| Section | Question | Response |
|---|---|---|
| Attachments | Are attachments (other than associated schedules) being filed with this application? | Yes |
| 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 | Address | Phone | Applicant Type | |
|---|---|---|---|---|
|
Kutztown University Public University |
Michael G. Regensburger PO Box 730 Kutztown, PA 19530 United States |
+1 (610) 683-4059 |
regensbu@kutztown.edu |
OTH |
| Contact Name | Address | Phone | Contact Type | |
|---|---|---|---|---|
|
Stephen T. Lovelady , Esq . Shainis & Peltzman, Chartered |
1850 M Street, NW Suite 240 Washington, DC 20036 United States |
+1 (202) 293-0011 |
steve@s-plaw.com |
Legal Representative |
|
Susan A. Marshall , Esq . Shainis & Peltzman, Chartered |
1850 M Street, NW Suite 240 Washington, DC 20036 United States |
+1 (202) 293-0011 |
susan@s-plaw.com |
Legal Representative |
|
Elliot Morgan Technical Consultant Radio Operations International |
Chip Morgan, President 560 Lake Street Bridport, VT 05734 United States |
+1 (802) 458-5989 |
chip@roivt.com |
Technical Representative |
|
Aaron P. Shainis , Esq . Shainis & Peltzman, Chartered |
1850 M Street, NW Suite 240 Washington, DC 20036 United States |
+1 (202) 293-0011 |
aaron@s-plaw.com |
Legal Representative |
| Party Name | Address | Phone | Positional Interest | |
|---|---|---|---|---|
|
Payton Mentzer Student Trustee |
203 Roxberry Drive Readin, PA 19608 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Kenneth S. Hawkinson , Ph.D . President Kutztown University |
President's Office - 303 B Stratton Administrative Center 15200 Kutztown Road Kutztown, PA 19530 United States |
+1 (610) 683-4102 |
reichertre@kutztown.edu |
|
|
W. James Ludlow |
7958 WOODSBLUFF RUN Fogelsville, PA 18051 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Thomas Heck |
3801 PERKIOMEN AVENUE Reading, PA 19606 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Phillips Armstrong |
3154 Brynwood Drive Whitehall, PA 18052 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Dennis Giorno |
2296 Forest Hills Drive Harrisburg, PA 17112 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Kevin Hardin , Jr., Esq . |
6436 Emien Street Philadelphia, PA 19119 United States |
+1 (610) 682-4102 |
trustees@kutztown.edu |
|
|
Robert Grim , Esq . |
130 North Kemp Road Kutztown, PA 19530 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Daniel Greenstein Chancellor Pennsylvania State System of Higher Education |
2300 VARTAN WAY SUITE 207 Harrisburg, PA 17110 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
John Wabby |
50 BRYN MAWR AVE. Pottsville, PA 17901 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Guido Pichini |
24 UPLAND ROAD Wyomissing Hills, PA 19609 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
|
Dianne Lutz |
737 Fritztown Road Sinking Spring, PA 19608 United States |
+1 (610) 683-4102 |
trustees@kutztown.edu |
|
| 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 |
| 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 |
| 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 | ||||
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. | No |
| 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: |
Kutztown University Campus | |
| Address Line 1: | 188 McFarland Student Union Building | |
| City: | Kutztown | |
| State: | PA | |
| Zip Code: | 19530 | |
| Phone: | 6106834058 | |
| 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. | No |
| 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 |
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). | 09/15/1866 |
| Applicant certifies that it has remained local at all times since this date. | Yes |
| Section | Question | Response |
|---|---|---|
| Proposed Community of License | State | Pennsylvania |
| City | AUBURN | |
| Channel | 228 | |
| Frequency | 93.5 |
| Section | Question | Response |
|---|---|---|
| Antenna Structure Registration | Do you have an FCC Antenna Structure Registration (ASR) Number? | Yes |
| ASR Number | 1238658 | |
| Coordinates (NAD83) | Latitude | 40° 36' 38.0" N+ |
| Longitude | 076° 03' 18.0" W- | |
| Structure Type | TOWER-A free standing or guyed struct | |
| Overall Structure Height | 78 meters | |
| Support Structure Height | 0 meters | |
| Ground Elevation (AMSL) | 217 meters | |
| Antenna Data | Height of Radiation Center Above Ground Level | Horizontal:56 meters Vertical:56 meters |
| Height of Radiation Center Above Mean Sea Level | Horizontal:273 meters Vertical:273 meters | |
| Minimum Effective Radiated Power | Horizontal: 37.0 W Vertical: 37.0 W | |
| Maximum Effective Radiated Power | Horizontal: 76.0 W Vertical: 76.0 W |
| Section | Question | Response |
|---|---|---|
| Antenna Type | Antenna Type | Non-Directional |
| Degree | Value | Degree | Value | Degree | Value | Degree | Value |
|---|
| Degree | Value |
|---|
| 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 | Mev Cabrales | |
| Phone number of the person contacted | 5162253659 | |
| Person contacted is | Authorized Representative |
| 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. | Kenneth S. Hawkinson , Ph.D . President 12/14/2023 |
| File Name | Uploaded By | Attachment Type | Description | Upload Status |
|---|---|---|---|---|
| Declaration - President Hawkinson 12.14.23.pdf | Applicant | All Purpose | Declaration | Done with Virus Scan and/or Conversion |
| Eligbility Statement Exhibit (Draft 12-12-2023).pdf | Applicant | All Purpose | General LPFM Eligibility Statement | Done with Virus Scan and/or Conversion |
| Established Local Presence Exhibit (Draft 12-12-2023).pdf | Applicant | Point System Factor/Tie Breakers | Established Community Presence | Done with Virus Scan and/or Conversion |
| HAAT & ERP Determinations 12-2023.pdf | Applicant | All Purpose | HAAT Calculation | Done with Virus Scan and/or Conversion |
| Non-Attribution Statement Exhibit (draft 12-12-2023).pdf | Applicant | All Purpose | Non-Attribution Exhibit | Done with Virus Scan and/or Conversion |
