WQLU(FM), Lynchburg, Virginia (Facility ID No

1300 NORTH 17th STREET, 11th FLOOR ARLINGTON, VIRGINIA 22209 KATHLEEN VICTORY OFFICE: (703) 812-0400 (703) 812-0473 FAX: (703) 812-0486 [email protected] www.fhhlaw.com www.commlawblog.com KEENAN P. ADAMCHAK (703) 812-0415 [email protected] November 24, 2020

VIA ECFS & EMAIL

Marlene Dortch, Secretary Federal Communications Commission 45 L Street, NE Washington, D.C. 20554 Attn: Victoria McCauley, Attorney Audio Division, Media Bureau Federal Communications Commission [email protected]

RE: WQLU(FM), Lynchburg, Virginia (Facility ID No. 37248) File No. BSTA-20200819AAG Response to Operational Status Inquiry (1800B3-VM)

Ms. Dortch:

Liberty University, Inc. (“LU”), licensee of FM broadcast station, WQLU(FM) (formerly WMMC), Lynchburg, Virginia (Facility ID No. 37248) (“WQLU”), by its undersigned counsel, hereby responds to the Operational Status Inquiry of the Federal Communications Commission’s (“FCC” or the “Commission”) Media Bureau (“Bureau”), dated October 26, 2020,1 concerning WQLU’s operational status between November 24, 2014 and the present (“Inquiry Period”).

INQUIRY LETTER

The Bureau noted in the Inquiry Letter that LU “has not filed any application for construction permit for a new site or a notice of resumption of operation using the licensed facilities for [WQLU] since the last [Special Temporary Authority]’s [(“STA”)] expiration” on May 23, 2015.2 In the Inquiry Letter, the Bureau requested that LU provide in its response: (1) the dates on which WQLU operated from (a) its licensed site, (b) an STA state, or (c) another site during the Inquiry Period; (2) WQLU’s exact coordinates, effective radiated power (“ERP”),

1 See generally Letter from Albert Shuldiner, Chief, Audio Division, Media Bureau, FCC, to Liberty University, Inc., In re: WQLU(FM), Lynchburg, VA, Facility ID No. 37248, File No. BSTA-20200819AAG, Operational Status Inquiry (1800B3-VM) (Oct. 26, 2020) (“Inquiry Letter”). 2 Id. at 2. See also File No. BSTA-20141113AAO.

FLETCHER, HEALD & HILDRETH, PLC

November 24, 2020 Page 2

and antenna height above ground level (“RCAGL”) at each such location; (3) copies of all leases pertaining to all locations that WQLU operated from during the Inquiry Period; and (4) pictures of WQLU’s studio facilities and transmission facilities at all locations that WQLU operated from during the Inquiry Period.3

LU’s response to the Inquiry Letter is provided below and through the attachments hereto.

RESPONSE

WQLU, a student-operated radio station, commenced operation in 1993 from an LU- owned tower on leased land on Candler’s Mountain (as described below).4 In September 2011, WQLU moved its transmission operations from Candlers Mountain to the Monogram Hill Site (as described below) and operated pursuant to an STA.5 WQLU operated from two locations during the Inquiry Period.6 First, from the Monogram Hill Site, and second, from the Kane Tower Site (as described below).7 WQLU operated pursuant to either a valid STA or with its licensed facilities during the following timeframes in the Inquiry Period: (1) November 24, 2014 to May 23, 2015 (STA); and (2) October 3, 2017 to the present (licensed facilities).8 Between May 23, 2015 and October 3, 2017, however, WQLU inadvertently operated with facilities under an expired STA.9

LU’s failure to ensure that WQLU was operating with authorized facilities at all times during the Inquiry Period was not the result of an effort to deceive the Commission regarding the operations of the station.10 Rather, it was an inadvertent oversight resulting from WQLU’s status as a student-run station – as well as the frequent turnover in the station’s student management, LU’s Communications Department, and its legal counsel between 2011 and the present.11 LU

3 Inquiry Letter at 2. 4 Declaration of Kevin C. Spiron ¶ 10 (“Spiron Declaration”), attached hereto as Attachment A; Declaration of Robert H. Branch, Jr. ¶ 10 (“Branch Declaration”), attached hereto as Attachment B. 5 Spiron Declaration ¶ 9; Branch Declaration ¶ 9. See also File No. BSTA-20110906AAN, as extended by BSTA-20111025AAF, BSTA-20120302AAV, BESTA-20120904AAO, BESTA- 20130306ABN, and BSTA-20141113AAO. 6 Spiron Declaration ¶¶ 8 & 12; Branch Declaration ¶¶ 8 & 12. 7 Spiron Declaration ¶¶ 8 & 12; Branch Declaration ¶¶ 8 & 12. 8 Spiron Declaration ¶ 3; Branch Declaration ¶ 4. 9 Spiron Declaration ¶ 4; Branch Declaration ¶ 5. 10 Spiron Declaration ¶ 20. 11 Id.

November 24, 2020 Page 3

has implemented changes in WQLU’s oversight.12 WQLU is now also professionally managed, which will ensure that the station complies with the Commission’s regulations in the future.13

WQLU’s tower site locations and operational parameters during the Inquiry Period are set forth in the chart attached hereto as Attachment C.14 Copies of all leases pertaining to all tower site locations from which WQLU operated as a tenant during the Inquiry Period are attached hereto as Attachment D.15 Finally, pictures of WQLU’s studio facilities and transmission facilities at all locations from which WQLU operated from during the Inquiry Period are attached hereto in Attachment E.16

