Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0029 (June 2002)
FCC 302-TV
FOR FCC USE ONLY
 
APPLICATION FOR TELEVISION BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BLCT - 20020726ABV
Section I - General Information
1. Legal Name of the Applicant 
MONTGOMERY 22, INC.
Mailing Address
#1 SHACKLEFORD DRIVE
SUITE 400
City
LITTLE ROCK
State or Country (if foreign address)
AR
ZIP Code
72211 - 2545
Telephone Number (include area code)
5012192400
E-Mail Address (if available) 
LWITHROW@EBCORP.NET
FCC Registration Number:
0005006184
Call Sign 
WBMM
Facility Identifier 
68427
2. Contact Representative (if other than Applicant)
PETER TANNENWALD
Firm or Company Name
IRWIN, CAMPBELL & TANNENWALD, P.C.
Telephone Number (include area code)
2027280400
E-Mail Address (if available)
PTANNENWALD@ICTPC.COM
3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other NO FEE FOR AMENDMENT
N/A (Fee Required)
4. Facility Information:
a.  Commercial Noncommercial
b.  Main Auxiliary
c.   Community of License:
City: TUSKEGEE State: AL
5. Program Test Authority:
  Requesting program test authority.
  Station operating pursuant to automatic program test authority (47 C.F.R. Section 73.1620(a)(1)).
6. Purpose of Application:
Cover construction permit (list original construction permit file number -- starts with the prefix BPCT, BPET, BMPCT or BPMET): BPCT-19870602KG
Modify an authorized license (list license file number -- starts with the prefix BLCT, BLET, BMLCT or BMLET): -
Amend a pending application
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.  Licensee/Permittee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee/Permittee 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. Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met. Yes No

See Explanation in
[Exhibit 2]

3. Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect. Yes No

See Explanation in
[Exhibit 3]

4. Character Issues. Licensee/Permittee certifies that neither licensee/permittee 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 4]

5. Adverse Findings. Licensee/Permittee certifies that, with respect to the licensee/permittee and any party to the application, no adverse finding has been made, nor has an adverse final action been taken related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. Yes No

See Explanation in
[Exhibit 5]

6. Anti-Drug Abuse Act Certification. Licensee/Permittee certifies that neither licensee/permittee 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

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
LORI E. WITHROW
Typed or Printed Title of Person Signing
CORPORATE SECRETARY
Signature
Date
10/22/2004



Section III - 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: 22
2.
Carrier Frequency
a. Authorized:
Visual
519.25 MHz  
Aural
523.75 MHz  
b. Measured:
Visual
519.25 MHz  
Aural
523.75 MHz  
c. Provide date measurements were made and method used or frequency measurement service employed as an exhibit.
[Exhibit 6]
3. Operating Constants

Transmitter power output (after vestigal sideband filter, if used, and after multiplexer, if combined) Multiplexer loss in dB, if separate Input to transmission line
17.78 dBk           60 kW 0.5 dB 17.28 dBk
Transmission line power loss Antenna Input power Maximum antenna power gain Maximum effective radiated power
1.74 dB 15.55 dBk 18.95 dB 34.5 dBk          2820 kW
4. Antenna Data

Manufacturer
SWR
Model
SWFP32MLS/22

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

All applicants must complete this section.

5.

Main Studio Location.    The main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 7]

6. Constructed Facility .    The facility was constructed as authorized in the underlying construction permit or complies with 47 C.F.R. Section 73.1690. Yes No

See Explanation in
[Exhibit 8]

7.

Special Operating Conditions.    The facility was constructed in compliance with all special operating conditions, terms, and obligations described in the construction permit.

Yes No

See Explanation in
[Exhibit 9]

  An exhibit may be required.    Review the underlying construction permit. [Exhibit 10]
8. Transmitter.    The transmitter complies with 47 C.F.R. Section 73.1660. Yes No

See Explanation in
[Exhibit 11]

9. Equipment Measurements.    The equipment performance measurements have been taken in accordance with 47 C.F.R. section 73.1590, demonstrating compliance with the Commission's transmission system requirements, and the measurements are available for submission to the Commission upon request. Yes No

See Explanation in
[Exhibit 12]

APPLICATION FILED PURSUANT TO 47 C.F.R. SECTIONS 73.1675(c) or 73.1690(c).

Only applicants filing this application pursuant to 47 C.F.R. Sections 73.1675(c) or 73.1690(c) must complete the following section.

10.

Changing transmitter power output.     Is this application being filed to authorize a change in transmitter power output caused by the replacement of an omnidirectional antenna with another omnidirectional antenna or an alteration of the transmission line system? See 47 C.F.R. Sections 73.1690(c)(1) and (c)(10). Yes No
11. Replacing a directional antenna.     Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(3) to replace a directional antenna with another directional antenna?

If "Yes" to the above, the applicant certifies the following:

Yes No

a. Pattern of Directional Antenna. The proposed theoretical antenna pattern complies with 47 C.F.R. Section 73.1690(c)(3). Exhibit is required.


