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 an AM Station Construction Permit Application

File Number:
BNP-20050118AAM
Submit Date:
01/18/2005
Lead Call Sign:
KTXW
FRN:
0025927716
Service:
Full Power AM
Purpose:
Construction Permit Amendment
Status:
Superceded
Status Date:
05/07/2008
Filing Status:
Inactive


General Information

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

Fees, Waivers, and Exemptions

Section Question Response
Fees Is the applicant exempt from FCC application Fees? Yes
Indicate reason for fee exemption: AMENDMENT TO PENDING APPLICATION
Is the applicant exempt from FCC regulatory Fees?
Waivers Does this filing request a waiver of the Commission's rule(s)?
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

JNE INVESTMENTS, INC.

Applicant

Doing Business As: JNE INVESTMENTS, INC.

P.O. BOX 60991

PALO ALTO, CA 94306

United States

+1 (650) 856-6823

Company

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

TIMOTHY C. CUTFORTH, P.E.

CONSULTING ENGINEER

VIR JAMES ENGINEERS

965 S. IRVING ST.

DENVER, CO 80219

United States

+1 (303) 937-1900

TCUT4TH@ATT.NET

Technical Representative

CHRISTOPHER D. IMLAY, ESQ.

BOOTH, FRERET, IMLAY & TEPPER P.C.

14356 CAPE MAY ROAD

SILVER SPRING, MD 20904-6011

United States

+1 (301) 384-5525

BFITPC@AOL.COM

Legal Representative

Parties to the Application (3)

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Party Name Address Phone Email Positional Interest

JEFFREY N. EUSTIS, P.O. BOX 60991, PALO ALTO, CA 94306

Positional Interest:
PRESIDENT OF APPLICANT AND TRUSTEE OF VALUE INVESTMENT TRUST
Citizenship:
United States
Percentage of Votes:
null%
Percentage of Total Assets:
null%

VALUE INVESTMENT TRUST, P.O. BOX 60991, PALO ALTO, CA 94306

Positional Interest:
PRINCIPAL OF APPLICANT
Citizenship:
United States
Percentage of Votes:
100%
Percentage of Total Assets:
100%

JNE INVESTMENTS, INC., P.O. BOX 60991, PALO ALTO, CA 94306

Positional Interest:
APPLICANT
Citizenship:
United States
Percentage of Votes:
null%
Percentage of Total Assets:
null%

Attributable Interest

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Section Question Response
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?
Applicant certifies that the proposed facility complies with the Commission's multiple ownership rules and cross-ownership rules.
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 policies 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
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)?

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))

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 Applicant certifies that, with respect to the applicant and any party to the application, and any non-party equity owner in the applicant, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. 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

Frequency and Facility Information

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Section Question Response
Filing Type of License filing type
Proposed Community of License State Texas
City Manor
Facility Information Frequency 1120
Service Type Main
Facility Type Commercial
Class B
Modes/Hour of Operation Modes/Hour of Operation Daytime, NightTime

Antenna Summary Data

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Directional Antenna Data - Daytime

Section Question Response
Parameters Power 0.250
Latitude 30° 20` 51.7N
Longitude 97° 31` 24.0W
Site Elevation
Theoretical RMS 141.91
Standard RMS 149.43
Specified Q
Excitation
Augmentation Augmentation N
Augmentation RMS
Augmentation Table
Central Azimuth (degrees) Span (degrees) Radiation at Central Azimuth (mV/m)
Site Plat and Tower Sketch Attach an antenna site plat and a tower sketch. The antenna site plat should clearly show the following items: Boundary lines, roads, railroads, other obstructions, and the ground system or counterpoise. Number and dimensions of ground radials or height and dimensions of counterpoise. Spacing and orientation of each element in the array with respect to true north. A scale in meters. The tower sketch should include site elevation, radiator height above base insulator, tower height above ground level, overall tower height above ground without obstruction lighting, and overall height above ground with obstruction lighting.

Directional Antenna : Tower - 1

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number?
ASR Number
Parameters Overall height above ground (including obstruction lighting) 53
Height of radiator above base insulator, or above base, if grounded 52.1
Electrical height of radiator 70.0
Field Ratio 0.29
Phase 0
Spacing 0
Tower Orientation 0
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? Neither
Tower Parameters A
B
C
D

Directional Antenna : Tower - 2

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number?
ASR Number
Parameters Overall height above ground (including obstruction lighting) 53
Height of radiator above base insulator, or above base, if grounded 52.1
Electrical height of radiator 70.0
Field Ratio 0.86
Phase 161
Spacing 81
Tower Orientation 118
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? Neither
Tower Parameters A
B
C
D

Directional Antenna : Tower - 3

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number?
ASR Number
Parameters Overall height above ground (including obstruction lighting) 53
Height of radiator above base insulator, or above base, if grounded 52.1
Electrical height of radiator 70.0
Field Ratio 1
Phase -38
Spacing 162
Tower Orientation 118
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? Neither
Tower Parameters A
B
C
D

Directional Antenna : Tower - 4

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number?
ASR Number
Parameters Overall height above ground (including obstruction lighting) 53
Height of radiator above base insulator, or above base, if grounded 52.1
Electrical height of radiator 70.0
Field Ratio 0.45
Phase 123
Spacing 243
Tower Orientation 118
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? Neither
Tower Parameters A
B
C
D

Directional Antenna Data - Nighttime

Section Question Response
Parameters Power 0.153
Latitude 30° 20` 51.7N
Longitude 97° 31` 24.0W
Site Elevation
Theoretical RMS 141.27
Standard RMS 148.7
Specified Q
Excitation
Augmentation Augmentation N
Augmentation RMS
Augmentation Table
Central Azimuth (degrees) Span (degrees) Radiation at Central Azimuth (mV/m)
Site Plat and Tower Sketch Attach an antenna site plat and a tower sketch. The antenna site plat should clearly show the following items: Boundary lines, roads, railroads, other obstructions, and the ground system or counterpoise. Number and dimensions of ground radials or height and dimensions of counterpoise. Spacing and orientation of each element in the array with respect to true north. A scale in meters. The tower sketch should include site elevation, radiator height above base insulator, tower height above ground level, overall tower height above ground without obstruction lighting, and overall height above ground with obstruction lighting.

