Federal Communications Commission
Washington, D.C. 20554		 Approved by OMB
3060-1105 (February 2009)
FCC 387
FOR FCC USE ONLY
 
DTV TRANSITION STATUS REPORT

PLEASE READ INSTRUCTIONS BEFORE COMPLETING THIS FORM

 FOR COMMISSION USE ONLY
FILE NO.
BDTRCT - 20080219BCL

NOTE: Each Licensee/Permittee is responsible for the continuing accuracy and completeness of the information furnished in this Form. Each Licensee/Permittee must update this Form, as necessary, until such Licensee/Permittee reports the completion of its transition (i.e., that it has begun operating its full, authorized facility as defined in the post-transition DTV Table, 47 C.F.R. 73.622(i), and accompanying Appendix B).

SECTION I - GENERAL INFORMATION

Licensee/Permittee Information
1. Legal Name of the Licensee/Permittee
APPLE VALLEY BROADCASTING, INC.
Mailing Address
1610 SOUTH 24TH AVENUE
City
YAKIMA 		State or Country (if foreign address)
WA 		ZIP Code
98909 -
Telephone Number (include area code)
5094530351 		E-Mail Address (if available) 
BRIANP@KAPPTV.COM
Contact Information (if different from licensee/permittee)
2. Contact Representative
ROBERT J. RINI, ESQ.
 Firm or Company Name
RINI CORAN, PC
Mailing Address
1615 L STREET, NW
SUITE 1325
City
WASHINGTON		 State or Country (if foreign address)
DC 		ZIP Code
20036 -
Telephone Number (include area code)
2024634301
 E-Mail Address (if available) 
RRINI@RINICORAN.COM
Station / Facility Information
3. FCC Registration Number
0001575497
Call Sign 
KVEW 		Facility ID Number
2495
Community of License: City
KENNEWICK
State
WA
Network Affiliation (if applicable)
ABC		 Satellite?
 Yes   No
Purpose of Form:
4.
a. Status Report
b. Update     
c. Amendment
If an amendment, submit as an Exhibit a listing by Section and Question Number the portions of the pending application that are being revised. [Exhibit 1]

SECTION II - CURRENT STATUS

1.
Currently Assigned Channels:
a. NTSC Channel: 42 
b. Post-Transition DTV Channel:  44
c. Pre-Transition DTV Channel (if different from Post-Transition channel.)
2.
Relevant FCC File No. for Post-Transition Authorization, if on file with Commission (or indicate "Not Yet Filed"):
FCC File No. BMPCDT- 20041101ADY Not Yet Filed
3.
Current Construction Deadline: 02/17/2009



SECTION III - POST-TRANSITION FACILITY (Complete all items unless otherwise indicated.)

1. Operational Status:
Is the Licensee/Permittee now operating its fully authorized final, DTV (post-transition) facility?
Yes No     (If YES, go to Section V; If NO, go to Item 2.)
2. If Item 1 is NO (i.e., not fully operational), then indicate operational status of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects to begin full, authorized post-transition operations: (check one)
(i)
 Licensee/Permittee is operating its post-transition facility pursuant to program test authority; see 47 C.F.R. § 73.1620(a). If checked, indicate date Licensee/Permittee expects to file its license to cover (FCC Form 302) application. Expected Operational Date:
(mm/dd/yyyy)
(ii)
 Licensee/Permittee is operating its post-transition facility pursuant to special temporary authority (STA) or at a reduced facility. If checked, indicate power level and percentage of analog population covered by reduced facility. Power Level
61 kW
Population:
100 %
(iii)
 Licensee/Permittee is not operating its post-transition facility.
3. Construction Status:
Has the Licensee/Permittee completed construction of its final, DTV (post-transition) facility?
Yes No     (If YES, skip Items 4-5 and go to Item 6(a); If NO, go to Item 4.)
4. If Item 3 is NO (i.e., not fully constructed), then indicate construction status of final, DTV (post-transition) facility and indicate date Licensee/Permittee expects to complete construction: (check all that apply)
(i) Licensee/Permittee has not begun construction of its post-transition facility. Expected Construction Date:

(mm/dd/yyyy)
(ii) Licensee/Permittee is now constructing its post-transition facility.
(iii) Licensee/Permittee has constructed a reduced post-transition facility and additional construction is needed to complete Licensee/Permittee's fully authorized facility.
5. Construction Permit Status:
Does the Licensee/Permittee hold a license or construction permit for its final, DTV (post-transition) facility?
Yes No     (If YES, go to Item 6(a); If NO, skip Item 6(a) and go to Item 6(b).)
6.
a. Does the Licensee/Permittee need to modify its license or construction permit in order to match the post-transition facilities defined for the Licensee/Permittee in the new DTV Table of Allotments, 47 C.F.R. § 73.622(i), as adopted in the Seventh Report and Order in MB Docket No. 87-268?
Yes No     (If YES, go to 6(b); If NO, skip Item 6(b) and go to Section IV.)
b. Has the Licensee/Permittee filed an application for a new or modified construction permit for its final, DTV (post-transition) facility? (If YES, indicate relevant FCC File No. and date filed; If NO, indicate date Licensee/Permittee expects to file such application.) (NOTE: To qualify for expedited processing, the Licensee/Permittee must file its application within 45 days of the effective date of the Report and Order in the Third DTV Periodic Review proceeding, MB Docket No. 07-91, as well as meet other criteria established in that proceeding.)
Yes
FCC File No.
 - Filing Date: (mm/dd/yyyy)
No
Expected Filing Date:
 (mm/dd/yyyy)

