Federal Communications Commission DA 09-1372
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Great Lakes Community Broadcasting, Inc.
Applications for Construction Permits and 
Licenses for Noncommercial Educational FM 
Stations and FM Translator Stations:
WQLO(FM), Lake Odessa, MI
Facility ID No. 106632
WAAQ(FM) (formerly WAQQ(FM)),
Rogers Heights, MI
Facility ID No. 90609
WJKQ(FM), Jackson, MI
Facility ID No. 93649
WJCQ(FM), Jackson, MI
Facility ID No. 92547
W220CW, Rogers Heights, MI
Facility ID No. 94049
W207BL, Pinnebog, MI
Facility ID No. 94130
W206AZ, Fremont, MI
Facility ID No. 92895
W205BQ, Brevort, MI
Facility ID No. 94126
Great Lakes Broadcast Academy, Inc.
Applications for Construction Permits and 
Licenses for Noncommercial Educational FM 
Stations and FM Translator Stations:
WPQZ(FM), Muskegon, MI
Facility ID No. 81726
W206BF, Rogers Heights, MI
Facility ID No. 94048
W211BI, Ann Arbor, MI
Facility ID No. 94125
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
File Nos. BNPED-19990928AAV
and BLED-20080707AAD
File Nos. BPED-19980505MC, BLED-
20050321ALM, BMLED-20050607ACP, and 
BMPED-20051222AAA
File Nos. BPED-19990607ME
and BLED-20030520AAE
File Nos. BPED-19981224MB
and BLED-20050607ACR
File Nos. BPFT-20010627AAV
and BLFT-20040217ABX
File Nos. BMPFT-20000328ABV
and BLFT-20030508ACY
File Nos. BPFT-19990311TB
and BLFT-20030508ABN
File Nos. BPFT-19990823TG
and BMPFT-20000328ABW
File Nos. BPED-19960502MD
and BLED-20030520AAB
File Nos. BPFT-19990818TB
and BLFT-20000626AEQ
File Nos. BPFT-19990823TH
and BLFT-20021018AAQ
Federal Communications Commission DA 09-1372
2
MEMORANDUM OPINION AND ORDER
Adopted:  June 18, 2009 Released:  June 19, 2009
By the Chief, Audio Division, Media Bureau:
I. INTRODUCTION
1. We have before us:  (1) the captioned authorizations and applications of Great Lakes 
Community Broadcasting, Inc. (“GLCB”) and Great Lakes Broadcast Academy, Inc. (“GLBA”), both of 
which are controlled by James J. McCluskey, Ph.D.; (2) certain petitions, complaints, informal objections, 
requests for investigation, and related pleadings involving GLCB, GLBA and the captioned 
authorizations and applications; and (3) investigative records, including a letter of inquiry by the Audio 
Division of the Media Bureau to GLCB and GLBA, dated August 5, 2008 (the “LOI”), and their response 
filed on September 5, 2008 (“Response”) and a supplemental filing by David C. Schaberg, engineering 
consultant to GLCB and GLBA, on November 10, 2008 (“Supplement to Response”).1
2. For the reasons stated below, we find that the construction permits for WQLO(FM), 
WAAQ(FM), WJCQ(FM), WPQZ(FM), W205BQ and W206AZ have expired.  We also find that the 
licenses of W207BL and W211BI have expired pursuant to Section 312(g) of the Communications Act of 
1934, as amended (the “Act”).2 We will delete these call letters and dismiss all pending applications for 
these stations.  We will address the status of the remaining authorizations captioned above, together with 
all other Commission authorizations in which Dr. McCluskey and/or Mr. Schaberg currently hold an 
attributable interest, in a separate Order to Show Cause, Notice of Opportunity for Hearing and Hearing 
Designation Order (“HDO”).
II. DISCUSSION
A.  WQLO(FM), Lake Odessa, Michigan
3. Background. GLCB applied for and received a construction permit for an NCE-FM 
station on 89.7 MHz at Lake Odessa, Michigan.  The permit for the station, for which GLCB chose the 
call sign WQLO, was issued on July 11, 2005 and contained an expiration date of July 11, 2008.  The 
permit stated:  “[T]his construction permit will be subject to automatic forfeiture unless construction is 
complete and an application for license to cover is filed prior to expiration.  See Section 73.3598.”3
4. On July 7, 2008, GLCB filed an application for license for the station.4 That license 
application, signed by Mr. Schaberg as engineering consultant to GLCB, certified that the station was 
operating pursuant to automatic program test authority and that all terms, conditions, and obligations set 
forth in the underlying construction permit had been fully met.
5. Based on previous investigations of GLCB and GLBA, discussed below, the staff of the 
Audio Division asked representatives of the Enforcement Bureau to investigate the veracity of those 
  
1 Response to Inquiry and to Jackson Radio Works Complaint.  Mr. Schaberg’s November 10, 2008, letter to Kevin 
Martin, Chairman of the Commission at the time, contained a modified version of the Response.
2 47 U.S.C. § 312(g).
3 FCC Form 351A (file no. BNPED-19990928AAV).
4 Application on FCC Form 302-FM (file no. BLED-20080707AAD).
Federal Communications Commission DA 09-1372
3
certifications.  On July 10, 2008, those representatives monitored 89.7 MHz from approximately 10:30 
a.m. to 11:30 a.m. in the Lake Odessa, Michigan area and detected no station operating in the area.  They 
inspected the location specified in the construction permit and found an open farm field with no building, 
tower or electrical power source.
6. On July 22, 2008, the Audio Division, following a routine application acceptability 
review, sent a letter to Dr. McCluskey, noting that the license application was deficient because it was not 
signed by him as an officer of GLCB.  On July 29, 2008, the application was amended to specify Dr. 
McCluskey as the signatory for GLCB.  The amendment did not modify any of the certifications in the 
application indicating that the station was on the air with the authorized facilities.  In an email to the 
Audio Division at 2:43 p.m. on July 29, 2008, with the file number for the application in the subject line, 
Mr. Schaberg stated:  “I have received concurrence from Dr. McCluskey and have filed the corrected 
paperwork.  Thank you, as always, for your assistance.”
7. On August 5, 2008, the Audio Division sent to GLCB its LOI, containing the 
investigative report and pictures from the Enforcement Bureau and directing GLCB to explain the 
certifications in the application in light of that report.5 In its Response, signed by Dr. McCluskey, GLCB 
claimed that the license application and the amendment to that application were filed by mistake.  GLCB 
claimed that Dr. McCluskey and Mr. Schaberg had been collaborating to clear up various “problems” in 
the authorizations of GLCB and GLBA.6 Dr. McCluskey states:
As part of the collaboration, a series of applications were compiled in the 
electronic queue which were designed to be ready to file at an 
appropriate time.  Many of these were for translator modifications, but 
some, such as this application, were placed in queue to have the 
information readily available for our internal review.  Mr. Schaberg is 
providing an affidavit with this filing relative to this situation and how it 
may have occurred.
Since [McCluskey and Schaberg] both knew that the station was not built 
and would not be completed before the expiration of the construction 
permit, provision was made for a request for a 6-month extension of time 
concurrent with the transfer of this permit to the Society for Accurate 
Information and Distribution Foundation (“SAID”).  You will find this in 
subparagraph (b) of the Donation Agreement between the parties.
Further, because [McCluskey and Schaberg] both knew that the FCC was 
seriously and intently scrutinizing every move made by the licensee, it 
would have been entirely stupid to file the license request knowing that 
the station was not constructed.  Both realized it was extremely likely 
that the Commission would have the site field inspected before granting 
the license.7
  
