Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0386 (July 2002)
FOR FCC USE ONLY
 
Legal STA

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

BLSTA - 20090310AAU
Section I - General Information
1. Legal Name of the Applicant
WHVN, INC.
Mailing Address
P.O. BOX 18614

City
CHARLOTTE
State or Country (if foreign address)
NC
Zip Code
28218 -
Telephone Number (include area code)
3342131160
E-Mail Address (if available)
FCC Registration No
0001955657
Call Sign
WHVN
Facility ID Number
72331
2. Contact Representative (if other than licensee/permittee)
MATTHEW H. MCCORMICK
Firm or Company Name
FLETCHER, HEALD & HILDRETH, PLC
Mailing Address
1300 NORTH 17TH STREET
11TH FLOOR

City
ARLINGTON
State or Country (if foreign address)
VA
ZIP Code
22209 -
Telephone Number (include area code)
7038120400

E-Mail Address (if available)
MCCORMICK@FHHLAW.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA
Legal STA
Extension of Existing Legal STA         
4. Service: AM 
5. Community of License:
City: CHARLOTTE     State: NC
6. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other
N/A (Fee Required)
7.
Please explain in detail the "extraordinary circumstances" which warrant temporary operations at variance from the Commission's Rules. In addition, please specify 1) the specific rules and/or policies from which the applicant seeks temporary relief; 2) how the public interest will be furthered by grant; and 3) the expected duration of the STA and the licensee's plan for restoration of licensed operation.
[Exhibit 38]
8.
Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.
Yes No

I hereby certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations.

Typed or Printed Name of Person Signing
JACOB E. BOGAN
Typed or Printed Title of Person Signing
SECRETARY/TREASURER
Signature
Date (mm/dd/yyyy)
03/10/2009

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 38
Description:
REQUEST EXPLANATION

WHVN, INC., LICENSEE OF WHVN(AM), FACILITY ID NO. 72331, CHARLOTTE, NORTH CAROLINA, HEREIN REQUESTS SPECIAL TEMPORARY AUTHORITY ('STA') PURSUANT TO SECTION 73.1635 OF THE COMMISSION'S RULES TO BE REBROADCAST AS THE PRIMARY STATION OF FM TRANSLATOR W228CE, FACILITY ID NO. 157782, CHARLOTTE, NORTH CAROLINA. PRESENTLY PENDING IS AN APPLICATION (BAPFT-20090217AEN) FOR CONSENT TO ASSIGN W228CE FROM ITS CURRENT LICENSEE, KEVIN J. YOUNGERS, TO WHVN, INC.

WHVN, INC. REQUESTS AN STA FOR THE REBROADCAST OF WHVN EITHER FROM THE PRESENT W228CE SITE ('PRESENT SITE') OR FROM THE SITE ('PROPOSED SITE') SPECIFIED IN THE PENDING APPLICATION TO MODIFY THE TRANSLATOR'S FACILITIES (BPFT-20090303ACT).

FROM THE PRESENT SITE, W228CE OPERATES WITH ONE WATT ERP ON CHANNEL 228. A LICENSE APPLICATION FOR THESE FACILITIES HAS BEEN ACCEPTED FOR FILING (BLFT-20090303ABC).

THE ABOVE-REFERENCED MODIFICATION APPLICATION FOR THE PROPOSED SITE SPECIFIES OPERATION ON CHANNEL 282 WITH AN ERP OF 250 WATTS.

THIS STA IS REQUESTED PENDING THE OUTCOME OF THE CURRENT FCC RULEMAKING (MB DOCKET NO. 07-172, RM-11338) IN WHICH A CHANGE IN THE FCC'S RULES IS BEING CONTEMPLATED THAT WILL ALLOW THE PROGRAMMING OF AM STATIONS TO BE REBROADCAST BY FM TRANSLATORS UNDER CERTAIN CIRCUMSTANCES. SPECIFICALLY, THE COMMISSION HAS PROPOSED THAT SUCH TRANSMISSIONS BE PERMITTED WHERE NO PORTION OF THE 60 DBU CONTOUR OF THE TRANSLATOR EXTENDS BEYOND THE SMALLER OF: (A) A 25-MILE RADIUS FROM THE AM TRANSMITTER SITE; AND (B) THE 2.0 MV/M DAYTIME CONTOUR OF THE AM STATION.

AS DEMONSTRATED IN THE ATTACHED TECHNICAL EXHIBIT, THE 60 DBU CONTOUR OF THE SUBJECT TRANSLATOR, WHETHER USING ITS PRESENT FACILITIES OR ITS PROPOSED FACILITIES, WILL BE COMPLETELY CONTAINED WITHIN THE WHVN(AM) 2.0 MV/M DAYTIME CONTOUR. THE TECHNICAL EXHIBIT ALSO DEMONSTRATES THE 60 DBU CONTOUR OF THE FM TRANSLATOR FROM EITHER THE PRESENT SITE OR THE PROPOSED SITE WILL NOT EXCEED A DISTANCE OF 25 MILES FROM THE TRANSMITTER SITE OF WHVN(AM).

THE PUBLIC INTEREST WILL BE SERVED BY THE GRANT OF THE STA REQUESTED. REBROADCAST BY THE FM TRANSLATOR WOULD SIGNIFICANTLY IMPROVE WHVN(AM)'S COVERAGE THROUGHOUT ITS MARKET.

Attachment 38
Description
Technical Exhibit