SECTION IV -- ADDITIONAL STEPS NEEDED TO COMPLETE CONSTRUCTION (For Licensees/Permittees that are not fully constructed or operational.)

At present, Licensee/Permittee has the following needs that must be addressed before it can fully construct and/or operate its final, DTV (post-transition) facility: (check all that apply and for all checked responses, describe issue and estimate date of resolution. If necessary, provide an explanation or attach an Exhibit). [Exhibit 2]
(1) Licensee/Permittee needs to obtain FCC action on a pending application. (If checked, indicate date filed and relevant FCC File No.)
FCC File No. -

Date filed: (mm/dd/yyyy)
(2) Licensee/Permittee needs to obtain international government clearance for its post-transition facility.
(3) Licensee/Permittee needs to obtain FAA approval for its post-transition facility.
(4) Licensee/Permittee needs to obtain state or local governmental approval (e.g., zoning) for its post-transition facility.
(5) Licensee/Permittee needs to obtain, adjust and/or install equipment for its post-transition facility. (If checked, specify need below and indicate when equipment was ordered and expected delivery date.)
(1) New antenna.
(2) Adjust or install antenna (except for side-mount issue).
(3) Switch side-mounted DTV antenna with top-mounted analog antenna.
(4) New transmitter.
(5) Adjust or install transmitter.
(6) General installation of equipment requiring hiring of a tower crew.
(7) Other equipment needs. (If checked, specify.)
(6)
Licensee/Permittee needs to change its tower location or construct a new tower.
(7) Licensee/Permittee needs to coordinate its transition with other broadcast stations. (If checked, specify Call Signs of those other stations.)
(8) Licensee/Permittee has other needs that must be addressed before it can fully construct and operate its post-transition facility. (If checked, explain.)

SECTION V -- ANALOG SERVICE

Status of Analog Service. (Check one.) If necessary, provide an explanation or attach an Exhibit. Note: Full-power television broadcast stations must cease broadcasting in analog as of the transition date (i.e., June 12, 2009), as required by statute; see 47 U.S.C. § 309(j)(14). [Exhibit 3]
(1) Licensee/Permittee will continue to provide full, authorized analog service until the transition date.
(2) Licensee/Permittee has obtained FCC approval to reduce its analog service prior to the transition date. If checked, indicate relevant FCC File No., date reduced service will begin, power level and percentage of population covered by Licensee/Permittee's analog service.
(3) Licensee/Permittee has obtained FCC approval to terminate its analog service prior to the transition date. If checked, indicate relevant FCC File No. and date service will cease.
(4) Licensee/Permittee has filed an application with the FCC requesting approval to reduce its analog service prior to the transition date. If checked, indicate relevant FCC File No., proposed date reduced service would begin, proposed power level and percentage of population that would be covered by Licensee/Permittee's proposed reduced analog service.
(5) Licensee/Permittee has filed an application with the FCC requesting approval to terminate its analog service prior to the transition date. If checked, indicate relevant FCC File No. and proposed date service will cease.

SECTION VI -- DTV TRANSITION PLAN For Licensees/Permittees that are not fully constructed or operational.

Licensee/Permittee must describe in detail its plans for ceasing analog broadcasting by the June 12, 2009 transition date and for completing construction of its post-transition facility by the deadline. For example, plan must include a detailed time line of the Licensee/Permittee's plans to complete construction and any necessary testing of the Licensee/Permittee's full, authorized post-transition facility. [Exhibit 4]

SECTION VII -- ANTI-DRUG ABUSE ACT CERTIFICATION

Filer certifies that neither it nor any party to the form 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

SECTION VIII -- CERTIFICATION

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
BRIAN P. LUBANSKI 		Typed or Printed Title of Person Signing
GENERAL MANAGER
Signature
 Date
02/19/2008

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 4
Description: KVEW DIGITAL TRANSITION STATUS REPORT

