Go to the Federal Communications Commission homepage at www.fcc.gov

Licensing and Management System

Approved by OMB 3060-0027
September 2014
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission)Amendment to a New NCE FM Construction Permit Application

File Number:
0000166942
Submit Date:
04/06/2022
Facility ID:
762606
FRN:
0001844042
State:
North Carolina
City:
SYLVA
Service:
FM
Purpose:
New NCE FM CP Amendment
Status:
Granted
Status Date:
04/07/2022
Expiration Date:
04/07/2025
Filing Status:
Active
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General Information

Section Question Response
Attachments Are attachments (other than associated schedules) being filed with this application? No

Fees, Waivers, and Exemptions

Section Question Response
Waivers Does this filing request a waiver of the Commission's rule(s)? No
Total number of rule sections involved in this waiver request:

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

United States

+1 (828) 210-4800 jreed@bpr.org Not-for-Profit

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Melodie A. Virtue , Esq .

FCC Counsel

Foster Garvey PC

1000 Potomac Street, NW

Suite 200

Washington, DC 20007

United States

+1 (202) 298-2527 melodie.virtue@foster.com Legal Representative

Timothy L Warner

Timothy L. Warner, P.E.

Post Office Box 8045

Asheville, NC 28814

United States

+1 (828) 258-1238 twarner@tlwinc.net Technical Representative

Alien Ownership

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Question Response
1) Is the applicant a foreign government or the representative of any foreign government as specified in Section 310(a) of the Communications Act?
2) Is the applicant an alien or the representative of an alien? (Section 310(b)(1))
3) Is the applicant a corporation, or non-corporate entity, that is organized under the laws of any foreign government? (Section 310(b)(2))
4) Is the applicant an entity of which more than one-fifth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any entity organized under the laws of a foreign country? (Section 310(b)(3))
5) Is the applicant directly or indirectly controlled by any other entity of which more than one-fourth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any entity organized under the laws of a foreign country? (Section 310(b)(4))
6) Has the applicant received a declaratory ruling(s) under Section 310(b)(4) of the Communications Act?
7) In connection with this application, is the applicant filing a foreign ownership Petition for Declaratory Ruling pursuant to Section 310(b)(4) of the Communications Act?

Channel and Facility Information

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Section Question Response
Service Type Service Type Full Power FM
Facility ID 762606
State North Carolina
City SYLVA
FM Channel 209
Designated Market Area
Facility Type Facility Type Noncommercial Educational
Station Type Main
Zone Zone

Primary station proposed to be rebroadcast:

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Facility Id Call Sign City State

Antenna Location Data

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Section Question Response
Antenna Structure Registration Do you have an FCC Antenna Structure Registration (ASR) Number? Yes
ASR Number 1322065
Coordinates (NAD83) Latitude 35° 22' 01.6" N+
Longitude 083° 13' 17.2" W-
Structure Type GTOWER-Guyed Structure Used for Communication Purposes
Overall Structure Height 31.1 meters
Support Structure Height 31.1 meters
Ground Elevation (AMSL) 890.3 meters
Antenna Data Height of Radiation Center Above Ground Level 30.0 meters
Height of Radiation Center Above Average Terrain -1.0 meters
Height of Radiation Center Above Mean Sea Level 920.0 meters
Effective Radiated Power 0.2 kW

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type
Do you have an Antenna ID?
Antenna ID 69-2019-08-06
Antenna Manufacturer and Model Manufacturer:
Model
Rotation
Electrical Beam Tilt
Mechanical Beam Tilt
toward azimuth
Polarization
DTV and DTS: Elevation Pattern Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt?
Uploaded file for elevation antenna (or radiation) pattern data

Parties to the Application (24)

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Party Name Address Phone Email Positional Interest

Monica Flippin Wynn

c/o Western North Carolina Public Radio, Inc.

73 Broadway

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Susan Reiser

c/o Western North Carolina Public Radio, Inc.

73 Broadway

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

MaryAnn Kiefer

Ex Officio

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Artie Miller

c/o Western North Carolina Public Radio, Inc.

73 Broadway

Unit 1406

Asheville, VA 28801

+1 (703) 328-4652 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Tim Collins

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Andrew Todd

Interim GM and CEO

Western North Carolina Public Radio, Inc.

73 Broadway

Asheville, NC 28801

+1 (828) 210-4800 atodd@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Diane Mance

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Sandra Byrd

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Ellen Carr

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Travis Childs

Vice Chair

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Jeannie DuBose

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Jack Ewing

Treasurer

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Elin Gabriel

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Robert Hooper

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Scott Marks

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Joe McGuire

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Bill Medina

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

John Noor

Chair

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Charlie Rowe

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Tara Theodossis

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Angi West

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Deborah Wright

Secretary

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Carol Burton

c/o Western North Carolina Public Radio, Inc.

