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 - 20060406ABW
1. Legal Name of the Licensee/Permittee
ORTIZ BROADCASTING CORPORATION
Mailing Address
OFFICE OF TRUSTEE
700 LOUISIANA SUITE 4600

City
HOUSTON
State or Country (if foreign address)
TX
Zip Code
77002 - 2732
Telephone Number (include area code)
7132221470
E-Mail Address (if available)
BFLOYD@MUNSCH.COM
FCC Registration Number:
0003750643
Call Sign
KTRG-DT
Facility Identifier 
55762
2. Contact Representative (if other than licensee/permittee)
JAMES A. STENGER
Firm or Company Name
THELEN REID & PRIEST LLP
Mailing Address
701 EIGHTH STREET,. N.W.
SUITE 800

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
2000 -
Telephone Number (include area code)
2025084308

E-Mail Address (if available)
JSTENGER@THELENREID.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: DEL RIO State: TX
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-19991101AEN Expiration Date: 05/10/2006
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: 11/11/2006
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
BEN B. FLOYD
Typed or Printed Title of Person Signing
TRUSTEE
Signature
Date
04/06/2006

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:
KTRG-DT SECOND EXTENSION REQUEST EXHIBIT 1

KTRG-DT, DEL RIO, TEXAS IS LICENSED TO ORTIZ BROADCASTING CORPORATION (OBC). KTRG IS IN THE SAN ANTONIO, TX DMA AND DOES NOT CARRY ANY OF THE MAJOR NETWORKS. THE LICENSEE OBC IS IN CHAPTER 7 BANKRUPTCY IN U.S. BANKRUPTCY COURT, SD TX, PETITION 02-21146. THE FCC APPROVED THE TRANSFER OF CONTROL OF OBC TO BEN B. FLOYD, ESQ. AS TRUSTEE IN FCC FILE NO. BTCCT-20050323ADQ. OBC DOES NOT HAVE SUFFICIENT INCOME OR ASSETS TO CONSTRUCT THE DTV FACILITIES. THE TRUSTEE HAS OBTAINED BANKRUPTCY COURT APPROVAL TO SELL KTRG AND KTRG-DT. AN APPLICATION FOR APPROVAL OF THE ASSIGNMENT OF LICENSE IS PENDING IN FILE NO. BAPLCT-20060120ABR. OBC HAS BEEN ADVISED THAT THE APPLICATION IS READY FOR GRANT BUT FOR A REDLIGHT ISSUE REGARDING UNPAID REGULATORY FEES. A REQUEST FOR DEFERMENT OF REGULATORY FEES IS PENDING BEFORE THE OMD. THE REQUESTED EXTENSION WILL ALLOW TIME FOR THE FCC TO RESOLVE THE REGULATORY FEE MATTER AND GRANT THE ASSIGNMENT OF LICENSE AND FOR THE BUYER TO CONSTRUCT THE DTV FACILITIES. ACCORDINGLY, THE GRANT OF THE REQUESTED EXTENSION WILL SERVE THE PUBLIC INTEREST IN GETTING THE STATION ON THE AIR AS SOON AS POSSIBLE GIVEN THE CIRCUMSTANCES.

Attachment 1


Exhibit 2
Description:
KTRG-DT SECOND EXTENSION REQUEST EXHIBIT 2

THE TRUSTEE HAS WORKED DILIGENTLY DURING THE FIRST EXTENSION PERIOD TOWARD THE CONSTRUCTION OF THE DTV FACILITY. AT THE TIME OF GRANT OF THE FIRST EXTENSION THE TRUSTEE HAD OBTAINED COURT APPROVAL TO HIRE A BROKER TO SELL KTRG AND KTRG-DT BUT HAD NOT LOCATED A BUYER. DURING THE FIRST EXTENSION PERIOD, THE TRUSTEE LOCATED A BUYER, NEGOTIATED A SALES CONTRACT, OBTAINED BANKRUPTCY COURT APPROVAL OF THE SALE AND FILED AN APPLICATION FOR APPROVAL OF THE ASSIGNMENT OF LICENSE THAT IS PENDING IN FILE NO. BAPLCT-20060120ABR. THE PUBLIC NOTICE PERIOD HAS BEEN COMPLETED AND THE TRUSTEE HAS BEEN ADVISED THAT THE APPLICATION IS READY FOR GRANT BUT FOR A PENDING REDLIGHT ISSUE, AS DISCUSSED IN EXHIBIT 1 HEREOF.   

Attachment 2