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.

BPCDT - 20100325ACD
Section I - General Information
1. Legal Name of the Applicant
KVMD LICENSEE CO., LLC
Mailing Address
2323 CORINTH AVENUE

City
LOS ANGELES
State or Country (if foreign address)
CA
ZIP Code
90064 -
Telephone Number (include area code)
3104780055
E-Mail Address (if available) 
rulloa@kxlatv.com
FCC Registration Number:
0009326257
Call Sign 
KVMD
Facility ID Number
16729
2. Contact Representative (if other than Applicant)
Esq Kathleen A. Kirby
Firm or Company Name
Wiley Rein LLP
Mailing Address
1776 K Street, NW

City
Washington
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2027193360
E-Mail Address (if available)
KKirby@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 Other 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:

- NA
(b) 
Service Type:

AM FM
(c) Community of License:
City: TWENTYNINE PALMS

State: CA

 (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
Ronald Ulloa
Typed or Printed Title of Person Signing
President
Signature
Date
11/29/2017

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 - 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
S. Merrill Weiss
Relationship to Applicant (e.g., Consulting Engineer)
Signature
Date
Mailing Address
227 Central Avenue
City
Metuchen
State or Country (if foreign address)
NJ
Zip Code
08840 -1242
Telephone Number (include area code)
7324946400
E-Mail Address (if available)
MERRILL@MWGRP.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-E - DTS Engineering
GENERAL QUESTIONS. Complete the following questions that relate to the proposed DTS facility as a whole.
1. Channel Number:    23
2. Zone:
I     II      III
3.
Reference Point Coordinates for Table of Distances, in accordance with Section 73.626(c) of the rules:     
Latitude: 
Degrees Minutes Seconds     North     South

Longitude: 
Degrees Minutes Seconds     West     East
4. File Number for Current Authorized Service Area:   -
5. The proposed DTS facility will operate on the DTV channel for this station as established in the Post-Transition DTV Table of Allotments, 47 C.F.R. Section 73.622(i).
Yes No
6. The proposed DTV station satisfies the interference protection provisions of 47 C.F.R. Sections 73.616 and 73.626.

If "No," attach as an Exhibit justification.
Yes No

[Exhibit 51]
7. The proposed DTV station satisfies the coverage requirement in 47 C.F.R. Section 73.625 and, therefore, will encompass the allotted principal community.

If "No," attach as an Exhibit justification.
Yes No

[Exhibit 52]
8. The proposed DTS facility satisfies the requirements in 47 C.F.R. Section 73.626 in the following respects:
(a) The combined coverage from all of the DTS transmitters in the proposed DTS facility covers all of the station's authorized service area, as required in 47 C.F.R. Section 73.626(f)(1).

If "No," attach as an Exhibit justification.
Yes No

[Exhibit 53]
(b) Each DTS transmitter's coverage is contained within either the DTV station's Table of Distances area (47 C.F.R. Section 73.626 (c)) or its authorized service area, except where such coverage is of a minimal amount and necessary to meet the requirements of 47 C.F.R. Section 73.626(f)(1).

Yes, coverage entirely contained within station's authorized service area.
Yes, but coverage exceeds station's authorized service area by "minimal amount".
No
Attach as an Exhibit a justification if "No" or if "Yes but coverage exceeds station's authorized service area by minimal amount".
[Exhibit 54]
(c) Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's coverage, as required in 47 C.F.R. Section 73.626(e)(3).

If "No," attach as an Exhibit justification.
Yes No

[Exhibit 55]
(d) The coverage from one or more DTS transmitter(s) in the DTS facility provide(s) principal community coverage, as required in 47 C.F.R. Section 73.626(e)(4).

Yes, one transmitter provides principal community coverage.
Yes, multiple transmitters provide principal community coverage.
No
If "No," or if "Yes, multiple transmitters provide principal community coverage," attach as Exhibit No. an Exhibit justification.
[Exhibit 56]
(e) The combined field strength of all of the DTS transmitters in the proposed DTS facility do not cause interference to another station in excess of the criteria specified in 47 C.F.R. Section 73.616, as required in 47 C.F.R. Section 73.626(e)(5).

If "No," attach as an Exhibit justification.

Note: The combined field strength level shall be determined by a "root-sum-square" calculation, where the combined field strength level at a given location is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location.

Yes No

[Exhibit 57]
(f) Each DTS transmitter in the proposed DTS facility is located within either the DTV station's Table of Distances area or its authorized service area.

If "No," attach as an Exhibit justification.
Yes No

[Exhibit 58]
9. Environmental Protection Act.
(a) The proposed DTS facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the limits specified in 47 C.F.R. Sections 1.1307 and 1.1310.
Yes No
(b) Submit in an Exhibit the following for each transmitter site in the proposed DTS facility:

If "Yes," provide a brief explanation for each site of why an Environmental Assessment is not required. Also describe in the Exhibit the steps that will be taken to limit RF radiation exposure to the public and to persons authorized access to each transmitter site.

Note: By checking "Yes" to this question, the applicant also certifies that it, in coordination with other users of each transmitter site, will reduce power or cease operation as necessary to protect persons having access to each site, transmitter or antenna from radio frequency electromagnetic exposure in excess of FCC guidelines.

If "No," provide an Environmental Assessment as required by 47 C.F.R. Section 1.1311.

