Federal Communications Commission Approved by OMB
Washington, D.C. 20554 3060-0027
INSTRUCTIONS FOR FCC FORM 2100
APPLICATION FOR MEDIA BUREAU
VIDEO SERVICE AUTHORIZATION
GENERAL
INSTRUCTIONS
A. We have estimated that each response to this collection of
information will take on average 3.5 hours for different
Schedules attached to this form. Our estimate includes the
time to read the instructions, look through existing
records, gather and maintain required data, and actually
complete and review the form or response. If you have
any comments on this estimate, or on how we can
improve the collection and reduce the burden it causes
you, please write the Federal Communications
Commission, AMD-PER
M, Washington, DC 20554,
Paperwork Reduction Project (3060-0798). We
w
il
l also
accept your comments via the Internet at PRA@fcc
.gov.
Please do not send completed application forms to this
address.
You are not required to respond to a collection of
information sponsored by the Federal government, and
the government may not c
onduct
or sponsor this
collection unless it displays a currently valid OMB
control number with this notice.
This notice is required by the Privacy Act of 1974, Public
Law 93-579, December 31, 1974, 5 U.S.C. § 552a(e)(3)
and the Paperwork Reduction Act of 1995, Public Law
104-13, October 1, 1995, 44 U.S.C. 3507.
B. Purpose of Form. FCC Form 2100 is a multi-purpose
form. It is used to apply for authority to construct a new
commercial TV broadcast station, for a new or a
modification of an existing broadcast station license, and
to perform a variety of other miscellaneous transactions
in the M edia Bureau (
M
B).
The purpose of this form is to collect data pertaining
to the proposed request. This data is used by the FCC
to determine whether the public interest would be
served by a grant of the request.
C. Introduction. FCC Form 2100 is a multi-part form
comprising a Main Form and several optional schedules.
Each application, amendment, modification, or other
request must contain only one Main Form but may
contain as few or as many of the optional schedules as
necessary.
D. Main F
orm. The Main Form contains questions and
certifications applicable to all FCC Form 2100 filers. The
Main Form is required for every application filed on
FCC Form 2100, including Modifications and
Amendments.
E.
Schedules
The purposes of the optional schedules are as follows:
(1) Schedule A
The Schedule to app
ly for authority to construct a
new commercial TV broadcast station or to make
changes in the existing facilities of such a station. In
the case of new station and major modification
proposals, this Schedule is filed by either the
successful bidder at a broadcast frequency auction or
by an applicant proposing facilities that are not
mutually exclusive with any other application filed
during the same window and thus not subject to
the Commission's c
ompar
ative bidding procedures.
All proposals for minor changes to authorized
commercial stations are also to be filed using this
Schedule. Approved by OMB control number:
3060-0027.
(2) Schedule B
The Schedule for applying for a new or modified
noncommercial educational or commercial digital
television (DTV) broadcast license. The Schedule
All previous editions obsolete. FCC 2100
Instructions
May
2015
may be used to cover an authori
zed construction
permit (or auxiliary antenna), provided that the
facilities have been constructed in compliance with
the provisions and conditions specified on the
construction permit and to implement modifications
to existing licenses as permitted by 47 C.F.R. §§
73.1675(c), 73.1690(e). Approved by OMB control
number:
3060-0837.
(3) Schedule C
The Schedule to apply for authority to construct a new
low power or television Translator station or make
changes in the existing facilities of such stations. All
Proposals for minor changes to authorized LPTV or
TV translator stations are also to be filed using this
Schedule. Approved by OMB control number: 3060-
0016.
(4) Schedule D
The Schedule to apply for a new low power or
television translator station broadcast license. The
Schedule may be used to cover an authorized
construction permit , provided that the facilities have
been constructed in compliance with the provisions
and conditions specified on the construction permit.
Approved by OMB control number: 3060-0837.
(5) Schedule E
The Schedule to apply for authority to make changes
in in the existing facilities of Class A stations.
Approved by OMB control number: 3060-0932.
(6) Schedule F
The Schedule to apply for a new class A station
broadcast license. The Schedule may be used to cover
an authorized construction permit, provided that the
facilities have been constructed in compliance with the
provisions specified on the construction permit. This
Schedule also may be filed to convert an exiting or
licensed LPTV station authorization to class A status.
Approved by OMB control number: 3060-0928.
F.
Schedules
Required
Applicable Schedules Required for TV Broadcast
Stations
Service
Licensing
Modernization
Form/Schedule
Title
TV
Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service Authorization
Schedule A
Schedule for a Construction Permit
for a Commercial Broadcast Station Approved by
OMB: 3060
-0027
TV
Broadcast
Stations
FCC 2100 Main Form Application for Media Bureau
Audio and Video Service Authorization Schedule A
Schedule for a Digital Television Broadcast Station
License Approved by OMB: 3060
-0837
LPTV / TV
Translator
Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service Authorization
Schedule C
Schedule for a Construction Permit
for a LPTV or TV Translator Broadcast Station
Approved by OMB: 3060
-0016
LPTV / TV
Translator
Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service Authorization
Schedule D
Schedule for a LPTV / TV Translator
Broadcast Station License Approved by OMB:
3060
-0837
Class A TV
Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service Authorization
Schedule E
Schedule for a Construction Permit
for a Class A Broadcast Station Approved by
OMB: 3060
-0932
Class A TV
Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service Authorization
Schedule F
Schedule for a Class A Broadcast
Station License Approved by OMB: 3060
-0928
TV / Class A
TV Broadcast
Stations
FCC 2100 Main Form Application for Media
Bureau Audio and Video Service
Authorization
Schedule 381
Certification of TV Broadcast
Licensee Technical Information in Advance of
Incentive Auction Approved by OMB: 3060
-
1206
GENERAL FILING
INSTRUCTIONS
A.
Provide All Information Requested:
Applicants should provide all information requested by the
application. If any portion of an application is not
applicable, the applicant should so state. Defective or
incomplete applications will be returned without
consideration. Inadvertently accepted applications are
also subject to dismissal. See 47 C.F.R. § 73.3564(b).
B.
Information Current and Complete:
Information filed with the FCC must be kept current
and complete. The Applicant must notify the FCC
regarding any substantial and significant changes in the
information furnished in the application(s). See 47
C.F.R. § 1.
65.
C. Applicable Rules and Regulations:
Applicants should obtain the relevant parts of the FCC’s
rules in Title 47 of the Code of Federal Regulations. Copies
of Title 47 may be purchased from the Superintendent o f
Documents; Government Printing Office; Washington, DC
20402; (202) 512- 1800. Refer also to the Government
Printing Offices website at http://www.access.gpo.gov.
Some FCC rules require the Applicant to attach one or more
exhibits to an application in addition t o the information
requested in the application form.
INSTRUCTIONS FOR SECTION I: GENERAL
INFORMATION
Upon grant of a license application, the Licensee may be
subject to certain construction or coverage requirements.
Failure to meet the construction or coverage requirements
may result in termination of the license. Consult
appropriate FCC regulations to determine the
construction or coverage requirements that apply to the
type of license requested in this application.
A. Electronic Filing
FCC Form 2100 must be filed
electronically.
B. Exhibits
Each document required to be filed as an exhibit
should be current as of the date of filing. Each page of
every exhibit must be identified with the number or
letter of the exhibit, the number of the page of the
exhibit, and the total number of pages of the exhibit.
If material is to be incorporated by reference, see the
instruction on incorporation by reference. If
interference studies are required by rule, attach these
as an exhibit.
C.
Incorporation
by Reference
You may incor
porate by reference documents, exhibits,
or other lengthy showings already on file with the FCC
only if the information previously filed is more than
one 8½” by 11 page in length, and all information
therein is current and accurate in all significant
respects; the reference states specifically where the
previously filed information can be found (i.e., station
call sign and application file number, title of proceeding,
docket number and legal citations), including exhibit
and page references. Use
the r
elevant item
number followed by ‘A. Items that call for numbers,
or which can be answered ‘Y or ‘N or other
short answers must be answered directly without
reference to a previous filing.