5 LOI at 5 and Ex. A.  The LOI directed GLCB and GLBA to respond with affidavits or declarations under penalty 
of perjury in accordance with the requirements of 47 C.F.R. § 1.16.  Id. at  9.  The LOI warned that knowingly and 
willfully making any false statement or concealing any material fact in reply to the LOI is punishable by fine or 
imprisonment pursuant to 18 U.S.C. § 1001.  Id.
6 Response at 2.
7 Id.  No extension request or tolling request was ever submitted to the Commission.  We also note that Dr. 
McCluskey, as early as 2003, was aware that Commission policy is not to grant extensions of construction permits.  
(Continued . . .)
Federal Communications Commission DA 09-1372
4
8. Mr. Schaberg, in his affidavit submitted with the Response, states:
WQLO has NOT been constructed. . . . I was mortified to learn that the 
application for license had been filed.  It was put into the queue only as 
an internal reminder that this was a priority.  The fact that my name 
appeared as a signatory on the filing also shows that this was not ready to 
file.  Dr. McCluskey received a letter indicating that it was his name that 
needed to appear and, according to my conversation with him, simply 
complied with the request not knowing that this was not to be filed.  As 
noted above, no effort had been made to construct the station and there 
was no reason to attempt to slide another application by when we both 
knew that the Commission was watching every move.8
9. After receiving the Response, the Audio Division checked the web logs for its electronic 
filing system, known as CDBS.  Those web logs show that the application was started on July 2, 2008, at 
6:04 p.m., from internet address 207.179.121.210.  This internet address is registered to DS Broadcasting, 
1804 Hillcrest, Lansing, MI 48910.  Although Mr. Schaberg’s correspondence lists his business address at 
3105 S. Martin Luther King Boulevard, #169 in Lansing, Michigan, his Michigan driver’s license and 
voter registration list his address as the 1804 Hillcrest address.  The CDBS web log for the application 
shows a number of connections to the server for the application, but all were from the original internet 
address.  
10. In order to put an application or amendment for a particular station on file through 
CDBS, the filer must enter a Federal Registration Number (“FRN”) associated with that station.  Once the 
filer enters the FRN and submits the filing, the CDBS system responds with a screen reporting that the 
filing was successfully submitted.  WQLO has a single associated FRN, established in 2006.  The web log 
shows that the FRN was entered from internet address 207.179.121.210 at 9:06 p.m. on July 4, 2008.  The 
CDBS system records the application as submitted at that time, and received on July 7, at 12:01 a.m., the 
beginning of the next business day.  The amendment to the application, substituting Dr. McCluskey for 
Mr. Schaberg as the signatory, was also prepared and filed exclusively from internet address 
207.179.121.210.  The amendment was started on July 29, 2008, at 2:37 p.m., and the FRN entry to 
submit the amendment occurred at 2:41 p.m.  Mr. Schaberg’s email to the Audio Division confirming the 
filing of the amendment was sent at 2:43 p.m.  These facts contradict the claims of Dr. McCluskey and 
Mr. Schaberg that the license application and amendment were submitted by mistake, as well as the claim 
by Mr. Schaberg that Dr. McCluskey submitted the amendment on his own.
___________________________
(footnote continued from previous page)
See infra at ¶ 41 (quotation from letter by Dr. McCluskey to Secretary of FCC (Nov. 5, 2003)).  The Response and 
Supplement to Response requested the Commission to allow GLCB to transfer its authorizations, including the 
WQLO(FM) construction permit, to SAID, as proposed in applications filed with the Commission in 2008. See
Broadcast Applications, Public Notice, Report No. 26766 at 1-2 (June 26, 2008), and Broadcast Applications, Public 
Notice, Report No. 26803 at 1 (Aug. 19, 2008).  Although SAID has never filed any of its required ownership 
reports with the Commission pursuant to 47 C.F.R. § 73.3615(e)(1), SAID’s applications and records of the 
Michigan Department of Labor and Economic Growth show that Mr. Schaberg is one of two directors of this 
foundation.  See, e.g., Application on FCC Form 340 (file no. BNPED-20071017AJB).
8 Affidavit of David C. Schaberg, dated Sep. 2, 2008, at 2.  However, the Supplement to Response contains a 
different, unsigned version of this affidavit.  That version, dated “August __, 2008,” states:  “WQLO has been 
constructed to allow for a license to be granted.”
Federal Communications Commission DA 09-1372
5
11. Analysis. Based on the facts discussed above, we find that:  (a) WQLO was not 
constructed; (b) in an attempt to prevent the construction permit for WQLO from expiring, Dr. 
McCluskey and Mr. Schaberg submitted a license application for WQLO on July 7, 2008, four days 
before the expiration date, falsely certifying that the station had been constructed; (c) Dr. McCluskey and 
Mr. Schaberg reaffirmed the false certification in the July 29, 2008, amendment to the application filed by 
Mr. Schaberg, with the concurrence of Dr. McCluskey; and (d) when confronted with the showing in the 
LOI that WQLO had not been constructed, Dr. McCluskey and Mr. Schaberg falsely claimed that the 
application and the amendment had been submitted by mistake.
 
12. The matter of GLCB’s character qualifications will be addressed in the HDO, rather than 
here, as part of the issue of whether the company’s remaining authorizations should be revoked pursuant 
to Section 312(a) of the Act.9 For purposes of this decision, the most salient fact is that WQLO was never 
constructed in accordance with the construction permit.  We need not reach the issue of their deceit in this 
proceeding.10  
13. Pursuant to the automatic forfeiture provision set forth in Section 73.3598(e) of the Rules, 
the WQLO construction permit has been forfeited.11 Accordingly, we will delete the WQLO call letters 
and dismiss the WQLO license application.
B.  WAAQ(FM) (formerly WAQQ(FM)), Rogers Heights, Michigan
14. Background. On May 5, 1998, GLCB filed an NCE-FM construction permit application 
for a proposed station on 88.1 MHz at Rogers Heights, Michigan.12 The application ultimately was 
granted and a construction permit, with the call sign WAAQ, was issued on December 17, 2003, with an 
expiration date of December 17, 2006.  The construction permit authorized construction of the proposed 
station on a tower to be constructed at 43-37-05 NL, 85-32-40 WL (NAD83 coordinates will be used 
exclusively herein), with the radiation center of the antenna at 14 meters above ground level.13 The 
permit contained the same “automatic forfeiture” language as the WQLO permit.
15. On March 21, 2005, GLCB filed a license application for WAAQ.14 That license 
application certified that the station was operating pursuant to program test authority and that all terms, 
conditions, and obligations set forth in the underlying construction permit had been met.  Dr. McCluskey 
signed the application as the President/Owner/CEO of GLCB and also as its consulting engineer.
16. On November 7, 2005, Mentor Partners, Inc. (“Mentor”) filed an informal objection to 
the WAAQ license application.15 The Mentor Objection contained a sworn declaration and related 
  
9 47 U.S.C. § 312(a).
10 The Commission will refer this matter to a U.S. attorney’s office for a potential prosecution.  In addition, as noted 
above, the Media Bureau will be issuing an HDO to determine, inter alia, whether Dr. McCluskey and Mr. Schaberg 
are qualified to hold Commission authorizations and are subject to a forfeiture for submitting false certifications to 
the Commission.  That HDO will specify that the proceeding largely will be held in abeyance pending the outcome 
of the referral of this matter to the U.S. attorney.  See infra, n.5.  
11 See 47 C.F.R. § 73.3598(e).
12 Application on FCC Form 340 (file no. BPED-19980505MC).
13 FCC Form 351A (file no. BPED-19980505MC).
14 Application on FCC Form 302-FM (file no. BLED-20050321ALM).
15 “Informal Objection and Request for Immediate Revocation of Operating Authority” (November 7, 2005) 
(“Mentor Objection”).
Federal Communications Commission DA 09-1372
6
documentation, including photographic evidence, showing that WAAQ had not been constructed at its 
authorized site.  The authorized site was found to be a wooded area containing no building, tower or 
power source.  Using a field strength meter and a GPS device, the President of Mentor found WAAQ to 
be operating from a location approximately 3.5 miles from the authorized site.  Mentor claimed that the 
unauthorized site was short-spaced toward WIAA(FM), Interlochen, Michigan and toward a construction 
permit for WEJC-FM, White Star, Michigan.16
17. On December 22, 2005, GLCB filed an application for a minor change to the WAAQ 
construction permit.17 Mentor submitted an informal objection on March 3, 2006, reiterating the 
objections set forth in the Mentor Objection to GLCB’s still pending license application.18 On May 24 
and 25, 2006, representatives of the Enforcement Bureau inspected WAAQ.  They found numerous 
violations of the Commission’s Rules (the “Rules”), including operation from an unauthorized site 
approximately 0.283 miles from the site specified in the initial construction permit and in the still pending 
covering license application.19 This was not the unauthorized site specified in the Mentor Objection, but a 
second unauthorized site corresponding to the proposed site in the minor change application filed on 
December 22, 2005.20
18. In the LOI, the Audio Division directed GLCB to explain whether the certifications in the 
still-pending WAAQ license application were false in light of the Enforcement Bureau’s report.  GLCB 
claims:  “The station, when it was operating, was in compliance with its valid authorization except 
perhaps for the tower height.”21 As determined by the Enforcement Bureau inspection, this claim is not 
true.  GLCB also states:  “In the spring of 2006, we lost our ability to operate from the original site and 
after the Commission field staff came to inspect, we removed our equipment.”22 At no time did GLCB 
request authority for the station to be silent.
19. Analysis. Based on our investigation, we find that: (a) GLCB never constructed WAAQ 
at its authorized site; (b) GLCB submitted a license application for WAAQ falsely certifying that the 
station had been constructed at its authorized site; (c) GLCB attempted to obtain after-the-fact approval to 
operate from a different transmitter site once Mentor alerted the Commission to the false certifications in 
the WAAQ license application; (d) GLCB falsely claimed in its Response that the station had operated 
from its authorized site until 2006; (e) GLCB committed multiple Rule violations in its operation of 
WAAQ, as reflected in the Enforcement Bureau’s report;23 and (f) WAAQ has been off the air without 
Commission approval for approximately three years.24
  
