“On August 21, 2023, Las Vegas Public Radio Inc. (“LVPR”) submitted a Silent STA Extension on FCC File Number: 0000219615 for KVGK-LP 97.9 FM of which the Commission (“FCC”) assigned to Portsonic Communications, LLC (FCC FRN #: 0014318364), an approved U.S. Department of Defense (DoD) contractor (SAM UEID: PRN6EPED3SW8) hereby referenced as “PC”. PC is a small business concern as defined by the U.S. Small Business Administration under NAICS 516110 (previously 515112) Radio Broadcasting Stations. This assignment by the FCC was made pertaining to LVPR’s Temporary Application For Provisional Commecial Use (“TAPCU”) public and private project . The project officially commenced on May 12, 2023 for the purposes of recycling FCC Facility ID 190166 in North Las Vegas, Nevada for research and development purposes.
LVPR reminds the FCC on Pages 201 and 202 of the Telecommunications Act of 19341 in the following section of SEC. 393. [47 U.S.C. 393] CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF COMMERCE. (c) Of the sums appropriated pursuant to section 391 for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities has failed to serve LVPR and the federally mandated Emergency Alert System (“EAS”) for the Las Vegas, Nevada valley and southern Nevada in our representative Constitutional Republic.
LVPR is scheduled to meet with State of Nevada Lt. Governor Anthony Stavros on September 6, 2023 at 11:00 AM to discuss the LVPR TAPCU public and private project which commenced on May 12, 2023 for KVGK-LP 97.9 FM at FCC Facility ID 190166 as well as the build out of LVPR’s larger station, KJPT 90.1 FM to serve southern Nevada. Shared studio space for KVGK-LP 97.9 FM and KJPT 90.1 FM is also in the process of being built in conjunction to support the overall TAPCU in southern Nevada by Portsonic Communications, LLC (FCC FRN #: 0033221383) hereby referenced as “PC2”. PC2 is a small business concern and approved U.S. Department of Defense (DoD) contractor (SAM UEID: D14MHTGZQNQ7) in northwest Arizona. PC2’s data center will be charged with handling the monitoring of rural broadband configurations around EAS and as well as a center to handle national security remdiation efforts as it pertains to EAS.
LVPR, also a small business concern as defined by the U.S. Small Business Administration under NAICS 516110 (previously 515112) Radio Broadcasting Stations, makes this additional Silent STA Extension to the FCC for KVGK-LP 97.9 FM under the Supremacy Clause of the U.S. Constitution through Article VI, Clause 2 within our representative Consitutional Republic to a waiver of 47 U.S. Code 312 (g) Limitation on Silent Station Authorizations. The special operating permit/license for KVGK-LP 97.9 FM was issued by FCC on May 12, 2023 but some confusion was later seen by small business concerns working on the overall project.
LVPR feels the Silent STA authority language was incorrectly specified to the special operating permit/license by the FCC Attorney of document which has left much confusion with PC and PC2 since mid May 2023 on business planning/strategy for small business conerns.
Effectivly resetting 47 U.S. Code 312 (g) specifically for PC on Silent STA from May 12, 2023 until May 12, 2024, instead of September 5, 2023 can eliminate much of the confusion. LVPR feels this is needed based on outstanding unresolved issues at LVPR, PC and PC2 regarding KIOF-LP/KVGK-LP 97.9 FM prior to, during and post COVID-19 concerning very critical EAS work and national security matters with how KIOF-LP 97.9 FM, a non-commercial station was essentially forced off the air by the U.S. Government and State of Nevada Department of Education as seen in 2022 to keep the critical EAS operational for public safety with how it pertained to COVID-19 and state funds:
• Pending U.S. Congressional Inquires as seen in File Number: 0000219615.
• Pending State of Nevada matters as seen in File Number: 0000219615.
• Pending federal matters as seen in File Number: 0000219615.