D. Station Public Inspection File
A copy of
t
h
e
c
o m
p
l
e
t
e
d
a
p p lic
a
tio
n and all
related documents shall be made available for inspection
by the public
in the station’s public inspection file pursuant to 47 C.F.R.
§73.3526 for commercial stations and 47 C.F.R
73.3527 for noncommercial educational stations.
E.
Certifying
Compliance
This app
lication requires applicants to certify
compliance with many statutory and regulatory
requirements. Each response contained within the
application constitutes a certification. Furthermore, each
applicant is responsible for the information that the
application instructions and worksheets convey. As a
key element in the Commission's streamlined licensing
process, a certification that these materials have been
reviewed and that each question response is based on the
applicant's review
is required.
F. Detail
ed instructions and worksheets provide additional
information regarding Commission rules and policies.
These materials are designed to track the standards and
criteria that the Commission applies to determine compliance
and to increase the reliability of applicant certifications.
They are not intended to be a substitute for familiarity with
the Communications Act and the Commission's regulations,
policies, and precedent. Each applicant is responsible for the
information that the applicati
on instructi
ons and worksheets
convey. Applicants are required to review all application
instructions and worksheets.
G. This app
lication is presented primarily in a "Yes/No"
certification format. However, it contains places for
submitting explanations and exhibits where necessary or
appropriate. Each certification constitutes a material
representation. Applicants may only mark the "Yes"
certification when they are certain that the response is correct.
A "No" response is required if the applicant is requesting a
waiver of a pertinent rule and/or policy, or where the
applicant is uncertain that the application fully
satisfies the
perti
nent rule and/or policy. Thus, a "No" response to any of
the certification items will not cause the immediate dismissal
of the application provided that an
appropriate
exhibit is
submitted.
H. Authorization to Sign the Application
The applicant and the applicant's authorized representative,
if any, must sign the app
lication. Depending on the nature of
the applicant, the application should be signed as
follows: if a sole proprietorship, personally; if a partnership,
by a general partner; if a corporation, by an officer; for an
unincorporated association, by a member who is an officer; if
a governmental entity, by such duly elected or appointed
official as is competent under the laws of the particular
jurisdiction. Counsel may sign the application for
his or
her cli
ent, but only in cases of the applicant's disability or
absence from the United States. See 47 C.F.R. §
73.3513. The signature of an electronically filed
application consist of the electronic equivalent of the typed
name of the individual. See Report and Order in MM Docket
No. 98-43, 13 FCC Rcd 23056, 23064 (1998).
I. FCC
Registration
Number (FRN)
To comply with the Debt Collection Improvement Act of
1996, the applicant must enter its FRN number, a ten-digit
unique entity identifier for anyone doing business with the
Commission. The FRN can be obtained through the FCC
webpage at http://www.fcc.gov or by manually submitting
FCC Form 160. FCC Form 160 is available for downloading
from http://www fcc.gov/formpage. html or by calling 1-
800-418-3676. Questions concerning the FCC Registration
Number can be directed to the Commission’s Registration
System help desk at
http://www.CORES@fcc.gov
or by
calling 1-877-480-3201. Facility ID Number. Radio and
TV Facility ID Numbers can be obtained at the FCC's
Internet Website at
www.fcc.gov/mb. Once at this website,
scroll down and select CDBS Public Access. You can
also obtain your Facility ID Number by calling: Radio (202)
418-2700, TV (202) 418-1600. Further, the Facility ID
Number is now included on all Radio and TV authorizations
and postcards.
For Assistance
For assistance with this application, contact the
Federal Communications Commission, 1270 Fairfield
Road, Gettysburg, PA 17325-7245, call (877) 480-3201
(TTY 717-338-2824), or visit http://esupport.fcc.gov.
INSTRUCTIONS
FOR FCC 2100 MAIN FORM
A. Fees, Waivers, and Exemptions
The Commission is statutorily required to collect charges for
certain regulatory services to the public.
Applications requiring a fee, as well as the corresponding
fee, are listed in the "Media Bureau Fee Filing Guide,"
which can be found on the Commission’s website,
www.fcc.gov.
Government entities, however, are
exempt from this fee requirement. Exempt entities
include possessions, states, cities, counties, towns, villages,
municipal organizations, and political organizations or
subparts thereof governed by elected or appointed
officials exercising sovereign direction over
communities or governmental programs. Also exempt are
full- service noncommercial educational radio and TV
broadcast license
es
a
n
d
permittees
, provided that the
proposed facility will be operated noncommercially. See
47 C.F.R. § 1.1116.
When filing a fee-exempt application, an applicant must
indicate the reason for the fee exemption and provide an
explanation
as appropriate.
Applicants have the option of paying by credit card or
by FCC Form 159 when submitting the application.
For further information regarding the applicability of a fee,
the amount of the fee, or the payment of the fee; applicants
should consult the "Media Bureau Fee Filing Guide,"
which can be found on Commission’s website,
www.fcc.gov.
B.
Applicant
Information
Applicant Name, Type, and Contact Information: The
name of the applicant must be stated exactly. If the
applicant is a corporation, the exact corporate name; if a
partnership, the name under which the partnership does
business; if an unincorporated association, the name of an
executive officer, his/her office, and the name of the
association; and, if an individual applicant, the person's
full legal name. Applicants should use only those state
abbreviations approved by the U.S. Postal Service.
C. Contact Representatives. If the applicant is represented
by a third party (for example, legal counsel), that person's
name, firm or company, mailing address and
telephone/electronic mail address must be specified.
D. Alien Ownership. All applications must comply with
Section 310 of the Communications Act, as amended.
Specifically, Section 310 proscribes the
ho
ld
ing
a
nd
transfer
o
f a broadcast construction permit or station
license to an alien, a representative of an alien, a foreign
government or the representative thereof, or a corporation
organized under the laws of a foreign government. This
proscription also applies with respect to any entity of which
more than 20% of the capital stock is owned or voted by
aliens, their representatives, a foreign government or its
representative, or an entity organized under the laws of a
foreign country. The Commission may also deny a
broadcast construction permit or station license to a licensee
directly or indirectly controlled by another entity of which
more than 25% of the capital stock is owned or voted by
aliens, their representatives, a foreign government or its
representative, or another entity organized under the laws of
a foreign country.
Compliance with section 310 is determined by means of a
two-prong analysis, one pertaining to voting interests and
the second to ownership interests. See, e.g., BBC License
Subsidiary L.P., 10 FCC Rcd 10968 (1995). The voting
interests held by aliens in a licensee through intervening
domestically organized entities are determined in
accordance with the multiplier guidelines for calculating
indirect ownership interests in an applicant as set forth in
the "Corporate Applicant" Instructions . For example, if
an alien held a 30% voting
interest in Corporation A which,
in turn, held a non- controlling 40 % voting interest in
Licensee Corporation B, the alien interest in Licensee
Corporation B would be calculated by multiplying the
alien's interest in Corporation A by that entity's voting
interest in Licensee Corporation B. The resulting voting
interest (30% x 40% = 12%) would not exceed the 25%
statutory benchmark. However, if Corporation A held a
controlling 60% voting interest in Corporation B, the
multiplier would not be utilized and the full 30 percent
alien v
oting interest in Corporation A would be treated as a
30 % interest in Licensee Corporation B, i.e., an
impermissible 30% indirect alien voting interest in the
licensee. If Partnership A held a 40% voting interest in
Licensee Corporation B, that voting interest would be
similarly impermissible if any general partner or any non-
insulated limited partner of partnership A was an alien,
regardless of his or her
partnership
interest.
Applicants must also comply with the separate alien
equity ownership benchmark restrictions of Section 310.
Under the second prong of the analysis, an applicant must
determine the pro rata equity holdings of any alien investor
in a licensee entity or its parent. In calculating alien
ownership, the same voting interest multiplier rules apply.
