FCC 318 - NOTICE

Applications will be accepted only in designated filing windows. The

Commission will announce in a Public Notice when these filing windows

are opened. Applications filed outside of these windows will not be

accepted.

FCC 318 InstructionsMarch 2000

Federal Communications Commission Approved by OMBWashington, D.C. 20554 3060-0920

INSTRUCTIONS FOR FCC FORM 318

APPLICATION FOR CONSTRUCTION PERMITFOR A LOW POWER FM BROADCAST STATION

GENERAL INSTRUCTIONS

Introduction.

A. This form, together with the associated instructions andworksheets, are designed to provide you with sufficientinformation to permit you to fully and accurately completean application for a construction permit for a low powerFM (“LPFM”) station. Ultimately, however, if you areawarded a construction permit and license for a newLPFM station, you will be required to know and complywith all of the Commission’s rules and policies applicableto the LPFM service.

B. FCC Form 318 is used to apply for authority to construct anew LPFM broadcast station, to make changes in anauthorized LPFM broadcast station, or to amend a pendingForm 318 application. This application for a constructionpermit is the first step in the licensing process. Followingcompletion of station construction you must file aseparation application for an FCC license, FCC Form 319. Applications for new stations and major change proposalsmust be filed during a window filing period announced bythe Commission by public notice. All proposals for minorchanges to LPFM authorizations are also to be filed on thisform. See 47 C.F.R. Section 73.870. The applicationconsists of the following sections:

I. General InformationII. Legal InformationIII. Point System FactorsIV. CertificationV. LPFM Engineering Data and Preparer’s Certification

(for preparer of engineering sections of theapplication)

All applicants must complete Sections I, II, IV, and V. InSection II, however, applicants for major and minorchanges in authorized stations need fill out only Questions1, 4, 6, 7, and 9.

C. This form makes many references to the Commission’srules. Applicants should have on hand and be familiar withcurrent broadcast rules in Title 47 of the Code of FederalRegulations (C.F.R.):

(1) Part 0 "Commission Organization"(2) Part 1 "Practice and Procedure"(3) Part 73 "Radio Broadcast Services"

Copies of the Commission’s rules may be purchased fromthe Government Printing Office. Current prices may beobtained from the GPO Customer Service Desk at (202)512-1803. For payment by credit card, call (202) 512-1800, M-F, 8 a.m. to 4 p.m. e.s.t; facsimile orders may beplaced by dialing (202) 518-2233, 24 hours a day. Paymentby check may be made to the Superintendent of Documents,Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954.

In addition, any rule in Title 47, including the LPFM rulesin Part 73, may be retrieved by rule section number via theCommission’s World Wide Web site. Applicants maylocate any rule in Parts 0, 1, and 73 athttp://www.fcc.gov/mmb/asd/bickel/47CFRrule.html.

D. Electronic or Paper Filing of Application Forms. TheCommission is developing an electronic version of thisform that will be available on the Commission’s Web site. In addition, the Commission is developing software thatwill be available on its Web site to assist electronic andpaper filers in making a preliminary determination as towhich frequencies are available for LPFM use, based oncurrent information in the Commission’s database. Whenthe electronic version of this form and additional softwarebecome available, the Commission will announce bypublic notice their availability and the procedures to befollowed for accessing them and for filing the formelectronically. Applicants may check the following website for additional information: http://www.fcc.gov/mmb/asd/lpfm.

Applicants that prepare this application in paper formmust submit an original and two copies of the form, allexhibits, and any subsequent amendments to: TheSecretary, Federal Communications Commission,Washington, D.C. 20554. Applicants should follow thefiling procedures set forth in Parts 0 and 73 of theCommission’s rules.

E. Electronic or Paper Filing of Amendments. Amendmentsto previously filed applications should be prepared,signed, and filed in the same manner as the originalapplication, and should contain the following informationto identify the associated application:

(1) Applicant’s name; (2) Call letters, or specify “NEW”;

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(3) Proposed channel number; (4) Proposed station location; (5) File number of application being amended (if known);

and (6) Date of filing of application being amended (if file

number is unknown).

F. Defective Applications. Applicants should provide allinformation requested by this application. If any portions ofthe application are not applicable, the applicant should sostate. Defective or incomplete applications will bereturned without consideration. If the FCC inadvertentlyaccepts a defective or incomplete application, thatapplication may be dismissed. See 47 C.F.R. Section73.3564(b).

G. Current Information. In accordance with 47 C.F.R.Section 1.65, applicants have a continuing obligation toadvise the Commission, through amendments, of anysubstantial and material changes in the informationfurnished in this application. This requirement continuesuntil the Commission action on this application is no longersubject to reconsideration by the Commission or review byany court.

Certifications. H. This application requires applicants to certify compliance

with various statutory and regulatory requirements.Detailed instructions and three worksheets provideadditional information regarding Commission rules andpolicies. These materials are designed to track thestandards and criteria which the Commission applies todetermine compliance and to increase the reliability ofapplicant certifications. While applicants are required toreview all application instructions and worksheets, theygenerally are not required to complete or retain anydocumentation created or collected to complete theapplication. Applicants claiming a point for establishedcommunity presence in response to Section III, Question1, however, must document their claims as explainedfurther in the instructions for that section.

I. This application is presented primarily in a "Yes/No"certification format. However, it contains places forsubmitting explanations and exhibits where necessary orappropriate. Each certification, explanation and exhibitconstitutes a material representation. Applicants may onlymark the "Yes" certification when they are certain that theresponse is correct. A "No" response is required if theapplicant is requesting a waiver of a pertinent rule and/orpolicy, or where the applicant is uncertain that theapplication fully satisfies the pertinent rule and/or policy. A"No" response to a certification question for which anexhibit can be submitted will not cause the immediatedismissal of the application, provided that an appropriateexhibit is completed. However, the application includes

several certifications for which an explanatory exhibitcannot be submitted. These include Section II, question 1(Certification), Question 2 (Eligibility), Question 4(Community-Based Criteria) and Question 8 (UnlicensedOperation). An applicant’s failure to respond “Yes” toat least one certification contained in each of thesequestions will result in the return of its application withno opportunity to file a curative amendment.

J. The applicant or the applicant’s authorized legalrepresentative, if any, must sign the application.Depending on the nature of the applicant, the applicationshould be signed as follows: if a corporation, by anofficer; if an unincorporated association, by a memberwho is an officer (for an unincorporated educationalinstitution, this could be a school superintendent, officerof the school board, or a university officer); if agovernmental entity, by such duly elected or appointedofficial as is competent under the laws of the particularjurisdiction. Counsel may sign the application for his orher client, but only in cases of the applicant's disability orabsence from the United States. If the application is filedelectronically, the signature will consist of the electronicequivalent of the typed name of the individual.

SECTION I: GENERAL INFORMATION

A. Question 1: Applicant Name, etc. The name of theapplicant stated in Question 1 shall be the exact name ofthe agency, board, institution, organization, corporation orassociation seeking the authorization. Do not list thename of an individual. Individuals are not eligible forLPFM licenses. The name of the applicant must be statedexactly in Question 1. In all other sections of this form,an abbreviated name can be used to identify the applicant.

State AbbreviationApplicants should use only those State abbreviationsapproved by the U.S. Postal Service.

Facility ID NumberThe FCC assigns a unique facility identification number toall authorized broadcast stations. New station applicantsshould leave this box blank. Applicants for minor ormajor changes can obtain facility ID numbers for theirauthorized LPFM stations at the Commission’s WorldWide Web site at www.fcc.gov/mmb/asd/seacall.html orby calling (202) 418-2730. Further, the facility IDnumber is included on all Commission authorizations andpostcards.

B. Question 2: Contact Representative. If the applicant isrepresented by a representative or agent (for example, legalcounsel), that person's name, firm or company, andtelephone/electronic mail address may be specified here, atthe applicant’s option.

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C. Question 3: Application Purpose. This question requiresthat the applicant identify the purpose of the application andprovide certain information for the facilities proposed in theFCC Form 318. Applicants for a new LPFM station shouldcheck “New Station.” Applicants updating information on apreviously filed but not yet granted application for a newLPFM station should check “Amendment to pendingapplication.”

SECTION II: LEGAL INFORMATION

A. Question 1: Certification. Each applicant is responsiblefor the information that the application instructions andworksheets convey. The Commission's licensing processesare premised on the accuracy and reliability of applicantcertifications. Thus, each applicant must carefully reviewall instructions and worksheet materials prior to completingthis application.

B. Question 2: Eligibility. Applicants for new LPFMstations must certify their eligibility to own and operate anLPFM station under Commission rules and regulations. Each applicant must check one “Yes” box for thisquestion and must check the other two boxes “No.” Anapplicant should not submit an explanatory exhibit inconnection with its Question 2 “No” response. Anapplicant that answers “Yes” to certification 2a or 2b mustsubmit with its application an exhibit that describes theapplicant’s educational program and how its proposedstation will be used to advance its educational program, asset forth in more detail below. The exhibit also shouldinclude the State and date of the applicant’s incorporation.