16 Mentor Objection at 3.  
17 Application on FCC Form 340 (file no. BMPED-20051222AAA).
18 “Informal Objection and Request to Revoke Program Test Authority” (March 3, 2006).
19 The other Rule violations included lack of a main studio and absence of a management or staff presence, an 
incomplete public inspection file, lack of operational Emergency Alert System (“EAS”) equipment, lack of monthly 
EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to 
designate a chief operator, and failure to have equipment performance measurements available.  See 47 C.F.R. §§ 
11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527.
20 See LOI at 2-3 and Ex. B.
21 Response at 5.
22 Id. at 4.
23 See LOI, Ex. B.
24 The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing 
quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits 
(Continued . . .)
Federal Communications Commission DA 09-1372
7
20. The matter of GLCB’s character qualifications will be addressed in the HDO, rather than 
here, as part of the issue of whether the company’s remaining authorizations should be revoked pursuant 
to Section 312(a) of the Act.25 For purposes of this decision, the most salient fact is that WAAQ was 
never constructed in accordance with the construction permit.  Commission precedent makes it clear that 
construction with unauthorized facilities does not override the “automatic forfeiture” provision in the 
Rules.26 Accordingly, the WAAQ construction permit was forfeited as of December 17, 2006.  We will 
delete the WAAQ call sign and dismiss all pending applications for WAAQ.  
C.  WJKQ(FM), Jackson, Michigan
21. Background. In 2003, GLCB received a construction permit for a new NCE-FM station 
on 88.5 MHz at Jackson, Michigan, for which GLCB chose the call sign WJKQ.27 The permit provided 
for construction of the station on a tower located at 42-16-22 NL, 84-21-27 WL, with an antenna radiation 
center 24 meters above ground level.
22. In 2003, GLCB applied for a license for WJKQ, certifying that the station was operating 
pursuant to program test authority and that all terms, conditions, and obligations set forth in the 
construction permit were fully satisfied.28 Dr. McCluskey signed the application as President and owner 
of GLCB and as GLCB’s consulting engineer.  That application was granted on February 5, 2004, and the 
station’s license was renewed on September 20, 2004.
23. In 2005 and 2006, Jackson Radio Works (“Jackson”) filed an informal objection and then 
a complaint that WJKQ had been constructed at an unauthorized location.29 The complaint included a 
sworn declaration and related documentation to the effect that no tower, building or power source existed 
___________________________
(footnote continued from previous page)
constitutes “compliance” with their authorizations because the facilities did not exceed the antenna heights and 
power levels specified in the authorizations, and therefore would not have caused interference to other stations.  See
Response at 5, 6, 7, 8, 9 and 10.  We reject this argument.  Except to the extent specifically provided in our Rules, 
we do not allow permittees to self-approve modifications to their construction permits.  See 47 C.F.R. § 73.1690.  
Commission review and prior approval of engineering changes are necessary prior to construction.  The 
Commission operates a national database of authorizations that allows all parties to know where and when broadcast 
spectrum is available.  In an era of intense demand for broadcast spectrum, parties such as GLBC and GLBA cause 
substantial harm when they hoard spectrum by holding authorizations for full-service FM stations but operate 
minimal facilities that would not have been approved under our Rules had they been presented to us (or, worse, fail 
to operate any facilities).  This case helps illustrate not only the wisdom of our review and approval requirements for 
modifications to construction permits, but also why we modified Section 73.3598 so that construction permits would 
no longer serve as open-ended options to construct stations.  See 47 C.F.R. § 73.3598; 1998 Biennial Regulatory 
Review, Report and Order, 13 FCC Rcd 23,056, 23,093 (1998) (modifying Section 73.3598 to provide for a three-
year construction period, with limited opportunities to toll that period, and automatic forfeiture of the permit if the 
station is not constructed as authorized within that period, is “intended to strike a balance between our fundamental 
interests in expediting new service to the public and preventing the warehousing of scarce spectrum”).
25 47 U.S.C. § 312(a).
26 47 C.F.R. § 73.3598(e); see KSBN Radio, Inc., Memorandum Opinion and Order, 19 FCC Rcd 20162 (2004), 
recon. denied, 23 FCC Rcd 2504 (2008).
27 FCC Form 351A (file no. BPED-19990607ME).
28 Application on FCC Form 302-FM (file no. BLED-20030520AAE (granted Feb. 5, 2004)).
29 “Informal Objection” (April 29, 2005) and “Complaint of Violation of FCC Rules and Request for Immediate 
Revocation of Operating Authority” (August 17, 2006).  GLCB filed a series of minor modification applications for 
the station, all of which were dismissed by the Audio Division on May 20, 2005.
Federal Communications Commission DA 09-1372
8
at WJKQ’s licensed site and that the station was operating from an unauthorized site approximately 0.4 
kilometers east of the authorized site.  On July 14, 2006, representatives of the Enforcement Bureau 
inspected the station.  They found multiple Rule violations, including operation from an unauthorized site 
as indicated in the Jackson complaint.30 On September 13, 2006, GLCB filed a minor modification 
application for authority to move the station to the site from which it had been operating.
24. In the LOI, the Audio Division directed GLCB to explain whether its license application 
for WJKQ was false in light of the findings of the Enforcement Bureau.31 In its Response, GLCB states:
This station was originally located on an existing tower (ASR 
1224398) on the WEST side of US127 (due west of where the 
inconsistent coordinates are shown in the original construction permit.  
Those coordinates were determined with mapping but perhaps should 
have been drawn directly from the ASR).  This is when the station was 
licensed.  Because of a short-term agreement with the tower owner, the 
station was then moved to the east at what was Gold’s Nursery at 1130 
Munith Road.  They allowed [GLCB] to construct a small tower and 
hastily put the antenna up.
The station was operated for only a few months when a tornado 
came through and bent the pole holding the antenna and causing damage 
to the transmitting equipment.  The station operated very intermittently 
after that (spring of 2006) and not at all after [Dr. McCluskey] left for 
Texas in July of 2007.
[Dr. McCluskey] admits to being remiss in not filing a 
modification of construction permit to correct the coordinates in a timely 
manner.  It was not until September of 2007 that notation was made that 
such an application had not been made.  The application was intended to 
be filed before operating at this location and got overlooked.32
25. The Antenna Survey Registration (“ASR”) referenced in GLCB’s Response indicate that 
the existing tower from which WJKQ allegedly operated for a brief time is located at 42-16-29 NL, 84-
21-36 WL.  This is approximately 0.3 kilometers from the site specified in the WJKQ construction 
permit.
26. Elsewhere in its Response, GLCB provides further information about WJKQ’s 
operations:
WJKQ has been on the air continuously since May 19, 2008.  Prior to 
this date, the station had operated only sporadically since 2006.33
  
