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:
0000167254
Submit Date:
12/16/2021
Facility ID:
767241
FRN:
0019584531
State:
Kansas
City:
COLBY
Service:
FM
Purpose:
New NCE FM CP Amendment
Status:
Granted
Status Date:
01/21/2022
Expiration Date:
01/21/2025
Filing Status:
InActive


General Information

Section Question Response
Attachments Are attachments (other than associated schedules) being filed with this application? Yes

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

Divine Mercy Radio, Inc.

Donetta Robben

108 E. 12th Street

Suite 1

Hays, KS 67601

United States

+1 (785) 621-4110 donetta@dvmercy.com Not-for-Profit

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Robert J. Clinton

ConsultingEngineer

Cavell, Mertz & Associates, Inc.

7724 Donegan Drive

Manassas, VA 20109-2868

United States

+1 (703) 392-0016 BClinton@cavellmertz.com Technical Representative

Dennis J. Kelly

Attorney

Law Office of Dennis J. Kelly

Post Office Box 41177

Washington, DC 20018-0577

United States

+1 (202) 293-2300 dkellyfcclaw1@comcast.net Legal 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 767241
State Kansas
City COLBY
FM Channel 206
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 1043109
Coordinates (NAD83) Latitude 39° 21' 04.0" N+
Longitude 101° 03' 15.0" W-
Structure Type TOWER-A free standing or guyed struct
Overall Structure Height 140 meters
Support Structure Height 134 meters
Ground Elevation (AMSL) 975 meters
Antenna Data Height of Radiation Center Above Ground Level 122.0 meters
Height of Radiation Center Above Average Terrain 131.0 meters
Height of Radiation Center Above Mean Sea Level 1097.0 meters
Effective Radiated Power 24.0 kW

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Non-Directional
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 (11)

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Party Name Address Phone Email Positional Interest

Karen Marsell

Director

Divine Mercy Radio, Inc.

3415 178th Street

Russell, KS 67620

+1 (785) 628-2972 karenmarsell@icloud.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Rev. Andrew Hammeke

Director

Divine Mercy Radio, Inc.

506 W. 6th Street

Hays, KS 67601

+1 (785) 656-3747 comeauccc@yahoo.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Cody Marintzer

Director

Divine Mercy Radio, Inc.

3403 Summer Lane

Hays, KS 67601

+1 (785) 635-8070 marintzer00@gmail.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Troy Schippers

Director

Divine Mercy Radio, Inc.

Post Office Box 153

Victoria, KS 67671

+1 (785) 735-4625 t_schippers@hotmail.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Christian Lutz

Director

Divine Mercy Radio, Inc.

501 E. 8th Stree

Hays, KS 67601

+1 (785) 628-6802 clutz5@aol.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Cory Munsch

Director

Divine Mercy Radio, Inc.

1411 Tallgrass Drive

Hays, KS 67601

+1 (785) 623-9460 smclean@ruraltel.net
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Allison Ochoa

Director

Divine Mercy Radio, Inc.

1305 E. 13th Street

Hays, KS 67601

+1 (785) 259-2911 allisonsochoa@yahoo.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Alvin Lecount

Director

Divine Mercy Radio, Inc.

2503 Sherman Avenue

Hays, KS 67601

+1 (785) 625-3154 alecount@fivestarconsulting.net
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Donetta Robben

Secretary and Director

Divine Mercy Radio, Inc.

1916 Eisenhower Road

Hays, KS 67601

+1 (785) 656-0150 donetta@dvmercy.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Dan Loftus

Director

Divine Mercy Radio, Inc.

415 W. 43rd Street

Hays, KS 67601

+1 (785) 621-2288 katieloftus85@yahoo.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
Percentage of Total Assets:
0%

Lester J. Robben

President and Director

Divine Mercy Radio, Inc.

1916 Eisenhower Road

Hays, KS 67601

+1 (785) 625-9356 lester@dvmercy.com
Positional Interest:
Citizenship:
Percentage of Votes:
9.1%
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.

Lester J. Robben

President


12/16/2021

Attachments

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File Name Uploaded By Attachment Type Description
Amendment Statement - New(FM) Colby NCE.pdf Applicant Amendment Purpose of Amendment
Colby KS--Reasonable Assurance Exhibit.pdf Applicant Technical Certifications Reasonable Assurance
Divine Mercy Radio--Localism Exhibit 110821.pdf Applicant All Purpose Localism Exhibit
Divine Mercy Radio--NCE Station History 110821.pdf Applicant Eligibility Certifications Previously Granted NCE FM Applications
Divine Mercy Radio--Other Broadcast Stations Exhibit 110821.pdf Applicant Attributable Interest Other Broadcast Station Interests
Figure - Ownership Contours - No Overlap.pdf Applicant Fair Distribution of Service Ownership Contours - No Overlap Proposed
Methodology_NCE_Pop_Divine Mercy_Amended_withFigures.pdf Applicant Fair Distribution of Service Amended Methodology Exhibit
New(FM) Ch206C2 Colby - Engineering Statement_withFigures.pdf Applicant Technical Certifications Comprehensive Engineering Statement