Subsections 2(a) and 2(b)—NoncommercialEducational (“NCE”) Applicants. An applicant may beeligible for an LPFM station authorization under Section73.503 of the Commission’s rules, which provides that “anoncommercial educational FM broadcast station will belicensed only to a nonprofit educational organization andupon showing that the station will be used for theadvancement of an educational program.” The three basicNCE eligibility requirements are: (1) nonprofitorganization; (2) an educational goal or purpose; and (3)use of station programming to further that educationalpurpose. In considering these requirements, emphasis isplaced on proposed station programs which are clearlyeducational in nature, i.e., actually involve teaching orinstruction, whether for formal credit or not. However, itis not necessary that the proposed station’s programmingbe exclusively or even primarily educational in nature.

Subsection 2(a): Nonprofit Educational Institutions. An institutional NCE applicant is either a public entity(such as a governmental agency) or a private, nonprofit

entity which operates a bona fide, full-time school in thecommunity where it proposes to operate. Under theCommission’s standards, these applicants generally arepresumed to have an educational purpose, and need onlydemonstrate how their proposed station programming willbe used to advance their educational purpose. Applicantsshould provide detailed descriptions of the nature of theirproposed station programming and, if possible, programschedules. Applicants accredited by State departments ofeducation or recognized by regional and/or nationalaccrediting organizations should identify the accreditingentities. Applicants also should identify the documentsestablishing their nonprofit status, such as corporatecharters or articles or incorporation. Applicants must beprepared to furnish supporting documentation for theirstatements upon request by the Commission staff.

Subsection 2(b): Nonprofit EducationalOrganizations. Organizational NCE applicants areprivate, nonprofit entities such as nonprofit foundations,corporations or associations. Individuals cannot qualifyas organizational applicants. Under the Commission’sstandards, these applicants must demonstrate both thatthey have an educational purpose and how their proposedstation programming will be used to advance that purpose.Applicants should provide detailed descriptions of thenature of their proposed station programming and, ifpossible, program schedules. Applicants also shouldidentify the documents establishing their nonprofit status,such as corporate charters or articles of incorporation. Applicants must be prepared to furnish supportingdocumentation for their statements upon request by theCommission staff.

Subsection 2(c): Public Safety Radio Service. Applicants also may be eligible for an LPFM stationauthorization because the station proposes to providepublic safety radio services under Section 309(j)(2)(A) ofthe Communications Act of 1934, as amended, 47 U.S.C.Section 309(j)(2)(A). In order to qualify under thisprovision, an applicant must not be organized for profit,must use the proposed LPFM station for public safetyradio services to protect the safety of life, health, orproperty, and the services must not be made commerciallyavailable to the public. 47 U.S.C. Section 309(j)(2)(A);see also 47 C.F.R. Sections 90.17, 90.23, and 90.27.

C. Question 3: Parties to the Application. This question isdesigned to identify all individuals who may be subject tovarious FCC ownership rules and related statutoryrestrictions. Specifically, as used in this application, theterm "party to the application" includes any individual orentity whose ownership or positional interest in theapplicant is “attributable.” An “attributable interest” is anownership interest in or relation to an applicant or licenseewhich will give its holder that degree of influence or controlover the applicant or licensee sufficient to implicate the

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Commission's multiple ownership rules. The Commission’spolicies and standards for attribution are set forth below. You will be answering questions about those individualsand entities listed in response to Question 3 when yourespond to various other questions.

Non-Stock Corporations or Other Non Stock Entities

The applicant, the parent and subsidiary entities of theapplicant, and the officers, directors, and governing boardmembers of the applicant and its parent and subsidiaryentities are considered to be parties to the application,with the exceptions provided by 47 C.F.R. Section73.858, which are set forth below.

Partnerships and Limited Partnerships

Partners and non-insulated limited partners are consideredto be parties to the application. A limited partner in alimited partnership is considered to be insulated if thelimited partner is not materially involved, directly orindirectly, in the management or operation of the media-related activities of the partnership, and the applicant socertifies in response to subsection b of Question 3. Sufficient insulation of a limited partner for purposes ofthis certification is assured if the limited partnershipagreement:

(1) specifies that any exempt limited partner (if not anatural person, its directors, officers, partners, etc.)cannot act as an employee of the limited partnershipif his or her functions, directly or indirectly, relate tothe media enterprises of the company;

(2) bars any exempt limited partner from serving, in anymaterial capacity, as an independent contractor oragent with respect to the partnership's mediaenterprises;

(3) restricts any exempted limited partner fromcommunicating with the licensee or the generalpartner on matters pertaining to the day-to-dayoperations of its business;

(4) empowers the general partner to veto any admissionsof additional general partners admitted by vote of theexempt limited partners;

(5) prohibits any exempt limited partner from voting onthe removal of a general partner or limits this right tosituations where the general partner is subject tobankruptcy proceedings, as described in Sections402 (4)-(5) of the Revised Uniform LimitedPartnership Act, is adjudicated incompetent by acourt of competent jurisdiction, or is removed forcause, as determined by an independent party;

(6) bars any exempt limited partner from performing anyservices to the limited partnership materially relatingto its media activities, with the exception of makingloans to, or acting as a surety for, the business; and

(7) states, in express terms, that any exempt limitedpartner is prohibited from becoming activelyinvolved in the management or operation of themedia businesses of the partnership.

Notwithstanding conformance of the partnership agreementto these criteria, however, the requisite certification cannotbe made if the applicant has actual knowledge of a materialinvolvement of a limited partner in the management oroperation of the media-related businesses of the partnership. In the event that the applicant cannot certify as to thenoninvolvement of a limited partner, the limited partner willbe considered as a party to this application.

Limited Liability Companies

The Commission treats an LLC as a limited partnership,each of whose members is considered to be a party to theapplication. However, where an LLC member is insulatedin the manner specified above with respect to a limitedpartnership and where the relevant state statute authorizingthe LLC permits an LLC member to insulate itself inaccordance with the Commission's criteria, that LLCmember is not considered a party to the application. In sucha case, the applicant should certify "Yes" in response toSection II, Question 3b.

Stock Corporations

The Commission’s multiple ownership attribution policiesand standards apply to LPFM applicants and licensees thatare stock corporations, with the exceptions provided by 47C.F.R. Section 73.858, which are set forth below. Generally, the applicant, the parent and subsidiary entitiesof the applicant, the officers, directors, and governingboard members of the applicant and its parent andsubsidiary entities, and holders of voting stock interests inthe applicant of 5 percent or more are considered to beparties to the application.

a. Voting stock interests. Voting stock interests of 5percent or more of the issued and outstanding voting stockof the applicant are attributable, unless the interest ispassive in nature, in which case voting stock interests of20 percent or more are attributable. Worksheet 1bentitled “Non-Party Influence Over Applicant” is providedto help determine whether an interest is passive in naturefor purposes of the Commission’s attribution policies andstandards. Where the 5 percent stock owner is itself acorporation, each of its stockholders, directors and"executive" officers (president, vice-president, secretary,treasurer or their equivalents) is considered a party to this

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application UNLESS the applicant submits as an exhibit astatement establishing that an individual director or officerwill not exercise authority or influence in areas that willaffect the applicant or the station. In this statement, theapplicant should identify the individual by name and title,describe the individual's duties and responsibilities, andexplain the manner in which such individual is insulatedfrom the corporate applicant and should not be attributed aninterest in the corporate applicant or considered a party tothis application. In addition, a person or entity holding anownership interest in the corporate stockholder of theapplicant is considered a party to this application ONLY IFthat interest, when multiplied by the corporate stockholder'sinterest in the applicant, would account for 5% or more ofthe issued and outstanding voting stock of the applicant. For example, where Corporation X owns stock accountingfor 25% of the applicant's votes, only Corporation Xshareholders holding 20 percent or more of the issued andoutstanding voting stock of Corporation X have a 5% ormore indirect interest in the applicant (.25 x .20 = .05) and,therefore, are considered parties to this application. Inapplying the multiplier, any entity holding more than 50%of its subsidiary will be considered a 100% owner. Wherethe 5% stock owner is a partnership, each general partnerand any limited partner that is non-insulated, regardless ofthe partnership interest, is considered a party to theapplication.

Stock subject to stockholder cooperative voting agreementsaccounting for 50% or more of the votes in a corporateapplicant will be treated as if held by a single entity and anystockholder holding 5% or more of the stock in that block isconsidered a party to this application.

