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

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

File Number:
0000029685
Submit Date:
09/06/2017
Lead Call Sign:
WGCB-TV
Facility ID:
55350


FRN:
0006620066
Service:
Full Service Television
Purpose:
Minor Modification (Sharing)
Status:
Granted
Status Date:
09/15/2017
Filing Status:
Inactive


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
Fees Is the applicant exempt from FCC application Fees? No
Indicate reason for fee exemption:
Is the applicant exempt from FCC regulatory Fees? No
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

Application Type Call Sign Facility ID Fee Code Fee Amount
Minor Modification (Sharing) MPT $1,070.00
      Total

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

NRJ TV RL LICENSE CO., LLC

Robert Andrews

722 S. DENTON TAP ROAD

SUITE 130

COPPELL, TX 75019

United States

+1 (972) 947-3391

bob@nrjventures.com

LLC

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

Robert Andrews

NRJ TV RL LICENSE CO., LLC

Robert Andrews

722 S. DENTON TAP ROAD

SUITE 130

COPPELL, TX 75019

United States

+1 (972) 947-3391

bob@nrjventures.com

Licensee

Ari Meltzer

Wiley Rein LLP

1776 K Street NW

Washington, DC 20006

United States

+1 (202) 719-7467

ameltzer@wileyrein.com

Legal Representative

Basic Eligibility 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

Parties to the Application (0)

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Party Name Address Phone Email Positional Interest



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.
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s).
Broadcast Incubator Program Is the proposed facility the subject of an incubation proposal or a ‘reward’ waiver request under the Commission’s Broadcast Incubator Program?
Multiple Ownership Is the applicant or any party to the application the holder of an attributable radio joint sales agreement or an attributable radio time brokerage agreement in the same market as the station subject to this application? No
Applicant certifies that the proposed facility complies with the Commission's multiple ownership rules. Yes
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; and (c) complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors. Yes
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)? No

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 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?

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.
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.
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.
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.
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.
Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
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.
Operational Compliance Applicant certifies that it is not the licensee or permittee of the commercial primary station being rebroadcast and that neither it nor any parties to the application have any interest in or connection with the commercial primary station being rebroadcast? See 47 C.F.R. Section 74.1232(d).
Applicant certifies that the FM translator's (a) 1mV/m coverage contour does not extend beyond the protected contour of the commercial FM primary station to be rebroadcast, or (b) entire 1mV/m coverage contour is contained within the greater of either: (i) the 2 mV/m daytime contour of the commercial AM primary station to be rebroadcast, or (ii) a 25-mile radius centered at the commercial AM primary station's transmitter site.
Support Compliance The applicant, if for a commercial FM translator station with a coverage contour extending beyond the protected contour of the commercial primary station being rebroadcast, certifies that it has not received any support, before or after constructing, directly or indirectly, from the licensee/permittee of the primary station or any person with an interest in or connection with the licensee or permittee of the primary station, except for technical assistance as provided for under 47 C.F.R. Section 74.1232(e).
Rebroadcast Certification For applicants proposing translator rebroadcasts that are not the licensee of the primary station, the applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted.
Station Ready for Operation Applicant certifies that station is now in satisfactory operating condition and ready for regular operation.
Programming The applicant certifies that it is the licensee of the primary station or the applicant certifies that written authority has been obtained from the licensee of the primary station whose programming is to be retransmitted.
Eligibility Certifications The applicant certifies that it is a:
If 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).
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.
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.
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
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
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.
it proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station.
Ownership The applicant certifies that: no party to this application has an attributable interest in any low power FM broadcast station
1. 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
2. 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;
the applicant is in compliance with the Commission's policies relating to media interests of immediate family members; and
the applicant is in compliance with the Commission's policies relating to investor insulation and the non-participation of non-party investors and creditors.
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.
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.
Holding Period Certifications 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).
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.
Fair Distribution of Service Pursuant to 47 U.S.C. Section 307(b) Applicant certifies that the proposed station will provide a first rural (reception) service.
Applicant certifies that:
(a) it is a Tribal Applicant, as defined in 47 C.F.R. Section 73.7000;
(b) the facilities proposed in this Application will provide Tribal Coverage, as defined in 47 C.F.R. Section 73.7000, of Tribal Lands occupied by the applicant Tribe(s);
(c) the proposed community of license is located on Tribal Lands, as defined in 47 C.F.R. Section 73.7000; and
(d) the proposed facility would be the first local Tribal-owned noncommercial educational transmission service at the proposed community of license
Applicant certifies that the proposed station will provide a first noncommercial educational aural service to (a) at least 10 percent of the people residing within the station's 60 dBu (1mV/m) service contour and (b) to a minimum of 2,000 people.
Applicant certifies that the proposed station will provide a second noncommercial educational aural service, or an aggregated first and second noncommercial educational aural service, to (a) at least 10 percent of the people residing within the station's 60 dBu (1 mV/m) service contour and (b) to a minimum of 2,000 people.
Auction Authorization If the application is being submitted to obtain a construction permit for which the applicant was the winning bidder in an auction, then the applicant certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a) and 1.2112(b), if applicable.
Tribal Priority – Threshold Qualifications Is the Applicant applying for an FM allotment set forth in a Public Notice announcing a Tribal Threshold Qualifications window?
Petition for Rulemaking/Counterproposal to Add New FM Channel to FM Table of Allotments This application is being submitted concurrently with a Petition for Rulemaking or Counterproposal to Amend the FM Table of Allotments (47 C.F.R. Section 73.202) to add a new FM channel allotment. The petitioner/counter-proponent certifies that, if the FM channel allotment requested is allotted, petitioner/counter- proponent will apply to participate in the auction of the channel allotment requested and specified in this application.

