MARCH 30, 2010, DISMISSING THE APPLICATION [SEE FCC FILE NUMBER BPED-20090828ACY] AND REQUESTS NUNC PRO TUNC REINSTATEMENT.

AN ENGINEERING STATEMENT IS BEING INCLUDED [SEE ATTACHMENT 1] DISCUSSING WHY THE APPLICANT BELIEVES THE STAFF'S DETERMINATION THAT PROHIBITED OVERLAP WOULD EXIST IS IN ERROR AND DEMONSTRATING THAT NO PROHIBITED OVERLAP WOULD ACTUALLY OCCUR.

NO CHANGES ARE BEING PROPOSED IN THE SPECIFIED TECHNICAL PARAMETERS AND NO PORTIONS OF THE PENDING APPLICATION ARE BEING REVISED.

REQUEST FOR REINSTATEMENT NUNC PRO TUNC

THIS MINOR AMENDMENT IS BEING FILED TO CLARIFY AN ALLEGED ENGINEERING DEFICIENCY IN THE ORIGINAL FILING THAT RESULTED IN THE INITIAL DISMISSAL OF THE APPLICATION. THE APPLICANT REQUESTS REINSTATEMENT OF THIS APPLICATION NUNC PRO TUNC FOR GOOD CAUSE AND CONSISTENT WITH COMMISSION POLICY.

AS NOTED IN THE ATTACHED LETTER, THE APPLICATION WAS DISMISSED BECAUSE OS ALLEGED VIOLATION OF 47 C.F.R. SECTION 73.509 WITH RESPECT TO FIRST-ADJACENT CHANNEL CLASS A STATION KYLR(FM), HUTTO, TEXAS. APPENDED TO THIS APPLICATION IS AN EXPLANATORY EXGINEERING EXHIBIT THAT DEMONSTRATES THAT NO VIOLATION OF SECTION 73.509 DOES IN FACT EXIST IN CONNETION WITH THIS APPLICATION VIS--VIS KYLR.

ON AUGUST 2, 1984, THE COMMISSION ISSUED A PUBLIC NOTICE ENTITLED 'COMMISSION STATES FUTURE POLICY ON INCOMPLETE AND PATENTLY DEFECTIVE AM AND FM CONSTRUCTION PERMIT APPLICATIONS' (PUBLIC NOTICE) 56 R.R.2D 776 (1984) (AS SUBSEQUENTLY PUBLISHED IN THE FEDERAL REGISTER, 49 FED. REG. 47331 (DEC. 3, 1984)) FOLLOWING AN EXPLANATION OF THE COMMISSION'S CONCERNS ABOUT THE BURDENS ON STAFF AND THE PROCESSING DELAYS CAUSED BY INCOMPLETE AND PATENTLY DEFECTIVE APPLICATIONS, THE PUBLIC NOTICE INCLUDED A DISCUSSION OF RECONSIDERATION AND REINSTATEMENT OF DISMISSED OR RETURNED APPLICATIONS. THE COMMISSION STATED THAT IT WOULD CONTINUE TO GRANT PETITIONS FOR RECONSIDERATION AFTER AN INITIAL DISMISSAL OR RETURN OF AN APPLICATION WHEN AN APPLICANT SUBMITS A RELATIVELY MINOR CURATIVE AMENDMENT WITHIN 30 DAYS, REINSTATING SUCH AN APPLICATION NUNC PRO TUNC. PUBLIC NOTICE, 49 FED. REG. AT 47332. HERE, THE APPLICANT HAS SUBMITTED SUCH A MINOR CORRECTIVE/CLARIFYING AMENDMENT WITHIN THIRTY (30) DAYS OF THE DISMISSAL OF THE APPLICATION IN THE COMMISSION'S PUBLIC NOTICE REPORT NO. 47206, RELEASED APRIL 2, 2010. ACCORDINGLY, THE SUBJECT APPLICATION SHOULD BE REINSTATED NUNC PRO TUNC AS OF THE ORIGINAL FILING DATE. SEE, KENNY D. HOPKINS, 5 FCC RCD 604, 605 (1990) AND EDUCATIONAL MEDIA FOUNDATION, INC. 78 RR 2D 90, 10 FCC RCD 4433 (1995).