1. Operations from Monogram Hill (Nov. 24, 2014 to Oct. 3, 2017)

Between November 24, 2014 and October 3, 2017, WQLU operated from a tower and tower site owned by LU on Monogram Hill (ASRN 1268738) – which is located in the Lynchburg, Virginia metropolitan area (37˚ 21’ 32.0” N, 79˚ 9’ 32.0” W (NAD 27)) (“Monogram Hill Site”).17 LU relocated WQLU from an LU-owned tower on Candlers Mountain to the Monogram Hill Site in September 2011 due to a dispute with LU’s former landlord which forced WQLU to cease operations from its licensed site on Candlers Mountain – which was located within the Lynchburg, Virginia metropolitan area (37˚ 20’ 56.0” N, 79˚ 10’ 5.0” W (NAD 83)).18 Following the dispute with the landlord, LU’s tower on Candlers Mountain was demolished on September 27, 2011.19

As stated above, WQLU operated from the Monogram Hill Site until October 3, 2017 pursuant to the parameters of its expired STA.20

2. Operations from Candlers Mountain (Oct. 3, 2017 to the Present)

Since October 3, 2017, WQLU has been operating from a tower located on Candlers Mountain which is owned by Danny R. Kane (ASRN 1215021) (37˚ 20’ 57.0” N, 79˚ 10’ 04.8”

12 Id. 13 Id. 14 Id. ¶ 5; Branch Declaration ¶ 6. 15 Spiron Declaration ¶ 6. 16 Id. ¶ 7; Branch Declaration ¶ 7. 17 Spiron Declaration ¶ 8; Branch Declaration ¶ 8. Pictures of WQLU’s studio facilities and transmission facilities at the Monogram Hill Site are attached hereto at Attachment E. 18 Spiron Declaration ¶ 10; Branch Declaration ¶ 10. 19 Spiron Declaration ¶ 10; Branch Declaration ¶ 10. 20 Spiron Declaration ¶ 11; Branch Declaration ¶ 11.

November 24, 2020 Page 4

W (NAD 83)) (“Kane Tower Site”).21 As a result of LU’s review of its broadcast licenses in 2017, LU discovered that WQLU had been operating with unauthorized facilities from the Monogram Hill Site since WQLU’s STA expired on May 23, 2015.22 When LU discovered this discrepancy, LU immediately embarked on an effort to relocate WQLU back to the station’s licensed site on Candlers Mountain.23 Since LU’s tower on Candlers Mountain had been demolished on September 27, 2011, LU contracted to operate WQLU from the Kane Tower Site – which is located at very close coordinates to the former LU tower.24 To accomplish this, on September 30, 2017, LU entered into a Memorandum of Understanding with Mr. Kane to operate WQLU’s transmitter from the Kane Tower Site.25 WQLU commenced operations from the Kane Tower Site on October 3, 2017 with a power of 0.1 kW (ERP) at a height of 10 meters (RCAGL).26

LU chose to resume operations at the Kane Tower Site on October 3, 2017 because it was able to reestablish operations with facilities practically identical to those authorized in WQLU’s license.27 Section 73.1690(c)(1) of the Commission’s rules permits non-directional antennas to be mounted within 2 meters above or 2 meters below the authorized RCAGL.28 Furthermore, Section 73.1690(c)(11) authorizes transmitter coordinate variances within “3 seconds or fewer in latitude and/or 3 seconds or fewer in longitude . . . .”29 The actual coordinates of the Kane Tower Site are 37˚ 20’ 57.8” N, 79˚ 10’ 04.8” W (NAD 83), which means that there is a coordinate difference between the Kane Tower Site and WQLU’s licensed site of only 1.2 seconds latitude and 0.8 seconds longitude.30 The Kane Tower Site’s ground elevation is 415 meters, and WQLU’s antenna is mounted at 10 meters RCAGL.31 This means that WQLU’s antenna is mounted at the Kane Tower Site at 425 meters Above Mean Sea Level (“AMSL”) –

21 Spiron Declaration ¶ 12; Branch Declaration ¶ 12. Pictures of WQLU’s studio facilities and transmission facilities at the Kane Tower Site are attached hereto at Attachment E. 22 Spiron Declaration ¶ 13; Branch Declaration ¶ 13. 23 Spiron Declaration ¶ 13; Branch Declaration ¶ 13. 24 Spiron Declaration ¶ 13; Branch Declaration ¶ 13. 25 Spiron Declaration ¶ 14. See also Memorandum of Understanding, by and between Liberty University, Inc. and Danny R. Kane, dated Sept. 30, 2017, attached hereto as Attachment D. 26 Spiron Declaration ¶ 12; Branch Declaration ¶ 12. 27 Spiron Declaration ¶ 15; Branch Declaration ¶ 14. 28 47 C.F.R. § 73.1690(c)(1). 29 Id. at § 73.1690(c)(11). 30 Spiron Declaration ¶ 15; Branch Declaration ¶ 14. 31 Spiron Declaration ¶ 15; Branch Declaration ¶ 14.

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which is 1 meter above the height specified on WQLU’s license (424 meters AMSL).32 Accordingly, WQLU’s antenna height and coordinates for its operations from the Kane Tower Site were within the “correction” tolerances set forth in Sections 73.1690(c)(1) and (c)(11) of the Commission’s rules.33

LU, however, inadvertently failed to file a resumption of operations notification for WQLU when the station commenced operations from the Kane Tower Site on October 3, 2017.34 LU recently rectified this oversight by filing a resumption of operations notification for WQLU on November 20, 2020,35 and by filing a modification of license application on November 24, 2020 to correct the minor discrepancies in WQLU’s tower coordinates and antenna equipment between the Kane Tower Site and the station’s license.36

On August 19, 2020, LU filed an STA Request to revert WQLU’s operations back to the Monogram Hill Site.37 The STA Request specified that WQLU would operate with the same technical parameters from the Monogram Hill Site as it did prior to October 2017: 0.06 kW ERP, and 10 meters RCAGL.38 That STA Request currently remains pending.39

