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OS B LAW CO M

Please reply to JOHN WELLS KING
jkinggsblatv.conz TEL EXT 2520

July 13, 2009
Our File No. 20838-00-65
VIA HAND DELIVERY
Marlene H. Dortch, Secretary
Federal Communications Commission
12th
Street, S.W.
Washington, DC 20554
RE:

FILED/ACcEPT
JUi

New Hampshire Public Radio, Incorporated
NEW(FM), Holderness, New Hampshire
Facility ID No. 174186
FCC File No. BNPED-20071019ALH

Fëcleraj

Co,,

0m09 of

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em1b0f1

Wentwort
ap 1
hurch
NEW(FM), lymouth, ew Hampshire
Facility ID No.
34
FCC File No. BNPED-20071017ADV
SUBJECT:

Application For Review

Dear Ms. Dortch:
On behalf of New Hampshire Public Radio, Incorporated ("NHPR"), applicant for new
noncommercial educational FM broadcast facilities to serve Holderness, New Hampshire, I transmit
herewith the original and four copies of its Application for Review of the action of the Commission staff
by letter of June 12, 2009, dismissing the referenced NHPR Application and granting the referenced
Application of Wentworth Baptist Church.
Kindly communicate any questions directly to this office.
esp

ully s

Ioim Wells Kin
Enclosures

mitted,

IS4l

cc:

GA R V E Ys C H U BERT BARER

Rachelle G. Arcoite
Emmaus Christian Healing Ministries
William A. Wittik
Granite State Educational Fellowship
Lee G. Petro, Esquire
Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutchings
Southwest Radio Church of the Air, Inc.
John Crigler, Esquire
Counsel for Vermont Public Radio
David W. Robinson
Wentworth Baptist Church

Marlene H. Dortch, Seeretary
Federal Communications
Commission
July 13, 2009
Page 2

Before The

Federal Communications Commission
Washington, D.C. 20554

In re Applications of
NEW HAMPSHIRE PUBLIC RADIO,
INCORPORATED

FCC File No. BNPED-20071019ALH

NEW(FM); Holderness NH
Channel 214, 90.7 MHz

Facility ID #174186

WENTWORTH BAPTIST CHURCH
NEW(FM); Plymouth NH
Channel 214, 90.7 MHz

FCC File No. BNPED-20071017ADV
Facility ID #175347

For Construction Permit
To:

The Commission

Application For Review

GARVEY SCHUBERT BARER
1000 Potomac Street, NW
Fifth Floor, The Flour Mill Building
Washington, DC 20007
jkinggsb1aw.com
(202) 965-7880
July 13, 2009

-1-

Table of Contents
Summary

.

Application for Review
Introduction and Background

.

...................................................................................

1
2

Questions Presented .................................................................................................. 5
Factors Which Warrant Commission Consideration

................................................

5

Argument ................................................................................................................... 5
A. Geographic Coordinates And Antenna Structure Registrations Are Both
Tech Box Parameters, Requiring Staff Resolution Of Any Discrepancy ..... 5
B. The Correction Of A Typographical Error Is Not A "Major Amendment".. 9
C. The Public Interest Requires Consideration And Grant Of The NHPR
Application Under Section 307(b) .............................................................. 11
Conclusion .............................................................................................................. 13

-

11

-

Summary

This Application for Review presents the ultimate question whether New
Hampshire Public Radio ("NHPR") is out of the running for a new noncommercial
FM station at Holderness, New Hampshire, because of an inadvertent
typographical error in specifying the geographic coordinates of the proposed
transmitter site. The Media Bureau, in a heightened "hard look" approach that
unrealistically demands absolute perfection at the risk of eternal banishment,
answered the question in the affirmative. NHPR respectfully submits that a
generation of Commission precedent and policy is more merciful. That body of
law, acknowledged with approval by the U.S. Court of Appeals for the District of
Columbia Circuit, permits, indeed obligates, the Commission staff to resolve an
inadvertent discrepancy where it can be done confidently and reliably.
The dismissal of the NHPR Application enabled the grant of a conflicting
proposal filed by Wentworth Baptist Church ("Wentworth"). NHPR respectfully
submits that as the dismissal of the NHPR Application was in error, so also was
grant of the Wentworth Application. The interest of the Commission, and the
public interest, in being afforded a choice from among the greatest number of
applicants, requires reinstatement of the NHPR Application and rescission of the
grant of the Wentworth Application.
Under the Commission's point system selection procedures, NHPR's
proposal is decisively superior. It should be granted.

Before The

Federal Communications Commission
Washington, D.C. 20554
In re Applications of
NEW HAMPSHIRE PuBLIc RADIO,
INCORPORATED

FCC File No. BNPED-20071019ALH

NEW(FM); Holderness NIH
Channel 214, 90.7 MHz

Facility ID #174186

WENTWORTH BAPTIST CHURCH
NEW(FM); Plymouth NH
Channel 214, 90.7 MHz

FCC File No. BNPED-20071017ADV
Facility ID #175347

For Construction Permit
To:

The Commission

Application For Review
New Hampshire Public Radio, Incorporated ("NHPR"), through counsel and
pursuant to Section 1.115 of the Commission's Rules, hereby respectfully applies
for review of the staff action taken pursuant to delegated authority by letter of
June 12, 2009.' That action (1) denied a petition filed by NHPR seeking
reconsideration and reinstatement of the dismissal of NHPR' s above-captioned
proposal for a new noncommercial educational ("NCE") FM station to serve

Letter of Rodolfo F. Bonacci, Associate Chief, Audio Division, to New Hampshire
Public Radio, Incorporated, and to Wentvorth Baptist Church, June 12, 2009 (the
"Letter"), a copy of which is attached hereto as Attachment 1.

-2Holderness, New Hampshire (the "NHPR Application"),2 (2) dismissed a
concurrent NHPR petition for the return to the processing line of the abovecaptioned application of Wentworth Baptist Church ("Wentworth") for a new NCE
FM station to serve Plymouth, New Hampshire (the "Wentworth Application,"
and, together with the NHPR Application, the "Applications"),3 and (3) granted the
Wentworth Application. In support of its Application for Review, NHPR submits
the following.

Introduction and Background
The Applications were timely submitted in a filing window for new
noncommercial educational FM stations (the "NCE Window").4 The Applications
were mutually exclusive and would require resort to the Commission's point
system selection procedures to determine the winner.5 However, the NHPR
Application was dismissed because the staff concluded in a threshold review that

2

A copy of the Petition For Reconsideration And Reinstatement Nunc Pro Tunc is
attached as Attachment 2 (hereinafter "Petition For Reconsideration").
A copy of the Petition To Return To Processing Line As Inadvertently Accepted
For Filing is attached as Attachment 3 (hereinafter "Petition To Return To Processing
Line," and together with the Petition for Reconsideration, the "Petitions").
See Public Notice, DA 07-3521, released August 9, 2007, announcing the filing
window for the period October 12 - October 19, 2007. The NCE Window was extended to
2 pm October 22, 2007, see Public Notices DA 07-4355, released October 19, 2007.
Section 73.7000 et seq. The Applications were in a group of seven mutually
exclusive applications. See Declaration of Robert M. Smith, Jr., Attachment 2 to the
Petition for Reconsideration ("Smith Declaration").

-3-

the NHPR proposal would create prohibited overlap with an existing NCE FM
station.6 NHPR did not, however, intend to propose operation from a site that
would cause prohibited overlap with any existing station. The staff's finding of
prohibited overlap resulted from an inadvertent typographical error in the
geographic coordinates specified in the NHPR Application, which misplaced the
proposed transmitter site by two degrees west longitude, or by 100 miles
(161 km).7 No prohibited overlap would be caused at the location specified by the
Antenna Structure Registration ("ASR") identified in the NHPR Application,
which is the site from which NHPR has always intended to operate.
Dismissal of the NHPR Application freed the Wentworth Application from
conflict with any other application filed in the NCE Window, and the staff accepted
the Wentworth Application for filing.8
On December 3, 2007, NHPR filed the Petition for Reconsideration and
tendered an accompanying curative amendment. Since the grant of the Wentworth
Application would preclude further consideration of the NIHPR Application

See Attachment 1 to the Petition for Reconsideration, Letter of Rodolfo F.
Bonacci, Associate Chief, Audio Division, to New Hampshire Public Radio, Incorporated,
November 8, 2007.
The intended site is at 71 degrees vice 73 degrees of West Longitude. Smith
Declaration at 1.
Public Notice, BroadcastApplications, Report No. 26612, released
November 14, 2007, at 28.

-4because they were mutually exclusive, NHPR concurrently filed the Petition To
Return To Processing Line.
By reinstating the NHPR Application and returning the Wentworth
Application to the processing line, the staff would be required to review the
Applications under the Commission's point system selection procedures. NIHPR
showed that under such procedures, its Application would prevail, and that the
public interest would favor and compel such a result.
By Letter of June 12, 2009, the staff denied the Petition For
Reconsideration, dismissed the Petition To Return To Processing Line, and granted
the Wentworth Application. The Letter ruled that the staff cannot be responsible
for correcting application errors; that the filing of the amendment after the close of
the filing window required protection of all applications filed in the window; and
that the correction of geographic coordinates was a "major amendment" under the
processing standards of Section 73.3573(a)(1) of the Commission's rules, and was
therefore not acceptable for filing.

-5-

Questions Presented
Whether the Commission is required to resolve a "tech box" discrepancy
between the geographic coordinates specified in a construction permit
application and the geographic coordinates contained in the specified
Antenna Structure Registration?
II.

Whether a curative amendment to correct a typographical error is a "major
amendment" under Section 73.3573(a)(1)?

III.

Whether the public interest compels the Commission to resolve a
discrepancy in an application where to do so will result in a fairer, more
efficient, and more equitable distribution of facilities under Section 307(b)
of the Communications Act of 1934, as amended?

Factors Which Warrant Commission Consideration
The staff action conflicted with case precedent and with established policy:
the staff should have resolved the discrepancy in geographic coordinates, and
should have granted the relief requested by NHPR.

Argument
A.

Geographic Coordinates and Antenna Structure Registrations are
Both Tech Box Parameters, Requiring Staff Resolution of Any
Discrepancy

The Letter states that the "staff cannot be responsible for correcting errors
made, inadvertently or not, in applications," citing a prior staff ruling that where
there are "discrepancies between data in the tech box and data submitted elsewhere

-6in the application, the data in the tech box must be used."9 Importantly, however,
the discrepancy in the NHPR Application appears within the four corners of
the tech box itself. Geographic coordinates and the ASR are both tech box
parameters. Therefore, the staff should have been alerted to the two-degree error.
The staff could and should have resolved the discrepancy.
Under well-settled and longstanding Commission precedent and policy, if an
applicant specifies inconsistent data but. clearly proposes to locate its antenna on an
existing tower to which specific reference is made in its application, the
Commission staff may take official notice of data specified in Commission records
in order confidently and reliably to resolve the inaccuracy or inconsistency in the
data given for a proposed tower location. David T. Murray, 5 FCC Red 5770
(1990); R. Donnie Goodale, 7 FCC Red 1495, 1496 (1992).'°
Neither this precedent nor the policy underlying it was overruled by the
Commission's adoption of the discrete technical section of the application form
Letter from Peter H Doyle, Chief Audio Division, to Plus Charities, DA 09-44 1
(rel Feb. 25, 2009), 24 FCC Rcd 2410. It is relevant to note that the applicant's "curative"
amendment in that case included a "host of changes" that went well beyond mere
correction of coordinates.
In Goodale, 7 FCC Red at 1496 n. 5, the Commission noted a line of cases in
which applicants that proposed to mount their antennas on existing, licensed towers were
permitted to amend to cure site discrepancies: Peter J. Rinaldi, 5 FCC Red 5649 (MM
Bur. 1990); Caprock Educational Broadcasting Foundation, 5 FCC Red 5170 (MM Bur.
1990); Carta Corporation, 3 FCC Red 798 (MM Bur. 1988); The Cromwell Group, Inc., 5
FCC Red 7092 (MM Bur. 1990); PatrickR. Robinson, 5 FCC Red 5146 (MM Bur. 1987);
P N Radio Company, 2 FCC Red 5540 (MM Bur. 1987); Charles Saltzman, 2 FCC Red
4449 (MM Bur. 1987); Radio Trinity, Inc., 8920-KS (March 17, 1987).

-7-

known as the "tech box."1 Indeed, in one specific, context - application data
regarding the collocation of facilities, the Commission noted that staff review could
and ought well go beyond tech box

12

the information provided in the "Tech Box," concerning the
proposed facility, in conjunction with information from the
Commission's engineering database regarding co-located and nearby
existing broadcast facilities, are sufficient to enable the staff to make
accurate determinations
•

.

.

.

The application processing staff routinely refers to ASR data. That fact is no
more evident than in the very case of the Wentworth Application. On May 14,
2009, Wentworth amended its application to correct discrepancies between its tech
box data and the ASR data for the tower contained in ASRNo. 1055700 (the same
tower specified in the NHPR Application):
Exhibit I
Description: PURPOSE OF AMENDMENT
THIS AMENDMENT AMENDS THE TOWER COORDINATES SPECIFIED IN ITEM
3 OF SECTION VII TO CORRESPOND TO THOSE SPECIFIED IN THE ANTENNA
STRUCTURE REGISTRATION FOR TOWER PROPOSED, ITEM 6 OF SECTION VII
IS ALSO REVISED TO CORRESPOND THE ASR IN QUESTION. THE RESPONSE
TO ITEM 7 OF SECTION VII ALSO HAS BEEN CHANGED FROM 358 TO 356
METERS.

It is fair to assume that Wentworth's amendment was prompted by a staff
review of the proposal, discovery of the discrepancy, and request for a curative

1998 Biennial Regulatory Review - Streamlining of Mass Media Applications,
Rules, and Processes, 13 FCC Rcd 23056 (1998).
2

Id., at 23082.

-8amendment. NHPR's tech box data suffered the same infirmity. It should have
been permitted the same opportunity.
The Commission may properly conclude as a matter of administrative
convenience and efficiency that an application defect unresolvable by reference to
the Commission's information databases, such as an issue regarding a site with no
ASR or with only FAA notification, is a fatal defect requiring the return of the
application. However, some 20 years of precedent and policy, not overruled by
adoption of the tech box approach, obligates the staff to resolve a discrepancy that
may arise wholly within the tech box. To hold otherwise would betray fundamental
fairness, which "requires that that an exacting application standard, enforced by the
severe sanction of dismissal without consideration on the merits, be accompanied
by full and explicit notice of all prerequisites for such consideration."3

13

Communications and Control, Inc., v, FCC, 374 F.3d 1329,1335 (D.C. Cir. 2004).
There, the Court observed that the Commission "routinely allows license applicants in
other services to correct typographical errors. See, e.g., Porta-P hone Paging Licensee
Corp. for Modijication of License For Paging Serv. Station KNKD66] to Establish an
Additional 158.10 MHz Base Station at Thomasville, Ga., Order on Reconsideration, 13
FCC Rcd 5229, 523 1, ¶6-7 (Commercial Wireless Div. 1998) (reinstating license
application because Commission allows "applicants to make minor modifications to
dismissed applications if inconsistent information was previously supplied, the correct
information is found within the four corners of the application, and the correct information
can be easily determined"); Peter J Rinaldi, Luther Jackson Lazarus, James Washington
D/B/A Washington Broad., Cloud Nine, Inc., for Construction Permit For a New FM
Station in Natchez, Miss. Channel 247A (97.3 MHz), Hearing Designation Order, 5 FCC
Rcd 5649, 5649, ¶J3-4 (Audio Servs. Div. 1990) (allowing amendment to clarify station's
geographic coordinates); Milledgeville Mob ilefone, Inc., For Authority to Construct an
Additional Facility in the Public Land Mo bile Serv. for Station KUC919 to Operate of
Frequency 158. 70 MHz at Macon, Ga., Order on Reconsideration, 3 FCC Rcd 1998,
Continued...

