1 The translators listed in the caption are but a subset of the authorizations that have been granted to Harvest and Brian A. Dodge. They are included in the caption because they are the translators that have been unlawfully rebroadcasting the signals of three Albany, New York area full-service stations. The issues raised in this complaint go to the qualifications of HBA or Mr. Dodge to be the licensees of any FCC-licensed facilities.

2 Amendment of Section 73.202(b), (Boscawen and Belmont, NH), 2 FCC Rcd. 7309 (1987).

3 Id. at 7310.

4 See Ex. A hereto.

5 It must be noted that the May 24, 1993 letter, even if accurate, totally glosses over the fact that the addition of two partners to the partnership required the submission of an application seeking the Commission's consent to the transfer of control of the partnership.

6 See Ex. B hereto.

7 Mr. Wittik's May 24, 1993 letter spells Ms. Akley's first name with a single "r". The FCC Form 346 spells Ms. Akley's name with two "r"'s.

8 See Ex. C hereto.

9 See Ex. D hereto.

10 Id.

11 See Ex. E hereto.

12 See Ex. F hereto.

13 See Ex. G hereto.

14 See Ex. H hereto.

15 See Exs. I through K hereto.

16 See Exs. L through N hereto.

17 Copies of the correspondence, which were retrieved from the Commission's file for W288AN, are attached hereto as Ex. O.

18 As will be explained below, the reference to Mr. Dodge as President of "WTIJ" is significant inasmuch as "Harvest Broadcasting Association" is a trade name of We Trust in Jesus Broadcasting, Inc. WTIJ is the acronym for "We Trust in Jesus".

19 Mr. Dodge's letter is attached hereto as Ex. P.

20 A copy of the May 16, 1988 letter is attached hereto as Ex. Q.

21 See Ex. R hereto.

22 See Ex. N hereto.

23 See Ex. S hereto.

24 A copy of the 1990 Ownership Report is attached hereto as Ex. T.

25 Harvest has not filed an Ownership Report since 1990.

26 See, e.g., Ex. S hereto.

27 See Ex. U hereto.

28 See Ex. V hereto.

29 See Ex. W hereto.

30 See Ex. X.

31 See Ex. Y.

32 See Ex. Z.

33 See Ex. AA.

34 See Ex. BB.

35 See Ex. X hereto.

36 See Ex. RR hereto.

37 See Amendmentfor Petition to Deny, filed by HBA with respect to applications filed by Cardwell Broadcasting, Inc., File Nos. BPFT-961101TB and BPFT-96101STM.

38 See pp. 13 - 14, supra.

39 See Ex. DD hereto.

40 See May 29, 1997 Motion to Strike of Cardwell Broadoasting, Inc. at n.2. These factual assertions were supported by the affidavit included with Cardwell's March 26, 1997 Opposition to Petition to Deny.

41 See Ex. EE hereto.

42 See Ex. FF hereto.

43 See File No. BPFT-911203TB.

44 See Ex. GG hereto.

45 An "Application for Addition to Checklist" is the form used in Vermont to register to vote.

46 Mr. Dodge may also have had another reason for hiding his involvement in HBA. The Commission's rules have for many years severely limited the ability of a licensee to use translators to extend a primary station's signal. Mr. Dodge has been attempting for over a decade to obtain a commercial full service station. Even under the Commission's prior rules, HBA would have been foreclosed from rebroadcasting any station beyond that station's 1 mV/m contour and into an area within another station's 1 mV/m contour if Mr. Dodge became a permittee or licensee of an FM station. Thus, Mr. Dodge's scheme for using HBA to extend the signals of primary stations beyond their 1 mV/m contours would have been foiled if his involvement with HBA were acknowledged. This scheme is described at pages 27-36, infra. A copy of the FM translator eligibility requirements as they were in force in 1982 (when HBA filed its application for the West Brattleboro translator) is attached hereto as Ex. JJ.

47 See Ex. KK hereto. In particular, the biographical sketch states that Mr. Dodge helped "to bring the Gospel" to Joplin, MO. Neosho is approximately 20 miles from Joplin.

48 See Weston Properties XVIII Limited Partnership, 8 FCC Rcd. 1783, aff'd, 8 FCC Rcd. 8470 (1993).

49 The Commission has in the past expressed its "serious concerns. regarding Harvest's operations. See Rothschild Broadcasting, Inc., 10 FCC Rcd. 7226, 7227n.6 (1995). In Rothschild, the Commission promised that it would address those concerns in a separate proceeding. It would be appropriate to expand the scope of that proceeding to address the issues raised in this complaint.

50 The allocations to both Schoharie, New York and Lake Luzerne, New York were adopted by the Commission at the request of either Harvest Broadcasting Services or Brian Dodge. See Amendment of Section 73.202(b), MM Docket No. 87-23, 2 FCC Rcd. 5923 (1987) and Amendment of Section 73.202(b), MM Docket No. 87-199, 2 FCC Rcd. 7150 (1987). See Ex. FF, hereto.

51 Carter Broadcasting is not alleging that Capital Media Corporation necessarily was aware of this violation. Translator licensees routinely certify to the lack of support of the translator by the primary station whenever a facilities modification application is filed. No such certification is required of the primary station -- thus potentially leading to a situation wherein the primary station is unaware of the prohibition on support of the translator by the primary station.

52 All twelve hours of the LOVE-A-THON were recorded by Mr. Shotwell. The excerpts set forth herein were transcribed from tapes supplied by Mr. Shotwell. Mr. Shotwell will provide the staff with all twelve hours' worth of tapes upon request.

53 The reference to this translator is to the illegal Westfield translator.

54 To this very day, the top of the hour requests for support specify that donations should be sent to LOVE Radio -- thus further illustrating the bond between LOVE; Radio and the HBA translators.

55 One of the applications was filed by Carter Broadcasting.

56 Portions of the three applications are attached hereto as Ex. PP.

57 Mr. Dodge has now taken to referring to himself as a "Certified" Consulting Engineer. Neither the Society of Broadcast Engineers nor NARTE, which are the two organizations that certify broadcast engineers, has any record of Mr. Dodge as having been certified.

58 See the attached Declaration of Steven Callahan.