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)Modification of a DTV Station Construction Permit Application

File Number:
0000004710
Submit Date:
09/29/2015
Call Sign:
WHIQ
Facility ID:
713
FRN:
0001750314
State:
Alabama
City:
HUNTSVILLE
Service:
DTV
Purpose:
Minor Modification 0000001585
Status:
Granted
Status Date:
10/07/2015
Expiration Date:
10/07/2018
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:
Are the frequencies or parameters requested in this filing covered by grandfathered privileges, previously approved by waiver, or functionally integrated with an existing station? Yes

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

ALABAMA EDUCATIONAL TELEVISION COMMISSION

Doing Business As: ALABAMA EDUCATIONAL TELEVISION COMMISSION

Windell Wood

2112 11th Avenue South

Suite 400

Birmingham, AL 35205

United States

+1 (800) 239-5233 wwood@aptv.org Government Entity

Authorization Holder Name

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

William Thomas Godfrey , Jr. .

Consulting Engineer

Kessler and Gehman Associates, Inc.

William T. Godfrey, Jr.

507 NW 60th Street

Suite C

Gainesville, FL 32607

United States

+1 (352) 332-3157 bill@kesslerandgehman.com Technical Representative

M. Scott Johnson

Legal Counsel

Fletcher, Heald & Hildreth, PLC

M. Scott Johnson

1300 N. 17th Street

11th Floor

Arlington, VA 22209

United States

+1 (703) 813-0474 sjohnson@fhhlaw.com 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? No
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?

Basic Qualifying Questions

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Section Question Response
Revoked Application Has the Applicant or any party to this application had any FCC station Authorization revoked or had any application for an initial, modification or renewal of FCC station Authorization denied by the Commission? No
State or Federal Convictions Has the Applicant or any party to this application, or any party directly or indirectly controlling the Applicant, ever been convicted of a felony by any state or federal court? No

Channel and Facility Information

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Section Question Response
Proposed Community of License Facility ID 713
State Alabama
City HUNTSVILLE
DTV Channel 24
Designated Market Area HUNTSVILLE-DECATUR (FLOR)
Facility Type Facility Type Noncommercial Educational
Station Type Main
Zone Zone 2

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 1036423
Coordinates (NAD83) Latitude 34° 44' 12.6" N+
Longitude 086° 31' 45.1" W-
Structure Type GTOWER-Guyed Structure Used for Communication Purposes
Overall Structure Height 103.6 meters
Support Structure Height 89.0 meters
Ground Elevation (AMSL) 487.1 meters
Antenna Data Height of Radiation Center Above Ground Level 95.6 meters
Height of Radiation Center Above Average Terrain 344.9 meters
Height of Radiation Center Above Mean Sea Level 582.7 meters
Effective Radiated Power 396 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 1000660
Antenna Manufacturer and Model Manufacturer: Dielectric
Model TFU-22JTH-R O4
Rotation
Electrical Beam Tilt 0.75
Mechanical Beam Tilt Not Applicable
toward azimuth
Polarization Horizontal
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? No
Uploaded file for elevation antenna (or radiation) pattern data

Parties to the Application (7)

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Party Name Address Phone Email Positional Interest

Jay Holland

Commissioner

Alabama Educational Television Commission

401 S. 5th Street

Gadsden, AL 35901

United States

+1 (205) 451-0133 rclem@aetv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Tijuanna Adetunji

Commissioner

Alabama Educational Television Commission

540 Lynnhurst Court

Montgomery, AL 36117

United States

+1 (205) 451-0133 rclem@aetv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Dannetta K. Thornton Owens

Commissioner

Alabama Educational Television Commission

420 10th Court West

Birmingham, AL 35204

United States

+1 (205) 451-0133 rclem@aetv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Harvey Lester Barnett

Commissioner

Alabama Educational Television Commission

301 Brandy Run Road West

Mobile, AL 36608

United States

+1 (205) 451-0133 rclem@aetv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Bebe Williams

Commissioner

Alabama Educational Television Commission

5201 Riverview Drive

Huntsville, AL 35803

United States

+1 (205) 451-0133 rclem@aetv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Dr. Rodney D. Herring

Commissioner

Alabama Educational Television Commission

1104 Willow Road

Opelika, AL 36801

United States

+1 (204) 451-0133 rclem@aptv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
Percentage of Total Assets:
0%

Ferris W. Stephens

Commission Chair

Alabama Educational Television Commission

3444 Tamassee Lane

Birmingham, AL 35226

United States

+1 (205) 451-0133 rclem@aptv.org
Positional Interest:
Commissioner
Citizenship:
United States
Percentage of Votes:
14%
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
Post-Incentive Auction Expedited Processing It will operate on the DTV channel for this station as established in the post-incentive auction channel reassignment public notice.
It will operate post-incentive auction facilities that do not expand the noise-limited service contour in any direction beyond that established by the post-incentive auction channel reassignment public notice.
It will operate post-incentive auction facilities that match or reduce by no more than five percent with respect to predicted population from those defined in the post-incentive auction channel reassignment public notice.
The antenna structure to be used by this facility has been registered by the Commission and will not require re-registration to support the proposed antenna, OR the FAA has previously determined that the proposed structure will not adversely affect safety in air navigation and this structure qualifies for later registration under the Commission's phased registration plan, OR the proposed installation on this structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7.
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) No
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. Yes

Legal Certifications

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Section Question Response
Eligibility The applicant certifies that it is a: Governmental entity other than a school
The applicant certifies that the applicant's officers, directors and members of its governing board are broadly representative of the educational, cultural, and civic segments of the principal community to be served.
The applicant certifies that the Commission has previously granted a broadcast application identified here by file number that found this applicant qualified as a noncommercial educational entity with a qualifying educational program, and that the applicant will use the proposed station to advance a program similar to that the Commission has found qualifying in applicant's previous application. Yes
FCC File Number 0000001585
The applicant certifies that its governing documents (e.g., articles of incorporation, by-laws, charter, enabling statute, and/or other pertinent organizational 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. Yes
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. Yes
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? No
Program Service Certification Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. Yes
Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes
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. N/A
Holding Period Applicant certifies that this application does not propose a modification to an authorization that was awarded on the basis of a preference for fair distribution of service pursuant to 47 U.S.C. Section 307(b). Yes
Applicant certifies that the proposed modification will not downgrade service to the area on which the Section 307(b) preference was based.
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.
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. Yes
Applicant certifies that the population and area within the proposed service contour (60 dBu (FM) or Noise-Limited (TV)) are greater than or equivalent to those authorized.

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.

Roy Clem

Executive Director


09/29/2015

Attachments

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File Name Uploaded By Attachment Type Description
Basis under 47 CFR Section 1.1116 for Exemption from FCC Filing fees (00835877xB3D1E).pdf Applicant Fees, Waivers and Exemptions Basis Under for Section 1.1116 Exemption
Basis under 47 CFR Section 1.1116 for Exemption from FCC Filing fees (00835877xB3D1E).pdf Applicant Fees, Waivers and Exemptions
Exhibit Addressing No Significant Environmental Effect (00835820xB3D1E).pdf Applicant Technical Certifications
Radio Frequency Exposure Certification Statement.pdf Applicant Technical Certifications RFR Certification Statement
Station List (00835769xB3D1E).pdf Applicant Attributable Interest