AUGUST 2009
REQUEST FOR WAIVER

THE UNDERLYING PERMIT FOR KALD WAS ISSUED IN A PROCEEDING AMONG FOUR MUTUALLY EXCLUSIVE APPLICANTS FOR A NEW NONCOMMERCIAL EDUCATIONAL (NCE) FM STATION CONSTRUCTION PERMIT. PURSUANT TO ITS ESTABLISHED PROCEDURES, THE MEDIA BUREAU (THE BUREAU) EXAMINED THE APPLICANTS PROPOSALS AS OF A SNAP SHOT DATE OF JUNE 4, 2001, DETERMINED THAT PHILOS BROADCAST, INC. (PHILOS) WAS ENTITLED TO A DECISIVE PREFERENCE UNDER SECTION 307(B) OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND IDENTIFIED PHILOS AS THE TENTATIVE SELECTEE.   SPECIFICALLY, THE BUREAU CONCLUDED THAT PHILOS PROPOSAL WOULD PROVIDE A FIRST NCE SERVICE TO 8,063 PEOPLE. NONE OF THE OTHER APPLICANTS PROPOSED TO PROVIDE A FIRST NCE SERVICE TO ANYONE.   ACCORDINGLY, THE BUREAU IDENTIFIED PHILOS AS THE TENTATIVE SELECTEE, AND ON JULY 20, 2006, AWARDED THE CONSTRUCTION PERMIT TO PHILOS. AS WITH ALL NCE PERMITS AWARDED BY DECISIVE SECTION 307(B) PREFERENCE, THE PERMIT WAS ISSUED WITH A SPECIAL OPERATING CONDITION, REQUIRING THE PERMITTEE TO MAINTAIN THE PROMISED SERVICE PURSUANT TO SECTION 73.7002(C) OF THE COMMISSIONS RULES (THE RULES) AND TO NOT DIMINISH THE SERVICE THE STATION WOULD PROVIDE AS SPECIFIED IN THE APPLICATION THAT WAS APPROVED. HOUSTON CHRISTIAN BROADCASTERS, INC. (HCBI), THE CURRENT LICENSEE, OBTAINED THE PERMIT FROM PHILOS BY ASSIGNMENT ON APRIL 9, 2007.

HCBI CONSTRUCTED THE FACILITIES OF KALD IN ACCORDANCE WITH THE CONSTRUCTION PERMIT ISSUED BY THE BUREAU AND PLACED THE STATION INTO OPERATION ON JULY 15, 2009. AS CONSTRUCTED, KALD MAINTAINS THE PROMISED SERVICE PURSUANT TO SECTION 73.7002(C). THE BUREAU FOUND THIS TO BE THE CASE AND ISSUED A LICENSE FOR KALD ON JULY 24, 2009. SEE, FCC FILE BLED-20090715AAG.

THE SUBJECT APPLICATION IS NOW SEEKING A SUBSTANTIAL IMPROVEMENT AND UPGRADE IN THE LICENSED FACILITIES OF KALD FROM A CLASS C-3 STATION (12,500 WATTS EFFECTIVE RADIATED POWER) TO A CLASS C-2 STATION (30,000 WATTS EFFECTIVE RADIATED POWER ). THE POPULATION IN THE FCC 60 DBU CONTOUR OF KALD WILL INCREASE FROM 32,873 PERSONS TO 199,113 PERSONS, OR BY ROUGHLY 500%. THE AREA WITHIN THE FCC 60 DBU CONTOUR WILL INCREASE FROM 3337 SQUARE KILOMETERS TO 5874 SQUARE KILOMETERS, OR BY ROUGHLY 76%. SEE, FIGURE 4 60 DBU CONTOUR COVERAGE COMPARISON TO THE TECHNICAL SECTION OF THE APPLICATION. ACCORDINGLY, THERE IS NO QUESTION THAT THE APPLICATION PROPOSES A SIGNIFICANT AND SUBSTANTIAL IMPROVEMENT IN THE COVERAGE AREA OF KALD OVER THAT PROPOSED IN THE ORIGINAL PHILOS APPLICATION BOTH IN TERMS OF THE POPULATION AND THE AREA TO BE SERVED. THIS SIGNIFICANT AND SUBSTANTIAL IMPROVEMENT IS CLEARLY A MORE EFFICIENT USE OF THE FREQUENCY AND SHOULD BE PREFERRED BY THE BUREAU AS ENTIRELY CONSISTENT WITH THE POLICY ELUCIDATED IN SECTION 307(B) OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED.

