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.
BDTRET - 20080213ACA

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
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
Mailing Address
172 NORTHEAST 15TH STREET
City
MIAMI 		State or Country (if foreign address)
FL 		ZIP Code
33132 -
Telephone Number (include area code)
3059952259 		E-Mail Address (if available) 
Contact Information (if different from licensee/permittee)
2. Contact Representative
JOSEPH A. BELISLE
 Firm or Company Name
Mailing Address
1 SE 3RD AVE.
STE. 1450
City
MIAMI		 State or Country (if foreign address)
FL 		ZIP Code
33131 -
Telephone Number (include area code)
3055301322
 E-Mail Address (if available) 
JABELISLE@BROADLAW.COM
Station / Facility Information
3. FCC Registration Number
0004998118
Call Sign 
WLRN-TV 		Facility ID Number
66358
Community of License: City
MIAMI
State
FL
Network Affiliation (if applicable)
PBS		 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: 17 
b. Post-Transition DTV Channel:  20
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. BEPEDT- 20071026AAA Not Yet Filed
3.
Current Construction Deadline: 05/18/2008



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
198 kW
Population:
99.9 %
(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:
05/09/2008
(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
JOHN LABONIA 		Typed or Printed Title of Person Signing
GENERAL MANAGER
Signature
 Date
02/13/2008

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 2
Description: CONSTRUCTION STATUS

THE FACTS ARE:

1. THE SCHOOL BOARD CONTRACTED WITH TARAFA CONSTRUCTION FOR A NEW TURN-KEY BROADCAST FACILITY FOR WLRN FM AND DT, INCLUDING A NEW 1000 FOOT TOWER, NEW ANTENNAS, NEW TRANSMISSION LINE, NEW TRANSMITTERS, AND A NEW TRANSMITTER BUILDING.

2. IN MARCH 2003, THE NEW WLRN-DT FACILITIES WERE OPERATIONAL AND THE SCHOOL BOARD FILED FOR A LICENSE FOR THOSE FACILITIES, BLEDT-20030311AEF. THESE NEW FACILITIES (625 KW AT 301 M HAAT) ARE THE FACILITIES LISTED IN APPENDIX B TO THE SEVENTH REPORT AND ORDER AND EIGHTH FURTHER NOTICE OF PROPOSED RULE MAKING, MB DOCKET NO. 87-268, 22 FCC RCD 15581 (2007). THEY WERE INTENDED TO BE THE POST-TRANSITION FACILITIES OF WLRN-DT.

3. THE WLRN-DT LICENSE APPLICATION WAS GRANTED APRIL 28, 2003.

3. THE SCHOOL BOARD AND TARAFA CONSTRUCTION COULD NOT AGREE ON WHETHER THE TURN KEY FACILITIES CONSTRUCTED BY TARAFA FULFILLED THE TERMS OF THE CONSTRUCTION CONTRACT. THE SCHOOL BOARD WITHHELD MONEY FROM TARAFA CONSTRUCTION UNTIL THE WORK WAS COMPLETED TO THE SCHOOL BOARD'S SATISFACTION.

4. ON JANUARY 12, 2004, THE WLRN-DT ANTENNA WAS DESTROYED. THE SCHOOL BOARD TOOK THE POSITION THAT REPLACEMENT OF THAT DESTROYED ANTENNA WAS REQUIRED BY THE TERMS OF WARRANTIES INCLUDED IN THE TARAFA CONSTRUCTION PROJECT.

5. ON JANUARY 13, 2004, TARAFA CONSTRUCTION FILED SUIT AGAINST THE SCHOOL BOARD WITH RESPECT TO THE CONTRACT FOR CONSTRUCTION OF WLRN FM AND DT'S NEW FACILITIES, A LAWSUIT THAT CONTINUES TO THIS DAY AND INCLUDES THE ISSUE OF RESPONSIBILITY FOR THE DESTRUCTION OF THE DTV ANTENNA.

6. ON APRIL 30, 2004, THE SCHOOL BOARD FILED AN STA REQUEST TO OPERATE WLRN-DT WITH 198 KW ERP FROM AN EMERGENCY ANTENNA WITH A CENTER OF RADIATION 850.5 FEET (259.23 M) AAT. THESE ARE THE FACILITIES WLRN-DT IS PRESENTLY OPERATING. KESSLER & GEHMEN, THE STATION'S ENGINEERS, INFORM US THAT THE WLRN-DT STL FACILITY SERVES 99.989 PERCENT OF THE POPULATION SERVED BY ANALOG STATION WLRN-TV.