-9Here, the NHPR Application provided the staff with ample opportunity. The
tech box discrepancy in geographic coordinates was easily and efficiently
resolvable by reference to the ASR record cited in the tech box. As a conse4uence,
the NHPR Application should not have been dismissed. Having erroneously been
dismissed, it should, upon reconsideration, have been reinstated nunc pro tunc.
B.

The Correction Of A Typographical Error Is Not
A "Major Amendment"

NHPR established by overwhelming intrinsic evidence that the specification
of 73 degrees west longitude shown in the Application at Section Vu-FM, Tech
Box, Item 3, was an inadvertent typographical error that should instead have
specified 71 degrees west longitude. The purpose of NHPR's tendered amendment
was to correct that typographical error. It was not the purpose of the curative
amendment to modify a construction proposal as contemplated by Section
73 .3573(a)( 1) of the Commission's rules.
1998, ¶4 (Mobile Servs. Div. 1988) (reinstating application containing "an extremely
minor typographical error which involves the mis-typing of a single digit"); Paging
Network of Los Angeles, Inc., For Reconsideration ofAuthorizations for Facilities in the
931 MHz Band in the Paging and Radiotelephone Serv., 15 FCC Rcd 6720, 6720, ¶2
(Policy & Rules Branch 1999) (granting petition for reconsideration of dismissal of
application for failure to pay applicable fee because coordinate correction constituted
"minor amendment"); cf Coachella Valley Wireless Corp., For a Construction Permit for
a New FM Station on Channel 249A in Mecca, Ca., 7 FCC Rcd 4252, 4252-53, ¶5 (1992)
(dismissing application because staff unable to determine "which set of coordinates was
correct" but noting "[a]lthough a coordinate discrepancy is considered an acceptability
defect, the staff will, within reason, nonetheless attempt to resolve any discrepancies
found in an application"). Furthermore, as discussed above, the Commission allowed
another licensee in the 220-222 service to correct a typographical error before denying
CCIs similar request. See Ann Leggett, 15 FCC Rcd at 2575, ¶4." Id. At 1334.

-

10-

Section 73.3 573(a)(1) provides that "a major facility change is any change
in antenna location which would not continue to provide a 1 mV/rn service to some
portion of its previously authorized 1 mV/m service area."
By its plain terms, this definition applies to a facilities change proposed by a
licensee, permittee, or applicant. NHPR did not propose a change in facilities. It
sought only to correct a typo. NHPR's intent is undeniably evident from the four
corners of the NHPR Application:
• All engineering calculations and exhibits contained in the
NHPR Application are based upon the intended location at 71
degrees west longitude.
• The calculation of first and second NCE service for purposes
of comparative evaluation shows existing NCE service that is
not present at 73 degrees west longitude.
•

Protection requirements are shown to the Channel 6 licensee at
Portland, Maine. No such showing would have been required
from a site at 73 degrees west longitude.

• NHPR specified the ASR of a supporting structure located at
71 degrees west longitude.
•

The very fact that NHPR provided an ASR indicates that the
structure is existing, that the structure is used by a
Commission licensee, and that its particulars - including its
geographic coordinates - are a matter of record.

There can be no conclusion drawn from the application data other than that
NHPR intended to correct a typographical error in the tech box. It did not intend to
change its technical proposal. That being the case, the staff, having failed to resolve

11the NHPR Application discrepancy on its own initiative, should have granted the
Petitions.
C.

Under Section 307(b) The Public Interest Requires Consideration
And Grant Of The NHPR Application

The Commission has long acknowledged the public interest benefit in
making the best choice from among the greatest number of applicants.'4 This
bedrock objective underpins the Commission's policy to act favorably on requests
for reconsideration of an action returning an application as unacceptable for filing
when an applicant submits a relatively minor curative amendment within 30 days.'5
The Commission observed that this policy is a reasonable accommodation to
applicants wishing to participate in the Commission's processes for the
comparative evaluation of applications. Id.
Acceptance of the resubmitted NHPR Application would redound
significantly to the public interest by affording the Commission the broadest choice
among the greatest number of applicants, and by presenting the Commission with a
distinctly superior applicant.

In re Public Notice "Commission States Future Policy on Incomplete and Patently
Defective AM and FM Construction Permit Applications, "FCC 85-185, 57 P&F
Rad.Reg.2d 1603, 1604 (1985).
Public Notice, "Commission Statement of Future Policy on Incomplete and
Patently Defective AM and FM Construction Permit Applications, "FCC 84-3 66, released
August 2, 1984, 56 Rad.Reg.2d (P&F) 776 (1984).

-

12

-

The Wentworth Application was freed from mutual exclusivity by return of
the NHPR Application, and has now been granted. Reinstatement of the NHPR
Application would therefore require rescission of the grant and the return of the
Wentworth Application to the processing line, where it would undergo comparative
evaluation under the Commission's point system selection procedures.'6
NHPR's service proposal is decisively superior to Wentworth's, or to any
other applicant in the relevant MX group.'7 The NHPR Petition for
Reconsideration showed that NHPR's aggregate service to 25,881 persons exceeds
Wentworth's aggregate service of 14,118 persons so as to entitle it to a decisive
3 07(b) preference.
The public interest standard imposes upon the Commission the essential
obligation to afford itself the best choice among the greatest number of applicants.
Denial of the NHPR Petition for Reconsideration and dismissal of the Petition To
Return To Processing Line deprived the Commission of that opportunity, and has
denied the public the benefits that flow from it.

6
Such a result is not without precedent. See David T. Murray, supra, in which the
dismissed application was reinstated and designated for comparative hearing, although the
competing proposal had been granted, constructed, and operating for more than a year.
NHPR's amended technical showing, in addition to correcting geographical
coordinates, proposed modified coverage that resolved mutual exclusivity with one of the
applicants in the MX group, Vermont Public Radio.

-

13

-

Conclusion
Precedent and policy obligated the staff to resolve an inadvertent,
intra-tech box discrepancy. The discrepancy could have been confidently and
reliably resolved, and should have been resolved.
Failing resolution of the discrepancy, the staff should have granted the
Petitions to reinstate the NHPR Application and to return the Wentworth
Application to the processing line for processing pursuant to point system selection
procedures.
The NHPR Application is decisively superior under Section 3 07(b) and
should be granted.
Accordingly, and for the reasons stated, NHPR respectfully requests that the
Commission grant this application for review, and ultimately, grant the NHPR
Application.
Respectfully submitted,
NEW HAMP1SHIRE PUBLIC RADIO, INCORPORATED

By:
GARVEY SCHUBERT BARER
Jc
1000 Potomac Street, NW
It
Fifth Floor, The Flour Mill Building
Washington, DC 20007
j kinggsblaw.com
(202) 965-7880
July 13, 2009

ATTACHMENT 1

Dismissal Letter
June 12, 2009

FEDERAL COMMUNICATIONS COMMISSION
445 TWELFTH STREET, SW
WASHINGTON, DC 20554
MEDIA BUREAU
AUDIO DIVISION
TECHNICAL PROCESSING GROUP
APPLICATION STATUS: (202) 418-2730
HOME PAGE: www.fcc.gov/mbfaudio/

n1 2. 2QB

ENGINEER: GARY A. LOEHRS
TELEPHONE: (202) 418-2700
FACSIMILE: (202) 418-1410/1411
MAIL STOP: 1800B3
INTERNET ADDRESS: Gary.Loehrs@fcc.gov

New Hampshire Public Radio, Incorporated
207 North Main Street
Concord, NH 03301
Wentworth Baptist Church
260 Cape Moonshine Road
Wentworth, NH 03282
Re:

NEW(FM), Holderness, NH
Facility ID No. 174186
New Hampshire Public Radio, Inc. ("NHPR")
BNPED-20071019ALH
Petition for Reconsideration
NEW(FM), Plymouth, NH
Facility ID No. 175347
Wentworth Baptist Church ("Wentworth")
BNPED -2007 101 7ADV
Petition to Return to a Processing Line as
Inadvertently Accepted for Filing

Dear Applicants:
This is in reference to: (1) the above-captioned application filed by NHPR dismissed by letter November 8,
2007, (2) the Petitionfor Reconsideration filed by NHPR on December 3, 2007, (3) the Petition to Return to
a Processing Line as Inadvertently Accepted for Filing as filed by NHPR against Wentworth's application on
December 3, 2007 and (4). all other related pleadings. NHPR requests reconsideration of the staffs
November 8, 2007 dismissal of the above-captioned application. For the reasons stated below, we deny the
Petition for Reconsideration, dismiss the Petition to Return to a Processing Line as Inadvertently Accepted
for Filing, and grant BNPED-20071017ADV.
By letter dated November 8, 2007, the staff informed NHPR that the application, as originally filed, was in
violation of 47 C.F.R. § 73.509 with respect to the co-channel Class A license (BLBD-2006 11 13ACV) for
WLJH(FM), Glenn Falls, NY and the co-channel Class A previously filed application (BPED20070907ABK) for WLJH(FM), Glenn Falls, NY. Specifically, the proposed protected and interfering
contours (60, 40 dBu) would cause and receive prohibited overlap in relation to WLJH's licensed and
proposed protected contours. Consequently, the application was dismissed pursuant to 47 C.F.R. § 73.3566.
On December 3, 2007, NHPR submitted a petition for reconsideration requesting reinstatement jgc q
tunc and an amendment. NHPR also filed a Petition to Return to a Processing Line as Inadvertently Accepted
for Filing stating that its application and Wentworth's application are mutually exclusive. NHPR claims that
the original application contained a typographical error and requests that the west longitude coordinates be
corrected from 73° 39' 00.1 "to 71° 39' 00.1". However, a change in coordinates to this degree for a
noncommercial educational ("NCE") FM application results in a major amendment: such an amendment can
Pursuant to 47 C.F.R. Section 73.7573(a)(l), a major amendment occurs when the amended 60 dBu contour fails to

only be filed during an application filing window required for NE new and major change applications.2
Consequently, the amendment and request for reinstatement cannot be accepted and processed under the
terms of the Commission's August 2, 1984 Public Notice.3
In addition, the petition for reconsideration does not qualify for consideration under Section 1.106(c) of the
Commission's rules. No good cause has been demonstrated that would warrant acceptance of an
amendment. The petition for reconsideration has not shown that the staff's dismissal was in error, nor that
facts and circumstances have occurred that could not have been discovered earlier using ordinary diligence.
Indeed, the petition acknowledges that the error was solely the applicant's. It is the applicant's responsibility
to ensure that all portions of its application are correct before filing the application. The staff cannot be
responsible for correcting errors made, inadvertently or not, in applications.4 Furthermore, the corrective
amendment was filed after the October 22, 2007 close of the noncommercial educational FM application
filing window period and so must protect all applications properly filed during the window period.5 Making
the coordinate correction sought for in the present application brings this proposal into direct conflict with
window application BNPED-2007 1OI7ADV, Plymouth, NH.6 Any application, as amended, that proposes to
create a new application conflict with another application filed in this NCR window will not be accepted.
In light of the above, the December 3, 2007 Petition for Reconsideration flied by New Hampshire Public
Radio, Incorporated IS HEREBY DENIED, the Petition to Return to a Processing Line as inadvertently
Accepted for Filing IS HEREBY DISMISSED, and application BNPED-2007 10 I7ADV IS HEREBY
GRANTED. This action is taken pursuant to 47 C.F.R. § 0.283. Please note, pursuant to the terms of the
August 2, 1984 Public Notice, this constitutes NHPR's one opportunity to amend the application and request
reinstatement nunc pro tunc. NHPR is not entitled to another attempt to amend the application.

Sincerely,

Assistant Chief
Audio Division
Media Bureau

cc: Garvey, Shubert & Barer
R.M. Smith Associates
David W. Robinson

overlap the originally filed 60 dBu contour.
2
See Letter from Peter H, Doyle, chief Audio Division, to Plus Gizarities, DA 09-441 (rel. Feb, 25, 2009) (rejected the
contention that the staff should teat its proposed amendment correcting a coordinate discrepancy as a "minor"
amendment.)
Commission States Future Policy on Incomplete and Patently Defective AM and FM Gonstruction Permit
Applications, Public Notice, FCC 84-366, 56 RR 2d 776,49 FR 47331 (1984).
See letter from Peter H. Doyle, Chief Audio Division, to Plus Ghariries, DA 09-441 (rel Feb, 25, 2009) (In the event
of any discrepancies between data in the tech box and data submitted elsewhere in the application, the data in the tech
box must be used.)
See Window Opened to Expedite Grant of New NC'E FM Station construction Permits; Bureau Will Accept
Settlements and Technical Amendments, Public Notice, 22 FCC Rcd. 19438 (2007).
6 The application was accepted for filing on November 8, 2007.

-2-

ATTACHMENT 2
Petition For Reconsideration And Reinstatement Nunc Pro Tunc
December 3, 2007

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portland, Oregon

waehington. d.c. 20007.3501

PARTUERS4tP O PROFEnSIOnAL eOPORATIOH9

STPIIMP

WASHINGTOH. D.C. OFFICE
fift.) floor

TEL 202 965 780 r

&

nLtle. wa.kiugton

202 965 1729

GSBt.w.coK

Please reply to Jo
jklng®gsblaw.com

WELLS KING
TEL. EXT 2520

December 3, 2007
Our File No. 20838-500-65
Marlene H. Dortch, Secretary
Federal Communications Commission

l2 stt, s.w.

Washington, DC 20554
.

RE:

New Hampshire Public Radio, Incorporated
NEW(FM), Holderness, New Hampshire
Facility II No. 174186
FCC File No. BNPED-20071019ALH

SUBJECT:

Petition for Reconsideration
Amendment to Application for Construction Permit
Request for Waiver

F1Ln/c
017

Dear Ms. Dortch:
On behalf of New Hampshire Public Radio, Incorporated ("NHPR"), applicant for new
noncommercial educational FM broadcast facilities to serve Holderness, New Hampshire, I transmit
herewith the original and four copies of its Petition for Reconsideration of the action of the Commission
staff by letter of November 8, 2007, returning the application as unacceptable for filing.
Also transmitted herewith on FCC Form 340 are the original and four copies of a curative
amendment to the application. The amendment is an acceptable technical amendment under post-NCB
Window procedures, Public Notice, "Window Opened to Expedite Grant of New NCE FM Station
Construction Permits; Bureau WillAccept Settlements and Technical Amendments," DA 07-4571,
released November 8,2007. The amendment is filed manually because CDBS will not permit filing
electronically. The impossibility of filing in CDBS constitutes good cause for waiver. 1998 Biennial
Regulatory Review-Streamlining of Mass Media Applications, Rules, :and Processes, 13 FCC Red
23056, 23061 (1998).
Kindly communicate any questions dire yto this office.
•

esPj

J hn Wells King

k1
ISIIGARVEYSCHUBERTaARER

1J3-JI

cc:

Rachelle G. Arcoite
Emmaus Christian Healing Ministries
William A. Wittik
Granite State Educational Fellowship
Lee 0. Petro, Esquire
Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutchings
Southwest Radio Church of the Air, Inc.
John Crigler, Esquire
Counsel for Vermont Public Radio
David W. Robinson
Wentworth Baptist Church

Marlene H. Dortch, Secretary
F&leral Communications
Commission
December 3, 2007
Page 2

Before The

Federal Communications Commission
Washington, D.C. 20554
In re Application of
NEW HAMPSHIRE PUBLIC RADIO,
INCORPORATED
NEW(FM); Holderness NH
Channel 214,90.7 MHz
For Construction Permit
To:

)
)
)
)
)
)
)
)
)

FCC File No. BNPED-20071019ALH

Facility II) #174186

Chief Media Bureau

Petition For Reconsideration
And Reinstatement Nunc Pro Tunc
New Hampshire Public Radio, Incorporated ("NHPR") through counsel and
pursuant to Section 1.106 of the Commission's Rules, hereby respectfully petitions
the Commission for reconsideration. of the staff letter dated November 8, 2007,
dismissing the above-captioned proposal for a new noncommercial educational FM
station to serve F[olderness, New Hampshire (the "Application"),' and for
reinstatement of the Application nunc pro tune. In support of its petition, NHPR
submits the following.

