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Licensing and Management System

Approved by OMB 3060-0837
September 2014
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission)Modification of a License for DTV Application

File Number:
0000004580
Submit Date:
09/02/2015
Call Sign:
KUHM-TV
Facility ID:
68717
FRN:
0007148174
State:
Montana
City:
HELENA
Service:
DTV
Purpose:
Modification of License 0000001180
Status:
Granted
Status Date:
09/18/2015
Expiration Date:
04/01/2022
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? No

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

MONTANA STATE UNIVERSITY

ROOM 183

VSB

BOZEMAN, MT 59717

United States

+1 (406) 994-3437 dean_lawver@montanapbs.org Government Entity

Authorization Holder Name

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Dean Lawver

Director of Technology

Montana PBS

Room 183

VCB

Bozeman, MT 59717

United States

+1 (406) 994-3437 dean_lawver@montanapbs.org Technical Representative

Margaret L. Miller

Gray Miller Persh LLP

1200 New Hampshire Ave., NW

Suite 410

Washington, DC 20036

United States

+1 (202) 776-2914 mmiller@graymillerpersh.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?
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 68717
State Montana
City HELENA
DTV Channel 29
Designated Market Area HELENA
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? No
ASR Number
Coordinates (NAD83) Latitude 46° 49' 29.4" N+
Longitude 111° 42' 15.6" W-
Structure Type GTOWER-Guyed Structure Used for Communication Purposes
Overall Structure Height 44.5 meters
Support Structure Height 44.5 meters
Ground Elevation (AMSL) 2357 meters
Antenna Data Height of Radiation Center Above Ground Level 12.2 meters
Height of Radiation Center Above Average Terrain 646.1 meters
Height of Radiation Center Above Mean Sea Level 2369.2 meters

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Directional Custom
Do you have an Antenna ID? Yes
Antenna ID 68037
Antenna Manufacturer and Model Manufacturer: RFS
Model LPR8DM-2540
Rotation 23.0 degrees
Electrical Beam Tilt Not Applicable
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

Directional Antenna Relative Field Values (Pre-rotated Pattern)

DegreeVADegreeVADegreeVADegreeVA
10.260.250.26
0.950.260.250.26
0.80.250.250.23
0.50.230.230.2
0.280.220.220.22
0.220.220.220.28
0.20.230.230.5
0.230.250.250.8
0.260.250.260.95

Additional Azimuths

Degree VA

Operating Constants

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Section Question Response
Transmitter and Transmission Line Transmitter Power Output (TPO):
(average power at input to transmission line, after any filter attached to the transmitter, if used)

-0.51 dBk

0.89 kW

Transmission Line Loss (LL): 0.52 dB
Antenna Input Power (AIP): -1.03 dBk
Max. Antenna Power Gain (AG) 17.4 dB
Effective Radiated Power (ERP)
(Average Power)

16.37 dBk

43.4 kW

Parties to the Application (10)

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Party Name Address Phone Email Positional Interest

ASA HOHMAN

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

4819 CHRISTIAN DR

MISSOULA, MT 59803

United States

+1 (406) 444-6570 RegentHohman@montana.edu
Positional Interest:
STUDENT MEMBER, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

WILLIAM JOHNSTONE

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

8 3RD ST N

GREAT FALLS, MT 59401

United States

+1 (406) 444-6570 RegentJohnstone@montana.edu
Positional Interest:
BOARD MEMBER, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

MARTHA SHEEHY

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

PO BOX 584

BILLINGS, MT 59103

United States

+1 (406) 444-6570 RegentSheehy@montana.edu
Positional Interest:
BOARD MEMBER, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

TERRY LEIST

MONTANA STATE UNIVERSITY

P.O. BOX 172440

BOZEMAN, MT 59717-2440

United States

+1 (406) 994-4361 tleist@montana.edu
Positional Interest:
VP OF FINANCE AND ADMINISTRATION, MONTANA STATE UNIVERSITY
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

MARTHA POTVIN

MONTANA STATE UNIVERSITY

P.O. BOX 172560

BOZEMAN, MT 59717-2560

United States

+1 (406) 994-4371 mpotvin@montana.edu
Positional Interest:
PROVOST, MONTANA STATE UNIVERSITY
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

WADED CRUZADO

MONTANA STATE UNIVERSITY

P.O. BOX 172420

BOZEMAN, MT 59717-2420

United States

+1 (406) 994-2341 president@montana.edu
Positional Interest:
PRESIDENT, MONTANA STATE UNIVERSITY
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

