Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0027 (July 2011)
FCC 301
FOR FCC USE ONLY
 
APPLICATION FOR CONSTRUCTION PERMIT FOR COMMERCIAL BROADCAST STATION

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BMPCDT - 20110111AAI
Section I - General Information
1. Legal Name of the Applicant
WTVG, INC.
Mailing Address
77 WEST 66TH STREET, 16TH FLR
ATTN: JOHN W. ZUCKER, ESQ.

City
NEW YORK
State or Country (if foreign address)
NY
ZIP Code
10023 - 6298
Telephone Number (include area code)
2124567777
E-Mail Address (if available) 
FCC Registration Number:
0002157774
Call Sign 
WTVG
Facility ID Number
74150
2. Contact Representative (if other than Applicant)
JOHN W. ZUCKER, ESQ.
Firm or Company Name
WTVG, INC.
Mailing Address
77 WEST 66TH STREET, 16TH FLR

City
NEW YORK
State or Country (if foreign address)
NY
ZIP Code
10023 - 6298
Telephone Number (include area code)
2124567387
E-Mail Address (if available)

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 Other
N/A (Fee Required)
4.
Application Purpose
New station New Station with Petition for Rulemaking or Counterproposal to Amend FM Table of Allotments
Major Modification of construction permit Major Change in licensed facility
Minor Modification of construction permit Minor Change in licensed facility
Major Amendment to pending application Minor Amendment to pending application
(a) 
File number of original construction permit:

BMPCDT-20090507AAD NA
(b) 
Service Type:

AM FM
(c) Community of License:
City: TOLEDO

State: OH

 (d) Facility Type

Main Auxiliary
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]



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

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. Parties to the Application.
a. List the applicant, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the applicant, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary.

(1)   Name and address of the applicant and each party to the application holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the applicant first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners. (2)   Citizenship.
(3)   Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
(4)   Percentage of votes.
(5)   Percentage of total assets (equity plus debt).

[Enter Parties/Owners Information]




b. Applicant certifies that equity and financial interests not set forth above are non-attributable.
Yes No
N/A
See Explanation in
[Exhibit 2]
3. Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast stations in which applicant or any party to the application has an attributable interest. N/A

[Exhibit 3]

4. Multiple Ownership.
a. Is the applicant or any party to the application the holder of an attributable radio joint sales agreement or an attributable radio or television time brokerage agreement in the same market as the station subject to this application?

If "YES," radio applicants must submit as an Exhibit a copy of each such agreement for radio stations.

Yes No

[Exhibit 4]

b. Applicant certifies that the proposed facility complies with the Commission's multiple ownership rules and cross-ownership rules.

Radio applicants only: If "Yes," submit an Exhibit providing information regarding the market, broadcast station(s), and other information necessary to demonstrate compliance with 47 C.F.R. § 73.3555(a).

All Applicants: If "No," submit as an Exhibit a detailed explanation in support of an exemption from, or waiver of, 47 C.F.R. § 73.3555.

Yes No


[Exhibit 5]

c. Applicant certifies that the proposed facility:
(1) does not present an issue under the Commission's policies relating to media interests of immediate family members;
(2)  complies with the Commission's policies relating to future ownership interests; and
(3)  complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors.

Yes No
See Explanation in
[Exhibit 6]

d.
Does the Applicant claim status as an "eligible entity," that is, an 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 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 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)?
All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of status as an eligible entity.

Yes No
See Explanation in
[Exhibit 7]

5. Character Issues. Applicant certifies that neither applicant 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; or
b. any pending broadcast application in which character issues have been raised.
Yes No

See Explanation in
[Exhibit 8]
6. Adverse Findings. Applicant certifies that, with respect to the applicant and any party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another government unit; or discrimination. Yes No

See Explanation in
[Exhibit 9]

7. Alien Ownership and Control. Applicant certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. Yes No

See Explanation in
[Exhibit 10]

8. Program Service Certification. Applicant certifies that it is cognizant of and will comply with its obligations as a commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. Yes No
9. Local Public Notice. Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes No
10. Auction Authorization. If the application is being submitted to obtain a construction permit for which the applicant was the winning bidder in an auction, then the applicant certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a) and 1.2112(b), if applicable.

An exhibit is required unless this question is inapplicable.