LU desires to return WQLU’s operations to the Monogram Hill Site for two reasons. First, the Monogram Hill Site has superior technical capabilities because LU would be able to connect WQLU’s new studio to the LU-owned tower at the Monogram Hill Site via fiber, as opposed to operating WQLU with a poor Internet connection between the station’s studio and the Kane Tower Site.40 Second, operating WQLU from the LU-owned Monogram Hill Site is more

32 Spiron Declaration ¶ 15; Branch Declaration ¶ 14 . See also File No. BLED- 19930211KF. 33 Spiron Declaration ¶ 15; Branch Declaration ¶ 14. 34 Spiron Declaration ¶ 16; Branch Declaration ¶ 15. 35 Spiron Declaration ¶ 17; Branch Declaration ¶ 16. See also Letter from Kathleen Victory, Esq. & Keenan P. Adamchak, Esq., Counsel for Liberty University, Inc., to Marlene Dortch, Secretary, FCC, Re: WQLU(FM), Lynchburg, Virginia (Facility ID No. 37248), File Nos. BSTA-20110906AAN, et seq., Notification of Resumption of Operations with Licensed Facilities (Nov. 20, 2020), a copy of which is attached hereto as Attachment F. 36 Spiron Declaration ¶ 17; Branch Declaration ¶ 16. See also File No. 0000127053, a copy of which is attached hereto as Attachment G. 37 Spiron Declaration ¶ 18; Branch Declaration ¶ 17. See also File No. BSTA- 20200819AAG. 38 Spiron Declaration ¶ 18; Branch Declaration ¶ 17. See also File No. BSTA- 20200819AAG. 39 Spiron Declaration ¶ 18; Branch Declaration ¶ 17. 40 Spiron Declaration ¶ 19; Branch Declaration ¶ 18.

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fiscally prudent as LU would no longer need to pay rent to use the Kane Tower Site.41 Accordingly, the benefits of operating WQLU from the Monogram Hill Site motivated LU to seek FCC authority to cease WQLU’s operations from the Kane Tower Site, and to commence operations from the Monogram Hill Site.42

Should you have any questions regarding this Response, please contact the undersigned.

Respectfully submitted,

/s/ Keenan P. Adamchak Kathleen Victory Keenan P. Adamchak

Counsel to Liberty University, Inc.

Enclosures

cc: Albert Shuldiner, Chief, Audio Division, Media Bureau ([email protected])

41 Spiron Declaration ¶ 19. 42 Id. List of Attachments

Attachment A – Declaration of Kevin C. Spiron

Attachment B – Declaration of Robert H. Branch, Jr.

Attachment C – Chart of WQLU’s Tower Site Locations and Operational Parameters

Attachment D – Lease Agreement

Attachment E – Pictures of WQLU’s Studio and Transmission Facilities

Attachment F – WQLU Resumption of Operations Notification

Attachment G – WQLU License Modification Application

Attachment A

Declaration of Kevin C. Spiron

DECLARATION OF KEVIN C. SPIRON

I, KEVIN C. SPIRON, hereby declare as follows:

1. I am the Director of the Radio & CAD Video Team of Liberty University, Inc. (“LU”). I make this declaration in voluntary support of LU’s Response (“Response”) to the Operational Status Inquiry of the Federal Communications Commission’s (“FCC” or the “Commission”) Media Bureau (“Bureau”), dated October 26, 2020, concerning the operational status of FM broadcast station, WQLU(FM) (formerly WMMC), Lynchburg, Virginia (Facility ID No. 37248) (“WQLU”), between November 24, 2014 and the present (“Inquiry Period”).

2. I have worked in my position at LU since January 3, 2017. Accordingly, the information provided in this Declaration is being provided to best of my knowledge, information, and belief (“Knowledge”).

3. To my Knowledge, WQLU operated with authorized facilities during the following timeframes: (1) November 24, 2014 to May 23, 2015 (STA); and (2) October 3, 2017 to the present (licensed facilities).

4. To my Knowledge, between May 23, 2015 and October 3, 2017, WQLU operated with facilities authorized under an expired STA.

5. To my Knowledge, WQLU’s tower site locations and operational parameters during the Inquiry Period are set forth in the chart attached to LU’s Response as Attachment C.

6. To my Knowledge, copies of all leases pertaining to all tower site locations from which WQLU operated as a tenant during the Inquiry Period are attached to LU’s Response as Attachment D.

7. To my Knowledge, pictures of WQLU’s studio facilities and transmission facilities at all locations from which WQLU operated from during the Inquiry Period are attached to LU’s Response in Attachment E.

Operations from Monogram Hill (Nov. 24, 2014 To Oct. 3, 2017)

8. To my Knowledge, Between November 24, 2014 and October 3, 2017, WQLU operated from a tower and tower site owned by LU on Monogram Hill (ASRN 1268738) – which is located in the Lynchburg, Virginia metropolitan area (37˚ 21’ 32.0” N, 79˚ 9’ 32.0” W (NAD 27)) (“Monogram Hill Site”). Pictures of WQLU’s studio facilities and transmission facilities at the Monogram Hill Site are attached to LU’s Response at Attachment E.

9. To my Knowledge, in September 2011, WQLU commenced operations at the Monogram Hill Site pursuant to STA (See File No. BSTA-20110906AAN, as

extended by BSTA-20111025AAF, BSTA-20120302AAV, BESTA- 20120904AAO, BESTA-20130306ABN, and BSTA-20141113AAO).

10. To my Knowledge, LU relocated WQLU from Candlers Mountain to the Monogram Hill Site due to a dispute with LU’s former landlord which forced WQLU to cease operations from its licensed site on Candlers Mountain – which was located within the Lynchburg, Virginia metropolitan area (37˚ 20’ 56.0” N, 79˚ 10’ 5.0” W (NAD 83)) (See File No. BLED-19930211KF). WQLU operated from an LU-owned tower on Candlers Mountain. Following the dispute with the landlord, LU’s tower on Candlers Mountain was demolished on September 27, 2011. WQLU had operated from the Candlers Mountain since its license was granted in 1993.

