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.

BNPH - 20120529ALD
Section I - General Information
1. Legal Name of the Applicant
UNITED STATES CP, LLC
Mailing Address
1311 SWANNER COURT

City
HIGH POINT
State or Country (if foreign address)
NC
ZIP Code
27262 -
Telephone Number (include area code)
3363073828
E-Mail Address (if available) 
PRKR3611@AOL.COM
FCC Registration Number:
0011348109
Call Sign 
NEW
Facility ID Number
190379
2. Contact Representative (if other than Applicant)
A. WRAY FITCH III
Firm or Company Name
GAMMON & GRANGE, P.C.
Mailing Address
8280 GREENSBORO DRIVE, 7TH FLOOR

City
MCLEAN
State or Country (if foreign address)
VA
ZIP Code
22102 - 3807
Telephone Number (include area code)
7037615013
E-Mail Address (if available)
AWF@GG-LAW.COM
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 AMENDMENT
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:

BNPH-20120529ALD NA
(b) 
Service Type:

AM FM
(c) Community of License:
City: IRON GATE

State: VA

 (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
W. PHILIP ROBINSON
Typed or Printed Title of Person Signing
MEMBER
Signature
Date
09/10/2012

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-B - FM 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: 270
2. Class (select one):
A B1 B C3 C2 C1 C0 C D
3. Antenna Location Coordinates: (NAD 27)

Latitude:    
Degrees 37 Minutes 47 Seconds 35     North     South


Longitude: 
Degrees 79 Minutes 55 Seconds 59     West     East

4. Proposed Allotment or Assignment Coordinates: (NAD 27) Not Applicable

Latitude:    
Degrees Minutes Seconds     North     South


Longitude: 
Degrees Minutes Seconds     West     East

5. Antenna Structure Registration Number:   
Not Applicable Notification filed with FAA
6. Overall Tower Height Above Ground Level: 61meters
7. Height of Radiation Center Above Mean Sea Level: 876 meters(H) 876 meters(V)
8. Height of Radiation Center Above Ground Level: 59meters(H) 59meters(V)
9. Height of Radiation Center Above Average Terrain: 322meters(H) 322meters(V)
10. Effective Radiated Power: 0.56 kW(H) 0.56 kW(V)
11. Maximum Effective Radiated Power: Not Applicable
(Beam-Tilt Antenna ONLY)
kW(H) kW(V)
12.
Directional Antenna Relative Field Values: Not applicable (Nondirectional)
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

Relative Field Polar Plot

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.

CERTIFICATION

AUXILIARY ANTENNA APPLICANTS ARE NOT REQUIRED TO RESPOND TO ITEMS 13-16. PROCEED TO ITEM 17.

13. Availability of Channels.    The proposed facility complies with the allotment requirements of 47 C.F.R. Section 73.203. Yes No

See Explanation in
[Exhibit 27]

14. Community Coverage.    The proposed facility complies with 47 C.F.R. Section 73.315. Yes No

See Explanation in
[Exhibit 28]

15. Main Studio Location.    The proposed main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 29]

16.
Interference.    The proposed facility complies with all of the following applicable rule sections:
Check all those that apply:
Yes No

See Explanation in
[Exhibit 30]

Separation Requirements.
a)      47 C.F.R. Section 73.207

Grandfathered Short-Spaced.

b)      47 C.F.R. Section 73.213(a) with respect to station(s):
Exhibit required
[Exhibit 31]
c)      47 C.F.R. Section 73.213(b) with respect to station(s):
Exhibit required
[Exhibit 32]
d)      47 C.F.R. Section 73.213(c) with respect to station(s):
Exhibit required.
[Exhibit 33]

Contour Protection

e)   47 C.F.R. Section 73.215 with respect to station(s):
Exhibit required.
[Exhibit 34]
17. Environmental Protection Act.    The proposed facility is excluded from environmental processing under 47. C.F.R. Section 1.1306 (i.e., The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 35]

18. Community of License Change - Section 307(b). If the application is being submitted to change the facility's community of license, then the applicant certifies that it has attached an exhibit containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of station assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. Section 307(b)).

An exhibit is required unless this question is not applicable.

Yes No
N/A

[Exhibit 36]

PREPARERS CERTIFICATION ON PAGE 3 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
KEVIN J. YOUNGERS
Relationship to Applicant (e.g., Consulting Engineer)
TECHNICAL CONSULTANT
Signature
Date
09/10/2012
Mailing Address
1951 28TH AVE UNIT 29
City
GREELEY
State or Country (if foreign address)
CO
Zip Code
80634 -
Telephone Number (include area code)
9703028444
E-Mail Address (if available)
KEVINYOUNGERS@COMCAST.NET

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 1
Description:
AMENDED SECTIONS

AMENDMENT IS SUBMITTED TO ADD LETTER OF COORDINATION LETTER WITH THE NATIONAL RADIO QUIET ZONE IN WEST VIRGINIA AND TO MAKE A SMALL CORRECTION TO THE TRANSMITTER COORDINATES. THE CHANGES WERE TO SECTION III-B, QUESTIONS 3,9, AND EXHIBIT 29.


