Approved by OMB 3060-0027
September 2014
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission) New Low Power FM Station Construction Permit Application

File Number:
0000231751
Submit Date:
12/06/2023
Lead Call Sign:
NEW
Facility ID:
778001


FRN:
0003005030
Service:
Low Power FM
Purpose:
Construction Permit
Status:
Granted
Status Date:
02/12/2024
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:

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

Marietta College

Marilee Morrow

215 Fifth Street

Marietta, OH 45750

United States

+1 (740) 376-4828

Morrowa@Marietta.edu

PNE

Contact Information (1)

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Contact Name Address Phone Email Contact Type

Thomas Taggart

Attorney

733 Fourth Street

Marietta, OH 45750

United States

+1 (740) 568-8170

tpt@Eurekanet.com

Legal Representative

Parties to the Application (27)

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Party Name Address Phone Email Positional Interest

Matthew Weekley

Retired

412 Hickory Lane

Westerville, OH 53081

United States

+1 (614) 766-0735

Mattweekley05@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Marc Ponchione

Attorney

C/O Debevoise & Plimpton 803 Pennsylvania Ave. NW

Washington, DC 20004

United States

+1 (202) 383-8290

Debevoise-media@debevoise.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

James Wilson

SLOFT Group (management consultants)

C/O SLOFT Group 1103 Kensington Rd.

McLean, VA 22101

United States

+1 (571) 286-9491

jaswilson@SLOFLT.Com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

James Fryfogle

Plains All American Pipeline

C/O Plains All American Pipeline LLC 333 Clay, Suite 1600

Houston, TX 77002

United States

+1 (713) 646-4100

jfryfogle@comcast.net

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Fred Bentley

Dexko Global

C/O Dexko Global 39555 Orchard Hill Place, Suite 255

Novi, MI 48375

United States

+1 (248) 533-0249

fbentley@dexko.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Kathryn Moriarty Bailey

Peoples Bank Corp.

C/O Peoples Bank 138 Putnam Street

Marietta, OH 45750

United States

+1 (740) 373-3155

Kathryn.Bailey@pebo.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Doug Ankrom

Controller

Marietta College

215 Fifth Street

Marietta, OH 45750

United States

+1 (740) 376-4928

ankromd@marietta.edu

Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Mark Miller

Board Secretary, associate Provost

Marietta College

512 Cutler Street

Marietta, OH 45750

United States

+1 (740) 376-4811

millerr@marietta.edu

Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Kathleen Dougherty

Provost

Marietta College

215 Fifth Street

Marietta, OH 45750

United States

+1 (740) 376-4741

kad007@marietta.edu

Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Michael Bruce

CFO

Marietta College

215 fifth Street

Marietta, OH 45750

United States

+1 (740) 376-4720

jmb031@marietta.edu

Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Margaret L. Drugovich

President

Marietta College

215 Fifth Street

Marietta, OH 45750

United States

+1 (740) 376-4701

president@marietta.edu

Positional Interest:
Officer
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

Clyde Wootton

Retired

11116 Brass Kettle Rd.

Raleigh, NC 27614

United States

+1 (918) 645-1024

clydenmt@outlook.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Leslie Straub Ritter

Square Knot, LLC (management consulting)

3517 Pinehurst Circle

Dallas, TX 75234

United States

+1 (214) 632-0287

lcritter@aol.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Stephanie Esparza Peloquin

Finance Manager, American Styrenics

C/O America's Styrenics 24 Waterway Ave., Suite 1200

The Woodlands, TX 77380

United States

+1 (832) 616-7800

Stephanie.k.e.peloquin@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Rochelle Schrecongost Goodwin

West Virginia University

1548 Hampton Road

Charleston, WV 25314

United States

+1 (304) 400-4963

rochelle.goodwin@mail.wvu.edu

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Andrew Ferguson

UBS Financial Group

C/O UBS Peninsula Financial Group 750 University Ave., Suite 250

Los Gatos, CA 95032

United States

+1 (408) 282-8418

Ferguson24Andrew@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

George Fenton

Fenton Art Glass

C/O Fenton Art Glass 2242 Williams Hwy., Suite 108

Williamstown, WV 26187

United States

+1 (304) 375-7772

askfenton@fentonartglass.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Janice Downey Donoghue

Retired

2 South Drive

Plandome, NY 11030

United States

+1 (516) 627-5285

Jad1231456@aol.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Kevin O'Neill