11. To my Knowledge, following the expiration of WQLU’s STA to operate at the Monogram Hill Site on May 23, 2015, LU inadvertently failed to file an extension of its STA to continue operating WQLU from the Monogram Hill Site. WQLU operated from the Monogram Hill Site until October 3, 2017 pursuant to the parameters of its expired STA.

Operations from Candlers Mountain (Oct. 3, 2017 to the Present)

12. To my Knowledge, since October 3, 2017, WQLU has been operating from a tower located on Candlers Mountain owned by Danny R. Kane (ASRN 1215021) (37˚ 20’ 57.0” N, 79˚ 10’ 04.8” W (NAD 83)) (“Kane Tower Site”). WQLU commenced operations from the Kane Tower Site on October 3, 2017 with a power of 0.1 kW (ERP) at a height of 10 meters (RCAGL). Pictures of WQLU’s studio facilities and transmission facilities at the Kane Tower Site are attached to LU’s Response at Attachment E.

13. To my Knowledge, as a result of LU’s review of its broadcast licenses in 2017, LU discovered that WQLU had been operating with unauthorized facilities from the Monogram Hill Site since WQLU’s STA expired on May 23, 2015. When LU discovered this discrepancy, LU immediately embarked on an effort to relocate WQLU back to the station’s licensed site on Candlers Mountain. Since LU’s tower on Candlers Mountain had been demolished on September 27, 2011, LU contracted to operate WQLU from the Kane Tower Site – which is located at very close coordinates to the former LU tower.

14. To my Knowledge, to accomplish this, on September 30, 2017, LU entered into a Memorandum of Understanding with Mr. Kane to operate WQLU’s transmitter from the Kane Tower Site. A copy of that Memorandum of Understanding is attached to LU’s Response at Attachment D.

15. To my Knowledge, LU chose to resume operations at the Kane Tower Site in October 2017 because it was able to reestablish operations with facilities practically identical to those authorized in WQLU’s license. The actual

coordinates of the Kane Tower Site are 37˚ 20’ 57.8” N, 79˚ 10’ 04.8” W (NAD 83), which means that there is a coordinate difference between the Kane Tower Site and WQLU’s licensed site of only 1.2 seconds latitude and 0.8 seconds longitude. The Kane Tower Site’s ground elevation is 415 meters, and WQLU’s antenna is mounted at 10 meters RCAGL. This means that WQLU’s antenna is mounted at the Kane Tower Site at 425 meters Above Mean Sea Level (AMSL) – which is 1 meter above the height specified on WQLU’s license (i.e., 424 meters AMSL). Accordingly, WQLU’s antenna height and coordinates for its operations from the Kane Tower Site were within the “correction” tolerances set forth in the Commission’s rules.

16. To my Knowledge, LU, however, inadvertently failed to file a resumption of operations notification for WQLU when the station commenced operations from the Kane Tower Site on October 3, 2017.

17. To my Knowledge, LU recently rectified this oversight by filing a resumption of operations notification for WQLU on November 20, 2020 (attached to LU’s Response as Attachment F), and by filing a modification of license application on November 24, 2020 to correct the minor discrepancies in WQLU’s tower coordinates and antenna equipment between the Kane Tower Site and the station’s license (See File No. 0000127053) (attached to LU’s Response as Attachment G).

18. To my Knowledge, on August 19, 2020, LU filed an STA Request to revert WQLU’s operations back to the Monogram Hill Site (See File No. BSTA- 20200819AAG). The STA Request specified that WQLU would operate with the same technical parameters from the Monogram Hill Site as it did prior to October 2017: 0.06 kW ERP, and 10 meters RCAGL. That STA Request currently remains pending.

19. To my Knowledge, LU desires to return WQLU’s operations to the Monogram Hill Site for two reasons. First, the Monogram Hill Site has superior technical capabilities because LU would be able to connect WQLU’s new studio to the LU- owned tower at the Monogram Hill Site via fiber, as opposed to operating WQLU with a poor Internet connection between the station’s studio and the Kane Tower Site. Second, operating WQLU from the LU-owned Monogram Hill Site is fiscally prudent as LU would no longer be required to pay rent to use the Kane Tower Site. These benefits of operating WQLU from the Monogram Hill Site motivated LU to seek FCC authority to cease operations of the station from the Kane Tower Site and to commence operations from the Monogram Hill Site.

20. LU’s failure to ensure that WQLU was operating with authorized facilities at all times during the Inquiry Period was not the result of an effort to deceive the Commission regarding the operations of the station. Rather, it was an inadvertent oversight resulting from WQLU’s status as a student-run station, and the frequent turnover in the station’s student management as well as in LU’s Communications

Department and its legal counsel between 2011 and the present. LU has implemented changes in oversight of WQLU. WQLU is now also professionally managed by LU’s Broadcast Communications Department, which will ensure that the station complies with the Commission’s regulations in the future.

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I certify under penalty of perjury that the foregoing is true and correct.

Executed on ______.11/24/2020

______Kevin C. Spiron Director of the Radio & CAD Video Team Liberty University, Inc.

Attachment B

Declaration of Robert H. Branch, Jr. DECLARATION OF ROBERT H. BRANCH, JR.

I, Robert H. Branch, Jr., hereby declare as follows:

1. I am a Broadcast Technical Consultant for Liberty University, Inc. (“LU”). I make this declaration in voluntary support of LU’s Response (“Response”) to the Operational Status Inquiry of the Federal Communications Commission’s (“FCC” or the “Commission”) Media Bureau (“Bureau”), dated October 26, 2020, concerning the operational status of FM broadcast station, WQLU(FM) (formerly WMMC), Lynchburg, Virginia (Facility ID No. 37248) (“WQLU”), between November 24, 2014 and the present (“Inquiry Period”).