Letter of Rodolfo F. Bonacci, Associate Chief, Audio Division, to New Hampshire Public Radio,
incorporated, November 8, 2007 (the "Letter"), a copy of which is attached hereto for convenient reference
as Attachment I. Public notice of the dismissal of the Application was given November 15, 2007. See Public
Notice, "Broadcast Actions, "Report No. 46613 at 12.

-2Introduction and Background
The Application was filed on October 19, 2007, in the NCE FM New
Station and Major Change Filing Window (the "NCB Window").2 The Application
was found to be in violation of Section 73.509 of the Commission's rules with
respect to co-channel Class A Station WLJH, Glenn Falls, New York. Specifically,
the staff found that the proposed protected and interfering contours (60,40 dBu)
would cause and receive prohibited overlap in relation to the licensed and proposed
protected contours of WLJH. The Letter advised that this "constitutes an
acceptance defect," and dismissed the Application.
The staffs finding of prohibited overlap is the product of an inadvertent
typographical error in the geographic coordinates specified in the Application,
which misplaced the transmitter site by two degrees of west longitude, or by 100
miles (161 km),3 No prohibited overlap would be created if the transmitter site was
at the location specified by the Antenna Structure Registration identified in the
Application. The discrepancy between the two locations may be confidently and
reliably resolved, and the intended site determined, under well-established
precedent. By the amendment concurrently tendered herewith, NHPR corrects the
typographical error, and resolves the discrepancy.

See Public Notice. DA 07-3521, released August 9,2007, announcing the filing window for the
period October 12 - October 19, 2007. The window was extended to 2 pm October 22,2007, see Public
Notice, DA 07-4355, released October 19, 2007.
See Attachment 2, Declaration of Robert M. Smith, Jr.

-3Accordingly, as.more fully detailed and for the reasons that follow, NHPR
respectfully requests that the Commission reconsider the dismissal of the
Application and reinstate it nunc pro tunc. The Application, as.amended with
corrected geographic coordinates, is acceptable for filing, and is entitled to
consideration, processing, and ultimately, grant, under the rules and procedures
governing the filing and processing of NCE. Window applications.4
This petition and the resubmission of the Application, as amended, conform
to Commission policy on reinstatement nunc pro tunc of dismissed applications.5
Pursuant to that policy, NHPR has prepared and has concurrently filed a minor
curative amendment; the amendment and this petition are filed within 30 days of
the dismissal of the Application.6

Inadvertent Typographical Error Caused Dismissal
The geographic coordinates of the transmitter site as specified in the
Application at Section Vll-FM,Tech Box, Item 3, are:

Section 73.7000 et seq.
Public Notice, "Commission Statement of Future Policy on Incomplete and Patently Defective AM
and FM Construction Permit Applications," FCC 84-366, released August 2, 1984,56 Rad.Reg.2d (P&F)
776 (1984).
6
The amendment is an acceptable technical amendment under post-NCE Windo' procedures. See
Public Notice. "Window Opened to Expedite Grant ofNew NCE FM Station Construction Permitr; Bureau
Will Accept Settlements and Technical Amendments," IDA 07-4571, released November 8, 2087
("Settlement Window"). The amendment is filed manually through the Office of the Secretary, since CDBS
will not permit the electronic filing of the amendment. NHPR respectfully requests waiver of the mandatory
electronic filing requirement. The impossibility of filing in CDI3S constitutes good cause for waiver.
1998 Biennial Regulatory Review--Streamlining of Mass Media Applications, Rules, and Processes, 13 FCC
Rcd 23056, 23061 (1998).

-4430
730

45' 45.4" North Latitude
39' 00.1" West Longitude

These are in error. The degrees of west longitude were inadvertently
mistyped as 73. The actual value is 71.
The geographic coordinates of the proposed transmitter site are:
430 45' 45.4" North Latitude
71° 39' 00.1" West Longitude
The correctness of the coordinates

--

and the inadvertence of the

typographical error -- can be verified within the four corners of the application and
by reference to other data, As a result, the Commission may confidently and
reliably resolve the inconsistency between the geographic coordinates as
inadvertently mistyped at Section WI-FM, Tech Box, Item 3, and as they exist in
reality.
NIHPR proposes to mount its antenna on an existing tower. The existing
tower is registered in the Commission's Antenna Structure Registration database,
ASR No. l055700. The Application identifies ASk No. 1055700 at Section
Vll-FM, Tech B ox, Item 5.
All engineering calculations and exhibits contained in the application are
based upon the intended location at 71 degrees west longitude.

The coordinates in the ASR are expressed with reference to the North American Datum 1983. The
coordinates in the Application, as amended, are expressed with reference to the North American Datum
1927. The two sets of coordinates agree. See Attachment 3, the conversion calculation from NAD 27 to
NAD83.

.5Exhibit 10 to the application containing the calculation of first and second
NCE service shows contour overlap that would not occur at 73 degrees west
longitude.8
Exhibit 19 to the application demonstrates compliance with the TV
Channel 6 interference requirements with respect to WCHS-TV, Portland, Maine.
No such demonstration would have been required from a site at 73 degrees west
longitude.
Finally, the Commission may take notice that the existing tower is the
antenna support structure for another FCC licensed facility, FM Broadcast Station
WLKC, Campton, New Hampshire. Its license record identifies the site by the
geographic coordinates as corrected.
The foregoing abundantly establish that the singular specification of"73" as
the degrees of west longitude at Section \7ll-FM, Tech Box, Item 3 of the
Application was purely a typographical error, and that the Commission was and is
able by reference to multiple indicia of transmitter location, to isolate the
discrepancy, and to resolve it confidently, reliably, and favorably to the applicant.
It is well-settled and is longstanding Commission policy that if an applicant
has specified inconsistent data but clearly proposes to locate its antenna on an

See Attachment 2. The proposed 60 d1u contour would overlap the 60 dBu contours of WPCRFM, Plymouth NH; WEVO(FM), Concord NH; and WMEA(FM), Portland ME. As Mr. Smith also points
out, at 73 degrees west longitude, the Holderriess proposal would not provide service to the proposed
communIty of license. At 71 degrees, the proposed facility has no prohibited overlap with any NCE FM
station existing at the time of tiling.

-6existing tower to which specific reference is made in its application, the
Commission staff may take official notice of data specified in Commission records
in order confidently and reliably to resolve the inaccuracy or inconsistency in the
data given for a proposed tower location. David T Murray. 5 FCC Red 5770
(1990); R. Donnie Goodale, 7 FCC Red 1495 (1992), and cases cited at 1496 n. 5.

Corn mission Policy. Warrants Reconsideration
And Acceptance For Filing
It is the Commission' s stated policy to act favorably on requests for
reconsideration of an action returning an application as unacceptable for filing
when an applicant submits a relatively minor curative amendment within 30 days.
Public Notice, note 5 supra. The Commission observed that this policy is a
reasonable accommodation to applicanth wishing to participate in the
Commission's processes for the comparative evaluation of applications. Id.
The Commission amplified this view by acknowledging a public interest
benefit in permitting an applicant in a comparative proceeding to amend its
application in order to afford the Commission a choice among the greatest number
of applicants.9
Here, the Application was returned as unacceptable for filing. Return of the
application deprived NHPR of the opportunity to participate in the comparative

In rePublic Notice "Commission States Future Policy on Incomplete and Patently Deft ctive AM
and FM Consiruction Penn it
ati" FCC 85-185, 57 P&F Rid.Reg.2d 1603, 1604 (1985).

-7-

evaluation of applications filed in the NCE Window. NHPR has concurrently
resubmitted the Application with a relatively minor curative amendment-correction of the specification of west longitude by two degrees. This does not
constitute a comparative upgrade. Grant of reconsideration and acceptance of the
resubmitted Application will reasonably accommodate NHPR consistent with
Commission policy and, as an important consequence, will redound to the public
interest by affording the Commission the broadest choice among the greatest
number of applicants.
Impact of N1TPR's Holderness Proposal on NCE Window Filings
NHPR has determined that its Application for new facilities at Holdemess,
New Hampshire, is mutually exclusive with six other NCB Window applications.'0
NHPR's amended technical showing submitted concurrently herewith, in
addition to correcting geographical coordinates as discussed above, proposes
modified coverage that resolves mutual exclusivity with one of the applicants,
Vermont Public Radio." Accordingly, five other applicants remain in the MX
group in which the Holderness proposal is placed.

See Attachment 4 for a listing of the applications.
FCC File No. BNPED-2O071OI BBBQ. NHPR has not been promised nor has it received any
consideration from Vermont Public Radio in return for modification of its proposal. See Attachment 5,

-8One of the five, the proposal of Wentworth Baptist Church to serve
Plymouth, New Hampshire ("Plymouth"), has been accepted for filing, 12 reflecting
the Commission's determination that it is not mutually exclusive with any other
application submitted in the NCE Window, or is a grantable "singleton."13
The Commission's determination that Plymouth is a grantable singleton was
a consequence of the determination that NHPR's Holderness proposal is
unacceptable for filing. However, because the return of the Application was
prompted by a resolvable discrepancy in geographic coordinates, and the
Application, as amended, is entitled to reinstatement nunc pro tunc, Plymouth is in
fact not grantable as a singleton.14 It will be required to submit to comparative
analysis with NHPR's Holdemess proposal and the other MX'd applications in the
group that NBPR has identified.15
In this connection, NHPR has examined the Plymouth proposal, and has
found that the applicant's claim of first and second service is flawed. NT{PR's
broadcast technical consultant, Robert M. Smith, Jr., finds that Plymouth failed to
account for existing NCB service provided by WEVO(FM), Concord, and
WPCR(FM), Plymouth, both New Hampshire. As a consequence, Plymouth's first
FCC File No. BNPI3D-2007101 7ADV. See Public Notice, "Broadcast Applications. "Report No.
26612, released November 14, 2007, at 28.
See Settlement Window, supra note 6.
Concurrently herewith, NHPR is filing a 'Petition to Return Application to the Processing Line as
Inadvertently Accepted for Filing," against the Plymouth application.
15
The resubmission of the Application, as amended, does not create a new application conflict. The
conflict arose upon filing of the applications in the NCE Window and has always been present

-9service population is reduced from its claimed 11,759 persons to an actual 3,396
persons. Plymouth's second service population increases from 2,555 persons to
10,722 persons.16

NIIPR's Holderness Proposal Is Decisively Superior
A grant of reconsideration and reinstatement of the Application nunc pro
tunc is both warranted and salutary to the public interest because NHPR's
Holdemess proposal is decisively superior to the others in its MX group.
Each of the six applicants in the group has applied for a different
community. A summary of their first and second service populations shows:
10% Threshold

1st Service

New Hampshire
Public Radio'7

2,834

4,790

21,091

25,881

WentworthBaptist
Church

1,431

3,396

10,722

14,118

Northeast Gospel
Broadcasting, Inc.

2,398

0

9,722

9,722

Emmaus Christian
Healing Ministries

2,926

0

12,019

12,019

Granite State
Educational
Fellowship

1,100

0

7,583

7,583

Applicant

2nd Service

_____________ _________

Aggregate

________________________

See Attachment 2. It is unclear whether Plymouth may claim the benefit of additional second
set-vice population as a result of the correction of its miscalculation, but as shown below, the question is
immaterial.
u
The values for NHPR are those contained in the amended technical showing. They represent a
downgrading of the 1st and 2d service populations contained in the Application as originally filed, which
were 5,807 and 21,149 persons, respectively, for an aggregate of 26,956 persons.

-10Southwest Radio
Church of the Air

663

0

0

0

Under the Commission's procedure for analyzing fair distribution of
service,'8 only the aggregate first and second service populations of the NHPR's
Holdemess and Wentworth Baptist Church's Plymouth proposals are entitled to
consideration. Both applicants meet the ten percent threshold. Since NflPR's
aggregate service exceeds Plymouth's aggregate service by more than 5,000
persons, NHPR is entitled to a decisive 307(b) preference.
Because NI-IPR's proposal is clearly superior under the decisive fair
distribution of service criterion, it is incumbent upon the Commission to afford
itself the best choice among the greatest number of applicants, by granting
reconsideration and reinstatement. After all, distribution of service is the "ultimate
touchstone for the FCC."9

Conclusion
The return of the Application was caused by the inadvertent typographical
error of two degrees of west longitude, giving rise to a discrepancy as to the
location of the proposed transmitter site. NHPR established that the discrepancy
may be confidently and reliably resolved under well-established precedent. To that
end, NETPR has timely and properly tendered a minor curative amendment.
Section 73.7002(b).
Faye & Richard Tuck, Inc. 3 FCC Red 5374 (1988), quoting National As.aciation of Broadcast ers
v. FCC, 740 F.2d 1190, 1198 (D.C. dr. 1984),

-

11-

Upon reinstatement, the Commission will find that the NHPR Holderness
proposal is decisively superior on the basis of fair distribution of service, to the
proposals of the applicants with which the Application is mutually exclusive. This
fact furnishes additional support for reinstatement because in so doing, the
Commission will further the all-important statutory objective of Section 307(b) of
the Communications Act of 1934, as amended.
Accordingly, and for the reasons stated, NHPR respectfully requests that the
Commission grant this petition for reconsideration, and reinstate nunc pro tunc the
Application, as amended.
Respectfully submitted,
NEW HAMPSHIRE PUBLIC RADIO, INCORPORATED

By:.
Is Attorney

GARVEY SCHUBERT BARER
1000 Potomac Street,.NW
Fifth Floor, The Flour Mill Building
Washington, DC 20007
jkinggsblaw.com
(202) 965-7880
December 3, 2007

ATTACHMENT 1

Dismissal Letter

FEDERAL. COMMUNICATIONS COMMISSION
445 TWELFTH STREET, SW
WASHINGTON, DC 20554
MEI)IA BUREAU
AUDIO 1)1VISION
TECHNICAL PROCESSING GROUP
APPLICATION STMUS (202) 418-2730
HOME PAGE: w.1c.govftn%/atjlo/

ENGIN.ER: GARY A. LOEFIRS
TELEPHONE: (202) 418-2700
ACStMILE: (202) 418-1410/1411
MAIL STOP: 180053
INTERNET ADDRESS:
Loirfcc,ov

November 8 2007
New Hampshire Public Radio, Incorporated
207 North Main Street
Concord, NH 03301
Re:

NBW(FM); Holdemess, NH
Facility ID No. 174186
New Hampshire Public Radio, Incorporated
BNPED.-20071019ALH

Dear Applicant
This letter refers to the above-captioned application for a new non-commercial eduationa1 FM
facIlity to serve Holderness, NH.
An engineering study of the application reveals that it is in violation of 47 C,F.R. § 73 .509 with
respect to the co-channel Class A. license (BLED-20061 113ACV) for WLJH(FM), Glenn Falls, NY
and the co-hanne1 Class A previously filed application (BPED-20070907ABK) for WLJB(FMTJ,
Glenn Palls NY. Specifically, the proposed protected and interfering contours (60,40 dBu) would
cause and receive prohibited overlap in relation to WLJH'S licensed and proposed protected
contours. This constitutes an acceptance defect,
In light of the above, Application BNPED-20071019ALH is unacceptable for filing pursuant to 47
C.F.R. § 73.3566(a) and is HEREBY DISMISSED. This action is taken pursuant to 47 CY.R.
§ 0.283.

Sincerely,

Rodolfo F. Bonacci
Assistant Chief
Audio Division
Media Bureau

cc: Garvey, Shubert & Barer
- R.M. Smith Associates

AUACI-INENT 2

Declaration of Robert M. Smith, Jr.