In order to complete this two-prong analysis, an
applicant must determine the citizenship of each entity
holding either a voting or equity interest or explain how it
determined the relevant percentages. Corporate applicants
and licensees whose stock is publicly traded have
employed a variety of practices, including sample surveys
using a recognized statistical methodology, a separate
restrictive class of stock for alien owners, and the
compiling of citizenship informati
on on each stockholder
by the corporation's stock transfer agent, to ensure the
accuracy and completeness of their citizenship disclosures
and their continuing compliance with Section 310.
Finally, Applicants are directed to review the policies
and clarifications set forth in
Commission Policies
and Procedures Under Section 310(b)(4) of the
Communications Act, Foreign Investment in Broadcast
Licensees, Declaratory Ruling, MB Docket No. 13-50,
28 FCC Rcd. 16244 (2013).
E. Parties to the Application. This section requires the
disclosure of information on the applicant and all parties
to the application. As used in this application form, the
term "party to the application" includes any individual or
entity whose ownership or positional interest in the
applicant is attributable. An attributable interest is
an ownership interest in or relation to an applicant or
licensee, which will confer on its holder that degree of
influence or control over the applicant or licensee
sufficient to implicate the Commission's multiple
o
wnership rules. In responding, applicants should
review the Commission's multiple ownership attribution
policies and standards which are set forth in the Notes
to 47 C.F.R. §73.3555, as revised pursuant to Report and
Order in MB Dockets 02- 277 and 03-130, and MM
Dockets 01-235, 01-317, and 00- 244, 18 FCC Rcd
13620 (2003), aff’d in part and remanded in part,
Prometheus Radio Project, et al. v. F.C.C., 373 F.3d
372 (3d Cir. 2004), stay modified, No. 03-3388 (Sept. 3,
2004), and/or as revised in Review of the Commission's
Regulations Governing Attributi
on of Broadcast and
Cable/MDS Interests, 14 FCC Rcd 12559 (1999),
reconsideration granted in part, 16 FCC Rcd 1097
(2000) 2006 Quadrennial Regulatory Review-
Review of the Commission’s Broadcast Ownership
Rules and Other Rules Adopted Pursuant to Section 202
of the Telecommunications Act of 1996, Report and
Order and Order on Reconsideration, MB Docket No. 06-
121 et al., 23 FCC Rcd 2010 (2008) (2006
Quadrennial Media Ownership Order”).
Generally, insulated limited partners or members of a limited
liability corporation, certain investors, and certain creditors
are not considered parties to the application. However, as set
forth in Worksheet #2E entitled, "Investor Insulation and
Non-Party Influence over Applicant," the holder of such an
interest may be deemed a party to the application and, if so,
must be listed. In the event that the Investor Insulation and
Non- Party Influence over Applicant worksheet requires
the submission of an explanatory exh
ibit, the applicant must
respond "No" to the Equity and Financial Interest
certification located in the Attributable Interest Section
of the application and complete this exhibit.
F. Equity/Debt Plus Attribution Standard. Certain
interests held by substantial investors in, or creditors of, the
applicant may also be attributable and the investor
reportable as a party to the application, if the interest falls
within the Commission's equity/debt plus (EDP) attribution
standard. Under the EDP standard, the interest held is
attributable if, aggregating both equity and debt, it exceeds
33 percent of the total asset value (all equity plus all debt) of
the applicant a broadcast station licensee, cable television
system, daily newspaper or other media outlet subject to the
Commission’s broadcast multiple ownership or cross-
ownership rulesAND the interest holder also holds (1) an
attributable interest in a media outlet in the same market, or
(2) supplies over 15 percent of the total weekly broadcast
programming hours of the station in which the interest is
held. For example, the equ
ity interest of an insulated limited
partner in limited partnership applicant would normally not
be considered attributable, but, under the EDP standard, that
interest would be attributable if the limited partner’s interest
exceeded 33 percent of the applicant’s total asset value
AND the limited partner also held a 5 percent voting interest
in a radio or television station licensee in the same market.
The interest holder may, however, exceed the 33 percent
threshold without triggering attribution where such
investment would enable an eligible entity to acquire a
broadcast station provided that: (1) the combined equity and
debt of the interest holder in the eligible entity is less than
50 percent, or (2) the total debt of the interest holder in the
eligible entity does not exceed 80 percent of the asset value
of the station being acquired by the eligible entity and the
interest holder does not hold any equity interest, option, or
promise to acquire an equity interest in the eligible entity or
any related entity. See In re Promoting Diversification of
Ownership in the Broadcasting Services, Report and Order
and Third Further Notice of Proposed Rule Making, 23 FCC
Rcd 5922 (Mar. 5, 2008).
G. The Commission defines an eligible entity as any entity
that qualifies as a small business under the Small Business
Administration’s size standards for its industry grouping, as
set forth in 13C.F.R. §§ 121-201, and holds (1) 30 percent
or more of the stock or partnership interests and more
than 50 percent of the voting power of the corporation or
partnership that will own the media outlet; or (2) 15
percent or more of the stock or partnership interests and
more than 50 percent of the voting power of the
corporation or partnership that will own the media outlet,
provided that no other person or entity owns or controls
more than 25 percent of the outs
tanding stock or
partnership interests; or (3) more than 50 percent of the
voting power of the corporation that will own the media
outlet if such corporation is a publicly traded company.
In the event the Applicant claims status as an eligible
entity, the Applicant must submit an explanatory exhibit
demonstrating compliance. The Applicant
must retain and provide on request, material
documentation, including, for example, annual financial
statements or tax returns, etc., used to establish the basis
for the applicant’s response.
H. Additionally, "parties to the application" includes the
following with respect to each of the listed
applicant
entities:
Individual Applicant: The natural person seeking to
hold in his or her own right the authorization specified in
this application.
Partnership Applicant: Each partner, including all
limited partners. However, a limited partner in a limited
partnership is not considered a party to the application IF
the limited partner is not materially involved, directly or
indirectly, in the management or operation of the media
related activities of the partnership and the applicant so
certifies in response to the Equity and Financial Interest
certification. Sufficient insulation of a limited partner for
purposes of this certification would be assured if the
limited partnership a
rrangement:
(1) specifies that any exempt limited partner (if not a
natural person, its directors, officers, partners, etc.)
cannot act as an employee of the limited partnership
if his or her functions, directly or indirectly, relate to
the media enterprises of the company;
(2) bars any exempt limited partner from serving, in any
material capacity, as an independent contractor or
agent with respect to the partnership's media
enterprises;
(3) restricts any exempted limited partner from
communicating with the licensee or the general
partner on matters pertaining to the day-to-day
operations of its business;
(4) empowers the general partner to veto any admissions of
additional general partners admitted by vote of the
exempt limited partners;
(5) prohibits any exempt limited partner from voting on
the removal of a general partner or limits this right to
situations where the general partner is subject to
bankruptcy proceedings, as described in Sections
402 (4)-(5) of the Revised Uniform Limited
Partnership Act, is adjudicated incompetent by art of
competent jurisdiction, or is removed for cause, as
determined by an independent party;
(6) bars any exempt limited partner from performing any
services to the limited partnership materially relating
to its media activities, with the exception of making
loans to, or acting as a surety for, the business; and
(7) states, in express terms, that any exempt limited
partner is prohibited from becoming actively involved
in the management or operation of the media
businesses of the partnership.
Notwithstanding conformance of the partnership agreement
to these criteria, however, the requisite certification cannot
be made IF the limited partners interest is attributable
under the Commission’s EDP attribution standard
described below; or IF the applicant has actual knowledge
of a material involvement of a limited partner in the
management or operation of the media-related businesses
of the partnership. In the event that the applicant cannot
certify as to the noninvolvement
of a limited partner, the
limited partner will be considered as a party to this
application.
