Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0407 (January 2008)
FCC 337
FOR FCC USE ONLY
 
APPLICATION FOR EXTENSION OF TIME TO CONSTRUCT A DIGITAL TELEVISION BROADCAST STATION FOR COMMISSION USE ONLY
FILE NO.

BEPCDT - 20050118ADZ
1. Legal Name of the Licensee/Permittee
WFGX LICENSEE, LLC
Mailing Address
C/O SHAW PITTMAN LLP, ATT'N: K. SCHMELTZER
2300 N STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20037 - 1128
Telephone Number (include area code)
2026638217
E-Mail Address (if available)
KATHRYN.SCHMELTZER@SHAWPITTMAN.COM
FCC Registration Number:
0011277373
Call Sign
WFGX-DT
Facility Identifier 
6554
2. Contact Representative (if other than licensee/permittee)
KATHRYN R. SCHMELTZER, ESQ.
Firm or Company Name
SHAW PITTMAN LLP
Mailing Address
2300 N STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20037 - 1128
Telephone Number (include area code)
2026638217

E-Mail Address (if available)
KATHRYN.SCHMELTZER@SHAWPITTMAN.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: FORT WALTON BEACH State: FL
4. Purpose of Application. Applicant requests an extension of time in which to complete the construction authorized pursuant to (check one):
a permit for a new DTV station Permit No. - Expiration Date:
a modification of a DTV construction permit Permit No. BMPCDT-20040204AAK Expiration Date: 03/08/2005
Amendment to pending application
5. Applicant certifies that construction cannot be completed due to (check all that apply):
legal reasons beyond station's control (e.g., litigation, international coordination).
severe financial hardship (e.g., bankruptcy, negative cash flow).
other reasons (e.g., natural disasters).

Describe in an Exhibit the specific reason(s) requiring additional time to construct, including the steps taken by the applicant to solve or mitigate the problem(s).

[Exhibit 1]
6. Has the construction period for this station been previously extended ? Yes No
a. If Yes, describe in an Exhibit the applicant's diligent efforts during the most recent construction period to overcome the circumstance(s) preventing construction.
[Exhibit 2]
7. Applicant requests that the time within which to complete construction be extended until: 09/08/2005
a. If applicant is not able to state now when construction is expected to be completed, describe in an Exhibit the reasonable steps it is taking to resolve the problem(s) preventing timely construction.
[Exhibit 3]
8. 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 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. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)

Typed or Printed Name of Person Signing
DAVID B. AMY
Typed or Printed Title of Person Signing
SECRETARY, TREASURER OF SOLE MEMBER
Signature
Date
01/17/2005

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 1
Description:
REASONS FOR REQUESTED EXTENSION

WFGX-DT IS FILING THIS FORM 337 EXTENSION APPLICATION OUT OF AN ABUNDANCE OF CAUTION. THE LICENSEE INTENDS TO BE OPERATING PURSUANT TO SPECIAL TEMPORARY AUTHORITY PRIOR TO THE EXPIRATION DATE OF THE CONSTRUCTION PERMIT. THIS APPLICATION IS BEING FILED IN THE EVENT THAT CONSTRUCTION OF THE STA FACILITY IS DELAYED. THE WFGX-DT CONSTRUCTION PERMIT FOR CHANNEL 50 (FCC FILE NO. BMPCDT-20040204AAK) WAS ONLY RECENTLY GRANTED ON SEPTEMBER 8, 2004 FOLLOWING A LENGTHY RULEMAKING PROCEEDING IN WHICH WFGX HAD REQUESTED THAT DTV CHANNEL 50 BE SUBSTITUTED FOR DTV CHANNEL 25 AT FORT WALTON BEACH, FLORIDA. FOLLOWING GRANT, DURING THE FALL OF 2004, THE FORT WALTON BEACH AREA EXPERIENCED SEVERE HURRICANES WHICH DELAYED THE INITIATION OF WORK ON STUDYING THE EXISTING TOWER. AS SOON AS IT WAS ABLE TO, THE LICENSEE BEGAN TO SCHEDULE STUDIES OF THE EXISTING TOWER AT THE LOCATION SPECIFIED IN THE PERMIT. IT HAS DETERMINED THAT THE TOWER NEEDS STRENGTHENING BEFORE A FULL POWER DIGITAL FACILITY CAN BE CONSTRUCTED. THE LICENSEE IS ALSO STUDYING THE FEASIBILITY OF A MOVE TO A TALLER EXISTING TOWER IN THE AREA WHICH WOULD RESULT IN BETTER COVERAGE AND, IF THAT IS POSSIBLE, AN APPLICATION TO MODIFY THE CONSTRUCTION PERMIT WILL BE FILED.      

Attachment 1