R. M SMITH ASSOCIATES

BROADCAST TECHNICAL CONSULTANTS
4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-1438
E-MAIL bobrmsmithcom
DECLARATION. OF ROBERT M. SMITH JR.
RE: NEW HAMPSHIRE PUBLIC RADIO
APPLICATION FOR NEW NCE FM AT IIOLDERNESS, NH
I, Robert M. Smith Jr, of Port St. Lucie, Florida do hereby declare:
I am the proprietor of R.M. Smith Associates, a broadcast technical consulting firm in
Jensen Beach, Florida;
I am an experienced and qualified technical consultant with qualifications a matter of
record with the Federal Communications Commission;
I personally prepared the technical section and exhibits of an application for a New NonCommercial Educational broadcast station for New Hampshire Public Radio ("NHPR")
to serve Holderness, NH, on channel 214A (F.C.C. File Number BNPED20071019ALH);
I discovered an inadvertent typographical error in the technical specifications for the
flicility shortly after the close, on October 19, of the NCB filing window. The error was
in the longitude of the geographical coordinates of the antenna site. In the application
form I specified 73 degrees west while the actuallongitude is 71 degrees west. But for
this typographical error, the NHPR application would have been acceptable for Tender
and would have been mutually exclusive with the following sixapplications filed in the
filing window:
BNPED-2007 1 O22APT

214A Barrington, NH

Emmaus Christian
Healing Ministries

BNPED-20071012AEY

214A Dover, NH

Southwest Radio
Church of the Air, Inc

BNPED-.20071O19AYP

214A Northwood, NH

Granite State
Educational
Fellowship

BNPED-2007 10 12ABA

214A Northwood Ridge, NH

Northeast Gospel
Broadcasting Inc

BNPED-20071017ADV

214A Plymouth, NH

Wcntworth Baptist
Church

BNPED-2007 101 8BBQ

21 5A Newbury, VT

Vermont Public Radio

I prepared a curative amendment (F.C.C. form 340) on October 25, 2007, before the
F.C.C. had taken any action on the application. However, NHPR's legal counsel was
prevented from filing the amendment by the CDBS filing system.
Subsequently the F.C.C. dismissed the application for violation of 47 C.F.R. 73.509,
prohibited overlap with existing NCE facilities. I believe this overlap is solely the result
of the typographical error in the coordinates of the proposed facility;
The fact that the specification of the west longitude as 73 degrees instead of the actual 71
degrees is a typographical error is evidenced by the following:
1.
The Antenna Structure Registration provided in the
application (ASRN 1055700) clearly shows the tower to be located at 71
degrees west longitude.
2.
The proposed facility, if located at 73 degrees west
longitude would not provide service to Holderness, NH. The incorrectly
provided coordinates at 73 degrees west longitude are 161 kilometers (100
miles) west of the intended location at 71 degrees west longitude.
3.
All engineering calculations and exhibits contained in the
application are based upon the intended location at 71 degrees west
longitude.
4.
The proposed facility, at the correct coordinates, has no
prohibited overlap with any NCE FM station existing at the time of the
application filing.
5.
Exhibit 19 of the application demonstrates compliance with
the TV channel 6 interference requirements with respect to WCSH.-TV,
Portland, MB. No such demonstration would have been required at 73
degrees west longitude.
6.
The Engineering Statement supporting the calculation of
first and second NCE service shows overlap of the proposed 60 dBu
contour with the 60 dBu contours of WPCR-FM, Plymouth, NH;
WEVO(FIvl), Concord, NH; and WMEA(FM), Portland, ME. No such
overlaps would occur if NHPR had intended to apply for a facility located
at 73 degrees west longitude.
It is clear from the facts detailed in this Statement, that the specification of the
longitude as 73 degrees west was an inadvertent typographical error. Had the longitude
been specified as- 71 degrees west, as intended, the application would have been
acceptable under all provisions of the applicable Commission Rules and Regulations;

Subsequent to the dismissal of the NHPR application, the Commission accepted for tiling
the application by Wentworth Baptist Church (BNPED-2007 101 7ADY) as a "singleton".
That application misstated it's first and second NCE coverage by failing to note the
coverage provided by WEVO(FM), Concord, NH and WPCR-FM, Plymouth, NE. The
application by Wentworth claimed a first NCE service of 200.73 square kilometers and a
population of 11,759. The actual first NCE coverage provided by the facility proposed in
the application would be 124.58 square kilometers containing a population of 3,396. The
Wentworth application also claimed a second NCE service of 156.37 square kilometers
with a population of2,555, The actual second NCB service area would be 268.15 square
kilometers containing a population of 10,722.
I, Robert M. Smith Jr. do hereby certify that all of the statements made in This Declaration
and all of the data and calculations contained herein are true and correct to the best of my
knowledge and belief.

Robert M. Smith Jr.
November 29, 2007

AUACHMBNT 3

NAD 27 NAD 83 Conversion
-

Output from NADCON for station
North American Datum Conversion
NAD 27 to NAD 83
NADCON Program Version 2.11

Transformation 4f:

Region; Conus

Latitude

Longitude

NAD 27 datum values:

43 45 45.40000

71 39 0.10000

NAD S3 datum values:

43 45 45.66032

71 38 58.37901

NAD 83 - NAD 27 shift values;

0.26032
8.034

Magnitude of total shift:

El

1

-

-l.72099(secs..)
-38.495 (meters)

39 . 325 (meters)

AITACHMENT 4

Applications Mutually ExcIusiv
With NHPR's Holderness Application

BNPED-

Fac. ID

Applicant

Community

Ch / Freq

20071 O12ABA

171934

Northeast Gospel Broadcasting, inc.

Northwood Ridge NH

214/ 90.7

20071012AEY

173270

Southwest Radio Church of the Air

Dover NH

214/ 90.7

20071017ADV

175347

Wentworth Baptist Church

Plymouth NE-I

214190.7

20071 01866Q

175797

Vermont Public Radio

Newbury VT

215/ 90.9

20071019AYP

176220

Granite State Educational Fellowship

Northwood NH

214! 907

20071 O22APT

171841

Ernmaus Christian Healing Ministries

Barrington NH

214/ 90.7

ATTACHMENT 5

Affidavit of No Consideration

DECLARATION
The undersigned does hereby declare and state the following:
I am President of New Hampshire Public Radio, Incorporated ("NHPR").
NHPR applied to the Federal Communications Commission for authority to construct and
operate a new noncommercial educational FM broadcast station to serve Holderness, New
Hampshire.
The application was in technical conflict, that is, was mutually exclusive, with six other
applications for new NCE facilities on the same channel or an adjacent channel, Among these
was the application of Vennont Public Radio ("VPR") for authority to construct and operate a
new noncommercial educational FM broadcast station to serve Newbury, Vermont.
NHPR determined that it was able to modify its Holderness proposal so as to eliminate
mutual exclusivity with the VPR proposal at Newbury. I authorized modification of the
Holdemess proposal to achieve this result.
No consideration has been promised to or received by NHPR, directly or indirectly, in
coimection with the amendment of the Holderness proposal to reflect the aforementioned
modification, either by or from VPR or any other person or entity,
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December______ , 2007.

ft
Elizabeth Gardella, resident

CERTIFICATE OF SERVICE
I, Yvette J: Graves, hereby certify that on this 3rd day of December, 2007, copies of the
foregoing "Petition for Reconsideration And Reinstatement Nunc Pro Tunc" has been served by
first e1as U.S. mail, postage prepaid or by *hand delivery to the following:
Rachelle G. Arcoite
Emmaus Christian Healing Ministries
P.O. Box 85
Rochester NH 03 866-0085
WilliamA. Wittik
Granite State Educational Fellowship
P.O. Box 126
Hartford VT 05047-0126
Lee G. Peiro, Esquire
Fletcher, Heald & Hildreth, PLC
17th Street, 11th Floor
1300 North
Arlington, VA 22209

Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutchings
Southwest Radio Church of the Air, Inc.
P .0. Box 100
BethanyOK 73008
John Crigler, Esquire*
1000 Potomac Street, N.W.
Fifth Floor, Flour Mill Building
Washington, D.C. 20005
Counsel for Vermont Public Radio
David W. Robinson
ARRCOMM Engineering
123 Grace Baptist St.
Newport NC 28570
Contact Representative for Wentworth Baptist Church

9aves

DC_DOCS:671 004d

CDBS Print

Page 1 of 15

Federal Comnnmication.s Commiaalou
Weshington. IIC. 20554

Approved by 0MB FOR FCC USE ONLY
3060.0029 (Fehrauy 2007)

FCC 340
APPLICATION FOR CONSTRUCTION PERMIT
FOR RFSERVED CHANNEL
NONCOMMERCIAL EDUCATIONAL BROADCAST
STATION

FOR COMNOSSIONUSEONLY

Read INSTRUCTIONS Before Filling Out Form
Section I - Genera! Information
1.

Legal Name of the Licensee/Permittee
NEW HAMPSHIRE PUBLIC RADIO, INCORPORATED
Mailing Address
207 NORTH MAiN STREET
City
CONCORD

State or Country (if foreign address)
NH

Telephone Number (include area

E-Mail Address (if available)
ADMIN@NHPR.ORG
________________________________________________________________

code)
6032288910
FCC Registration Number:
=

Zip Code
03301 -

Call Sign

Facility Identifier

NEW

174186

JOHN CRIGLER, ESQ.

Firm or Company Name
GARVEY SCHUBERT BARER

Telephone Number (include area code)
2029657880

E-Mail Address (if available)
JCRIGLER@GSBLAW.COM

2. Contact Representative (if other than licensee/P erxnittee)

-

3. Is this application being filed in response to a window?
If Yes, specify closing date 10/19/2007 and/or window number:
-

es

N0

4 Application Purpose
c Major Modification of construction permit

New station
Major Change in licensed facility

Minor Modification of construction permit

Minor Change in licensed facility

C) Major Amendment to pending application
Minor Amendment to pending application

(a) File number of originai construction
permit:

-

(b) Service Type:

(?. FM C TV C> DTV

(c) Community ofLicense:
City: HOLDERNESS

(d) Facilit' Type

State: NH

Main C> Auxiliary

If an amendment, submt as an Exhibit a listing by Section and Question Number the
portions of the pending application that are being revised.

{Exhibit I)

-

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

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of explanatory exhibits.

SECTION II- Legal and Financial
1

Certification. Applicant certifies that it has answered each question in this

-

2.

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

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 ertifies that it is
a. a nonprofit educationl institution; or

C Yes ' No

b. a governmental entity other than a school; or

0 Yes

c. a nonprofit educationi organization, other than described in a, orb.

No

Yes C' No

3. For applicants checking "Yes" to question 2(c) and applying for a new noncommercial
educationl television station only, the applicant certifies thatthe applicant's officers, directors
and members of its governing board are broadly representative of the educational, cultural,
and civic segmentsof the principal community to be served.
-

C Yes 0 No
N/A

4. a.The applicant certifies that the Commission has previously granted a broadcast application
identified here by file number that foundthis applicant qualified as a noricomthercial
educational entity with a quaiii'ing educational program, and that the applicant will use
the proposed station to advance a program similar to that the Commission has found
quali'ing in applicant's previous application.

YCS0 No
FCC FileNumber
BLED- 198 10&13AA

-

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).

5. The applicant certifies that its governing documents (e.g., articles of incorporation, by-laws,
charter, enabling statute, and/or other pertinent orgdnizational 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.
6.

[Exhibit 2]

Yes 0 No

. 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]

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.

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Attach additional pages if necessary.
(a) Name and
Residence
Address(es)

(b)
Citizenship

PATRICK F.
MCGEE 227
DALLAIRE
STREET,
MANCHESTER,
NH 03 104

US

(c) Positional (d) Director
(e)% of:
Interest
or Member Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commissions
or
(VS) or
equity/debt plus
standard, etc
CHAIR

(f) %of:
of Total
Assets
(equity
plus
I e bt)

5.9

y

0

N0

(a) Name ahd ' (b)
Residence
Citizenship
Address(es)

MARSHALL 0.
ROWE, 92
HOPKINS
GREEN ROAD,
HOPKrNTON,
NH 03229

US

(a) Name and
Residence
Address(es)

(b)
Citizenship

(c) Positional (d) Director
(f) %of:
(e)% ot
Interest:
or Member Ownership(O) or Voting of Tot6l
Officer,
of Governing Stock(VS) or Membership Assets
director,
Board
(M)
(equity
investor/creditor
plus
1 e bt)
attrib u t abl e
Owner- Voting Memberunder the
ship (0) Stock ship (M
Comniission's
(VS) or
or
equity/debt plus
standard, etc
0
TREASURER
=
Yes
-

0No

_____

JOHN T.
HACKETT, P0
BOX 466,
KEENE NH
03431

US

(a) Name and
Residence
Address(es)

(b)
Citizen
ship

(c) Positional (ci) Director
(e% of:
Interest:
or Member Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
_____
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(VS) or
equity/debt plus
standard, etc
BOARD
MEMBER

Yes
N°

-

(c) Positional (d) Director
(e)% of: Interest:
qr Member Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
(M)
Board
investor/creditor

(1) %of:
of Total
Assets
(equity
plus

debt)

0

(f) %of:
of Total
Assets
(equity
plus

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MARY RAUI-I
P0 BOX 2124.
NEW CASTLE
NH 03854
(a) Name and
Residence
Address(es)

DEANNA
HOWA1W 5
PMNE ROAD,
ETNA, NH

US

attributable
under the
Commission's
quity/debt plus
standard, etc
BOARD
MEMBER

Voting .Member
Stock ship(M)
or

5.9

Yes
C• No

(c) Positional (d) Director
(e)% of:
- (b)
CitizenInterest:
or Member Ownership(O) or Voting
ship
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investoricreditot
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
(VS) or
or
equity/debt plus
standard, etc
US

03750

BOARD
MEMBER

____________

%of:
of Total
Assets
(equity
plus
'Iebt)

(

0

t) Yes
No

__________

______

________

______

(I) %of:
(c) Positional - (d) Director
(b)
(e)% of:
Interest:
or Member Ownership(O) or Voting of Total
CitizenOfficer,
of Governing Stock(VS) or Membership Assets
ship
(equity
Board
(M)
director,
plus
investor/creditoi
debt)
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commissions
(VS) or
or
equity/debt plus
standard, etc
0
BOARD
US
ROBERT E.
t) Yes
MEMBER
MACLEOD 7
No
STONE WALL
LANE, RYE,
NH 03870
_____
______ _____
(a) Name and
Residence
Address(es)

(a) Name and
Residence
Address(es)

(b)
Citizenship

JAMES W.
VARNUM, 7
WOODCOCK
LANE, ETMA

US

(e)% of:
(c) Positional (d) Director
Interest:
or Member Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(Vs) or
equity/debt plus
standard, etc

BOARD
MEMBER
-,

Yes
No

(f) %of
of Total
Assets
(equity
plus
debt)

U

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L NH 03750
(a) Name and
Residence
Address(es)

(b)
Citizenship

KATHARINE
ENEGUESS 56
CRESTVIEW
DRIVE,
JAFFREY, NH

US

03452

(a) Name and
Residence
Address(es)

I

!

