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 - 20140107APP
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 203
3750 UNIVERSITY BLVD., WEST

City
KENSINGTON
State or Country (if foreign address)
MD
ZIP Code
20895 -
Telephone Number (include area code)
3019336304

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)
01/06/2014

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 JANUARY 12, 2014

THE RECORD IN THIS PROCEEDING SHOWS THAT SEVERAL TOWER STRUCTURES OWNED BY THIRD PARTIES WERE AUTHORIZED AND CONSTRUCTED WELL AFTER KKPZ'S CURRENT FACILITIES WERE LICENSED, WERE NOT PROPERLY DETUNED OR MAINTAINED, AND THEIR HARMFUL RE-RADIATION ADVERSELY AFFECTS KKPZ'S LICENSED PATTERN. WHILE ALL OF KKPZ'S MONITOR POINTS ARE WITHIN AUTHORIZED LIMITS, THE PATTERN IS DISTORTED BY RE-RADIATION AND, AS SUCH, KKPZ 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 ELIMINATED THE RE-RERADIATION. THE REMAINING TOWER IS SITUATED IN KKPZ'S MAIN LOBE AND IS OWNED AND USED BY TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT, A PART 90 FCC LICENSEE, ('TRIMET').

ON OCTOBER 19, 2006, KKPZ FILED A COMPLAINT WITH THE WIRELESS BUREAU URGING THAT THE COMMISSION ORDER TRIMET TO DETUNE ITS TOWER BASED UPON ESTABLISED PRECEDENT INCLUDING, BUT NOT LIMITED TO, THE FCC'S 'NEWCOMER POLICY'. 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.

IN REPLY TO THE COMPLAINT, TRIMET ACKNOWLEDGED THAT ITS TOWER DISTORTS THE KKPZ PATTERN AND THAT DETUNING WILL REMEDIATE THE DISTORTION. HOWEVER, TRIMET DENIED ANY OBLIGATION OR RESPONSIBILITY UNDER FCC RULES TO DETUNE THE TOWER.

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.

IN ITS JULY 2013 EXTENSION OF THE UNDERLYING STA, THE FCC'S AUDIO DIVISION INSTRUCTED KKPZ TO SUBMIT A FORMAL WRITTEN STATUS REQUEST WITH THE WIRELESS BUREAU SEEKING AN UPDATE ON THE PENDING COMPLAINT WITH A COPY TO THE INSTANT STA EXTENSION REQUEST. SUBSEQUENT INFORMAL DISCUSSION WITH AUDIO DIVISION STAFF DETERMINED THAT A STATUS REQUEST WAS NOT NECESSARY BASED ON FOLLOWING INFORMATION:

IN 2006-2007 THE LICENSEE WAS INFORMALLY ADVISED THAT WIRELESS BUREAU MIGHT TACITLY DEFER PROCESSING THE INTERFERENCE COMPLAINT WHILE THE COMMISSION DIRECTED ITS RESOURCES TO REVIEWING ITS POLICIES AND RULES CONCERNING PART 90 TOWER DISTORTION TO AM LICENSEES IN A 1993 DOCKETED PROCEEDING (MM DKT 93-177).   AS THE DOCKET HAD BEEN OPEN FOR GREATER THAN TEN YEARS, A DOCKET REPORT AND ORDER WAS ANTICIPATED 'SOON.'

AS A MATTER OF PUBLIC RECORD, THE COMMISSION'S MM DKT 93-177 REPORT AND ORDER WAS RELEASED AUGUST 16, 2013. THEREIN, THE COMMISSION ADOPTED RULES APPLICABLE TO THE SUBJECT OF THE PENDING KKPZ COMPLAINT AND ADVISED AM LICENSEES WITH PREEXISTING PART 90 TOWER SIGNAL DISTORTION TO FILE A COMPLAINT WITHIN TWO YEARS AFTER SUBJECT NEW RULES GO INTO EFFECT.

KKPZ IS NOW WAITING FOR THE NEW RULES TO BECOME EFFECTIVE AFTER WHICH DATE, KKPZ WILL PROMPTLY FILE AN AUGMENTED COMPLAINT.

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