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Commission Document

Dismissal Of Fourteen LPFM Applications

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Released: May 16, 2014
Federal Communications Commission
Washington, D.C. 20554
May 16, 2014
DA 14-670
In Reply Refer to:
1800B3-PPD
Mr. Antonio Cesar Guel
2605 Hyacinth Drive
Mesquite, Texas 75181
In re:

Applications for Construction Permits for
New Low Power Broadcast FM Stations

NEW-LP, Memphis, TN
Facility ID No. 193829
East Memphis Community Radio
File No. BNPL-20131112AFU
NEW-LP, Fort Worth, TX
Facility ID No. 193837
Fort Worth Hispanic Community Church
File No. BNPL-20131112AFX
NEW-LP, Greensboro, NC
Facility ID No. 194078
Greensboro Community Radio
File No. BNPL-20131112AGA
NEW-LP, Las Vegas, NV
Facility ID No. 194090
Las Vegas Community Radio
File No. BNPL-20131112AGG
NEW-LP, North Las Vegas, NV
Facility ID No. 194541
North Las Vegas Community Radio
File No. BNPL-20131112AHB
NEW-LP, Rockwall, TX
Facility ID No. 194580
Rockwall Radio De La Comunidad
File No. BNPL-20131112ALN
NEW-LP, Indianapolis, IN
Facility ID No. 194267
South Indianapolis Community Radio
File No. BNPL-20131112BDY

NEW-LP, Southlake, TX
Facility ID No. 194281
South Lake Hispanic Community Church
File No. BNPL-20131112BEB
NEW-LP, Sugar Land, TX
Facility ID No. 194395
Sugar Land Community Radio
File No. BNPL-20131112BEN
NEW-LP, Wichita Falls, TX
Facility ID No. 195685
Casa Al Imigrante De Wichita Falls
File No. BNPL-20131114APH
NEW-LP, Houston, TX
Facility ID No. 193940
Centro Cristiano De Amor Inc.
File No. BNPL-20131112ATV
NEW-LP, Houston, TX
Facility ID No. 193950
Centro Mundial De Fe Inc.
File No. BNPL-20131112AUM
NEW-LP, Houston, TX
Facility ID No. 193952
Centro Cristiano De Fe Inc.
File No. BNPL-20131112AUP
NEW-LP, Houston, TX
Facility ID No. 193958
Centro De Fe Y Avivamineto Del Santo
Espiritu Inc.
File No. BNPL-20131114BXE

Letter of Inquiry

Dear Mr. Guel:
This letter concerns the responses you provided to the Media Bureau’s (“Bureau”) February 21,
2014, Letter of Inquiry (“LOI”).1 The LOI sought further information regarding the Form 318
applications for a construction permit (“CP”) for a low power broadcast FM (“LPFM”) station for File
Nos. BNPL-20131112AFU (Memphis, Tennessee), BNPL-20131112AFX (Fort Worth, Texas), BNPL-
20131112AGA (Greensboro, North Carolina), BNPL-20131112AGG (Las Vegas, Nevada), BNPL-
20131112AHB (Las Vegas, Nevada), BNPL-20131112ALN (Rockwall, Texas), BNPL-20131112BDY


1 See Letter of Inquiry to Mr. Antonio Cesar Guel from Peter H. Doyle, Chief, Audio Division, Media Bureau
(February 21, 2014).
2

(Indianapolis, Indiana), BNPL-20131112BEB (Southlake, Texas), BNPL-20131112BEN (Sugar Land,
Texas), and BNPL-20131114APH (Wichita Falls, Texas) (collectively, “the Radio Applications”). The
LOI also sought further information regarding the Form 318 applications for a CP for new LPFM stations
in Houston, Texas, File Nos. BNPL-20131112ATV, BNPL-20131112AUM, BNPL-20131112AUP, and
BNPL-20131114BXE (collectively, “the Centro Applications”).
The Radio Applications and the Centro Applications (collectively, “the Applications”) are
“singleton” applications which the Bureau previously “accepted for filing.” We withheld further action
on the Applications pending a response to the LOI and our analysis of the response. East Memphis
Community Radio (BNPL-20131112AFU); Greensboro Community Radio (BNPL-20131112AGA); and
South Indianapolis Community Radio (BNPL-20131112BDY) did not provide a response;2 therefore
those applications are dismissed for the parties’ failure to respond.3 Further, for the reasons set forth
below, we dismiss the remainder of the Radio Applications (collectively referred to as “Community
Applications”) 4 and the Centro Applications.