APPLE VALLEY BROADCASTING ('AVB') HAS COMPLETED CONSTRUCTION OF A LOW-POWER STA FACILITY TO OPERATE ON POST-TRANSITION CHANNEL 44 (FCC FILE NO. BDSTA-20030707ADQ). A REQUEST FOR EXTENSION OF THIS STA WAS FILED ON NOVEMBER 20, 2007 AND REMAINS PENDING.   AVB FACES A UNIQUE TECHNICAL CHALLENGE BECAUSE IT HAS AUTHORIZATIONS FOR TOP-MOUNTED ANALOG AND FULL-POWER DIGITAL ANTENNAS, WHILE ITS CURRENT STA ANTENNA IS SIDE-MOUNTED; ACCORDINGLY, AVB CURRENTLY HAS A FEBRUARY 17, 2009 CONSTRUCTION DEADLINE FOR ITS FULL AUTHORIZED FACILITIES. SEE THIRD PERIODIC REVIEW OF THE COMMISSION'S RULES AND POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION, REPORT AND ORDER, MB DOCKET NO. 07-91, FCC 07-228 AT 53 (REL. DEC. 31, 2007).

KVEW HAS A PENDING CONSTRUCTION PERMIT (FCC FILE NO. BMPCDT-20041101ADY) TO OPERATE ITS FULL-POWER APPENDIX B DTV FACILITY ON CHANNEL 44. AS A SATELLITE STATION, KVEW IS NOT SUBJECT TO THE JUNE 1, 2006 INTERFERENCE PROTECTION DEADLINE AND IS AFFORDED THE OPPORTUNITY TO FLASH CUT UPON NOTIFICATION TO THE COMMISSION. SEE PUBLIC NOTICE, DTV CHANNEL ELECTION ISSUES -- COMPLIANCE WITH THE JULY 1, 2006 REPLICATION/MAXIMIZATION INTERFERENCE PROTECTION DEADLINE; STATIONS SEEKING EXTENSION OF THE DEADLINE, 21 FCC RCD 6540 (REL. JUNE 14, 2006).

CONSTRUCTION OF KVEW'S POST-TRANSITION DIGITAL FACILITIES HAS BEEN DELAYED BY THE NEED TO PURCHASE AND INSTALL APPROPRIATE TRANSMISSION EQUIPMENT AND HAS FURTHER BEEN DELAYED BY THE NEED TO CONDUCT ENGINEERING STUDIES TO DETERMINE IF THE PRESENT TOWER CAN BE REUSED. AVB EXPECTS THAT THESE STUDIES WILL BE FINALIZED WITHIN THE NEXT 30 DAYS, BUT AVB HAS PRELIMINARILY CONCLUDED THAT A NEW TOWER WILL BE NECESSARY DUE IN PART TO THE WEIGHT OF THE FULL DTV FACILITIES.

IN LIGHT OF THE SIGNIFICANT OPERATIONAL AND FINANCIAL CHALLENGES ASSOCIATED WITH OPERATING THE STATION, AVB EXPECTS TO REQUEST COMMISSION AUTHORITY TO OPERATE A REDUCED FACILITY ON ITS POST-TRANSITION CHANNEL 44 FOR SOME PERIOD AFTER FEBRUARY 17, 2009. AVB EXPECTS TO FILE WITH THE COMMISSION, NO LATER THAN APRIL 30, 2008, A REQUEST FOR SPECIAL TEMPORARY AUTHORITY TO OPERATE THIS REDUCED FACILITY. AVB'S ENGINEERING REVIEW OF SUCH A PROPOSAL IS ONGOING.

AVB HAS PLACED DEPOSITS ON TRANSMITTER POWER MODULES AND ENGINEERING SERVICES IN CONNECTION WITH THE NEW TRANSMITTER. AVB ALSO HAS PLACED A DEPOSIT ON A NEW DTV TOP- MOUNT ANTENNA AND 3 AND 1/8 TRANSMISSION LINE. AVB IS IN DISCUSSIONS WITH A TOWER CONTRACTOR AND ENGINEERING FIRM IN CONNECTION WITH THE REPLACEMENT TOWER. ADDITIONAL LOCAL APPROVAL MAY BE REQUIRED.

AVB PROJECTS THAT WHILE DIGITAL OPERATIONS WOULD CONTINUE WITH ITS REDUCED FACILITY, COMPLETION OF CONSTRUCTION OF THE FULL-POWER FACILITY WOULD BE COMPLETED DURING JUNE-JULY OF 2009. THIS IS DUE IN PART TO THE DIFFICULTIES ASSOCIATED WITH CONSTRUCTION IN THE KENNEWICK, WASHINGTON AREA DURING THE WINTER MONTHS.

AT PRESENT, AVB INTENDS TO CONTINUE ANALOG AND DIGITAL BROADCASTING FOR KVEW-TV UNTIL FEBRUARY 17, 2009, AT WHICH TIME ANALOG OPERATIONS WILL CEASE. THERE ARE NO CURRENT PLANS FOR EARLY TERMINATION OF ANALOG OPERATIONS FOR KVEW-TV.

Attachment 4