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

(REFERENCE COPY - Not for submission) New NCE FM Construction Permit Application

File Number:
0000166790
Submit Date:
11/08/2021
Lead Call Sign:
FRN:
0022383293
Service:
Full Power FM
Purpose:
New NCE FM CP
Status:
Pending
Status Date:
11/08/2021
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: N/A

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

Elijah Radio

Doing Business As: Elijah Radio

Luke Rogers

1435 Woodland Ridge Road

Odenville, AL 35120

United States

+1 (205) 530-3545

Luke@ElijahRadio.org

Company

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

DONALD MARTIN

Attorney

Law Office of Donald E. Martin

Donald Martin

PO Box 8433

Falls Church, VA 22041

United States

+1 (703) 642-2344

dempc@prodigy.net

Legal Representative

LUKE ROGERS

Luke Rogers Consulting

1435 Woodland Ridge Road

ODENVILLE, AL 35120-6719

United States

+1 (205) 585-6706

LHRogers@gmail.com

Technical Representative

Eligibility Certifications

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Section Question Response
Eligibility Certifications The applicant certifies that it is a: Nonprofit educational organization, other than as described above.
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. Yes
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. Yes

Parties to the Application (6)

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Party Name Address Phone Email Positional Interest

Thomas Beihl

438 Daily Creek Rd

Saluda, SC 29138

+1 (423) 771-1377

TMBeihl@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
Percentage of Total Assets:
0%

Leroy Abrahams

444 Oak Tree Drive

Chelsea, AL 35043

+1 (865) 803-6475

Lamaja1@live.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
Percentage of Total Assets:
0%

Compton Ross

3274 Spicy Cedar Lane

Stonecrest, GA 30038

+1 (205) 598-9973

doctorross@att.net

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
Percentage of Total Assets:
0%

Mike Deason

7306 Wakefield Rd

Vestavia Hills, AL 35242

+1 (205) 936-7838

mike@grantsmillco.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
Percentage of Total Assets:
0%

Rose Rogers

1435 Woodland Ridge Rd

OdenvilleAL, AL 35120

+1 (205) 585-8586

rose.rogers@gmail.com

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
Percentage of Total Assets:
0%

Luke Rogers

1435 Woodland Ridge Rd

Odenville, AL 35120

+1 (205) 585-6706

Luke@ElijahRadio.org

Positional Interest:
Director
Citizenship:
United States
Percentage of Votes:
16.7%
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
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s). Yes

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 each 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 government 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. Yes
Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes
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 Broadcast EEO Model Program Report. N/A
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. Yes
The applicant certifies that this application is contingent upon receipt of a grant from a charitable organization, the approval of the budget of a school or university, or an appropriation from a state, county, municipality or other political supervision. N/A

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?
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

Fair Distribution of Service

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Section Question Response
Fair Distribution of Service Applicant certifies that it provides a first aural (reception) service. No
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. No
Applicant certifies that the proposed station will provide a first noncommercial 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. No
Applicant certifies that the proposed station will provide a second noncommercial 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 (1mV/m) service contour and (b) to a minimum of 2,000 people. Yes

Point System Factors/Tiebreakers

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Section Question Response
Established Local Applicant Applicant certifies that for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 CFR Section 73.7000, and that it is has placed documentation of its qualifications as an established local applicant in the applicant's public inspection file and has submitted to the Commission copies of the documentation. No
If the applicant certifies above that it qualifies for points as an "established local applicant," applicant pledges to maintain localism characteristics during the period from the grant of the construction permit until the station has achieved at least four years of on-air operations. No
Diversity of Ownership Applicant certifies (1) that the principal community (city grade) contour of the proposed station does not overlap the principal community contour of any other authorized station (comparing radio to radio and television to television, including non-fill-in translator stations) in which any party to the application has an attributable interest as defined in 47 CFR Section 73.3555, and (2) that it has placed documentation of its diversity qualifications in the applicant's public inspection file and has submitted to the Commission copies of the documentation. Yes
Is the applicant's certification to the question above based on a pledge to divest an attributable broadcast interest or resign from an attributable positional interest? No
If the applicant certifies above that it qualifies for points for "diversity of ownership," applicant and any party to the application pledge to comply with the restrictions on station modifications and acquisitions, as defined in 47 CFR Section 73.7005, during the period from grant of the construction permit until the station has achieved at least four years of on-air operations. Yes
State-wide Network Applicant certifies that (a) it has NOT claimed a credit for diversity of ownership above; (b) it is one of the three specific types of organizations described in 47 C.F.R. Section 73.7003(b)(3); and (c) it has placed documentation of its qualifications in a local public inspection file and has submitted to the Commission copies of the documentation. No
Technical Parameters Applicant certifies that the numbers in the boxes below accurately reflect the new area and population that its proposal would serve with a 60 dBu signal measured in accordance with the standard predicted contours in 47 C.F.R. Section 73.313(c) and that it has documented the basis for its calculations in the local public inspection file and has submitted copies to the Commission. Major modification applicants should include new area proposed only (exclude any area already within the station's existing service area). (Points, if any, will be determined by FCC) Yes
New area served in square kilometers (excluding areas of water): 3450.3
Population served based on the most recent census block data from the United State: 85620
Existing Authorizations By placing a number in the box, the applicant certifies that it and other parties to the application have, as of the date of the filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of relevant broadcast station authorizations. Radio applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those identified in the second question (pledge to divest an attributable broadcast interest/resign from an attributable positional interest) under Diversity of Ownership above. 1
Pending Applications By placing a number in the box, the applicant certifies that it and other parties to the application have, as of the date of the filing and pursuant to 47 C.F.R. Section 73.3555, attributable interests in the stated number of pending applications for new or major changes to relevant broadcast stations. Radio applicants should count all attributable full service radio stations, AM and FM, commercial and noncommercial, and FM translator stations other than fill-in stations or those identified in the second question (pledge to divest an attributable broadcast interest/resign from an attributable positional interest) under Diversity of Ownership above. 10
Prior NCE applications Applicant certifies that it applied for an NCE construction permit in a prior filing window and had its application accepted for filing and processed, but subsequently dismissed in favor of an applicant with superior points, or based on a tie-breaker preference. No
Applicant certifies that (1) it has been in continuous existence from the date of the previous filing window until the present, and (2) it does not hold any NCE construction permit or license. N/A
Established Community Presence Provide the date on which the applicant qualified as local. See 47 CFR Section 73.7000. 2021-11-05 00:00:00.0
Applicant certifies that it has remained local at all times since this date. No