ROBERT A. NYSTUEN

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

PO Box 203201

BOZEMAN, MT 59620

United States

+1 (406) 444-6570 R.nystuen@icloud.com
Positional Interest:
BOARD MEMBER, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

FRAN M. ALBRECHT

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

PO BOX 203201

HELENA, MT 59620

United States

+1 (406) 444-6570 regentalbrecht@montana.edu
Positional Interest:
VICE CHAIR, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

PAUL TUSS

MONTANA UNIVERSITY SYSTEM BOARD OF REGENTS

13 SPRUCE DRIVE

HAVRE, MT 59501

United States

+1 (406) 444-6570 ptuss@bearpaw.org
Positional Interest:
CHAIR, BOARD OF REGENTS
Citizenship:
United States
Percentage of Votes:
16.6%
Percentage of Total Assets:
0%

MONTANA STATE UNIVERSITY N/A

MONTANA STATE UNIVERSITY

MONTANA HALL

BOZEMAN, MT 59717

United States

+1 (406) 994-0211 feedback@montanapbs.org
Positional Interest:
ENTITY
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
100%

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).

License Certifications

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Section Question Response
Main Studio Location The main studio location complies with 47 C.F.R. Section 73.1125. No
Country US
PO Box
Address Line 1 183 VCB
Address Line 2
City Bozeman
State MT
Zip Code 59717
Phone +1 (406) 994-3437
Constructed Facility The facility constructed as authorized in the underlying construction permit.
Special Operating Conditions The facility was constructed in compliance with all special operating conditions, terms, and obligations described in the construction permit.

An exhibit may be required. Review the underlying construction permit.

Yes
Transmitter The transmitter complies with 47 C.F.R. Section 73.1660. Yes
Changing Transmitter Power Output Is this application being filed to authorize a change in transmitter power output caused by the replacement of an omnidirectional antenna with another omnidirectional antenna or an alteration of the transmission line system? See 47 C.F.R. Sections 73.1690(c)(1) and (c)(10). No
Replacing a Directional Antenna Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(3) to replace a directional antenna with another directional antenna? No
The proposed theoretical antenna pattern complies with 47 C.F.R. Section 73.1690(c)(3).
Use a formerly licensed main facility as an auxiliary facility Is this application being filed pursuant to 47 C.F.R. Section 73.1675(c)(1) to request authorization to use a formerly licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility? No
The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a).
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)

Point System Factors

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Section Question Response
Established Local Applicant Applicant certifies that for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained, and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation. Yes(3 points)
Diversity of Ownership Applicant certifies that the principal community (city grade) contour of the proposed station does not overlap the principal community contour of any other authorized station (comparing radio to radio and television to television, including non-fill-in translator stations other than those identified in question below) in which any party to the application has an attributable interest as defined in 47 C.F.R. Section 73.3555, that its governing documents require that such diversity be maintained, and that it has placed documentation of its diversity qualifications in a local public inspection file and has submitted to the Commission copies of the documentation. Yes(2 points)
Is the applicant's certification to the above question based on its exclusion of translator station(s) that will be replaced with a full service station pursuant to the authorization requested here? No
State-wide Network Applicant certifies that (a) it has NOT claimed a credit for diversity of ownership above; (b) it is one of the three specific types of organizations described in 47 C.F.R. Section 73.7003(b)(3); and (c) it has placed documentation of its qualifications in a local public inspection file and has submitted to the Commission copies of the documentation. Yes(2 points)
Technical Parameters Applicant certifies that the numbers in the boxes below accurately reflect the new area and population that its proposal would serve with a 60 dBu (FM) or noise-limited (TV) signal measured in accordance with the standard predicted contours in 47 C.F.R. Sections 73.313(c) (FM) and 73.622(e) and that it has documented the basis for its calculations in the local public inspection file and has submitted copies to the Commission. Major modification applicants should include new area proposed only (exclude any area already within the station's existing service area). (Points, if any, will be determined by FCC). Yes
New area served in square kilometers (excluding areas of water): 0
Population served based on the most recent census block data from the United States: 0

Legal Certifications

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Section Question Response
Obligations Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met. Yes
Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect. Yes
Eligibility The applicant certifies that it is a: Nonprofit educational institution
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 19830906
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.
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. Yes
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.

Dean Lawver

Director of Technology, MontanaPBS


09/02/2015

Attachments

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File Name Uploaded By Attachment Type Description
KMTF Main Studio Waiver Request.pdf Applicant License Certifications Main Studio Waiver Request
KMTF NCE Mod of License for NCE Status.pdf Applicant All Purpose Modification of License for Noncommercial Status - Explanation of Filing
KUHM-TV letter 9-18-15.pdf Internal All Purpose