73 Broadway Street

Asheville, NC 28801

+1 (828) 210-4800 jreed@bpr.org
Positional Interest:
Citizenship:
Percentage of Votes:
5.55%
Percentage of Total Assets:
0%

Attributable Interest

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Section Question Response
Equity and Financial Interests Applicant certifies that equity and financial interests not set forth by the applicant parties are non-attributable. Yes
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s). Yes

Construction Permit Certifications

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Section Question Response
Environmental Effect Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? (See 47 C.F.R. Section 1.1306)
Broadcast Facility The proposed facility complies with the applicable engineering standards and assignment requirements of 47 C.F.R. Sections 73.616, 73.622(i), 73.623(e), 73.625, 73.1030, and 73.1125.

Legal Certifications

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Section Question Response
Character Issues Applicant certifies that neither applicant nor any party to the application has or had any interest in, or connection with: (a) any broadcast application in any proceeding where character issues were left in unresolved or were resolved adversely against the applicant or party to the application; or (b) any pending broadcast application in which character issues have been raised.
Adverse Findings Has the Applicant or any party to this application had an adverse finding or an adverse final action taken by any court or administrative body in a civil or criminal proceeding brought under any law related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination?
Program Service Certification Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area.
Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
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.
Financial The applicant certifies that sufficient net liquid assets are on hand or that sufficient funds are available from committed sources to construct and operate the requested facilities for three months without revenue.
The applicant certifies that this application is contingent upon receipt of a grant from the National Telecommunications and Information Administration.
The applicant certies that this application is contingent upon receipt of a grant from a charitable organization, the approval of the budget of a school or university, or an appropriation from a state, county, municipality or other political subdivision.

Certification

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Section Question Response
General Certification Statements The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by authorization or otherwise, and requests an Authorization in accordance with this application (See Section 304 of the Communications Act of 1934, as amended.).
The Applicant certifies that neither the Applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to §5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under §1.2002(c) of the rules, 47 CFR . See §1.2002(b) of the rules, 47 CFR §1.2002(b), for the definition of "party to the application" as used in this certification §1.2002(c). The Applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.
Authorized Party to Sign

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID

Upon grant of this application, the Authorization Holder may be subject to certain construction or coverage requirements. Failure to meet the construction or coverage requirements will result in automatic cancellation of the Authorization. Consult appropriate FCC regulations to determine the construction or coverage requirements that apply to the type of Authorization requested in this application.

WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, §1001) AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, §312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, §503).

I certify that this application includes all required and relevant attachments. Yes
I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.

Andrew Todd

Interim General Manager and CEO


04/06/2022

Attachments

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File Name Uploaded By Attachment Type Description
1984-04-09-articles-of-incorporation.pdf Applicant Eligibility Certifications WNCPR - Articles of Incorporation
BPR - Date of Formation and Good Standing.pdf Applicant Eligibility Certifications Date of Formation and Good Standing
BPR Prior FCC Approval of Educational Purpose and Programming.pdf Applicant Eligibility Certifications Prior FCC Approval of Educational Purpose and Programming
BRP - Bylaws.pdf Applicant Eligibility Certifications Bylaws
EE_ExhFirstAndSecondService_Amend2.pdf Applicant Technical Certifications First and Second Noncommercial Service, 2nd Amendment
EE_ExhFirstAndSecondService_Amend.pdf Applicant Technical Certifications First and Second Noncommercial Service, Amended
EE_ExhFirstAndSecondService.pdf Applicant Fair Distribution of Service First and Second Noncommercial Service
EE_ExhibitTechnicalCompliance_SylvaNC_Amend_2.pdf Applicant Technical Certifications Sylva Technical Compliance with Area and Population, 2nd Amendment
EE_ExhibitTechnicalCompliance_SylvaNC_Amend.pdf Applicant Amendment Sylva Technical Compliance with Area and Population, Amended
EE_ExhibitTechnicalCompliance_SylvaNC.pdf Applicant Technical Certifications Sylva Technical Compliance With Area and Population
Established Local Applicant - NA.pdf Applicant Point System Factor/Tie Breakers Established Local Applicant - NA
Letter of Reasonable Site Assurance.pdf Applicant Technical Certifications Letter of Reasonable Assurance of Site Availability
Nature of Amendment - April 2022.pdf Applicant Amendment Explanation for Amendment April 2022
Nature of Amendment to Sylva Application.pdf Applicant Amendment Nature of Amendment
WNCPR - Broadcast Interests and Contingent Divestiture Pledge.pdf Applicant Attributable Interest Broadcast Interests and Contingent Divestiture Pledge