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

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

BESTA - 20091209AAK
Section I - General Information
1. Legal Name of the Applicant
EAGLE COMMUNICATIONS, INC.
Mailing Address
2703 HALL ST
SUITE #15

City
HAYS
State or Country (if foreign address)
KS
Zip Code
67601 - 1987
Telephone Number (include area code)
7856254000
E-Mail Address (if available)
GARY.SHORMAN@EAGLECOM.NET
FCC Registration No
0002336360
Call Sign
KFEQ
Facility ID Number
34419
2. Contact Representative (if other than licensee/permittee)
GARY SHORMAN
Firm or Company Name
EAGLE COMMUNICATIONS, INC.
Mailing Address
2703 HALL ST
SUITE #15

City
HAYS
State or Country (if foreign address)
KS
ZIP Code
67601 - 1987
Telephone Number (include area code)
7856254000

E-Mail Address (if available)
GARY.SHORMAN@EAGLECOM.NET
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20090617ADV
Legal STA
Extension of Existing Legal STA         
4. Service: AM 
5. Community of License:
City: ST. JOSEPH     State: MO
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. Environmental Protection Act.    The proposed facility is excluded from environmental processing under 47. C.F.R. Section 1.1306 (i.e., The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 33]

8.
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. If requesting variance with other than authorized technical facilities, please specify the exact facilities sought.
[Exhibit 34]
9.
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
MARK VAIL
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date (mm/dd/yyyy)
12/09/2009

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 13
Description:
EXHIBIT 13 - PROPOSED OPERATION

AS DESCRIBED IN EXHIBIT 13, ONE OF THE TOWERS USED FOR THE NIGHTTIME PORTION OF THE KFEQ DA-2 ARRAY FAILED AFTER A GUY WIRE WAS SEVERED BY A PIECE OF FARMING EQUIPMENT. AS SUCH, OPERATION WITH THE LICENSED NIGHTTIME DIRECTIONAL ANTENNA FACILITIES IS NOT POSSIBLE. (THE SEPARATE DAYTIME DIRECTIONAL ANTENNA OPERATION WAS NOT HARMED BY THIS INCIDENT.) ACCORDINGLY, AUTHORITY IS BEING SOUGHT TO OPERATE KFEQ NONDIRECTIONALLY AT NIGHT PENDING COMPLETION OF REPAIRS - SPECIFICALLY, THE INSTALLATION OF A REPLACEMENT TOWER. HOWEVER, DUE TO RF SYSTEM LIMITATIONS, IT IS NOT PRESENTLY POSSIBLE TO OPERATE THE KFEQ ARRAY IN A SPLIT MODE (DIRECTIONAL ANTENNA SYSTEM DAYTIME, NON-DIRECTIONAL AT NIGHT). THE CONSEQUENCE IS THAT CONTINUED UNLIMITED HOURS OPERATION CAN ONLY OCCCUR BY ACHIEVING AUTHORITY TO OPERATE NON-DIRECTIONALLY BOTH DAY AND NIGHT USING ONE OF THE EXISTING/REMAINING TOWERS AT THE LICENSED SITE (SPECIFICALLY, DAY TOWER NUMBER 3 - PLEASE NOTE THAT THE COORDINATES REFERENCED IN THIS STA REQUEST ARE THOSE FOR THE SPECIFIC TOWER AS FOUND IN THE ASR RECORDS AND NOT THE 'ARRAY CENTER' COORDINATES). (CRITICAL HOURS IS NOT A FACTOR FOR THIS FREQUENCY.) AN EXAMINATION OF THE DAYTIME AUGMENTED STANDARD PATTERN FOR KFEQ SHOWS THAT THE DAY PATTERN MINIMA HAVE A RADIATION VALUE OF 411.2 MV/M/KM. AS SUCH, USING ONE OF THE EXISTING 82.0 DEGREE TOWERS AS A NON-DIRECTIONAL RADIATOR, KFEQ COULD OPERATE AT A DAYTIME POWER NOT TO EXCEED 1.87 KW, WHICH WOULD YIELD A MAXIMUM FIELD OF 410.9 MV/M/KM, WHICH IS JUST UNDER THE PRESENT DAY DIRECTIONAL PATTERN MINIMA. ACCORDINGLY, NON-DIRECTIONAL OPERATION NOT EXCEEDING 1.87 KW DAYTIME IS BEING RESPECTFULLY REQUESTED HEREIN. REGARDING THE PROPOSED TEMPORARY NIGHTTIME NON-DIRECTIONAL OPERATION, IT IS RESPECTFULLY REQUESTED THAT KFEQ BE ALLOWED TO OPERATE WITH 25% OF THE NOMINAL 5 KW NIGHTTIME LICENSED POWER, OR 1.25 KW. THIS STA WILL BE NECESSARY PENDING REPLACEMENT OF THE DESTROYED TOWER AND COMPLETION OF ANY OTHER NECESSARY REPAIRS.

