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FEDERAL COMMUNICATiONS COMMISSI.[ff
si9gtgi,D.ç 20554
& spected
In re: Application of

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JUL 21 Z014

Weber State University

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FCC Ma Room

for renewal of License
KWCR-FM 88.1 MHz

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)
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Ogden, UT

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File No. BRED-20130603BDZ
Facility ID No. 71394

To: Audio Division, License Renewal Team, Federal Communications Commission; Penelope
Dade

SUPPLEMENT TO PETITION TO DENY
Donald Lynn Hullinger (Herein referred to as "The Petitioner") respectfully submits this
suDolement to the petition to deny the renewal of the above captioned application.
INTRODUCTION
This document supplements the petition to deny filed on 8/14/2013. The purpose of this
supplement is to introduce new allegations about the broadcaster's behavior and submit new
information on previous allegations..
New information on previous allegations
Not open during "Normal Business Hours"
The Petitioner has continued to monitor the broadcaster's activities with regard to 47 C.F.R.
Section 73.3527(c)(1) which states that "The file shall be available for public inspection at any
time during regular business hours." Regular business hours are defined in the commission's
self-inspection checklists as "generally any eight hour period between the hours of 8 am. and
6 p.m., Monday through Friday."
The broadcaster has failed to maintain this standard for years going back to 2008 when the
petitioner worked for the broadcaster. The petitioner has been collecting evidence to support
this claim through documentation through photographing the broadcasters office at different
times showing them clearly closed. This behavior is willful and repeated as the broadcaster
has been notified many times and including in writing when they received a copy of the
original petition to deny. The petitioner met with Charles Wight, the president of Weber State
University, (who is also on the board of trustees,) in which the petitioner informed the

president that KWCR-FM was in violation of this commission rule.
However, when the petitioner visited WSU on Friday, July 11, 2014 he found the station to still
be in violation of this rule as they were closed at 10:05 am and again when the petitioner went
by at 11:20 am. The petitioner also has found a sign on the broadcasters door indicating that
they are only available by appointment during the summer holiday hours. Attached to this
addendum you will find photographs that prove this allegation and that the most recent
violation occurred last Friday which proves that they are wilfully and repeatedly violating this
rule which is goes against the public interest.
Lying to the public and possibly to the commission.
As part of the petitioner's diligence to monitor the broadcaster's activities, he has been
examining the documents submitted to the commission by the broadcaster. On May 1, 2014
the petitioner noticed that the broadcaster had filed for a construction permit (BPED 201 40430AAD) to construct a new tower at the same NAD 27 coordinates as the already
licensed tower. On May 2, 2014 an email was received from the president of Weber State
University (whom had been emailed because that was the last person who had signed an
application submitted to the commission) in response to an April 28, 2014 inquiry. The email
stated that KWCR was working with Weber State University Facilities Management on a place
to locate the tower but no decision had been made yet.
This piqued the petitioner's curiosity so On May 6, 2014 an email was sent to the engineer
listed on the construction permit, Dennis Silver, a professional engineer out of West Valley
City, UT who responded to the email on May 7, 2014 in which he stated that the new tower
was to be east of the football field (which was later confirmed to have been the place, albeit
they had yet to secure the land as it was not owned by the university, by an acquaintance of
the petitioner who works for the university.)
This did not add up as the construction permit said one location {the already licensed
location}, the president of the university (who I will point out had signed previous applications
to the commission, who stated the day after the permit was filed that no decision had been
made, and is on the board of trustees who technically own KWCR) {no location} and the
engineer the hill east of the football stadium} all stated three different outcomes for what that
construction permit was supposed to be.
Another oddity that should be pointed out is when the application was signed and when it was
filed. The engineer signed the application on 4/13/2014 and the Dean of Arts and Humanities
signed the application on 4/15/2014. Why did they wait 15 days to file that construction permit
when it can be filed immediately electronically? I also feel obliged to point out that three days
later, on 5/4/2014 their existing engineering STA(BESTA-20130918AEG) expired and without
this construction permit, it would have been unlikely that they could have proven substantial
progress has been made during the most recent STA period toward restoration
of licensed operation.
In a modified construction permit application, the broadcaster states that the tower height
above ground is going to be 50 meters. The petitioner spoke with Weber State University and
obtained information that the place the broadcaster says they are going to place the tower is
65 meters high and that does not include the height of the tower.

Lying to the public also goes completely against the public interest.

Conclusion
Taking the new allegations into consideration with the previous allegations, it's clear that a
hearing as to whether KWCR's license should be renewed is warranted or possibly a denial
altogether.
Attached is photographic proof of the allegations of failing to keep normal business hours, as
well as the emails exchanged that indicate something suspicious I possible lies occurring with
the construction permits. Again, keep in mind that the petitioner has evidence of the majority
of the allegations he has made since starting this petition to deny, which he will be happy to
send the commission at its request.

Thakou,

Donald Lynn Hullinger Jr.

Staff Office Hours
Week ofr June 17-23, 2013

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