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 - 20190418AAN
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
Firm or Company Name
WILKINSON BARKER KNAUER, LLP
Mailing Address
1800 M STREET, N.W.
SUITE 800N

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 -
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)
04/18/2019

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 REQUEST

M. KENT FRANDSEN 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-20181005ABM.

AS DETAILED BELOW AND IN KNYNS 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 WAS ABLE TO RESTORE THE FACILITY. THUS, KNYN 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 KNYNS 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 ALSO CONSIDERED PURCHASING THE TOWER, BUT THE ASKING PRICE WAS TOO HIGH AND THE OWNER IS NOW LOOKING FOR OTHER POTENTIAL BUYERS.

FRANDSEN HAS BEEN EXPLORING OTHER POSSIBLE TOWER SITES, INCLUDING SOME ON THE SAME MOUNTAIN. MOST RECENTLY, LICENSEE HAS BEEN IN DISCUSSIONS WITH AN OIL COMPANY THAT HAS RECENTLY VACATED A SITE NEAR THE PRESENT SITE. NEGOTIATIONS TO POTENTIALLY MOVE TO THIS SITE REMAIN ONGOING.

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.

IN PREVIOUS STA EXTENSION GRANTS, COMMISSION STAFF NOTED THAT LICENSEE HAS BEEN ON NOTICE THAT KNYN WOULD EVENTUALLY NEED TO MOVE TO CHANNEL 280 TO ACCOMMODATE ANOTHER STATION IN NEPHI, UTAH THAT WAS MOVING TO CHANNEL 256, AND NOTED THAT THE FCC WOULD NOT BE WILLING TO ENTERTAIN KNYNS CONTINUED OPERATION ON CHANNEL 256 FOR AN INDEFINITE PERIOD. FRANDSEN HOPES TO IDENTIFY A TECHNICAL SOLUTION THAT WILL RENDER THE CHANNEL CHANGE UNNECESSARY. UNTIL SUCH PROPOSAL CAN BE IMPLEMENTED, FRANDSEN REQUESTS PERMISSION TO REMAIN ON CHANNEL 256 UNDER ITS IMPLIED STA, WITH THE UNDERSTANDING THAT KNYN ON CHANNEL 256 WILL RECEIVE NO PROTECTION FROM INTERFERENCE FROM KMGRS CONSTRUCTION PERMIT FACILITY (BPH-20161121AAE) (ONCE IT IS READY FOR TESTING AND OPERATION).

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