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.

BSTA - 20100329AFT
Section I - General Information
1. Legal Name of the Applicant
EDUCATIONAL MEDIA FOUNDATION
Mailing Address
5700 WEST OAKS BLVD.

City
ROCKLIN
State or Country (if foreign address)
CA
Zip Code
95765 -
Telephone Number (include area code)
9162511600
E-Mail Address (if available)
EFILE@EMFBROADCASTING.COM
FCC Registration No
0004121000
Call Sign
KSTN-FM
Facility ID Number
70676
2. Contact Representative (if other than licensee/permittee)
KAREN A. ROSS, ESQ.
Firm or Company Name
DAVIS WRIGHT TREMAINE LLP
Mailing Address
1919 PENNSYLVANIA AVENUE, NW
SUITE 200

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 3402
Telephone Number (include area code)
2029734200

E-Mail Address (if available)
KARENROSS@DWT.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA
Legal STA
Extension of Existing Legal STA         
4. Service: FM 
5. Community of License:
City: CITRUS HEIGHTS     State: CA
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
MIKE NOVAK
Typed or Printed Title of Person Signing
PRESIDENT/CEO
Signature
Date (mm/dd/yyyy)
03/29/2010

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 38
Description:
REQUEST FOR TEMP OPERATION IN CONJUNCTION WITH FAA

EDUCATIONAL MEDIA FOUNDATION (EMF), THE LICENSEE OF FM RADIO STATION KSTN-FM (FORMERLY CALL SIGN KLVS(FM)), CITRUS HEIGHTS, CALIFORNIA, PURSUANT TO SECTIONS 73.1635 AND 73.561 OF THE COMMISSION'S RULES, IS REQUESTING SPECIAL TEMPORARY AUTHORITY (AN STA) TO ALLOW KSTN-FM TO TEMPORARILY OPERATE AT THE SITE AUTHORIZED IN ITS CONSTRUCTION PERMIT AND PENDING LICENSE APPLICATION. SEE FCC FILE NOS. BPED-20070119AFL AND BLED-20080402ACU.

CURRENTLY, KSTN-FM IS SILENT PURSUANT TO A NOTIFICATION OF OFF-AIR AND REQUEST FOR STA FILED ON APRIL 24, 2009. SEE FCC FILE NO. BLSTA-20090424ADK. AS DETAILED IN THAT PENDING REQUEST, KTSN-FM HAS BEEN SILENT SINCE APRIL 17, 2009. EMF BUILT THE KTSN-FM FACILITIES PURSUANT TO ITS CONSTRUCTION PERMIT (BPED-20070119AFL), COMMENCED OPERATIONS AND FILED THE NECESSARY LICENSE APPLICATION ON APRIL 2, 2008 (BLED-20080402ACU). SUBSEQUENTLY, EMF WAS FORCED TO TEMPORARILY DISCONTINUE OPERATIONS AT KSTN-FM AFTER RECEIVING NOTIFICATION FROM THE KSTN-FM TOWER OPERATOR THAT IT RECEIVED AN FAA NOTICE OF PRESUMED HAZARD RELATED TO KSTN-FM. THE NOTICE INDICATED THAT KSTN-FM TRANSMISSION ON 99.5MHZ, THROUGH THE INTERACTION WITH ANOTHER STATION, COULD POSSIBLY CREATE INTERMODULATION INTERFERENCE TO A FREQUENCY USED BY THE FAA AS PART OF THE APPROACH TO A LOCAL AIRPORT.

THE FAA HAS CONTINUED TO STUDY THE MATTER OVER THE LAST YEAR, BOTH IN ITS WASHINGTON, D.C. OFFICE AS WELL AS IN THE LOCAL FIELD OFFICE RESPONSIBLE FOR THE SACRAMENTO AREA. EMF HAS CONTINUED TO WORK WITH THE FAA IN AN EFFORT TO RESOLVE THIS ISSUE, AND HAS OFFERED SOLUTIONS THAT SHOULD RESOLVE THE ISSUE. IN RECENT MONTHS, THE DISCUSSIONS BETWEEN THE PARTIES HAVE NARROWED THE ISSUES, AND EMF BELIEVES THAT THE PARTIES ARE MOVING TOWARD A RESOLUTION THAT WOULD RESOLVE THE PREDICTED INTERFERENCE ISSUE. HOWEVER, EMF AND THE FAA WILL NOT BE ABLE TO FULLY RESOLVE THIS ISSUE BEFORE THE ONE YEAR SILENT PERIOD FOR THE STATION RUNS OUT ON APRIL 17, 2010. ACCORDINGLY, EMF HEREBY SEEKS SPECIAL TEMPORARY AUTHORITY TO OPERATE WITH THE PARAMETERS CONTAINED IN KSTN-FM'S UNDERLYING CONSTRUCTION PERMIT AND LICENSE APPLICATION FOR A TEMPORARY PERIOD COORDINATED WITH THE FAA. EMF PREVIOUSLY COORDINATED WITH THE FAA AND FCC TO RESTORE SERVICE IN A SIMILAR FASHION IN APRIL 2009, PURSUANT TO FCC FILE NO. BLSTA-20090415ALE.

EMF HAS COORDINATED WITH THE FAA, WHICH HAS TENTATIVELY AUTHORIZED EMF TO OPERATE KSTN-FM DURING THE OVERNIGHT HOURS THE NIGHT OF APRIL 1 - APRIL 2, OR APRIL 6 - APRIL 7, IN AN EFFORT TO AVOID AUTOMATIC TERMINATION OF THE STATION LICENSE. ACCORDINGLY, EMF RESPECTFULLY REQUESTS AUTHORIZATION TO OPERATE KSTN-FM WITH THE FACILITIES AUTHORIZED IN ITS CONSTRUCTION PERMIT AT ONE OF THE THE ABOVE MENTIONED DATE AND TIME, TO PREVENT EXPIRATION OF ITS LICENSE.

Attachment 38