2. I am an experienced broadcast engineer with more than 30 years of experience in FCC filings, facility construction, interference mitigation, and consulting on a wide range of broadcast radio technical matters. These facts are a matter of record with the Commission.

3. To the best of my knowledge, information, and belief (“Knowledge”), the facts set forth in this Declaration are true and accurate.

4. To my Knowledge, WQLU operated with authorized facilities during the following timeframes: (1) November 24, 2014 to May 23, 2015 (STA); and (2) October 3, 2017 to the present (licensed facilities).

5. To my Knowledge, between May 23, 2015 and October 3, 2017, WQLU operated with facilities authorized under an expired STA.

6. To my Knowledge, WQLU’s tower site locations and operational parameters during the Inquiry Period are set forth in the chart attached to LU’s Response as Attachment C.

Operations from Monogram Hill (Nov. 24, 2014 To Oct. 3, 2017)

9. To my Knowledge, in September 2011, WQLU commenced operations at the Monogram Hill Site pursuant to STA (See File Nos. BSTA-20110906AAN, as

extended by BSTA-20111025AAF, BSTA-20120302AAV, BESTA- 20120904AAO, BESTA-20130306ABN, and BSTA-20141113AAO).

Operations from Candlers Mountain (Oct. 3, 2017 to the Present)

14. To my Knowledge, LU chose to resume operations at the Kane Tower Site in October 2017 because it was able to reestablish operations with facilities practically identical to those authorized in WQLU’s license. The actual coordinates of the Kane Tower Site are 37˚ 20’ 57.8” N, 79˚ 10’ 04.8” W (NAD 83), which means that there is a coordinate difference between the Kane Tower Site and WQLU’s licensed site of only 1.2 seconds latitude and 0.8 seconds longitude. The Kane Tower Site’s ground elevation is 415 meters, and WQLU’s antenna is mounted at 10 meters RCAGL. This means that WQLU’s antenna is

mounted at the Kane Tower Site at 425 meters Above Mean Sea Level (AMSL) – which is 1 meters above the height specified on WQLU’s license (i.e., 424 meters AMSL). Accordingly, WQLU’s antenna height and coordinates for its operations from the Kane Tower Site were within the “correction” tolerances set forth in Sections 73.1690(c)(1) and (c)(11) the Commission’s rules.

15. To my Knowledge, LU, however, inadvertently failed to file a resumption of operations notification for WQLU when the station commenced operations from the Kane Tower Site on October 3, 2017.

16. To my Knowledge, LU recently rectified this oversight by filing a resumption of operations notification for WQLU on November 20, 2020 (attached to LU’s Response as Attachment F), and by filing a modification of license application on November 24, 2020 to correct the minor discrepancies in WQLU’s tower coordinates and antenna equipment between the Kane Tower Site and the station’s license (See File No. 0000127053) (attached to LU’s Response as Attachment G).

17. To my Knowledge, on August 19, 2020, LU filed an STA Request to revert WQLU’s operations back to the Monogram Hill Site (See File No. BSTA- 20200819AAG). The STA Request specified that WQLU would operate with the same technical parameters from the Monogram Hill Site as it did prior to October 2017: 0.06 kW ERP, and 10 meters RCAGL. That STA Request currently remains pending.

18. To my Knowledge, LU desires to return WQLU’s operations to the Monogram Hill Site since the site has superior technical capabilities because LU would be able to connect WQLU’s new studio to the LU-owned tower at the Monogram Hill Site via fiber, as opposed to operating WQLU with a poor Internet connection between the station’s studio and the Kane Tower Site.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

I certify under penalty of perjury that the foregoing is true and correct.

Executed on ______11/24/2020 .

______Robert H. Branch, Jr.

Attachment C

Chart of WQLU’s Tower Site Locations and Operational Parameters

Dates of Operation Site Name Site Coordinates Power RCAGL ASRN Authorization(s) (kW) (m) November 24, 2014 to October 3, 2017 Monogram Hill Site 37˚ 21’ 32.0” N, 0.06 15 1268738 BSTA-20141113AAO (LU-owned Site) 79˚ 9’ 32.0” W (NAD 27)

October 3, 2017 to the Present Kane Tower Site 37˚ 20’ 57.8” N, 0.1 10 1215021 BLED-19930211KF (Leased Site) 79˚ 10’ 04.8” W (NAD 83)1 (See 47 C.F.R. §§ 73.1690(c)(1) & (c)(11))

1 ASRN 1215021 coordinates: 37˚ 20’ 57.0” N, 79˚ 10’ 04.8” W (NAD 83).

Attachment D

Lease Agreement

Attachment E

Pictures of WQLU’s Studio and Transmission Facilities

WQLU Studio (November 24, 2014 to October 23, 2020)

WQLU Studio (October 23, 2020 to the Present)

Monogram Hill Site

Kane Tower Site

Attachment F

WQLU Resumption of Operations Notification

ECFS Confirmation https://www.fcc.gov/ecfs/filings/nodocket/confirmation

1 of 1 11/20/2020, 12:05 PM

VIA ECFS & EMAIL

Marlene Dortch, Secretary Federal Communications Commission 45 L Street, NE Washington, D.C. 20554 Attn: Dale Bickel, Senior Engineer Audio Division, Media Bureau Federal Communications Commission [email protected]

RE: WQLU(FM), Lynchburg, Virginia (Facility ID No. 37248) File Nos. BSTA-20110906AAN, et seq. Notification of Resumption of Operations with Licensed Facilities

Ms. Dortch:

Liberty University, Inc. (“LU”), licensee of FM broadcast station, WQLU(FM) (formerly WMMC), Lynchburg, Virginia (Facility ID No. 37248) (“WQLU”), by its undersigned counsel, hereby notifies the Commission that WQLU resumed operations with its licensed facilities1 on October 3, 2017. Accordingly, the previously-granted Special Temporary Authority, as extended,2 to operate at variance from its licensed facilities was no longer needed as of that date. Due to an inadvertent oversight, LU did not timely file this notice when WQLU resumed operations with its licensed facilities in October 2017, and is filing this notification to rectify this discrepancy for the Commission’s records.

