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 - 20131031ADX
Section I - General Information
1. Legal Name of the Applicant
ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC.
Mailing Address
1089 BANNOCK STREET

City
DENVER
State or Country (if foreign address)
CO
Zip Code
80204 -
Telephone Number (include area code)
3038926666
E-Mail Address (if available)
BETHFLAMBURES@RMPBS.ORG
FCC Registration No
0001615582
Call Sign
KUVO
Facility ID Number
16687
2. Contact Representative (if other than licensee/permittee)
MARK A. BALKIN
Firm or Company Name
HARDY, CAREY, CHAUTIN & BALKIN, LLP
Mailing Address
1080 WEST CAUSEWAY APPROACH

City
MANDEVILLE
State or Country (if foreign address)
LA
ZIP Code
70417 -
Telephone Number (include area code)
9856290777

E-Mail Address (if available)
MBALKIN@HARDYCAREY.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20040805AEF
Legal STA
Extension of Existing Legal STA         
4. Service: FM 
5. Community of License:
City: DENVER     State: CO
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 23]

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 24]
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
DOUGLAS PRICE
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date (mm/dd/yyyy)
10/31/2013

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 24
Description:
BASIS FOR STA EXTENSION

ON SEPTEMBER 9, 2004 DENVER EDUCATIONAL BROADCASTING ('DEB'), LICENSEE OF KUVO, WAS GRANTED SPECIAL TEMPORARY AUTHORITY (FILE NO. BSTA-20040805AEF) PURSUANT TO 47 C.F.R. SEC. 73.1635(A) TO OPERATE AT A VARIANCE FROM THE TERMS OF THE STATION'S THEN AUTHORIZATION (FILE NO. BLED-19951022KD) (THE LICENSE FOR KUVO HAS SINCE BEEN RENEWED TWICE - FILE NOS. BRED-20041201BQA AND BRED-20121130BBD.) THIS STA, PERMITTING THE REDUCTION OF THE STATION'S EFFECTIVE RADIATED POWER FROM 22.5 KW TO 18.0 KW TO PROTECT PERSONS OUTSIDE THE FENCE SURROUNDING THE FACILITY FROM RADIO FREQUENCY RADIATION EXPOSURE IN EXCESS OF THAT PERMITTED BY THE COMMISSION'S RULES, WAS EXTEND UNTIL JANUARY 8, 2006 (FILE NO. BESTA-20050304ADH), THEN TO MAY 14, 2007(BESTA-20060103AFR),THEN AGAIN TO MAY 14, 2008 (BESTA-20070510AAR), TO JULY 26, 2009 (BESTA-20080513ABW) THEN TO FEBRUARY 14, 2010 (BESTA-20090722ACE)TO OCTOBER 30, 2010 (BESTA-20100210AAR)TO MAY 29, 2011 (BESTA-20101112AWI)THEN TO FEBRUARY 2, 2012 (BESTA-20110525AAH) THEN TO OCTOBER 2, 2012 (BESTA-20120130AGB)THEN TO MAY 2, 2013 (BESTA-20121002ACZ)AND FINALLY TO NOVEMBER 3, 2013 (BESTA-20130430ADQ).

DEB OBTAINED A CONSTRUCTION PERMIT FOR A MINOR MODIFICATION OF THE STATION (FILE NO. BPED-20030728AJV)IN SEPTEMBER OF 2003. THE RF PROBLEM WOULD HAVE BEEN RESOLVED AND THE NEED FOR THIS STA ELIMINATED WHEN THE CONSTRUCTION AUTHORIZED BY THE PERMIT WAS COMPLETED. THE CONSTRUCTION PERMIT WAS TOLLED PENDING RESOLUTION OF LITIGATION CONCERNING ISSUES RELATED TO ZONING FOR THE NEW TOWER UPON WHICH KUVO'S ANTENNA WOULD BE LOCATED. THE LITIGATION WAS FINALLY RESOLVED AND THE TOLLING ENDED.

HOWEVER, AFTER MORE THAN 8 YEARS OF EFFORTS TO OBTAIN APPROVALS AND BUILD A NEW TOWER FOR KUVO (AS WELL AS A RADIO STATION OWNED BY PUBLIC BROADCASTING OF COLORADO AND A TELEVISION STATION OWNED BY ROCKY MOUNTIAIN PUBLIC BROADCASTING NETWORK ('RMPBN')), THE CONSTRUCTION PERMIT EXPIRED ON APRIL 2, 2012 BEFORE CONSTRUCTION ON THE TOWER.

AFTER EXPLORING ALTERNATE WAYS TO RESOLVE THE RF PROBLEM, INCLUDING THE POSSIBILITY OF REINFORCING THE EXISTING TOWER AND SEEKING TO INCREASE THE HEIGHT OF ITS ANTENNA OR SEEKING LOCAL GOVERNMENT APPROVALS TO MOVE THE FENCE FURTHER FROM THE TOWER OR EVEN WHETHER INSTALLATION OF LANDSCAPING WILL LOWER THE RF LEVELS AT THE FENCELINE, DEB ENTERED INTO TALKS WITH PUBLIC BROADCASTING OF COLORADO AND RMPBN TO JOINTLY REINFORCE OR REBUILD THE TOWER (THAT RMPBN OWNS) SO THAT KUVO'S ANTENNA CAN BE RAISED.

THESE TALKS RESULTED IN AN AGREEMENT BETWEEN DEB AND RMPBN TO ESSENTIALLY MERGE. THE ASSIGNMENT OF KUVO'S LICENSE AND DEB'S OTHER AUTHORIZATIONS TO RMPBN WAS APPROVED BY THE COMMISSION (BALED-20130204ACH) AND THE TRANSACTION WAS CONSUMMATED ON JUNE 1, 2013.

RMPBN OWNS THE TOWER, BUT ONLY HAS AN OPTION (THAT IT PLANS TO EXERCISE) TO PURCHASE THE PROPERTY ON WHICH THE TOWER IS LOCATED. WHILE RMPBN BEGAN THE PROCESS OF DESIGNING AND OBTAINING APPROVALS TO REINFORCE AND RAISE THE TOWER IN ORDER TO MOVE ITS ANTENNA FOR KRMA-TV BACK TO THIS TOWER AND TO RAISE KUVO'S ANTENNA - RESOLVING THE RF ISSUE - THE COUNTY IN WHICH THE TOWER IS LOCATED HAS INDICATED THAT IT WANTS THE TOWER REMOVED AND WANTS KUVO TO RELOCATE TO A DIFFERENT TOWER NEAR TO THE ONE WHERE KUVO WANTED TO LOCATE YEARS AGO. RMPBN IS CURRENTLY IN NEGOTIATIONS WITH THE COUNTY IN AN EFFORT TO RETAIN AND IMPROVE THE TOWER AND IS ALSO IN NEGOTIATIONS WITH A TOWER OWNER TO MOVE KUVO. IT IS NOT CLEAR YET WHICH OPTION WILL BE DESIRABLE OR SUCCESSFUL.

THEREFORE, RMPBN REQUESTS THE EXTENSION OF ITS STA FOR A PERIOD OF 180 DAYS AS IT MOVES FORWARD TRYING TO RESOLVE THIS PROBLEM AND DETERMINE A 'PERMANENT' LOCATION FOR KUVO'S TRANSMITTER AND ANTENNA.


Attachment 24