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Application For Construction Permit For A LPFM Station

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Released: February 6, 2014

Federal Communications Commission

Washington, D.C. 20554

February 6, 2014

DA 14-145

In Reply Refer To:
1800B3-PPD
Mr. Eric Huang
Chinese Culture and Art Heritage Foundation
1654 46th Avenue
San Francisco, CA 94122
In Re:

Application for Construction Permit

for a Low Power Broadcast FM
Station

New-LP, San Francisco, CA
Facility ID Number: 92984
Chinese Culture and Art Heritage
Foundation
File Numbers: BNPL-20140130ADE
and BNPL-20140130ADK
Dear Mr. Huang:
This letter concerns the Chinese Culture and Art Heritage Foundation’s (“CCAHF”) Form 318
application for a construction permit for a low power broadcast FM (“LPFM”) station in San Francisco,
CA, File No. BNPL-20140130ADE (“LPFM Application”) and CCAHF’s amended Form 318
application, BNPL-20140130ADK (“Amendment”). For the reasons discussed below, the Media Bureau
(“Bureau”) will accept the LPFM Application as timely filed, but will return the Amendment.
Following the close of the LPFM window on November, 15, 2013,1 CCAHF contacted the
Bureau to request the acceptance of the LPFM Application and Amendment. CCAHF contends that it
had successfully filed an application on November 14, 2013 (“November Application”). It also claims
that it attempted to amend the November Application on November 15, 2013, by first deleting the
November Application and then creating and filing a replacement application (“Amended Application”)
which incorporated the amendment. CCAHF was unable to complete and file the Amended Application
prior to the close of the LPFM window.
The Bureau’s internal Consolidated Database System’s (“CDBS”) records confirm that the
Bureau timely received the November Application.2 The Bureau has also confirmed that due to CDBS
limitations, the November Application could not be routinely amended on November 15, 2013. In these
circumstances, CCAHF’s only option for amending the November Application on the last day of the
LPFM window was to create and file a replacement application and delete the November Application.


1 See Media Bureau Extends Low Power FM Filing Window, Public Notice, 28 FCC Rcd 15763 (2013).
2
According to the Bureau’s CDBS records, the November Application was assigned the file number
20131114BQQ.

Because there is clear evidence the November Application had been timely filed, the Bureau accepted the
LPFM Application on January 30, 2014.3
However, there is no evidence that the Amendment, which the Bureau also provisionally accepted
on January 30, 2014, was timely filed. Accordingly, the Amendment will be returned. We note, though,
under the rules, LPFM applicants are now allowed to file minor amendments to their Form 318
applications.4 Accordingly, CCAHF may resubmit the Amendment, but CCAHF may not rely on any
post-window amendment to improve its comparative qualifications.5
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau


3 The LPFM Application will be reassigned its original file number in the near future.
4 See Media Bureau Provides Further Guidance on the Processing of Form 318 Applications Filed in the LPFM
Window
, Public Notice, 28 FCC Rcd 16366 (2013).
5 See Instructions for FCC Form 318, Section IIIA.
2

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