Should any questions arise in connection with this matter, please contact the undersigned.

1 See File No. BLED-19930211KF. 2 See File Nos. BSTA-20110906AAN, BSTA-20111025AAF, BSTA-20120302AAV, BESTA-20120904AAO, BESTA-20130306ABN, and BSTA-20141113AAO.

FLETCHER, HEALD & HILDRETH, PLC

November 20, 2020 Page 2

Respectfully submitted,

/s/ Keenan P. Adamchak Kathleen Victory Keenan P. Adamchak

Counsel to Liberty University, Inc.

Attachment G

WQLU License Modification Application

Application Submitted « Licensing and Management System « FCC https://enterpriseefiling.fcc.gov/fmdataentry/secure/fm/confirmation.htm...

2 of 3 11/24/2020, 9:39 AM Approved by OMB (Office of Management and Budget) 3060-0837 September 2014 (REFERENCE COPY - Not for submission) Modification of a License for FM Application

File Number: 0000127053 Submit Date: 11/24/2020 Lead Call Sign: WQLU FRN: 0004990974 Service: Full Power FM Purpose: Modification of License Status: Pending Status Date: 11/24/2020 Filing Status: Active

General Section Question Response Information Attachments Are attachments (other than associated schedules) being No filed with this application?

Fees, Waivers, Section Question Response and Exemptions Fees Is the applicant exempt from FCC application Fees?

Indicate reason for fee exemption:

Is the applicant exempt from FCC regulatory Fees?

Waivers Does this filing request a waiver of the Commission's rule No (s)?

Total number of rule sections involved in this waiver request:

Applicant Applicant Name, Type, and Contact Information Information Applicant Address Phone Email Applicant Type

LIBERTY UNIVERSITY, INC. Kevin Spiron +1 (434) 582- kspiron@liberty. Company Doing Business As: LIBERTY 1971 University Blvd. 8615 edu UNIVERSITY, INC. LYNCHBURG, VA 24515 United States

Contact Contact Name Address Phone Email Contact Type Representatives (2) Kevin Spiron 1971 University Blvd +1 (434) 582- kspiron@liberty. Technical Liberty University Lynchburg, VA 24515 8615 edu Representative United States

Kathleen Victory , Esq . 1300 N 17th Street, Suite +1 (703) 812- victory@fhhlaw. Legal Representative Fletcher, Heald & Hildreth, 1100 0400 com PLC Arlington, VA 22209 United States

Legal Section Question Response Certifications Obligations Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met. Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect.

Character Issues Applicant certifies that neither the applicant nor any party to Yes the application has or 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.

Adverse Findings Applicant certifies that, with respect to the applicant and any Yes 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 laws related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination.

Program Service Applicant certifies that it is cognizant of and will comply with Certification 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.

Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580.

Equal Employment If the applicant proposes to employ five or more full-time Opportunity (EEO) employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report.

Operational Compliance Applicant certifies that it is not the licensee or permittee of the commercial primary station being rebroadcast and that neither it nor any parties to the application have any interest in or connection with the commercial primary station being rebroadcast? See 47 C.F.R. Section 74.1232(d).

Applicant certifies that the FM translator's (a) 1mV/m coverage contour does not extend beyond the protected contour of the commercial FM primary station to be rebroadcast, or (b) entire 1mV/m coverage contour is contained within the greater of either: (i) the 2 mV/m daytime contour of the commercial AM primary station to be rebroadcast, or (ii) a 25-mile radius centered at the commercial AM primary station's transmitter site.

Support Compliance The applicant, if for a commercial FM translator station with a coverage contour extending beyond the protected contour of the commercial primary station being rebroadcast, certifies that it has not received any support, before or after constructing, directly or indirectly, from the licensee /permittee of the primary station or any person with an interest in or connection with the licensee or permittee of the primary station, except for technical assistance as provided for under 47 C.F.R. Section 74.1232(e).

Rebroadcast Certification For applicants proposing translator rebroadcasts that are not the licensee of the primary station, the applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted.

Station Ready for Operation Applicant certifies that station is now in satisfactory operating condition and ready for regular operation. Programming The applicant certifies that it is the licensee of the primary station or the applicant certifies that written authority has been obtained from the licensee of the primary station whose programming is to be retransmitted.

Eligibility Certifications The applicant certifies that it is a:

If the applicant is submitting multiple applications, is this application the "priority" application? See Creation of a Low Power Radio Service, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 19208, 19239-40, 79-80, paras. 79-80 (2000).

The applicant certifies that the Commission has previously granted a broadcast application identified here by file number that found this applicant qualified as a noncommercial educational entity with a qualifying educational program, and that the applicant will use the proposed station to advance a program similar to that the Commission has found qualifying in applicant's previous application.

The applicant certifies that its governing documents (e.g., articles of incorporation, by-laws, charter, enabling statute, and/or other pertinent organizational document) permit the applicant to advance an educational program and that there is no provision in any of those documents that would restrict the applicant from advancing an educational program or complying with any Commission rule, policy, or provision of the Communications Act of 1934, as amended.

Community-Based Criteria Applicants must certify that they are local to be eligible for LPFM authorizations. An applicant must select "yes" to at least one of the certifications below to be eligible for an LPFM license. The applicant certifies that:

it is a nonprofit educational institution or organization that is physically headquartered or has a campus within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, or 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application

it is a nonprofit educational institution or organization that has 75 percent of its board members residing within 16.1 kilometers (10 miles), if applicant is in the top 50 urban markets, or 32.1 kilometers (20 miles) if applicant is outside the top 50 urban markets, of the proposed transmitting antenna site set forth in this application

it is a Tribe and its Tribal Lands, as that term is defined in Section 73.7000 of the Commission's rules, are within the service area of the proposed LPFM station; or it is a Tribal organization owned or controlled by a Tribe (or Tribes) and such Tribe's (or Tribes') Tribal Lands, as that term is defined in Section 73.7000 of the Commission's rules, are within the service area of the proposed LPFM station. See 47 C.F.R. Sections 73.853(c) and 73.7000.

it proposes a public safety radio service and has jurisdiction within the service area of the proposed LPFM station.