30 LOI at Ex. C.  The other Rule violations were similar to those identified in the inspection of WAAQ.  See n. 18 
supra.
31 LOI at 6 and Ex. C.
32 Response at 6.  The Response includes a request for grant of the pending application for consent to assign the 
license for WJKQ to SAID, Mr. Schaberg’s foundation (file no. BALED-20080623ABG).  Jackson has filed a 
Petition to Deny that application, and GLCB’s Response included an opposition to that Petition to Deny.  The 
outcome of this assignment application will be addressed in the HDO. 
33 Response at 24.
Federal Communications Commission DA 09-1372
9
WJKQ has been restored to operation at the coordinates shown in the 
requested modification of construction permit that is on file with the 
Commission.34
27. Although the LOI specifically directed GLCB to provide documentation relating to the 
construction and operation of WJKQ,35 including engineering records, GLCB provided no documents to 
support its narrative or to indicate with specificity when the station was off the air.  At no time did GLCB 
request authority for the station to be silent.
28. Analysis. Based on our investigation, we find that:  (a) WJKQ never operated from the 
transmitter site authorized in its construction permit or its license;  (b) GLCB falsely certified in its 
license application for WJKQ that the station had been constructed in accordance with the terms and 
conditions of the construction permit; (c) the grant of the WJKQ license had become a final order prior to 
the filing of Jackson’s informal objection and complaint, which alleged operation of WJKQ from an 
unauthorized site; (d) after receiving the WJKQ license, GLCB moved the station’s transmitter site 
without prior approval; (e) GLCB committed multiple Rule violations in its operation of the station, as 
shown in the Enforcement Bureau’s report;36 and (f) WJKQ may have been off the air without 
Commission approval for more than a year.
29. The matter of GLCB’s character qualifications will be addressed in the HDO, as part of 
the issue of whether the company’s remaining authorizations should be revoked.  The HDO will also 
address the question of whether WJKQ was off the air for more than a year and, if so, whether the 
station’s license should be extended or reinstated pursuant to Section 312(g) of the Act.37
D.  WJCQ(FM), Jackson, Michigan
30. Background. GLCB applied for and received a construction permit for an NCE-FM 
station on 89.7 MHz at Jackson, Michigan.  The permit for the station, for which GLCB chose the call 
sign WJCQ, was issued on December 13, 2004, and contained an expiration date of December 13, 2007.  
Like the permits discussed above, the permit stated:  “[T]his construction permit will be subject to 
automatic forfeiture unless construction is complete and an application for license to cover is filed prior to 
expiration.  See Section 73.3598.”38
31. On June 7, 2005, GLCB filed an application for license for the station.39 That license 
application, signed by Dr. McCluskey as Owner/President/CEO of GLCB and as GLCB’s consulting 
engineer, certified that the station was operating pursuant to program test authority and that all terms, 
conditions, and obligations set forth in the underlying construction permit had been fully met.
  
34 Id. at 26 (Affidavit of David C. Schaberg).
35 LOI at 6.
36 See LOI, Ex. C.
37 47 U.S.C. § 312(g); see Eagle Broadcasting Group, Ltd. v. FCC, 563 F.3d 543, 545 (D.C. Cir. 2009) (affirming 
Commission’s determination that station’s broadcast license had expired pursuant to Section 312(g) of the Act, due 
to its failure to broadcast for one year); A-O Broadcasting Corp., Memorandum Opinion and Order, 23 FCC Rcd 
603, 603 (2008) (affirming staff decision that station’s license had expired as a matter of law due to the station’s 
failure to broadcast for one year). 
38 FCC Form 351A (file no. BPED-19981224MB).
39 Application on FCC Form 302-FM (file no. BLED-20050607ACR).
Federal Communications Commission DA 09-1372
10
32. Jackson filed an informal objection in 2005 and then a complaint in 2006, alleging that 
WJCQ had been constructed at an unauthorized location.40 The complaint included a sworn declaration 
and related documentation to the effect that no tower, building or power source existed at WJCQ’s 
authorized site and that the station was operating from an unauthorized site (the Colonial Inn on Ann 
Arbor Road) approximately one kilometer from the authorized site.  On February 15, 2006, 
representatives from the Enforcement Bureau monitored and located WJCQ with direction-finding 
equipment.  They found the station to be operating from the Colonial Inn site, with possible commercial 
content.41
33. In the LOI, the Audio Division directed GLCB to explain whether its license application 
for WJCQ was false in light of the findings of the Enforcement Bureau.42 In its Response, GLCB states:
The original [WJCQ] construction permit was obtained for a site 
just west of Sergeant Road and north of I-94 to the northeast of Jackson.  
The site had been checked and the location prepared.  A few small 
sections of communications tower were in place when township officials 
decided that [GLCB] could not build a permanent structure there. . . .
[Dr. McCluskey] then contacted local businesses to find a 
suitable location to put the station’s transmitter nearby while finding 
another permanent location.  He found a willing partner at the Colonial 
Motel located on Ann Arbor Road at the south end of Sergeant Road.  
However, this site offered a very low transmission point on a sign in the 
rear of the facility.  Nonetheless, the equipment was installed and 
broadcasts commenced.
[Dr. McCluskey] admits to his failure to do either of the 
following:  Obtain an STA [special temporary authority] to operate 
temporarily and/or to file a modification of license for a new 
construction permit. . . .
The station went silent before [Dr. McCluskey] left for Texas 
early in 2007 and remains [silent].43
34. Analysis. Based on the Commission’s investigation, we find that:  (a) WJCQ never 
operated from the transmitter site authorized in its construction permit; (b) GLCB falsely certified in its 
license application for WJCQ that the station had been constructed in accordance with the terms and 
conditions set forth in the construction permit; and (c) WJCQ has been silent since early 2007.44 The 
matter of GLCB’s character qualifications will be addressed in the HDO, rather than here, as part of the 
issue of whether the company’s remaining authorizations should be revoked pursuant to Section 312(a) of 
  
40 “Informal Objection” (April 29, 2005) and “Complaint of Violation of FCC Rules and Request for Immediate 
Revocation of Operating Authority” (August 17, 2006).  On February 18, 2005, GLCB filed an application to 
modify the WJCQ construction permit.  FCC Form 340 (file no. BMPED-20050218AAO).  The Audio Division 
dismissed that application on June 16, 2005.
41 LOI, Ex. D.
42 Id. at 6 and Ex. D.
43 Response at 7-8.
44 See LOI, Ex. D, and GLCB’s Response at 7-8.
Federal Communications Commission DA 09-1372
11
the Act.45 For purposes of this decision, the most salient fact is that WJCQ was never constructed in 
accordance with the construction permit.  As we stated above, Commission precedent makes it clear that 
construction with unauthorized facilities does not override the “automatic forfeiture” provision in our 
Rules.46 Accordingly, the WJCQ construction permit was forfeited as of December 13, 2007.  We will 
delete the WJCQ call sign and dismiss all pending applications for WJCQ.  
E.  WPQZ(FM), Muskegon, Michigan
35. Background. In 1996, American Family Association (“AFA”) applied for and received 
a construction permit for a proposed NCE-FM station on 88.1 MHz at Muskegon, Michigan.47 The 
application stated that the station, for which AFA chose the call sign WPQZ, would operate from the 
same tower as WMRR(FM), Muskegon Heights, Michigan.48 WMRR operates from a tower (ASR 
1000809) located at 43-16-38 NL, 86-20-05 WL, with an overall height above ground level of 152 meters 
(the “Clear Channel Tower”).
36. The WPQZ permit, issued on June 12, 2000, provided for operation from the Clear 
Channel Tower, with a radiation center 99 meters above ground level and effective radiated power of 580 
watts.  The permit contained an expiration date of June 12, 2003, and, like the others discussed herein, 
stated:  “[T]his construction permit will be subject to automatic forfeiture unless construction is complete 
and an application for license to cover is filed prior to expiration.  See Section 73.3598.”49 In 2002, AFA 
and GLBA applied for and received Commission approval for consent to assign the construction permit 
for WPQZ to GLBA.  That assignment was consummated on January 13, 2003.50
37. GLBA filed a license application for WPQZ on May 20, 2003, certifying that the station 
was operating pursuant to program test authority and that all terms, conditions, and obligations set forth in 
the underlying construction permit had been fully met.51 That application was signed by Dr. McCluskey 
as the President and owner of GLBA and as its consulting engineer.
38. On June 13, 2003, Grand Rapids Cable Access Center (“GRCAC”), licensee of 
WYCE(FM), Wyoming, Michigan, filed a petition to dismiss the WPQZ license application and an 
application based on the presumed forfeiture of the WPQZ construction permit.52 GRCAC provided 
sworn declarations and documentary evidence showing that WPQZ was not on the air and that no 
construction activity for the station had occurred at the Clear Channel Tower site.
39. On July 30, 2003, the Audio Division directed GLBA to respond to the GRCAC Petition.  
In a letter filed with the Commission on August 25, 2003, GLBA states:
  