THE WAIVER REQUESTED HEREIN IS THE RESULT OF CERTAIN MINIMAL DIFFERENCES IN THE WHITE AREA COVERAGE AS PROPOSED IN THE ORIGINAL KALD CONSTRUCTION PERMIT AND IN THIS UPGRADE FOR THE FACILITIES OF THE STATION. THE APPLICATION UPON WHICH THE PHILOS 307(B) PREFERENCE WAS BASED, AND UPON WHICH THE ORIGINAL CONSTRUCTION PERMIT WAS ISSUED, SPECIFIED A FIRST NONCOMMERCIAL SERVICE TO 8,063 PERSONS, A SECOND NONCOMMERCIAL SERVICE TO 16,012 PERSONS, OR AN AGGREGATE FIRST AND SECOND SERVICE TO 24,869 PERSONS. THIS APPLICATION PROPOSES A FIRST NONCOMMERCIAL SERVICE TO 10,016 PERSONS, A SECOND NONCOMMERCIAL SERVICE TO 44,070 PERSONS, OR AN AGGREGATE FIRST AND SECOND SERVICE TO 54, 086 PERSONS. SEE FIGURE 8-B 307(B) ANALYSIS-AS OF 4 JUNE 2001 FIRST OR SECOND NONCOMMERCIAL EDUCATIONAL RADIO SERVICE IN THE TECHNICAL SECTION OF THE APPLICATION. THUS THE UPGRADED FACILITIES OF KALD WILL PROVIDE A FIRST SERVICE TO APPROXIMATELY 18% MORE PERSONS AND A SECOND SERVICE TO 169% MORE PERSONS THEN THOSE SPECIFIED IN THE ORIGINAL KALD CONSTRUCTION PERMIT.

THE PROBLEM THAT ARISES IS THROUGH THE USE OF THE COMMISSIONS 50/50 FIELD STRENGTH CHART.   THAT ANALYSIS WOULD INDICATE THAT ALTHOUGH THE PROPOSED UPGRADE IN THE FACILITIES OF KALD PROVIDES A FAR GREATER SERVICE TO THE PUBLIC THAN THE LICENSED FACILITIES, THERE IS A SMALL SEGMENT OF THE ORIGINAL CONSTRUCTION PERMIT WHITE AREA THAT DOES NOT RECEIVE FULL 60 DBU COVERAGE.   USING THE COMMISSIONS 50/50 FIELD STRENGTH CHART, THIS SMALL SEGMENT RECEIVES AT LEAST 57 DBU COVERAGE. SEE FIGURE 8-C 307(B) ANALYSIS-AS OF 4 JUNE 2001 FIRST NCE SERVICE-GAIN AND LOSS AREA IN THE TECHNICAL SECTION OF THE APPLICATION.

HOWEVER, USING THE LONGLEY-RICE CONTOUR PREDICTION METHOD, THE ENTIRE ORIGINAL CONSTRUCTION PERMIT WHITE AREA DOES RECEIVE FULL 60 DBU CONTOUR COVERAGE IN CONNECTION WITH THE PROPOSED UPGRADE IN THE KALD LICENSED FACILITIES.   SEE FIGURE 8-C 307(B) ANALYSIS-AS OF 4 JUNE 2001 FIRST NCE SERVICE-GAIN AND LOSS AREA IN THE TECHNICAL SECTION OF THE APPLICATION. IN ADDITION, BASED ON THE USE OF THE COMMISSIONS 50/50 FIELD STRENGTH CHART, NO POPULATION IN THIS SMALL SEGMENT OF THE ORIGINAL CONSTRUCTION PERMIT WHITE AREA RECEIVES ANY LEVEL OF PREDICTED INTERFERENCE FROM ANY EXISTING FM BROADCAST STATION. SEE FIGURE 8-D 307(B) ANALYSIS-AS OF 4 JUNE 2001 LOSS AREA INTERFERENCE ANALYSIS. THE NET EFFECT OF THE PROPOSED MODIFICATION TO THE KALD FACILITIES, THEREFORE, IS NO LOSS OF SERVICE TO ANY POPULATION WITHIN THE SMALL WHITE AREA SEGMENT. IN THE PROPOSED UPGRADE FOR KALD, HCBI NOT ONLY MAINTAINS THE PROMISED SERVICE PURSUANT TO SECTION 73.7002(C) OF THE COMMISSIONS RULES BUT SIGNIFICANTLY IMPROVES THE COVERAGE TO WHITE AREA AND TO THE OVERALL POPULATION WITHIN THE PREDICTED 60 DBU OF THE STATION AS LICENSED.