Ownership The applicant certifies that: no party to this application has an attributable interest in any low power FM broadcast station

1. no party to this application has an attributable interest in any non-LPFM broadcast station, including any full power AM or FM station, FM translator station, full or low power television station, or any other media subject to the Commission's broadcast ownership restrictions 2. no party to this application has pending an application for a low power FM, full power AM or FM station, FM translator station, or full or low power television station;

the applicant is in compliance with the Commission's policies relating to media interests of immediate family members; and

the applicant is in compliance with the Commission's policies relating to investor insulation and the non- participation of non-party investors and creditors.

Unlicensed Operation The applicant certifies, under penalty of perjury, that neither the applicant nor any party to the application has engaged in any manner, individually or with other persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. Section 301.

Financial The applicant certifies that sufficient net liquid assets are on hand or that sufficient funds are available from committed sources to construct and operate the requested facilities for three months without revenue.

Holding Period Applicant certifies that this application does not propose a Certifications modification to an authorization that was awarded on the basis of a preference for fair distribution of service pursuant to 47 U.S.C. Section 307(b).

Applicant certifies that this application does not propose a modification to an authorized station that received a credit for superior technical parameters under the point system selection method in 47 C.F.R. Section 73.7003.

Fair Distribution of Service Applicant certifies that the proposed station will provide a Pursuant to 47 U.S.C. first rural (reception) service. Section 307(b) Applicant certifies that: (a) it is a Tribal Applicant, as defined in 47 C.F.R. Section 73.7000; (b) the facilities proposed in this Application will provide Tribal Coverage, as defined in 47 C.F.R. Section 73.7000, of Tribal Lands occupied by the applicant Tribe(s); (c) the proposed community of license is located on Tribal Lands, as defined in 47 C.F.R. Section 73.7000; and (d) the proposed facility would be the first local Tribal-owned noncommercial educational transmission service at the proposed community of license

Applicant certifies that the proposed station will provide a first noncommercial educational aural service to (a) at least 10 percent of the people residing within the station's 60 dBu (1mV/m) service contour and (b) to a minimum of 2,000 people.

Applicant certifies that the proposed station will provide a second noncommercial educational aural service, or an aggregated first and second noncommercial educational aural service, to (a) at least 10 percent of the people residing within the station's 60 dBu (1 mV/m) service contour and (b) to a minimum of 2,000 people.

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. Tribal Priority – Threshold Is the Applicant applying for an FM allotment set forth in a Qualifications Public Notice announcing a Tribal Threshold Qualifications window?

Petition for Rulemaking This application is being submitted concurrently with a /Counterproposal to Add Petition for Rulemaking or Counterproposal to Amend the New FM Channel to FM FM Table of Allotments (47 C.F.R. Section 73.202) to add a Table of Allotments new FM channel allotment. The 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.

Channel and Section Question Response Facility Information Program Test Authority The application is operating pursuant to automatic program Yes test authority

The applicant is requesting program test authority No

Proposed Community of State Virginia License City LYNCHBURG

Channel 215

Frequency 90.9

Facility Type Facility Type Noncommercial Educational

Station Class Station Class A

Antenna Section Question Response Location Data Antenna Structure Do you have an FCC Antenna Structure Registration (ASR) No Registration Number?

ASR Number

Coordinates (NAD83) Latitude 37° 20' 57.8" N+

Longitude 079° 10' 04.8" W-

Structure Type

Overall Structure Height 21 meters

Support Structure Height

Ground Elevation (AMSL)

Antenna Data Height of Radiation Center Above Ground Level Horizontal:10 meters Vertical:10 meters

Height of Radiation Center Above Average Terrain Horizontal:184 meters Vertical:184 meters

Height of Radiation Center Above Mean Sea Level Horizontal:424 meters Vertical:424 meters

Effective Radiated Power Horizontal:0.1 Vertical: 0.1

Transmitter Power Output 0.300 kW

Proposed Allotment or Latitude - - Assignment - Coordinates (NAD83) Longitude - - Antenna Section Question Response Technical Data Antenna Type Antenna Type Non-Directional

Primary Station Call Sign

Facility ID

Frequency

Channel

Service Code

City

State

Delivery Method Delivery Method

If Other, Please specify:

Transmitting Antenna Manufacturer: Nicom

Model BKG77

Antenna Number of Sections: 1

Antenna Spacing Between Sections: 1.0

Directional Antenna Relative Field Value

Degree Value Degree Value Degree Value Degree Value

Additional Azimuths

Degree Value

Technical Section Question Response Certifications Environmental Effect Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? (See 47 C.F.R. Section 1.1306)

Broadcast Facility Does the proposed facility comply with the applicable engineering standards and assignment requirements of 47 C.F.R. Sections 73.203, 73.207, 73.213, 73.315, 73.509, 73.515, 73.525, and 73.1125?

Contour Protection Does the proposed facility request processing pursuant to No the contour protection provisions of 47 C.F.R Section 73.215?

Community of License Is the application being submitted to change the facility’s Change - Section 307(b) community of license? If ‘Yes’, an exhibit is required containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C. Section 307(b))

Proposal Compliance Does the applicant certify that the proposal is for a fill-in translator or booster?

Does the applicant certify that the proposal complies with Sections 74.1204, 74.1205, 74.1232, 74.1234 and 74.1235? Interference Does the applicant certify that the proposed facility complies with the engineering requirements of 47 CFR Section 73.807 (a) through (g), 73.825 and 73.827(a)?

