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 - 20050519AGT
1. Legal Name of the Licensee/Permittee
WITI LICENSE, INC.
Mailing Address
5151 WISCONSIN AVE., NW
ATTN: MOLLY PAUKER

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20016 -
Telephone Number (include area code)
2028953088
E-Mail Address (if available)
MOLLYP@FOXTV.COM
FCC Registration Number:
0002703130
Call Sign
WITI-DT
Facility Identifier 
73107
2. Contact Representative (if other than licensee/permittee)
WITI LICENSE, INC.
Firm or Company Name

Mailing Address
5151 WISCONSIN AVE., NW
ATTN: MOLLY PAUKER

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20016 -
Telephone Number (include area code)
2028953088

E-Mail Address (if available)
MOLLYP@FOXTV.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: MILWAUKEE State: WI
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. BPCDT-19991004ABL Expiration Date: 05/01/2002
a modification of a DTV construction permit Permit No. - Expiration Date:
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: 10/01/2005
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
MOLLY PAUKER
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date
05/19/2005

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:
REASON FOR EXTENSION

IN JANUARY, 1998, THE APPLICANT COMMISSIONED FROM AN INDEPENDENT STRUCTURAL CONSULTANT, SHOOLBRED ENGINEERS, INC. ('SHOOLBRED'), A STRUCTURAL ANALYSIS OF ITS EXISTING ANTENNA TOWER, SPECIFICALLY TO DETERMINE WHETHER THE TOWER NEEDED TO BE STRENGTHENED IN ORDER TO SUPPORT THE ADDITION OF ITS DTV TRANSMISSION EQUIPMENT (THE 'SHOOLBRED STUDY'). THIS REPORT IS TOO LONG TO ATTACH TO THIS EXHIBIT; HOWEVER, A HARD COPY WILL BE PROVIDED TO THE COMMISSION ON REQUEST.

THE SHOOLBRED STUDY RECOMMENDED CERTAIN REMEDIAL WORK TO STRENGTHEN APPLICANT'S TOWER. A THIRD-PARTY CONTRACTOR, NATIONWIDE TOWER, INC. ('NATIONWIDE'), WAS RETAINED TO COMPLETE THIS WORK, PURSUANT TO PLANS DRAWN UP BY SCHOOLBRED. THIS WORK PROCEEDED SLOWLY, DUE IN PART TO THE FACT THAT IT WAS IMPOSSIBLE TO PROCEED DURING WISCONSIN'S LONG WINTER MONTHS AND IN PART TO NATIONWIDE'S INADEQUATE PERFORMANCE. THE WORK INCLUDED ADDING A LOW-POWER DTV ANTENNA TO WITI'S STUDIO ANTENNA TOWER, ENABLING WITI-DT TO MEET ITS MAY 1, 2002 DTV CONSTRUCTION DEADLINE WITH SPECIAL TEMPORARY AUTHORITY TO OPERATE AT LOW POWER.

IN 2002, AFTER TWO SUMMERS HAD PASSED AND THE WORK STILL WAS NOT COMPLETED, THE APPLICANT RELIEVED NATIONWIDE OF FURTHER RESPONSIBILITIES UNDER ITS CONTRACT. INSTALLATION SERVICES, INC., WAS RETAINED TO COMPLETE THE REMEDIAL WORK INITIALLY RECOMMENDED BY SHOOLBRED.

AS MR. SHOOLBRED HAD RETIRED IN THE INTERIM, THE APPLICANT RETAINED ANOTHER INDEPENDENT ENGINEERING CONSULTANT, TOWER ENGINEERING PROFESSIONALS, INC. ('TEP'), TO CONDUCT PERIODIC INSPECTIONS OF THE IMPROVEMENTS PERFORMED BY NATIONWIDE.

ADDITIONALLY, ONE OF THE APPLICANT'S TENANTS ASKED WHETHER IT COULD MODIFY THE CONFIGURATION OF ITS EQUIPMENT ON THE TOWER. TEP CONDUCTED A STRUCTURAL EVALUATION OF THE IMPROVED TOWER TO DETERMINE IF IT COULD SUPPORT THE PROPOSED CHANGE IN CONFIGURATION. TEP FOUND THAT THE TOWER WAS LIKELY TO BE SIGNIFICANTLY OVERSTRESSED UNDER THE PROPOSED CONFIGURATION--MUCH MORE THAN WOULD HAVE BEEN EXPECTED BASED UPON THE ORIGINAL SHOOLBRED STUDY.

