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 - 20080312ACM

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
EDUCATIONAL BROADCASTING FOUNDATION, INC.
Mailing Address
3330 N. CAUSEWAY BLVD., SUITE 345

City
METAIRIE
State or Country (if foreign address)
LA
ZIP Code
70002 -
Telephone Number (include area code)
5048303729
E-Mail Address (if available) 
DOUG.CURRY@WLAE.COM
Contact Information (if different from licensee/permittee)
2. Contact Representative
CHARLES L. SPENCER
Firm or Company Name
HEBERT, SPENCER, CUSIMANO & FRY, LLP
Mailing Address
701 LAUREL STREET

City
BATON ROUGE
State or Country (if foreign address)
LA
ZIP Code
70802 - 5692
Telephone Number (include area code)
2253442601
E-Mail Address (if available) 
CLSATTY@AOL.COM
Station / Facility Information
3. FCC Registration Number
0001718832
Call Sign 
WLAE-TV
Facility ID Number
18819
Community of License: City
NEW ORLEANS

State
LA

Network Affiliation (if applicable)
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: 32 
b. Post-Transition DTV Channel:  31
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. BLEDT- 20050131ACD 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: 02/17/2009
(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
107 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:
01/23/2009
(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.
BMPEDT-20080312ACH Filing Date: 03/12/2008 (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
RON YAGER
Typed or Printed Title of Person Signing
VICE PRESIDENT AND GENERAL MANAGER
Signature
Date
09/16/2008

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 1
Description:
RESPONSE TO SECTION I, ITEM 4C -- PURPOSE OF FORM

THE FOLLOWING ITEMS IN THE PENDING FCC FORM 387 APPLICATION ARE BEING REVISED BY THIS AMENDMENT:

A. SECTION III

1. ITEM 2 TO SUPPLY THE EXPECTED OPERATIONAL DATE OF 02/17/2009.

2. ITEM 4 TO SUPPLY THE EXPECTED CONSTRUCTION DATE OF 02/17/2009.

3. ITEM 5 TO UPDATE THE INFORMATION ORIGINALLY PROVIDED.

4. ITEM 6 TO UPDATE THE INFORMATION ORIGINALLY PROVIDED.

B. SECTION IV

1. ITEM (1)TO UPDATE THE INFORMATION ORIGINALLY PROVIDED.

C. EXHIBIT 2 TO UPDATE THE INFORMATION ORIGINALLY PROVIDED.

Attachment 1


Exhibit 2
Description:
RESPONSE TO SECTION IV, ITEM (1) -- NEEDS TO BE ADDRESSES

UNIQUE TECHNICAL CHALLENGES PREVENT EDUCATIONAL BROADCASTING FOUNDATION, INC. ('EBFI'), LICENSEE OF NON-COMMERCIAL EDUCATIONAL ('NCE') STATION WLAE, CHANNEL 32, AND PERMITTEE OF WLAE-DT, CHANNEL 31, EACH NEW ORLEANS, LA ('WLAE' OR THE 'STATION'), FROM COMPLETING CONSTRUCTION OF ITS FULL AUTHORIZED POST-TRANSITION DTV FACILITIES UNTIL JANUARY 23, 2009 AND THEIR BECOMING FULLY OPERATIONAL BY THE END OF ANALOG SERVICE ON FEBRUARY 17, 2009.

THE COMMISSION, IN ITS THIRD PERIODIC REVIEW IN MB DOCKET NO. 07-9 WHICH ISSUED ON DECEMBER 31, 2007, STATED AT PARAGRAPH 53 THAT STATIONS MUST DOCUMENT THEIR STATUS AS A STATION FACING A 'UNIQUE TECHNICAL CHALLENGE' BY SPECIFYING SUCH STATUS IN THEIR THEIR TRANSITION STATUS REPORTS (FORM 387). EBFI HEREBY COMPLIES WITH THAT REQUIREMENT AND HAS LIKEWISE SPECIFIED IT IN A FORM 340 APPLICATION FOR FULL AUTHORIZED POST-TRANSITION DTV FACILITIES, AS NOTED BELOW.