An investment company, insurance company or trustdepartment of a bank is not considered a party to thisapplication, and an applicant may properly certify that suchentity's interest is non-attributable, IF its aggregatedholding accounts for less than 20% of the outstanding votesin the applicant AND IF:

(1) such entity exercises no influence or control over thecorporation, directly or indirectly; and

(2) such entity has no representatives among the officersand directors of the corporation.

b. Non-voting stock and debt interests. Non-votingstock and debt interests may be attributable under theCommission’s “equity-debt-plus” (“EDP”) attributionstandard. Under the EDP standard, the interest held,aggregating both equity and debt, must exceed 33% of thetotal asset value (all equity plus all debt) of the applicant, abroadcast station licensee, cable television system, dailynewspaper or other media outlet subject to theCommission's broadcast multiple ownership rules AND theinterest holder must either hold an attributable interest in a

media outlet in the same market or supply over 15% of thetotal weekly broadcast programming hours of the station inwhich the interest is held. For example, if a full-powerbroadcaster were to invest in an LPFM applicant and theinvestment accounted for more than 33 percent of theLPFM applicant’s total capitalization, the investmentwould be attributable and would violate the cross-ownership prohibition of 47 C.F.R. Section 73.860 of theCommission’s rules, which is discussed below in theInstructions to Section II, Question 5. Similarly, if adirector of the same full-power broadcaster were to act asan officer of the LPFM applicant, the director would beattributed with both stations and Section 73.860 would beviolated.

Exceptions

Section 73.858 of the Commission’s rules establishes twoexceptions to the above-stated attribution policies andstandards applicable to LPFM station applicants.Applicants relying on either of these attributionexceptions should answer question 5b “No” andprovide an explanatory exhibit.

a. Section 73.858(a) Under this provision, members of the board of directors ofthe parent of an LPFM applicant or licensee may holdotherwise attributable interests in a broadcast licensee,daily newspaper or cable television system subject to theCommission’s multiple ownership rules and not havethose interests attributed to them for purposes of an LPFMstation application, provided that the board membersholding such interests must recuse themselves from anyconsideration of matters affecting the LPFM station. Similarly, an officer or director of an LPFM stationapplicant or licensee may hold an otherwise attributableinterest in a broadcast licensee, daily newspaper or cabletelevision system if: (1) the LPFM applicant or licenseeentity is a multi-faceted organization, such as a university;(2) the duties of the officer or director are whollyunrelated to the LPFM station; and (3) the officer ordirector recuses himself or herself from consideration ofany matters affecting the LPFM station. The purpose ofthese exceptions is to permit entities, such as a university,to become a LPFM station licensee, notwithstanding thefact that certain members of the entity’s board holdattributable media interests. Applicants applying forLPFM station licenses under this exception must submitan explanatory exhibit in response to Question 5bidentifying the individuals with otherwise attributableinterests.

b. Section 73.858(b) Under this provision a local chapter of a nationalorganization will not have the attributable media interestsof the national organizations attributed to it, provided thatthe local chapter: (1) is incorporated in its local area

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separately from the national organization with which it isaffiliated; and (2) has a distinct local presence andmission. To satisfy the second element of this standard,an applicant must demonstrate that it has significantmembership within its local area and that it has a localpurpose that can be distinguished from the purpose of thenational organization with which it is affiliated. Forexample, the purpose of raising awareness of the toxicwaste problem in the United States would not satisfy thedistinct local mission requirement, but the purpose ofraising awareness of the toxic waste problem in aparticular local area would satisfy the distinct localmission requirement. Applicants applying for LPFMstation licenses under this exception must submit anexplanatory exhibit in response to Question 5bdemonstrating how they meet the above-statedrequirements.

D. Question 4: Community-Based Criteria. Applicantsmust certify that they are locally-based to be eligible forLPFM authorizations. An applicant must check “Yes” toat least one of the certifications set forth in Question 4 tobe eligible for an LPFM license. An applicant should notsubmit an explanatory exhibit in connection with itsQuestion 4 “No” responses. To be deemed local forpurposes of the Commission’s rules, an applicant must:

(a) be physically headquartered or have a campus within10 miles of the transmitting antenna site proposed in itsApplication; or

(b) have 75 percent of its board members residing within10 miles of the transmitting antenna site proposed in itsApplication; or

(c) for public safety radio service applicants only, havejurisdiction within the service area of the proposedtransmitting antenna site set forth in the application.

E. Question 5: Ownership. This question is designed toensure that LPFM applicants do not violate FCC rulesprohibiting LPFM licensees from owning or controllingcertain other types of media. The applicant must certifycompliance with the Commission’s broadcast ownershiprules, which initially will allow a party to hold anattributable interest in only one LPFM station, andwhich generally prohibit an LPFM station licensee fromholding an attributable interest in any other broadcaststation, including any FM translator or low powertelevision station, or daily newspaper or cable televisionsystem. See 47 C.F.R. Section 73.855(b) and 73.860. TheLPFM rules include several exceptions to this generalprohibition for large multi-faceted entities, such asuniversities, and for local chapters of nationalorganizations. Applicants should review Section II,Question 3 instructions under the heading“Exceptions.” Applicants relying on any of these

exceptions should answer question 5b ”No” andsubmit an explanatory exhibit.

Question 5(a): Ownership of other LPFM stations. Ifthe applicant or any party to the application holds anattributable interest in an LPFM station, you must check“No.” A party may hold an attributable interest in onlyone LPFM station for a period of two years from the datethat the Commission first accepts applications for newLPFM stations.

Question 5(b): Other Media Interests. Neither anLPFM station licensee nor anyone with an attributableinterest in an LPFM station license may own or control:

• a daily newspaper of general circulation;• a cable television system; or• any full power AM or FM radio station, FM translatorstation or full or low power television station.

A party applying for a new LPFM station license whichhas an attributable interest in a broadcast station or othermedia subject to the Commission’s broadcast ownershiprestrictions must divest such interest prior to thecommencement of operations of the LPFM station. Suchapplicants must provide a “No” response to thecertification required by Question 5b and submit anexplanatory exhibit identifying the broadcast station orother media in which the applicant holds an attributableinterest and setting forth the applicant’s intention to divestsuch interest.

Question 5(c): Immediate Family Members. Theapplicant must certify compliance with the Commission’spolicies relating to the media interests of immediatefamily members. Worksheet 1 to this application form isprovided to help applicants determine their compliancewith these Commission’s policies.

Question 5(d): Investor Insulation and Non-Participation of Non-Party Investors and Creditors. This question is only relevant if:

• the applicant is a limited partnership or a limitedliability corporation that seeks to insulate from attributionmembers or partners in accordance with the Commission’srules; or

• the applicant has non-party investors, for example,creditors, secured parties, or program suppliers, and theseinvestors have the capacity to influence the decision-making of the applicant. If these issues are relevant to theapplicant you should review Worksheet 1 to thisapplication.

F. Question 6: Character Issues. Question 6 only applies tothose applicants or parties identified in Question 3 that have

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previously applied for a broadcast license. If neither theapplicant nor any party to the application has previouslyapplied for a license, you should check “Yes.” Specifically,Question 6 asks an applicant to certify that neither it nor anyparty to the application has had any interest in or connectionwith an application that was or is the subject of unresolvedcharacter issues. Where the response to Question 6 is“No,” the applicant must submit an exhibit that includes anidentification of the party having had the interest, the callletters and location of the station or file number of theapplication or docket, and a description of the nature of theinterests or connection, including relevant dates. Theapplicant should also fully explain why the unresolvedcharacter issue is not an impediment to a grant of thisapplication.

G. Question 7: Adverse Findings. An applicant mustdisclose in response to Question 7 whether the applicant orany party to the application has been the subject of a finaladverse finding with respect to certain relevant non-broadcast matters. The Commission's character policies andlitigation reporting requirements for broadcast applicantsfocus on misconduct which involves a violation of theCommunications Act or a Commission rule or policy and onthe types of non-FCC misconduct listed in the question 7certification.

In responding to Question 7, the applicant should considerany relevant adverse finding that occurred within the pastten years. Where that adverse finding was fully disclosed tothe Commission in an application filed on behalf of thisapplicant or in another broadcast station application and theCommission, by specific ruling or by subsequent grant ofthe application, found the adverse finding not to bedisqualifying, it need not be reported again and the assigneemay respond "Yes" to this question. However, an adversefinding that has not been reported to the Commission andconsidered in connection with a prior application wouldrequire a "No" response.

Where the response to Question 7 is "No," the applicantmust provide in an exhibit a full disclosure of the personsand matters involved, including an identification of thecourt or administrative body and the proceeding (by datesand file numbers), and the disposition of the litigation. Where the requisite information has been earlier disclosedin connection with another pending application, or asrequired by 47 C.F.R. Section 1.65(c), the applicant needonly provide an identification of that previous submissionby reference to the file number in the case of an application,the call letters of the station regarding which the applicationor Section 1.65 information was filed, and the date of filing.