Background.

All the Applications were filed during the October 15 – November 15, 2013,
LPFM filing window.5 Form 318 requires applicants to provide a range of information. For example,
Section I (General Information), Question 1 seeks information about the applicant. This information
includes the legal name, mailing address and telephone number of the applicant. 6 Thus, the information
sought in Question 1 is specific to each Form 318 applicant.7 However, an independent Audio Division
staff (“Staff”) analysis identified a number of discrepancies and commonalities among the information
provided in the Applications. For example, Radio Application applicants listed Mr. Guel’s telephone
number as disclosed elsewhere in the application.8 Relying on publicly available information, Staff
further determined that the actual occupant (“Occupant”) at the listed mailing address9 was not the
applicant as listed on the Form 318.10 In December 2013, relying on publicly available contact


2 See Letter to Parul P. Desai from Dan J. Alpert (April 17, 2014) (stating that the applicants did not provide the
requested information).
3 See 47 C.F.R. § 73.3568(a) (failure to respond to official correspondence is cause for dismissal of an application);
Applications for Review of Decisions Regarding Six Applications for New Low Power FM Stations, 28 FCC Rcd
13390, 13392 (2013) (“Six Applications”).
4 See File Nos. BNPL-20131112AFX (Fort Worth, Texas), BNPL-20131112AGG (Las Vegas, Nevada), BNPL-
20131112AHB (Las Vegas, Nevada), BNPL-20131112ALN (Rockwall, Texas), BNPL-20131112BEB (Southlake,
Texas), BNPL-20131112BEN (Sugar Land, Texas), and BNPL-20131114APH (Wichita Falls, Texas).
5 See Media Bureau Extends Low Power FM Filing Window, Public Notice, 28 FCC Rcd 15763 (2013).
6 The Instructions to Form 318 state that when answering Question 1 in Section 1, the “name of the applicant…shall
be the exact name of the agency, board, institution, organization, corporation, association, Tribe or governmental
entity seeking the authorization.”
7 If applicable, Section I, Question 2 also allows the applicant to provide separate contact information of a
representative for the applicant.
8 See Form 318, Section VI, Preparer’s Certification.
9 Applicants also list the same mailing address as the location for the proposed main studio; as the contact
information for board members listed in the Radio Applications and the Articles of Incorporation; and as the
applicant’s principal office in the Articles of Incorporation.
10 See Form 318, Section 1, Question 1. For example, File No. BNPL-20131112AFU lists the legal name of the
applicant as East Memphis Community Radio, with a mailing address of 1082 Berclair Drive, Memphis, Tennessee,
38122. However, public records indicate that the Macon Road Baptist School occupies the building at 1082 Berclair
Drive, Memphis, Tennessee, 38122.
3

information, Staff telephoned each of the Occupants at the addresses listed in the Radio Applications.
These calls established: (1) the Occupant was the only occupant at the address listed in the application;
(2) none of the applicants in the Radio Applications had any relationship with the Occupant at the address
listed in the application; (3) none of the applicant’s board members had any relationship to the Occupant
at the address listed in the application; and (4) none of the Occupants at the addresses listed in the Radio
Applications had submitted a Form 318 application.
Moreover, each Centro Application listed the same mailing address and telephone number for its
contact information and its proposed main studio location. Based on the Commission’s own records,
Staff determined that these are the mailing address (8230 Antoine Drive, Houston, Texas, 77055) and
telephone number (713-875-8728) for Centro Cristiano De Vida Eterna (“CCVE”), licensee of
noncommercial educational station KNLY(FM), New Waverly, Texas, Facility Identification Number
173796.
The Bureau issued the LOI because the commonalities in the Applications, discrepancies in the
Radio Applications, and common information among the applicants in the Centro Applications and
CCVE raised questions as to the identity of the applicants and the parties to the Applications. The LOI
noted that the Bureau was investigating potential statutory and rule violations and related instances of
potential misrepresentation and/or lack of candor in connection with the Applications. The Bureau
received the responses to the LOI on April 3 and 17, 2014.

Discussion.

