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 - 20110329ADO
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@KLOVEAIR1.COM
FCC Registration No
0004121000
Call Sign
KLVB
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 800

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 3401
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)
03/29/2011

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 TEMPORARY OPERATION IN CONJUNCTION WITH FAA

EDUCATIONAL MEDIA FOUNDATION (EMF), THE LICENSEE OF FM RADIO STATION KLVB, 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 KLVB 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, KLVB IS SILENT PURSUANT TO A NOTIFICATION OF OFF-AIR AND REQUEST FOR STA FILED ON APRIL 5, 2010. SEE FCC FILE NO. BLSTA-20100405ADU. AS DETAILED IN THAT PENDING REQUEST, KLVB HAS BEEN SILENT SINCE APRIL 2, 2010. EMF BUILT THE KLVB 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 KLVB AFTER RECEIVING NOTIFICATION FROM THE KLVB TOWER OPERATOR THAT IT RECEIVED AN FAA NOTICE OF PRESUMED HAZARD RELATED TO KLVB. THE NOTICE INDICATED THAT KLVB 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.

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, EMF AND ITS ATTORNEYS HAVE PREPARED A PRESENTATION TO THE FAA'S MANAGEMENT THAT WILL REQUEST MODIFICATION OF THE FAA'S POLICIES RELATED TO CHANGING THE ILS FREQUENCY. EMF'S ATTORNEYS CONTINUE TO WORK WITH THE FAA'S VICE PRESIDENT OF TECHNICAL OPERATIONS TO SET A DATE FOR THIS PRESENTATION AND SUBSEQUENT DISCUSSION, BUT HAS JUST LEARNED THAT THE FAA CANNOT MEET UNTIL AFTER THE ONE YEAR SILENT PERIOD FOR THE STATION RUNS OUT ON APRIL 2, 2011. ACCORDINGLY, EMF HEREBY SEEKS SPECIAL TEMPORARY AUTHORITY TO OPERATE WITH THE PARAMETERS CONTAINED IN KLVB'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 2010, PURSUANT TO FCC FILE NO. BSTA-20100329AFT.

EMF HAS COORDINATED WITH THE FAA, WHICH HAS AUTHORIZED EMF TO OPERATE KLVB FROM MIDNIGHT TO 2AM ON FRIDAY APRIL 1, 2011, IN AN EFFORT TO AVOID AUTOMATIC TERMINATION OF THE STATION LICENSE. ACCORDINGLY, EMF RESPECTFULLY REQUESTS AUTHORIZATION TO OPERATE KLVB WITH THE FACILITIES AUTHORIZED IN ITS CONSTRUCTION PERMIT AT THE ABOVE MENTIONED DATE AND TIME, TO PREVENT EXPIRATION OF ITS LICENSE.


Attachment 38