H. Question 8: Unlicensed Operation. Question 8a requiresthe applicant to certify, under penalty of perjury, thatneither the applicant nor any party to the application hasengaged in any manner, individually or with other

persons, groups, or organizations, in the unlicensedoperation of any station in violation of Section 301 of theCommunications Act of 1934, as amended, 47 U.S.C.Section 301. An applicant checking “No” to Question 8amust also answer Question 8b. Such an applicant may beeligible to hold an LPFM station license if it is able tocertify, under penalty of perjury, that (1) it voluntarilyceased engaging in the unlicensed operation of any stationno later than February 26, 1999, without specific directionto terminate by the Commission; or (2) it ceased engagingin the unlicensed operation of any station within 24 hoursof being advised by the Commission to do so. Applicantschecking “No” to Questions 8a and 8b are ineligiblefor a license to operate an LPFM station. In addition,applicants are warned that submission of false ormisleading statements will subject applicants to fines,revocation of license, and applicable criminal penalties.

I. Question 9: Anti-Drug Abuse Act Certification. Thisquestion requires the applicant to certify that neither it norany party to the application is subject to denial of federalbenefits pursuant to the Anti-Drug Abuse Act of 1988, 21U.S.C. Section 862.

Section 5301 of the Anti-Drug Abuse Act of 1988 providesfederal and state court judges the discretion to deny federalbenefits to individuals convicted of offenses consisting ofthe distribution or possession of controlled substances. Federal benefits within the scope of the statute include FCCauthorizations. A "Yes" response to Question 9 constitutesa certification that neither the applicant nor any party to thisapplication has been convicted of such an offense or, if ithas, it is not ineligible to receive the authorization sought bythis application because of Section 5301.

With respect to this question only, the term "party to theapplication" includes if the applicant is an individual, thatindividual; if the applicant is a corporation orunincorporated association, all officers, directors, orpersons holding 5 percent or more of the outstanding stockor shares (voting and/or non-voting) of the applicant; allmembers if a membership association; and if the applicant isa partnership, all general partners and all limited partners,including both insulated and non-insulated limited partners,holding a 5 percent or more interest in the partnership.

SECTION III: POINT SYSTEM FACTORS

A. The Commission will use a point system to select amongconflicting, i.e., “mutually exclusive,” LPFM applicationsfiled in the same window. This section allows applicantsfor new LPFM stations and for major changes to existingLPFM authorizations to claim points under this selectionprocedure.

LPFM new and/or major change applications are treated as

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mutually exclusive where the applications are filed in thesame window and the simultaneous operation of the twoproposed stations would result in one (or both) stationscausing objectionable interference to the other. TheCommission makes this determination on the basis of theLPFM station-to-station distance separation requirementsset forth at Section 73.807 of the Commission’s rules. Thisrule establishes a minimum distance separation betweenstations operating on the same frequency (also called co-channel) and also between those stations operating on first-adjacent channels. For example, if an LPFM stationapplication specifies a frequency of 94.7 MHz, theCommission will determine whether co-channel proposalson 94.7 and first-adjacent channel proposals on 94.5 and94.9 MHz meet the minimum separation requirements of 24and 14 kilometers, respectively. Applications that do notmeet these minimums will be treated as mutually exclusive. In these cases, the Commission will use the point systemselection procedure to select one application for grant.

Mutually exclusive applications will be awarded one pointfor each of the three criteria set forth below. Applicantsmay claim the point(s) for which they qualify by certifying“Yes” in response to the question and, in connection withQuestion 1 only, by submitting the documentation setforth below. The applicant with the highest point total inits mutually exclusive group will be the tentative selectee,unless the mutual exclusivity is resolved by settlementpursuant to 47 C.F.R. Section 73.872(e). For moreinformation see 47 C.F.R. Section 73.872; Creation of aLow Power Radio Service, Report and Order in MMDocket No. 99-25, FCC 00-19, at ¶¶ 139-151 (releasedJanuary 27, 2000).

A. Question 1: Established Community Presence. Toqualify for a point under this criterion, the applicant musthave an established community presence of at least twoyears’ duration in the community that it proposes to serve.Educational institution and organization applicants mustbe able to certify that, during the two years prior toapplication, (a) it has been in existence as a nonprofiteducational institution or organization, and (b) has beenphysically headquartered, has had a campus, or has had 75percent of its governing board members residing within16.1 kilometers (10 miles) of the coordinates of theproposed transmitting antenna. A public safety radioservice applicant only must be able to certify that duringthe two years prior to application it had jurisdiction withinthe service area of the proposed LPFM station. Applicants claiming a point for this criterion also mustsubmit evidence of their qualifications as an exhibit totheir application forms. This evidence must demonstratethe date of commencement of the applicant’s existenceand the location(s) of the applicant’s headquarters,campus, or governing board members’ residences (or, forgovernmental public safety radio service applicants, thearea of jurisdiction) during the two years prior to the

application filing. For example, such evidence mayconsist of copies of corporate charters, articles ofincorporation, association, or partnership, or other writteninstruments filed with the appropriate governmentalagency (e.g., Secretary of State) documenting theapplicant’s period of existence. The location of anapplicant’s headquarters, campus, or governing boardmembers’ residences may be demonstrated by thesubmission of statements supported by the affidavit of aperson or persons with personal knowledge thereof.

B. Question 2: Proposed Operating Hours. To qualify fora point under this criterion, applicants must pledge tooperate at least 12 hours per day. The minimum operatingschedule for LPFM stations is five hours per day. See 47C.F.R. Section 73.850. Applicants that claim a point forthis criterion will be required to adhere to their pledges tooperate at least 12 hours per day. The Commission willuse random audits to verify such adherence, and also willconsider written complaints. The Commission staff mayissue letters of inquiry requiring submission ofdocumentation in connection with such audits. Applicantsthat fail to fulfil their pledges will be subject toadministrative sanctions including the possibility ofmonetary forfeitures and revocation proceedings.

C. Question 3: Local program origination. To qualify forpoint under this criterion, applicants must pledge tooriginate locally at least eight hours of programming perday. Local origination is defined as the production ofprogramming within 16.1 kilometers (10 miles) of thecoordinates of the proposed transmitting antenna.Applicants that claim a point for this criterion will berequired to adhere to their pledges to originate locally atleast eight hours of programming per day. TheCommission will use random audits to verify suchadherence, and also will consider written complaints. TheCommission staff may issue letters of inquiry requiringsubmission of documentation in connection with suchaudits. Applicants that fail to fulfil their pledges will besubject to administrative sanctions including thepossibility of monetary forfeitures and revocationproceedings.

SECTION V: LPFM ENGINEERING AND PREPARER'S CERTIFICATION

A. General Instructions for Section V. The engineeringsection contains a "Tech Box" in which the applicantspecifies all technical data required for engineering review. In the event that there are any discrepancies between data inthe "Tech Box" and data submitted elsewhere in theapplication, the data in the "Tech Box" will be controlling.

Applicants are not required to provide specific transmittermake and model information on FCC Form 318. Rather,the permit authorizing construction will require installation

9

of a FCC certified transmitter in compliance with theprovisions of 47 C.F.R. Section 73.1660. Applicants alsoare not required to list the specific antenna make,manufacturer, model number and number of bays for FMantennae on FCC Form 318. That data is submittedfollowing the completion of construction in an applicationfor covering license (FCC Form 319).

B. Notifications. All applicants must comply with therequirements of 47 C.F.R. Section 73.1030. Specifically,applicants within affected areas must notify United StatesGovernment radio astronomy installations, radio receivinginstallations, and FCC monitoring stations of the proposedfacility and its possible impact on their operations. SeeSection 73.1030. Affected facilities requiring writtennotification at the time the LPFM application is filedinclude radio astronomy observatories located in Arecibo,Puerto Rico and Green Bank, West Virginia and the TableMountain Radio Receiving Zone in Boulder County,Colorado. The written notification should be sent to theappropriate address listed in Section 73.1030 and shouldinclude antenna height and coordinates, frequency andpower. The staff will coordinate applications with theCommission’s Enforcement Bureau when there is the potential for an adverse effect on an FCC monitoringstation. However, prior notice to the Enforcement Bureau issuggested when an applicant believes its facility may affecta monitoring station in the manner described in Section73.1030. The Commission need not be informed of thedate of any notification.

C. Tech Box. The applicant must accurately specify therequested facilities in Questions 1 through 8 of the TechBox. Conflicting data found elsewhere in the applicationwill be disregarded. All Questions must be completed. The response "on file" is not acceptable. The response "notapplicable" is not acceptable unless otherwise noted below.

Question 1: Class. The class, LP100 or LP10, must bespecified as defined by 47 C.F.R. Section 73.811. Note: Applications filed during a window period will only be acceptedif the specified class matches that set forth in the public noticeannouncing the window.

