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

Licensing and Management System

Approved by OMB 3060-0016
December 2014
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission)Modification of a Licensed Facility for LPTV Station Application

File Number:
0000035172
Submit Date:
11/13/2017
Call Sign:
KPHE-LD
Facility ID:
168602
FRN:
0018223693
State:
Arizona
City:
PHOENIX
Service:
LPD
Purpose:
Minor Modification BLDTL-20090326ADB
Status:
Granted
Status Date:
01/10/2018
Expiration Date:
01/10/2021
Filing Status:
Active


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?

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

LOTUS TV OF PHOENIX LLC

Doing Business As: LOTUS TV OF PHOENIX LLC

Jay Levine

c/o Lotus Communications Corp.

3301 Barham Boulevard, Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 headquarters@lotuscorp.com Limited Liability Company

Authorization Holder Name

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Eileen Breslin

Lawyer

McLaughlin & Stern, LLC

1010 Northern Boulevard

Great Neck, NY 11021

United States

+1 (516) 467-5421 ebreslin@ackermanlevine.com Legal Representative

Scott Turpie

Technical Consultant

Lohnes & Culver LLC

PO Box 881

Silver Spring, MD 20918-0881

United States

+1 (301) 776-4488 scott@locul.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? 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
Facility ID 168602
State Arizona
City PHOENIX
LPD Channel 16

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 1002070
Coordinates (NAD83) Latitude 33° 20' 01.0" N+
Longitude 112° 03' 48.0" W-
Structure Type TOWER-A free standing or guyed struct
Overall Structure Height 104.5 meters
Support Structure Height 74.0 meters
Ground Elevation (AMSL) 810.7 meters
Antenna Data Height of Radiation Center Above Ground Level 27.7 meters
Height of Radiation Center Above Mean Sea Level 838.4 meters
Effective Radiated Power 15 kW

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 1002604
Antenna Manufacturer and Model Manufacturer: Dielectric
Model TUA-C2/6-1-SM
Rotation 0 degrees
Electrical Beam Tilt 2.0
Mechanical Beam Tilt Not Applicable
toward azimuth
Polarization Horizontal
Elevation Radiation 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
Out-of-Channel Emission Mask: Simple

Directional Antenna Relative Field Values (Pre-rotated Pattern)

DegreeValueDegreeValueDegreeValueDegreeValue
0.8890.4610.0300.456
0.7820.2920.0170.631
0.7220.1560.0150.791
0.8730.0630.0280.911
0.9890.0310.0320.979
1.0000.0300.0320.981
0.9410.0220.0630.874
0.8120.0220.1550.753
0.6420.0310.2900.826

Additional Azimuths

Degree VA
315 0.995

Parties to the Application (9)

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Party Name Address Phone Email Positional Interest

William Kalmenson

Lotus Communications Corp., Sole Member

3301 Barham Boulevard

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Lilli Kalmenson Rosenbloom

Director and Officer of Lotus Communications Corp., Sole Member, and each licensee subsidiary

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 312-2225 Headquarters@LotusCorp.com
Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

The Lilli Kalmenson Rosenbloom Trust (Lilli Kalmenson Rosenbloom, Trustee)

Lotus Communications Corp., Sole Member

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Stockholder of Sole Member
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
22%

The Howard A. Kalmenson Trust (Howard A. Kalmenson, Trustee)

Lotus Communications Corp., Sole Member

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Stockholder of Sole Member
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
22%

K. Jasmin Dorismond

Lotus TV of Phoenix, LLC and other licensees of commonly controlled stations

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Melissa B. Frederick

Lotus TV of Phoenix, LLC and other licensees of commonly controlled stations

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Jay A. Levine

Lotus TV of Phoenix LLC, Lotus Communications Corp., Sole Member, and each licensee subsidiary

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

James Kalmenson

Lotus TV of Phoenix, LLC, Lotus Communications Corp., Sole Member, and each licensee subsidiary

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Howard A. Kalmenson

Lotus TV of Phoenix LLC, Lotus Communications Corp., Sole Member, and each licensee subsidiary

3301 Barham Boulevard

Suite 200

Los Angeles, CA 90068

United States

+1 (323) 512-2225 Headquarters@LotusCorp.com
Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
100%
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) 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

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
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.

Jay A. Levine

Senior Vice President


11/13/2017

Attachments

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File Name Uploaded By Attachment Type Description
KPHE-LD16_TechnicalExhibit.pdf Applicant All Purpose Technical Statement
Lotus Station List 9Nov17.pdf Applicant Attributable Interest Station List