Attachment 13


Exhibit 33
Description:
EXHIBIT 33 - ENVIRONMENTAL CONSIDERATIONS

NO CHANGE FROM PREVIOUSLY SUPPLIED EXHIBIT 15.

THIS STA INVOLVES THE USE OF AN EXISTING TOWER AT A LICENSED SITE WITH NO PHYSICAL CHANGES BEING MADE IN THE TOWER OR SITE CONDITIONS. HENCE THE STA EXTENSION IS NOT EXPECTED TO TRIGGER ANY ADVERSE ENVIRONMENTAL CONSEQUENCES OR CONCERNS. REGARDING RF EXPOSURE, IT IS REPORTED THAT THE EXISTING FENCE DISTANCES ARE APPROXIMATELY 12 FEET (3.66 METERS) FROM THE CLOSEST POINT OF THE TOWER. NO MORE THAN 1.87 KW IS BEING PROPOSED FOR THE STA OPERATION. USING THE PROCEDURES OUTLINED IN THE COMMISSIONS OET BULLETIN NO. 65 (OET 65), AN EVALUATION WAS MADE FOR THE POTENTIAL FOR EXCESSIVE RF EXPOSURE AT LOCATIONS OUTSIDE THE TOWER BASE FENCE ENCLOSURE. THIS EVALUATION INDICATED THAT 2.52% OF THE MAXIMUM PERMITTED 'E FIELD' AND 5.41% OF THE MAXIMUM PERMITTED 'H FIELD' WOULD BE DEVELOPED AT THE FENCE BOUNDARY. THERE ARE NO OTHER AUTHORIZED BROADCAST STATIONS LOCATED WITHIN 5 KM OF THIS SITE, ACCORDINGLY, THEIR IMPACT TO THE TOTAL POWER DENSITY MAY BE IGNORED. A FACILITY MAY BE PRESUMED TO COMPLY WITH THE LIMITS SPECIFIED IN SECTION 1.1310 IF IT SATISFIES THE EXPOSURE CRITERIA SET FORTH IN OET 65. BASED UPON THAT METHODOLOGY, AS DEMONSTRATED HEREIN, THE PROPOSED STA OPERATION WOULD COMPLY WITH THE CITED ADOPTED GUIDELINES. EXCESSIVE LEVELS OF RF ENERGY WILL NOT BE CAUSED AT PUBLICALLY ACCESSIBLE AREAS NEAR THE TOWER, THUS SATISFYING SAFETY CONCERNS FOR THE GENERAL PUBLIC. REGARDING WORKER SAFETY, THE ANTENNA TUNING UNIT FOR THE TOWER IS LOCATED WITHIN A LOCKED, POSTED FENCE. ADDITIONALLY, A SITE EXPOSURE PROCEDURE IS EMPLOYED PROTECTING MAINTENANCE WORKERS FROM EXCESSIVE EXPOSURE WHEN WORK MUST BE PERFORMED IN THE VICINITY OF OR ON A TOWER (OR ON ADJACENT TOWER STRUCTURES). SUCH PROTECTIVE MEASURES INCLUDE, BUT ARE NOT LIMITED TO, RESTRICTION OF ACCESS TO AREAS WHERE LEVELS
IN EXCESS OF THE GUIDELINES MAY BE EXPECTED, POWER REDUCTION, OR THE COMPLETE SHUTDOWN OF FACILITIES WHEN WORK OR INSPECTIONS MUST BE PERFORMED IN AREAS WHERE THE EXPOSURE GUIDELINES WILL BE EXCEEDED. NO WORKER IS PERMITTED TO CLIMB AN ENERGIZED TOWER.


Attachment 33


Exhibit 34
Description:
EXHIBIT 34 - JUSTIFICATION FOR STA AND STA EXTENSION

EXHIBIT 34 - JUSTIFICATION FOR STA AND STA EXTENSION.