45 47 U.S.C. § 312(a).
46 See 47 C.F.R. § 73.3598(e) and n. 25 supra.
47 Application on FCC Form 340 (file no. BPED-19960502MD).
48 Id. at 2.
49 FCC Form 351A (file no. BPED-19960502MD).
50 Application on FCC Form 314 (file no. BAPED-20021016AAG).
51 Application on FCC Form 302-FM (file no. BLED-20030520AAB).
52 “Petition to Dismiss License Application and Delete Call Sign” (June 13, 2003) (“GRCAC Petition”) and 
Application on FCC Form 340 (file no. BPED-20030613AAM).
Federal Communications Commission DA 09-1372
12
Contrary to [GRCAC’s] allegations, the above-referenced station was 
constructed on May 12, 2003 and made operational at that time.  
Application for license to cover was filed electronically on 20 May, 
2003.
The station experienced technical difficulty with it’s [sic] final amplifier 
which was removed from service on May 22, 2003.53
40. In a letter filed with the Commission on September 15, 2003, GLBA requested additional 
time to file additional material in response to the GRCAC Petition.54 On October 8, 2003, GLBA 
submitted a letter with several attached documents addressing the claims in the GRCAC Petition.55 In 
particular, GLBA provides an unsworn statement from David J. Bishop, who stated:
Please be advised that Dr. McCluskey, on behalf of [GLBA] and station 
WPQZ-FM here in Muskegon, Michigan has paid rent for tower space on 
the tower that I own.  The rent has been paid through the summer and is 
presently current.
I personally witnessed the coordinates on Dr. McCluskey’s GPS to 
match the reading of 43º 16’ 38.00” N Latitude and 86º 20’ 5.000” W 
Longitude as indicated on the construction permit.  WPQZ was put on 
the air at full power May 12, 2003.
41. In the GRCAC Reply, GRCAC provides sworn statements and documentary evidence 
showing that, as of September 18, 2003, GLBA had started operating WPQZ with a fiberglass whip 
antenna at Mr. Bishop’s house near the Clear Channel Tower.  Most significantly, Mr. Bishop provided to 
GRCAC a sworn declaration stating:
I am David J. Bishop.  I reside at 3821 West Giles, Muskegon, Michigan 
49445.  Located next to my house is a tower, approximately 40 feet in 
height.
I rent space on the tower to Dr. James McCluskey and Great Lakes 
Broadcast Academy, Inc. to operate an FM station on 88.1 mHz.  I am 
  
53 Letter from James J. McCluskey to Secretary of FCC (dated Aug. 14, 2003).  The letter inexplicably referred to 
the station as “WMCQ formerly WPQZ” and contained an incorrect facility identification number and incorrect file 
numbers for the original construction permit and the pending license application.
54 Letter from James J. McCluskey to Secretary of FCC (dated Sep. 4, 2003).
55 Letter from James J. McCluskey to Secretary of FCC (dated Sep. 27, 2003).  The attachments all were unsworn 
letters or emails.  A letter from Pat Schulte of Thumb Radio states that he had done some tower work for Dr. 
McCluskey in the spring of 2003, but it does not specify the station or location or date of the work.  An email from 
Scott Quitadamo, Director of Vertical Real Estate for Clear Channel, appears to indicate that the construction permit 
site for WPQZ is not the Clear Channel Tower site, but the email is directed to a Robert E. Goodrich and it does not 
specify a file number or other specific identifying information.  A letter from Mr. Schaberg provides vague claims 
such as “the equipment that was used all was within the parameters of the station’s authorization” instead of specific 
assertions that the station had been constructed at the Clear Channel Tower site, within the deadline set by the 
construction permit, in compliance with the terms of the construction permit.  In addition, some of these documents 
were altered in significant respects in the version of the filing sent to GRCAC.  See GRCAC “Reply” (Oct. 16, 
2003) (“GRCAC Reply”) at Ex. D and Ex. E.
Federal Communications Commission DA 09-1372
13
being paid $25.00 a month for space on the tower and space in my home 
for the station’s transmitter, a computer and a few pieces of additional 
equipment.  Attached to this statement are photographs of my home, the 
tower next to my home and the station’s equipment in my home.
On approximately September 18, 2003, Dr. McCluskey presented to me, 
for my signature, a statement regarding WPQZ.  Although I signed the 
statement, I did not write it.  The statement said, among other [things], 
“WPQZ was put on the air at full power on May 12, 2003.”
On further recollection, the May 12 date is not accurate.  The station’s 
equipment was not installed until late June or early July.  It is my 
understanding that the station began broadcasting on September 18, 
2003.  It is also my understanding that the station is broadcasting at 10 
watts.56
42. By letter dated November 5, 2003, GLBA responded to the GRCAC Reply.  GLBA 
states:
The icy and cold winter months in Michigan are [inclement] and not 
conducive to tower climbing.  Because of weather conditions, GLBA 
only had about two months (as compared with 36 months) to complete 
construction of WPQZ-FM.  Despite this, construction was completed 
within the required time.  The Commission does not grant extensions to 
construction permits as a matter of policy. . . .
However, close examination of the coordinates in the reply filed by 
“GRCAC” have challenged us to further investigate this discrepancy 
ourselves.  As evidenced by the e-mail we received from Scott 
Quitadamo of Clear Channel Broadcasting, Inc., he told us the WMRR 
tower did not match those coordinates.  Our GPS unit indicated the 
correct coordinates to be at the tower next to the house at 3821 Giles 
road in Muskegon.
After further investigation, we have determined by using a different GPS 
unit that the information supplied in Mr. Quitadamo’s e-mail message to 
us, as well as our own GPS unit were both in error.
To rectify this compounding of errors, we hereby request an extension to 
file a corrective amendment for WPQZ.57
43. On November 20, 2003, representatives of the Enforcement Bureau conducted an 
inspection and found that WPQZ had been constructed at an unauthorized location, with the wrong 
antenna and antenna height, and apparently the wrong power level, before being dismantled.58
  
