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 - 20140430ACT
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 M. PRICE
Typed or Printed Title of Person Signing
PRESIDENT & CEO
Signature
Date (mm/dd/yyyy)
04/30/2014

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 24
Description:
BASIS FOR KUVO STA EXTENSION

ON SEPTEMBER 9, 2004, ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC.S ('RMPBN') PREDECESSOR-IN-INTEREST, DENVER EDUCATIONAL BROADCASTING ('DEB'), THE ORIGINAL LICENSEE OF KUVO, WAS GRANTED SPECIAL TEMPORARY AUTHORITY (FILE NO. BSTA-20040805AEF) PURSUANT TO 47 C.F.R. 73.1635(A). THE AUTHORIZATION ALLOWED KUVO TO OPERATE AT A LOWER EFFECTIVE POWER: 18.0 KW, INSTEAD OF THE 22.5 KW AT WHICH IT IS LICENSED TO OPERATE (KUVO'S MOST RECENT LICENSE RENEWAL WAS FILE NO. BRED-20121130BBD).

THE ORIGINAL STA WAS GRANTED TO PROTECT PERSONS OUTSIDE THE FENCE SURROUNDING THE TRANSMISSION FACILITY FROM RADIO FREQUENCY RADIATION EXPOSURE IN EXCESS OF THE LIMITS IN THE COMMISSIONS RULES. THE 2004 STA HAS SINCE BEEN RENEWED SEVERAL TIMES; THE MOST RECENT RENEWALS WERE IN FEBRUARY OF 2012 (BESTA-20110525AAH), OCTOBER OF 2012 (BESTA-20120130AGB), MAY OF 2013 (BESTA-20121002ACZ), NOVEMBER OF 2013 (BESTA-20130430ADQ), AND NOVEMBER OF 2014 (BESTA-20131031ADX).

DEB HAD ORIGINALLY 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 SEVERAL BOUTS 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 MANY YEARS OF EFFORTS TO OBTAIN APPROVALS AND BUILD A NEW TOWER FOR KUVO (AS WELL AS FOR A RADIO STATION OWNED BY PUBLIC BROADCASTING OF COLORADO AND A TELEVISION STATION OWNED BY ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK, INC. ('RMPBN'), THE CONSTRUCTION PERMIT EXPIRED ON APRIL 2, 2012 BEFORE CONSTRUCTION ON THE TOWER COULD BE COMPLETED.

DEB THEN EXPLORED SEVERAL 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 INSTALLING LANDSCAPING TO LOWER THE RF LEVELS AT THE FENCE LINE. AT THAT TIME, DEB ENTERED INTO TALKS WITH PUBLIC BROADCASTING OF COLORADO AND RMPBN TO JOINTLY REINFORCE OR REBUILD THE TOWER (RMPBN OWNS THE TOWER) SO THAT KUVO'S ANTENNA HEIGHT COULD BE INCREASED.

THOSE 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 JULY 1, 2013. AS MENTIONED, RMPBN OWNS THE TOWER ON WHICH KUVO IS CURRENTLY LOCATED AND EXERCISED AN OPTION TO PURCHASE THE PROPERTY ON WHICH THE TOWER IS LOCATED IN JANUARY OF 2014.

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 TO RESOLVE 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.

RMPBN IS CURRENTLY IN NEGOTIATIONS WITH THE COUNTY IN AN EFFORT TO RETAIN AND IMPROVE THE TOWER AND IS CONCURRENTLY IN NEGOTIATIONS WITH A DIFFERENT TOWER OWNER TO MOVE KUVO. THE NEGOTIATIONS WITH THE COUNTY HAVE NOT BEEN SUCCESSFUL, SO RMPBN HAS THEREFORE FOCUSED ON A NEGOTIATION WITH THE OWNER OF THE TRANSMISSION SITE WHERE RMPBN'S KRMA-TV IS LOCATED. TERM SHEETS HAVE BEEN EXCHANGED AND NEGOTIATIONS WITH THE TOWER OWNER ARE PROGRESSING.

FOR THE REASONS STATED ABOVE, RMPBN RESPECTFULLY REQUESTS THE EXTENSION OF ITS STA FOR KUVO FOR A PERIOD OF 180 DAYS. AN EXTENSION OF THIS STA WILL CONTINUE TO ENHANCE SAFETY AROUND THE TRANSMISSION SITE, AND ALLOW CONTINUED OPERATIONS OF THE NON-COMMERCIAL COMMUNITY STATION WHILE RMPBN PURSUES A BUSINESS AGREEMENT THAT WOULD ALLOW FOR KUVO'S PERMANENT RELOCATION.



Attachment 24