The Bureau has not determined whether any of the applicants have engaged in
misrepresentation and/or lack of candor. However, based on the responses provided, the Bureau has
determined that the Community Applications applicants made major ownership changes and/or did not
have reasonable site assurance prior to their filing. The Bureau has also determined that the Centro
Applications applicants did not have reasonable site assurance prior to their filing. Therefore, the
Applications will be dismissed.
Changes in Ownership
Among other things, the LOI requested applicants to “[p]rovide a signed and dated affidavit or
sworn declaration from each board member listed in each Application (1) affirming his or her
membership and positional interest in the Applicant, and (2) providing his or her identity and address, as
shown in a copy of that board member’s driver’s license or other state-issued form of identification
attached to such affidavit or declaration, and his or her current personal telephone number.”11
All of the Community Applications were amended after the LOI was issued. These amendments
included board of director changes. The Commission’s rules (“Rules”) state that an applicant for an
LPFM CP can only make “[c]hanges in ownership where the original party or parties to an application
retain more than 50 percent ownership interest in the application as originally filed.”12 Thus, a fifty
percent change in the governing board of a LPFM applicant is considered a “major change” and results in
the dismissal of the application.13


11 LOI at 5. The LOI also stated that “[i]f a board member’s address has changed from the address shown in the
document attached to the affidavit or declaration, the affidavit or declaration should provide the board member’s
current address and the date of the board member’s move to that address.” Id. at n. 3.
12 47 C.F.R. § 73.871(c)(3).
13 See Fatima Response, Inc., Letter, 21 FCC Rcd 11711 (MB 2006) (dismissing NCE application where applicant
had experienced major changes in board composition), recon. denied, 22 FCC Rcd 8402 (MB 2007).
4

Reasonable Site Assurance
For each proposed transmitter site, the LOI asked each applicant to “provide (1) the address, (2)
the property owner’s, tower owner’s or tower manager’s name and telephone number, and (3) a
description of all actions taken by or on behalf of the Applicant to determine that the site would be
available to the Applicant in the event the Application is granted.”14 The LOI also asked the applicants to
“[p]rovide a copy of all Documents relating or referring to the availability of the transmitter site proposed
in each Application.”15
It is well established that the specification of a transmitter site in an application is an implied
representation that the applicant has obtained reasonable assurance that the site will be available for the
construction and operation of its proposed facilities.16 While some latitude is afforded such “reasonable
assurance,” there must be, at a minimum, a “meeting of the minds resulting in some firm understanding as
to the site’s availability.”17 A mere possibility that the site will be available is not sufficient.18 Lack of
reasonable site assurance at the time the application is filed is a non-curable defect.19
Community Applications
Fort Worth Hispanic Community Church. Fort Worth Hispanic Community Church (“FWHCC”)
amended its application on March 11, 2014, to specify a new three-member board of directors.
FWHCC’s response to the LOI (“FWHCC Response”) states the amendment was submitted because one
of the directors resigned from the board due to a personal situation and to provide updated information on
new board members.20 We find that FWHCC has undergone a major ownership change since the close of
the window.21
FWHCC provides a declaration, not made under the penalty of perjury, from Mr. Guel stating that
he spoke to Mrs. Barbara Andrews of Andrews Tower (ASRN 1058262) in mid-October 2013 regarding
“available space in the tower.”22 According to the declaration, Mrs. Andrews stated space was available
and requested information about the type of equipment that would be installed.23 The FWHCC Response
also provides an email dated March 3, 2014, from Lia Oliveros of Hispanic Christian Community


14 LOI at 6.
15 Id.
16 See William F. Wallace and Anne K. Wallace, Memorandum Opinion and Order, 49 FCC 2d 1424, 1427 (1974)
(“Wallace”).
17 Genesee Communications, Inc., Memorandum Opinion and Order, 3 FCC Rcd 3595 (1988). The applicant need
not own the proposed site and may even work out the final details for a lease sometime in the future. The
“reasonable assurance” standard is satisfied by “[s]ome clear indication from the landowner that he is amenable to
entering into a future arrangement with the applicant for use of the property as its transmitter site, on terms to be
negotiated . . . .” Elijah Broadcasting Corp., Memorandum Opinion and Order, 5 FCC Rcd 5350, 5351 (1990).
18 See Wallace, 49 FCC 2d at 1425.
19 See Six Applications, 28 FCC Rcd at 13900, n. 88, and cases cited therein.
20 See FWHCC Response at Question 9(b) (the updated information includes changes in names and addresses).
21 See 47 C.F.R. § 73.871(c)(3).
22 See FWHCC Response, Declaration of Antonio Cesar Guel.
23 See id.
5