56 GRCAC Reply, Ex. H.  GRCAC showed that the coordinates of Mr. Bishop’s home are 43-16-39 N, 86-20-11 W.
57 Letter from Dr. McCluskey to Secretary of FCC (dated Nov. 5, 2003).
58 LOI at Ex. E.  They also noted other Rule violations, including lack of a main studio and lack of a public 
inspection file.
Federal Communications Commission DA 09-1372
14
44. On June 10, 2004, GLBA filed a modification application for WPQZ, proposing 
operation on an existing tower owned by SBA Towers II LLC (“SBA”).59 That tower is located at 43-16-
38 NL, 86-18-39 WL.  The application proposes operation with a radiation center located 33 meters above 
ground level.
45. In its LOI, the Audio Division directed GLBA to explain whether the WPQZ license 
application was false in light of the Enforcement Bureau’s findings.60 GLBA, in its Response, provided a 
new explanation that completely contradicted its prior explanation:
When [GLBA] acquired the construction permit from American 
Family Association, there was about 6 months left to construct.  SBA 
Towers owned the authorized tower and [Dr. McCluskey] did not realize 
that it was SBA instead of Clear Channel who owns a tower very close 
by (1.94 km due east of CP site).  It was Clear Channel with whom [Dr. 
McCluskey] made his agreement and constructed on that tower, again 
not realizing that it was the wrong tower.
Again, [Dr. McCluskey] constructed the facility according to 
what he believed to be accurate information. . . . [GRCAC’s] objection 
caused the inspection of November 20, 2003.  However, before the 
inspection, the station was “dismantled” and off the air, thus not 
operating from an “unauthorized” location.
The application of June, 2004, is for the correct site on the SBA 
tower (ASR 1251334).  This would correct the “improper construction”.  
The station has not operated since late summer of 2003. . . .
46. GLBA provided no documentation, such as a tower lease, to support its claim that the 
station was constructed on a tower owned by Clear Channel.  The LOI specifically directed GLBA to 
provide all such documentation.61 GLBA did not provide any support for its claim that SBA rather than 
Clear Channel owns the tower at the authorized WPQZ coordinates.  GLBA also did not explain the 
discrepancy between its Response and its prior claim that it had constructed the station on Mr. Bishop’s 
tower rather than the Clear Channel Tower.
47. After reviewing GLBA’s Response, the Audio Division made an inquiry to determine 
whether Clear Channel had ever leased space on the Clear Channel Tower or any other tower owned by 
the company in the area of the Clear Channel Tower to GLBA or Dr. McCluskey.  Clear Channel reported 
that it had no knowledge of any noncommercial educational station operating at any time from 2003 to 
the present on any of its towers in the Muskegon area.  A review of Clear Channel’s records, maintained 
by the company’s Director of Vertical Real Estate, showed no record of any agreement or even 
incomplete negotiation for WPQZ to use the Clear Channel Tower.62  
  
59 Application on FCC Form 340 (file no. BMPED-20040610AAX).
60 LOI at 6-7 and Ex. E.
61 Id. at 6-7.
62 Email from Richard Bodorff to Tom Hutton (May 21, 2009).
Federal Communications Commission DA 09-1372
15
48. Analysis. Based on the Commission’s investigation, we find that:  (a) GLBA never 
constructed WPQZ at its authorized site; (b) GLBA could not have constructed WPQZ in accordance with 
its construction permit from Mr. Bishop’s house; (c) to the extent it operated WPQZ, GLBA did so from 
an unauthorized location, with multiple Rule violations noted by the Enforcement Bureau; (d) GLBA 
falsely certified in its license application for WPQZ that the station had been constructed in accordance 
with the construction permit; (e) GLBA provided false, misleading and contradictory explanations of its 
construction and operation of WPQZ; and (f) WPQZ has been off the air without Commission 
authorization for nearly six years.
49. The matter of GLCB’s character qualifications will be addressed in the HDO, rather than 
here, as part of the issue of whether the company’s remaining authorizations should be revoked pursuant 
to Section 312(a) of the Act.63 For purposes of this decision, the most salient fact is that WPQZ was 
never constructed in accordance with its construction permit.  Commission precedent makes it clear that 
construction with unauthorized facilities does not override the “automatic forfeiture” provision of our 
Rules.64 Accordingly, the WPQZ construction permit was forfeited as of June 12, 2003.  We will delete 
the WPQZ call sign and dismiss all pending applications for WPQZ.
F.  W220CW, Rogers Heights, Michigan
50. Background. This FM translator is licensed to GLCB to operate on 91.9 MHz at Rogers 
Heights, Michigan.  All relevant applications for this translator state that the primary station being 
rebroadcast is WAAQ(FM), Rogers Heights, Michigan (Fac. ID 90609).  In 2002, GLCB received a 
construction permit to modify the translator station to operate from 43-38-01 NL, 85-27-54 WL, with a 
circularly polarized antenna located 30 meters above ground level.65 Like the other permits discussed 
herein, this permit contains automatic expiration language pursuant to Section 73.3598(e) of the Rules, 
providing that the permit would expire unless construction was completed and an application for license 
was filed by July 30, 2005.  In 2004, GLCB filed a license application, certifying that all terms, 
conditions, and obligations set forth in the construction permit had been fully met.66
51. The Mentor Objection, filed on November 7, 2005, provided a sworn declaration and 
related documentation indicating that W220CW was in operation from an unauthorized site with a 
vertically polarized antenna instead of a circularly polarized antenna.  Mentor noted that this antenna 
switch allowed the station to operate with four times the authorized power in one polarization.  Mentor 
also noted that the station was rebroadcasting WAQQ(FM) (formerly WAAQ(FM)), Onsted, Michigan 
(Fac. ID 93742), instead of WAAQ(FM), Rogers Heights, Michigan.67
52. On May 24 and 25, 2006, representatives of the Enforcement Bureau inspected the 
station, but the absence of a GLCB representative prevented them from conducting a complete inspection 
of the power and equipment.  The Enforcement Bureau’s report does not mention operation from the 
wrong coordinates, but it notes that W220CW was operating with a vertically polarized antenna from a 
height of 24.8 meters above ground level and that the licensee failed to post its name and contact 
information at the site pursuant to Section 74.1265(b) of the Rules.68
  
63 47 U.S.C. § 312(a).
64 See 47 C.F.R. § 73.3598(e) and n. 25 supra.
65 FCC Form 351A (file no. BPFT-20010627AAV).  
66 Application on FCC Form 350 (file no. BLFT-20040217ABX (granted Apr. 5, 2004)).
67 Mentor Objection at 3-4.
68 LOI at Ex. F; see 47 C.F.R. § 74.1265(b).
Federal Communications Commission DA 09-1372
16
53. The LOI directed GLCB to explain the basis for the certifications in the W220CW license 
application in light of the Enforcement Bureau’s report.69 GLCB stated:
The issue of improper antenna use is because the circular 
antenna which was planned to be used proved to be defective and the 
only other available antenna at the time was a vertical.  It was meant to 
be changed as soon as a proper antenna could be acquired.
It should here be noted that, from looking at the coordinates 
listed for WAAQ, W220CW and W206BF, all of which are to be located 
on the same tower, that there is a significant discrepancy between the 
coordinates.  While the issue with WAAQ was addressed above, seeing 
these other two sets of coordinates had made [Dr. McCluskey] check his 
GPS units as they were used to determine coordinates for each station at 
different times and it is apparent that [Dr. McCluskey] received different 
readings each time he used GPS to determine what he believed to be the 
proper location.
To the best of present belief and knowledge, the correct 
coordinates for all three stations should be 43 37 58 n by 85 27 58 w.
[Dr. McCluskey] states that, at no time, did this facility operate 
with power and [effective radiated power] greater than those authorized 
in its license, but does admit the failure to post per 74.1265(b).
Further, the listing of WAAQ as the primary station for this 
translator was a short-term, temporary measure until service from 
WAQQ could be resolved (it was a distribution of service problem).70
54. Analysis. Based on the Commission’s investigation, we find that:  (a) W220CW does 
not and never has operated in accordance with its most recent construction permit; (b) GLCB filed in 
2004 a license application in which it falsely certified that the terms, conditions and obligations set forth 
in the Station W220CW construction permit had been fully met71; and (c) to the Commission’s 
knowledge, GLCB has never corrected any of the Rule violations noted by the Enforcement Bureau.72
55. The matter of GLCB’s character qualifications will be addressed in the HDO, as part of 
the issue of whether the company’s remaining authorizations, including W220CW, should be revoked 
pursuant to Section 312(a) of the Act.  GLCB will be given a further opportunity to address these issues 
in that proceeding.73  
  
