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 - 20130215AAX
Section I - General Information
1. Legal Name of the Applicant
FORUM COMMUNICATIONS COMPANY
Mailing Address
301 SOUTH EIGHTH STREET

City
FARGO
State or Country (if foreign address)
ND
Zip Code
58103 -
Telephone Number (include area code)
7012376500
E-Mail Address (if available)
FCC Registration No
0002480085
Call Sign
WDAY
Facility ID Number
22126
2. Contact Representative (if other than licensee/permittee)
ROBERT J. FOLLIARD, III
Firm or Company Name
DOW LOHNES PLLC
Mailing Address
1200 NEW HAMPSHIRE AVE., NW
SUITE 800

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 - 6802
Telephone Number (include area code)
2027762000

E-Mail Address (if available)
RFOLLIARD@DOWLOHNES.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20110603ABE
Legal STA
Extension of Existing Legal STA         
4. Service: AM 
5. Community of License:
City: FARGO     State: ND
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 PRATHER
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date (mm/dd/yyyy)
02/15/2013

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

EXPLANATION REGARDING REQUEST FOR SPECIAL TEMPORARY AUTHORITY

Attachment 13
Description
Exhibit 13-Explanation Regarding Request for STA


Exhibit 34
Description:
EXHIBIT 34

FORUM COMMUNICATIONS COMPANY (FORUM), LICENSEE OF WDAY(AM), FARGO, NORTH DAKOTA, HEREBY REQUESTS AN EXTENSION OF THE REQUEST FOR SPECIAL TEMPORARY AUTHORITY (STA)[BSTA- 20110603ABE, AS EXTENDED BY BESTA-20111128FSS].

AS REPORTED IN THE INITIAL STA, SEVERE WEATHER ON MAY 30, 2011 DESTROYED TWO OF THE THREE TOWERS IN WDAY (AM)S NIGHTTIME DIRECTIONAL ARRAY, INCLUDING THE TOWER FROM WHICH WDAY(AM) BROADCASTS DURING DAYTIME HOURS (TOWER 2).

SINCE THE STORM, FORUM HAS DILIGENTLY WORKED TOWARD RESTORING WDAY(AM) TO FULLY LICENSED PARAMETERS. INDEED, FORUM HAS FULLY RE-CONSTRUCTED WDAY(AM) PURSUANT TO ITS AUTHORIZED CONSTRUCTION PERMIT [BP-20111123AAJ]. ACCORDINGLY, ON DECEMBER 11, 2012, TO ALLOW FORUM TO CONDUCT THE NECESSARY PROOFS OF PERFORMANCE, FORUM BEGAN OPERATING NONDIRECTIONALLY, FOR BOTH DAY AND NIGHT OPERATIONS, AT 25 PERCENT OF ITS AUTHORIZED POWER. THEN, BY LETTER DATED DECEMBER 20, 2012, FORUM INFORMED THE FCC THAT PURSUANT TO SECTION 73.1615(B)(6) IT HAD BEGUN OPERATING AT ITS LICENSED POWER LEVEL BUT WITH THE DIRECTIONAL ANTENNA AUTHORIZED IN BP-20111223AAJ. FINALLY, ON JANUARY 24, 2013, FORUM FILED A LICENSE APPLICATION (BMML-20130124AGZ). FORUM IS AWAITING COMMISSION APPROVAL FOR PROGRAM TEST AUTHORITY TO RETURN TO LICENSED OPERATIONS.

IN THE MEANTIME, UNTIL THE COMMISSION EITHER GRANTS PROGRAM TEST AUTHORITY OR THE LICENSE APPLICATION, FORUM REQUESTS EXTENSION OF ITS STA TO CONTINUE TO OPERATE WDAY(AM) IN THE MANNER DESCRIBED IN ITS DECEMBER 20, 2012 LETTER.

IN THE UNLIKELY EVENT THAT THE STA OPERATIONS CAUSE OBJECTIONABLE INTERFERENCE, FORUM WILL TAKE ALL REASONABLE STEPS TO ELIMINATE SUCH INTERFERENCE.

Attachment 34