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

(REFERENCE COPY - Not for submission) Minor Modification of a FM Station Construction Permit Application

File Number:
0000214707
Submit Date:
05/10/2023
Lead Call Sign:
WCRY
Facility ID:
767393


FRN:
0020794756
Service:
Full Power FM
Purpose:
Minor Modification
Status:
Granted
Status Date:
06/09/2023
Filing Status:
Active


General Information

Section Question Response
Attachments Are attachments (other than associated schedules) being filed with this application? No

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

Legacy Broadcasting, Inc.

Walter Lancaster

P.O. Box 998

Post Falls, ID 83877

United States

+1 (208) 457-7140

Lee@kymsradio.com

NFP

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

A. Wray Fitch , III .

Attorney

GAMMON & GRANGE, P.C.

1945 Old Gallows Road, Suite 650

Tysons, VA 22182

United States

+1 (703) 761-5013

awf@gg-law.com

Legal Representative

Robert Moore

RCM Enterprises

1908 Sweetbriar Drive

Goshen, IN 46528

United States

+1 (574) 534-2002

bobmoore@maplenet.net

Technical Representative




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
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s). Yes
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?
Applicant certifies that the proposed facility complies with the Commission's multiple 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; and (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)?

Legal Certifications

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Section Question Response
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
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.
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.
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
Proposed Community of License State Georgia
City Blairsville
Channel 210
Frequency 89.9
Facility Type Facility Type Noncommercial Educational
Station Class Station Class A

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 1253520
Coordinates (NAD83) Latitude 34° 54' 31.4" N+
Longitude 083° 54' 11.6" W-
Structure Type TOWER-A free standing or guyed struct
Overall Structure Height 60.6 meters
Support Structure Height 59.4 meters
Ground Elevation (AMSL) 726.8 meters
Antenna Data Height of Radiation Center Above Ground Level Horizontal:48 meters Vertical:48 meters
Height of Radiation Center Above Average Terrain Horizontal:101 meters Vertical:101 meters
Height of Radiation Center Above Mean Sea Level Horizontal:775 meters Vertical:775 meters
Effective Radiated Power Horizontal:1.25 kW Vertical: 1.25 kW

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Directional

Directional Antenna Relative Field Value

Degree Value Degree Value Degree Value Degree Value
0 0.759 90 1.0 180 0.226 270 0.194
10 0.955 100 0.815 190 0.285 280 0.215
20 1.0 110 0.647 200 0.358 290 0.178
30 1.0 120 0.514 210 0.451 300 0.191
40 1.0 130 0.408 220 0.444 310 0.24
50 1.0 140 0.324 230 0.353 320 0.302
60 1.0 150 0.258 240 0.28 330 0.38
70 1.0 160 0.205 250 0.226 340 0.479
80 1.0 170 0.199 260 0.194 350 0.603

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
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? Yes
Contour Protection Does the proposed facility request processing pursuant to the contour protection provisions of 47 C.F.R Section 73.215? No
Community of License Change - Section 307(b) Is the application being submitted to change the facility’s community of license? If ‘Yes’, an exhibit is required containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. Section 307(b)) No

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. Walter Lancaster
President

05/10/2023

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
GA Blairsville Consolidated Engineering Statement.pdf Applicant All Purpose Consolidated Engineering Statement Done with Virus Scan and/or Conversion