Channel and Facility Information

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Section Question Response
Proposed Community of License State Alabama
City DALEVILLE
Channel 219
Frequency 91.7
Facility Type Facility Type Noncommercial Educational
Station Class Station Class C2

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 1297517
Coordinates (NAD83) Latitude 31° 37' 08.4" N+
Longitude 085° 39' 11.4" W-
Structure Type LTOWER-Lattice Tower
Overall Structure Height 79.2 meters
Support Structure Height 79.2 meters
Ground Elevation (AMSL) 126.5 meters
Antenna Data Height of Radiation Center Above Ground Level Horizontal:64.3 meters Vertical:64.3 meters
Height of Radiation Center Above Average Terrain Horizontal:74.9 meters Vertical:74.9 meters
Height of Radiation Center Above Mean Sea Level Horizontal:190.8 meters Vertical:190.8 meters
Effective Radiated Power Horizontal:50 Vertical: 50

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 0.544 90 0.569 180 1.0 270 0.381
10 0.432 100 0.716 190 0.943 280 0.48
20 0.41 110 0.902 200 0.78 290 0.604
30 0.343 120 1.0 210 0.662 300 0.693
40 0.298 130 1.0 220 0.548 310 0.814
50 0.257 140 1.0 230 0.444 320 1.0
60 0.285 150 1.0 240 0.361 330 1.0
70 0.359 160 1.0 250 0.302 340 0.862
80 0.452 170 1.0 260 0.302 350 0.685

Additional Azimuths

Degree Value
333 1.000
303 0.693
187 1.000
115 1.000

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, and 73.515? Yes
Contour Protection Does the proposed facility request processing pursuant to the contour protection provisions of 47 C.F.R Section 73.215? No
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

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. Luke Rogers
President, Elijah Radio

11/08/2021

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
1st & 2nd NCE Service Counts.pdf Applicant Fair Distribution of Service 1st & 2nd NCE Service Counts Done with Virus Scan and/or Conversion
Allocation Study Table.pdf Applicant Technical Certifications Allocation Study Table Done with Virus Scan and/or Conversion
Community of License Map (Daleville).pdf Applicant All Purpose Community of License Map Done with Virus Scan and/or Conversion
Directional Antenna Pattern.pdf Applicant All Purpose Directional Antenna Pattern Done with Virus Scan and/or Conversion
Diversity of Ownership Map.pdf Applicant Point System Factor/Tie Breakers Diversity of Ownership Map Done with Virus Scan and/or Conversion
EDUCATIONAL_QUALIFICATIONS.docx Applicant Eligibility Certifications Done with Virus Scan and/or Conversion
Elijah Radio Attributable Interests.txt Applicant Attributable Interest Elijah Radio Attributable Interests Done with Virus Scan and/or Conversion
Full Allocation Study Map.pdf Applicant Technical Certifications Full Allocation Study Map Done with Virus Scan and/or Conversion
NEW!-WAXU-FMOver.pdf Applicant Technical Certifications NEW!-WAXU FMOver Report Done with Virus Scan and/or Conversion
NEW!-WAXU_Interference_Map.pdf Applicant Technical Certifications NEW!-WAXU Interference Map Done with Virus Scan and/or Conversion
NEW!-WSTF-FMOver.pdf Applicant Technical Certifications NEW!-WSTF FMOver Report Done with Virus Scan and/or Conversion
NEW!-WSTF_Interference_Map.pdf Applicant Technical Certifications NEW!-WSTF Interference Map Done with Virus Scan and/or Conversion
radiation_study.pdf Applicant Technical Certifications Radiation Study Done with Virus Scan and/or Conversion
Reasonable Assurance.txt Applicant Technical Certifications Reasonable Assurance contact Done with Virus Scan and/or Conversion