Yes No
N/A

[Exhibit 11]

11. Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant 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
12. Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A. Yes No
N/A
13. Petition for Rulemaking/Counterproposal to Add New FM Channel to FM Table of Allotments. If the application is being submitted concurrently with a Petition for Rulemaking or Counterproposal to Amend the FM Table of Allotments (47 C.F.R. section 73.202) to add a new FM channel allotment, petitioner/counter-proponent certifies that, if the FM channel allotment requested is allotted, petitioner/counter-proponent will apply to participate in the auction of the channel allotment requested and specified in this application. Yes No
N/A
14. Tribal Priority - Threshold Qualifications. Is the Applicant applying for an FM allotment set forth in a Public Notice announcing a Tribal Threshold Qualifications window? An Applicant answering "Yes" must provide an Exhibit demonstrating that it would have been qualified to add the allotment for which it is applying using the Tribal Priority. Yes No
N/A

[Exhibit 12]

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.)

Typed or Printed Name of Person Signing
JOHN W ZUCKER
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY
Signature
Date
01/06/2011

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



SECTION III-D - DTV Engineering
Complete Questions 1-5, and provide all data and information for the proposed facility, as requested in Technical Specifications, Items 1-13.

Pre-Transition Certification Checklist: An application concerning a pre-transition channel must complete questions 1(a)-(c), and 2-5. A correct answer of "Yes" to all of the questions will ensure an expeditious grant of a construction permit application to change pre-transition facilities. However, if the proposed facility is located within the Canadian or Mexican borders, coordination of the proposal under the appropriate treaties may be required prior to grant of the application. An answer of "No" will require additional evaluation of the applicable information in this form before a construction permit can be granted.

Post-Transition Expedited Processing. An application concerning a post-transition channel must complete questions 1(a), (d)-(e), and 2-5. A station applying for a construction permit to build its post-transition channel will receive expedited processing if its application (1) does not seek to 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) ("new DTV Table Appendix B"); (2) specifies facilities that match or closely approximate those defined in the new DTV Table Appendix B facilities; and (3) is filed within 45 days of the effective date of Section 73.616 of the rules adopted in the Report and Order in the Third DTV Periodic Review proceeding, MB Docket No. 07-91.

1. The proposed DTV facility complies with 47 C.F.R. Section 73.622 in the following respects:
 
(a) It will operate on the DTV channel for this station as established in 47 C.F.R. Section 73.622.
Yes No
(b) It will operate a pre-transition facility from a transmitting antenna located within 5.0 km (3.1 miles) of the DTV reference site for this station as established in 47 C.F.R. Section 73.622.
Yes No
(c) It will operate a pre-transition facility with an effective radiated power (ERP) and antenna height above average terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for this station as established in 47 C.F.R. Section 73.622.
Yes No
(d) It will operate at post-transition facilities that do 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) ("new DTV Table Appendix B").
Yes No
N/A
(e) 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.
Yes No
N/A
2. The proposed facility will not have a significant environmental impact, including exposure of workers or the general public to levels of RF radiation exceeding the applicable health and safety guidelines, and therefore will not come within 47 C.F.R. Section 1.1307.
Applicant must submit the Exhibit called for in Item 13.
Yes No
3. Pursuant to 47 C.F.R. Section 73.625, the DTV coverage contour of the proposed facility will encompass the allotted principal community. Yes No
4. 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
5. The antenna structure to be used by this facility has been registered by the Commission and will not require registration to support the proposed antenna, OR the FAA has previously determined that the proposed structure will not adversely effect safety in air navigation and this structure qualifies for later registration under the Commission's phased registration plan, OR the proposed installation on this structure does not require notification to the FAA pursuant to 47 C.F.R. Section 17.7. Yes No




SECTION III-D - DTV 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 Number:

DTV   13      Analog TV, if any   13
2. Zone:
I     II      III
3. Antenna Location Coordinates: (NAD 27)
Latitude:    
Degrees 41 Minutes 41 Seconds 0     North     South


Longitude: 
Degrees 83 Minutes 24 Seconds 49     West     East
4. Antenna Structure Registration Number: 1025392
Not Applicable Notification filed with FAA
5.
Antenna Location Site Elevation Above Mean Sea Level: 176.8  meters
6.
Overall Tower Height Above Ground Level: 319.7  meters
7.
Height of Radiation Center Above Ground Level: 308.6  meters
8.
Height of Radiation Center Above Average Terrain : 305.4  meters
9.
Maximum Effective Radiated Power (average power): 16.7  kW     
10. Antenna Specifications:

a.  Manufacturer DIE     Model TW-12B13-R

b.  Electrical Beam Tilt:
0.5 degrees    Not Applicable

c.   Mechanical Beam Tilt:
degrees toward azimuth
degrees True    Not Applicable
Attach as an Exhibit all data specified in 47 C.F.R. Section 73.625(c).
[Exhibit 46]

d.  Polorization:
Horizontal    Circular    Elliptical

e.  Directional Antenna Relative Field Values:    Not applicable (Nondirectional)