7. THE MANUFACTURER OF WLRN-DT'S ORIGINAL ANTENNA WAS PURCHASED BY DIELECTRIC COMMUNICATIONS, A DIVISION OF SPX CORPORATION. DIELECTRIC NO LONGER MANUFACTURES THE ORIGINAL WLRN-DT ANTENNA AND WILL NOT WARRANT REPAIRS TO THE ORIGINAL ANTENNA. SO WLRN-DT IS UNABLE TO REPLACE THE ORIGINAL WLRN-DT ANTENNA WITH AN IDENTICAL ANTENNA.

8. ON JUNE 12, 2006, WLRN-DT FILED FOR A CONSTRUCTION PERMIT TO REPLACE THE ORIGINAL WLRN-DT ANTENNA WITH A DIELECTRIC ANTENNA DESIGNED TO REPLICATE, TO THE GREATEST EXTENT POSSIBLE, THE ANTENNA PATTERN OF THE ORIGINAL ANTENNA. OPERATING WITH THE NEW ANTENNA, WLRN-DT WILL SERVE 99.757 PERCENT OF THE LAND AREA AND 99.888 PERCENT OF THE POPULATION SERVED BY THE ORIGINAL, LICENSED WLRN-DT FACILITIES.

9. ON FEBRUARY 16, 2007, THE FCC GRANTED WLRN-DT A CONSTRUCTION PERMIT TO REBUILD THE STATION WITH THE NEW ANTENNA. THIS MODIFICATION OF THE ORIGINAL LICENSED WLRN-DT FACILITIES WILL BE THE WLRN-DT FACILITIES OPERATING POST-TRANSITION.

10. PETITIONS FOR RECONSIDERATION OF THE SEVENTH REPORT AND ORDER AND EIGHTH FURTHER NOTICE OF PROPOSED RULE MAKING, MB DOCKET NO. 87-268 WERE DUE TO BE FILED OCTOBER 10, 2007. WLRN-DT DID NOT RECOGNIZE THAT THE ANTENNA ID NUMBER FOR ITS FACILITIES HAD CHANGED, AND DID NOT FILE FOR RECONSIDERATION OF THE ANTENNA ID NUMBER SPECIFIED APPENDIX B UNTIL JANUARY 2, 2008. A COPY OF THIS PETITION FOR RECONSIDERATION IS ATTACHED HERETO.

11. THE NEW WLRN DTV ANTENNA IS TO BE ACQUIRED FROM DIELECTRIC THROUGH A PARTIAL SETTLEMENT OF THE LITIGATION SURROUNDING THE CONSTRUCTION OF WLRN-DT'S NEW FACILITIES. THE SCHOOL BOARD AND DIELECTRIC, THROUGH THEIR COUNSEL, HAVE NEGOTIATED A SETTLEMENT AGREEMENT THAT INVOLVES PAYMENTS TO DIELECTRIC IN EXCHANGE FOR (A) MANUFACTURING, DELIVERING AND INSTALLING THE NEW DTV ANTENNA; (B) REPLACING THE DTV TRANSMISSION LINE ABOVE THE LEVEL OF THE TEMPORARY DTV ANTENNA THAT WLRN-DT IS PRESENTLY USING TO OPERATE; AND (C) REINFORCING THE WLRN-DT TOWER TO MEET NEW TOWER CODE REQUIREMENTS FOR SOUTH FLORIDA. THE SETTLEMENT AGREEMENT MUST BE APPROVED BY THE SCHOOL BOARD MEMBERS, THEMSELVES, AT THEIR REGULARLY SCHEDULED MEETING IN MARCH, 2008, BECAUSE IT INVOLVES A PARTIAL SETTLEMENT OF LITIGATION.    DIELECTRIC ESTIMATES THAT THE ANTENNA CAN BE DELIVERED TO THE WLRN-DT TOWER SITE BY MAY 2, 2008. THIS SHOULD ALLOW THE FINAL WLRN-DT POST-TRANSITION FACILITIES TO BE OPERATING BEFORE EXPIRATION OF THE WLRN-DT CONSTRUCTION PERMIT.


Attachment 2
Description
Petition for Reconsideration

Exhibit 4
Description: CONSTRUCTION PLAN

LICENSEE EXPECTS TO EXECUTE THE SETTLEMENT AGREEMENT WITH DIELECTRIC AFTER THE SCHOOL BOARD MEETING IN MARCH, 2008. DIELECTRIC PLANS TO DELIVER THE DTV ANTENNA TO LICENSEE ON OR BEFORE MAY 2, 2008. IT IS EXPECTED THAT THE ANTENNA WILL BE INSTALLED BY MAY 9, 2008, LEAVING THE WEEK OF MAY 12, 2008 TO TEST AND ADJUST THE DTV TRANSMISSION FACILITIES AND TO APPLY FOR THE WLRN-DT LICENSE.
Attachment 4