Network (“HCCN”) to Mrs. Andrews stating that HCCN “is interested in one of the towers located in
Halton [sic] City, TX. If you have any space available in this tower please let me know.”24 Mrs. Andrews
replied on March 11, 2014, stating that space was available to HCCN (rather than FWHCC).25
The March 2014, email does not reference any discussion prior to application filing and does not
identify FWHCC as the entity seeking site availability. FWHCC provides no other documentation or
extrinsic evidence, such as an affidavit from Mrs. Andrews, to support Mr. Guel’s declaration that site
assurance was granted prior to filing the FWHCC application. Mr. Guel’s declaration was not made as a
declaration under penalty of perjury and by itself is not reliable.26 We find that FWHCC has failed to
show that it had reasonable assurance to use the specified site when it filed its application.
Las Vegas Community Radio. Las Vegas Community Radio (“LVCR”) amended its application
on March 13 and 17, 2014, to specify a new three-member board of directors. LVCR’s response to the
LOI (“LVCR Response”) states the first amendment “was made to correct the names of the directors” and
the second amendment “was made when [the directors provided] their state identification.”27 We find that
LVCR has undergone a major ownership change since the close of the window.28
LVCR provides a declaration, not made under the penalty of perjury, from Mr. Guel stating that
he spoke to Mr. Jess Deal in September 2013, regarding availability on American Tower (ASRN
1025338), and Mr. Deal stated space was available.29 The LVCR Response also provides an email dated
March 6, 2014, from Armando Quintero of HCCN providing registration information for ASRN 1009985
to Ken Hall of American Tower Corporation (“ATC”).30 Mr. Hall responded on March 14, 2014,
providing reasonable site assurance to LVCR for space on ATC site number 90348, ASRN 1009985.31
The March 2014, email does not provide site assurance for ASRN 1025338, the site specified in
Mr. Guel’s declaration and in LVCR’s LPFM application.32 The email also does not reference any
discussion prior to application filing. LVCR provides no other documentation or extrinsic evidence, such
as an affidavit from Mr. Deal or Mr. Hall, to support Mr. Guel’s declaration, which itself was not made as
a declaration under penalty of perjury and by itself is not reliable.33 We find that LVCR has failed to
show that it had reasonable assurance to use the specified site when it filed its application.
North Las Vegas Community Radio. North Las Vegas Community Radio (“NLVCR”) amended
its application on March 13 and 17, 2014, to specify a new three-member board of directors. NLVCR’s
response to the LOI (“NLVCR Response”) states the first amendment “was made to correct the names of


24 FWHCC Response, Email to Barbara Andrews from Lia Oliveros (March 6, 2014).
25 Id., Email to Lia Oliveros from Barbara Andrews (March 14, 2014).
26 See, e.g., Rock’n’Roll Preservation Society, Letter, 23 FCC Rcd 16630, 16638 (MB 2008), aff’d, Six Applications,
28 FCC Rcd at 13399-13401 (“Rock’n’Roll”) (hearsay statements made in an unsworn declaration were unreliable
without corroborating evidence).
27 See LVCR Response at Question 9(b).
28 See 47 C.F.R. § 73.871(c)(3).
29 See LVCR Response, Declaration of Antonio Cesar Guel.
30 See id., Email to Ken Hall from Armando Quintero (March 6, 2014).
31 See id., Email to Armando Quintero from Ken Hall (March 14, 2014).
32 See BNPL-20131112AGG at Section VI, Tech Box.
33 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
6

the directors” and the second amendment “was made when [the directors provided] their state
identification.”34 We find that NLVCR has undergone a major ownership change since the close of the
window.35
NLVCR provides a declaration, not made under the penalty of perjury, from Mr. Guel stating that
he spoke to Mr. Jess Deal in September 2013, regarding availability on American Tower (ASRN
1025338), and Mr. Deal stated space was available.36 The NLVCR Response also provides an email
dated March 6, 2014, from Armando Quintero of HCCN providing registration information for ASRN
1009985 to Ken Hall of ATC.37 Mr. Hall responded on March 14, 2014, providing reasonable site
assurance to NLVCR for space on ATC site number 90348, ASRN 1009985.38
The March 2014, email does not provide site assurance for ASRN 1025338, the site specified in
Mr. Guel’s declaration and in NLVCR’s LPFM application.39 The email also does not reference any
discussion prior to application filing. NLVCR provides no other documentation or extrinsic evidence,
such as an affidavit from Mr. Deal or Mr. Hall, to support Mr. Guel’s declaration, which itself was not
made as a declaration under penalty of perjury and by itself is not reliable.40 We find NLVCR has failed
to show that it had reasonable assurance to use the specified site when it filed its application.
Rockwall Radio de La Comunidad. Rockwall Radio de La Comunidad (“RRC”) provides an
unsigned declaration, not made under the penalty of perjury, from Mr. Guel stating that in October 2013
he spoke to Mr. Darryl Snyder regarding availability on Global Tower (ASRN 1050894), and Mr. Snyder
stated space was available .41 In January of 2014, Mr. Guel learned Global Tower had changed owners
and was owned by ATC.42 Mr. Guel states he called Mr. Ken Hall of ATC to confirm the tower was still
available.43 The RRC Response also provides an email dated March 6, 2014, from Armando Quintero of
HCCN providing ASRN registration information to Mr. Hall of ATC.44 Mr. Hall responded on March 14,
2014, providing reasonable site assurance to RRC for ATC site number 374508, ASRN 1050894.45
The March 2014, email does not reference any discussion prior to application filing. RRC
provides no other documentation or extrinsic evidence, such as an affidavit from Mr. Snyder or Mr. Hall,
to support Mr. Guel’s declaration, which itself was not made as a declaration under penalty of perjury and
by itself is not reliable.46 We find that RRC had failed to show that it has reasonable assurance to use the
specified site when it filed its application.


34 See NLVCR Response at Question 9(b).
35 See 47 C.F.R. § 73.871(c)(3).
36 See NLVCR Response, Declaration of Antonio Cesar Guel.
37 See id., Email to Ken Hall from Armando Quintero (March 6, 2014).
38 See id., Email to Armando Quintero from Ken Hall (March 14, 2014).
39 See BNPL-20131112AHB at Section VI, Tech Box.
40 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
41 See RRC’s response to the LOI (“RRC Response”), Declaration of Antonio Cesar Guel.
42 See id.
43 See id.
44 See id., Email to Ken Hall from Armando Quintero (March 6, 2014).
45 See id., Email to Armando Quintero from Ken Hall (March 14, 2014).
46 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
7

South Lake Hispanic Community Church. South Lake Hispanic Community Church (“SLHC”)
amended its application on January 3 and March 2, 2014, to specify a new three-member board of
directors. SLHC’s response to the LOI (“SLHC Response”) states the amendments were made because
one of the directors quit the board and to correct the names and addresses of the other directors.47 We
find that SLHC has undergone a major ownership change since the close of the window.48
SLHC provides a declaration, not made under the penalty of perjury, from Mr. Guel stating that
he spoke to Mr. Jess Deal in September 2013 regarding availability on American Tower (ASRN
1056266), and Mr. Deal stated space was available.49 The SLHC Response also provides an email dated
March 6, 2014, from Armando Quintero of HCCN providing registration information for ASRN 1056266
to Ken Hall of ATC.50 Mr. Hall responded on March 14, 2014, providing reasonable site assurance to
HCCN (rather than SLHC) for space on ATC site number 92148, ASRN 1056266.51
The March 2014, email does not provide site assurance to SLHC. The email also does not
reference any discussion prior to application filing. SLHC provides no other documentation or extrinsic
evidence, such as an affidavit from Mr. Deal or Mr. Hall, to support Mr. Guel’s declaration, which itself
was not made as a declaration under penalty of perjury and by itself is not reliable.52 We find SLHC has
failed to show that it had reasonable assurance to use the specified site when it filed its application.
Sugar Land Community Radio. Sugar Land Community Radio (“SLCR”) amended its
application on March 13 and 30, 2014, to specify a new three-member board of directors. SLCR’s
response to the LOI (“SLCR Response”) states the amendments were made to correct the names and
addresses of the directors.53 We find SLCR has undergone a major ownership change since the close of
the window.
Casa Al Imigrante De Wichita Falls. Casa Al Imigrante De Wichita Falls (“CIWF”) amended its
application on March 9 and 17, 2014, to specify a new three-member board of directors. CIWF’s
response to the LOI (“CIWF Response”) stated the amendments were made because one of the directors
resigned from the board and to provide updated information on the new board members.54 We find CIWF
has undergone a major ownership change since the close of the window.55
CIWF provides a declaration, not made under the penalty of perjury, from Mr. Guel stating that in
mid-October 2013, he spoke to Mrs. Barbara Andrews regarding availability on Andrews Tower (ASRN
1058252), and Mrs. Andrews stated space was available.56 CIWF provides no other documentation or
extrinsic evidence, such as an affidavit from Mrs. Andrews, to support Mr. Guel’s declaration, which


47 See SLHC Response at Question 9(b).
48 See 47 C.F.R. § 73.871(c)(3).
49 See SLHC Response, Declaration of Antonio Cesar Guel.
50 See id., Email to Ken Hall from Armando Quintero (March 6, 2014).
51 See id., Email to Armando Quintero from Ken Hall (March 14, 2014).
52 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
53 See SLCR Response at Question 9(b).
54 See CIWF Response at Question 9(b).
55 See 47 C.F.R. § 73.871(c)(3).
56 See CIWF Response, Declaration of Antonio Cesar Guel.
8

itself was not made as a declaration under penalty of perjury and by itself is not reliable.57 We find that
CIWF has failed to show it had reasonable assurance to use the specified site when it filed its application.
Centro Applications
Centro Cristiano De Amor Inc. Centro Cristiano De Amor Inc. (“CCA”) provides a declaration,
not made under the penalty of perjury, from Mr. Martin Guevara, stating that he spoke to Ms. Karin
Jackson in October 2013, regarding space availability on Crown Castle’s Tower (ASRN 1048161), and
Ms. Jackson stated space was available for rent to Mr. Guevara’s clients.58 CCA provides no other
documentation or extrinsic evidence, such as an affidavit from Ms. Jackson, to support Mr. Guevara’s
declaration, which itself was not made as a declaration under penalty of perjury and by itself is not
reliable.59 We find that CCA has failed to show it had reasonable assurance to use the specified site when
it filed its application.
Centro Mundial De Fe Inc. Centro Mundial De Fe Inc. (“CMF”) provides a declaration, not made
under the penalty of perjury, from Mr. Martin Guevara stating that he spoke to Ms. Karin Jackson in
October 2013, regarding availability on Crown Castle’s Tower (ASRN 1000175), and Ms. Jackson stated
space was available for rent to Mr. Guevara’s clients.60 CMF provides no other documentation or
extrinsic evidence, such as an affidavit from Ms. Jackson, to support Mr. Guevara’s declaration, which
itself was not made as a declaration under penalty of perjury and by itself is not reliable.61 We find that
CMF has failed to show it had reasonable assurance to use the specified site when it filed its application.
Centro Cristiano De Fe Inc. Centro Cristiano De Fe Inc. (“CCF”) provides a declaration, not
made under the penalty of perjury, from Mr. Martin Guevara stating that he spoke to “Ms. Eli Rivera” in
October 2013, regarding availability on CenterPoint Energy’s Tower, and “Ms. Rivera” stated space was
available for rent to Mr. Guevara’s clients.62 CCF provides no other documentation or extrinsic evidence,
such as an affidavit from Eli Rivera, to support Mr. Guevara’s declaration, which itself was not made as a
declaration under penalty of perjury and by itself is not reliable.63 We find that CCF has failed to show it
had reasonable assurance to use the specified site when it filed its application.
Centro De Fe Y Avivamineto Del Santo Espiritu Inc. Centro De Fe Y Avivamineto Del Santo
Espiritu Inc. (“CADSE”) provides a declaration, not made under the penalty of perjury, from Mr. Martin
Guevara stating that he spoke to Ms. Karin Jackson in October 2013, regarding availability on Crown
Castle’s Tower (ASRN 1048161), and Ms. Jackson stated space was available for rent to Mr. Guevara’s
clients.64 CADSE provides no other documentation or extrinsic evidence, such as an affidavit from Ms.
Jackson, to support Mr. Guevara’s declaration, which itself was not made as a declaration under penalty
of perjury and by itself is not reliable.65 We find that CIWF has failed to show it had reasonable
assurance to use the specified site when it filed its application.


57 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
58 See CCA Response, Declaration of Martin Guevara.
59 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
60 See CMF Response, Declaration of Martin Guevara.
61 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
62 See CCF Response, Declaration of Martin Guevara. We note that Eli Rivera is Mr. Eli Rivera.
63 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
64 See CADSE Response, Declaration of Martin Guevara.
65 See, e.g., Rock’n’Roll, 23 FCC Rcd at 16638.
9

Conclusion/Action.

Accordingly, IT IS ORDERED that the Applications (File Nos. BNPL-
20131112AFU, BNPL-20131112AFX, BNPL-20131112AGA, BNPL-20131112AGG, BNPL-
20131112AHB, BNPL-20131112ALN, BNPL-20131112BDY, BNPL-20131112BEB, BNPL-
20131112BEN, BNPL-20131114APH, BNPL-20131112ATV, BNPL-20131112AUM, BNPL-
20131112AUP, and BNPL-20131114BXE) ARE DISMISSED.
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau
Cc: Dan J. Alpert, Esq.
10

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