Question 2: Channel. The proposed channel must be between201 and 300. See 47 C.F.R. Section 73.805. Applicants candetermine which frequencies, if any, are available at any specificset of coordinates within the United States and its territories byusing a simple computer program available at the AudioServices Division web-page.http://www.fcc.gov/mmb/asd/lpfm.

Question 3: Antenna Location Coordinates. The proposedantenna site must be specified using North American Datum 27(NAD 27) coordinates. Indicate North or South Latitude, andEast or West Longitude. Applicants can determine coordinateswith a 7.5 minutes series U.S. Geological Survey topographic

quadrangle map.

The latitude and longitude coordinates for all points in theUnited States for this LPFM service are based upon the 1927North American Datum (NAD 27). The National GeodeticSurvey is in the process of replacing NAD 27 with the moreaccurate 1983 North American Datum (NAD 83) and updatingcurrent topographic maps. In addition, coordinates determinedby use of the satellite-based Global Positioning System alreadyreflect the NAD 83 datum. To prevent intermixing of data fromthese two sources, the Commission has announced that, untilfurther notice, all LPFM applicants are to furnish coordinatesbased on NAD 27 datum on all submissions and the Commissionwill continue to specify NAD 27 coordinates in its data basesand authorizations. Applicants may access a simple computerprogram to convert NAD 83 coordinates to NAD 29 coordinatesathttp://www.fcc.gov/mmb/asd/welcomeALT.html.

Question 4: Antenna Structure Registration Number. TheAntenna Structure Registration number should be entered here. Most towers greater than 61 meters (200 feet) in height andthose located near airports require antenna registration numbers.See 47 C.F.R. Section 17.4. If the tower does not requireregistration, indicate that registration is “Not Applicable,” or ifthe FAA has not yet determined whether a proposed structurewould be a hazard, indicate whether the FAA Notification hasbeen filed with the FAA. For more information regarding theCommission’s antenna structure registration requirements,applicants may review the Wireless TelecommunicationsBureau’s Antenna Structure Registration web site athttp://www.fcc.gov/wtb/antenna.

Questions 5-7: Elevation and Heights. All heights must be inmeters, rounded to the nearest whole number.

Question 8: Power and Height Limitations. The staff willdetermine an LPFM station’s antenna height above averageterrain (HAAT) from the Tech Box data for coordinates, siteelevation, and antenna radiation center above ground level. Theeffective radiated power (ERP) specified on the LPFMconstruction permit authorization will be given in a range that,when considered with the staff-calculated HAAT, would allowoperation within the maximum and minimum ERP of the class ofLPFM station applied for. See 47 C.F.R. Section 73.811.

D. Certifications. Questions 9-11 set forth a series ofcertifications concerning the Commission's technicalstandards and operational requirements for LPFM stations.

10

Question 9: Interference. The applicant must certify that theproposal complies with the spacing provisions contained in 47C.F.R. Section 73.807. If the proposed facility will be fully-spaced under Section 73.807, the applicant should respond“Yes” to Question 9a and respond to “N/A” to Question 9b Ifthe application proposes to modify an authorized station that iscurrently short-spaced, the applicant must complete Question 9b.

Question 10: TV Channel Six Interference. If the proposedfacility specifies operation on Channels 201-220, the applicantmust certify that the proposal complies with the Channel Sixspacing provisions contained in 47 C.F.R. Section 73.825.

Question 11: National Environmental Policy Act:

a. Environmental Impact

The National Environmental Policy Act of 1969 requires allfederal agencies to ensure that the human environment is givenconsideration in all agency decision-making. Since January 1,1986, applications for new broadcast stations, modifications ofexisting stations, and license renewals must contain includeeither an environmental assessment that will serve as the basisfor further Commission review and action, or a certification thatoperation of the station will not have a significant environmentalimpact. See Section 1.1307. In this regard, applicants arerequired to consider eight environmental factors. These factorsare listed in the attached General Environmental Worksheet(Worksheet 2).

Should the applicant be unable to conclude that its proposal willhave no significant impact on the quality of the humanenvironment, it must submit an Environmental Assessmentcontaining the following information:

1. A description of the facilities as well as supportingstructures and appurtenances, and a description of thesite as well as the surrounding area and uses. If high-intensity white lighting is proposed or utilized within aresidential area, the EA must also address the impact ofthis lighting upon the residents.

2. A statement as to the zoning classification of the site,and communications with, or proceedings before anddeterminations (if any) by zoning, planning,environmental and other local, state, or federalauthorities on matters relating to environmental effects.

3. A statement as to whether construction of the facilitieshas been a source of controversy on environmentalgrounds in the local community.

4. A discussion of environmental and other considerationsthat led to the selection of the particular site and, ifrelevant, the particular facility; the nature and extent ofany unavoidable adverse environmental effects; andany alternative sites or facilities that have been or

reasonably might be considered.

5. If relevant, a statement why the site cannot meet theFCC guidelines for RF exposure with respect to thepublic and workers.

b. RF Exposure Guidelines

In 1996, the Commission modified its guidelines and proceduresfor evaluating environmental effects of RF emissions. AllLPFM station applications subject to environmental processingmust demonstrate compliance with the new requirements. Thenew guidelines are explained in more detail in OET Bulletin 65,entitled Evaluating Compliance with FCC Guidelines for HumanExposure to Radiofrequency Electromagnetic Fields, Edition97-01, released August, 1997, and Supplement A: AdditionalInformation for Radio and Television Broadcast Stations(referred to here as "OET Bulletin 65" and "Supplement A,"respectively). Both OET Bulletin 65 and Supplement A can beviewed and/or downloaded from the FCC Internet site athttp://www/fcc.gov/oet/rfsafety. Copies can also bepurchased from the Commission's duplicating/researchcontractor, International Transcription Services, Inc., 1231 20th

Street, N.W., Washington, D.C. 20036 (telephone: (202) 857-3800; fax: (202) 857-3805. Additional information may beobtained from the RF Safety Group at rfsafety@fcc.gov or (202)418-2464 or from the FCC Call Center at 1-888-CALLFCC (225-5322).

c. Worksheets

Worksheets 2 and 3 are designed to facilitate and substantiatethe certification called for in Section V, Question 11. TheGeneral Environmental Worksheet (Worksheet 2) should beused by all applicants. The RF Exposure Worksheet (Worksheet3) will assist the applicant in completing the required radiofreqency (RF) electromagnetic field calculations todetermine whether the proposed station adequately protects thepublic and workers from potentially harmful RF fields.

Some, but not all, stations will be able to use the RF ExposureWorksheet. The RF Exposure Worksheet allows the applicant to determine if its LPFM station would meet the Commission’sRF guidelines based upon the facility’s antenna height aboveground level. Section One of the RF Exposure Worksheet isapplicable to an LPFM station that is the only RF source on theonly supporting structure in the area. Such a facility may notexceed the Commission’s RF limit. Section Two of the RFExposure Worksheet applies to an LPFM station that is one ofseveral RF sources at a site. In this case, the LPFM is excludedfrom a detailed showing of compliance if it does not contributemore that 5% of the Commission’s RF limit.

Applicants that fail to meet these antenna heightrequirements will need to utilize more complex calculationsor measurements to demonstrate compliance and mayrequire the assistance of a qualified consulting engineer to

11

determine whether the proposed facility will meet the RFexposure guidelines. RF levels may still be acceptable basedon a more detailed evaluation of a number of variables, e.g.,antenna radiation patterns or measurement data. In that case, theapplicant must submit an exhibit to the application that explainswhy the proposed facility does not exceed the RF radiationexposure guidelines at locations where humans are likely to bepresent, and/or describes measures or circumstances which willprevent or discourage humans from entering those areas wherethe RF exposure exceeds the guidelines, e.g., fencing or remotelocation. The guidelines are explained in more detail in OETBulletin 65.

E. Preparer's Certification. When someone other than theapplicant has prepared the engineering section of the FCCForm 318, Section V requires that person to certify, to thebest of his/her knowledge and belief, the veracity of thetechnical data supplied. The Section V preparer'scertification need not be completed if the engineeringportion of the application has been prepared by theapplicant. In that event, the applicant's Section IV, page 5certification will cover the information provided in both thelegal and engineering sections of the application.

FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT

The FCC is authorized under the Communications Act of1934, as amended, to collect the personal information werequest in this form. We will use the information provided inthe application to determine whether approving thisapplication is in the public interest. If we believe there may bea violation or potential violation of a FCC statute, regulation,rule or order, your application may be referred to the Federal,state or local agency responsible for investigating, prosecuting,enforcing or implementing the statute, rule, regulation ororder. In certain cases, the information in your applicationmay be disclosed to the Department of Justice or a court oradjudicative body when (a) the FCC; (b) any employee of theFCC; or (c) the United States Government is a party to aproceeding before the body or has an interest in theproceeding. In addition, all information provided in this formwill be available for public inspection.