Limited Liability Applicant: The Commission treats an
LLC as a limited partnership, each of whose members is
considered to be a party to the application. However,
where an LLC member is insulated in the manner
specified above with respect to a limited partnership and
where the relevant state statute authorizing the LLC
permits an LLC member to insulate itself in accordance
with the Commission's criteria, that LLC member is not
considered a party to the application. In such a case, the
applicant should certify "Yes" in response to
the Equity
and Financial Interests Certification.
Corporate Applicant: Each officer, director and owner of
stock accounting for 5% or more of the issued and
outstanding voting stock of the applicant is considered a
party to the applicant. Where the 5% stock owner is itself a
corporation, each of its stockholders, directors and
"executive" officers (president, vice-president, secretary,
treasurer or their equivalents) is considered a party to this
application UNLESS the applicant submits as an exhibit a
statement establishing that an individual director or officer
will not exercise authority or influence in areas that will
affect the applicant or the station. In this statement, the
applicant should identify the individual by name and title,
describe the individual's duties and responsibilities, and
explain the manner in which such individual is insulated
from the corporate applicant and should not be attributed an
interest in the corporate applicant or considered a party to
this application. In addition, a person or entity holding an
ownership interest in the corporate stockholder
of the
applicant is considered a party to this
application
ONLY IF
that interest, when multiplied by the corporate stockholder's
interest in the applicant, would account for 5% or more of
the issued and outstanding voting stock of the applicant.
For example, where Corporation X owns stock accounting
for 25% of the applicant's votes, only Corporation X
shareholders holding 20 percent or more of the issued and
outstanding voting stock of Corporation X have a 5% or
more indirect interest in the applicant (.25 x
.20 = .05) and, therefore, are considered parties to this
application. In applying the multiplier in this context, any
entity holding more than 50% of its subsidiary will be
considered a 100% owner. Where the 5% stock owner is a
partnership, each general partner and any limited partner
that is noninsulated, regardless of the partnership interest,
is considered a party to the application.
Stock subject to stockholder cooperative voting agreements
accounting for 50% or more of the votes in a corporate
applicant will be treated as if held by a single entity and any
stockholder holding 5% or more of the stock in that block is
considered a party to this application.
An investment company, insurance company or trust
department of a bank is not considered a party to this
application, and an applicant may properly certify that such
entity's interest is non-attributable, IF its aggregated holding
accounts for less than 20% of the outstanding votes in the
applicant AND IF:
(1) such entity exercises no influence or control over
the corporation, directly or indirectly; and
(2) such entity has no representatives among the
officers and directors of the corporation.
And Other Applicant: Each executive officer, member
of the governing board and owner or holder of 5% or more
of the votes in the applicant is considered a party to the
applicant.
I. Equity and Financial Interests. Applicants are directed
to review compliance with the Commission’s broadcast
attribution rules and policies, as discussed in the
instructions to the Parties to the Application Section.
J. Multiple Ownership. These items require that the
applicant either certify compliance with, or request waiver of,
the Commission's broadcast ownership rules, including
restrictions on investor insulation and participation of non-
party investors and creditors. An Exhibit is required only if
requesting a waiver demonstrating compliance with 47
C.F.R. § 73.3555(a) or, if the applicant cannot certify
compliance, requesting a waiver or exemption, with adequate
justification. In order to facilitate the evaluation of the
transaction that is the subject of FCC Form 2100, applicants
are directed to Worksheet #2, which is tailored to the
individual inquiries.
K. Eligible Entities: The Commission defines an eligible
entity” as any entity that qualifies as a small business under
the Small Business Administration’s size standards for its
industry grouping, as set forth in 13 C.F.R. §§ 121- 201,
and holds (1) 30 percent or more of the stock or partnership
interests and more than 50 percent of the voting power of
the corporation or partnership that will own the media
outlet; or (2) 15 percent or more of the stock or partnership
interests and more than 50 percent of the voting power of
t
he corporation or partnership that will own the media
outlet, provided that no other person or entity owns or
controls more than 25 percent of the outstanding stock or
partnership interests; or (3) more than 50 percent of the
voting power of the corporation that will own the media
outlet if such corporation is a publicly traded company.
In the event the Applicant claims status as an eligible entity,
the Applicant must select "Yes" to the Multiple Ownership
Question and submit an explanatory exhibit demonstrating
compliance. The Applicant must retain and provide on
request, material documentation, including, for example,
annual financial statements or tax returns, etc., used to
establish the basis for the applicant's response.
INSTRUCTIONS FOR SCHEDULE A - SCHEDULE FOR
CONSTRUCTION PERMIT FOR A COMMERCIAL
BROADCAST STATION
GENERAL APPLICATION
INSTRUCTIONS
A. Financial Qualifications. Applicants are not required to
certify as to their financial qualifications in Schedule A.
See Implementation of Section 309(j) of the
Communications Act -- Competitive Bidding for
Commercial Broadcast and Instructional Fixed Service
Licenses, 13 FCC Rcd 15920, 15989 (1998) ("Auctions
Order"). Nevertheless, the Commission's substantive
financial qualification requirements are unchanged. All
applicants for new broadcast facilities must have reasonable
assuran
ce of committed financing sufficient to construct
the proposed facility and operate it for three months
without revenue at the time they file Schedule A. See
Merrimack Valley Broadcasting, Inc., 82 FCC 2d 166,
167 (1980); Liberty Productions, 7 FCC Rcd 7581, 7584
(1992).
B. Channel and Facility Information and Antenna
Location and Technical Data. The applicant must ensure
that the facility specifications are accurate. Conflicting data
found elsewhere in the application will be disregarded. All
items must be completed. The response "on file" is not
acceptable. The response "not applicable" is not acceptable
unless otherwise noted.
C. Notifications. All applicants must comply with the
requirements of Section 73.1030. Specifically, applicants
must notify United States Government radio astronomy
installations, radio receiving installations, and FCC
monitoring stations of the proposed facility and its possible
impact on their operations. The Commission need not
be informed of the date of such notification.
D. Antenna Structure Registration. For information when
an Antenna Structure Registration (“ASR”) number is
required and how to acquire an ASR number,
please review the information posted on the
Commissions website at
http://www fcc.gov/category/help/wireless-
telecommunications-bureau/asr-overview.
E. Transmitter Make and Model. An indication as to the
specific transmitter make and model is not required by
Schedule A. Rather, any permit authorizing construction
will require installation of a type- accepted transmitter or
one complying with the provisions of 47 C.F.R. Section
73.1660.
F. Coordinates. Applicant should use NAD 83 for the
geographic coordinates of the transmitter site in their
applications.
CONSTRUCTION
PERMIT CERTIFICATIONS
A . Environmental Effects. The National Environmental
Policy Act of 1969 requires all federal agencies to ensure
that the human environment is given consideration in all
agency decision-making. Since January 1, 1986,
applications for new broadcast stations and modifications
of existing stations must contain either an environmental
assessment that will serve as the basis for further
Commission review and action, or an indication that
operation of the station will not have a significa
nt
environ
mental impact. See 47 C.F.R. §1.1307(b). In this
regard, applicants are required to look at eight
environmental factors. These factors are relatively self-
explanatory, except for the evaluation of whether the station
adequately protects the public and workers from potentially
harmful radiofrequency (RF) electromagnetic fields.
Worksheet #3 includes both a general environmental
evaluation and specific sub-sections for RF exposure
analysis. These pages are d
esigned to facil
itate and
substantiate the Environmental Effects certification. Their
use is voluntary, but strongly encouraged.
B. New RF Exposure Requirements. In 1996, the
Commission adopted new guidelines and procedures for
evaluating environmental effects of RF emissions. All
applications subject to environmental processing filed on
or after October 15, 1997 must demonstrate compliance
with the new requirements. These new guidelines
incorporate two tiers of exposure limits:
General population/uncontrolled exposure limits apply to
situations in which the general public may be exposed or in
which persons who are exposed as a consequence of their
employment may not be made fully aware of the potential
for exposure or cannot exercise control over their
exposure. Members of the general public are always
considered under this category when exposure is not
employment-related.