[Exhibit 59]
10. The proposed DTS facility satisfies the requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations.
Yes No
11. The antenna structures to be used by the proposed DTS facility have been registered with the Commission and will not require re-registration to support the proposed antennas, OR the FAA has previously determined that the proposed antenna structures will not adversely effect safety in air navigation and these structures qualify for later registration under the Commission's phased registration plan, OR the proposed installation on these antenna structures do not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.
Yes No

[Tech Specs - Transmitter Sites ]


SECTION III - E - DTS 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. DTS Site Number : 1
2. Antenna Location Coordinates: (NAD 27):
Latitude:    
Degrees Minutes Seconds     North     South


Longitude: 
Degrees Minutes Seconds     West     East
3. Antenna Structure Registration Number: 1256620
Not Applicable Notification filed with FAA
4.
Antenna Location Site Elevation Above Mean Sea Level: 2407.9  meters
5.
Overall Tower Height Above Ground Level: 52.1  meters
6.
Height of Radiation Center Above Ground Level: 43  meters
7.
Height of Radiation Center Above Average Terrain : 780.6  meters
8.
Maximum Effective Radiated Power (average power): 207.6  kW     
9. Antenna Specifications:
a. Manufacturer ERI    Model ATW20H6-ETP4-23H
b. Electrical Beam Tilt:
1.5 degrees    Not Applicable
c. Mechanical Beam Tilt:
degrees toward azimuth
degrees True    Not Applicable
d. Polorization:
Horizontal    Circular    Elliptical
e. Directional Antenna Relative Field Values:   Not applicable (Nondirectional)
Rotation (Degrees): 180 No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 0.193 10 0.19 20 0.185 30 0.181 40 0.184 50 0.202
60 0.312 70 0.479 80 0.663 90 0.828 100 0.946 110 0.997
120 0.977 130 0.872 140 0.71 150 0.536 160 0.382 170 0.282
180 0.247 190 0.282 200 0.382 210 0.536 220 0.71 230 0.872
240 0.977 250 0.997 260 0.946 270 0.828 280 0.663 290 0.479
300 0.312 310 0.202 320 0.184 330 0.181 340 0.185 350 0.19
Additional 
Azimuths

247

1

113

1

If a directional antenna is proposed, the requirements of 47 C.F.R. Sections 73.625(c) must be satisfied. Exhibit required.
[Exhibit 60]
f.   Elevation Pattern: Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt?
Yes No
g.  Required Exhibit: Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).

The elevation antenna (or radiation) pattern data shall be submitted in Office Open XML ("Excel Spreadsheet") format with the first column containing depression angle values and second (and subsequent, when applicable) column(s) containing relative field values. When applicable, the first row shall list the azimuth angle being tabulated. The range of depression angles shall be 10 degrees above horizontal (-10 degrees depression) to 90 degrees below horizontal (90 degrees depression) and shall include data points spaced not more than 0.5-degree between -5 and 10 degrees depression angle, and not more than 5 degrees elsewhere. All pattern minima and maxima shall be included. Additional elevation antenna (or radiation) pattern data may be included following the column corresponding to 350 degrees TN so that the direction(s) of maximum and minimum radiation are provided. A relative field value of 1 shall correspond to the azimuth and depression angles corresponding to the direction of maximum ERP.

[Exhibit 61]

PREPARER'S CERTIFICATION ON SECTION III MUST BE COMPLETED AND SIGNED.


TECH BOX
1. DTS Site Number : 2
2. Antenna Location Coordinates: (NAD 27):
Latitude:    
Degrees Minutes Seconds     North     South


Longitude: 
Degrees Minutes Seconds     West     East
3. Antenna Structure Registration Number: 1213941
Not Applicable Notification filed with FAA
4.
Antenna Location Site Elevation Above Mean Sea Level: 1654.5  meters
5.
Overall Tower Height Above Ground Level: 60.9  meters
6.
Height of Radiation Center Above Ground Level: 30.5  meters
7.
Height of Radiation Center Above Average Terrain : 878  meters
8.
Maximum Effective Radiated Power (average power): 169.6  kW     
9. Antenna Specifications:
a. Manufacturer RFS    Model RD24DFR
b. Electrical Beam Tilt:
3 degrees    Not Applicable
c. Mechanical Beam Tilt:
0.15 degrees toward azimuth
230 degrees True    Not Applicable
d. Polorization:
Horizontal    Circular    Elliptical
e. Directional Antenna Relative Field Values:   Not applicable (Nondirectional)
Rotation (Degrees): 0 No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 0.253 10 0.253 20 0.232 30 0.222 40 0.222 50 0.232
60 0.253 70 0.263 80 0.263 90 0.263 100 0.232 110 0.202
120 0.222 130 0.283 140 0.505 150 0.808 160 0.96 170 1
180 0.96 190 0.808 200 0.505 210 0.283 220 0.222 230 0.202
240 0.232 250 0.263 260 0.263 270 0.263 280 0.253 290 0.232
300 0.222 310 0.222 320 0.232 330 0.253 340 0.253 350 0.253
Additional 
Azimuths

If a directional antenna is proposed, the requirements of 47 C.F.R. Sections 73.625(c) must be satisfied. Exhibit required.
[Exhibit 60]
f.   Elevation Pattern: Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt?
Yes No
g.  Required Exhibit: Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).

The elevation antenna (or radiation) pattern data shall be submitted in Office Open XML ("Excel Spreadsheet") format with the first column containing depression angle values and second (and subsequent, when applicable) column(s) containing relative field values. When applicable, the first row shall list the azimuth angle being tabulated. The range of depression angles shall be 10 degrees above horizontal (-10 degrees depression) to 90 degrees below horizontal (90 degrees depression) and shall include data points spaced not more than 0.5-degree between -5 and 10 degrees depression angle, and not more than 5 degrees elsewhere. All pattern minima and maxima shall be included. Additional elevation antenna (or radiation) pattern data may be included following the column corresponding to 350 degrees TN so that the direction(s) of maximum and minimum radiation are provided. A relative field value of 1 shall correspond to the azimuth and depression angles corresponding to the direction of maximum ERP.

[Exhibit 61]







Exhibits