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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 DTS Station Construction Permit Application

File Number:
0000034548
Submit Date:
10/31/2017
Call Sign:
WHKY-TV
Facility ID:
65919
FRN:
0006555957
State:
North Carolina
City:
HICKORY
Service:
DTS
Purpose:
Minor Modification 0000024614
Status:
Superceded
Status Date:
05/29/2018
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
Fees Is the applicant exempt from FCC application Fees? No
Indicate reason for fee exemption:
Is the applicant exempt from FCC regulatory Fees? No
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? No

Application Type Fee Code Fee Amount
Total 1070.0
Minor Modification MPT 1070.0

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

LONG COMMUNICATIONS, LLC.

Doing Business As: LONG COMMUNICATIONS, LLC.

Jeff Long

526 MAIN AVENUE SE

HICKORY, NC 28602

United States

+1 (828) 322-1290 JLONG@WHKY.COM Limited Liability Company

Authorization Holder Name

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Joseph C. Chautin , III .

Legal Counsel

Hardy, Carey, Chautin & Balkin, LLP

1080 West Causeway Approach

Mandeville, LA 70471

United States

+1 (985) 629-0777 jchautin@hardycarey.com Legal Representative

Louis R duTreil , Jr .

Technical Consultant

duTreil Lundin & Rackley Inc

3135 Southgate Circle

Sarasota, FL 34239

United States

+1 (941) 329-6004 bobjr@DLR.com 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?
6a) Enter the citation of the applicable declaratory ruling by DA/FCC number, FCC Record citation, release date, or any other identifying information.
7) Has there been any change in the applicant's foreign ownership since issuance of the declaratory ruling(s) cited in response to Question 6?
7a) Enter the File or Docket Number of the Petition for Declaratory Ruling that the applicant has filed for its foreign ownership in connection with this application pursuant to Section 310(b)(4) of the Communications Act. It is not necessary to file a request for a foreign ownership declaratory ruling if the applicant attaches a showing that the requested authorization(s) is exempt from the provisions of Section 310(b)(4).
8) Does the applicant certify that it is in compliance with the terms and conditions of the foreign ownership declaratory ruling(s) cited in response to Question 6?
9) 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 65919
State North Carolina
City HICKORY
DTS Channel 14
Facility Type Facility Type Commercial
Station Type Main
Zone Zone 2

DTS Reference Point

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Section Question Response
Construction Permit File Number and Facility ID File Number for Current Authorized Service Area: BLCDT-20110927ACZ
Facility ID 65919
Coordinates (NAD83) Latitude 35° 29' 42.0" N+
Longitude 081° 09' 27.0" W-

Site 1: Antenna Location Data

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Section Question Response
Antenna Structure Registration Do you have an FCC Antenna Structure Registration (ASR) Number? No
ASR Number
Coordinates (NAD83) Latitude 35° 39' 28.5" N+
Longitude 081° 24' 23.3" W-
Structure Type LTOWER-Lattice Tower
Overall Structure Height 58 meters
Support Structure Height 58 meters
Ground Elevation (AMSL) 531 meters
Antenna Data Height of Radiation Center Above Ground Level 50 meters
Height of Radiation Center Above Average Terrain 256 meters
Height of Radiation Center Above Mean Sea Level 581 meters
Effective Radiated Power 1000 kW

Site 1: Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Directional Custom
Do you have an Antenna ID? No
Antenna ID 1002382
Antenna Manufacturer and Model Manufacturer: ERI
Model ATW18HS3-HTWC-14H
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
Rotation 0 degrees
Uploaded file for elevation antenna (or radiation) pattern data

Directional Antenna Relative Field Values (Pre-rotated Pattern)

DegreeVADegreeVADegreeVADegreeVA
.537.888.905.998
.502.943.896.998
.49.98.893.98
.502.998.896.943
.537.998.905.888
.593.985.92.818
.663.964.941.741
.741.941.964.663
.818.92.985.593

Additional Azimuths

Degree VA
275 1
125 1

Site 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 1005065
Coordinates (NAD83) Latitude 35° 17' 15.0" N+
Longitude 080° 41' 44.0" W-
Structure Type TOWER-A free standing or guyed struct
Overall Structure Height 380.0 meters
Support Structure Height 365.0 meters
Ground Elevation (AMSL) 218.0 meters
Antenna Data Height of Radiation Center Above Ground Level 152 meters
Height of Radiation Center Above Average Terrain 161 meters
Height of Radiation Center Above Mean Sea Level 370.0 meters
Effective Radiated Power 260 kW