SECTION 73.7002(C) OF THE COMMISSIONS RULES STIPULATES THAT FOR A PERIOD OF FOUR YEARS OF ON-AIR OPERATIONS, AN APPLICANT RECEIVING A DECISIVE 307(B) PREFERENCE IS REQUIRED TO CONSTRUCT AND OPERATE TECHNICAL FACILITIES SUBSTANTIALLY AS PROPOSED AND SHALL NOT DOWNGRADE SERVICE TO THE AREA ON WHICH THE PREFERENCE WAS BASED. THUS, THE BUREAU HAS DENIED A REQUEST BY AN APPLICANT RECEIVING A DECISIVE 307(B) PREFERENCE TO MODIFY ITS CONSTRUCTION PERMIT IN A MANNER THAT WOULD DOWNGRADE THE SERVICE THE NONCOMMERCIAL STATION WOULD PROVIDE BY PROVIDING SERVICE TO A SMALLER NUMBER OF PERSONS RECEIVING A FIRST NONCOMMERCIAL SERVICE. SEE, UNIVERSITY OF OKLAHOMA ET. AL, 20 FCC RCD 11984 (MB 2005) AND LETTER TO JAMES P. PAPPAS, REF. 1800B3-ALV (MB MAY 13, 2007). ON THE OTHER HAND, THE BUREAU HAS APPROVED A MODIFICATION TO A CONSTRUCTION PERMIT THAT WAS GRANTED PURSUANT TO A DECISIVE 307(B) PREFERENCE WHERE THE PROPOSED MODIFICATION INCREASED THE POPULATION AND AREA TO BE SERVED BY THE STATION, AND DID NOT MATERIALLY DIMINISH SERVICE TO PERSONS RECEIVING A FIRST NONCOMMERCIAL SERVICE. SEE, EAGLES NEST FELLOWSHIP CHURCH, REF. 1800B30ALV (MB JANUARY 25, 2008).

IN THE SITUATION AT HAND, HCBI HAS CONSTRUCTED KALD IN ACCORDANCE WITH THE CONSTRUCTION PERMIT ISSUED PURSUANT TO THE 307(B) PREFERENCE BY THE BUREAU, HAS BEEN ISSUED A LICENSE FOR THE STATION, AND HAS CONTINUALLY OPERATED THE STATION SINCE CONSTRUCTION WAS COMPLETED TO THE PRESENT TIME. IT NOW PROPOSES TO SIGNIFICANTLY INCREASE THE KALD COVERAGE AREA AND THEREBY PROVIDE A FIRST NONCOMMERCIAL SERVICE TO AN ADDITIONAL 3,246 PERSONS, AND PROVIDE AN AGGREGATE FIRST AND SECOND SERVICE TO 54,086 PERSONS. THE 54,086 PERSONS WHO WILL RECEIVE A FIRST AND SECOND NONCOMMERCIAL SERVICE IN CONNECTION WITH THE PROPOSED LICENSE MODIFICATION APPLICATION IS MORE THAN DOUBLE THE ENTIRE POPULATION CONTAINED WITHIN THE 60 DBU CONTOUR IN THE ORIGINAL CONSTRUCTION PERMIT ISSUED PURSUANT TO THE SECTION 307(B) PREFERENCE ONLY 25,307 TOTAL PERSONS. THE PUBLIC INTEREST BENEFITS FROM THE IMPLEMENTATION OF THE LICENSE MODIFICATION PROPOSED HEREIN ARE INDEED COMPELLING.