(c) Positional (d) Director
(e)%of:
or Member Ownership(O) or Voting
Interest:
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
-Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(VS) or
equity/debt plus
standard, etc
BOARD
MEMBER

(f) %of:
of Total
Assets
(equity
plus
debt)

5.9

Yes

0

______

(b)
Citizenship

MARTHA
MACOMBER
CHAPEL LANE
P.O. BOX 1879,
HOLDERNESS
SCHOOL,
PLYMOUTH,
NH 03264

US

(a) Name and
Residence
Address(es)

(b)
Citizenship

ANN MCLANE
KUSTER33 I
GOULD HILL
ROAD,
HOPKINTON,
NH 03229

US

Cc) Positional (d) Director
(e)% of:
Interest:
or Member
Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(VS) or
equity/debt plus
standard, etc
BOARD
MEMBER

r

Yes
N

(f) %of;
of Total
ssets
(equity
plus
lebt)

0

-

_____

(a) Name aF] (b)

(c) Positional (d) Director
(e)% of;
Interest
or Member
Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
amibutable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
(VS) or!
or
equity/debt plus
standard, etc
BOARD
MEMBER

-

C y
-

(f) %of;
of Total
Assets
(equity
plus
debt)

5.9

0

0

_____

!(

(c) Position&1F(d) Director

[

(e)% of:

](f)

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Residence
Address(es)

Citizenship

STEPHEN
RENO 2124
ELM STREET,
MANCHESTER,

US

Interest:
or Member
Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
director,
Board
(M)
investor/creditor
attributable
-- -'------Owner- Voting Memberunder the
ship
(0) Stock ship (M)
Commission's
or
(VS) or
equity/debt plus
standard, etc
VICE CHAIR
°No

NH 03104

_________

(a) Name and
Residence
Address(es)

(b)
Citizenship

BARBARA
COUCH 29
LYME ROAD,
HANOVER, NFl
03755

US

(b)
Citizenship

JANET PRINCE
P.O.BOXI8,
183
PORTSMOUTH
AVE., NEW
CASTLE, NH

US

0

5.9

______

(c) Positional (d) Direct&
(e)% of:
Interest:
or Member Ownership(O) or Voting
of Governing Stock(VS) or Membership
Officer,
Board
(M)
director,
investor/creditor
attributa ble
______________ -_ Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(VS)or
equity/debt plus
standard, etc
MEMBER

Yes
No

(f) O/00f

of Total
Assets
(equity
plus
iebt)

-

-

_____

(a) Name and
Residence
Add ress(es)

_______

Director
(c) Positional
(e)% of:
Interest:
or Member Ownership(O) or Voting
of Governing Stock(VS) or Membership
Officer,
Board
(M)
director,
investor/creditor
attributable
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
(VS) or
or
equity/debt plus
standard, etc
SECRETARY

t

5.9

0

______

(f %of:
of Total
Assets
(equity
plus
lebt)

0

No

03854

(a) Name and
Residence
Address(es)

I

of Total
Assets
(equity
plus
debt)

_____

(b)
Citizenship

(c) Positional
Interest:
Officer,

director,
investor/creditor
attributable
under the

______

(d) Director
(e)% of:
or Member Ownership(O) or Voting
of Governing Stock(VS) or Membership
Board
(M)

(1) %of:
of Total
Assets
(equity
plus
debt)

Owner- Voting Membership (O) Stock ship (M)

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_____________

Page 7 of 15

______

MICHAEL
REDMOND
P.O. BOX 343,
24
MATCHPOTNT
ROAD,
JAFFREY, NH
03452

US

(a) Name and
Residence
Address(es)

(b)
Citizenship

JOHN F.
SWOPE lot
SCHOOL
STREET,
CONCORD, NH
03301-3820
(a) Name and
Residence
Address(es)

US

Commissiorfs
equity/debt plus
standard, etc
MEMBER

I (VS) or

or

5.9

y

c) Positional (d) Director
(e% of: Interest:
or Member Ownership(O) or Voting
Officer,
of Governing Stock(VS) or Membership
(M)
director,
Board
investor/creditor
.-.
attributable
______
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Commission's
or
(VS) or
equity/debt plus
standard, etc
MEMBER

0

%of:
of Total
Assets
(equity
plus

debt)

C

Yes
No

______

(b)
Citizen
ship

ELIZABETH
GARDELLA,
207 NORTh
MAIN STREET,
CONCORD NH
03301

US

(e)% of:
(c)Positional (d) Director
or Member Ownership(O) or Voting
Interest:
Officer,
of Governing Stock(VS) or Membership
Board
(M)
director,
investor/creditor
att r ibu table
Owner- Voting Memberunder the
ship (0) Stock ship (M)
Comrnissions
or
(VS) or
equityfdebt plus
standard, etc
PRESIDENT

(a) Name and
(b)
Residence Address Citizen(es)
ship
-

______________

t

c

5.9

0

0

(t) %of:
of Total
Assets
(equity
plus
debt)

0

No

(c)Positional (d) Director
(f)%
(e)% of:
Interest:
or Member Ownership(O) or Voting of:
Officer,
of
Stock(VS) or Membership of
director,
Governing
(M)
Total
investor/creditor
Board
Assets
equit)
attributable
Owner- Voting Member- plus
under the
ship (0) Stock ship (M) debt)
Commission's
(VS) or
or
equity/debt plus
standard, etc
___________

-

I

I

II

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JACQUELYNEK. 1 US
WEATF1ERSPOON,H
1 (YNEIL COURT, j
EXETER NH 03833

Page 8of15

MEMBER

I

Yes

b. Applicant certifies that equity and financial interests not set forth above are non-attributable
pursuant to 47 C.F.R. Section 733555 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.
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.
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;
b.

Yes
No
[Exhibit 3]

N/A
[Exhibit 4]
v's 0 No
See Explanation in
[Exhibit 5]

any pending broadcast application in which character issues have been raised.

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.

Yes 0No
See Explanation in
[Exhibit 6]

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 oras 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 tile 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.
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
[Exhibit7j

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 serv ice area.

Yes

12. Local Public Notice. Applicant certifies compliance with the public notice requirements of
47 C.F.R. Section 73 .3 580.

Yes 0 No

No

13 . Anti-Drug Abuse Act Certification. Applicant certifies that nvither applicant nor any party
to the application is subject to denial of federal benefits pursuant to Section 5301 of the AntiDrug Abuse Actof 1988, 21 U.S.C. Section 862.

c

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.
-

0 Yes 0 No
N/A

Yes 0 No

QUESTIONS 15,16 AND 17 APPLY ONLY TO APPLICANTS FOR NEW STATIONS. OTHER APPLICANTS
CAN PROCEED TO QUESTION 18.
15.1 Financial. The applicant certifies that sufficient het liquid assets are on hand or that

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sufficient funds are available from comniitted sources to construct and operate the requested
facilities for three months without revenue,
If 'No' to 15., answer question 16, and 17.
16. Is this application contingent upon receipt of a grant from the National Telecommunications
and Information Administration?
-

y

No

See Explanation in
[Exhibit 8]
C. y

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 appropratioo from a state, county,
municipality or other political subdivision?
-

No

Yes

No

NOTE: If Yea to 16. or 17,, the application cannot be granted unconditioral1y until all of the necessary funds are committed
or appropriated. In the case of grants from the National Telecommuniations 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 "toIled' 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 IS AND 19 DO NOT APPLY TO APPLICATIONS FOR NEW STATIONS. APPLICANTS FOR
NEW FM STATIONS CAN PROCEED TO SECTION In. APPLICANTS FOR N1iW TV STATIONS CAN
PROCEED TO SECTION IV.
Holding Period.
IS. Applicant certifies that this application does not propose a modification to an authorization
C) Yes
No
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. orb. below, the application is unacceptable.
a. Applicant certifies that the proposed modification will not downgrade service to the area
on which the Section 307(b) preference was based.
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.
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.
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.

0 Yes

No

0 Yes

No

C Yes 0 No

0 Yes
No
[Exhibit 9]

Setlon 111
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).
I .Applicant certifies that the proposed station will provide a first noncommercial educational aural
ilservice to (a) at least 10 percent of the people residing within the station's 60 dBu (lmV/m) service
ontour and (b) to a minimum of 2,000 people. Applicants answering 'Yes" must provide an Exhibit.

€1 Yes °No

)Applieant certifies that the proposed station will provide a second noncommercial educational aural
Iservice to (a) at least 10 percent of the people residing within the station's 60 dBu (lmV/m) service
Jcontour and (b) to a minimum of 2,000 people. Applicants answering 'Yes' must provide an Exhibit.

C' No

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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. IEstablished Local AppJ1cant Applicant certifies that for at least the 24 months immediately prior
jto application, and continuing through the present, it qualifies as a local applicant pursuant to 47
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
= j public inspection file and has submitted to the Commission copies of the documentation.
2. )iversity of Ownership: (a) Applicant certifies that the principal community (city grade) contour
if the proposed station does not overlap the principal community boatour 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
iversily be maintained, arid that it has placed documentation of its diversity qualification in a
ocal public inspection file and has submitted to the Commission copies of the documentation.
b) Is the application's certification to 2(a) based on its exclusion of translator station(s) that will
e 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
'twill 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 authorit).
State-wide Network; Applicant certifies that (a) it has NOT claimed a credit for diversity of
wnership above: (b) it is one of the three specific types of organizations described in 47 C.F.R.
lection 73 .7003(b)(3); and (c) it has placed documentation of its qualifications in a local public
ipection file and has submitted to the Commission copies of the documentation.
[echntcal Parameters: Applicant certifies that the numbers in the boxes below accurately reflect
he new area and population that its proposal would serve with adO dBu (FM) or Grade B (TV)
:ignal measured in accordance with the standard predicted contours in 47 C.F.R. Section 73.713(c)
FM) and 73.683(11!) 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
ervice area). (Points, if any, will be determined by FCC)
ew 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
ensus using the centroid method:
.

0 Yes

No

--

Yes 0 No

Yes 0 No
[Exhibit 12]

________________

0 Yes

No

) Yes

No

________________
'

918
28344

ECTION V - Tie Breakers - New and Major Change Applications Only (Used to choose among competing radio and
elevisionpplications receiving the same number of points in Section IV)
1. ixisting Authorizations. By placing a number in the box, the applicant certifies that it and other parties to the
ipplication have, as of the date of filing and pursuant to 47 C.F.R, Section 73.3555, attributable interests in the stated
Lumber of relevant broadcast station authorizations. Radio applicants should count all attributable full service radio
tations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those
dentified in IV (2Xb) 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.
- 11 (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
ave, 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
han fill-in stations or those identified in IV(2)(b) above. TV applicants should count all attributable full service TV
itations, commercial and noncommercial, and TV translator stations other than fill-in stations or those identified in IV(2)
b) above.
6 (number of pending commercial and non-commercial applications)
--

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CDBS Print

LUI.t TI

Page 11 of 1,5

LLWLUJIL

certllj that the statements in this application are tree, complete, and correct to the best of my knowledge and belief; and
re made in good faith. I acknowledge that all certificatIons and attached Exhibits are considered material representations.!
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
pplication. (See Section 304 of the Communications Act of 1934, as amended.)
vned or Printed Name of Person Signing yped or Printed Title of Person Signing

Section VU Preparer's Certification
I certil' that I have prepared Section VII (Engineering IData) on behalf of the applicant, and that after such preparation, I have
xamined and found it to be accurate and true to the best of roy knowledge and belief.
Relationship to Applicant (e.g., Consulting Engineer)
Tame
ROBERTM. SMITH JR.
[ITECHNICAL CONSULTANT

SMITh ASSOCIAThS
NW FEDERAL HIGHWAY #1
Istate or Country (if foreign address)
IFL
- }E-MaiI Address (if available)

ity
JENSEN I3BACH
Felephone Number (include area code)

Zip Code
34957-

WILLFUL FALSESIATEMENTS ON ThIS FORM ARE PUNISitABLE BY FINE AND/OR IMPIUSONMENT(U.S. CODR TITLE I5,SECFION 1001),
AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCFION PERMIT (U.S. CODE, TiTLE 41, SECTION 312()(I)), AND/OR FORFEITURE
(U.S. CODE, TITLE 47, SECTION 503),

Section VU - FM Englneerhg
TECENICAL 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. ChanneLNumber:214
2 Class (select one):

0DA0Bi OBCC3C)C2)CLC'C0C
3. Antenna Location Coordinates (NAD 27)
Latitude:
North YC' South
Degrees 43 Minutes 45 Seconds 45.4
Longitude:
Degrees 71 Minutes 39 Seconds 0.1

-

West

C' East

4. Proposed Assignment Coordinates: (NAD 27) - RESERVED CHANNELS ABOVE 220 ONLY
Latitude:
Degrees Minutes Seconds C' North 0 South
ongitude:
Degrees Minutes Seconds

0 West

Not Applicable

0 East

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uflcall'ai-ameters: Applicant certitles that the numbers in the boxes below accurately reflect the
area and population that its proposal would serve with a 60 dBu (FM) or Grade B (TV) signal
aired in accordance with the standard pcedicted contours in 47 C.F.R. Section 73.713(o) (FM) and
83(TV) and that it has documented the basis fbr Its calculations in the local public inspection file
has ubmittcd copies to the Commission. Major modification applicants should include the area of
iosed increase only (exclude any area already within the station's existing service area). (Points, if

y TNo

017

on the most recent census block data from the United States Bureau of Census

V - Tie Breakers - New and Major Change Applications Only (used to choose among competing radio and

1.

Ltlng Authorizations. By placing a number in the box, the applicant certilles that it and other parties to the application
LaVa, as of the dote offiling and pursuant to 47 C.P.It. Section 73.3555; attrlbtdable interests in the stated number of relevant
iroadcast station authorizations. Radio applicants should count all attributable full service radio stations, AM and FM,
nrnmercial and noncommercial, and PM translator stations other than fill-in tetions or those identified in IV (2)(b) bo've. TV
Lpplicants should count all attributable full service TV stations, commercial and notièommerclal and TV translator stations
ither than fill-in stations or those identified in IV(2Xb) above.
iljnumbcrofcommercial and non-commercial licenses and construction permits)
endhig Applications. By placing a number hi the box, the applicant certifies that it and other parties to the application have,
ts ofthe date of filing and pursuant to 47 C.F.R. Section 73.3555 attributable interests In the stated number ofpcnding
ippliotttions 1r new or major changes to rclcvazit broadcast stationt. Radio applicants should count all attributable thU service
'silo stations, AM and FM, commercial and noncommerciaF, and FM translator stations other than fill-in stations or those
dentified in IV(2)(b) above. TV applicants should count all attributable fijfl service TV stations, commercial and
ioncommcreial, and TV translator stations other than fill-in stations or those identified in IV(2Xb) above.
S (number ofoendina commercial and non-commercial anulications)

Section VI - Certification
cedif,' that the statanàtts in thi application arc true, complete, and correct to thet of my knowledge and belief; and are made
in good faith. I acknowledge that. all certifications and attached Exhibits arc considered material representations. £ hereby waive
ny claim tb the use of any particular tcquenoy as against the regulatory power 0f the United States because ofthe previous use of
h same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 ofthc
,mntunIcations Act of 1934. as amended.)
' or
or Printed Name of Person Signing

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 Ibund it to be accurate and true to the best of my knowledge and belief.

'ame
tOBEEtT M. SMITH JR.

- flitelationahip to Applicant (e.g., Consulting Engineer)
1I'ECRNICAL CONSULTANT
1''2f2/2007

vfaillog Address
t,M. SMITh ASSQCIATES
27 NW FEDERAL HIGHWAY #120
city
JENSEN BEACH
(iiclud area code)

IStato or Country (if foreign address)
JL
-MaIl Address (if tvaiIable

r'p Code
134951-TelphonNumbr

WII,.LFtJL FALSE STATEMENTS (RI ThIS FONM ARE PuNISakE Lii ISY FINE AND/OR IMPFISONMEHT (U.S. CODE, TITLE Ii. SECTION 1001). AND/OR
REVocXr(o14 cia ANY STATION LICENse OR CONSTRuCTION FERMIT (U.S. cooii, TIItE 47, SECTION 1I2(a}(1)), AND/OR FORFEITURE (U.S. CODE,
Tl1,E 47, SECTION 503).

CDBS Print

Page 11 of 15

certit,' that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and
re made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I
ereby 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.)
yped or Printed Name of Person Signing
Fyped or Printed Title of Person Signing

2/3/2007
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

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISEAIILFI DY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001),
AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE. TIThE 47, SECTION 312(aXI)). AND/ORFORFEIT(J1IE
(U.S. CODE. TITLE 47, SECTION 503).

Section VIE-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
LlChannelNumber:2l4
2. Class (select one):
CDACB1 BC3CC2C1CC0C
3.

-

Antenna Location Coordinates: (NAD 27)
Latitude:
Degrees 43 Minutes 45 Seconds 45.4
North
Longitude:
Degrees 71 Minutes 39 Seconds 0.1

' West

South

0 East

4. Proposed Assignment Coordinates: (NAB 27) - RESERVED CHANNELS ABOVE 220 ONLY
Latitude:
South
DegreesMinutes Seconds
North

-

Longitude:
Degrees Minutes Seconds

West

Not Applicable

C East

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5. Antenna Structure Registration Number: 1055700
0 Not Applicable 0 Notification filed with FAA
6. Overall Tower Height Above Ground Level:

98.5 meters

7.