[For a composite directional (not off-the-shelf) antenna, press the following button to fill in the relative field values subform.]
[Relative Field Values]


10e. Directional Antenna Relative Field Values

[Fill in this subform for a composite directional (not off-the-shelf) antenna, only.]

e.  Directional Antenna Relative Field Values:
Rotation (Degrees): No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 10 20 30 40 50
60 70 80 90 100 110
120 130 140 150 160 170
180 190 200 210 220 230
240 250 260 270 280 290
300 310 320 330 340 350
Additional 
Azimuths


If a directional antenna is proposed, the requirements of 47 C.F.R. Sections 73.625(c) must be satisfied. Exhibit required.
[Exhibit 47]

11.
Does the proposed facility satisfy the pre-transition interference protection provisions of 47 C.F.R. Section 73.623(a) (Applicable only if Certification Checklist Items 1(a), (b), or (c) are answered "No.") and/or the post-transition interference protection provisions of 47 C.F.R. Section 73.616?

If "No," attach as an Exhibit justification therefor, including a summary of any related previously granted waivers.

Yes No

[Exhibit 48]

12.
If the proposed facility will not satisfy the coverage requirement of 47 C.F.R. Section 73.625, attach as an Exhibit justification therefore. (Applicable only if Certification Checklist item 3 is answered "No.")
[Exhibit 49]
13.
Environmental Protection Act. Submit in an Exhibit the following:
[Exhibit 50]
If Certification Checklist Item 2 is answered "Yes," a brief explanation of why an Environmental Assessment is not required. Also describe in the Exhibit the steps that will be taken to limit RF radiation exposure to the public and to persons authorized access to the tower site.

By checking "Yes" to Certification Checklist Item 2, 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.

If Certification Checklist Item 2 is answered "No," an Environmental Assessment as required by 47 C.F.R Section 1.1311.


PREPARERS CERTIFICATION ON SECTION III MUST BE COMPLETED AND SIGNED.





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.

Name
ALFRED E RESNICK PE
Relationship to Applicant (e.g., Consulting Engineer)
CONSULTING ENGINEER
Signature
Date
01/06/2011
Mailing Address
THE CARL T. JONES CORPORATION
7901 YARNWOOD COURT
City
SPRINGFIELD
State or Country (if foreign address)
VA
Zip Code
22153 -2899
Telephone Number (include area code)
7035697704
E-Mail Address (if available)
ALRESNICK@CTJC.COM

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 47
Description:
LICENSED CHANNEL 13 ANTENNA DATA

INFORMATION REQUIRED PER SECTION 73.625 IS NOT SHOWN IN THE WTVG NTSC LICENSE FILE, BUT IS INCLUDED AS AN APPENDIX TO THE ENGINEERING STATEMENT AND EXHIBIT ATTACHED AT EXHIBIT 46. WTVG PROPOSES TO USE ITS LICENSED NTSC NON-DIRECTIONAL ANTENNA FOR POST-TRANSITION CHANNEL 13 DTV OPERATION.

Attachment 47


Exhibit 48
Description:
INTERFERENCE AGREEMENT

THE PROPOSED FACILITY IS PREDICTED TO CAUSE INTERFERENCE TO STATION WZZM-TV GREATER THAN IS PERMITTED BY SECTION 73.616 OF THE FCC'S RULES. ACCORDINGLY, PURSUANT TO SECTION 73.623(G) OF THE FCC'S RULES, WTVG, INC. HAS ENTERED INTO THE ATTACHED INTERFERENCE AGREEMENT WITH THE LICENSEE OF STATION WZZM-TV WHEREBY WZZM-TV HAS AGREED TO ACCEPT SUCH INTERFERENCE.


Attachment 48
Description
WTVG-WZZM Interference Acceptance Agreement as Amended


Exhibit 50
Description:
ENGINEERING STATEMENT AND SHOWING OF COMPLIANCE WITH SECTION 1.1310 OF THE RULES

ENGINEERING STATEMENT CONTAINS INTERFERENCE CALCULATIONS AND SHOWING THAT THE PROPOSAL WILL COMPLY WITH THE COMMISSION'S RULES REGARDING POST-TRANSITION INTERFERENCE AND HUMAN EXPOSURE TO RADIOFREQUENCY ENERGY. THE PROPOSED OPERATION WILL COMPLY WITH THE LIMITS FOUND IN SECTION 1.1310 OF THE RULES.

Attachment 50
Description
ENGINEERING STATEMENT AND SHOWING OF COMPLIANCE WITH SECTION 1.1310 OF THE RULES