Site 2: Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Directional Custom
Do you have an Antenna ID? No
Antenna ID 1002381
Antenna Manufacturer and Model Manufacturer: ERI
Model ALP8L4-CSBR-14
Electrical Beam Tilt 1
Mechanical Beam Tilt Not Applicable
toward azimuth
Polarization Circular
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
Rotation 0 degrees
Uploaded file for elevation antenna (or radiation) pattern data

Directional Antenna Relative Field Values (Pre-rotated Pattern)

DegreeVADegreeVADegreeVADegreeVA
.923.211.282.765
.992.177.386.549
.994.161.513.364
.936.146.664.269
.818.137.818.246
.664.146.936.269
.513.161.994.364
.386.177.992.549
.282.211.923.765

Additional Azimuths

Degree VA
245 1
15 1

Parties to the Application (0)

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Information not provided.

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.
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s).
Multiple Ownership Is the applicant or any party to the application the holder of an attributable radio or television joint sales agreement or an attributable radio or television time brokerage agreement in the same market as the station subject to this application? No
Applicant certifies that the proposed facility complies with the Commission's multiple ownership rules and cross-ownership rules. Yes
Applicant certifies that the proposed facility: (a) does not present an issue under the Commission's policies relating to media interests of immediate family members; (b) complies with the Commission's polices relating to future ownership interests; (c) complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors Yes
Does the Applicant claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds: (a) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or (b) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (c) more than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)? No

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. Yes
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. No
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. Yes
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. Yes
Environmental Effect Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? (See Section 1.1306 of 47 C.F.R.) No
Broadcast Facility The proposed facility complies with all of the following applicable rule sections. 47 C.F.R. Sections 74.709, 74.793(e), 74.793(f), 74.793(g), 74.793(h) Yes
Interference Protection Provisions
The proposed TV station satisfies the interference protection provisions of 47 C.F.R. Section 73.626. Yes
DTS Facility Requirements The combined coverage from all of the DTS transmitters in the proposed DTS facility covers all of the station's authorized service area, as required in 47 C.F.R. Section 73.626(f)(1). Yes
Each DTS transmitter's coverage is contained within either the TV station's Table of Distances area (47 C.F.R. Section 73.626 (c)) or its authorized service area, except where such coverage is of a minimal amount and necessary to meet the requirements of 47 C.F.R. Section 73.626(f)(1). Yes, coverage entirely contained within station s authorized service area
Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's coverage, as required in 47 C.F.R. Section 73.626(e)(3). Yes
The coverage from one or more DTS transmitter(s) in the DTS facility provide(s) principal community coverage, as required in 47 C.F.R. Section 73.626(e)(4). Yes, one transmitter provides principal community coverage
The combined field strength of all of the DTS transmitters in the proposed DTS facility do not cause interference to another station in excess of the criteria specified in 47 C.F.R. Section 73.616, as required in 47 C.F.R. Section 73.626(e)(5).

Note: The combined field strength level shall be determined by a "root-sum-square" calculation, where the combined field strength level at a given location is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location.
Yes
Each DTS transmitter in the proposed DTS facility is located within either the TV station's Table of Distances area or its authorized service area. Yes

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. 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
Auction Authorization Is the applicant submitting an application to obtain a construction permit as a result of winning an auction? No
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

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.

Jeffrey B. Long

Member-Manager


10/31/2017

Attachments

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File Name Uploaded By Attachment Type Description
Form 2100 Mult Ownership Exhibit.pdf Applicant All Purpose Form 2100 Multiple Ownership Exhibit
WHKY_DTS1_Antenna_Information.pdf Applicant Antenna Technical Data ANTENNA INFORMATION
WHKY_DTS1_RF_Hazard_Statement_2.pdf Applicant Construction Permit Certifications RF HAZARD STATEMENT DTS1
WHKY_DTS2_Antenna_Information.pdf Applicant Antenna Technical Data ANTENNA INFORMATION
WHKY_DTS2_RF_Hazard_Statement_3.pdf Applicant Construction Permit Certifications RF HAZARD STATEMENT DTS2
WHKY_DTS_Contour_Map_2.pdf Applicant All Purpose CONTOUR MAP
WHKY_DTS_TVStudy_Analysis_2.pdf Applicant All Purpose TVSTUDY ANALYSIS (HIGHER RESOLUTION PROFILE POINT SPACING REQUESTED)
WHKY-TV Deficiency Letter.pdf Internal All Purpose 30-Day Deficiency Letter