THE POLICY BEHIND THE RESTRICTION PROVIDED FOR IN SECTION 73.7002(C) WAS TO LIMIT THE ABILITY OF NONCOMMERCIAL APPLICANTS TO PROPOSE A CERTAIN LEVEL OF SERVICE IN ORDER TO RECEIVE A DISPOSITIVE 307(B) PREFERENCE DURING A COMPARATIVE APPLICATION ANALYSIS, AND THEN RENEGE ON THAT PROPOSAL ONCE THE CONSTRUCTION PERMIT WAS SAFELY AND FINALLY SECURED. THE POLICY BEHIND THE RESTRICTION PROVIDED FOR IN SECTION 73.7002(C) WAS NEVER INTENDED TO RESTRICT APPLICANTS SUCH AS HCBI FROM BUILDING, LICENSING AND OPERATING A NONCOMMERCIAL FM STATION AS PROPOSED IN AN ORIGINAL APPLICATION, AND THEN DENY THEM THE OPPORTUNITY FOR A PERIOD OF FOUR YEARS TO SUBSTANTIALLY IMPROVE THE COVERAGE THAT THE STATION WOULD PROVIDE.   SUCH A RESULT IS OBVIOUSLY NONSENSICAL AND CONTRARY TO THE MANDATE OF SECTION 307(B) THAT ALL BROADCAST SPECTRUM BE ALLOCATED AND UTILIZED IN A MANNER THAT BEST SERVES THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY.

BASED ON THE FOREGOING, HCBI IS NOT ENTIRELY CONVINCED THAT A GRANT OF A WAIVER OF THE PROVISIONS OF SECTION 73.7002(C) IS REQUIRED FOR THE BUREAU TO APPROVE THIS APPLICATION. HOWEVER, IN AN ABUNDANCE OF CAUTION, HCBI RESPECTFULLY REQUESTS THAT THE BUREAU GRANT A WAIVER, IF NECESSARY, OF THE PROVISIONS OF SECTION 73.7002(C) OF THE COMMISSIONS RULES AND APPROVE THIS APPLICATION FOR A MINOR MODIFICATION IN THE LICENSED FACILITIES OF NONCOMMERCIAL FM STATION KALD, CALDWELL, TEXAS.

GENERALLY, THE COMMISSIONS RULES MAY BE WAIVED FOR GOOD CAUSE SHOWN. SEE, 47 C.F.R. 1.3. THE COMMISSION MAY EXERCISE ITS DISCRETION TO WAIVE A RULE WHERE THE PARTICULAR FACTS MAKE STRICT COMPLIANCE INCONSISTENT WITH THE PUBLIC INTEREST. NORTHEAST CELLULAR TELEPHONE CO. V. FCC, 897 F.2D 1164, 1166 (D.C. CIR. 1990). IN ADDITION, THE COMMISSION MAY TAKE INTO ACCOUNT CONSIDERATIONS OF HARDSHIP, EQUITY, OR MORE EFFECTIVE IMPLEMENTATION OF OVERALL POLICY ON AN INDIVIDUAL BASIS. WAIT RADIO V. FCC, 418 F.2D 1153, 1159 (D.C. CIR. 1969); NORTHEAST CELLULAR, 897 F.2D AT 1166. WAIVER OF THE COMMISSIONS RULES IS THEREFORE APPROPRIATE IF SPECIAL CIRCUMSTANCES WARRANT A DEVIATION FROM THE GENERAL RULE, AND SUCH DEVIATION WILL SERVE THE PUBLIC INTEREST. NORTHEAST CELLULAR, 897 F.2D AT 1166.