Through this waiver request, if necessary, LVPR respectively requests the FCC to automatically reassign the KVGK-LP 97.9 FM channel over to the alternate spectrum of 76.1 MHz to 87.7 MHz with a reset of 47 U.S. Code 312 (g) Limitation on Silent Station Authorizations for PC to eliminate confusion with the existing special operating permit/license for FCC Facility ID: 190166 issued back on May 12, 2023.
This will support the research and development work for the creation of a new LPFM Commercial service with limited interuptions during the 2 year time frame LVPR proposed in late December 2022 and early 2023 which commenced on May 12, 2023 and is set to expire on May 12, 2025. LVPR see’s virtually no data made available by the FCC of alternate spectrum usage for expanding FM broadcast services due to general overall demand. Current broadcast transmission equipment (i.e. BW Broadcast TX300 V32 for instance) will only configure down to 87.5 Mhz, or 87.7 MHz in the alternate spectrum without modification. This would require re-certifications by manufacturers to support the alternate spectrum of 76.1 MHz to 87.7 Mhz. PC could use FCC authority also with FCC Facility ID 190166 during it’s research and development to the fork of the existing LPFM service on any sort of introduction to a LPFM Commercial service.
LVPR requests, if necessary through this waiver, FCC making an automatic internal channel transfer change on behalf of PC of which FCC engineers see as viable solution for use at FCC Facility ID 190166 in North Las Vegas, Nevada of an existing FCC/FAA certified tower structure used previously with KIOF-LP, a non-commercial FM that was once part of the State of Nevada’s Public Broadcasting System (“PBS”).
LVPR requests, if necessary through this waiver, FCC engineers and FCC staff to re-assign KVGKLP for use at FCC Facility ID 190166 in North Las Vegas, Nevada anywhere else in these alternate spectrum blocks for it’s research and development work underway at PC and PC2 which have yet to be time tested in the Nielsen Top 30/31 market: 76.1 MHz, 76.3 MHz, 76.5 MHz, 76.7 MHz, 76.9 MHz3. 77.1 MHz, 77.3 MHz, 77.5 MHz, 77.7 MHz, 77.9 MHz4. 78.1 MHz, 78.3 MHz, 78.5 MHz, 78.7 MHz, 78.9 MHz5. 79.1 MHz, 79.3 MHz, 79.5 MHz, 79.7 MHz, 79.9 MHz6. 80.1 MHz, 80.3 MHz, 80.5 MHz, 80.7 MHz, 80.9 MHz7. 81.1 MHz, 81.3 MHz, 81.5 MHz, 81.7 MHz, 81.9 MHz8. 82.1 MHz, 82.3 MHz, 82.5 MHz, 82.7 MHz, 82.9 MHz9. 83.1 MHz, 83.3 MHz, 83.5 MHz, 83.7 MHz, 83.9 MHz10. 84.1 MHz, 84.3 MHz, 84.5 MHz, 84.7 MHz, 84.9 MHz11. 85.1 MHz, 85.3 MHz, 85.5 MHz, 85.7 MHz, 85.9 MHz12. 86.1 MHz, 86.3 MHz, 86.5 MHz, 86.7 MHz, 86.9 MHz13. 87.1 MHz, 87.3 MHz. 87.5 MHz14, 87.7 MHz15, 87.9 MHz16.
LVPR makes this additional Silent STA Extension to support the synchronization of the special operating permit/license for KVGK-LP 97.9 FM assigned to PC on May 12, 2023 by the FCC should it be necessary to move KVGK-LP 97.9 FM over to KVGK-LP 87.5 FM or KVGK-LP 87.7 FM for instance, on this Silent STA Extension waiver request. This wll clear up confusion at PC and PC2 for ongoing research and development of a LPFM Commercial Service for small business concerns nationwide against pending U.S. Congressional Inquires, State of Nevada and federal matters as shown in FCC File Number: 0000219615 with the use of the alternate spectrum, if necessary, to eliminate interuptions to PC or PC2 research and development work as it pertains to small business concerns so PC lists correctly in FCC LMS for FCC Facility ID 190166.”