Height of Radiation Center Above Mean Sea Level:

ineters(H) 347 meters(V)

8.

Height of Radiation Center Above Ground Level:

meters(I-1) 30 nieters(V)

).

Height of Radiation Center Above Average Terrain:

metersH) 53 meters(V)

10. Effective Radiated Power:
11. Maximum Effective Radiated Power:
(Beam-Tilt Antenna ONLY)
12.
Directional Antenna Relative Field Values:
Rotation (Degrees):

.
Not Applicable

kW(H)

1.8 kW(V)

kW(H)

kW(V)

Not applicable (Nondirectional)
No Rotation

I

Degre$Va[ue Degrees Value Degrees }Value IDegrees Value JDegreesl Value I De&esI va1ue
1
Ii
40
0
1 0.63 1 20
1 10.501 ( 10
0.7941 30
60
J [1 1 70
1
1.1 110
I 80
1 100
(i
1
150
l60 - 1
170
ii
i1[i 1 130 I I 1140
1
180
210
1
230
Iti (l9j 1 1200
1220
Ii
Ii
240 i ii
0.794 1270
1250
11 - I260
10.63 1280 0.501 1290 10.501
oo 11Pi31o
(0.794 b20
10.63 l330
10.501 1340 10.398 (350
Additional
Azimuths

1

19°

Ii
I'

(o

Ii

--

Jo.398

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 12-15.
13. Main Studio Location. The proposed main studio location complies with 47 C.F.R. Section
C) Yes
73.1125.

No

See Explanation in
[Exhibit 13}
14. Coinmunity Coverage. The proposed facility complies with 47 CF.R. Section 73.315.
(Channels 221 and above) or 47 C.F.R. Section 73.515 (Channels 220 and below).
15.

Interference. The proposed facility complies with all of the following applicable rule
sections.
Check all that apply:
ontour Overlap Requirements.
aJ 47 C.F.R. Section 73 .509
Exhibit Required.
Spacing Requirem eats.
47 CF.R. Section 73 .207 with respect to station(s)
randfathered Short-Spaced,
47 C.F.R. Section 73.213(a) with respect to station(s)
Exhibit Required.
Contour Protection.

Yes 0 No
See Explanation in
[Exhibit 141
Yes 0 No
See Explanation in
[Exhibit 15]

[Exhibit 161

[Exhibit 171

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J

47 C.F.R. Section 73.215(a) with respect to station(s
Exhibit Required.
celevlslon Channel 6 Protection,
:, 47 C.F.R. Section 73.525 with respect to station(s)
Exhibit Required.

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.
17. International ford era. The proposed antenna location is not within 320 kilometers of the
ommon border between the United States and Canada or Mexico.
lf"No," specify the country and provide an exhibit of compliance with all provisions ofthe
relevant International Agreement.
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 oFthe RP worksheets in Worksheet #7, an
Exhibit is required.

Page 13 of 15

[Exhibit 18]

[Exhibit 191

C) Yes C No
See Explanation in
[Exhibit 20]
Yes
No
'Canada
C Mexico
[Exhibit 21]
c' Yes

No

See Explanation in
[Ex i it

]

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.
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 3 07(b) of the
Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).

0 Yes 0
N/A
[Exhibit 23]

An exhibit is required unless this question is not applicable.
PREPARER'S CERTIFICATION ON PAGE 8 MUST BE COMPLETED AND SIGNED.

Exhibits
Exhibit 1
Description: 1ATURE AND PURPOSE OF AMENDMENT
THIS AMENDED APPLICATION FOR NEW NCE FM FACILITIES TO SERVE HOLDERNESS, NEW HAMPSHIRE,
MAKES THE FOLLOWING CHANGES IN THE APPLICATION AS ORIGINALLY FILED:
SECTION II, ITEM 6: CHANGES IN THE BOARD OF TRUSTEES AS OF NOVEMBER 1, 2007, ARE REPORTED.
SECTION [II, ITEMS I AND 2, EXHIBITS 10 AND 11: REVISED STATEMENTS REGARDING FAIR DISTRIBUTION
OF SERVICE ARE PROVIDED.
SECTION Vu-FM, ITEM 3: A TYPOGRAPHICAL ERROR IN DEGREES OF WEST LONGITUDE IS CORRECTED.
SECTION Vu-FM, ITEM 12: REVISED DIRECTIONAL ANTENNA VALUES ARE PROVIDED.

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SECTION Vu-FM, ITEM 15A, EXHIBIT 16: REVISED CONTOUR PROTECTION STUDY IS PROVIDED.
SECTION VET-FM, ITEM 15E, EXHIBIT 19: REVISED TELEVISION CHANNEL 6 PROTECTION STUDY IS
PROVIDED.
SECTION Vu-FM, ITEM 17, EXHIBIT 21: INTERNATIONAL BORDERS STUDY IS PROVIDED.
Attachment 1

ExhibIt 10
Description: FAIR DISTRIBUTION OF SERVICE
DETAILS ON THE CALCULATION OF AREA AND POPULATION TO BE PROVIDED FIRST AND SECOND NCE
SERVICE ARE CONTAiNED IN THE ATTACHED ENGINEERING STATEMENT.
Attachment 10

Description
chibit JO - EnndngStme.ntupporting 1st and 2nd NCE Service

Exhibit 11
Description; SECOND SERVICE
SEE EXHIBIT 10.
Attachment 11
Exhibit 12
Description: DIVERSITY OF OWNERSHIP
IN THE EVENT THE APPLICANTS PROPOSED FACILITIES ARE AUTHORIZED AND CONSTRUCTED, THE
APPLICANT SHALL DIVEST PRIOR TO THE COMMENCEMENT OF OPERATION WiTH THE NEW FACILT1ES,
THE LICENSE FOR ITS EXISTING FM TRANSLATOR STATION W247A0 AT PLYMOUTH, NEW HAMPSHIRE.
ATTACHED IS A COPY OF THE CERTIFICATE OF THE SECRETARY OF NEW HAMPSHIRE PUBLIC RADIO,
INCORPORATED, ATTESTING TO THE AMENDMENT OF THE APPLICANT'S BY-LAWS TO PROVIDE FOR
DIVERSIFICATION QUALIFICATIONS OF THE APPLICANT AND ITS TRUSTEES.
Attachment 12

Mtachmentl3
Description

I
Reguest for Main Studio Waiver

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Exhibit 15
Description: EXHIBIT 15- INTERFERENCE
THE PROPOSED OPERATION IS FULLY SPACED PER THE REQUIREMENITS OF 73.207 TO ALL FACILITIES,
APPLICATIONS AND VACANT ALLOTMENTS ON CHANNELS 267 AND 268. DETAILS ON THE PROTECTION
OF STATIONS ON CHANNELS 211 THROUGH 217 ARE CONTAINED TN EXHIBIT 16.
Attnehment 15

Exhibit 16
Description: EXHIBIT 16- CONTOUR OVERLAP
DETAILS ON THE PROTECTION OF STATIONS ON CHANNELS 211 THROUGH 217 ARE CONTAINED IN THE
ATTACHMENT.
ttacbment if,

Description
Exhhibit 16 - Contour Protection Study
Exhibit 19
Description EXHIBIT 19- TV6 PROTECTION
DETAILS ON THE PROTECTION OF TELEVISION CHANNEL 6 FACILITIES ARE CONTAINED IN THE
ATTACHMENT.
Attachment 19

Description
IEXEmIT 19- P16 PROTECTION
Exhibit 21
Description: EXHIBIT 21- CANADIAN PROTECTION
DETAILS ON THE PROTECTION OP CANADIAN FACILITiES ARE CONTAINED IN THE ATTACHMENT.
Attachment 21

Description
IEXHIBIT 21- CANADIiW PROTECTION
ExhIbit 22
Description: EXHIBIT 22 -NIR PROTECTION
DETAILS ON THE RF FIELD DENSITY STUDY ARE CONTAINED IN THE ATTACHMENT.
Attachment 22

I

Description
[EXHIBIT 22- RF FIELD DENSITY STUDY

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12/3/2007

New Hampshire Public Radio, Incorporated
Form. 340
Facility ID No. 174186
NBW(FM), Holderness Nil
ATTACHMENT 4-- OTHER AUTHORIZATIONS

Exhibit 4

New Hampshire Public Radio, Incorporated, is the licensee of the following
full-service non-commercial FM stations:

Call Letters
WEVO
WEVH
WEVN
WEVC
WEVJ
WEVS

Facility ID Number
48438
48439
48440
24235
84239
84847
-

Location (City/State)
Concord, NH
Hanover, NH
Keene, NH
Gorham, NH
Jackson, NH
Nashua, NH

Class of Service
FM
FM
FM
FM
FM
FM

New Hampshire Public Radio, Incorporated, is the licensee or permittee of the following
•
non-commercial FM translators:

Call Letters
W212AF
W2I7BH
W247A0
W280D0
W282AB
W29OBK

DC_DOCS:669290.1

Facility ID Number
24802
121808
140565
140553
48441
140577

•

I

Class of Service
FX
FX
FX
FX
FX
FX

New Hampshire Public Radio, Incorporated
Fomi34O
Facility ID No, 174186
NEW(FM), Holdemess NH
ATTACHMENT 10 FAIR DISTRIBUTION OF SERVICE

R. M. SMITH ASSOCIATES
BROADCAST TECHNICAL CONSULTANTS
4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-1438
E-MAIL hobmimith.com

ENGINEERJ1G STATEMENT ON EXESTING NCE SERVICES
AMENDMENT TO APPLICATION FOR NEW NCE IM
214A - HOLDENESS, NH
A computerized search of the F.C.C. CDBS was conducted to determine
which, if any, existing NCE Class A, Bi, B, C3, C2, Cl, CO or C FM stations provide 60
dBu F(50,50) service to the proposed service area. THE CDBS was also searched for
AM NCE stations providing 3.0 mV/rn service to the area. Pertinent contours were
plotted on the attached Figure 1.
As shown, on the plot, the proposed operation will provide 60 dBu F(50,50)
service to an area of 917.8 square kilometers containing a population of 28,344 (2000 US
Census). Portions of the service area are within the 60 dBu contours of WPCR(FM),
WMEA(FM) and WEVO(FM). The overlap of these contours creates six distinct areas as
shown on Figure 1.
AREA NO.

AREADEF[NITION

1

Proposed Area less area inside WPCR and WMEA

2

Proposed Area within WPCR and WMEA

3

Proposed Area within WMEA but outside WPCR and WEVO

4

Proposed Area within WEVO but outside WMEA

5

Proposed Area within WEVO and 'WMEA

6

Proposed Area outside all other contours

AREA NO.
1

AREA (Sq. Km)
135.9

POPULiTION
8,251

2

7.54

150

3

369.91

10,143

4

113.03

2,697

5

75.9

2,313

Area 6 is the area served only by the proposed operation and covers 215.5 square
kilometers with a population of 4,790.
Subtracting area '2' (served by WMEA and WPCR) and area '5' (served by
WEVO and WMEA) and area '6' (first-service area) from the total service area and
population of 917.8 square kilometers and 28,344 people results in the proposed
operation providing second NCE service to an area of 61 8,86 square kilometers
containing a population of 2 1,091.

I, Robert M. Smith Jr., do hereby certify that all of the data, calculations and
results contained in this Statement are true and correct to the best of my knowledge and
belief.

Robert M. Smith Jr.

R.M, SMITH ASSOCIATES

NCE SERVICE STUDY

JENSENBEACII, FL

NEW(FM) 214A HOLDERNESS, (AMENDMENT)
-

-

I .;

.72-30

I - 71-30

-

1-07

7060
GDR

50
40

j

cMoFM

30

Atesqkm
Population = 8,251

44.07

WPCR-FM
9çJBuF(50.50)

20
10

Area 3 = 369.91 sq km
Population= 10,143

-

Area6=2i5.5sqkm
L_PoPulation=4.700

0-

______

A/"

3-30

CU

40

I

WF

/

WvVR

t

PR

Area5'75.9sqkm
PopulationZSl3

I

l Rvr.c0

20

EA

Area4=113.O3sqkm
Popation2,697

VH

in.

30

Area2=7.54sqkm
PopulaLionlSO

/

_____________

WEVO(F
60 dBu F(50,5O)

____ ______

-

__

__

07n4od

")
WSCS._

+WSEW

±WWPC

H

cu
-

50

¶10

GO

+fl,

r

-

__

WN C- FM

10
-

km

-

______

*rn,ok

oyFp0
______________

80

State Borders

80

'I&,jlhEi

______________

40

20

0

20

40

60

80

Lat(Lon Grid

Map Scale: 1:1000000 1 cm = 10.00 km VIH Size: 149.10 x 172.29 km

ENGINEERING STATEMENT FIGURE 1

New Hampshire Public Radio, Incorporated
Form 340
Facility 1DNo. 174186
NEW(FM), Holdemess NH
ATTACHMENT 12

--

GOVERNING DOCUMENTS

NEW EIAMPSHIRE PUBLIC RADIO, INCORPORATED
SECRETARY'S CERTIFICATE

The undersigned, Priscilla E. KimbalL as Secretary of New Hampshire Public Radio,
Incorporated (the "Corporation"), hereby certifies that on Ootoberl7, 2007, upon notice to all
members of the Board of Trustees, a special telephonic meeting was called to order. A quorum
to conduct business pursuant to the ylaws having been noted, the Board addressed the attached
Resolution as previously distributed. The Board passed the Resolution by voice vote,
IN WITNESS WHEREOF, the undersigned has hereunto set berhand and the seal of the
Corporation as of the 17dt day of October 2007.

Priscilla E. Kimball
Secretary

RESOLUTION OF BOARD OF TRUSTEES AMENDING
THE BYLAWS
OF
NEW HAMPSHIRE PUBLIC RADIO, INCORPORATED
WREREAS, New Hampshire Public Radio, Incorporated (the "Corporation"), in
furtherance of its educational and cultural purposes, wishes to file applications for permits to
construct new noncommercial educational FM radio stations, hereinafter the 'Proposed
Stations," to serve Laconia, Peterborough, Colebrook, Claremont, Littleton, and Holderness,
New Hampshire hereinafter referred to as the "Communities"; and
WHEREAS, in the event that competing applications are received, the Federal
Communications Commission ("FCC") favors applicants That provide, and that will commit to
provide, "local diversity of ownership" pursuant to the attached portions of Sections 73.7000,
Section 73.7003(b)(2) and Section 73.7005 of the FCC's Rules; and
WHEREAS, the Corporation shall provide "local diversity of ownership" with respect to
the applications for the Proposed Stations; and
WHEREAS, neither the Corporation nor any member of its Board of Trustees has any
attributable interest in any radio station, or authorized construction permit for a radio station,
whose principal community contour overlaps the principal community contour of any of the
Proposed Stations; and
WHEREAS, the trustees of the Corporation seek to amend the Bylaws of the
Corporation to preserve its qualifications to provide local diversity of ownership for the
applicable holding period in the FCC's Rules.
NOW TRERFORE, BE IT RESOLVED, that Article II of the Bylaws of the
Corporation is hereby amended to add the following new Section 5:
Section 5. Diversification Qualifications
Neither the Corporation nor any Trustee shall hold any attributable interest in any radio
broadcast station, or authorized construction permit for a radio station, if the principal
community contour of that station would overlap the principal community contour of any
new noncommercial FM station for which the Corporation shall apply.

