Federal Communications Commission Washington, D.C. 20554 June 13, 2013 DA 13-1358 In Reply Refer to: 1800B3-CEG Released: June 13, 2013 Stuart W. Nolan, Jr., Esq. LegalWorks Apostolate, PLLC 4 Family Life Lane Front Royal, VA 22630 Ernest T. Sanchez, Esq. The Sanchez Law Firm P.C. 2300 M Street, NW, Suite 800 Washington, D.C. 20037 Jeffrey D. Southmayd, Esq. Southmayd & Miller 4 Ocean Ridge Boulevard South Palm Coast, FL 32137 In re: WSFI(FM), Antioch, Illinois Facility ID No. 175700 File No. BMPED-20120620ABX Application for Minor Modification of Construction Permit Informal Objections Dear Counsel: On June 7, 2013, the Audio Division, Media Bureau released a letter decision granting the above- referenced application for a minor modification of the construction permit for noncommercial educational (“NCE”) FM Station WSFI(FM), Antioch, Illinois, filed by BVM Helping Hands (“BVM”) (“Modification Application”).1 The Letter Decision also denied two self-styled “petitions to deny” that we construed as informal objections:2 one filed on July 17, 2012, by Chicago Public Media and one filed on July 25, 2012, by Faith Evangelical Lutheran Church, and related pleadings.3 1 Stuart W. Nolan, Jr., Esq., Letter, DA 13-1333, Ref. No. 1800B3-CEG (rel. June 7, 2013) (“Letter Decision”). 2 Letter Decision at 1, n.1 (citing 47 C.F.R. § 73.3587). 3 On August 6, 2012, BVM filed a Consolidated Opposition to Petitions to Deny, and on August 17, 2012, Chicago Public Media filed a Reply. 2In accordance with the Commission's 2011 Order on Remand,4 the Modification Application is not grantable until BVM has completed the environmental review process through the Antenna Structure Registration (“ASR”) system. BVM’s ASR application, File No. A0831826, is currently on environmental national notice.5 Therefore, pursuant to Section 1.113(a) of the Commission’s Rules, we will set aside the June 7, 2013, grant of the Modification Application and return the Modification Application to pending status until the environmental review process is complete.6 Accordingly, IT IS ORDERED, that the June 7, 2013, Letter Decision granting the application for a minor modification of the construction permit for NCE FM Station WSFI(FM), Antioch, Illinois, filed by BVM Helping Hands (File No. BMPED-20120620ABX) IS HEREBY SET ASIDE and the Modification Application, along with all related pleadings, IS RETURNED TO PENDING STATUS. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau 4 National Environmental Policy Act Compliance for Proposed Tower Registrations, Effects of Communications Towers on Migratory Birds, Order on Remand, 26 FCC Rcd 16700 (2011). 5 A list of applications on environmental notice is available at https://wireless2.fcc.gov/ASR/service/nationalNoticeReport.faces. 6 47 C.F.R. § 1.113(a) (permitting the staff to set aside an action taken under delegated authority within 30 days of public notice of that action).