If you owe a past due debt to the federal government, anyinformation you provide may also be disclosed to theDepartment of Treasury Financial Management Service, otherfederal agencies and/or your employer to offset your salary,IRS tax refund or other payments to collect that debt. TheFCC may also provide this information to these agenciesthrough the matching of computer records when authorized.

If you do not provide the information requested on this form,the application may be returned without action having beentaken upon it or its processing may be delayed while a requestis made to provide the missing information. Your response is

required to obtain the requested authorization.

We have estimated that each response to this collection ofinformation will take 1.5 hours. Our estimate includes thetime to read the instructions, look through existing records,gather and maintain the required data, and actually completeand review the form or response. If you have any commentson this estimate, or on how we can improve the collection andreduce the burden it causes you, please write the FederalCommunications Commission, AMD-PERM, PaperworkReduction Project (3060-0920), Washington, DC 20554. Wewill also accept your comments via the Internet if your sendthem to jboley@fcc.gov. Please DO NOT SENDCOMPLETED APPLICATIONS TO THIS ADDRESS. Remember - you are not required to respond to a collection ofinformation sponsored by the Federal government, and thegovernment may not conduct or sponsor this collection, unlessit displays a currently valid OMB control number of if we failto provide you with this notice. This collection has beenassigned an OMB control number of 3060-0920.

THE FOREGOING NOTICE IS REQUIRED BY THEPRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31,1974, 5 U.S.C. 552a(e)(3), AND THE PAPERWORKREDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1,1995, 44 U.S.C. 3507.

WORKSHEET #1a - FAMILY RELATIONSHIPS This worksheet is for use in connection with Section II, Question 5c of FCC Form 318, which requires the applicant to certify that theapplicant and the parties to the application are in compliance with the Commission's policies relating to media interests of immediatefamily members (i.e., husband, wife, father, mother, sister, brother, son and/or daughter). This worksheet need not be submitted withthe application and retention of this worksheet is not required. However, an applicant's ability to produce a copy upon request mayprove helpful in determining compliance with the Commission's rules and policies. The Commission does not presume that media interests of immediate family members should be attributed to the applicant and theparties to the application. This presumption, however, is rebuttable. Accordingly, the applicant should examine the media interestsof the principals' immediate family members to determine whether or not those media interests will be independent and not subject tocommon influence or control See Policy Statement, Clarification of Commission's Policies Regarding Spousal Attribution, 7 FCCRcd 1920 (1992); Sevier Valley Broadcasting, Inc., 10 FCC Rcd 9795 (1995). An applicant should review this worksheet if theanswer to the following question is "Yes":

Does any member of the immediate family (i.e., husband, wife, father, mother, sister, brother, son and/ordaughter) of any party to the application have any interest in or connection with any other broadcaststation, pending broadcast application, or daily newspaper in the same area?

Yes No

For purposes of this policy, a low power FM and a full-service broadcast station are in the same area if the entire proposed area ofservice of the low power FM station is encompassed by the full-service station's principal community coverage contour (2 mV/mcontour for AM stations; 1 mV/m (60 dBu) for FM stations, including FM translator stations and FM booster stations; Grade Acontour for TV stations, including TV translator stations and LPTV stations). A low power FM station and a daily newspaper are inthe same area if the low power FM station's proposed area of service encompasses the entire community in which the dailynewspaper is published. (A daily newspaper is one that is published four or more days per week, is in the English language, and iscirculated generally in the community of publication. A college newspaper is not considered to be circulated generally. See 47C.F.R. Section 73.3555(d) and Note 6.) Two low power FM stations are considered to be in the same area if their transmittingantennas are located within seven miles of one another. If the answer to the above-stated question is "Yes," answer the following questions for each such relationship:

1. Has the family member who is not included as a party to the application been involved innegotiations for the construction of the station?

2. Has the family member who is not included as a party to the application provided financing orotherwise been involved in the process of making financial arrangements for the construction of thestation?

3. Is this the first broadcast ownership interest of the family member who is a party to the application?

4. Are the family members involved together in the management or operation of any other mediainterests located in other areas?

5. Are there any agreements, arrangements or understandings, either written or oral, between the familymembers with same-area media interests for the participation of one family member in the financialaffairs, commercial practices, programming, or employment practices of the other family member'smedia entity. Consider, for example, joint sales agreements, local marketing agreements, andarrangements to share facilities or personnel.

Yes No

Yes No

Yes No

Yes No

Yes No

If the applicant answers "No" to questions 1 through 5 above, the applicant may conclude that it is in compliance with theCommission's policies relating to media interests of immediate family members. If the applicant answers "Yes" to any one ofquestions 1 through 5 above, the applicant must answer "No" to Section II, Question 5c of FCC Form 318, and must submit anexplanatory exhibit providing a detailed statement regarding the business or media relationship involved between family members.

FCC 318 Worksheet 1a March 2000

WORKSHEETS FOR FCC FORM 318APPLICATION FOR CONSTRUCTION PERMIT FOR A LOW POWER FM BROADCAST STATION

FCC 318 Worksheet 1bMarch 2000

WORKSHEET #1b - INVESTOR INSULATION AND NON-PARTY INFLUENCE OVER ASSIGNEE/APPLICANT This section of the worksheet may be used in connection with Section II, question 5d of FCC Form 318, which requires the applicantto certify that it complies with the Commission's restrictions relating to the insulation and non-participation of non-party investorsand creditors. See Review of the Commission's Regulations and Policies Affecting Investment in the Broadcast Industry, 14 FCCRcd 12559 (1999). It indicates the kinds of contractual relationships that may, in the Commission's view, exceed the authority of aproperly insulated investor or demonstrate some indicia of de facto control by a creditor. I. Investor Insulation If an applicant is a limited partnership or a limited liability company ("LLC") that seeks to insulate partners or members inaccordance with the Commission's attribution rules, the applicant shall ensure that each such limited partner or LLC member is notmaterially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership or LLC. To ensure that each such limited partner or LLC member is not materially involved, directly or indirectly, in the management oroperation of the media-related activities of the partnership or LLC, the applicant must answer the following inquiries. Do the limitedpartnership or LLC enabling documents:

a. specify that any exempt limited partner/LLC member (if not a natural person, its directors, officers,partners, etc.) cannot act as an employee of the limited partnership/LLC member if his or herfunctions, directly or indirectly, relate to the media enterprises of such entity?

b. bar any exempt limited partner/LLC from serving, in any material capacity, as an independentcontractor or agent with respect to the partnership/LLC's media enterprises?

c. restrict any exempt limited partner/LLC member from communicating with the limitedpartnership/LLC, the general partner, or any LLC management committee on matters pertaining tothe day-to-day operations of its business?

d. empower the general partner/LLC management committee to veto any admissions of additionalgeneral partners/LLC members admitted by vote of the exempt limited partners/LLC members?

e. prohibit any exempt limited partner/LLC member from voting on the removal of a generalpartner/LLC member or limit this right to situations where the general partner/LLC member is (i)subject to bankruptcy proceedings, as described in Section 402(4)-(5) of the Revised UniformLimited Partnership Act, (ii) is adjudicated incompetent by a court of competent jurisdiction, or (iii)is removed for cause, as determined by an independent party?

f. bar any exempt limited partner/LLC member from performing any services to the limitedpartnership/LLC materially relating to its media activities, with the exception of making loans to, oracting as a surety for, the business?

g. state, in express terms, that any exempt limited partner/LLC member is prohibited from becomingactively involved in the management or operation of the media businesses of the limitedpartnership/LLC?

If the answer is "Yes" to each of these conditions with regard to every limited partner and LLC memberthat the applicant seeks to insulate and the relevant state statute authorizing the LLC permits a LLCmember to insulate itself in accordance with the Commission's criteria, the applicant may certify that itcomplies with the Commission's restrictions regarding insulation of non-party investors. If "No" to theforegoing, the applicant must respond "No" to Section II, Item 5d of FCC Form 318 and submit anexplanatory exhibit detailing the rights of any non-party investor and setting forth the applicant's reasonsfor not treating the investor as a party to the application.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

FCC 318 Worksheet 1b (Page 2)March 2000

II. Non-Party Influence Over Applicant A. Non-party investors, i.e., investors with nonattributable interests, may have very limited powers over the operations of a licensee. Accordingly, with respect to any agreement, arrangement or understanding involving insulated parties or other investors withnonattributable interests, including creditors, secured parties, program suppliers, and any other persons not disclosed as parties to thisapplication, does such agreement:

1. give any non-party investor the right to vote on any matters decided by the applicant's board ofdirectors, partnership committee or other management group;

2. give any non-party investor the right to attend, or appoint an observer to attend, applicant board,partnership or other management meetings;

3. place any limitation on applicant programming discretion;

4. give any non-party investor the right to vote on, approve or restrict applicant's actions on any matterrelating to programming, personnel or finances;

5. give any non-party creditor or any bond, debenture or warrant holder the right to vote on, approve orrestrict the applicant's actions on any matter relating to programming, personnel or finances;

6. give any non-party investor that holds a non-voting convertible interest the right to convert such aninterest and acquire control of the applicant based on the applicant's actions relating toprogramming, personnel and finances;

7. give any non-party investor, creditor, or bond, debenture or warrant holder the right to vote on,approve or deny the selection or removal of a general partner of an applicant partnership or amember of the applicant's governing body; and

8. give any non-party investor, creditor, or bond, debenture or warrant holder the right to convert,tender or require the tendering of stock pursuant to a put-or-call agreement based on the actions ofthe applicant relating to programming, personnel or financing.