Accertitude, (executive search firm)

High Street

South Kingstown, RI 02879

United States

+1 (401) 749-1000

koneill@acertitude.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Michael Moffitt

Law Professor, U. of Oregon law school

75 Constantine Place

Eugeneo, OR 97405

United States

+1 (541) 346-0506

mmoffitt@uoregon.edu

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Diann Krivchenia

Retired educator

1496 Glendale Road

Marietta, OH 45750

United States

+1 (740) 373-0944

dkrivchenia@yahoo.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Mary Studders Korn

Board chair

Private equity/consultant

1199 Britton Ave.

San Jose, CA 95125

United States

+1 (408) 497-5006

Mary.Korn@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Jack Hopkins

Jack Hopkins Consulting

8628 Plover Drive

Kalamazoo, MI 49009

United States

+1 (269) 375-8452

Jhopkins.consulting@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

David Hill

Retired oil and gas executive

13620 Gulf Blvd, Unit 400B

Madeira Beach, FL 33708

United States

+1 (303) 810-7666

Dghill50@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Danielle Cisler

Insight2Profit (financial advisor)

C/O Insight2Profit 3333Richmond Road, Suite 200

Beachwood, OH 44122

United States

+1 (215) 538-6390

dlcisler@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Brian Brucken

Botprise (software development)

4679 Paxton Road

Akron, OH 44321

United States

+1 (330) 620-2960

Brian.brucken@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
Percentage of Total Assets:
0%

Robert Brucken

Retired attorney

2181 Ambleside Drive

Cleveland, OH 44106

United States

+1 (216) 314-4635

rmbrucken@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
4.5%
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 listed in the Parties to the Application section are non-attributable pursuant to the notes to 47 C.F.R. Section 73.3555. Yes

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)) No
3) Is the applicant a corporation, or non-corporate entity, that is organized under the laws of any foreign government? (Section 310(b)(2)) No
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)) No
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)) No
6) Has the applicant received a declaratory ruling(s) under Section 310(b)(4) of the Communications Act? No
6a) Enter the citation of the applicable declaratory ruling by DA/FCC number or the 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.
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? No

Legal Certifications

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Section Question Response
Eligibility Certifications The applicant certifies that it is a: Nonprofit educational institution
If the answer is "Yes" and the applicant is submitting multiple applications, is this application the "priority" application? See Creation of a Low Power Radio Service, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 19208, 19239-40, 79-80, paras. 79-80 (2000).
Community-Based Criteria Applicants must certify that they are local to be eligible for LPFM authorizations. An applicant must select "yes" to at least one of the certifications below to be eligible for an LPFM license. The applicant certifies that:
It is a nonprofit educational institution or organization that is physically headquartered or has a campus within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, or 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application Yes
It is a nonprofit educational institution or organization that has 75 percent of its board members residing within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, or 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application No
It is a Tribe and its Tribal Lands, as that term is defined in Section 73.7000 of the Commission's rules, are within the service area of the proposed LPFM station; or it is a Tribal organization owned or controlled by a Tribe (or Tribes) and such Tribe's (or Tribes') Tribal Lands, as that term is defined in Section 73.7000 of the Commission's rules, are within the service area of the proposed LPFM station. See 47 C.F.R. Sections 73.853(c) and 73.7000. No
It proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station. No
Ownership The applicant certifies that:
no party to this application has an attributable interest in any low power FM broadcast station Yes
No party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's broadcast ownership restrictions No
No party to this application has pending an application for a low power FM, full power AM or FM station, FM translator station, or full or low power television station; Yes
The applicant is in compliance with the Commission's policies relating to media interests of immediate family members; and Yes
The applicant is in compliance with the Commission's policies relating to investor insulation and the non-participation of non-party investors and creditors. Yes
Character Issues Applicant certifies that neither the 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 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, 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 laws related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. Yes
Unlicensed Operation The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301. Yes

Point System Factors

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New station and major change LPFM applicants must complete the following questions. Point system factors are used only for selection among mutually exclusive applications for new LPFM stations and major modifications of authorized LPFM stations. Mutually exclusive applicants will be awarded one point for each of the following:

