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 a Low Power FM Station Construction Permit Application

File Number:
0000232747
Submit Date:
04/19/2024
Lead Call Sign:
NEW
Facility ID:
788093


FRN:
0034583690
Service:
Low Power FM
Purpose:
Construction Permit Amendment
Status:
Granted
Status Date:
04/22/2024
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

Artists' Open Studio

Matthew Beebe

32 E. Main St.

Norwalk, OH 44857

United States

+1 (419) 706-3448

grandpabeebe@gmail.com

NFP

Contact Information (3)

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Contact Name Address Phone Email Contact Type

Matthew Beebe

Artists' Open Studio

Matthew Beebe

91 Zenobia Rd.

B

NORWALK, OH 44857

United States

+1 (419) 706-3448

grandpabeebe@gmail.com

Legal Representative

Lindsey Esker

Artists Open Studio

104 Squires Ct.

South Amherst, OH 44001

United States

+1 (818) 577-7452

lesker80@gmail.com

Legal Representative

Jackie Hug

Artists Open Studio

40 Breezewood Dr.

Norwalk, OH 44857

United States

+1 (419) 681-5191

artistsopenstudio.inc@gmail.com

Legal Representative

Parties to the Application (6)

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Party Name Address Phone Email Positional Interest

Jackie Hug

Artists Open Studio

40 Breezewood Dr.

Norwalk, OH 44857

United States

+1 (419) 681-5191

artistsopenstudio.inc@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
30%
Percentage of Total Assets:
0%

Mark Graibus

23950 Pitts Rd

Wellington, OH 44090

United States

+1 (440) 315-8838

mgraibus@gmail.com

Positional Interest:
General Partner
Citizenship:
United States
Percentage of Votes:
10%
Percentage of Total Assets:
0%

Lindsey Esker

Artists Open Studio

104 Squires Ct.

South Amherst, OH 44001

United States

+1 (818) 577-7452

lesker80@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
30%
Percentage of Total Assets:
0%

Matthew Beebe

91 Zenobia Rd. B

NORWALK, OH 44857

United States

+1 (419) 706-3448

grandpabeebe@gmail.com

Positional Interest:
General Partner
Citizenship:
United States
Percentage of Votes:
10%
Percentage of Total Assets:
100%

Cory Webb

5 Arlington Circle

Norwalk, OH 44857

United States

+1 (419) 239-6161

webbthegunner@gmail.com

Positional Interest:
General Partner
Citizenship:
United States
Percentage of Votes:
10%
Percentage of Total Assets:
0%

Keelie Webb

119 Huntington Place

Sandusky, OH 44870

United States

+1 (419) 706-2142

aos.volunteers@gmail.com

Positional Interest:
General Partner
Citizenship:
United States
Percentage of Votes:
10%
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 Yes
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:
36 Woodlawn Ave.
Address Line 1:
City: Norwalk
State: OH
Zip Code: 44857
Phone: 4197063448
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. Yes
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). 12/21/2005
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 Norwalk
Channel 300
Frequency 107.9

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 41° 14' 34.0" N+
Longitude 082° 36' 34.0" W-
Structure Type MAST-Self-support struct
Overall Structure Height 18 meters
Support Structure Height 18 meters
Ground Elevation (AMSL) 215 meters
Antenna Data Height of Radiation Center Above Ground Level Horizontal:18 meters Vertical:18 meters
Height of Radiation Center Above Mean Sea Level Horizontal:233 meters Vertical:233 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. Yes
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. Matthew Beebe , Beebe .
audio engineer

04/19/2024

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
Amendment FCC application for AOS.pdf Applicant Amendment We needed to amend this application as I slightly misunderstood the question. Done with Virus Scan and/or Conversion
AOS 501c3 IRS.pdf Applicant Legal Certifications Document showing our non-profit has a current 501c3 status Done with Virus Scan and/or Conversion
AOS radio history exhibit.pdf Applicant Point System Factor/Tie Breakers This is a quick summary of the historical dates when AOS became incorporated as a non-profit Done with Virus Scan and/or Conversion
AOS radio scheduling exhibit 2.pdf Applicant This describes our non-profit and our plans for the original educational radio programming Done with Virus Scan and/or Conversion