Transmitter Power Output Does the operating transmitter power output produce the authorized effective radiated power?

Constructed Facility The facility was constructed as authorized in the underlying Yes construction permit or complies with 47 C.F.R. Section 73.1690?

Special Operating Was the facility constructed in compliance with all special Yes Conditions operating conditions, terms, and obligations described in the construction permit?

Environmental Would a Commission grant of Authorization for this location No be an action which may have a significant environmental effect? (See 47 C.F.R. Section 1.1306)

Modification of Section Question Response License Certifications Change in effective Is this application being filed to authorize a change in Yes radiated power, transmitter Effective Radiated Power and/or a change in transmitter output power, replacing a output power, and/or replacing a directional or nondirectional or nondirectional antenna and/or deleting contour protection status directional antenna, and/or correcting coordinates, as authorized by 47 CFR deleting contour protection Sections 73.1690(c)(1) through (c)(11)? status, or correcting coordinates

Using a formerly licensed Is this application being filed pursuant to 47 CFR Section main facility as an auxiliary 73.1675(c)(1) to request authorization to use a formerly facility. licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility?

Change the license status Is this application being filed to authorize a change in No license status from commercial to non-commercial or from noncommercial to commercial, pursuant to 47 CFR Section 73.1690(c)(9)?

Change in hours of Is this application being filed to authorize a change in hours operation of operation?

Replacement of Antenna Is this application being filed to authorize the replacement of the licensed nondirectional antenna with another nondirectional antenna within 2 meters above or 4 meters below the licensed antenna center of radiation? See 47 CFR Section 73.875(c)(1)?

Replacement of Is this application being filed to authorize a replacement of transmission line the transmission line that resulted in a change in licensed transmitter power output, but not the effective radiated power? See 47 CFR Section 73.875(c)(2)?

Certification Section Question Response

General Certification The Applicant waives any claim to the use of any particular Statements frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by authorization or otherwise, and requests an Authorization in accordance with this application (See Section 304 of the Communications Act of 1934, as amended.). The Applicant certifies that neither the Applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to §5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under §1.2002(c) of the rules, 47 CFR . See §1. 2002(b) of the rules, 47 CFR § 1.2002(b), for the definition of "party to the application" as used in this certification § 1.2002(c). The Applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.

Authorized Party to Sign FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID Upon grant of this application, the Authorization Holder may be subject to certain construction or coverage requirements. Failure to meet the construction or coverage requirements will result in automatic cancellation of the Authorization. Consult appropriate FCC regulations to determine the construction or coverage requirements that apply to the type of Authorization requested in this application. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, §1001) AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, §312(a)(1)), AND /OR FORFEITURE (U.S. Code, Title 47, §503).

I declare, under penalty of perjury, that I am an authorized Dr Jerry Prevo representative of the above-named applicant for the Acting President Authorization(s) specified above. 11/24/2020

Attachments File Name Uploaded By Attachment Type Description Upload Status

WQLU Correction Applicant Description of Parameters Correction Done with Virus Scan Exhibit.pdf for WQLU, Lynchburg, VA. and/or Conversion Robert H. Branch, Jr. Broadcast Technical Consultant 440 Astillero Street Las Vegas, NV 89138 434-941-9123

RE: Facility ID 37248, WQLU, Lynchburg, VA Coordinates Correction, Non-directional Antenna Change, TPO Change.

The instant application proposes to make the following changes per 47 CFR Section 73.1690(c):

1. Correct Geographic Coordinates by 1.3 seconds of Latitude and 0.8 seconds of Longitude 2. Change Non-Directional Antenna from MSW to Nicom BKG77 3. Change Transmitter Power Output Based on the Antenna Gain of the New Antenna 4. RFR Study Showing no Major Environmental Impact by the Corrected Facility

The currently licensed parameters for WQLU in BLED19930211KF are:

Geographic Coordinates = 37-20-56.5 N, 079-10-04.0 W (NAD83) Ground Elevation AMSL = 414 meters Antenna Center AMSL = 424 meters Antenna Center AGL = 10 meters Effective Radiated Power = 100 watts Total Power Output = 122 watts Antenna Type = MSW 5011 (2-bay) Circularly Polarized (Ring-Stub/“Other”) Overall Structure Height AGL = 21 meters Transmission Line Type = Andrew LDF-5 7/8” Foam RF Bandpass Filter = None FM Model Maximum RF Radiation = 66.999 microwatts per centimeter squared

The currently operating parameters for WQLU are:

Geographic Coordinates = 37-20-57.8 N, 079-10-04.8 W (NAD83) Ground Elevation AMSL = 415 meters Antenna Center AMSL = 425 meters Antenna Center AGL = 10 meters Effective Radiated Power = 100 watts Total Power Output = 300 watts Antenna Type = Nicom BKG77 (1 Bay) Circularly Polarized (Opposed V Dipole) Overall Structure Height AGL = 21 meters Transmission Line Type = Andrew LDF-5 7/8” Foam RF Bandpass Filter = Telewave TWPC-1005-2 (1 dB Insertion Loss) FM Model Maximum RF Radiation = 28.722 microwatts per centimeter squared

The antenna is located on an existing registered communications tower, 1215021.

The tower registration has a discrepancy between the actual tower location and the registration information.

The geographic coordinates of the ASRN 1215021 tower are:

37-20-57.0 N, 79-10-04.0 W (NAD83) Ground Elevation AMSL = 415.1 Overall Height of Structure AGL = 21 meters

The geographic coordinates of the actual tower location are:

37-20-57.8 N, 079-10-04.8 W (NAD83) Ground Elevation AMSL = 415 Overall Height of Structure AGL = 21 meters

Thus, the applicant requests that the parameters requested in this instant application be adopted in lieu of the information found in the geographic coordinates between the operating facility and the parameters contained in the antenna structure registration 1215021.