Section Question Response
Established Community Presence The applicant certifies that it is a: Nonprofit Educational Institutions and Organizations. The applicant certifies that, for a period of at least two years prior to the date of this application, it has existed as a nonprofit educational institution or organization and has been physically headquartered, has had a campus, or has had seventy-five percent of its board members residing within 16.1 kilometers (10 miles), for the top 50 urban markets, or 32.1 kilometers (20 miles), outside the top 50 urban markets, of the coordinates of the proposed transmitting antenna.
Local Program Origination The applicant pledges to originate locally at least eight hours of programming per day. Yes
Main Studio The applicant pledges to maintain a publicly accessible main studio that has local program origination capability, is reachable by telephone, is staffed at least 20 hours per week between 7 a.m. and 10 p.m., and is located within 16.1 kilometers (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets and 32.1 kilometers (20 miles) for applicants outside the top 50 urban markets. Yes
An applicant claiming a point under the main studio criterion must provide the proposed address and telephone number for the main studio.

Address Line 1:
508 Putnam Street
Address Line 1:
City: Marietta
State: OH
Zip Code: 45750
Phone: 7403764802
Local Program Origination and Main Studio The applicant certifies that it qualifies for a point under both the local program origination and the main studio criteria. Yes
Diversity of Ownership The applicant certifies that neither it nor any party to the application holds an attributable interest in any other broadcast station. No
Tribes or Tribal Organizations The applicant certifies it is a Tribe proposing to locate its transmitting antenna site on its Tribal Lands, or a Tribal organization proposing to locate its transmitting antenna site on the Tribal Lands of the Tribe or Tribes that own or control more than 51 percent of the organization. No

Involuntary Time-Share Information

New station and major change applicants must complete the following questions.

This information will be used only for selection among mutually exclusive applications for the new LPFM stations and major modification of authorized LPFM stations and only in the event that two or more applications are tied after the point system analysis. See 47 C.F.R. Section 73.872

Section Question Response
Established Community Presence Provide the date on which the applicant qualified as local. See 47 C.F.R. Section 73.853(b). 02/14/1835
Applicant certifies that it has remained local at all times since this date. Yes

Channel and Facility Information

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Section Question Response
Proposed Community of License State Ohio
City Marietta
Channel 248
Frequency 97.5

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 1222994
Coordinates (NAD83) Latitude 39° 25' 08.0" N+
Longitude 081° 26' 33.0" W-
Structure Type GTOWER-Guyed Structure Used for Communication Purposes
Overall Structure Height 75 meters
Support Structure Height 74 meters
Ground Elevation (AMSL) 238 meters
Antenna Data Height of Radiation Center Above Ground Level Horizontal:24 meters Vertical:24 meters
Height of Radiation Center Above Mean Sea Level Horizontal:262 meters Vertical:262 meters
Minimum Effective Radiated Power Horizontal: 50.0 W Vertical: 50.0 W
Maximum Effective Radiated Power Horizontal: 100.0 W Vertical: 100.0 W

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Non-Directional

Directional Antenna Relative Field Value

Degree Value Degree Value Degree Value Degree Value

Additional Azimuths

Degree Value

Technical 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
Interference Does the applicant certify that the proposed facility complies with the engineering requirements of 47 CFR Section 73.807(a) through (g), and 73.825? Yes
Reasonable Site Assurance Applicant certifies that it has reasonable assurance in good faith that the site or proposed structure at the location of its transmitting antenna will be available to the applicant for the applicant’s intended purpose. Yes
If reasonable assurance is not based on applicant’s ownership of the proposed site or structure, applicant certifies that it has obtained such reasonable assurance by contacting the owner or person possessing control of the site or structure. N/A
Name of the person contacted
Phone number of the person contacted
Person contacted is

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. Margaret L. Drugovich
President

12/06/2023

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
Marietta College Cross Ownership Exhibit.pdf Applicant Attributable Interest Exempt Attributable Interest Done with Virus Scan and/or Conversion
Marietta College LPFM eligibility.pdf Applicant Legal Certifications Eligibility Done with Virus Scan and/or Conversion
Marietta College Technical Exhibit.pdf Applicant Technical Certifications Comprehensive Technical Exhibit Done with Virus Scan and/or Conversion
Marietta College Trustees Interests.pdf Applicant Attributable Interest Interests of trustees, officers Done with Virus Scan and/or Conversion
Marietta LPFM Comparative.pdf Applicant Point System Factor/Tie Breakers Point System Factors Done with Virus Scan and/or Conversion