HCBI HAS DEMONSTRATED IN ITS APPLICATION THAT THE BUREAU, ON DELEGATED AUTHORITY, SHOULD WAIVE THE STRICT REQUIREMENTS OF SECTION 73.7002(C) INASMUCH AS STRICT COMPLIANCE IS DEMONSTRATIVELY INCONSISTENT WITH THE PUBLIC INTEREST MANDATE FOR BROADCAST SPECTRUM TO BE UTILIZED TO PROVIDE THE GREATEST AMOUNT OF COVERAGE POSSIBLE. MOREOVER, THE GRANT OF THE KALD APPLICATION WILL FURTHER THE IMPLEMENTATION OF THE OVERALL COMMISSION POLICY TO MAXIMIZE THE UTILIZATION OF THE RESERVED BAND, NONCOMMERCIAL FM SPECTRUM, AND WILL SERVE THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY AS MANDATED UNDER SECTION 307(B) OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED. MOREOVER, SUCH A WAIVER DOES NOT CONFLICT WITH THE POLICY PURSUANT TO WHICH SECTION 73.7002(C) WAS CREATEDTO RESTRICT DOWNGRADED SERVICE BY NONCOMMERCIAL FM SELECTEES WHO RECEIVED CONSTRUCTION PERMITS BASED ON A DISPOSITIVE SECTION 307(B) PREFERENCE.



AUGUST 2009

SPECIAL OPERATING CONDITIONS OR RESTRICTIONS #4 ON THE EXISTING KALD LICENSE STATES THE FOLLOWING:

     'PURSUANT TO 47 CFR SECTIONS 73.7002(C) AND 73.7005(B) THE
      PERMITTEE/LICENSEE IS REQUIRED TO CONSTRUCT AND OPERATE FOR
      A PERIOD OF FOUR YEARS OF ON-AIR OPERATIONS TECHNICAL
      FACILITIES SUBSTANTIALLY AS PROPOSED AND SHALL NOT DOWNGRADE
      SERVICE TO THE AREA ON WHICH THE PREFERENCE WAS BASED.'

THE APPLICANT BELIEVES THAT THE ATTACHED EXHIBITS AND THE PREVIOUS WAIVER REQUEST NARRATIVE DEMONSTRATE THAT THE INSTANT APPLICATION MEETS THE INTENT OF THE REFERENCED RULE SECTIONS, AND THAT GRANT OF THE INSTANT APPLICATION WOULD BE IN THE PUBLIC INTEREST. THE APPLICANT RESPECTFULLY REQUESTS A WAIVER OF ANY PORTIONS OF 47 CFR SECTIONS 73.7002(C) AND 73.7005(B) AND ANY OTHER COMMISSION POLICIES NECESSARY TO PERMIT GRANT OF THE INSTANT APPLICATION.

FIGURE 8-A SHOWS THE 307(B) ANALYSIS FOR THE ORIGINAL KALD CP. THE EXACT POPULATION FIGURES COULD NOT BE DUPLICATED USING THE CURRENT VERSION OF V-SOFT'S PROBE3 SOFTWARE, BUT THEY ARE REASONABLY CLOSE.

FIGURE 8-B COMPARES THE 1ST AND 2ND NCE SERVICE POPULATIONS FOR THE ORIGINAL KALD CP AND THE INSTANT PROPOSAL. THERE IS A NET 1ST NCE SERVICE GAIN OF 1,559 PERSONS (18.4%) AND A NET 2ND NCE SERVICE GAIN OF 27,658 PERSONS (168.5%).

[NOTE: AS THE ORIGINAL KALD DECISIVE 307(B) PREFERENCE WAS BASED SOLELY ON THE PROVISION OF 1ST NCE SERVICE, THE REMAINING ANALYSIS ADDRESSES ONLY 1ST SERVICE OR 'WHITE AREA'.]

FIGURE 8-C IS AN ANALYSIS OF 1ST NCE SERVICE GAIN AND LOSS AREAS. BASED ON CONTOUR LOCATIONS DETERMINED USING THE FCC PROPAGATION CURVES THERE IS A 60 DBU 1ST NCE SERVICE LOSS AREA OF 1,687 PERSONS IN 116 SQUARE KM. THERE IS ALSO A 60 DBU 1ST SERVICE GAIN AREA OF 3,246 PERSONS IN 595 SQUARE KM, FOR A NET GAIN OF 1,559 PERSONS IN 479 SQUARE KM.

FIGURE 8-C ALSO DEMONSTRATES THAT THERE WOULD NOT BE ANY ACTUAL LOSS OF PRIMARY SERVICE TO THAT PORTION OF THE ORIGINAL 'WHITE AREA' OUTSIDE THE PROPOSED KALD FCC 60 DBU CONTOUR, BY VIRTUE OF THAT AREA BEING TOTALLY ENCOMPASSED BY THE PROPOSED KALD FCC 57 DBU CONTOUR AND THE LONGLEY-RICE BASED 60 DBU CONTOUR.

