Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0932 (August 2011)
FCC 301-CA
FOR FCC USE ONLY
 
APPLICATION FOR AUTHORITY TO CONSTRUCT OR MAKE CHANGES IN A CLASS A TELEVISION BROADCAST STATION FOR COMMISSION USE ONLY
FILE NO.

BDFCDTA - 20100603AAT
Section I - General Information
1. Legal Name of the Applicant
CALIFORNIA OREGON BROADCASTING, INC.
Mailing Address
P.O. BOX 1489

City
MEDFORD
State or Country (if foreign address)
OR
ZIP Code
97501 -
Telephone Number (include area code)
5417795555
E-Mail Address (if available) 
COBIADMIN@KOBI5.COM
FCC Registration Number:
0001547462
Call Sign 
KEVU-LP
Facility Identifier
8241
2. Contact Representative (if other than Applicant)
MARNIE K. SARVER, ESQ.
Firm or Company Name
WILEY REIN LLP
Mailing Address
WILEY REIN LLP
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2027194289
E-Mail Address (if available)
MSARVER@WILEYREIN.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 MINOR MODIFICATION
N/A (Fee Required)
4.
Facility Information
a. Service Type: Analog Digital
b. Community of License:
City: EUGENE State: OR
5.
Purpose of Application:
New station Minor Change in licensed facility
Major Change in licensed facility Minor Modification of construction permit
Major Modification of construction permit Amendment to pending application
Digital Flash Cut Digital LPTV Companion Channel
a. File number of original construction permit or 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 certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee 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.
Continued Eligibility. License certifies that its station does, and will continue to broadcast: (a) a minimum of 18 hours per day; and (b) an average of at least 3 hours per week of programming each quarter produced within the market area served by the station, or the market area served by a group of commonly controlled low-power or Class A stations that carry common local programming produced within the market area served by such groups.
Yes No

See Explanation in
[Exhibit 2]

3. Local Public Notice. (For major change Applicants Only) Applicant certifies that it will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
Yes No
4. Rebroadcast Certification. (For Applicants proposing translator rebroadcasts that are not the licensee of the primary station) Applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted.
Yes No
5. 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 3]

6. 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
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
PATRICIA C. SMULLIN
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/03/2010



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 
06/02/2010
Mailing Address
LOHNES & CULVER
8309 CHERRY LN

City
LAUREL
State or Country (if foreign address)
MD
Zip Code
20901-4830
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).



Section III - Engineering (Digital)
TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. All items must be completed. The response "on file" is not acceptable.

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.

TECH BOX
1. Channel:
23
2.
Antenna Location Coordinates: (NAD 27)
Latitude:    
Degrees 44 Minutes 0 Seconds 4     North     South

Longitude: 
Degrees 123 Minutes 6 Seconds 45     West     East
3. Antenna Structure Registration Number: 1034933
Not Applicable    [Exhibit 8]                       Notification filed with FAA
4.
Antenna Location Site Elevation Above Mean Sea Level: 395  meters
5.
Overall Tower Height Above Ground Level: 199  meters
6.
Height of Radiation Center Above Ground Level: 176.8  meters
7.
Maximum Effective Radiated Power (ERP): 1  kW     
8.
Transmitter Output Power: 0.091  kW    
9. a. Transmitting Antenna:   
Before selecting Directional "Off-the-Shelf", refer to "Search for Antenna Information" under CDBS Public Access (http://licnesing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm). Make sure that the Standard Pattern is marked Yes and that the relative field values shown match your values. Enter the Manufacturer (Make) and Model exactly as displayed in the Antenna Search.
   
Nondirectional Directional Off-the Shelf Directional composite

Manufacturer KAT     Model 4X3 K723147

b. Electrical Beam Tilt: 1.4 degrees Not Applicable

c. Mechanical Beam Tilt:  degrees toward azimuth          degrees True          Not Applicable

 
d. Directional Antenna Relative Field Values: N/A (Nondirectional or Off-the-Shelf)
Rotation (Degrees): 0 No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 0.775 10 0.859 20 0.711 30 0.751 40 0.956 50 0.979
60 0.778 70 0.602 80 0.661 90 0.731 100 0.736 110 0.696
120 0.572 130 0.363 140 0.201 150 0.173 160 0.054 170 0.074
180 0.089 190 0.141 200 0.109 210 0.107 220 0.214 230 0.265
240 0.385 250 0.542 260 0.683 270 0.859 280 0.95 290 0.941
300 0.729 310 0.639 320 0.838 330 0.97 340 0.878 350 0.691
Additional 
Azimuths

46

1


e. Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt?


If Yes, attach an Exhibit (see instructions for details).
Yes No

[Exhibit 9]
Relative Field Polar Plot
10. Out-of-channel Emission Mask:     Simple              Stringent              Full Service
CERTIFICATION
11.
Interference.  The proposed facility complies with all of the following applicable rule sections. 47.C.F.R Sections 73.6016, 73.6017, 73.6018, 73.6019, 73.6020, 73.6027 and 74.794(b).

Yes No

See Explanation in
[Exhibit 10]

12.
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 RF compliance, 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 11]

13. Channels 52-59.  If the proposed channel is within channels 52-59, the applicant certifies compliance with the following requirements, as applicable:

The applicant is applying for a digital companion channel for which no suitable channel from channel 2-51 is available.
 