If the answer to all of these conditions is "No" with regard to every non-party investor and creditor, andthere are no other provisions that cede de facto control to a non-party, applicant may certify that itcomplies with the Commission's restrictions regarding non-participation of non-party investors andcreditors. If the answer to any of these inquiries is "Yes," the applicant must respond "No" to Section II,Item 5d of FCC Form 318 and submit an exhibit detailing the rights of any non-party investor and settingforth the applicant's reasons for not treating the investor as a party to the application.

B. With respect to any loan agreement, has the applicant ensured that such agreement:

1. includes an unconditional promise by the applicant to pay on demand or on a specific date a sumcertain;

2. contains a fixed or defined variable rate of interest on the loan; and

3. does not prohibit the redemption of the loan by the applicant, or permit redemption at the option ofthe lender only?

If the answer to each of these inquiries is "Yes," and if there are no other provisions that may givenon-party investors control, the applicant may conclude that it complies with the Commission'srestrictions regarding non-participation of non-party investors and creditors. If not, the applicant mustrespond "No" to Section II, Item 5d of FCC Form 318 and submit an exhibit detailing the rights of thelender and the obligations of the applicant for each loan agreement.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

WORKSHEET 2 - GENERAL ENVIRONMENTAL WORKSHEET

Commission grant of an application may have a significant environmental impact, thereby requiring an Environmental Assessment(EA). Applicants answering "Yes" to any question below must submit an Environmental Assessment, which is described in theinstructions for Section V. In order to respond "Yes" to Question 11 in Section V of the application, you must answer "No" to all 8 Questions. Applicants that answered "No" to Question 8 below based upon information other than that in the attached RF Worksheet to supporttheir RF compliance statement, may answer "No" to Question 11, Section V. However, such applications must include an exhibitdemonstrating their compliance with the RF guidelines. MY FACILITY:

1. involves high intensity white lighting located in residential neighborhoods.

2. is located in an officially designated wilderness area or wildlife preserve.

3. threatens the existence or habitat of endangered species.

4. affects districts, sites, buildings, structures or objects significant in American history, architecture,archaeology, engineering or culture that are listed in the National Register of Historic Places or areeligible for listing.

5. affects Indian religious sites.

6. is located in a floodplain.

7. requires construction that involved significant changes in surface features (e.g., wetland fill,deforestation or water diversion).

8.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes Nodoes not comply with the FCC established guidelines regarding exposure to RF electromagnetic fieldsas described in OET Bulletin 65. (Complete the worksheet on the following page for theappropriate class and situation to determine compliance with the RF radiation guidelines.)

FCC 318 Worksheet 2March 2000

FCC 318 Worksheet 2March 2000

WORKSHEET 3 - RF EXPOSURE WORKSHEET

Complete one of the following sections.

1. A single LPFM station that does not share its tower with any other non-excluded RF sources (including, but not limitedto, FM or TV transmitting antennas) and is located more than 315 meters (1,034 feet) from any other tower ornon-excluded RF radiation sources. LP100 stations: the maximum operating power (ERP) for your station will not exceed 100 watts.

a. Enter the height above ground level to the lowest part of your antenna:(If your antenna is mounted on a building or rooftop, use the height from the bottom of yourtower or support structure to the lowest part of your antenna). This value must be at least 6meters (20 feet).

b. While your antenna is transmitting enter the minimum distance in any direction that will bemaintained between any part of the radiating structure of the antenna and any nearby person orpersons: This value must be at least 4.1 meters (13 feet 5 inches).

2.

LP10 stations: the maximum ERP for your station will not exeed 10 watts.

a. Enter the height above ground level to the lowest part of your antenna:(If your antenna is mounted on a building or rooftop, use the height from the bottom of yourtower or support structure to the lowest part of your antenna). This value must be at least 3.1meters (10 feet 2 inches)).

b. While your antenna is transmitting enter the minimum distance in any direction that will bemaintained between any part of the radiating structure of the antenna and any nearby person orpersons: This value must be at least 1.3 meters (4 feet 3 inches).

A single LPFM station on a tower that supports other non-excluded RF sources.

LP100 stations: the maximum ERP for your station will not exceed 100 watts.

Enter the height above ground level to the lowest part of your antenna:(If your antenna is mounted on a building or rooftop, use the height from the bottom of yourtower or support structure to the lowest part of your antenna). This value must be at least 20meters (65 feet 7 inches).

LP10 stations: the maximum ERP for your station will not exceed 10 watts.

Enter the height above ground level to the lowest part of your antenna:(If your antenna is mounted on a building or rooftop, use the height from the bottom of yourtower or support structure to the lowest part of your antenna). This value must be at least 8meters (26 feet 3 inches).

If a proposed station does not meet these minimum distance requirements it may not be in compliance with the Commission'sradiofrequency exposure guidelines. In such cases, the applicant will need to perform an environmental evaluation for the proposedstation and may have to submit an Environmental Assessment (EA). If the proposed station does not meet the minimum distancerequirements, or if the proposed station doesn't fall under categories one or two above, the applicant should consult OET Bulletin 65(and Supplement A to Bulletin 65) for further information on evaluating its site. In particular, see sections of the bulletin andsupplement on "FM radio broadcast stations" and on "multiple transmitter sites." These documents are available from the followingWeb site: www.fcc.gov/oet/rfsafety or call: (202) 418-2464 to request copies. An applicant may also send requests or inquiriesabout RF safety requirements to: rfsafety@fcc.gov.

FCC 318 Worksheet 3March 2000

Federal Communications CommissionWashington, D. C. 20554

FOR COMMISSION USE ONLY

FILE NO.

Approved by OMB3060-0920

APPLICATION FOR CONSTRUCTION PERMIT FOR A LOW POWER FM BROADCAST STATION

FCC 318

FCC 318March 2000

Application Purpose.

Section I - General Information1. Legal Name of the Applicant

Telephone Number (include area code)

City

Mailing Address

E-Mail Address (if available)

ZIP CodeState or Country (if foreign address)

2. Contact Representative (if other than applicant) Firm or Company Name

E-Mail Address (if available)Telephone Number (include area code)

3.

a. File number of original construction permit: ______________________________ N/A

FORFCCUSE

ONLY

If an amendment, submit as an Exhibit a listing by section and question number of theportions of the pending application that are being revised.

Call Sign Facility ID Number

Exhibit No.

b. Station location: StateCity

New station

Major change in licensed facility

Minor change in licensed facility

Major modification of construction permit

Minor modification of construction permit

Amendment to pending application

NOTE: The failure to include an explanatory exhibit providing full particulars in connection with a "No" response mayresult in dismissal of the application. See General Instructions, Paragraph I for additional information regarding thecompletion of explanatory exhibits.

Section II - Legal

Certification. Applicant certifies that it has answered each question in this applicationbased on its review of the application instructions and worksheets. Applicant furthercertifies that where it has made an affirmative certification below, this certificationconstitutes its representation that the application satisfies each of the pertinent standardsand criteria set forth in the application, instructions, and worksheets.

1. Yes No

2.

it is a nonprofit educational institution; or Yes Noa.

Note: Applicants that answer "Yes" to 2a. or 2b. must include an exhibit that describes theapplicant's educational program and how its proposed station will be used to advance itseducational program. The exhibit should include the state and date of applicant'sincorporation.

3. Parties to the Application.

(3) Positional Interest: Officer, director, general partner, limited partner, LLC member, or

investor/creditor attributable under the Commission's equity/debt plus standard.(4) Percentage of votes.(5) Percentage of total assets (equity plus debt).

Name and address of party. (1)

List separately each party to the application including, as applicable, the applicant, its officers, directors, five percent orgreater stockholders, non-insulated partners, members, and all other persons and entities with attributable interests. If acorporation or partnership holds an attributable interest in the applicant, list separately, as applicable, its officers,directors, five percent or greater stockholders, non-insulated partners, and board members. Create a separate row foreach individual or entity. Attach additional pages if necessary.

a.

Citizenship.(2)

FCC 318 (Page 2)March 2000

New LPFM station applicants must complete all questions in Section II. Major and minor change applicants must complete onlyquestions 1, 4, 6, 7 and 9.