Yes No

See Explanation in
[Exhibit 13]

12 Use a formerly licensed main facility as an auxiliary facility.     Is this application being filed pursuant to 47 C.F.R. Section 73.1675(c)(1) to request authorization to use a formerly licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility?

If "Yes" to the above, the applicant certifies the following:

Yes No
a. Auxiliary antenna service area. The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a). Exhibit is required.


Yes No

See Explanation in
[Exhibit 14]

b. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1 306 (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).

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 15]

13.

Change the license status.    Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(9) to change the license status from commercial to noncommercial or from noncommercial to commercial?

If "Yes" to above, submit an exhibit providing full particulars. For applications changing license status from commercial to noncommercial, include Section II of FCC Form 340 as an exhibit to this application.

Yes No


[Exhibit 16]
PREPARER'S CERTIFICATION ON PAGE 7 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
PAUL BRANDENBURG
Relationship to Applicant (e.g., Consulting Engineer)
DIRECTOR OF ENGINEERING
Signature
Date
10/22/2004
Mailing Address
#1 SHACKLEFORD DRIVE
SUITE 400
City
LITTLE ROCK
State or Country (if foreign address)
AR
Zip Code
72211 - 2545
Telephone Number (include area code)
5012192400
E-Mail Address (if available)
PBRANDENBURG@EBCORP.NET

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:
NATURE OF AMENDMENT

THE MODEL NUMBER OF THE ANTENNA IS CORRECTED IN SEC. III, QUESTION 4.

EXHIBIT 8 IS ADDED TO PROVIDE THE RELATIVE FIELD TABULATION FOR THE ANTENNA PATTERN.

Attachment 1


Exhibit 4
Description:
CHARACTER ISSUES

MONTGOMERY 22, INC. IS A 100% SUBSIDIARY OF EQUITY BROADCASTING CORPORATION ('EBC'). AT ONE TIME, EBC HELD AN INTEREST IN WINSTAR BROADCASTING CORPORATION ('WINSTAR'), AGAINST WHICH CHARACTER ISSUES WERE RAISED WITH REGARD TO AN APPLICATION FOR CONSTRUCTION PERMIT FOR A NEW TV STATION AT VIRGINIA BEACH, VIRGINIA. NO CHARACTER ALLEGATIONS WERE MADE AGAINST EQUITY ITSELF OR AGAINST ANY PRINCIPAL OF EQUITY. THE WINSTAR APPLICATION WAS DISMISSED MARCH 25, 2002, FOR FAILURE TO PAY THE AMOUNT OF THE APPLICANT'S AUCTION BID, WITHOUT RESOLUTION OF THE CHARACTER ALLEGATIONS. A PETITION FOR RECONSIDERATION BY A COMPETING APPLICANT REMAINS PENDING. EQUITY NO LONGER HAS ANY INTEREST IN WINSTAR OTHER THAN A RIGHT TO ANY MONETARY PROCEEDS OF THE DISPOSITION OF WINSTAR'S BROADCAST INTERESTS.

PRICE BROADCASTING, INC. ('PBI'), ANOTHER SUBSIDIARY OF EQUITY, WAS APPROVED AS THE ASSIGNEE OF THE CONSTRUCTION PERMIT FOR KUTF(TV) PRICE, UTAH, FILE NO. BAPCT-20011124AAW. THE ASSIGNMENT WAS CONSUMMATED, AND KUTF HAS BEEN BUILT AND IS ON THE AIR. A PETITION TO DENY THE ASSIGNMENT APPLICATION WAS FILED, RAISING ALLEGATIONS SOME OF WHICH COULD BE CONSTRUED AS CHARGING THAT PBI MISREPRESENTED THE EXTENT OF ITS ATTRIBUTABLE INTERESTS IN OTHER BROADCASTSTATIONS. WHEN THE ASSIGNMENT APPLICATION WAS GRANTED, NO UNFAVORABLE CHARACTER FINDING WAS MADE; BUT AN APPLICATION FOR REVIEW WAS FILED AND IS PENDING. THE CAPTION OF THE PLEADINGS REGARDING THE ASSIGNMENT APPLICATION PROCEEDING INCLUDES THE PENDING APPLICATION FOR MODIFICATION OF CP FOR KBCJ, VERNAL, UT, BMPCT-20001004AEE. HOWEVER, NO ALLEGATIONS WERE MADE AGAINST KBCJ.

Attachment 4


Exhibit 6
Description:
MEASUREMENTS

MEASUREMENTS WERE MADE ON 4/28/2002 USING THE OPTO ELECTRONICS 8030 FREQUENCY COUNTER.

Attachment 6


Exhibit 8
Description:
VARIATION FROM CONSTRUCTION PERMIT

AN SWR MODEL SWFP32MLS/22 ANTENNA WAS SUBSTITUTED FOR THE ORIGINALLY AUTHORIZED DIELECTRIC CUSTOMIZED MODEL DESIGNATED AS ODD870602KG.

THE RELATIVE FIELD TABULATION FOR THE SWR ANTENNA IS ATTACHED. IT IS VIRTUALLY THE SAME AS THE DIELECTRIC PATTERN.

Attachment 8
Description
Relative Field Tabulation