Federal Communications Commission · 2011. 8. 22. · C.F.R. Section 73.1030, the applicant must...

Federal Communications Commission

FCC MB - CDBS Electronic Filing Account number: 275053

Description: WVPG(FM) BMLED-20091210AAS TO GO FROM A 6 BAY TO 4 BAY

Application Reference Number: 20110819AAW Successfully filed at Aug 19 2011 2:05PM

Based on the information supplied, no fee is required.

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Page 1 of 1Application Filing Results

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Section I - General Information

NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section II - Legal and Financial

Federal Communications Commission Washington, D.C. 20554

Approved by OMB3060-0506 (June 2002)

FCC 302-FM

FOR FCC USE ONLY

APPLICATION FOR FM BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY FILE NO.

- 20110819AAW

1. Legal Name of the Applicant WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY

Mailing Address 600 CAPITOL STREET

City CHARLESTON

State or Country (if foreign address) WV

ZIP Code 25301 - 1223

Telephone Number (include area code) 3045564900

E-Mail Address (if available)

FCC Registration Number: 0002017572

Call Sign WVPG

Facility Identifier 70642

2. Contact Representative (if other than Applicant)TOM W. DAVIDSON, ESQ.

Firm or Company NameAKIN GUMP STRAUSS HAUER & FELD LLP


E-Mail Address (if available)[email protected]

3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):

Governmental Entity Noncommercial Educational Licensee/Permittee Other

N/A (Fee Required)

4. Facility Information:

a. Commercial Noncommercial

b. Directional Nondirectional

c. Community of License:

City: PARKERSBURG State: WV

5. Program Test Authority:

Requesting program test authority.

Station operating pursuant to automatic program test authority (47 C.F.R. Section 73.1620(a)(1)).

6. Purpose of Application:

Cover construction permit (list most recent construction permit file number -- starts with the prefix BPH, BNPH, BMPH, BPED, BMPED, or BMPED):

-

Modify an authorized license (list license file number -- starts with the prefix BLH, BMLH, BLED, or BMLED):

BMLED-20091210AAS

Amend a pending application If an amendment, submit as an Exhibit a listing by Section and Question Number the portions of the pending application that are being revised. [Exhibit 1]

Page 1 of 6CDBS Print

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I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)

SECTION III - PREPARER'S CERTIFICATION

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

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001),

1. Certification. Applicant certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Applicant further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets.

Yes No

2. Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met.

Yes No See Explanation in

[Exhibit 2]

3. Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect.


[Exhibit 3]

4. Character Issues. Applicant certifies that neither licensee/permittee nor any party to the application has or has 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; orb.any pending broadcast application in which character issues have been raised.


[Exhibit 4]

5. Adverse Findings. Applicant certifies that, with respect to the applicant and any party to the application, no adverse finding has been made, nor has an adverse final action been taken related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination.


[Exhibit 5]

6. Anti-Drug Abuse Act Certification. Applicant certifies that neither licensee/permittee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.

Yes No

Typed or Printed Name of Person Signing DENNIS ADKINS

Typed or Printed Title of Person Signing EXECUTIVE DIRECTOR

Signature Date8/17/2011

Name RYAN WILHOUR

Relationship to Applicant (e.g., Consulting Engineer)CONSULTING ENGINEER

Signature Date8/17/2011

Mailing Address 507 NW 60TH STREET SUITE C

City GAINESVILLE

State or Country (if foreign address)FL

Zip Code 32607 -


E-Mail Address (if available)[email protected]



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).

Section III - Engineering

TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable.

TECH BOX

1. Channel: 212

2. a. Effective Radiated Power: 9 kW(H) 9 kW(V) b. Maximum Effective Radiated Power: (Beam-Tilt Antenna ONLY) Not Applicable

kW(H) kW(V)

3. Transmitter Power Output: 4.6 kW

4. Antenna Data Manufacturer COL

Model G5CPS-4AE

Number of Sections4

Spacing Between Sections (wavelength)1


CERTIFICATION All applicants must complete this section. 5. Main Studio Location. The main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in [Exhibit 6]

6. Transmitter Power Output. The operating transmitter power output produces the authorized effective radiated power.

Yes No


APPLICATIONS FILED TO COVER A CONSTRUCTION PERMIT.Only applicants filing this application to cover a construction permit must complete the following section.