Eligibility. Each applicant must answer "Yes" to one and "No" to two of the threefollowing certifications. An applicant should not submit an explanatory exhibit inconnection with these Question 2 "No" responses.

The applicant certifies that:

it is a nonprofit educational organization; or b.

it proposes a noncommercial public safety radio service to protect the safety of life,health or property.

c.

Yes No

Yes No

Exhibit No.

(1) (2) (3) (5)(4)

Applicant certifies that equity and financial interests not set forth above arenon-attributable.

b.

N/A

See Explanationin Exhibit No.

Yes NoYes No

4. Community-Based Criteria. The applicant certifies that:

it is a nonprofit educational institution or organization that is physicallyheadquartered or has a campus within 16.1 kilometers (10 miles) of the proposedtransmitting antenna site set forth in this application;

b.

it is a nonprofit educational institution or organization that has 75 percent of its boardmembers residing within 16.1 kilometers (10 miles) of the proposed transmittingantenna site set forth in this application; or

Yes No

Yes No

5. Ownership. The applicant certifies, based on its completion of Worksheet 1 and its reviewof the instructions to this application, that:

Yes No

See Explanationin Exhibit No.

Yes NoYes No6. Character Issues. The applicant certifies that neither the applicant nor any party to theapplication has or has had any interest in, or connection with:

a.

b.

any broadcast application in any proceeding where character issues were leftunresolved or were resolved adversely against the applicant or party to theapplication; or

any pending broadcast application in which character issues have been raised.

FCC 318 (Page 3)March 2000

b.

c. it proposes a public safety radio service and has jurisdiction within the service area ofthe proposed LPFM station.

Yes No

a. no party to this application has an attributable interest in any other low power FMbroadcast station;

no party to this application has an attributable interest in any non-LPFM broadcaststation, including any full power AM or FM station, FM translator station, full or lowpower television station, or any other media subject to the Commission's broadcastownership restrictions;

Yes No

c. the applicant is in compliance with the Commission's policies relating to media interestsof immediate family members; and

Yes No

d. the applicant is in compliance with the Commission's policies relating to investorinsulation and the non-participation of non-party investors and creditors.

Yes No

Adverse Findings. The applicant certifies that no adverse finding has been made and noadverse final action has been taken by any court or administrative body as to the applicant,any party to this application, or any non-party equity owner in the applicant, in a civil orcriminal proceeding brought under the provisions of any law related to the following: anyfelony; mass media related antitrust or unfair competition; fraudulent statements to anothergovernmental unit; or discrimination?

If the answer is "No," attach as an Exhibit a full disclosure concerning the persons andmatters involved, including an identification of the court or administrative body and theproceeding (by dates and file numbers), and a description of the disposition of the matter.Where the requisite information has been earlier disclosed in connection with anotherapplication or as required by 47 C.F.R. Section 1.65, the applicant need only provide: (i)an identification of that previous submission by reference to the file number in the case ofan application, the call letters of the station regarding which the application or Section 1.65information was filed, and the date of filing; and (ii) the disposition of the previouslyreported matter.

7. Yes No

Exhibit No.

a.

See Explanationin Exhibit No.

Note: An applicant should not submit an explanatory exhibit in connection with theseQuestion 4 "No" responses.

8.

The applicant certifies, under penalty of perjury, that neither the applicant nor anyparty 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 inviolation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C.Section 301.

Yes No

For applicants responding "No" to Question 8a. only, the applicant certifies, underpenalty of perjury, that to the extent the applicant or any party to the application hasengaged in any manner, individually or with other persons, groups, organizations orother entities, in the unlicensed operation of a station in violation of Section 301 ofthe Communications Act, as amended, 47 U.S.C. Section 301, all such engagement:

b.

Yes Noceased voluntarily no later than February 26, 1999, without direction from theCommission to do so; or

i.

ceased within 24 hours of being directed by the Commission to terminateunlicensed operation of any station.

ii.

Yes No9. Anti-Drug Abuse Act Certification. Applicant certifies that neither the applicant nor anyparty to the application is subject to denial of federal benefits pursuant to Section 5301 ofthe Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.

Yes No

Section III - Point System Factors

New station and major change applicants must complete the following questions.

Point system factors are used only for selection among mutually exclusive applications for new LPFM stations and majormodifications of authorized LPFM stations. Mutually exclusive applicants will be awarded one point for each of the following:

Educational Institutions and Organizations. The applicant certifies that, for aperiod of at least two years prior to the date of this application, it has existed as aneducational institution or organization and has been physically headquartered, has hada campus, or has had seventy-five percent of its board members residing within 10miles of the coordinates of the proposed transmitting antenna.

An applicant claiming a point under factor 1a. must submit an exhibit documenting itsestablished community presence. See instructions.

1.

Yes No

Established community presence.

a.

b. Public Safety Radio Service. The applicant certifies that, for a period of at least twoyears prior to the date of this application, it has had jurisdiction within the service areaof the proposed public safety radio service LPFM station.

2. Proposed operating hours. The applicant pledges to operate the proposed station for atleast 12 hours per day.

3. Local program origination. The applicant pledges to originate locally at least eight hoursof programming per day.

Note: For purposes of this factor, local origination is the production of programmingwithin 10 miles of the coordinates of the proposed transmitting antenna.

Yes No

Yes No

FCC 318 (Page 4)March 2000

Yes No

a.

Unlicensed Operation.

Exhibit No.

The applicant certifies that the statements in this application are true, complete, and correct to the best of its knowledge and belief,and are made in good faith.

The applicant acknowledges that all certifications and attached Exhibits are considered material representations.

The applicant acknowledges that the submission of false or misleading statements will subject the applicant to fines, revocation oflicense(s), and applicable criminal penalties.

The applicant hereby waives any claim to the use of any particular frequency as against the regulatory power of the United Statesbecause of the previous use of the same, whether by licensee or otherwise, and requests an authorization in accordance with thisapplication. (See Section 304 of the Communications Act of 1934, as amended.)

Typed or Printed Name of Person Signing

Signature Date

Typed or Printed Title of Person Signing

FCC 318 (Page 5)March 2000

Section IV - Certification

Section V LPFM Engineering

1.

Channel:

3. Antenna Location Coordinates: (NAD 27)

' "N S Latitude

o ' "E W Longitude

5. Antenna Location Site Elevation Above Mean Sea Level: meters

6. Overall Tower Height Above Ground Level: meters

7. Height of Antenna Radiation Center Above Ground Level: meters

TECHNICAL SPECIFICATIONSApplicants must list technical specifications accurately. Contradictory data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable.

TECH BOX

o

4. Antenna Structure Registration Number:

Not applicable FAA Notification Filed with FAA

Antenna Structure Registration Number:

THE FOLLOWING PREPARER'S CERTIFICATION MUST BE COMPLETED AND SIGNED. FCC 318 (Page 6)March 2000

Yes No

Yes No9. Interference. The applicant certifies that the proposed facility complies with allpertinent distance separation requirements of 47 C.F.R. Section 73.807.

Note: New station applications that fail to meet all Section 73.807 separationrequirements will be returned and not provided an opportunity to file a curativeamendment.

See Explanationin Exhibit No.

Yes No

12.

National Environmental Policy Act. The applicant certifies, based on its completion ofWorksheets 2 and 3 and its review of the instructions to this application, that the proposedfacility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., thefacility will not have a significant environmental impact and complies with the maximumpermissible radiofrequency electromagnetic exposure limits for controlled and uncontrolledenvironments). Unless the applicant can determine compliance through the use of theattached General Environmental and RF Exposure Worksheets, an Exhibit is required.

2.

LP100 LP10Class:

8. Power and height limitations. By checking "Yes", the applicant acknowledges that itwill be authorized to operate within the parameters defined in 47 C.F.R. Section 73.811as calculated based on the data specified herein.

Yes No

An explanatory exhibit providing full particulars must be submitted for each question for which a "No" response isprovided.

a.

Short-Spaced Stations. Major and minor change applicants responding "No" toQuestion 9a. must answer Question 9b. The applicant certifies that the proposed facilitymodification complies with 47 C.F.R. Section 73.807(f).

b

N/A

10. TV Channel 6 Interference (Channel 201-220). The applicant certifies that the proposedfacility complies with 47 C.F.R. Section 73.825.

Yes No See Explanationin Exhibit No.

N/A

11.

See Explanationin Exhibit No.

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT

(U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

State or Country (if foreign address)

I certify that I have prepared Section V (Engineering Data) on behalf of the applicant, and that after such preparation, I haveexamined and found it to be accurate and true to the best of my knowledge and belief.

ZIP Code

PREPARER'S CERTIFICATION

Mailing Address

Name Relationship to Applicant (e.g., Consulting Engineer)

Date

City

Telephone Number (include area code) E-Mail Address (if available)

Signature

FCC 318 (Page 7)March 2000