DA 26-61 In Reply Refer to: 1800B3-BH Released: January 16, 2026 YAHWEH HTX c/o Isai Ibarra 3120 Pasadena Blvd Apt 95 Pasadena, TX 77503 info@xtremeforcewheels.com (sent by email) YAHWEH HTX c/o Dan J. Alpert 2120 21st Rd. N Arlington, VA 22201 dja@commlaw.tv (sent by email) In re: YAHWEH HTX New LPFM, Alvin, Texas Facility ID No. 788316 Application File No. 0000232982 Dear Applicant: We have before us the above-referenced application (Application) for a construction permit for a new low power FM (LPFM) station at Alvin, Texas, (Station), filed by YAHWEH HTX (YAHWEH). Application File No. 0000232982 (filed Dec. 14, 2023). For the reasons set forth below, we dismiss the Application. Background. YAHWEH filed the Application during the 2023 LPFM filing window. Media Bureau Announces Filing Procedures and Requirements for November 1 – November 8, 2023, Low Power FM Filing Window, Public Notice, 38 FCC Rcd 6660 (MB 2023) (Procedures Public Notice). Based on a request from LPFM advocates, the Bureau subsequently delayed the window until December 6, 2023. Media Bureau Announces Revised Dates for LPFM New Station Application Filing Window, Public Notice, 38 FCC Rcd 9589 (MB 2023). The Bureau subsequently extended the close of the window until December 15, 2023. Media Bureau Announces Extension of LPFM New Station Application Filing Window, Public Notice, 38 FCC Rcd 11882 (MB 2023). In the Application, YAHWEH certifies that it qualifies as local both because it is physically headquartered and has 75% of its board members residing within 10 miles of its proposed transmitting antenna site. Application, Legal Certifications Section, Community-Based Criteria questions. As discussed below, because the transmitter is located in the Houston-Galveston, Texas radio market, which is a top 50 urban market, either YAHWEH’s headquarters must be within 10 miles of the proposed site for the transmitting antenna, or, alternatively, 75% of YAHWEH’s board members must reside with 10 miles of the proposed site for the transmitting antenna in order for YAHWEH to be eligible to hold an LPFM authorization under the Commission’s Rules. 47 CFR § 73.853(b)(1), (2). The Application identifies the address of the Applicant as “3120 Pasadena Blvd Apt 95, Pasadena, TX 77503,” which it indicates is also the proposed main studio location for the Station. Application, Applicant Information; Point System Factors, Main Studio question. Based on images from Google Maps, the location appears to be a residential garden-apartment complex. The Application indicates further that one of the Applicant’s three directors also resides at this same address. Application, Parties to the Application. Discussion. We find that YAHWEH fails to meet the localism requirements of either sections 73.853(b)(1) or 73.853(b)(2) of the Rules. 47 CFR § 73.853(b)(1), (2). An LPFM applicant must qualify as a “local” entity at the time that it files its FCC Form 2100, Schedule 318 application (LPFM Application). See Instructions for LPFM Application, Legal Certifications, Eligibility Certifications, and Community-Based Criteria Certifications. See also LPFM Application, Legal Certifications, Eligibility Certifications, and Community-Based Criteria Certifications. In order to qualify as local, a nonprofit educational organization LPFM applicant, such as YAHWEH, will be deemed local if it can certify, at the time of filing its application, that either: (1) The applicant, its local chapter or branch is physically headquartered or has a campus within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; [or] 47 CFR § 73.853(b)(1). (2) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets . . . . Id. at § 73.853(b)(2). See also Creation of Low Power Radio Service, MM Docket No. 99-25, Report and Order, 15 FCC Rcd 2205, 2219, para. 33 (2000). Because YAHWEH’s proposed transmitter is located in the Houston-Galveston, Texas Nielsen Radio Metro Market, which is ranked number five among urban markets in the country, See The Nielsen Company (US) LLC, Radio Market Survey Population & Information, Fall 2025, at 2 (2025) https://www.nielsen.com/wp-content/uploads/sites/2/2025/09/redbook_fa25.pdf. Both Alvin, Texas, and the proposed antenna transmitter site are located in Brazoria County, Texas, which is part of the Houston-Galveston, Texas Radio Metro Market. See The Nielsen Company (US) LLC, 2023 Radio Metro Map https://www.worldradiohistory.com/Archive-Arbitron/Market-Maps/Nielsen-Radio-Market-Mape-Fall-2023.pdf . the headquarters of YAHWEH must be located, or 75% of its board members must reside, within 10 miles of the proposed site for the transmitting antenna. 47 CFR § 73.853(b). In the Application, YAHWEH certifies that it satisfies the local applicant criteria, claiming it has both its physical headquarters and 75% of its board members residing within 10 miles of its proposed transmitting antenna site. See Application at Legal Certifications, Community-Based Criteria Certifications. These certifications appears to be false. We find that YAHWEH does not satisfy either of the requirements of section 73.853(b). The transmitting antenna site that YAHWEH identifies in its Application is located at 29° 24' 37.5" N, 095° 11' 43.4" W. Application at Antenna Location Data Section, Coordinates question. We have confirmed that this site is 18.86 miles from 3120 Pasadena Blvd, Apt 95, Pasadena, Texas 77503, the address listed as YAHWEH’s headquarters and the proposed Station’s main studio, Application at Applicant Information Section; Point System Factors Section, Main Studio question (listing address of 3120 Pasadena Blvd, Apt 95, Pasadena, Texas 77503). and thus is beyond the 10-mile requirement specified in section 73.853(b)(1). In addition, the address listed as YAHWEH’s headquarters is also listed as the residence for one of its three directors, Isai Ibarra. Application at Parties to the Application Section (listing 3120 Pasadena Blvd, Apt 95, Pasadena, Texas 77503 as the address for Isai Ibarra). The remaining two directors, Maria Isable Pech Vicente and Eliseo Vicente, reside 27.37 miles and 29.35 miles away from the proposed transmitter site, respectively, meaning that none of the Applicant’s directors resides within 10 miles of the proposed transmitter site. Id. (listing 5601 Chimney Rock Road, Houston, Texas 77081 as the address for Maria Isabel Pech Vicente and 2235 Winrock Blvd, Houston, Texas 77057 as the address for Eliseo Vicente). Accordingly, we find that YAHWEH also fails to meet the eligibility requirement of section 73.853(b)(2), as 75% of the Applicant’s board members do not reside within 10 miles of the antenna transmitter site. Therefore, we conclude that YAHWEH does not qualify as local under section 73.853(b) of the Rules, despite its affirmative certifications. 47 CFR § 73.853(b). Accordingly, we find YAHWEH ineligible to hold an LPFM license and dismiss the Application. See, e.g., Bump FM Inc., Letter Order, DA 24-243, at 4 (MB Mar. 13, 2024). While we find YAHWEH to be ineligible to hold an LPFM authorization by virtue of its failure to meet the requirements of section 73.853, we note that the Applicant and/or the Application may have other deficiencies as well, such as the fact that YAHWEH appears to have forfeited its right to transact business in Texas for failure to pay taxes. Conclusion/Actions. For the reasons set forth above, IT IS ORDERED that the application for a construction permit for a new LPFM station at Spring, Texas, filed by YAHWEH HTX on December 14, 2023 (Application File No. 0000232982) IS DISMISSED pursuant to section 73.3566(a) of the Commission’s Rules. 47 CFR § 73.3566(a). Sincerely, Albert Shuldiner Chief, Audio Division Media Bureau