Occupational/controlled exposure limits apply to human
exposure to RF fields when persons are exposed as a
consequence of their employment and in which those
persons who are exposed have been made fully aware of
the potential for exposure and can exercise control over
their exposure. These limits also apply where exposure is of
a transient nature as a result of incidental passage through
a location where exposure levels may be above the general
populations/uncontr
oll
ed limits as long as the exposed
person has been made fully aware of the potential for
exposure and can exercise control over his or her exposure
by leaving the area or some other appropriate means.
The new guidelines are explained in more detail in OET
Bulletin 65, entitled Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields, Edition 97-01, released August,
1997, and Supplement A: Additional Information 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 be viewed
and/or downloaded from the FCC Internet site at
htt
p://www/fcc.gov/oet/rfsafety. Copies can also be
purchased from the Commission's duplicating/research
contractor,
B
C
P
I,
785
1
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E
Bee
c
h
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t
A
v
e
n
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e
,
Gait
her s u r g , M D
2087
9 (telephone: (301) 857- 3800;
fax: (202) 857-3805) or 445 12th Street SW, Rm CY-
C401, Washington, DC 20554. Additional information
may be obtained from the RF Safety Group at
rfsafety@fcc.gov
or (202) 418-2464 or from the FCC
Call Center at
1-888-CALL
FCC (225-5322).
The RF worksheets and tables appended to Worksheet 3
below will enable certain categories of stations to
determine whether or not the proposed facility will have
a significant environmental impact as defined by Section
1.1307. All applicants can use the General
Environmental Worksheet. Some, but not all, stations will
be able to use the RF worksheets. Generally, the RF
worksheets can only be used in the following situations:
(1) single use tower; (2) single tower with several
FM/FM translators; or (3) a multiple tower AM array
with no other user co-located within the array.
Additionally, the RF worksheets can be used in regard to
an AM station only if access to the AM station is
restricted by a fence or other barrier that will preclude
casual or inadvertent access to the site and warning
signs are posted at appropriate intervals de
scribing the
potential for RF exposure. See "RF Exposure
Compliance Worksheet Instructions" for more detail on
eligibility.
If after using the worksheets the applicant finds that levels
will exceed the RF guidelines, levels may still be
acceptable based on a more detailed evaluation of a
number of variables (e.g., antenna radiation patterns or
measurement data). In that case, the applicant must
submit an exhibit to the application that explains why the
proposed facility does not exceed the RF radiation
exposure guidelines at locations where humans are likely
to be present or that describes measures or
circumstances, which will prevent or disc
ourage humans
from entering those areas where the RF exposure exceeds
the guidelines (e.g., fencing or remote location). The
guidelines are explained in more detail in OET
Bulletin
65.
If the applicant is not eligible to use the worksheets, it is not
an indication that the proposed facility will cause excessive
exposure. Generally, applicants that are not able to use the
worksheets will need to utilize more complex calculations
or measurements to demonstrate compliance. For
this reason, a p p l i c a n t s w h o a r e n o t e lig i b l e
t
o
u
s e te worksheets should consider seeking the
assistance of a qualified consulting engineer in determining
whether the proposed facility will meet the
RF exposure
guidelines
Should the applicant be unable to conclude that its proposal will
have no significant impact on the quality of the human
environment, it must submit an Environmental Assessment
containing
the following information:
(1) A description of the facilities as well as supporting
structures and appurtenances, and a
de
s
c
r
i
p
t
i
on
o
f the
site as well as the surrounding area and uses. If high-
intensity white
l
i
ghti
ng is
pr
oposed or utilized within a
residential area, the EA must also address the impact of this
lighting upon the residents.
(2) A statement as to the zoning classification of the site, and
communications with, or proceedings before and
determinations (if any) by zoning, planning,
environmental and other local, state, or federal authorities
on matters relating to
environmental
effects.
(3) A statement as to whether construction of the facilities has
been a source of controversy on environmental grounds in
the local community.
(4) A discussion of environmental and other considerations that
led to the selection of the particular site and, if relevant, the
particular facility; the nature and extent of any unavoidable
adverse environmental effects; and any alternative sites or
facilities that have been or reasonably might be considered.
(5) If relevant, a statement why the site cannot meet the
FCC guidelines for RF exposure with respect to the
public and workers.
BROADCAST FACILITY
A. Section 73.616: DTV Station Interference Protection.
The applicant must certify that the proposal will not cause
or increase interference to any other DTV broadcast
application, DTV allotment, or analog TV broadcast
authorization. Interference is to be predicted in accordance
with the procedure set forth in the Third DTV Periodic
Report and Order in MB Docket No. 07-91. See 47
C.F.R. § 73.616. If applicant cannot certify Yes,” the
applicant must demonstrate that the proposal will not cause
or increase interference to any other DTV broadcast
application, DTV allotment, or analog TV broadcast
authorization.
B. Section 73.622(i): DTV Table of Allotments. The
applicant must certify compliance with the digital television
channel allotment and operational requirements contained in
47 C.F.R. §73.622(i). Specifically, this question requires that
the applicant certify that the application specifies a channel
and community in accordance with the Commission's Table
of Television Allotments, 47 C.F.R. § 73.622(i), that it
will operate a facilities that does not expand the noise-
limited service contour in any direction beyond that
established by Appendix B of the Seventh Report and
Order in MB Docket No. 87-268 establishing the new
DTV Table of Allotments in 47 C.F.R. § 73.622(i), and that
it will operate at post-transition facilities that match or
reduce by
no more than five percent with respect to
predicted population from those defined in the new DTV
Table
Appendix
B.
C. Section 73.623(e): Protection of land mobile operations
on channels 1420. The Commission will not accept
petitions to amend the DTV Table of Allotments,
applications for new DTV stations, or applications to
change the channel or location of authorized DTV stations
that would use channels 14–20 where the distance between
the DTV reference point as defined in 47 C.F.R.
§73.622(d), would be located less than 250 km from the
city center of a co-channel land mobile operation or 176
km from the city center of an adjacent channel land mobile
operation. Petitions to amend the DTV Table,
applications for new DTV stations, or requests to modify
the DTV Table that do not meet the minimum DTV–to–
land mobile spacing standards will, however, be
considered where all affected land mobile licensees
consent to the requested action. For the markets and
channels that Land mobile operations are authorized in see
47 C.F.R. §73.623(e).
D. Section 73.625: Community Coverage. The applicant
must certify that the proposed facility complies with the
Commission's community coverage requirements. The
principal community contour is as follows for digital
television
stations:
Channels 2-6: 28 dBμ
Channels 7-13: 36 dBμ
Channels 14-69: 41 dBμ
To determine if the proposed facility complies with the
requirements of section 73.625(a) and (b), the predicted
distance to the pertinent signal-strength contour must be
calculated using the standard methodology in 47 C.F.R.
§73.625(b)
E. Section 73.1030: Notifications Concerning Interference
to Radio Astronomy, Research, and Receiving
Installations. All applicants must comply with the
requirements of section 73.1030. Applicants must notify
United States Government radio astronomy installations,
radio receiving installations, and FCC monitoring stations of
the proposed facility and its possible impact on their
operations. The Commission need not be informed of the
date of such notification.
F. Section 73.1125: Main Studio Location. The applicant
must certify that its proposed main studio location complies
with the requirements of 47 C.F.R. Section 73.1125. In
order to answer "Yes" to this q u e s tio n , t h e
applicant's proposed main studio must be either (1) within
the principal community contour of any station licensed
to that community; or (2) within 25 miles from the
reference coordinates of the center of its community of
license. A community's reference coord
inates are generally
the coordinates listed in the United States Department of
the Interior publication entitled Index to the National
Atlas of the United States. An alternative reference point,
if none is listed in the Atlas, is the coordinates of the
community's main Post Office.