Directional Antenna : Tower - 1

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number? Yes
ASR Number 1260723
Parameters Overall height above ground (including obstruction lighting) 91.3
Height of radiator above base insulator, or above base, if grounded 89.3
Electrical height of radiator
Field Ratio 1
Phase 0
Spacing 0
Tower Orientation 0
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? TopLoaded
Tower Parameters A 120.0
B 108.0
C
D

Directional Antenna : Tower - 2

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number? Yes
ASR Number 1260722
Parameters Overall height above ground (including obstruction lighting) 91.3
Height of radiator above base insulator, or above base, if grounded 89.3
Electrical height of radiator
Field Ratio 0.538
Phase 85
Spacing 140
Tower Orientation 38
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? TopLoaded
Tower Parameters A 120.0
B 108.0
C
D

Directional Antenna : Tower - 3

Section Question Response
ASR Number Do you have an FCC Antenna Structure Registration (ASR) Number? Yes
ASR Number 1260724
Parameters Overall height above ground (including obstruction lighting) 91.3
Height of radiator above base insulator, or above base, if grounded 89.3
Electrical height of radiator
Field Ratio 0.538
Phase -85
Spacing 140
Tower Orientation 218
Tower Reference Switch 0
Is the tower toploaded, sectionalized, or neither? TopLoaded
Tower Parameters A 120.0
B 108.0
C
D

License 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) Yes
Broadcast Facility Does the proposed facility comply with the applicable engineering standards and assignment requirements of 47 C.F.R. Sections 73.21, 73.23, 73.24, 73.33, 73.37, 73.45, 73.150, 73.152, 73.160, 73.182, 73.186, 73.187, 73.189, and 73.1650?
Dispositive Section 307(b) Preference Was the AM facility that is the subject of this application awarded on the basis of a dispositive Section 307(b) preference?
Applicant certifies that: (I) the community of license proposed in the subject application is the same as that on which the Section 307(b) preference was based, or (II) as shown in the attached Exhibit, the service area proposed in the subject application is substantially equivalent to the service area on which the Section 307(b) preference was based.
Applicant certifies that, although in the subject application it proposes to: (i) change the community of license, or (ii) modify service to the area on which the Section 307(b) preference was based, it has for a period of four years of on-air operations: (1) served the community of license, or (2) provided full service to the area on which the Section 307(b) preference was based.

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 declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above. JEFFREY N. EUSTIS


Attachments

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File Name Uploaded By Attachment Type Description Upload Status
1200159_3265759.pdf Applicant All Purpose engineering statement with graphs and tabulations Done with Virus Scan and/or Conversion
1200159_3265760.pdf Applicant All Purpose aerial photo of site Done with Virus Scan and/or Conversion
1200159_3265761.pdf Applicant All Purpose AMENDED Engineering Statement and Schedules responsive to 30-day letter Done with Virus Scan and/or Conversion
1200159_3265762.pdf Applicant All Purpose city grade coverage map exhibit Done with Virus Scan and/or Conversion
1200159_3265763.pdf Applicant All Purpose m3 type allocations study map exhibit Done with Virus Scan and/or Conversion
1200159_3272737.pdf Applicant All Purpose FURTHER AMENDED ENGINEERING STATEMENT IN RESPONSE TO DISMISSAL LETTER Done with Virus Scan and/or Conversion
1200159_519181.txt Applicant All Purpose SECTIONS AMENDED Done with Virus Scan and/or Conversion
1200159_519182.txt Applicant All Purpose OTHER MEDIA INTERESTS OF APPLICANT AND ITS PRINCIPALS Done with Virus Scan and/or Conversion
1200159_519183.txt Applicant All Purpose COMPLIANCE WITH DUOPOLY AND MULTIPLE OWNERSHIP RULES Done with Virus Scan and/or Conversion
1200159_519184.txt Applicant All Purpose ENGINEERING STATEMENT AND SUPPORTING SCHEDULES Done with Virus Scan and/or Conversion
1200159_519185.txt Applicant All Purpose SKYWAVE COMPLIANCE Done with Virus Scan and/or Conversion
1200159_519186.txt Applicant All Purpose CRITICAL HOURS INTERFERENCE COMPLIANCE Done with Virus Scan and/or Conversion
1200159_6078439.pdf Applicant All Purpose engineering statement with graphs and tabulations Done with Virus Scan and/or Conversion
1200159_6078440.pdf Applicant All Purpose aerial photo of site Done with Virus Scan and/or Conversion
1200159_6078441.pdf Applicant All Purpose AMENDED Engineering Statement and Schedules responsive to 30-day letter Done with Virus Scan and/or Conversion
1200159_6078442.pdf Applicant All Purpose FURTHER AMENDED ENGINEERING STATEMENT IN RESPONSE TO DISMISSAL LETTER Done with Virus Scan and/or Conversion
1200159_6078443.pdf Applicant All Purpose city grade coverage map exhibit Done with Virus Scan and/or Conversion
1200159_6078444.pdf Applicant All Purpose m3 type allocations study map exhibit Done with Virus Scan and/or Conversion