69 LOI at 7 and Ex. F.
70 Response at 11.
71 We note that grant of the license application became a final order prior to the Commission receiving information 
regarding the station’s rule violations.  Although the Commission has no authority to reconsider or review this now 
final action, these violations also will be considered in the forthcoming HDO.
72 See LOI at Ex. F; 47 C.F.R. §§ 1265(b), 1284(b).  We note that even the most recent modification application for 
W220CW, dismissed in 2008, did not list the correct coordinates for the station’s translator site.  Application on 
FCC Form 349 (file no. BPFT-20080616ADL).
73 See 47 U.S.C. § 312(c).
Federal Communications Commission DA 09-1372
17
G.  W206BF, Rogers Heights, Michigan
56. Background. This FM translator is licensed to GLBA.  GLBA’s construction permit 
application, granted in 2000, proposed operation from 43-37-58 NL, 85-27-53 WL, with a vertically 
polarized antenna 30 meters above ground level.74 After receiving that permit, GLBA applied for a 
license, certifying that all terms, conditions, and obligations set forth in the underlying construction 
permit had been fully met.75 The station has been authorized to operate at that location since GLBA 
received the license in 2000.  GLBA subsequently filed modification applications in 2001 and 2006, and 
those applications were both granted, but no license has been issued for either of those construction 
permits.76 The latter construction permit provides for operation from the same location as the license 
granted in 2000.  In 2007, GLBA filed an application for license, certifying that all terms, conditions, and 
obligations set forth in the underlying construction permit had been fully met.77
57. The Mentor Objection raised questions as to whether W206BF had been constructed in 
accordance with its construction permit.  On May 24 and 25, 2006, representatives of the Enforcement 
Bureau inspected the station, but the absence of a GLBA representative prevented them from conducting 
a full inspection.  They noted that the station could not have been constructed at the licensed location 
because it is under water.  They found the station not to be operating, but noted that a circularly polarized 
antenna for the station appeared to be collocated with the W220CW antenna, at 16.8 meters above ground 
level.  They noted the failure to post the licensee’s name and contact information pursuant to Section 
73.1625(b) of the Commission’s rules.78
58. The LOI directed GLBA to explain the certification in the 2000 license application for 
the station in light of the Enforcement Bureau’s findings.79 GLBA states:
Some of the issues relating to this translator are addressed [in the 
response involving W220CW], above.
However, to clarify the antenna issue, W206BF was operated 
with circular polarization.  The height was below authorized as was the 
case for W220CW because of tower height restrictions placed by the 
local authorities.  [Dr. McCluskey] admits that he should have filed 
amending permit applications for both stations.
[Dr. McCluskey] further states that at no time did W206BF 
operate with power and [effective radiated power] greater than those 
authorized but does admit to the failure to post per 74.1265(b).
59. Analysis. Based on the Commission’s investigation, we find that:  (a) W206BF was 
never constructed at its authorized transmitter site; (b) GLBA filed in 2000 a license application in which 
it falsely certified that all terms, conditions, and obligations set forth in the W206BF construction permit 
  
74 Application on FCC Form 349 (file no. BPFT-19990818TB).
75 Application on FCC Form 350 (file no. BLFT-20000626AEQ (granted Sept. 25, 2000)).
76 Applications on FCC Form 349 (file nos. BPFT-20010627AAU and BPFT-20061127AFB).
77 Application on FCC Form 350 (file no. BLFT-20070124AJO).
78 LOI, Ex. G; see 47 C.F.R. § 74.1625(b).
79 LOI at 7-8 and Ex. G.
Federal Communications Commission DA 09-1372
18
had been fully met.  However, grant of that application has become a final order;80 and (c) to the 
Commission’s knowledge, GLBA has never corrected any of the Rule violations noted by the 
Enforcement Bureau.
60. The matter of GLBA’s character qualifications will be addressed in the HDO, as part of 
the issue of whether the company’s remaining authorizations, including W206BF, should be revoked 
pursuant to Section 312(a) of the Act.  GLBA will be given a further opportunity to address these issues 
in that proceeding.81
H.  W207BL, Pinnebog, Michigan
61. Background. GLCB applied for and received a construction permit for this FM 
translator in 2000.  That permit authorized construction of the station at 43-52-55 NL, 83-04-30 WL, with 
an antenna located 59 meters above ground level.82 On June 25, 2003, GLCB filed a license application 
for the station, certifying that all terms, conditions, and obligations set forth in the construction permit had 
been fully met.83 That application was signed by Dr. McCluskey as President and owner of GLCB and as 
GLCB’s consulting engineer.  The Audio Division granted the license application on June 25, 2003.
62. Representatives of the Enforcement Bureau inspected the licensed location on September 
20, 2006.  They found an empty field at the licensed site for the station.  They saw no evidence that the 
station was ever constructed in accordance with the construction permit.  They did note a cellular tower 
located approximately 0.7 miles from the site.84
63. The LOI directed GLCB to explain whether its license application was false in light of 
the findings of the Enforcement Bureau.85 In its Response, GLCB states:
This translator was to be on the referred-to private tower slightly 
west of the licensed coordinates.  When the original application (and 
subsequent license renewal) of this facility were granted, [Dr. 
McCluskey] thought that the station was at the stated location and had no 
reason to believe otherwise, having plotted the site on a USGS Quad map 
for the initial filing.  At that time, on-line site verification and other 
internet resources were not available to [Dr. McCluskey] which might 
have shown the error.
The station was removed in late summer 2006 pending the 
ability to find a new transmitter location.86
64. GLCB’s Response provided no tower site lease or other documentation that the station 
actually was constructed.  The LOI specifically directed GLCB to provide such documentation.87
  
80 The Commission has no authority to reconsider or review this now final action.
81 See 47 U.S.C. § 312(c).
82 FCC Form 351A (file no. BMPFT-20000328ABV).
83 Application on FCC Form 350 (file no. BLFT-20030508ACY).
84 LOI, Ex. H.
85 LOI at 8 and Ex. H.
86 Response at 12.
87 LOI at 8.
Federal Communications Commission DA 09-1372
19
65. Analysis. Based on the Commission’s investigation, we find that:  (a) W207BL never 
operated in accordance with its construction permit or license; (b) GLCB filed in 2003 a license 
application in which it falsely certified that all terms, conditions and obligations set forth in the W207BL 
construction permit had been fully met88; and (c) W207BL has been off the air for nearly three years.
66. The matter of GLCB’s character qualifications will be addressed in the HDO, as part of 
the issue of whether the company’s remaining authorizations should be revoked.  Pursuant to Section 
312(g) of the Act, we find that the W207BL license has expired.89 Based on GLCB’s admitted failure to 
construct the station at the authorized site and its failure to seek or obtain approval to have the station off 
the air, we find that reinstatement of the station’s license would not promote equity or fairness.  We will 
delete the W207BL call sign and dismiss all pending applications for the station.
I.  W211BI, Ann Arbor, Michigan
67. Background. GLBA applied for a construction permit for this FM translator station in 
1999, proposing to construct the station at 42-16-55 NL, 83-44-35 WL, with an antenna located 4 meters 
above ground level.90 The Commission issued the construction permit for W211BI on May 19, 2000.  In 
2002, GLBA filed a license application for W211BI, certifying that all terms, conditions, and obligations 
set forth in the construction permit had been fully met.91 The Audio Division granted that application in 
2002.
68. On February 1, 2006, representatives of the Enforcement Bureau inspected the licensed 
location.  They found no tower or antenna there and no indication that the station was ever constructed 
there.92
69. In the LOI, the Audio Division directed GLBA to explain whether its license application 
for W211BI was false in light of the findings of the Enforcement Bureau.93 In its Response, GLBA 
states:
This translator was originally located on a private parking lot 
lighting pole in a parking lot in downtown Ann Arbor.  At the end of the 
school year in 2005, [Dr. McCluskey] was notified he could no longer 
use the site.  The equipment was removed and is presently stored.94
70. GLBA provided no site lease or other documentation indicating that the station actually 
was constructed.  The LOI specifically directed GLBA to provide such documentation.95
71. Analysis. Based on the Commission’s investigation, we find that W211BI has been off 
the air for approximately four years without Commission approval.  Pursuant to Section 312(g) of the 
  