FIGURE 8-D IS AN INTERFERENCE ANALYSIS TO THAT PORTION OF THE ORIGINAL 'WHITE AREA' OUTSIDE THE PROPOSED KALD FCC 60 DBU CONTOUR, DEMONSTRATING THAT THE AMOUNT OF ANY PREDICTED INTERFERENCE IS DE MINIMIS - ZERO POPULATION IN ONLY 4 SQUARE KM.

GIVEN THE SUBSTANTIAL NET GAINS IN 1ST AND 2ND NCE SERVICE (18.4% AND 168.5%, RESPECTIVELY), AS WELL AS A GAIN IN TOTAL 60 DBU SERVICE OF 166,240 PERSONS IN 2,537 SQUARE KM (INCREASES OF 505.7% AND 76.0%, RESPECTIVELY) OVER THAT FOR THE ORIGINAL KALD CP, COMBINED WITH THE LACK OF ANY ACTUAL LOSS IN PRIMARY SERVICE TO THE ORIGINAL 'WHITE AREA' OUTSIDE THE PROPOSED FCC 60 DBU CONTOUR, THE APPLICANT BELIEVES GRANT OF THE INSTANT PROPOSAL WOULD BE IN THE PUBLIC INTEREST.



Attachment 1
Description
Engineering Statement [Amendment ]
Figure 8-A - 307(b) Analysis of the Original KALD CP based on 4 June 2001 Conditions
Figure 8-B - 307(b) Analysis of the Proposed KALD Facilities Based on 4 June 2001 Conditions
Figure 8-C - 307(b) First NCE Service Gain and Loss Areas Based on 4 June 2001 Conditions
Figure 8-D - 307(b) First NCE Service Loss Area Interference Analysis
DISMISSAL LETTER UNDERLYING REINSTATEMENT NUNC PRO TUNC


Exhibit 16
Description:
COMMUNITY COVERAGE

AUGUST 2009

THE ATTACHED COVERAGE MAP (FIGURE 4) DEMONSTRATES THAT THE PROPOSED FACILITY WILL PLACE A 60 DBU CONTOUR OVER 100% OF THE PROPOSED CITY OF LICENSE - CALDWELL, TX [BOTH POPULATION AND AREA].

Attachment 16
Description
Figure 4 - 60 dBu Contour Coverage Comparison


Exhibit 17
Description:
ENGINEERING DISCUSSION

AUGUST 2009

KALD PROPOSES TO MOVE TO A NEW SITE AND SIDE MOUNT ITS PROPOSED ANTENNA ON AN EXISTING TOWER. THE NEW SITE IS 13.9 KM (8.6 MI) EAST-NORTHEAST OF THE LICENSED KALD SITE.

FIGURE 1 IS A TOPOGRAPHIC MAP SHOWING THE COORDINATES AND GROUND ELEVATION FOR THE PROPOSED SITE.

FIGURE 2 IS A VERTICAL PLAN SKETCH OF THE EXISTING TOWER AND THE PROPOSED ANTENNA MOUNTING. THE FAA HAS ISSUED A 'DETERMINATION OF NO HAZARD TO AIR NAVIGATION' FOR THE STRUCTURE (SEE ANS-2009-ASW-866-OE). THE STRUCTURE HAS BEEN REGISTERED WITH THE FCC (SEE ASR #1267444)

FIGURE 3 CONSISTS OF TWO TABULATIONS SHOWING THE RESULTS OF BOTH A DISTANCE SEPARATION BASED ALLOCATION STUDY AND A CONTOUR OVERLAP BASED ALLOCATION STUDY. THE STUDIES SHOW THAT WHILE THE PROPOSAL WILL HAVE SHORT SPACINGS WITH ONE EXISTING COMMERCIAL FM STATION AND ONE PREVIOUSLY PROPOSED LPTV CHANNEL 6 STATION, NO PROHIBITED CONTOUR OVERLAP WILL OCCUR WITH RESPECT TO ANY FM STATION OR CHANNEL 6 LPTV STATION, COMMERCIAL OR NON-COMMERCIAL. {SEE FIGURE 5 (EXHIBIT 16, ATTACHMENT 16) FOR FM-TO-FM CONTOUR PROTECTION ANALYSIS. SEE ALSO THE DISCUSSION IN EXHIBIT 19 FOR TREATMENT OF FORMER ANALOG FULL SERVICE TV CHANNEL 6 ALLOTMENTS.}

