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 - 20150601AHD
Section I - General Information
1. Legal Name of the Applicant
M. KENT FRANDSEN
Mailing Address
P.O. BOX 570

City
LOGAN
State or Country (if foreign address)
UT
Zip Code
84323 -
Telephone Number (include area code)
4357521390
E-Mail Address (if available)
KENT@CVRADIO.COM
FCC Registration No
0004993986
Call Sign
KNYN
Facility ID Number
87470
2. Contact Representative (if other than licensee/permittee)
DAVID OXENFORD, ESQ.
Firm or Company Name
WILKINSON BARKER KNAUER, LLP
Mailing Address
2300 N STREET, N.W.
SUITE 700

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20037 - 1128
Telephone Number (include area code)
2027834141

E-Mail Address (if available)
DOXENFORD@WBKLAW.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20051121AUH
Legal STA
Extension of Existing Legal STA         
4. Service: FM 
5. Community of License:
City: FORT BRIDGER     State: WY
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
M. KENT FRANDSEN
Typed or Printed Title of Person Signing
INDIVIDUAL
Signature
Date (mm/dd/yyyy)
06/01/2015

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

M. KENT FRANDSEN (FRANDSEN), LICENSEE OF KNYN(FM), FORT BRIDGER, WYOMING, HEREBY REQUESTS A FURTHER EXTENSION OF SPECIAL TEMPORARY AUTHORITY (STA) PURSUANT TO SECTION 73.1635 OF THE COMMISSION'S RULES. 47 CFR 73.1625. THE STA UNDER WHICH IT IS CURRENTLY OPERATING WAS MOST RECENTLY EXTENDED BY BESTA-20141125AJA.

AS DETAILED BELOW AND IN KNYN(FM)S INITIAL REQUEST FOR STA, THE TOWER FROM WHICH THE STATION PREVIOUSLY OPERATED COLLAPSED, DAMAGING THE STATION'S EQUIPMENT AND PREVENTING IT FROM OPERATING WITH ITS FULL AUTHORIZED FACILITIES. THE SITE AT WHICH THE STATION IS AUTHORIZED HAS GONE THROUGH TWO OWNERS SINCE THE COLLAPSE OF THE TOWER, AND NEITHER HAS BEEN ABLE TO RESTORE THE FACILITY. THUS, KNYN(FM) HAS BEEN UNABLE TO RESTORE OPERATION WITH ITS FULL LICENSED FACILITIES.

ON NOVEMBER 14, 2005, THE BROADCAST TOWER FROM WHICH KNYN OPERATED, LOCATED ON TOP OF A MOUNTAIN, COLLAPSED DURING A SEVERE STORM. FOLLOWING THE LOSS OF ITS TOWER, KNYN(FM) WAS ABLE TO RESTORE LIMITED SERVICE AT REDUCED POWER USING BACK-UP EQUIPMENT. SINCE THAT TIME, THE STATION HAS BEEN OPERATING FROM THE SITE USING A VERTICAL-ONLY ANTENNA MOUNTED ON A MAST APPROXIMATELY 15 FEET TALL. ALTHOUGH THE STATION IS BROADCASTING WITH ONLY 625 WATTS OF POWER, IT HAS BEEN ABLE TO COVER FORT BRIDGER AND MAINTAIN SERVICE TO ITS COMMUNITY OF LICENSE. GIVEN THE SIGNIFICANTLY LOWER ERP AND ANTENNA HEIGHT, THE CONTOURS OF THIS TEMPORARY FACILITY DO NOT EXTEND BEYOND KNYN(FM)'S AUTHORIZED CONTOUR DEFINED BY ITS LICENSE.

THE ORIGINAL OWNER OF THE SITE WAS NOT ABLE TO CONSTRUCT AN ADEQUATE REPLACEMENT TOWER AFTER THE COLLAPSE OF THE ORIGINAL TOWER. HE HAD ERECTED A REPLACEMENT TOWER, BUT THE REPLACEMENT TOWER ALSO COLLAPSED THE NEXT TIME THERE WAS SEVERE WEATHER AT THE SITE. IT WAS DETERMINED THAT THIS WAS DUE TO THE FACT THAT THERE WAS NOT ENOUGH GROUND SPACE ON THE RIDGE OF THE TOWER SITE TO PUT A GUYED TOWER WHERE THE ANCHORS COULD BE PROPERLY SPACED. AS A RESULT, THE WEIGHT OF THE ICE BUILDUP IN THE WINTER MONTHS CAUSED EACH OF THE TOWERS TO COLLAPSE. WHILE BUILDING A SELF-SUPPORTING TOWER WOULD SOLVE THIS PROBLEM, NEITHER THE ORIGINAL OWNER NOR THE CURRENT OWNER HAVE BEEN WILLING TO UNDERTAKE THIS VERY EXPENSIVE AND DIFFICULT TASK, AS THE COST OF A MOUNTAINTOP SELF-SUPPORTING TOWER APPARENTLY WOULD NOT MAKE FINANCIAL SENSE, GIVEN THE LOW RENT POTENTIAL. WHILE FRANDSEN HAS CONTINUED DISCUSSIONS WITH THE CURRENT TOWER OWNER, BASED ON THESE CONVERSATIONS, IT SEEMS UNLIKELY THAT THE CURRENT SITE OWNER WILL CONSTRUCT A NEW TOWER.