In order to qualify as a "main studio," the proposed
location must be equipped with type-accepted equipment
and capable of originating programming at any time.
Additionally, the studio must be staffed by at least one
management-level employee and one staff-level employee
at all times during regular business hours. See Jones,
Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615
(1991), clarified, 7 FCC Rcd 6800 (1992), aff'd 10 FCC
Rcd 3759 (1995). Additionally, each TV
broadcast station
must at all times maintain a toll-free telephone line from its
community of license to its main studio, wherever located.
LEGAL
CERTIFICATIONS
A. Character Issues and Adverse Findings. The Character
Issues Section requires the applicant to certify that neither it
nor any party to the application has had any interest in or
connection with an application that was or is the subject of
unresolved character issues. An applicant must disclose in
the Adverse Finding Section whether the applicant or any
party to the application has been the subject of a final
adverse finding with respect to certain relevant non-
broadcast matters. The Commission's character policies and
litigation reporting requirements for broadcast applicants
focus on misconduct which violates the Communications Act
or a Commission rule or policy and on certain specified non-
FCC misconduct. In responding to these Sections,
applicants should review the Commission's character
qualifications policies, which are fully set forth in Character
Qualifications, 10
2 FCC 2d 1179 (1985), reconsideration
denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd
3252 (1990) and 7 FCC Rcd 6564 (1992).
Where the response to either Character issue question is
"Yes," the applicant must submit an exhibit that includes an
identification of the party having had the interest, the call
letters and location of the station or file number of the
application or docket, and a description of the nature of the
interest or connection, including relevant dates. The
applicant should also fully explain why the unresolved
character issue is not an impediment to a grant of this
application.
In responding to the Adverse Finding Section, the applicant
should consider any relevant adverse finding that occurred
within the past ten years. Where that adverse finding was
fully disclosed to the Commission in an application filed on
behalf of this station or in another broadcast station
application and the Commission, by specific ruling or by
subsequent grant of the application, found the adverse
finding not to be disqualifying, it need not be reported
again and the applicant may respond "No" to this item.
However, an adverse finding that has not been reported to
the Commission and considered in connection with a prior
application would require a "Yes" response.
Where the response to the Adverse Finding question is
"Yes," the applicant must provide in an exhibit a full
disclosure of the persons and matters involved, including an
identification of the court or administrative body and the
proceeding (by dates and file numbers), and the
disposition of the litigation. Where the requisite
information has been earlier disclosed in connection with
another pending application, or as required by 47 C.F.R.
§1.65(c), the applicant need o
nly provide an identification of
that previous submission by reference to the file number in
the case of an application, the call letters of the station
regarding which the application or section 1.65 information
was filed, and the date of filing. The applicant should also
fully explain why the adverse finding is not an impediment
to a grant of this application.
B. Program Service Certification. Applicants for
broadcast construction permits need no longer file a
specific program service proposal. Nevertheless, prior
to making the certification, the applicant should
familiarize itself with its obligation to provide
programming responsive to the needs and interests of
the residents of its community of license. See
Programming Information in Broadcast Applications, 3
FCC Rcd 5467 (1988).
C. Local Public Notice.
(1) 47 C.F.R. § 73.3580 requires that applicants for
construction permits for new broadcast stations and
for major change in existing broadcast facilities (as
defined in 47 C.F.R. §73.3572(a)(1)) give local
notice in a newspaper of general circulation in the
community to which the station is licensed. This
publication requirement also applies with respect to
major amendments as defined in 47 C.F.R.
§73.3772(b). Local notice is also required to be
broadcast over the station, if
operating. However,
if the station is the only operating station in its
broadcast service licensed to the community
involved, publication of the notice in a newspaper is
not required.
(2) Completion of publication may occur within 30
days before or after the tender of the application to
the Commission. Compliance or intent to comply
with the public notice requirements must be certified
by the applicant in Item 9 of Section II of this
application. The required content of the local notice is
described in Paragraph (f) of 47 C.F.R. § 73.3580.
Worksheet #1 attached to these instructions provides
additional guidance. Proof of publication need not
be file
d with this application.
D. Auction Authorization. The Commission's Part
1 auction rules require all winning bidders for
construction permits or licenses to include certain
exhibits with their long-form applications. If this
application is being submitted to obtain a
construction permit for which the applicant was a
winning bidder in an auction, then the applicant must,
pursuant to 47 C.F.R. Section 73.5005(a), include an
exhibit containing the information required by the
following Part 1 auction rules, if applicable. (1) Section
1.2107(d) requires the applicant to provide a detailed
explanation of the terms, conditions,
and parties involved
in any bidding consortium, joint venture, partnership, or
other agreement or arrangement it had entered into relating
to the competitive bidding process. See 47 C.F.R. Section
1.2107(d). (2) Section 1.2110(j) requires applicants
claiming designated entity status to describe how
they satisfy the requirements for eligibility for such status,
and to list and summarize all agreements that affect
designated entity status, such as partnership agreements,
shareholder agreements, manage
ment agreements, and any
other agreements, including oral agreements, which
establish that the designated entity will have both de facto
and de jure control of the entity. See 47 C.F.R. Section
1.2110(j). (3) Section 1.2112(a) requires that each long-
form application fully disclose the real party or parties in
interest and disclose specified ownership information,
including identifying any party holding a 10 percent or
greater interest in the applicant. See 47 C.F.R. Section
1.2112(a). (4) Section 1.2112(b) requires
each
applicant claiming status as a "small business" to
disclose specified gross revenue information; to list and
summarize all agreements or instruments that support the
applicant's eligibility as a small business, including the
establishment of de facto and de jure control; and to list
and summarize any investor protection agreements. See
47 C.F.R. Section 1.2112(b).
E. Equal Employment Opportunity (EEO)
Applicants seeking authority to construct a new
commercial broadcast station are required to afford equal
employment opportunity to all qualified persons and to
refrain from discriminating in employment and related
benefits on the basis of race, color, religion, national
origin or sex. See 47 C.F.R. § 73.2080. Pursuant to
these requirements, an applicant who proposes to employ
five or more full-time employees in its station employment
unit must establish a
program designed to assure equal
employment opportunity for women and minority groups
(that is, Blacks not of Hispanic origin, Asian or Pacific
Islanders, American Indians or Alaskan Natives, and
Hispanics). This program is submitted to the Commission
as the Model EEO Program on FCC Form 396-A, which
should be filed simultaneously with this application. If
an applicant proposes to employ less than five full-time
employees in its station employment unit, no EE
O
program for women or minorities need be filed. General
guidelines for developing an Equal Employment
Opportunity program
are set forth in FCC Form 396-A.
F. Anti-Drug Abuse Act Certification. This question
requires the applicant to certify that neither it nor any party to
the application is subject to denial of federal benefits
pursuant to the Anti-Drug Abuse Act of 1988, 21
U.S.C862.
Section 5301 of the Anti-Drug Abuse Act of 1988
provides federal and state court judges the discretion to
deny federal benefits to individuals convicted of offenses
consisting of the distribution or possession of controlled
substances. Federal benefits within the scope of the statute
include FCC authorizations. A "Yes" response constitutes
a certification that neither the applicant nor any party to
this application has been convicted of such an offense
or, if it has, it is not ineligible to receive the authorization
sought by this application because of section 5301.
With respect to this question only, the term "party to the
application" includes if the applicant is an individual, that
individual; if the applicant is a corporation or unincorporated
association, all officers, directors, or persons holding 5
percent or more of the outstanding stock or shares (voting
and/or non-voting) of the applicant; all members if a
membership association; and if the applicant is a
partnership, all general partners and all limited partners,
incl
uding both insulated and non-insulated limited partners,
holding a 5 percent or more interest in the partnership.
INSTRUCTIONS FOR SCHEDULE B SCHEDULE
FOR DIGITAL TELEVISION BROADCAST
STATION LICENSE
A. Channel and Facility Information and Antenna
Location and Technical Data. The applicant must ensure
that the facility specifications are accurate. Conflicting data
found elsewhere in the application will be disregarded.