Attachment 17
Description
Figure 1 - Topographic Map Showing Proposed Site and Vicinity
Figure 2 - Vertical Plan Sketch of Proposed Antenna and Supporting Structure
Figure 3 - NCE Allocation Study Tabulations


Exhibit 18
Description:
CONTOUR PROTECTION

AUGUST 2009

SEE THE ATTACHED FIGURE 5 FOR NON-COMMERCIAL FM TO NON-COMMERCIAL FM CONTOUR PROTECTION

Attachment 18
Description
Figure 5 - FM to FM - Contour Protection


Exhibit 20
Description:
CONTOUR PROTECTION - 73.215

AUGUST 2009

SEE THE ATTACHED FIGURE 5 (EXHIBIT 16, ATTACHMENT 16) FOR NON-COMMERCIAL FM TO COMMERCIAL FM CONTOUR PROTECTION

Attachment 20


Exhibit 21
Description:
TV CHANNEL 6 PROTECTION

AUGUST 2009

THE APPLICANT HAS OBTAINED AN UNCONDITIONAL CONSENT LETTER (SEE THE ATTACHED APPENDIX A) FROM FORMER ANALOG CHANNEL 6 TV STATION KCEN-TV, TEMPLE, TEXAS, INDICATING THAT IT HAS NO OBJECTION TO MODIFICATION OF THE KALD FACILITIES AT CALDWELL, TEXAS. [NOTE: KCEN-TV IS THE ONLY FORMER ANALOG FULL SERVICE TV STATION MEETING THE DEFINITION OF AN 'AFFECTED TV CHANNEL 6 STATION' GIVEN IN 47CFR73.525(A)]

CONSEQUENTLY, PURSUANT TO THE PROVISIONS OF FCC PUBLIC NOTICE DA 09-744 (RELEASED APRIL 1, 2009) THE INSTANT APPLICATION IS NOT REQUIRED TO SATISFY THE PROTECTION REQUIREMENTS OF SECTION 73.525.

Attachment 21
Description
Appendix A - Consent Letter from KCEN-TV, CH6, Temple, Texas


Exhibit 24
Description:
ENVIRONMENTAL PROTECTION

AUGUST

THIS APPLICATION PROPOSES THE USE OF AN EXISTING TOWER WHICH ALREADY HAS AN ASR NUMBER (#1267444). NO CHANGE IN OVERALL HEIGHT IS PROPOSED. SIDE MOUNTING THE PROPOSED ANTENNA WILL NOT SIGNIFICANTLY ALTER THE VISUAL IMPACT OF THE EXISTING STRUCTURE.

SINCE NO NEW TOWER CONSTRUCTION IS INVOLVED AND NO CHANGES ARE PROPOSED IN THE OVERALL HEIGHT OF THE EXISTING STRUCTURE, THE INSTANT PROPOSAL IS BELIEVED TO ALSO BE EXEMPT FROM SECTION 106 REVIEW.

THE ATTACHMENT DEMONSTRATES THAT THE POWER DENSITY AT GROUND LEVEL WOULD NOT EXCEED THE SPECIFIED EXPOSURE GUIDELINE FOR GENERAL POPULATION/UNCONTROLLED SITUATIONS AND HENCE COMPLIES WITH FCC REQUIREMENTS FOR EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FIELDS.

THE TOWER IS WITHIN A LOCKED FENCED AREA AND APPROPRIATE WARNING SIGNS WILL BE POSTED.

THE INSTANT PROPOSAL IS BELIEVED TO QUALIFY FOR EXCLUSION FROM ENVIRONMENTAL PROCESSING UNDER 47 CFR SECTION 1.1306


Attachment 24
Description
Figure 7 - RF Exposure Study