FCC Rules Referenced in Reso1utons and Bylaw Amendments

§73.7000 Definition of terms (as used In Subpart K only).
Attributable interest. An interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards
that would be cogoizabie under the standards in the notes to §73.3555. Also an interest of an entity providing more than 33 percent
of an applicant's equity and/or debt that also either (1) supplIes more than 15% of the station's weekly programming, or (2) has an
attributable interest pursuant to §73.3555 In media in the same market.
Established local applicant. An applicant that has, for at least the two years (24 months) immediately preceding application, met
the definition of local applicant.
Local applicant. An applIcant physically headquartered, having a campus, or havIng 75% of board members residing within 2S
miles of the reference coordinates for the community to be served, or a governmental entity within its area of jurisdiction.
On-air operations. Broadcast of program material to the public pursuant to Commission authority, generally benning with
program test authority, for periods of time that meet any required minimum operating schedule, e.g. §73.561(a).
§73.7003 Pohit system selection procedures. ci
(b) Based on information provided in each application, each applicant will be awarded a predetermined number of points under the oiteria
listed:
(1) EstablIshed local applicant. Three points for local applicants as defined In §73.7000 who have been local continuously fOr
no fewer than the two years (24 months) immediately prior to application, if the applicant's own governing documents (e.g bylaws, constItution, or their equivalent) require that such localism be maintained.
(2) Local diversity of ownership. Two points for applicants with no attubutabie interests as defined in §73,7000, in any other
-broadcast station or authorized construction permit (comparing radio to radio and television to television) whose principal
community (city grade) contour overlaps that of the proposed station, If the applicants own governing documents (e.g. by-laws,
constitution, ci- their equivalent) require that such diversity be maintained. The principal community (city grade) contour is the S
mV/rn for AM stations, the 3.16 mV/rn for FM stations calculated in accordance wIth §73.313(c), and the contour identified in
§73.685(a) for TV. Radio applicants will count commercial and noncommercial AM, RI, and FM translator stations other than flu-in
stations. Television applicants will count UHF, VHF, and dass A stations.
§73.7005 Holding period.
(a) fs ignments/transfers. I4CE stations awarded by use of the point system in §73,7003 shall be subject to a holding period. From the
grant of the construction permit and continuing until the facility has achieved four years of on-air operations, an applicant proposing to
assign or transfer the construction permit/license to another party will be required to demonstrate the following two factors: that the
proposed buyer would quafy for the same number of or greater points as the assignor or transferor originally received; and that
-consideration received and/or promised does not exceed the assignor's or transferor's legitimate and prudent expenses. For pusposes of this
saon, iegiffinate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing
the station (e.g. expenses in preparing an application, In obtaining and installing broadcast equipment to be assigned or transferred, etc.).
costs incurred In operating the station are not recoverable (e.g. rent, salaries, utilities, music licensing fees, etc.). Any successive applicants
proposing to assign or transfer the construction permit/license prior to the end of the aforementioned holding period will be required to
make the same demonstrations.
(b) Technical. In accordance with the provisions of §73.7002, an NCE applicant receiving a decisive preference for fair distribution of service
Is required to construct and operate technical facilities substantially as proposed, and can not downgrade service to the area on which the
preference is based for a period of four years of on-air operations.
(c) The holding period In this section does not apply to construction permits that are awarded on a non-comparative basis, such as those
awarded to non-mutually exduslve applicants or through setdenient,

New Hampshire Public Radio, Incorporated
Form 340
Facility ID No, 174186
NEW(FM), Holderness NH
ATTACHMENT 13

--

REQUEST FOR MAIN STUDIO WAIVER

MAIN STUDIO WAiVER REQUEST
The applicant seeks a waiver of 47 CFR §73.1125(a), which requires that a station's main studio
be located within its principal community contour. As contemplated in 47 CFR §73.1 125(d)(2),
the applicant believes that there is good cause to locate the station's main studio outside of the
principal community contour and that such operation is consistent with the public interest.
The main studio for the proposed station is to be co-located with the main studios of WEVO,
Concord, New Hampshire. located at 207 North Main Street, Concord, NH 03301. WEVO is
licensed to the applicant. New Hampshire Public Radio ("NHPR"), a not-for-profit educational
corporation organized under the laws of the State of New Hampshire. NHPR is committed to
providing high quality educational programming to all of the citizens of the proposed community
of license for the new station, even though economic realities preclude the provision of a fill
schedule of programming tailored to the community.
NHPR will determine the needs of the proposed community of license by a variety of methods
and will respond to them in its programming.
Specifically, NHPR will:
•

Establish a toll free telephone number and e-mail address to permit the public to reach the
studios of WEVO without charge;

•

Maintain a Public Inspection File for the proposed station at the WEVO main studios, and
upon request, provide photocopies of documents in the file, by mail, to persons within the
service area of the proposed station;

•

Conduct ascertainments of community needs in the proposed community of license; and

•

Subscribe to local newspapers and publications in order to cover local news and cultural
events.

Co-locating the studio for the proposed station with the WEVO main studio will enable NHPR to
provide high quality non-commercial public affairs and educational programming to a
significantly expanded and unserved audience. The Commission has previously "recognized the
benefits of centralized operations for non-commercial educational stations, given the limited
funding available to these stations, and [has] granted waivers to . . ,regional public television and
radio networks..." Amendment of Sections 73.1125 and 73.1130, 3 FCC Red. 5024, 5027 (1988).
Therefore, the applicant believes that this request for a waiver of 47 CFR §73.1 125(a)(1) is in the
public's best interest, convenience, and necessity and respectfully requests that it be granted.

New Hampshire Public Radio, Incorporated
Form 340
Facility ID No. 174186
1EW(FM), Holderness NH
ATTACHMENT 16

--

CONTOUR PROTECTION STUDY

R. Ni. SMITH ASSOCIATES
BROADCAST TECHNICAL CONSULTANTS

4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 3354438
E-MAIL bob(5rmsmith.com

EXHIBIT 16-INTERFERENCE ANALYSIS
AMENDMENT TO APPLICATION FOR NEW NCE FM
214A - HOLDERNESS, Nil
A computerized search of the F.C.C. CDBS was conducted to determine which, if
any, existing stations or applications required a detailed interference analysis.
The following facilities were found to warrant a detailed study:
CO-CHANNEL
V/EVN

214B1

Keene, NH

Facility ID - 48440

WVTC

21 4A

Randolph Center, VT

Facility ID - 69957

1st ADJACENT CHANNEL
WCKJ

213C3

St. Johnsbury, VT

Facility ID 76054

WSCS

215A

NewLondon,NH

FacilitylD-12228

WVFA

213A

Lebanon, N}I

Facility ID 92641

Concord, NH

Facility IL)

-

-

2nd ADJACENT CHANNEL
WVNH

216A

-

8698

3rd ADJACENT CHANNEL
WMEA

21 IC

Portland, ME

Facility ID - 39655

WEVH

217A

Hanover, NH

Facility ID - 48439

For each facility the protected 60 dBu F(50,50) and pertinent interference
F(50,lO) contour were calculated and plotted. The protected 60 dBu and pertinent
interference contours of the proposed operation were also calculated and plotted. All
contours were calculated in one degree increments of azimuth.
As shown on th attached Figure 1, the proposed operation will not generate
prohibited interference to, nor receive prohibited interference from any existing facility or
application.

Figure 2 is an expanded vIew of the area around the proposed 100 dBu F(50,10)
contour showing the lack of prohibited overlap with the WMEA 60 dBu F(50,50).
The applicant believes the proposed facility was in full compliance with the
applicable contour overlap provisions of 47 C.F.R. §73.509 prior to the filing of other
applications during the NCE filing window of October 2007.
This amendment proposes a modified directional antenna pattern for the proposed
Holderness facility which eliminates the prohibited overlap with an application for
channel 21 5A at Newbury, VT by Vermont Public Radio (F.C.C. File Number BNPED20071018BBQ). Figure 3 demonstrates that the proposed Holderness 54 dBu F(50,10)
does not overlap the Newbury 60 dBu F(50,50) and that the Newbury proposed 54 dBu
F(50,lO) does not overlap the proposed Holderness 60 dBu F(50,50). This amendment
results in the proposed Holderness facility complying with the provisions of 47 C.F.R.
§73.5 09, with respect to the application by Vermont Public Radio for 21 5A at Newbury,
VT.

kM. SMITH ASSOCIATES

CONTOUR OVERLAP STUDY

JENSEN BEACH, FL

NEW(FMO - 214A-HOLDERNESSNH- AMENDMENT
70
60

JWMEA 2110
ISO dBu F(60,50)

50

Proposed 214A I
40 dBu F(50,1)J
JPropoeed 214A
54 d& F(50. 10)

40

jProposed2l4A

.

30

___-180 dau

F(so,so)
214A

100 dBu F(S0101
;vP-

20
10
0
10
20

80 dBu F(50,50)
F16A
VW'JH 216A
100 dBu F(5050)

30
4C
5c

Brvk

&

km

80

- State Borders

60

40

20

0

20

40

60

LatlLon Grid

Map Scale: 1:1000000 1 cm=10.OOkm VtHSizc: 149.LOx 172.29km

EXHIBIT 16FLGURE I

R,M, SWTHASSOCIATES

CONTOUROYERLAP STUDY

JENSEN BEACII FL

NEW(FMO 214A. ROLDERNESS, NH MAENDMENT
-

.

-- -

-71-41

-.-J-.'71'40

-

---..-

__________________
-71-3.9

__________________
-71.39

__________________
-11.31

2.0.
43-47

1.5

1.0

0.5

43-46

tProposed

0

0,5

1.0

1.5

WMEA 211C

______________

60 dBu F(50,50)

-

.

43-44

2.0
=F==

km

2.5

State Boalers

f-=-

2.0

1.5

1.0

0.5

__._.1_______1__

0

0.5

=-----..--

tO

1.5

2.0

2.5

Lat/Loit Grid

Mp Scale: 1:31250 1 cm= 0.31 km VjH Size: 4.66x 5.38 km

EXHIBIT 16 FIGURE 2

R.M. SMITIIASSOCIATES

JENSEN BEACH, FL

CONTOUROVERLAPSTUIW
NEW(FMO 214A HOLDERNESS, NH- AMENDMENT
-

I

J

-

.72-00

- 71-45

. 71.15

-71-30

32
IIo

___

,1
24

_________

(

BNPED.20071OIBBBQ1
54 dBo F(CO,1o)

4iEJ1'

16
44- 0

kill

8

0

8

16

10

005t

C45or
.

Oo,

24
I'

32

km

40

State Borders

TT
30

20

10

0

10

20

30

40

Lat/LonGid

Map Scale: 1:500000 1 cm = 5.00 km VIH Size: 74.55 x 86.14 km

EXHIBIT 16 FIGURE 3

New Hampshire Public Radio, Incorporated
Fomi 340
Facility ID No. 174186
NEW(FM), Holderness NH
AUACHMENT 19

--

TV6 PROTECTION

REM. SMITH ASSOCIATES
BROADCAST TECHNICAL CONSULTANTS
4267 NW FEDERAL HIGHWAY #120 -JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-1438

E-MAIL bob©rrsrnith.corn

EXIELIBIT 19- TV 6 PROTECTION ANALYSTS
AMENDMENT TO APPLICATION FOR NEW NCE FM
214A - HOLDERNIESS, Nil
The proposed operation on channel 214A in Holderness, NH is within 187 km of
the following television station operating onTV channel 6:

WCSH-TV

Portland, ME

100 kW ERP DA

610 mHAAT

The 47 dBu, for this facility, was calculated and plotted. All contours were
calculated in one degree increments of azimuth.
The proposed site was found to be inside the 47 dBu F(5050) contour of
WCSH-TV. The WCSH-TV signal level in the vicinity of the proposed operation varies
between 61.0 and 65.5 dBu F(S0,50). The undesired to desired ratio at those levels is 8.5
and 6.0 .dB respectively. This results in an interference contour level of between 69.5 and
71.5 dBu F(50, 10) from the proposed operation. The proposed 69.5 dBu contour was
used as the interference contour for this analysis and results in a slight overstatement of
the interference area.
Since this application is proposing vertical only polarization, the proposed ERP
was divided by 40 (as permitted by 47 C,F,R. §73 .525(3)(4)(i)). Those contours are
plotted on the attached Figure 1. The population within the plotted interference area is
less than 1,712 (2000 Census).
The applicant believes this application fully complies with the applicable
provisions of 47 C.F.R. §73.525.

fENSENBEACII, FL

TV6 PROTECTION

R.M. SMITHASSOCIATES

NBW(F'M) 214A - HOLDERNESS,NH.AMENDMENI'
______

-

'

______

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30

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___________________________
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_______________

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65.5 dE3u F(5O50)
t.ke Sha Park

I

____________

WCSH-TV

1

61 dBu F(5O
oTh'MIn±

+

4oborntn
Et

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_________________

km

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State Borders

30

20

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20

30

40

Lat/Loo Grid

MapScale: 1:500000 1 cm5.OOkm VlHSize: 76.14x86.I4km

EXFIIBIT19FIGURE 1

New Hampshire Public Radio, Incorporated
Form 340
Facility ID No. 174186
NEW(FM), Holdemess NH
AUACHMENT 21

--

CANADIAN PROTECTION

REM. SMITH ASSOCIATES
BROADCAST TECHNICALCONSULTANTS
4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-1438
E-MAIL bobrmsmith.com

EXIIIBIT21 - CANADIAN PROTECTION ANALYSIS
AMENDMENT TO APPLICATION FOR NEW NCE FM
214A - HOLDERNESS, NH
The proposed operation on channel 214A in Holderness, NH is located 138.8 km
from the border between the United States and Canada. The site is fully spaced per the
requirements of the "Working Agreement" to all Canadian facilities and proposals except
a Class B allotment on channel 214 in Sherbrooke, QU..
The 34 dBu F(50,lO) contour from the proposed operation does not cross the
Canadian border so no prohibited interference to the Sherbrooke allotment is possible.
The attached Figure 1 shows the relationship of the 34 dBu contour from the
proposed operation and the Canadian border.

RM. SMITHASSOCIATES

CANABTANPROTECTION
NEW(F

-

JENSEN BEACH, FL

2[4A HOLDERNESS, NH-AMENDMENT
-

7Z-Q

-70-00

140
120
100
80
60

0

)

40
20

I

. _____

)

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_______

120

100

________

80

60

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20

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1

0

20

40

________

60

80

100

120

140

160

Lat/Lon Grid

Map Scale: 1:2000000 1 cm2000kn

VIHSize: 337.71 x326,1I km

EXHIBIT 2i FIGIJRE I

New Hampshire Public Radio, Incorporated
Form 340
Facility ID No, 174186
NEW(FM), Holderness NH
ATI'ACHMENT 22-- RF FIELD DENSITY STUDY

R. M. SMiTH ASSOCIATES
BROADCAST TECHNICAL CONSULTANTS
4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-i438

E-MAIL bobrmamith.com

EXHIBIT 22- RF FIELD DENSITY ANALYSIS
APPLICATiON FOR NEW NCE FM
214A - HOLDERNESS NH
The proposed operation on channel 214A in Holderness, NH will be located on an
existing tower.
The antenna will be a Shively 6513-3-SS-DA three bay, half wave spaced
directional with the center of radiation at 30 meters AGL and will operate with an ERP of
1.8 kW Vertical only.
The calculated (F.C.C. FMMODEL) RF field density at 2 meters AGL from the
proposed operation is 3.3 jiW/cm2 at 81 meters from the base of the tower or less than
1.7% of the maximum uncontrolled exposure level of 200 i.LW/cm2. The proposed
operation will not be a significant contributor to the RF field in the vicinity of the tower.
The tower is fenced to prevent unauthorized access.

ATTACHMENT 3

Petition To Return To Processing Line As Inadvertently Accepted For Filing
December 3, 2007

1G®

Isi

WASHINGTON, O.C. OFFICE

OTHER OFFICES

fiftk floor

leji'g, hino

flour miU building

[B_il

1000 poua
GARVEY

SCHUBERT

BARER

'ew york

srer.i ntu

urw york

portland, Oregon

walngiom, d.c. 20007.3501

eeattle, wzshingou

rci. 202 965 7880 FAX 202 965 1729

OSBt.Aw.cou

IARtHEJSt1jP 0' VROFESZIO!AL.

