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 - 20140908AEA
Section I - General Information
1. Legal Name of the Applicant
BLACK MEDIA WORKS, INC.
Mailing Address
1150 WEST KING STREET

City
COCOA
State or Country (if foreign address)
FL
Zip Code
32922 -
Telephone Number (include area code)
3216321000
E-Mail Address (if available)
FCC Registration No
0001800689
Call Sign
WJFP
Facility ID Number
5488
2. Contact Representative (if other than licensee/permittee)
MARK N. LIPP
Firm or Company Name
WILEY REIN LLP
Mailing Address
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2027197503

E-Mail Address (if available)
MLIPP@WILEYREIN.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20140306AIF
Legal STA
Extension of Existing Legal STA         
4. Service: FM 
5. Community of License:
City: FORT PIERCE     State: FL
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
RAYMOND A. KASSIS
Typed or Printed Title of Person Signing
CHAIRMAN OF THE BOARD
Signature
Date (mm/dd/yyyy)
09/08/2014

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 23
Description:
ENVIRONMENTAL COMPLIANCE

APPLICANT CERTIFIES RF COMPLIANCE WITH THE ATTACHED STUDY.

REGARDING COMPLIANCE WITH THE NEPA, NATIONWIDE PROGRAMMATIC AGREEMENT AND NHPA SECTION 106, THE PROPOSED STA FACILITY WILL REMAIN IN COMPLIANCE WITH APPENDIX B, SECTION III, SUBPART C.1.

Attachment 23
Description
RF Compliance Study for WJFP(FM) STA Request


Exhibit 24
Description:
EXPLANATION OF STA REQUEST

BLACK MEDIA WORKS, INC. ('BMW') REPORTED BACK IN MARCH 2008 THAT IT LOST ITS LEASE FOR ITS LICENSED SITE WHEN THE TOWER OWNER SOLD ITS TOWER. AT THE TIME, STATION WJFP HAD A CONSTRUCTION PERMIT FOR A NEW SITE AND PLANNED TO INSTALL ITS ANTENNA ON AN EXISTING STRUCTURE. (BPED-19990727IA, GRANTED 12/17/2007). HOWEVER, THERE WAS ALREADY AN ANALOG TV ANTENNA AT THE EXACT LOCATION ON THE TOWER WHICH WAS SCHEDULED TO BE REMOVED AFTER THE 2009 DIGITAL CONVERSION OCCURRED. IN THE MEANTIME, BMW WAS PERMITTED TO INSTALL A TEMPORARY 2-BAY ANTENNA (INSTEAD OF THE AUTHORIZED 10-BAY ANTENNA) AT A LOWER HEIGHT ON THE TOWER WITH NON-DA FACILITIES. (SEE BSTA-20080326AFN). THE STA WAS GRANTED ON MARCH 27, 2008 AND WITH SEVERAL EXTENSIONS, WJFP HAS BEEN OPERATING WITH THESE TEMPORARY FACILITIES SINCE THEN.

HOWEVER, THE TOWER OWNER DID NOT REMOVE THE ANALOG TV ANTENNA, AS RECITED IN THE PREVIOUS STA EXTENSION REQUESTS, BECAUSE A SUBSEQUENT STRUCTURAL ANALYSIS REVEALED THAT THE STRUCTURE DID NOT COMPLY WITH THE FLORIDA CODE. THE TOWER OWNER HAD ASSURED BMW THAT IT WOULD DISMANTLE THE EXISTING TOWER AND CONSTRUCT A NEW TOWER AT THE EXISTING LOCATION. HOWEVER, DESPITE THESE ASSURANCES OVER THE COURSE OF SEVERAL YEARS, THE DISMANTLING AND NEW TOWER CONSTRUCTION DID NOT OCCUR.

ON MARCH 11, 2014,BMW WAS FORCED TO REFILE ITS CONSTRUCTION PERMIT APPLICATION FOR THE SAME FACILITIES (BPED-20140311ACF). THIS APPLICATION WAS RECENTLY GRANTED ON JULY 23, 2014 BUT CONSTRUCTION HAS NOT YET OCCURRED.

ON MARCH 13, 2014, THE LAST STA WAS GRANTED WITH A CONDITION THAT A SECOND FORM 340 APPLICATION IS FILED REFLECTING THE STA FACILITIES (PRESUMABLY WITH THE HOPE OF AVOIDING ANY FUTURE EXTENSIONS). ON MARCH 19, 2014, BMW DID FILE THE FORM 340 (BPED-20140319ABG). THE APPLICATION WAS GRANTED ON APRIL 28, 2014 AND A FORM 302 WAS FILED ON JULY 22, 2014. HOWEVER SINCE THIS LICENSE APPLICATION REMAINS PENDING, BMW THOUGHT IT WAS PRUDENT TO FILE THE SUBJECT STA EXTENSION REQUEST IN ORDER TO CONTINUE ITS AUTHORITY TO OPERATE WITH ITS CURRENT FACILITIES.

Attachment 24
Description
Proposed vs Primary Service Contour Study for WJFP(FM) STA Request