Pursuant to Section 74.786(d), the applicant has notified, within 30 days of filing this application, all commercial wireless licenses of the spectrum comprising the proposed TV channel and the first adjacent channels thereto, for which the proposed digital LPTV or TV translator antenna site lies inside the licensed geographic boundaries of the wireless licensees or within 75 miles and 50 miles, respectively, of the geographic boundaries of co-channel and adjacent-channel wireless licensees.




Exhibits
Exhibit 10
Description:
NON-DEFAULT OET-69 ANALYSIS SETTINGS (I.E. 0.5 KM CELL SIZE / 0.5 KM TERRAIN RET

THE APPLICANT SEEKS AUTHORITY TO OPERATE CLASS A TELEVISION STATION KEVU-LP ON CHANNEL 23 IN THE DIGITAL MODE PURSUANT TO THE RULES GOVERNING DIGITAL LPTV AND TV TRANSLATOR STATIONS IN 47 C.F.R. PART 74 - SUBPART G. ACCORDINGLY, THE INTERFERENCE IMPACT ON OTHER DTV AND SECONDARY-SERVICE STATIONS WAS EVALUATED USING THE OET-69 METHODOLOGY WITH THE FOLLOWING NON-DEFAULT ANALYSIS SETTINGS:

1)0.5 KM/SIDE CELL SIZE
2)0.5 KM DISTANCE INCREMENT FOR TERRAIN RETRIEVAL.

THE STUDY RESULTS BASED ON THE ABOVE HIGH-RESOLUTION SETTINGS INDICATE THAT KEVU-LP CAN FLASH-CUT ON CHANNEL 23 AND WITHOUT CAUSING PREDICTED INTERFERENCE IN EXCESS OF THE ALLOWANCES AFFORDED IN RULE SECTION 74.793. A COPY OF THE DETAILED OET-69 REPORT IS PROVIDED AS AN ATTACHMENT TO THIS EXHIBIT.


Attachment 10
Description
OET-69 ANALYSIS REPORT


Exhibit 11
Description:
ENVIRONMENTAL STATEMENT

THE APPLICANT INTENDS TO FLASH-CUT KEVU-LP TO DIGITAL OPERATION USING THE STATION'S EXISTING ANTENNA. SINCE THE ANTENNA IS CURRENTLY MOUNTED ON A CONSTRUCTED TOWER (ASRN 1034933), A FCC GRANT TO CONVERT THE STATION TO DIGITAL OPERATION WITH 1.0 KW ERP IS NOT LIKELY TO RESULT IN A SIGNIFICANT ENVIRONMENTAL IMPACT. SINCE IT IS ALSO UNLIKELY THAT OPERATION OF KEVU-LP IN THE DIGITAL MODE WILL EXCEED THE RULES REGARDING HUMAN EXPOSURE TO RADIO FREQUENCY (RF) ENERGY, THE APPLICATION IS CATEGORICALLY EXCLUDED FROM ENVIRONMENTAL PROCESSING BY SECTION 1.1306. SPECIFICALLY, THE WORST CASE RF CONTRIBUTION AT GROUND LEVEL IS CALCULATED TO BE WITHIN THE FCC LIMITS FOR MAXIMUM PERMISSIBLE EXPOSURE (MPE) PURSUANT TO PREDICTION METHODOLOGY IN OET BULLETIN NO. 65 (ED. 97-01).

IT IS ESTIMATED THAT THE SPECIFIED DIGITAL OPERATION ON CHANNEL 23 WILL CONTRIBUTE A MAXIMUM POWER DENSITY OF 1.1 MICROWATTS PER CENTIMETER SQUARED AT GROUND LEVEL. THIS WORST-CASE DETERMINATION WAS CALCULATED USING THE TECH-BOX PARAMETERS LISTED IN SECTION III OF THIS APPLICATION, I.E. ASSUMING HORIZONTAL POLARIZATION AND 100% ANTENNA RELATIVE FIELD. THE MPE LIMITS IN SECTION 1.1310 FOR CHANNEL 23, AT THE BOTTOM FREQUENCY OF 524 MHZ, ARE 349.3 MICROWATTS PER CENTIMETER SQUARED FOR GENERAL (UNCONTROLLED) EXPOSURE AND 1,746.7 MICROWATTS PER CENTIMETER SQUARED FOR OCCUPATIONAL (CONTROLLED) EXPOSURE. SINCE THE POWER DENSITY CONTRIBUTION AT GROUND LEVEL IS BELOW THE 5% THRESHOLD FOR UNCONTROLLED AND CONTROLLED EXPOSURE, THE APPLICANT IS NOT REQUIRED TO FURTHER EVALUATE THE ANTENNA LOCATION WITH RESPECT TO OTHER RF SOURCES.

AT ELEVATIONS GREATER THAN 2 METERS ABOVE GROUND (E.G. LOCATIONS ON THE SUPPORTING TOWER) WORKERS WILL BE PROTECTED FROM EXCESSIVE EXPOSURE TO RF FIELDS IN ACCORDANCE WITH THE METHODS RECOMMENDED IN BULLETIN 65. ALL MAINTENANCE AND OTHER RELATED WORK INVOLVING EXPOSURE AT ELEVATIONS ABOVE GROUND LEVEL WILL BE COORDINATED TO EFFECTIVELY PREVENT ACCESS TO RF FIELDS IN EXCESS OF THE CONTROLLED EXPOSURE LIMIT. PREVENTATIVE STEPS TO PROTECT WORKERS DURING SUCH SCHEDULED PROJECTS SHALL INCLUDE REDUCING POWER OR SHUTTING DOWN THE FACILITY.


Attachment 11