1) THE 'EXTRAORDINARY CIRCUMSTANCES' WHICH WARRANTS TEMPORARY OPERATIONS AT VARIANCE FROM THE COMMISSION'S RULES WERE REPORTED IN THE ORIGINAL STA REQUEST AS EXHIBIT 16. SPECIFICALLY, ON JUNE 16, 2009, A FARMER WORKING AROUND THE KFEQ TOWER FIELD 'CLIPPED' A TOWER GUY WIRE FOR ONE OF THE TOWERS USED FOR KFEQ'S NIGHTTIME OPERATION, CAUSING THE TOWER TO COLLAPSE TO THE GROUND. (PLEASE SEE ATTACHED PICTURES INCLUDED AS 'ATTACHMENT 1' TO THIS EXHIBIT.) DAMAGE WAS ALSO SUSTAINED TO THE STATION SAMPLING SYSTEM AND TRANSMISSION LINES.

2) THE SPECIFIC RULES AND/OR POLICIES FROM WHICH THE APPLICANT SEEKS TEMPORARY RELIEF ARE THOSE GOVERNING AND PERMITTING OPERATION OF THIS STATION WITH TWO DIFFERENT DIRECTIONAL ANTENNA PATTERNS (AT 5 KW DAYTIME AND 5 KW NIGHTTIME). OPERATION AS A DIRECTIONAL AM RADIO STATION IS NOT POSSIBLE UNTIL CERTAIN REPAIRS AND EQUIPMENT REPLACEMENT HAS BEEN ACCOMPLISHED.

SPECIFICALLY, THE ORIGINALLY FILED STA REQUEST SOUGHT (AND WAS GRANTED) AN STA FOR EMERGENCY ANTENNA OPERATION PURSUANT TO SECTION 73.1680 OF THE COMMISSION'S RULES. IN PARTICULAR, NONDIRECTIONAL NIGHTTIME OPERATION, USING A SINGLE TOWER, AT AN OPERATING POWER OF 1.25 KW WAS REQUESTED. FURTHER, ALTHOUGH THE INVOLVED COLLAPSED TOWER WAS NOT USED BY THE STATION'S LICENSED DAYTIME OPERATION, DUE TO LIMITATIONS IN THE STATION'S AGED RF EQUIPMENT, STA WAS SOUGHT (AND WAS GRANTED) FOR NONDIRECTIONAL DAYTIME OPERATION, USING THE SAME TOWER AS PROPOSED FOR THE NIGHTTIME STA OPERATION, AT AN OPERATING POWER OF 1.87 KW. AS REPORTED AT THE TIME OF THE ORIGINAL STA REQUEST, AT THIS POWER LEVEL, THE STATION'S NON-DIRECTIONAL RADIATED FIELD WILL NOT EXCEED THE STATION'S AUTHORIZED STANDARD PATTERN. FULL DETAILS OF THE TEMPORARY OPERATION WERE OUTLINED IN THE ORIGINAL STA REQUEST IN EXHIBIT 13.

3) THE PUBLIC INTEREST WILL BE SERVED BY PERMITTING THE CONTINUED STA OPERATION OF KFEQ (PENDING COMPLETION OF PREPAIRS) SINCE KFEQ SERVES A RATHER LARGE AREA, EVEN WITH THESE DIMINISHED FACILITIES, AND THE GENERAL PUBLIC IS DEPENDENT UPON KFEQ FOR EMERGENCY INFORMATION.

4) THE LICENSEE'S PLAN FOR RESTORATION OF LICENSED OPERATION INCLUDED REPLACMENT OF THE COLLAPSED TOWER, REPLACEMENT OF THE ANTENNA MONITOR SAMPLE LINE EQUIPMENT, REPLACEMENT OF TRANSMISSION LINES, REPLACEMENT OF THE RF PHASING AND COUPLING EQUIPMENT, AND CONDUCTING A PROOF-OF-PERFORMANCE (EITHER A PARTIAL PROOF ON EACH PATTERN OR A FULL METHOD-OF-MOMENTS PROOF FOR EACH ANTENNA PATTERN) DEMONSTRATING RESTORATION OF PROPER OPERATION. DETAILS OF PROGRESS MADE TO DATE, RATIONALE FOR DECISIONS/PLANS MADE, AND DOCUMENTATION ARE AS FOLLOWS:

TIME WAS REQUIRED FOR THE INVOLVED INSURANCE COMPANIES AND THEIR STRUCTURAL ENGINEERS TO REVIEW THE CIRCUMSTANCES OF THE INCIDENT AND TOWER COLLAPSE AND TO ISSUE PERMISSION TO CLEAR THE COLLAPSED TOWER AND ORDER A REPLACEMENT. THE LICENSEE'S CONSULTING ENGINEER ALSO MADE VISITS TO THE SITE TO EVALUATE THE SITUATION, THE INVOLVED ISSUES, AND MAKE RECOMMENDATIONS. BIDS WERE SOLICITED FROM VARIOUS VENDORS, CAREFULLY VETTED, AND ORDERS PLACED FOR REPLACEMENT ITEMS AS DISCUSSED BELOW. ADDITIONALLY, A SURVEYOR WAS RETAINED AND A SURVEY CONDUCTED OF THE EXISTING TOWERS AND THE BASE PIER LOCATION FOR THE FALLEN TOWER TO DETERMINE ARRAY RELATIVE GEOMETRY, IN ANTICIPATION OF POSSIBLY EMPLOYING A (POST-REPAIR) MOMENT METHOD PROOF. THE RESULTS OF THE SURVEY WERE COMPLETED AND THE ARRAY BASES WERE FOUND TO BE WITHIN ACCEPTABLE PLACEMENT LIMITS.

AS SHOWN IN THE ASSOCIATED EXHIBIT 34 - ATTACHMENTS 2 AND 3, AN ORDER HAS BEEN PLACED WITH ELECTRONICS RESEARCH, INCORPORATED ('ERI') FOR A REPLACEMENT TOWER, BASE INSULATOR AND ASSOCIATED CUSTOMARY TOWER EQUIPMENT, AND TOWER CONSTRUCTION. AS SHOWN, DELIVERY WILL TAKE 45-60 DAYS. ADDITIONAL TIME WILL BE NEEDED TO COMPLETE CONSTRUCTION, WHICH IS WEATHER DEPENDENT.

DURING THE POST-COLLAPSE ENGINEERING INSPECTION, IT WAS DETERMINED THAT THE SAMPLE LINE AND TRANSMISSION LINE WAS DAMAGED. GIVEN THE TYPE AND AGES OF THESE ITEMS, A RECOMMENDATION WAS MADE BY THE LICENSEE'S CONSULTING ENGINEER TO REPLACE THE INVOLVED LINES AS WELL AS THE LINES TO ALL TOWERS. FURTHER, GIVEN THE AGE OF THE RF SYSTEM (AN E.F. JOHNSON SYSTEM FROM THE 1940S), IT WAS ALSO RECOMMENDED THAT A WHOLESALE REPLACEMENT OF THE 'PHASOR' TUNING SYSTEM AND ANTENNA COUPLING UNITS ALSO BE ACCOMPLISHED AT THE SAME TIME. ACCORDINGLY, THE LICENSEE ORDERED, AND PLACED A DEPOSIT FOR, THE NECESSARY EQUIPMENT (PLEASE SEE EXHIBIT 34 - ATTACHMENT 4). DELIVERY IS QUOTED AT 180 DAYS, HOWEVER, THE SUPPLIER IS BEING PRESSURED TO ACCOMPLISH DELIVERY IN A QUICKER TIME FRAME.

5) EXPECTED DURATION OF THE STA: GIVEN THE ABOVE QUOTED DELIVERY SCHEDULES, AS MUCH AS 6 MONTHS MAY BE NECESARY TO RECEIVE THE ORDERED ITEMS. AN ADDITIONAL AMOUNT OF TIME MAY BE NECESSARY TO COMPLETE CONSTRUCTION, INSTALLATION, EQUIPMENT ADJUSTMENT, AND PROOF OF PERFORMANCE WORK, MUCH OF WHICH WILL DEPEND UPON WEATHER CONDITIONS THAT ARE ENCOUNTERED. NEVERTHELESS, THIS STA EXTENSION REQUEST WILL BE FOR ANOTHER 180 DAYS (6 MONTHS) WITH THE HOPE THAT A FURTHER EXTENSION WILL NOT BE NECESSARY. PROGRESS REPORTS MAY BE SUPPLIED UPON REQUEST, OR WILL BE SUPPLIED WITH ANY NECESSARY FURTHER EXTENSION REQUEST.



Attachment 34
Description
Exhibit 34 - Attachment 1 - Pictures of Collapsed Tower
Exhibit 34 - Attachment 2 - ERI Order Confirmation - KFEQ Replacement Tower
Exhibit 34 - Attachment 3 - Copy of Check to ERI, UPS Tracking- ERI Quote
Exhibit 34 - Attachment 4 - RF System and line Replacement - RF Specialties Documentation