Attachment 1


Exhibit 3
Description:
EXHIBIT 3

UNITED STATES CP, LLC IS PERMITTEE OF KEZF(FM), PINE BLUFFS, WY (FACILITY ID NO. 183353) AND KONK(FM), GENOA, CO (FACILITY ID NO. 183351) AND LICENSEE OF:

KCBR(AM), MONUMENT, CO (FACILITY ID NO. 10846)
KCMN(AM), COLORADO SPRINGS, CO (FACILITY ID NO. 33731)
KIQN(FM), PUEBLO, CO (FACILITY ID NO. 25526)
KRKY-FM, ESTES PARK, CO (FACILITY ID NO. 76780)
KRYE(FM), OLNEY SPRINGS, CO (FACILITY ID NO. 164276)
KWRP(AM), PUEBLO, CO(FACILITY ID NO. 69871)
KXCL(FM), WESTCLIFFE, CO (FACILITY ID NO. 164277)
WKHF(FM), LYNCHBURG, VA (FACILITY ID NO. 183352)

Attachment 3


Exhibit 4
Description:
EXHIBIT 4

USCP IS NOT A PROGRAMMER UNDER ANY TIME BROKERAGE AGREEMENT. ALL USCP'S ATTRIBUTABLE INTERESTS ARE LISTED IN EXHIBIT 3.

Attachment 4


Exhibit 5
Description:
EXHIBIT 5

USCP IS IN COMPLIANCE WITH THE COMMISSION'S MULTIPLE OWNERSHIP RULES SINCE OWNERSHIP OF THE IRON GATE, VA STATION IS USCP'S SOLE OWNERSHIP INTEREST IN THAT MARKET.

Attachment 5


Exhibit 11
Description:
EXHIBIT 11

UNITED STATES CP, LLC, IS A DELAWARE LIMITED LIABILITY COMPANY WHOSE ADDRESS IS 1311 SWANNER COURT, HIGH POINT, NC 27262. ITS MEMBERS ARE AS FOLLOWS:

W. PHILIP ROBINSON
1200 WEST CORNWALLIS
GREENSBORO, NC 27408
100% VOTING INTEREST, 9.9% OWNERSHIP INTEREST

ALLISON ROBINSON
2307 PRINCESS ANN STREET
GREENSBORO, NC 27408
0% VOTING INTEREST, 32% NON-ATTRIBUTABLE OWNERSHIP INTEREST

JON E. ROBINSON
194 MCGEE ROAD
VERSAILLES, KY 40383
0% VOTING INTEREST, 32% NON-ATTRIBUTABLE OWNERSHIP INTEREST

THE ROBINSON FAMILY TRUST UNDER WILL OF KAYE J. ROBINSON ('THE ROBINSON FAMILY TRUST')
1200 WEST CORNWALLIS
GREENSBORO, NC 27408
0% VOTING INTEREST, 16.2% NON-ATTRIBUTABLE OWNERSHIP INTEREST

ALLISON ROBINSON'S, JON E. ROBINSON'S AND THE ROBINSON FAMILY TRUST'S INTERESTS ARE PASSIVE NON-ATTRIBUTABLE INTERESTS. THE RELEVANT LLC ORGANIZATIONAL DOCUMENTS PROVIDE THAT THE INTERESTS HELD BY ALLISON ROBINSON, JON ROBINSON AND THE ROBINSON FAMILY TRUST SHALL BE NON-ATTRIBUTABLE AND PROVIDE THAT THE NON-VOTING INTEREST HOLDERS SHALL NOT BE INVOLVED IN THE DIRECT OR INDIRECT MANAGEMENT OF THE MEDIA RELATED ACTIVITIES OF THE LLC BASED ON FCC INSULATION CRITERIA. THE STATE STATUTE AUTHORIZES SUCH INSULATION.

THE ABOVE MEMBERS ARE CITIZENS OF THE USA.

JON E. ROBINSON AND ALLISON ROBINSON ARE MEMBERS OF JER LICENSES, LLC. JON E. ROBINSON HAS A 100% VOTING INTEREST AND 58.1% OWNERSHIP INTEREST, AND ALLISON ROBINSON HAS A 0% VOTING INTEREST AND 32% NON-ATTRIBUTABLE OWNERSHIP INTEREST. JER LICENSES, LLC, IS THE PERMITTEE OF KZLL(FM), LOG LANE VILLAGE, CO (FACILITY ID NO. 170963) AND LICENSEE OF:

KXZS(FM), WALL, SD (FACILITY ID NO. 170965)
KXZT(FM), NEWELL, SD (FACILITY ID NO. 164201)
WDTX(FM), ROTHSCHILD, WI (FACILITY ID NO. 170968)

UNITED STATES CP, LLC IS PERMITTEE OF KEZF(FM), PINE BLUFFS, WY (FACILITY ID NO. 183353) AND KONK(FM), GENOA, CO (FACILITY ID NO. 183351) AND LICENSEE OF:

KCBR(AM), MONUMENT, CO (FACILITY ID NO. 10846)
KCMN(AM), COLORADO SPRINGS, CO (FACILITY ID NO. 33731)
KIQN(FM), PUEBLO, CO (FACILITY ID NO. 25526)
KRKY-FM, ESTES PARK, CO (FACILITY ID NO. 76780)
KRYE(FM), OLNEY SPRINGS, CO (FACILITY ID NO. 164276)
KWRP(AM), PUEBLO, CO(FACILITY ID NO. 69871)
KXCL(FM), WESTCLIFFE, CO (FACILITY ID NO. 164277)
WKHF(FM), LYNCHBURG, VA (FACILITY ID NO. 183352)

PRIOR TO THE SHORT-FORM APPLICATION FILING DEADLINE, UNITED STATES CP, LLC; JER LICENSES, LLC; KONA COAST RADIO, LLC; AND STAR POINT BROADCASTING ENTERED INTO A INFORMAL ORAL AGREEMENT. SEE ATTACHED AUCTION AGREEMENT.

Attachment 11
Description
Auction Agreement


Attachment 30
Description
Exhibit 29: Fig 1 Channel Spacing
Exhibit 29: NRQZ Letter of Coordination


Attachment 35
Description
Exhibit 34: Environmental