THAT CONTRADICTORY FINDING CAUSED WITI TO COMMISSION A SECOND LOADING STUDY FROM TEP, ANALYZING THE TOWER'S CURRENT STRUCTURAL LOADS. TEP'S SECOND STUDY REVEALED PORTIONS OF THE TOWER ALREADY TO BE AT THEIR THEORETICAL MAXIMUM CAPACITY, WITH A SIGNIFICANT AMOUNT OF DTV EQUIPMENT STILL TO BE ADDED IN ORDER FOR THE APPLICANT TO ACHIEVE ITS FULLY-AUTHORIZED DTV POWER.

IN ORDER TO BE CERTAIN WHICH RESULTS IT COULD RELY ON, THE APPLICANT COMMISSIONED YET ANOTHER STRUCTURAL STUDY FROM A THIRD ENGINEERING CONSULTANT, TOWER ENGINEERING CONSULTANTS ('TEC'). WITI IS AWAITING A REPORT FROM ERI, WHICH IS EXPECTED ANY DAY. IT IS ANTICIPATED THAT THIS REPORT WILL CONFIRM TEP'S RECOMMENDATION THAT ADDITIONAL TOWER STRENGTHENING, BEYOND THAT RECOMMENDED IN THE ORIGINAL SHOOLBRED REPORT, WILL BE NECESSARY TO BRING THE TOWER UP TO THE STANDARD NECESSARY TO SUPPORT THE ADDITIONAL FULL POWER DTV EQUIPMENT.

THE APPLICANT ALREADY HAS SPENT IN EXCESS OF ONE MILLION DOLLARS TO COMPLETE ITS DTV INSTALLATION, WITH ADDITIONAL EXPENDITURES OF A SIMILAR MAGNITUDE STILL TO BE INCURRED. IN LIGHT OF THESE EXPENDITURES, THERE CAN BE NO DOUBT OF APPLICANT'S GOOD FAITH. APPLICANT WILL CONTINUE TO OPERATE ITS LOW POWER DTV FACILITY THROUGHOUT THE CONSTRUCTION AND FULLY INTENDS TO TRANSITION TO ITS FULL POWER DTV OPERATION AS SOON AS PRACTICABLY POSSIBLE THEREAFTER.

AS STATED ABOVE, FULL SUPPORTING DOCUMENTATION WILL BE PROVIDED TO THE COMMISSION IN HARD-COPY FORMAT ON REQUEST. COPIES OF PURCHASE ORDERS ARE ATTACHED TO EXHIBIT 2.





Attachment 1


Exhibit 2
Description:
APPLICANT'S EFFORTS TO COMPLETE CONSTRUCTION

AS INDICATED IN THE PREVIOUS EXHIBIT, WITI-DT HAS BEEN PROVIDING DTV COVERAGE TO ITS COMMUNITY OF LICENSE PURSUANT TO STA (FILE NO. BEDSTA-20021120ACS) SINCE 2002.

APPLICANT'S ONGOING EFFORTS TO COMPLETE CONSTRUCTION ARE DESCRIBED IN EXHIBIT 1 HERETO. COPIES OF PURCHASE ORDERS FOR EQUIPMENT AND COMPLETED WORK ARE ATTACHED HERETO. THE DOCUMENTS HAVE BEEN REDACTED TO OBSCURE PROPRIETARY COST INFORMATION; HOWEVER, THE APPLICANT WILL PROVIDE UNREDACTED COPIES TO THE COMMISSION ON REQUEST, PURSUANT TO A CONFIDENTIALITY ARRANGEMENT. ADDITIONAL DOCUMENTATION WILL BE PROVIDED ON REQUEST, BUT IT IS TOO VOLUMINOUS TO ATTACH TO THIS APPLICATION.

AS STATED THEREIN, THE APPLICANT IS AWAITING A REPORT FROM TEP THAT IT EXPECTS WILL CONFIRM TEC'S RECOMMENDATIONS ABOUT ADDITIONAL STRUCTURAL WORK NECESSARY TO ITS TOWER. AS SOON AS THIS REPORT IS RECEIVED, WITI WILL REQUEST BIDS ON WHATEVER ADDITIONAL TOWER WORK IS RECOMMENDED AND WORK WILL COMMENCE AS SOON AS POSSIBLE THEREAFTER.

Attachment 2
Description
Purchase Orders, part 1
Purchase Orders, part 2
Purchase Orders, part 3
Purchase Orders, part 4
Purchase Orders, part 5


Exhibit 3
Description:
COMPLETION OF CONSTRUCTION

WHILE IT IS IMPOSSIBLE TO PREDICT EXACTLY WHEN CONSTRUCTION WILL BE COMPLETED, WITI ANTICIPATES THAT IT WILL BE ABLE TO GO ON THE AIR WITH ITS FULL POWER DTV FACILITY BY LATE AUGUST OR SEPTEMBER, 2005.

Attachment 3