Channel and Facility Information

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Section Question Response
Program Test Authority The application is operating pursuant to automatic program test authority
The applicant is requesting program test authority
Proposed Community of License State Pennsylvania
City RED LION
Channel 10
Frequency 192.0 - 198.0
Facility Type Facility Type Commercial
Station Class Station Class

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 1033740
Coordinates (NAD83) Latitude 40° 18' 57.8" N+
Longitude 076° 57' 01.0" W-
Structure Type LTOWER-Lattice Tower
Overall Structure Height 187.0 meters
Support Structure Height 167.7 meters
Ground Elevation (AMSL) 329.2 meters
Antenna Data Height of Radiation Center Above Ground Level Horizontal:140.2 meters Vertical:
Height of Radiation Center Above Average Terrain Horizontal:311.1 meters Vertical:
Height of Radiation Center Above Mean Sea Level Horizontal:469.4 meters Vertical:329.2 meters
Effective Radiated Power Horizontal:16.2 kW Vertical:
Transmitter Power Output - -
Proposed Allotment or Assignment - Coordinates (NAD83) Latitude - -
Longitude - -

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Directional Custom
Primary Station Call Sign
Facility ID
Frequency
Channel
Service Code
City
State
Delivery Method Delivery Method
If Other, Please specify:
Transmitting Antenna Manufacturer: DIE
Model THV-6A10-R S190
Antenna Number of Sections:
Antenna Spacing Between Sections:

Directional Antenna Relative Field Value

Degree Value Degree Value Degree Value Degree Value
0 0.703 90 0.578 180 0.56 270 0.993
10 0.638 100 0.586 190 0.614 280 1.0
20 0.58 110 0.582 200 0.677 290 0.997
30 0.534 120 0.568 210 0.742 300 0.983
40 0.508 130 0.547 220 0.805 310 0.96
50 0.503 140 0.524 230 0.862 320 0.926
60 0.516 150 0.507 240 0.91 330 0.882
70 0.537 160 0.504 250 0.948 340 0.829
80 0.56 170 0.522 260 0.975 350 0.768

Additional Azimuths

Degree Value
48 0.503
282 1
156 0.503
102 0.586

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)
Broadcast Facility Does the proposed facility comply with the applicable engineering standards and assignment requirements of 47 C.F.R. Sections 73.203, 73.207, 73.213, 73.315, 73.509, 73.515, 73.525, and 73.1125?

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. Robert G Andrews
Secretary

09/06/2017

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
WGCB_Form_2100_-_CSA_Cover.pdf Applicant Channel Sharing Channel Sharing Agreement Done with Virus Scan and/or Conversion
WGCB_Form_2100_-_Environmental_Effect.pdf Applicant Technical Certifications Environmental Statement Done with Virus Scan and/or Conversion
WGCB_Form_2100_-_Multiple_Ownership.pdf Applicant Attributable Interest Multiple Ownership Exhibit Done with Virus Scan and/or Conversion