7. Constructed Facility . The facility was constructed as authorized in the underlying construction permit or complies with 47 C.F.R. Section 73.1690.

Yes No


8. Special Operating Conditions. The facility was constructed in compliance with all special operating conditions, terms, and obligations described in the construction permit.

Yes No


An exhibit may be required. Review the underlying construction permit. [Exhibit 10]

APPLICATIONS FILED PURSUANT TO 47 C.F.R. SECTIONS 73.1675(c) or 73.1690(c). Only applicants filing this application pursuant to 47 C.F.R. Sections 73.1675(c) or 73.1690(c) must complete the following section.

9. Changing transmitter power output. Is this application being filed to authorize a change in



transmitter power output caused by the replacement of omnidirectional antenna with another omnidirectional antenna or an alteration of the transmission line system? See 47 C.F.R. Sections 73.1690(c)(1) and (c)(10).

Yes No

10. Increasing effective radiated power. Is this application being filed to authorize an increase in ERP for a station operating in the nonreserved band (Channels 221-300)? See 47 C.F.R. Sections 73.1690(c)(4), (c)(5) and (c)(7).

If "Yes" to the above, the applicant certifies the following:

Yes No

a. Spacing Requirements. The increase in ERP was authorized pursuant to MM Docket 88-375 (Class A stations) OR the facility complies with the spacing requirements of 47 C.F.R. Section 73.207.

Yes No


b. International Coordination. The transmitter site is greater than 320 km from the Canadian or Mexican borders OR coordination for the station's international class is complete.

Yes No


c. Interference. The requirements of 47 C.F.R. Section 73.1030 regarding notification to radio astronomy installations, radio receiving installations and FCC monitoring stations have either been satisfied OR are not applicable.

Yes No


Exhibit required. If the proposed facility must be notified to the entities set forth in 47 C.F.R. Section 73.1030, the applicant must provide a copy of the written approval for the ERP increase from the affected entity.

[Exhibit 14]

d. Multiple Ownership Showing. The increase in ERP will not require the consideration of a multiple ownership showing pursuant to 47 C.F.R. Section 73.3555.

Yes No


e. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

Yes No


By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.

11. Increasing vertically polarized effective radiated power. Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(4) to authorize an increase in the vertically polarized ERP for a station operating in the reserved band (Channels 200-220)?


Yes No

a. TV Channel 6 Protection Requirements. The facility complies with the spacing requirements of 47 C.F.R. Section 73.525(a)(1).

Yes No


b. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1 306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and u ncontrolled environments). Unless the applicant can determine compliance through the use o f the RF worksheets in Appendix A, an Exhibit is required.

Yes No





12. Decreasing effective radiated power (non-reserved channel). Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(8) to authorize a decrease in the ERP for a station operating in the nonreserved band (Channels 221-300)?


Yes No

a. Community Coverage . The proposed facility complies with the community coverage requirements of 47 C.F.R. Section 73.315 where the distance to the 3.16 mV/m contour is predicted using the standard prediction method in 47 C.F.R. Section 73.313.

Yes No


b. Auxiliary Facilities. The authorized or pending auxiliary facilities for this station comply with 47 C.F.R. Section 73.1675(a).

Yes No


c. Multiple Ownership Showing. The decrease in ERP is not requested or required to establish compliance with 47 C.F.R. Section 73.3555.

Yes No


13. Decreasing effective radiated power (reserved channel). Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(8) to authorize a decrease in the ERP for a station operating in the reserved band (Channels 200-220)?


Yes No

a. Community Coverage . The proposed facility complies with the community coverage requirements of 47 C.F.R. Section 73.1690(c)(8)(i) where the distance to the 1 mV/m contour is predicted using the standard prediction method in 47 C.F.R. Section 73.313.

Yes No


b. Auxiliary Facilities. The authorized or pending auxiliary facilities for this station comply with 47 C.F.R. Section 73.1675(a).

Yes No


14. Replacing a directional antenna. Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(2) to replace a directional antenna with another directional antenna?


Yes No

a. Measurement of Directional Antenna. The composite measured pattern and measurement procedures comply with 47 C.F.R. Section 73.1690(c)(2). Exhibit required.


[Exhibit 24]

[Exhibit 25]

b. Installation of Directional Antenna. The installation of the directional antenna complies with 47 C.F.R. Section 73.1690(c)(2). Exhibit required.


[Exhibit 26]

[Exhibit 27]

15. Deleting contour protection status. Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(6) to delete contour protection status (47 C.F.R. Section 73.215) for a station operating in the nonreserved band (Channels 221-300)?

Yes No

If "Yes" to the above, the applicant certifies that the facility complies with the spacing Yes No



Exhibits

Attachment 6

Attachment 7

requirements of 47 C.F.R. Section 73.207. See Explanation in[Exhibit 28]

16. Use a formerly licensed main facility as an auxiliary facility. Is this application being filed pursuant to 47 C.F.R. Section 73.1675(c)(1) to request authorization to use a formerly licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility?


Yes No

a. Auxiliary antenna service area. The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a).

Yes No


b. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1 306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

Yes No



17. Change the license status. Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(9) to change the license status from commercial to noncommercial or from noncommercial to commercial?

Yes No

If "Yes" to the above, submit an exhibit providing full particulars. For applications changing license status from commercial to noncommercial, include Section II of FCC Form 340 as an exhibit to this application.

[Exhibit 31]

PREPARERS CERIFICATION ON PAGE 3 MUST BE COMPLETED AND SIGNED.

Description

Studio Waiver Request

Description

Engineering Narrative and RFR Study



KESSLER AND GEHMAN ASSOCIATES, INC.

Exhibit 6 – Main Studio Location Waiver

WVPG(FM) - Parkersburg, WV Page 1 of 3

MAIN STUDIO RULE WAIVER REQUEST

West Virginia Educational Broadcasting Authority (“WVEBA”) hereby requests a

waiver of Section 73.1125(a)1 of the Commission’s rules to permit WVPG(FM) to operate

without a main studio in its proposed community of license, Parkersburg, West Virginia.

Specifically, WVEBA requests the instant waiver to enable WVPG(FM) to be operated as a

satellite station as part of a centralized network of NCE radio stations operated in West

Virginia by WVEBA. Each of the satellite stations that comprise this centralized network share

the main studio facilities of WVPN(FM), Charleston, West Virginia, Facility ID No. 70604

(“WVPN”) and WVEBA proposes for the Proposed NCE Station also to share the WVPN

main studio.

Section 73.1125(a) requires each broadcast station to maintain a main studio located

(i) within the station’s community of license; (ii) within the principal community contour of

any other broadcast station licensed to the station’s community of license; or (iii) within 25

miles of the reference coordinates of the center of the station’s community of license.

However, pursuant to Sections 73.1125(b)(2), a broadcast station may locate its main

studio in a location other than that described in Section 73.1125(a) if “good cause” exists to

do so and the proposed main studio location “would be consistent with the operation of the

station in the public interest.” Further, Section 73.1125(d) requires an FM licensee to

obtain prior authority from the Audio Division of the Media Bureau to locate an FM

station’s main studio outside the locations specified in Section 73.1125(a).

It is the Commission’s longstanding policy to grant “waivers to state and regional

public television and radio networks to operate satellite stations that do not necessarily

1 47 C.F.R. § 73.1125(a).




meet the requirements of a main studio” because the satellite stations are operated as part of

a network of NCE stations that share a centralized main studio.2 The Commission has

recognized “the realities of public broadcasting funding and the ongoing problems of

educational licensees in raising the necessary funds to expand and provide noncommercial

programming,” which requires such NCE licensees “necessarily [to] find ways to get cost

efficient programming to as many viewers as possible.”3 The Commission has determined

that such centralized NCE broadcast networks can enable their licensees to realize savings

“from not having to construct a main studio” and that such savings can be used “in

expanding quality programming to a greater number of viewers.”4 As a result, the

Commission generally has found that “’good cause’ exists to waive the main studio location

requirement where satellite operations are proposed.”5

WVEBA is committed to providing high-quality educational programming to fulfill its

local service obligations to the residents of Parkersburg, WVEBA commits to regularly

interviewing and surveying local community leaders and residents. Additionally, a member

of the WVEBA news department will serve as a local public affairs representative to respond

to the interests, concerns, and needs of the local Parkersburg community. This

representative will serve as a liaison between the Parkersburg residents and WVEBA

programming personnel. These activities will enable WVEBA to ensure that it broadcasts

public affairs programming that addresses the interests, concerns, and needs of Parkersburg

listeners. WVEBA also will maintain a toll-free telephone number as required by Section 2 The President and Board of Trustees of the Miami University, Hearing Designation Order, 7 FCC Rcd 2902, ¶ 6 (AD/MB 1992) (internal quotations and citations omitted); see also Amendment of Sections 73.1125 and 73.1130 of the Commission’s Rules, Memorandum Opinion and Order, 3 FCC Rcd 5024, ¶¶ 25-31 (1988) (citing Nebraska Educational Television Commission, Memorandum Opinion and Order, 4 Rad. Reg. 2d 771, ¶ 2 (1965)) (“Main Studio Order”); Sound of Life, Inc., Hearing Designation Order, 4 FCC Rcd 8273, ¶¶ 3-4 (AD/MB 1989); The Cedarville College, Hearing Designation Order, 6 FCC Rcd 538, ¶¶ 5-6 (1990); John Griffith Johnson, Esq., Letter, 20 FCC Rcd 10903 (VD/MB 2005). 3 Lift Him Up Outreach Ministries, Inc., Hearing Designation Order, 3 FCC Rcd 5571, ¶¶ 8-9 (AD/MB 1988). 4 Id. 5 Jeffrey D. Southmayd, Esq., Letter, 2002 FCC Lexis 6524, 1800B3-RAB (AD/MB rel. Dec. 10, 2002); see also Main Studio Order, at ¶ 30 (permitting NCE stations to seek “good cause” waivers of the main studio rule to permit the NCE stations to “recognize[] the benefits of centralized operations”).




73.1125(d)6 of the Commission’s rules to enable Parkersburg to contact the WVPN main

studio, which also will serve as the Proposed NCE Station’s main studio. In addition,

WVEBA will maintain a public inspection file at the main studio as required by Section

73.3527 of the Commission’s rules.

For the reasons set forth above, WVEBA submits that the requested waiver is

supported by the public interest. Therefore, WVEBA respectfully requests the Commission

to grant the instant waiver request to enable the Proposed NCE Station to provide cost-

effective, quality educational programming consistent with the needs of the Parkersburg

community and its surrounding rural areas.

6 47 C.F.R. § 73.1125(d).


WVPG(FM) – PARKERSBURG, WV Exhibit 7 Page 1

TECHNICAL STATEMENT OF RYAN WILHOUR OF THE FIRM OF

KESSLER AND GEHMAN ASSOCIATES, INC., CONSULTING ENGINEERS

IN CONNECTION WITH AN APPLICATION FOR A LICENSE MODIFICATION TO

WVPG(FM) (FCC FILE NUMBER BMLED-20091210AAS)

WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY

PARKERSBURG, WV

APPLICATION SUMMARY

West Virginia Educational Broadcasting Authority (“WVEBA”) is the licensee of WVPG(FM)

FCC file number BMLED-20091210AAS. The instant license modification proposes to

replace the broadcast antenna with a similar antenna with less bays.

APPLICATION DISCUSSION

It is herein proposed to notify the Commission of a single physical change to WVPG(FM).

WVEBA proposes to replace the existing Collins G5CPS-6AC circularly polarized 6 bay

fully spaced omni-directional antenna with a Collins G5CPS-4AE circularly polarized 4 bay

fully spaced omni-directional antenna. The replacement antenna is mounted such that

there will be no physical change in effective center of radiation height. The transmitter

power output will be increased such that the new antenna with less gain will continue to

radiate 9kW in the Horizontal and Vertical plane. The proposed physical change is

permitted by a license modification pursuant to Section 73.1690(c)(1).



ENVIRONMENTAL IMPACT / RFR HAZARD ANALYSIS

An analysis has been made of the human exposure to RFR using the calculation

methodology described in OET Bulletin 65, Edition, 97-01. Exhibit 7.1 is a RFR study

demonstrating compliance within the most restrictive permissible exposure at any location 2

meters above the ground. The most restrictive permissible exposure at any location 2

meters above the ground for WVPG(FM) is demonstrated by the dark blue contour. The

contour demonstrates that 8.8% of the maximum allowable general population exposure

limit is predicted for the proposed facility alone; therefore, other sources of RFR must be

considered for a composite RFR prediction. Other significant contributors of RFR in the

immediate area are from W57AG and W51EG.

The most restrictive permissible exposure at any location 2 meters above the ground for

W57AG is demonstrated by the green contour and peaks at 0.8% of the maximum

allowable general population exposure limit. The most restrictive permissible exposure at

any location 2 meters above the ground for W51EG is demonstrated by the light blue

contour and peaks at 1.4% of the maximum allowable general population exposure limit.

The composite most restrictive permissible exposure at any location 2 meters above the

ground for WVPG(FM), W57AG and W51EG is demonstrated by the red contour and

peaks at 10.9 % near the base of the tower. Thus, the composite RFR analysis demonstrates

compliance by a wide margin with the most restrictive permissible exposure.

The applicant will cooperate with any other users of the tower by reducing the power to the

antenna or if necessary completely cutting it off in order to protect maintenance workers on

the tower.



CERTIFICATION

I, Ryan Wilhour, am an associate of Kessler and Gehman Associates, Inc. having offices in

Gainesville, Florida. The foregoing statement and the report regarding the aforementioned

engineering work are true and correct to the best of my knowledge. Executed on August 17,

2011.


Ryan Wilhour

Consulting Engineer

0.0%

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3.0%

4.0%

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6.0%

7.0%

8.0%

9.0%

10.0%

11.0%

0 200 400 600 800 1000 1200

Per

cent

age o

f M

axim

um P

ower

Den

sity

for

Gen

eral

Pop

ulat

ion

or U

ncon

trol

led

Exp

osur

e

Perpendicular Distance (ft) From Tower

FAR FIELD EXPOSURE TO RF EMISSIONS

Percentage of Maximum General Population or Uncontrolled Exposure for WVPG(FM)

Percentage of Maximum General Population or Uncontrolled Exposure for W57AG

Percentage of Maximum General Population or Uncontrolled Exposure for W51EG

Combined Percentage of Maximum General Population or Uncontrolled Exposure

KESSLER & GEHMANTELECOMMUNICATIONS CONSULTING ENGINEERS

507 N.W. 60th Street, Suite CGainesville, Florida 32607

WVPG(FM)PARKERSBURG, WV

20110817 EXHIBIT 7.1

KESSLER & GEHMAN ASSOCIATES, INC. TELECOMMUNICATIONS CONSULTING ENGINEERS

METHODOLOGY AND EXPLANATION OF

ENVIRONMENTAL IMPACT / RADIO FREQUENCY RADIATION HAZARD ANALYSIS

A theoretical analysis has been conducted of the human exposure to radio frequency radiation (“RFR”) using the calculation methodology described in OET Bulletin 65, Edition 97-01. The RFR analysis is conducted pursuant to the following methodology:

Terrain1 extraction is compiled from the proposed tower site to radial lengths of 0.25 miles in 0.001 mile increments for 360 radials. The power density is calculated for each terrain point at 6 feet above ground level using the elevation and azimuth pattern of the proposed broadcast antenna. The power density calculations are conducted using the lower edge of the proposed channel frequency. To account for ground reflections, a coefficient of 1.6 was included in the calculation.

The resulting cylindrical polar analysis is then summarized into a coordinate plane graph using the following methodology:

Starting from the origin the maximum calculated RFR value is determined among the 360 degree radials for each 0.001 mile increment, the value is then converted into a percentage of the maximum allowable general population or uncontrolled exposure and plotted as a function of perpendicular distance from the tower.

1 Terrain extraction is based upon a 3 arc second point spacing terrain database.

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