DA 26-64 In Reply Refer to: 1800B3-BH Released: January 16, 2026 USA Church in the Hills c/o Geovanni Velasquez 4330 W. Desert Inn Rd. Las Vegas, NV 89102 iccve23@gmail.com (sent by email) USA Church in the Hills c/o Dan J. Alpert 2120 21st Rd. N Arlington, VA 22201 dja@commlaw.tv (sent by email) In re: USA Church in the Hills New LPFM, Mt. Charleston, NV Facility ID No. 788631 Application File No. 0000233029 Dear Applicant: We have before us the above-referenced application (Application) for a construction permit for a new low power FM (LPFM) station at Mt. Charleston, Nevada, (Station), filed by USA Church in the Hills (USA Church). Application File No. 0000233029 (filed Dec. 15, 2023; amended Mar. 11, 2024). For the reasons set forth below, we dismiss the Application. Background. USA Church 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). USA Church subsequently amended the Application in March 2024; however, the only changes to the Application appear to be the removal of the name and contact information provided for reasonable site assurance and the uploading of a revised copy of the Applicant’s Certificate of Formation in the State of Texas. In the Application, as amended, USA Church 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 Las Vegas, Neveda radio market, which is a top 50 urban market, either USA Church’s headquarters must be within 10 miles of the proposed site for the transmitting antenna, or, alternatively, 75% of USA Church’s board members must reside with 10 miles of the proposed site for the transmitting antenna in order for USA Church 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 “4330 W. Desert Inn Rd., Las Vegas, NV 89102,” 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 light industrial area and possibly the location of a church by a different name. Discussion. We find that USA Church 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 USA Church, 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 USA Church’s proposed transmitter is located in the Las Vegas, Nevada Nielsen Radio Metro Market, which is ranked number 31 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 Mount Charleston, Nevada, and the proposed antenna transmitter site are located in Clark County, Nevada which is part of the Las Vegas, Nevada 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 USA Church 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, as amended, USA Church 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 USA Church does not satisfy either of the requirements of section 73.853(b). The transmitting antenna site that USA Church identifies in its Application is located at 36° 15' 28.0" N, 115° 38' 37.0" W. Application at Antenna Location Data Section, Coordinates question. We have confirmed that this site is 26.41 miles from 4330 W. Desert Inn Rd., Las Vegas, NV 89102, the address listed as USA Church’s headquarters and the Station’s proposed main studio, Application at Applicant Information Section; Point System Factors Section, Main Studio question (listing address of 4330 W. Desert Inn Rd., Las Vegas, NV 89102). and thus is beyond the 10-mile requirement specified in section 73.853(b)(1). We find further that the addresses for all three of USA Church’s directors are located over 1,200 miles away in Houston, Texas, and are not even local to the State of Nevada, let alone the community of Mt. Charleston. Specifically, Ascencion Almaguer resides 1,252.74 miles away; Geovanni Velasquez resides 1,245.67 miles away; and Esteban Virgen resides 1,240.59 miles away. Application at Parties to the Application Section (listing 4830 Richton St., Houston, TX 77098 as the address for Ascencion Almaguer; 2523 Honey Walnut Trail, Houston, TX 77098 as the address for Geovanni Valesquez; and 16162 Barbarossa Dr., Houston, TX 77083 as the address for Esteban Virgen). Thus, contrary to the Applicant’s certification in the Application, none of the Applicant’s directors resides within 10 miles of the proposed transmitter site. Accordingly, we find that USA Church 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 USA Church 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 USA Church 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 USA Church 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 none of the directors listed on the Application match the directors reflected on the Applicant’s Certificate of Formation in the State of Texas and that USA Church 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 Mt. Charleston, Nevada, filed by USA Church in the Hills on December 15, 2023 and amended March 11, 2024 (Application File No. 0000233029) 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 cc (by email and U.S. Mail): Ascencion Almaguer Geovanni Valesquez Esteban Virgen