All items must be completed. The response "on
file" is not acceptable. The response "not applicable" is
not acceptable unless otherwise noted.
LICENSE APPLICATION
CERTIFICATIONS
B. Constructed Facility. The applicant must certify that
the facility was constructed as authorized in the
underlying construction permit. If there are any differences
between the facilities constructed compared with those
authorized in the construction permit, the applicant may
need to seek approval for the change on FCC Form 2100
Schedule A.
C. Special Operating Conditions: The special operating
conditions are located on the final pages of the
construction permit. Attach exhibits, if required, to
document compliance with the special operating
conditions.
NOTE: Special operating conditions may
prohibit automatic program test authority.
D. Transmitter. A permittee or licensee installing as a main
transmitter one that is not included on the FCCs Radio
Equipment List, Equipment Acceptable for Licensing,”
must have first obtained authority to use such a
transmitter through the filing and grant of FCC Form
2100 Schedule A.
CHANGING TRANSMITTER
POWER OUTPUT.
Applicants proposing to replace an omnidirectional
antenna with another omnidirectional antenna or change
transmitter output power as a result of modifying the
transmission line system must check "Yes". NOTE: If
the applicant is proposing to replace an omnidirectional
antenna with another omnidirectional antenna, the new
antenna must be mounted not more than two meters
above nor four meters below the authorized values. See
47 C.F.R. Section 73.1690(c)(1). If the applicant is
proposing to change transmitter output power by
r
eplacing its transmission line, the station's effective
radiated power must not change. See 47 C.F.R.
Section73.1690(c)(10). If the proposal meets these
requirements, program test operations may commence
at full power pursuant to Section 73.1620(a)(1).
A. Replacing a directional antenna.
This question is to be answered by applicants replacing a
directional antenna with another directional antenna. See 47
C.F.R Section 73.1690(c)(3). It requires the applicant to
certify and provide an exhibit demonstrating that: (1) the
proposed theoretical antenna pattern will not exceed the
licensed directional pattern at any azimuth and no change in
effective radiated power will result; and (2) the requested
modification of license complies with 47 C.F.R. Section
73.685(f).
NOTE: The new antenna must be mounted not more than
two meters above nor four meters below the authorized
values.
B. Use a formerly licensed main facility as an auxiliary
facility.
This question set forth a series of certifications for
applicants proposing the use of a formerly licensed main
facility as an auxiliary facility. This question requires the
applicant to certify and submit an exhibit showing that the
proposed auxiliary facilities will not extend beyond the
Grade B coverage area of the main antenna after the change in
ERP has been effectuated. See 47 C.F.R. Section
73.1675(a).
C. Change the license status.
Applicants may change their license status from commercial
to noncommercial or from noncommercial to commercial.
However, if changing from commercial to noncommercial
educational status, the applicant must submit as an exhibit a
completed Section II of FCC Form 340, establishing its
qualifications to operate the subject facility as a
noncommercial educational station. See 47
C.F.R. Section 73.1690(c)(9).
FCC NOTICE REQUIRED BY THE PAPERWORK
REDUCTION
ACT
We have estimated that each response to this collection of
information will take from 3 to 6.25 hours. Our estimate
includes the time to read the instructions, look through
existing records, gather and maintain the required data,
and actually complete and review the form or response. If
you have any comments on this burden estimate, or on
how we can improve the collection and reduce the burden it
causes you, please e-mail them to pra@fcc.gov
or send
them to the Federal Communications Commission, AMD-
PERM, Paperwork Reduction Project (3060-0027),
Washington, DC 20554. Please DO NOT SEND
COMPLETED APPLICATIONS TO THIS ADDRESS.
Remember - you are not required to respond to a
collection of information sponsored by the Federal
government, and the government may not conduct or
sponsor this collection, unless it displays a currently valid
OMB control number or if we fail to provide you with this
notice. This collection has been
assigned an OMB control
number of 3060-0027.
THE FOREGOING NOTICE IS REQUIRED BY THE
PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER
31, 1974, 5 U.S.C. § 552a(e)(3), AND THE PAPERWORK
REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER
1, 1995, 44 U.S.C. § 3507.
FCC Form 2100, Schedule 381
Instructions
May
2015
Federal Communications Commission Approved by OMB
Washington, D.C. 20554 3060-1206
INSTRUCTIONS FOR FCC FORM 2100,
SCHEDULE 381
PRE-AUCTION TECHNICAL
CERTIFICATION FORM
GENERAL
INSTRUCTIONS
This form must be completed by full power and Class A
television licensees with a facility eligible for
relinquishment in the broadcast television incentive
auction and protection in the repacking process
(“Eligible Facility”), as listed in a Public Notice
released by the Media Bureau (“Eligibility PN”). See
Expanding the Economic and Innovative Opportunities
of Spectrum Through Incentive Auctions, GN No. 12-
268, Report and Order, 29 FCC Rcd 6567, 6651, n. 615
(2014)(“Incentive Auction Report and Order”).
Completion of this form will enable the Commission to
ensure the accuracy of the technical data in its database
for these Eligible Facilities and facilitate the incentive
auction repacking process. Id. at 6651, n. 615.
Licensees must certify that all information provided on
this Form is correct to the best of the licensee’s
knowledge.
Item 1: Database Certification
The licensee must certify that it has reviewed the
authorization for its Eligible Facility as well as the
“database technical information” related to the
authorization and confirm that all information is correct
with respect to actual operations. “Database technical
information” includes all underlying technical data that
sets forth the operational parameters of the Eligible
Facility, including but not limited to technical
information that may be found in the Commission’s
Consolidated Database System (and its successor the
Licensing Management System) and Antenna
Registration System (“Database Technical
Information”). This Form will prefill with the
authorization file number for the Eligible Facility about
which the licensee must make its certification.
In making its certification the licensee must either
indicate that:
A. the authorization for the Eligible Facility and all
underlying Database Technical Information is
accurate and complete, to the best of its
knowledge;
B. the authorization for the Eligible Facility is
inaccurate because of a discrepancy between the
authorization and the underlying Database Technical
Information on file with the Commission (in which
case it must supply an explanatory exhibit); or
C. it is operating the Eligible Facility with parameters
at variance from those specified in its authorization
and the database technical information. In this
case, the licensee must file an application for
modification of its facility (FCC Form 2100,
Schedule A) to correct the discrepancy and a
request for special temporary authority to operate
with parameters at variance pursuant to Section
73.1635 of the Commission’s Rules, 47 C.F.R. §
73.1635. If such application(s) have already been
filed, the licensee must supply the file number for
the application(s). Note that modifications to the
Eligible Facility made to correct unauthorized
operations will not be considered in determining the
scope of the Eligible Facility’s spectrum usage rights
eligible for relinquishment in the broadcast television
incentive auction and for protection in the repacking
process. The Eligible Facility considered for these
purposes will be based on the parameters in the
Eligibility PN.
Item 2: Information on Eligible Facility
The licensee must provide details concerning the Eligible
Facility. Because distributed transmission system
(DTS) facilities are comprised of multiple antenna
locations, licensees of DTS facilities will need to
complete this item for each facility that is part of their
license authorization.
A. Transmitter. The licensee must provide
information concerning the Eligible Facility’s
primary transmitter, including the make and
model of the transmitter (exclude all dashes and
spaces); the maximum power output capacity of
the transmitter according to the manufacturer’s
specifications; and transmitter type (tube or solid
state). Licensee should provide this information
for the main transmitter used in operation of the
Eligible Facility.