Please reply o JOHN WELLS KING
jking®gsblaw.carn TEL EXT 2520

December 3, 2007

SThMP & RETU

Marlene H. Dortch, Secretary
Federal Communications Commission
12 Street, S.W.
Washington DC 20554

Our p'jjeNo;2o838-5oO65

FILEDmCCEPIED
DEC -3 2007
Fdti Cmrn

Office of the

RE:

Wentworth Baptist Church
NEW(FM), Plymouth, New Hampshire
Facility ID No, 175347
FCC File No. BNPED-20071017ADV

SUBJECT:

Petition To Return To Processing Line As Inadvertently Accepted For Filing

Dear Ms. Dortch:
On behalf of New Hampshire Public Radio, Incorporated, I transmit herewith the original and
four copies of its Petition To Return To Processing Line As Inadvertently Accepted For Filing, directed
to the above-referenced application for construction permit for new noncommercial educational FM
broadcast facilities.
The application was filed in the NCE ffling window, was initially determined by the Commission
staff to be a singleton, and as a result, was accepted for filing, Public Notice, "Broadcast Applications,"
Report No. 26612, released November 14, 2007, at 28.
As shown in the Petition, the application is in fact mutually exclusive with six other applications.
Kindly communicate any questions directly to this office.

Enclosures
JWK:yg

IG1
SI

GARVE

''

S CH UBER 1

ARER

____

Ce:

Rachelle U. Arcoite
Emmaus Christian Healing Ministries
William A. Wittik
Granite State Educational Fellowship
Lee G. Petro, Esquire
Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutehings
Southwest Radio Church of the Air, Inc.
John Crigler, Esquire
Counsel for Vermont Public Radio
David W. Robinson
Wentworth Baptist Church

MarleneH, Dorteh, Secretary
Federal Communications
Commission
December 3, 2007
Page 2

Before The

Federal Communications Commission
Washington, D.C. 20554
In re Application of
WENTWORTHBAPTIST CHURCH
NEW(FM); Plymouth NH
Channel 214, 90.7 MHz
For Construction Permit
To:

)
)
)
)
)
)
)
)

FCC File No. BNPED-20071017ADV
Facility ID #175347

Chief, Media Bureau

Petition To Return To Processing Line
As Inadvertently Accepted For Filing
New Hampshire Public Radio, Incorporated ("NHPR") through counsel and
pursuant to Section 1.41 of the Commission's Rules, hereby respectfully petitions
the Commission to return the above-captioned application to the processing line as
inadvertently accepted for filing. In support of this request, NHPR states the
following:
Wentworth Baptist Church (4'Wentworth") submitted the above-captioned
application in the NCB FM New Station and Major Change Filing Window (the

-2"NCE Window"),' proposing to serve Plymouth, New Hampshire ("Plymouth") on
Channel 214, 90.7 MHz.
NETPR filed an application in the NOB Window for new NOB facilities to
serve Holderness, New Hampshire, on Channel 214, 90.7 MHz, the same channel
proposed by Wentworth for Plymouth.2 Wentworth's Plymouth proposal and
NI-I1PR's Holderness proposal are thus mutually exclusive.
The Commission determined that NFIPR's Holdemess proposal would
create prohibited overlap with a station in Glenn Falls, New York, and dismissed
the application.3
The Commission accepted the Wentworth application for filing,4 reflecting
the Commission's determination that the Wentworth application was not mutually
exclusive with any other application and would be processed as a grantable
"singleton." This determination is the product of compound error: the Plymouth
proposal is mutually exclusive with the NEIPR Holderness proposal, which was
erroneously dismissed.

See Public Notice, DA 07-3521, released August 9, 2007, announcing the filing window for the
period October 12 - October 19, 2007. The window was extended to2p October 22,2007, see Public
Notice, DA 07-4355, released October 19, 2007.
2
FCC File No. BNPED-20071019ALH.
Public Notice, "Broadcast Actions," Report No. 46613, released November 15, 2007, at 12.
Public Notice, "Broadcast Applications." Report No. 26612, released November 14, 2007, at 28.
See Public Notice, "Window Opened to Expedite Grant of New NCE FM St ation Construction
Permits; Bureau Will Accept Srettlements and Technical Amendments," DA 07-4571, released November 8,
2007

-3Dismissal of the NBPR application was erroneously predicated upon
geographical coordinates for the proposed Holderness facilities that contained a
typographical error. The error placed the proposed transmitter site at 73 degrees
west longitude, rather than 71 degrees west longitude, the actual location of the
tower upon which NHPR proposes to locate its antenna. Therefore, the
Commission processed the NHPR application upon the erroneous belief that the
station was to be located 100 miles further west than is actually proposed. As a
result, the Commission found prohibited overlap with a station in New York State.
NHPR has concurrently filed a petition for reconsideration of the dismissal
of the Holdemess application and request for reinstatement of the application nunc
pro tunc, and has resubmitted its application, amended to correct the discrepancy in
geographic coordinates.6
A grant of the petition for reconsideration will entitle NHPR to comparative
consideration with the Wentworth proposal.7
In order to avoid terminal prejudice to NHPR in Commission consideration
of its petition for reconsideration and for reinstatement nunc pro tunc of its
Holdemess proposal, fairness and equity dictate that the Commission withhold
The resubmission also amends the application in other respects.
The mutually exclusive group involving NHPR's and Wentworth's proposals for Channel 214,
90.7 MHZ, includes four other applicants: Northeast GospeiBroadeasting, Inc., BNPED-20071012ABA;
Southwest Radio Church Of The Air, BNPED-2007 1OI2AEV; Granite State Educational FeUowship,
BNPED-20071019A'YP; and Emmaus Christian Healing Ministries, BNPED-20071022APT. As originally
filed, the NBPR application also was MX'd with a proposal by vermont Public Radio for Channel 215,
90.7 MHz, at Newbury, Vermont. The amended NHPR application modifies the proposed directional
antenna so as to remove this case of mutual exclusivity.

-4..
action on the Wentworth application as a singleton, and return it to the processing
line. To do otherwise would also deprive the Commission of a choice among the
greatestnumber of applicants, which would disserve the public interest,
Return of the Wentworth application to the processing line and inclusion in
the relevant MIX group (see note 7, supra) will prompt comparative consideration
of the proposal. In this connection, NHPR's broadcast technical consultant, Robert
M. Smith, Jr., has examined the Wentworth application and has determined that it
is in error with respect to claimed first and second service.9
Mr. Smith found that Wentworth failed to account for existing NCIE service
provided by WEVO(FM), Concord, and WPCR(FM), Plymouth, both New
Hampshire. As a consequence, Wentworth's first service population is reduced
from its claimed 11,759 persons to an actual 3,396 persons. Its second service
population increases from 2,555 persons to 10,722 persons.
When considered comparatively under the Commission's fair distribution of
service analysis, Wentworth's proposal is decisively inferior to NHPk's
Holderness proposal.'° This underscores the necessity and desirability of returning
the Wentworth application to the processing line and removing it from singleton

in re Public Notice "Commission States Future Policy on incomplete and Patently Defective AM
and FM Construction Permit Applications, "FCC 85-185,57 P&F Rad,Reg,2d 1603, 1604 (1985).
See attached Engineering Statement of Robert M. Smith, Jr.
Section 73.7002(b). NHPR'S aggregate service exceeds Wentworth's aggregate service by more
than 5,000 persons. Accor4ingly, NHPR is entitled to a decisive 307(b) preference. None of the other
applicants in the MX group warrants 3 07(b) consideration.

-5-

consideration. The Commission has been presented with a decisively superior
proposal in the NBPR application for Holderness.
The requested relief is required in the public interest.
Respectfully submitted,
NEW HAMPShIRE PUBLIC RADIO, INCORPORATED

By:

OAR VEY SCHUBERT BARER
1000 Potomac Street, NW

Fifth Floor, The Flour Mill Building
Washington, DC 20007
jkinggsblaw.com
(202) 965-7880
December 3, 2007

Declaration of Robert M. Smith, Jr.

R.M. SMITH ASSOCIATES
BROADCAST TECHNICAL CONSULTANTS
4267 NW FEDERAL HIGHWAY #120 - JENSEN BEACH, FL 34957
(772) 335-0688 FAX (772) 335-1438
E-MAIL bob(rmsmith.corn

ENGINEERING STATEMENT
ON BEHALF OF NEW HAMPSHIRE PUBLIC RADIO

RE: FIRST AND SECOND NCE SERVICE CLAIMS
BY WENTWORTH BAPTIST CIWRCH
IN APPLICATION FOR NEW(FM) - 214A - PLYMOUTH, NH
F.C.C. FILE NDMBER BNPED-20071017ADV

NOVEMBER 27, 2007

PURPOSE AND SCOPE
The undersigned was retained by New Hampshire Public Radio ("NHPR"),
applicant for a new non-commercial educational FM broadcast station, at Holderness, NH
(F.C.C. File Number BNPE]J-20071019ALH) to determine if the claims of first and
second NCE service made by Wentworth Baptist Church ("Wentworth") in its
application for a new non-commercial educational FM broadcast station at Plymouth, NH
(F.C.C. File Number BNPED-2007 101 7AD'V) are accurate. This Statement
demonstrates that the Wentworth first and second and second NCE service calculations
are seriously flawed, and supports a petition by NHPR to return the Wentworth
application to the processing line for reasons detailed herein.
NE[PR'S INTEREST
NHPR filed an application for a new NCE FM broadcast station on channel 214A
in Holderness, NH. That application was dismissed by the Commission. That dismissal
was caused by an inadvertent typographical error in the NHPR application. The N}IPR
application is mutually exclusive with the Wentworth application as well as the following
applications flIed in the filing window:
BNPED-20071022kPT

214A Barrington, NH

Emmaus Christian
Healing Ministries

BNPED-20071O12AEY

214A Dover, NH

Southwest Radio
Church of the Air, Inc

BNPED-20071 0 I9AYP

214A Northwood, NH

Granite State
Educational
Fellowship

BNPED-2007 101 2ABA

214A Northwood Ridge, NH

Northeast Gospel
Broadcasting Inc

BNPED-2007 101 8BBQ

21 5A Newbury, VT

Vermont Public Radio

NHPR has filed a Petition for Reconsideration of the dismissal and an amendment
to its application correcting the typographical error. The amendment also contains a

modified directional antenna pattern which eliminates the prohibited overlap with the
application of Vermont Public Radio for Newbury, VT and still provides, first and second
NCE service superior to the actual first and second NCE service provided by the
Wentworth proposed Facility.

WENT WORTH CLAiMED SERVICE
Wentworth claims credit, in its application, for a first NCE service to an area of
20013 square kilometers containing a population of 11,759. It further claims credit fur a
second NCB service to an area of 156.37 square kilometers with a population of 2,555.
As demonstrated herein, these claims are inaccurate due to Wentworth's failure to
calculate the area and population served by Ji existing NCE facilities, Wentworth
acknowledged the service provided by WMEA(FM), Portland, ME but failed to account
for the service provided by WEVO(FM), Concord, NH and WPCR-FM, Plymouth, NH.
WENTWORTII ACTUAL SERVICE
A computerized search of the F.C.C. CDBS was conducted to determine which, if any,
existing NCE Class A, BI, B, C3, C2, CI, CO or C FM stations provide 60 dBu F(50,50)
service to the proposed service area. THE CDBS was also searched for AM NCE
stations providing 5.0 mY/rn service to the area. Pertinent contours were plotted on the
attached Figure 1.
As shown, on the plot, the proposed Wentworth operation will provide 60 dBu
F(50,50) service to an area of 400.0 square kilometers containing a population of 14,389
(2000 US Census). Portions of the service area are within the 60 dBu contours of
WPCR(FM), Wv1EA(FM) and WEVO(FM). The overlap of these contours creates five
distinct areas as shown on Figure 1 and tabulated below:

AREA NO.

AREA DEFIMTION
Area within Proposed and VIPCR and WMEA

2

Area within Proposed and WMEA but outside WPCR

3

Area within Proposed and WPCR but outside WMBA

4

Area within Proposed and WEVO

5

Area within Proposed but outside all other contours

AREA NO.

AREA (Sq. Krn

POPULATION

1

7.27

271

2

136.72

2)408

3

116.55

8,026

4

14.88

288

Area 5 is the area served only by the proposed operation and covers 124.58 square
kilometers with a population of 3)396.
Subtracting area '1' (served by WMEA and WPCR) and area '5' (first-service
area) from the total service area and population of 400.0 square kilometers and 14,389
people results in the proposed operation providing second NCR service to an area of
268.15 square kilometers containing a population of 10,722.

METHODS
All contours were calculated using the F.C.C. F(50,50) algorithm as implemented
in Radiosoft's Comstudy computer program. All calculations were based upon licensed
coordinates, heights and ERPs. Contours were calculated in one degree increments of
azimuth. Populations were counted using the same software and 2000 U.S. Census
centroid data.
Calculations of the Wentworth contour and population were made using the
coordinates specified in the application. It was noted that those coordinates do not match
the coordinates specified in the Antenna Struture Registration for the proposed antenna
location. ASR 1055700 lists the tower location as N43-45-45.6, W71-38-58.4 (NAD83)
or N43-45-44, W71-39-00. 1 (NAD27) while the application specifies the antenna
location asN43-45-41, W71-38-59.

CONCLUSIONS
Wentworth overstated its first NCE service area and understated its second
NCE service area. Wentworth claimed a first NCE service area of 200.73 square
kilometers with a population of 11,759. It would actually provide first NCE service to
only 124.58 square kilometers with a population of 3,396,
Wentworth claimed a second NCE service area of 156.37 square
kilometers with a population of2,555. It would actually provide first NCE service to
268.15 square kilometers with a population of 10,722.
CERTIFICATION
I, Robert M. Smith Jr., of Port St. Lucie, Florida, do hereby certifi that all of the
data, calculations and results contained in this Statement are true and correct to the best
of my knowledge and belief. I further certify that I am an experienced and qualified
broadcast technical consultant and that my qualifications are a matter of record with the
Federal Communications Commission.

Robert M. Smith Jr.

CERT[FICATE OF SERVICE
1, Yvette J. Graves, hereby certify that on this 3rd day of December, 2007, copies of the
foregoing "Petition To Return To Processing Line As Inadvertently Accepted For Filing" has
been served by first class U.S. mail, postage prepaid or by * hand delivery to the following:
Rachelle 0. Arcoite
Emnaaus Christian Healing Ministries
P.O. Box 85
Rochester NH 03866-0085
William A. Wittik
Granite State Educational Fellowship
P.O.Box 126
Hartford VT 050470l26
-

Lee 0. Petro, Esquire
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 1l Floor
Arlington, VA 22209

Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutchings
Southwest Radio Church of the Air, Inc.
P.O. Box 100

Bethany OK 73008
John Crigler, Esquire*
1000 Potomac Street, N.W.
Fifth Floor, Flour Mill Building
Washington, D.C. 20005
Counsel for Vermont Public Radio
David W. Robinson
ARRCOMM Engineering
123 Grace Baptist St.
Newport NC 28570
Contact Representative for Wentworth Baptist Church

- ,4z,2/tez)

Yv/te Graves

DCDOCS:67 OO4.1

CERTIFICATE OF SERVICE
I, YvetteJ. Graves, hereby certify that on this 13th day of July 2009, copies of the
foregoing "Application for Review" have been served by first class U.S. mail, postage prepaid or
*by hand delivery to the following:
Rachelle G. Arcoite
Emmaus Christian Healing Ministries
P.O. Box 85
Rochester NH 03 866-0085
William A. Wittik
Granite State Educational Fellowship
P.O. Box 126
Hartford VT 05047-0126
Lee G. Petro, Esquire
Fletcher, Heald & Hildreth, PLC
1300 North 17th Street, 11th Floor
Arlington, VA 22209

Counsel for Northeast Gospel Broadcasting, Inc.
N.W. Hutchings
Southwest Radio Church of the Air, Inc.
P.O. Box 100
Bethany OK 73008
John Crigler, Esquire*
1000 Potomac Street, N.W.
Fifth Floor, Flour Mill Building
Washington, D.C. 20005
Counsel for Vermont Public Radio
Matthew H. McCormick, Esquire
Fletcher Heald & Hildreth, PLC
1300 No. 17th Street, 11th Floor
Arlington, VA 22209-3801

Counsel for Wentworth Baptist Church