FRANDSEN HAS BEEN EXPLORING OTHER POSSIBLE TOWER SITES, INCLUDING SOME ON THE SAME MOUNTAIN. WHEN FRANDSEN LAST INQUIRED, ALL OF THE EXISTING TOWER SITES IN THE VICINITY WERE FULLY OCCUPIED. HE WILL BE DOING ANOTHER REVIEW OF THE MOUNTAINS SITE SHORTLY TO SEE IF ANYTHING HAS CHANGED AT THAT SITE IN THE RECENT PAST WHICH WOULD CREATE SOME AVAILABILITY THERE. FRANDSEN ALSO HAS HAD DISCUSSIONS WITH THE BUREAU OF LAND MANAGEMENT (BLM) ABOUT DEVELOPING A NEW TRANSMITTER SITE ON THE SAME MOUNTAIN, BUT AFTER SELECTING A SPECIFIC SITE, FRANDSEN LEARNED THAT THE PROPERTY WAS NOT IN FACT CONTROLLED BY THE BLM. FRANDSEN CONTINUES TO EXPLORE THE OWNERSHIP OF THE POTENTIAL SITE AND TO SEEK OTHER OPTIONS TO ALLOW THE STATION TO RETURN TO FULL POWER OPERATIONS. ALL POTENTIAL OPTIONS ARE LOCATED IN A RURAL AREA WITH FEW LOCATIONS THAT ARE DEVELOPED FOR BROADCAST TOWERS, OR EVEN WITH ACCESSIBLE POWER. THIS MOUNTAIN, WHEREUPON LAST CHECK ALL EXISTING TOWERS WERE FULL, IS THE ONE DEVELOPED TOWER SITE IN THE AREA. THE DEVELOPMENT OF AN ENTIRELY NEW TOWER SITE IN THIS AREA IS NOT AN EASY PROPOSITION. THUS, THE EXPLORATION OF OPTIONS IS TAKING FAR LONGER THAN IT MIGHT IN A MORE DEVELOPED AREA.

IN THE LAST STA EXTENSION GRANT, COMMISSION STAFF REQUESTED EVIDENCE OF FRANDSEN'S PROGRESS IN IMPLEMENTING THE CHANNEL CHANGE TO CHANNEL 280C1 REQUIRED BY KNYNS CONSTRUCTION PERMIT BPH-200701119AEV, WHICH AUTHORIZES KNYN TO RELOCATE ITS TRANSMITTER AND TO CHANGE CHANNELS FROM 256C TO 280C1. THIS CHANNEL CHANGE IS PREDICATED ON THE CHANNEL CHANGE OF AN UNRELATED STATION, KUDE(FM), NEPHI, UTAH (FIN 72769) FROM CHANNEL 280 TO 256C (FCC FILE NO. BPH-20101220ABB). WHILE THE CONSTRUCTION PERMIT FOR THE CHANGES IN THAT STATION EXPIRED ON FEBRUARY 28, 2014, THE CP IS CURRENTLY BEING TOLLED. AS KUDE HAS NOT YET CHANGED CHANNELS, KNYN CANNOT CONSTRUCT AND COMMENCE OPERATIONS.

KUDE WAS HELD BY A COMPANY THAT WENT INTO BANKRUPTCY IN 2007 (SEE FCC FILE NO. BALH-20070614ACK) AND HAS BEEN HELD BY A SERIES OF RECEIVERS OR TRUSTEES SINCE THAT POINT. SEE FCC FILE NO. BTCH-20130927AGF (GRANTED 12/31/13) (REPLACING W. LAWRENCE PATRICK WITH JIM BURGOYNE AS TRUSTEE). AS KUDE IS LICENSED TO A TRUSTEE LOOKING TO SELL THE STATION, IT APPEARS UNLIKELY THAT THE LICENSEE WILL WANT TO INVEST SIGNIFICANT TIME AND RESOURCES INTO A CHANNEL CHANGE AT THIS POINT. IN FACT, IN RESPONSE TO A REQUEST FROM A REPRESENTATIVE OF MR. FRANDSEN, MR. BURGOYNE CONFIRMED THAT HE HAS NOT BEEN ABLE TO SECURE THE NECESSARY FINANCES TO BE ABLE TO MAKE THE CHANNEL CHANGE FOR KUDE.    KNYN STANDS READY TO COORDINATE THE CHANNEL CHANGES WITH KUDE WHEN KUDE LOCATES THE FUNDS NECESSARY FOR SUCH CHANGE.

GIVEN THE ABOVE, FRANDSEN HEREBY REQUESTS AN EXTENSION OF THE EARLIER STA TO ALLOW IT TO CONTINUE BROADCASTING WITH REDUCED POWER FROM THE PRESENT SITE. GRANT OF THIS STA REQUEST IS IN THE PUBLIC INTEREST AS IT WILL PERMIT THE STATION TO MAINTAIN ITS SERVICE TO THE PUBLIC.


Attachment 24