B. Antenna. The licensee must provide information
concerning the Eligible Facility’s primary
antenna including:
(1) Indicating the type of antenna from the list
provided (or, if the type is not listed,
selecting “other” and providing an
explanatory exhibit;
(2) Indicating whether its primary antenna is
capable of operating on multiple channels
(e.g., broadband) and, if so, identifying the
frequency range (in megahertz);
(3) Indicating whether it shares its antenna with
another broadcaster(s) and, if so, with whom
by listing the facility identification number(s)
and call-sign(s) (only valid Facility ID Numbers
and Call-Signs will be accepted by the system);
and
(4) Specifying, by choosing all that apply, where
the antenna is located on the antenna support
structure (or, if none of the options or
additional options apply, selecting “other”
and providing an explanatory exhibit).
C. Transmission Line. The licensee must provide
information concerning the Eligible Facility’s
principal transmission line, which is the line that
links the main transmitter to the primary antenna.
For purposes of this question the principal
transmission line is defined as the part of the
transmission line that consists of 90% or more of
the entire transmission system. It must identify
the type of transmission line and, if “rigid,” must
select one of the lengths from the options
provided. If no single component consists of
90% or more of the entire transmission system,
include an explanatory exhibit.
D. Antenna Support Structure. For the antenna
support structure (e.g., the tower, building, etc.)
on which the Eligible Facility’s primary antenna
is located, the licensee must indicate:
(1) The year in which a structural analysis was
last conducted (or, if no structural analysis
has been conducted the licensee must select
“other” and provide an exhibit explaining why
no analysis has been conducted);
(2) Under which version of the ANSI/TIA-222
standard “Structural Standards for Antenna
Supporting Structures and Antennas” was the
last analysis conducted (or. if none of the
options apply, the licensee must select “other”
and provide an exhibit in which it indicates
under which structural analysis, if any, the
structure was last analyzed; and
(3) Whether the antenna support structure on which
its primary antenna is located is owned by the
licensee, including any entity under common
ownership as the licensee (e.g., a subsidiary or
parent company) or leased from a third-party. If
the latter, it must provide the name of the lessor.
If the licensee does not own its antenna support
structure it may need to contact the structure owner to
obtain the information requested in (1) and (2).
FCC NOTICE TO INDIVIDUALS REQUIRED BY THE
PRIVACY ACT AND THE PAPERWORK REDUCTION
ACT
The FCC is authorized under the Communications Act of 1934,
as amended, to collect the personal information we request in
this form to ensure that all data in the Commission’s database is
accurate in order to conduct the incentive auction and repacking
process. If we believe there may be a violation or potential
violation of a FCC statute, regulation, rule or order, your form
may be referred to the Federal, state or local agency responsible
for investigating, prosecuting, enforcing or implementing the
statute, rule, regulation or order. In certain cases, the
information in your form may be disclosed to the Department of
Justice or a court or adjudicative body when (a) the FCC; (b)
any employee of the FCC; or (c) the United States Government
is a party to a
proceeding before the body or has an interest in
the proceeding. In addition, all information provided in this
form will be available for public inspection.
If you owe a past due debt to the federal government, any
information you provide may also be disclosed to the
Department of Treasury Financial Management Service, other
federal agencies and/or your employer to offset your salary, IRS
tax refund or other payments to collect that debt. The FCC may
also provide this information to these agencies through the
matching of computer records when authorized.
Your verification of the accuracy of the technical information
on file with the Commission and provision of details
concerning your Eligible Facility is important in order for
the Commission to conduct the incentive auction and repacking
process. An incomplete form will not be accepted for filing. An
inadvertently accepted form is subject to return. If a licensee
fails to file a complete form prior to the deadline specified
in the Eligibility PN, all technical data on file with the
Commission related to its Eligible Facility will be
considered accurate and will be used to determine the
scope of the Eligible Facility’s spectrum usage rights
eligible for relinquishment in the broadcast television
incentive auction and for protection in the repacking
process.
We have estimated that it will take respondents on average 2
hours to complete this collection of information. Our estimate
includes the time to read the instructions, look through existing
records, gather and maintain the required data, and actually
complete and review the form or response. If you have any
comments on this estimate, or on how we can improve the
collection and reduce the burden it causes you, please write the
Federal Communications Commission, AMD-PERM,
Paperwork Reduction Project (3060-1206), Washington, DC
20554. We will also accept your comments via the Internet if
you send them to Leslie.Smit[email protected].
Please DO NOT
SEND COMPLETED FORMS TO THIS ADDRESS.
Remember - you are not required to respond to a collection of
information sponsored by the Federal government, and the
government may not conduct or sponsor this collection, unless it
displays a currently valid OMB control number or if we fail to
provide you with this notice. This collection has been assigned
an OMB control number of 3060-1206.
THE FOREGOING NOTICE IS REQUIRED BY THE
PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31,
1974, 5 U.S.C. § 552a(e)(3), AND THE PAPERWORK
REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1,
1995, 44 U.S.C. § 3507.
Approved by OMB
Federal Communications Commission
Washington, D C 20554
FOR
3060-1206
FCC
FCC Form 2100, Schedule 381
Pre-Auction Technical Certification Form
USE
ONLY
FOR COMMISSION USE ONLY
FILE NO.
Database Certification (select only one)
FCC Form 2100, Schedule 381
May 2015
1.
Licensee hereby certifies that it has reviewed its license authorization/construction permit and underlying Database Technical
Information for its Eligible Facility as reflected in File No.
and
a.
it is accurate and complete to the best of its knowledge.
it is not accurate because of a discrepancy between the license authorization and
underlying Database Technical Information.
If (b) is selected, licensee must explain in the exhibit the discrepancies.
b.
c.
it is not accurate because the licensee is operating the Eligible Facility with parameters at
variance from those specified in the authorization and the Database Technical
Information.
If (c) is selected, the licensee must file an application for modification of its facility
(FCC Form 2100, Schedule A) to correct the discrepancy and a request for special
temporary authority to operate with parameters at variance. If such application(s) has
already been filed, the licensee must supply the file number for the application(s): File
No(s).
Information on Eligible Facility
2.
For the Eligible Facility indicated in Item 1:
a.
Transmitter. Provide the following information about the main transmitter(s) used by
the Eligible Facility for its primary facility:
(1) Make
(2) Model
(3) Maximum Power output capacity (in kilowatts)
(4) Transmitter type (select one)
Tube
Solid State
b.
Antenna. Provide the following information about the Eligible Facility's primary antenna:
(1) Antenna Type (select one)
Slot
Panel
Traveling wave
Spiral
Batwing
Other
[If "Other" is selected, explain in exhibit]
Exhibit No.
Exhibit No.
Please read the Instructions before filling out the form.
(2)
Is the primary antenna capable of operating over multiple channels (e.g., broadband)?
No
Yes
Exhibit No.
Exhibit No.
FCC Form 2100, Schedule 381
(Page 2)
Exhibit No.
If yes, select the antenna's frequency range (in megahertz):
To
From
(3)
Is the primary antenna shared with another television station?
No
Yes
If yes, with which station?
Facility ID Number Call Sign
(4)
Antenna Location (Select all that apply):
Side Mount
Top Mount
Candelabra
Stacked-Top
Stacked-Bottom
Other
[If "Other" is selected, explain in exhibit]
c.
Transmission Line. Provide the following information for the Eligible Facility's principal
transmission line used to connect its main transmitter to its primary antenna:
20 feet
19.75 feet
19.50 feet
Broadband/Varied Length
[If no single component consists of 90% or more of the entire transmission system, include an explanatory
Exhibit.]
(1)
Type of transmission line (select one):
Flexible
Rigid
If rigid, what length sections:
d.
Antenna Support Structure. Provide the following information related to the antenna support
structure for the Eligible Facility's primary antenna
(1)
In what year was the last structural analysis conducted on the structure? (select one)
Select Year
Other
[If "Other" is selected, explain in exhibit]
Exhibit No.
(2)
Under what structural standard was the last structural analysis conducted? (select one)
TIA 222-Revision F
TIA 222-Revision G
[If "Other" is selected, explain in exhibit]
Other
(3)
Does the licensee own this antenna support structure? (select one)
No
Yes
If no, provide the name of the third-party entity that owns the antenna support structure: