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Grant Of Application Of BVM Helping Hands Set Aside

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Released: June 13, 2013

Federal Communications Commission

Washington, D.C. 20554

June 13, 2013
DA 13-1358

In Reply Refer to:


1800B3-CEG
Released: June 13, 2013
Stuart W. Nolan, Jr., Esq.
LegalWorks Apostolate, PLLC
4 Family Life Lane
Front Royal, VA 22630
Ernest T. Sanchez, Esq.
The Sanchez Law Firm P.C.
2300 M Street, NW, Suite 800
Washington, D.C. 20037
Jeffrey D. Southmayd, Esq.
Southmayd & Miller
4 Ocean Ridge Boulevard South
Palm Coast, FL 32137
In re:

WSFI(FM), Antioch, Illinois

Facility ID No. 175700
File No. BMPED-20120620ABX

Application for Minor Modification of

Construction Permit

Informal Objections

Dear Counsel:
On June 7, 2013, the Audio Division, Media Bureau released a letter decision granting the above-
referenced application for a minor modification of the construction permit for noncommercial educational
("NCE") FM Station WSFI(FM), Antioch, Illinois, filed by BVM Helping Hands ("BVM")
("Modification Application").1 The Letter Decision also denied two self-styled "petitions to deny" that
we construed as informal objections:2 one filed on July 17, 2012, by Chicago Public Media and one filed
on July 25, 2012, by Faith Evangelical Lutheran Church, and related pleadings.3


1 Stuart W. Nolan, Jr., Esq., Letter, DA 13-1333, Ref. No. 1800B3-CEG (rel. June 7, 2013) ("Letter Decision").
2 Letter Decision at 1, n.1 (citing 47 C.F.R. 73.3587).
3 On August 6, 2012, BVM filed a Consolidated Opposition to Petitions to Deny, and on August 17, 2012, Chicago
Public Media filed a Reply.

In accordance with the Commission's 2011 Order on Remand,4 the Modification Application is
not grantable until BVM has completed the environmental review process through the Antenna Structure
Registration ("ASR") system. BVM's ASR application, File No. A0831826, is currently on
environmental national notice.5 Therefore, pursuant to Section 1.113(a) of the Commission's Rules, we
will set aside the June 7, 2013, grant of the Modification Application and return the Modification
Application to pending status until the environmental review process is complete.6
Accordingly, IT IS ORDERED, that the June 7, 2013, Letter Decision granting the application for
a minor modification of the construction permit for NCE FM Station WSFI(FM), Antioch, Illinois, filed
by BVM Helping Hands (File No. BMPED-20120620ABX) IS HEREBY SET ASIDE and the
Modification Application, along with all related pleadings, IS RETURNED TO PENDING STATUS.
Sincerely,

Peter H. Doyle
Chief, Audio Division

Media Bureau


4 National Environmental Policy Act Compliance for Proposed Tower Registrations, Effects of Communications
Towers on Migratory Birds
, Order on Remand, 26 FCC Rcd 16700 (2011).
5 A list of applications on environmental notice is available at
https://wireless2.fcc.gov/ASR/service/nationalNoticeReport.faces.
6 47 C.F.R. 1.113(a) (permitting the staff to set aside an action taken under delegated authority within 30 days of
public notice of that action).
2

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