88 We note that grant of that application has become a final order.  
89 See n. 36 supra.
90 Application on FCC Form 349 (file no. BPFT-19990823TH).
91 Application on FCC Form 350 (file no. BLFT-20021018AAQ).
92 LOI at Ex. I.
93 Id. at 8 and Ex. I.
94 Response at 12.
95 LOI at 8.
Federal Communications Commission DA 09-1372
20
Act, we find that the W211BI license has expired.96 Based on GLBA’s failure to seek or obtain approval 
to have the station off the air, we find that reinstatement of the station’s license would not promote equity 
or fairness.  We will delete the W211BI call sign.
J.  W206AZ, Fremont, Michigan
72. Background. GLCB applied for and received a construction permit for this FM 
translator in 1999.  The application proposed construction of the station at 43-30-20 NL, 85-54-10 WL, 
with an antenna located 5 meters above ground level.97 The construction permit was issued on November 
2, 1999, and contained an expiration date of November 2, 2002.  Like the other permits discussed above, 
the permit stated:  “[T]his construction permit will be subject to automatic forfeiture unless construction 
is complete and an application for license to cover is filed prior to expiration.  See Section 73.3598.”98
73. GLCB filed a license application on May 8, 2003, after the expiration of the construction 
permit.  The license application, signed by Dr. McCluskey as President and owner and as GLCB’s 
consulting engineer, certified that all terms, conditions, and obligations set forth in the underlying 
construction permit were fully met.99 The Audio Division granted a license for W206AZ on June 25, 
2003.
74. On November 17, 2003, GLCB filed an application for a construction permit to modify 
W206AZ.100 That construction permit was issued on February 4, 2004 and expired on February 4, 
2007.101 On March 9, 2007, GLCB filed a license application, certifying that the station had been 
constructed in accordance with the construction permit.102
75. On May 24, 2006, representatives of the Enforcement Bureau inspected the licensed site 
for W206AZ.  They found no tower or antenna at the licensed site, which was on the grounds of a resort 
called “The Shack.”  Their monitoring found no operation of the translator in the area.  There was no 
indication the station ever had been constructed.103
76. The LOI directed GLCB to explain whether its license application was false in light of 
the findings of the Enforcement Bureau.104 In its Response, GLCB states:
This translator was built in a timely manner at the original 
location using a temporary crank-up tower so that it could become 
licensed before the expiration of the construction permit.  However, [Dr. 
McCluskey] acknowledges to a late filing of the license application 
(which was subsequently granted).  Before being able to permanently 
  
96 See n. 36 supra.
97 Application on FCC Form 349 (file no. BPFT-19990311TB).
98 FCC Form 351A (file no. BPFT-19990311TE).
99 Application on FCC Form 350 (file no. BLFT-20030508ABN).
100 Application on FCC Form 349 (file no. BPFT-20031117AAC).
101 The construction permit contained the same automatic forfeiture language contained in the original construction 
permit.  FCC Form 351A (file no. BPFT-20031117AAC).
102 Application on FCC Form 350 (file no. BLFT-20070309ABI).
103 LOI, Ex. J.
104 Id. at 9-10 and Ex. J.
Federal Communications Commission DA 09-1372
21
place a tower, he obtained another site at the Shack in Jugville and filed 
an amendment.
The coordinates were obtained from USGS Quad maps but not 
verified on the ground.  Review for this response indicates that they were 
incorrect.  Therefore, when the inspector looked in May of 2006, he 
would not have seen the actual construction because of the densely 
wooded area.  The actual site became the side of the structure about 100 
feet south of the coordinates listed.  The station operated from there until 
the structure and the station were struck by lightning.  The equipment has 
been removed but the antenna should still be located on the structure 
unless the owner has removed it.105
77. Analysis. Based on the Commission’s investigation, we find that:  (a) W206AZ never 
operated in accordance with its original construction permit or license; (b) GLCB filed in 2003 a license 
application in which it falsely certified that all the terms, conditions and obligations set forth in the 
W206AZ construction permit had been met106; (c) the subsequent construction permit for W206AZ 
automatically expired on February 4, 2007; and (d) the station has been off the air, without Commission 
approval, for an unknown period of time.
78. The matter of GLCB’s character qualifications will be addressed in the HDO, as part of 
the issue of whether the company’s remaining authorizations should be revoked.  Pursuant to Section 
73.3598(e) of the Rules, we find that the most recent construction permit for W206AZ expired on 
February 4, 2007, and therefore the pending license application107 will be dismissed.  The question of how 
long W206AZ has been off the air and the applicability of Section 312(g) of the Act108 will be addressed 
in the HDO.
K.  W205BQ, Brevort, MI
79. Background. Our review of GLCB files in this matter shows that GLCB applied for a 
construction permit for this proposed FM translator station in 1999 and was granted that construction 
permit in 2000.109 Later in 2000, GLCB applied for and received a construction permit for a minor 
modification of the proposed station.110 The initial construction permit was set to expire on March 9, 
2003, and the minor modification construction permit stated:  “The authority granted herein has no effect 
on the expiration date of the underlying construction permit.”111 Both permits stated:  “[T]his 
construction permit will be subject to automatic forfeiture unless construction is complete and an 
application for license to cover is filed prior to expiration.”112 GLCB filed no license application for this 
proposed station.
  
105 Response at 13.
106 We note that grant of that application has become a final order.
107 Application on FCC Form 350 (file no. BLFT-20070309ABI).
108 47 U.S.C. § 312(g).
109 FCC Form 351A (file no. BPFT-19990823TG).
110 FCC Form 351A (file no. BMPFT-20000328ABW).
111 Id.
112 Id.
Federal Communications Commission DA 09-1372
22
80. Analysis. This construction permit expired on March 9, 2003, and was automatically 
forfeited as of that date.113 Accordingly, we will delete the call letters for the proposed station.
III. ORDERING CLAUSES
81. Accordingly, IT IS ORDERED that the construction permits for the following stations 
are found to have EXPIRED and been forfeited, with the result that the permittee must terminate all 
operations thereon, the associated call signs will be deleted and all pending applications relating to the 
construction permits will be dismissed:  (a) WQLO(FM), Lake Odessa, MI (Facility ID No. 106632); (b) 
WAAQ(FM), Rogers Heights, MI (Facility ID No. 90609); (c) WJCQ(FM), Jackson, MI (Facility ID No. 
92547); (d) WPQZ(FM), Muskegon, MI (Facility ID No. 81726); and (e) W205BQ, Brevort, MI (Facility 
ID No. 94126).
82. IT IS FURTHER ORDERED that the construction permit (FCC file number BPFT-
20031117AAC) issued on February 4, 2004 for W206AZ, Fremont, MI (Facility ID No. 92895) is found 
to have EXPIRED and been forfeited on February 4, 2007, with the result that the licensee must terminate 
all operations authorized pursuant to that construction permit and all pending applications relating to that 
construction permit will be dismissed.
83. IT IS FURTHER ORDERED that the following licenses are found to have EXPIRED, 
with the result that the licensee must terminate all operations thereon, the associated call signs will be 
deleted and all pending applications relating to the licenses will be dismissed:  (a) W207BL, Pinnebog, 
MI (Facility ID No. 94130); and (b) W211BI, Ann Arbor, MI (Facility ID No. 94125).
84. IT IS FURTHER ORDERED that the “Informal Objection and Request for Immediate 
Revocation of Operating Authority” and the “Informal Objection and Request to Revoke Program Test 
Authority” filed by Mentor Partners, Inc. ARE GRANTED to the extent indicated herein and ARE 
OTHERWISE DENIED.
85. IT IS FURTHER ORDERED that the “Informal Objection” and the “Complaint of 
Violation of FCC Rules and Request for Immediate Revocation of Operating Authority” filed by Jackson 
Radio Works, Inc. ARE GRANTED to the extent indicated herein and ARE OTHERWISE DENIED.
86. IT IS FURTHER ORDERED that the “Petition to Dismiss License Application and 
Delete Call Sign” and “Informal Objection” filed by Grand Rapids Cable Access Center ARE GRANTED 
to the extent indicated herein and ARE OTHERWISE DENIED.
87. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall 
be sent to Great Lakes Community Broadcasting, Inc., P.O. Box 334, Stanwood, MI 49346, and to Great 
Lakes Broadcast Academy, Inc., P.O. Box 334, Stanwood, MI 49346, with copies to Mentor Partners, 
Inc., 18720 16 Mile Road, Big Rapids, MI 49307, David D. Oxenford, Esq., Davis Wright Tremaine LLP, 
  
113 See 47 C.F.R. § 73.3598(e).
Federal Communications Commission DA 09-1372
23
1919 Pennsylvania Avenue, N.W., Suite 200, Washington, DC 20006, and Matthew H. McCormick, Esq., 
Fletcher Heald & Hildreth, P.L.C., 1300 North 17th Street, 11th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division
Media Bureau