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 - 20100903AAP
Section I - General Information
1. Legal Name of the Applicant
KPHP RADIO, INC.
Mailing Address
P.O. BOX 3003

City
BLUE BELL
State or Country (if foreign address)
PA
Zip Code
19422 -
Telephone Number (include area code)
2156283500
E-Mail Address (if available)
CRISA@CRAWFORDBROADCASTING.COM
FCC Registration No
0003253150
Call Sign
KKPZ
Facility ID Number
4113
2. Contact Representative (if other than licensee/permittee)
JOHN S. NEELY, ESQ.
Firm or Company Name
MILLER AND NEELY, P.C.
Mailing Address
SUITE 704
6900 WISCONSIN AVE.

City
BETHESDA
State or Country (if foreign address)
MD
ZIP Code
20815 -
Telephone Number (include area code)
3019864160

E-Mail Address (if available)
JOHNSNEELY@YAHOO.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20030915AHO
Legal STA
Extension of Existing Legal STA         
4. Service: AM 
5. Community of License:
City: PORTLAND     State: OR
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
JOHN S NEELY, ESQ
Typed or Printed Title of Person Signing
COUNSEL
Signature
Date (mm/dd/yyyy)
09/02/2010

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 34
Description:
CIRCUMSTANCES

THE CURRENT STA EXPIRES SEPTEMBER 8, 2010.

THE COMMISSION IS RESPECTFULLY REQUESTED TO DEFER PROCESSING THIS STA EXTENSION. AS SHOWN BY THE RECORD IN THIS PROCEEDING, THIS STA HAS BEEN EXTENDED MANY TIMES AT SIGNIFICANT AGGREGATE EXPENSE TO THE LICENSEE, INCLUDING REPETITIOUS STA FILING FEES. FCC STAFF HAS ALSO EXPENDED ITS OWN VALUABLE RESOURCES PROCESSING THE MANY EXTENSION REQUESTS. KKPZ IS EAGER TO RESUME FULL BROADCAST OPERATIONS BUT IS PREVENTED FROM DOING SO, AS DISCUSSED MORE FULLY BELOW, BY AN ADJACENT PART 90 TOWER OWNER WHICH REFUSES TO DETUNE ITS RE-RADIATING ANTENNA STRUCTURE.   IT IS BEYOND KKPZ'S CONTROL WHEN THE COMMISSION MIGHT ACT ON KKPZ'S COMPLAINT CONCERNING THE UNDERLYING CAUSE OF THE DISTORTION TO THE MAIN LOBE OF THE KKPZ PATTERN.

DEFERRING PROCESSING ON THIS FURTHER EXTENSION REQUEST IS IN THE PUBLIC INTEREST. THE REPETITIVE ADMINISTRATIVE ACT PROVIDES NO NEW INFORMATION TO THE PUBLIC IN THIS CASE AS IT RELIES ON FACTS WHICH ARE ALREADY A MATTER OF LONGSTANDING PUBLIC RECORD AND IT WILL ASSIST TO CONTAIN COMMISSION RESOURCES AS WELL AS KKPZ RESOURCES WHICH COULD THEN BE REDIRECTED TO STATION OPERATION AND PROGRAM SERVICES.

>>>>>>>>>>>>>>

THE RECORD IN THIS PROCEEDING SHOWS THAT SEVERAL NEARBY TOWER STRUCTURES OWNED BY THIRD PARTIES WERE AUTHORIZED AND CONSTRUCTED AFTER KKPZ'S CURRENT FACILITIES WERE LICENSED, WERE NOT PROPERLY DETUNED OR MAINTAINED, AND THEIR HARMFUL RE-RADIATION ADVERSELY AFFECTED KKPZ'S LICENSED PATTERN. WHILE ALL OF KKPZ'S MONITOR POINTS ARE WITHIN AUTHORIZED LIMITS, THE PATTERN IS DISTORTED BY THE RE-RADIATION AND, AS SUCH, THE LICENSEE CANNOT SERVE THE ENTIRE AREA AUTHORIZED BY ITS BROADCAST LICENSE AND CANNOT COMPLETE AN ACCURATE PARTIAL PROOF OF PERFORMANCE.

COUNSEL IS ADVISED THAT ALL BUT ONE OF THE TOWER OWNERS HAS ELIMINATED THE RE-RERADIATION. THE REMAINING TOWER IS OWNED AND USED BY TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT, A PART 90 LICENSEE, ('TRIMET') AND SITUATED IN KKPZ'S MAIN LOBE.

ON OCTOBER 19, 2006, KKPZ FILED A COMPLAINT WITH THE WIRELESS BUREAU URGING THE COMMISSION TO ENFORCE ITS 'NEWCOMER POLICY' AND ORDER TRIMET TO DETUNE ITS TOWER. IN ADDITION, THE LONG-STANDING INTERFERENCE WITHOUT COMMISSION INTERVENTION CREATES A DE FACTO MODIFICATION OF THE KKPZ BROADCAST LICENSE IN VIOLATION OF THE COMMUNICATIONS ACT. TRIMET'S RESPONSE ACKNOWLEDGED THAT ITS TOWER DISTORTS THE KKPZ PATTERN AND THAT DETUNING WILL REMEDIATE THE DISTORTION. HOWEVER, TRIMET DENIES ANY OBLIGATION OR RESPONSIBILITY TO DETUNE THE TOWER.

THE WIRELESS BUREAU ADVISES THAT THE SUBJECT COMPLAINT AND RESPONSE ARE STILL UNDER REVIEW. THE TIME REQUIRED FOR THE STAFF TO ADDRESS THE MATTER IS BEYOND KKPZ'S CONTROL. THE STA EXTENSION IS NEEDED IN ORDER THAT KKPZ MAY CONTINUE OPERATION WITH PARAMETERS AT VARIANCE.

KKPZ RECEIVED NO INTERFERENCE COMPLAINTS DURING THE CURRENT STA PERIOD. AS THE STATION DESIRES TO CONTINUE TO PROVIDE THE PUBLIC WITH A BROADCAST SERVICE DURING THIS PERIOD, IT IS WITHIN THE PUBLIC INTEREST TO GRANT THIS STA TO OPERATE WITH PARAMETERS AT VARIANCE UNTIL THE PROJECT IS COMPLETED AND OPERATION MAY RESUME AT LICENSED VALUES.


Attachment 34