INITIALLY, HOWEVER, EBFI HEREBY REURGES THE EARLIER WRITTEN REQUEST SUBMITTED BY ITS LEGAL COUNSEL FOR AUTHORITY TO FILE THIS FCC FORM 387 OUT OF TIME. ITS LEGAL COUNSEL UNDERWENT SURGERY ON FEBRUARY 14, 2008, FROM WHICH SERIOUS POST-OPERATIVE COMPLICATIONS UNEXPECTEDLY DEVELOPED THAT PRECLUDED HIS ABILITY TO RETURN TO WORK UNTIL FEBRUARY 26, 2008. THAT TURN OF EVENTS PRECLUDED HIM FROM PREPARING AND TIMELY FILING AN FCC FORM 387 ON BEHALF OF EBFI BY THE FEBRUARY 19, 2008 DEADLINE. AS ADDITIONAL TIME WAS REQUIRED WITHIN WHICH TO FINALIZE AND FILE AN FCC FORM 387 ON BEHALF OF EBFI, EBFI'S COUNSEL SUBMITTED A WRITTEN REQUEST DATED FEBRUARY 26, 2008 TO THE COMMISSION TO OBTAIN APPROVAL FOR EBFI TO FILE AN FCC FORM 387 OUT OF TIME. SUBSEQUENTLY, OVER THE WEEKEND OF MARCH 1-2, THE LAW OFFICES OF EBFI'S COUNSEL WERE FLOODED. DAMAGES FROM THE FLOODING ARE ESTIMATED TO EXCEED $70,000, RENDERED HIS OFFICES ESSENTIALLY UNUSABLE UNTIL MARCH 7, 2008 AND ADVERSELY AFFECTED HIS ELECTRONIC EQUIPMENT LOCATED THEREIN.

EBFI HAD CONSTRUCTED WLAE'S COMPLETED CERTIFIED DTV FACILITIES BY THE TIME OF THEIR TOTAL DESTRUCTION BY HURRICANE KATRINA IN AUGUST 2005. THAT CATASTROPHE KNOCKED THE STATION OFF THE AIR FOR MORE THAN A YEAR. IN ORDER FOR IT TO RETURN ON AIR, EBFI OBTAINED COMMISSION AUTHORITY TO LOWER ITS AUTHORIZED ANALOG EFFECTIVE RADIATED POWER FROM 55 KW TO 15 KW. EBFI THEN USED THE LIMITED FEDERAL AND PRIVATE GRANTS WHICH IT RECEIVED FOLLOWING HURRICANE KATRINA IN THE MOST EFFICIENT AND FISCALLY-RESPONSIBLE MANNER POSSIBLE BY REPLACING WLAE'S ANALOG OPERATING FACILITIES WITH AN AXCERA INNOVATOR HU-15KA NTSC ANALOG TRANSMITTER THAT CAN BE REPROGRAMMED BY ITS MANUFACTURER TO OPERATE AS A DIGITAL TRANSMITTER FOLLOWING THE STATION'S TERMINATION OF ANALOG TRANSMISSIONS.

MAXIMUM FACILITIES OF 200 KW ERP WERE SPECIFIED FOR WLAE IN THE POST-TRANSITION DTV TABLE APPENDIX B OF THE 7TH REPORT & ORDER IN MB DOCKET 87-268, RELEASED ON AUGUST 6, 2007. HOWEVER, THE STATION'S CP AT THE TIME OF ISSUANCE OF THE THIRD PERIODIC REPORT IN MB DOCKET 07-91 ON DECEMBER 31, 2007, SPECIFIED MAXIMUM FACILITIES OF 117 KW ERP, WHICH OBVIOUSLY DO NOT MATCH THOSE SPECIFIED FOR IT IN THE DTV TABLE APPENDIX B. ACCORDINGLY, EBFI PROMPTLY OBTAINED MODIFICATION OF ITS CP TO SPECIFY MAXIMUM FACILITIES OF 200 KW ERP (BMPEDT-20080312ACH).

WLAE IS CURRENTLY CONDUCTING FULL DIGITAL OPERATIONS TWENTY FOUR HOURS A DAY, SEVEN DAYS A WEEK, ON THREE (3) CHANNELS OF DIGITAL PROGRAMMING USING AN AXCERA INNOVATOR HU7500AD DIGITAL TRANSMITTER OPERATING AT 107 KW ERP. THE AXCERA INNOVATOR HU-15KA MUST BE REPROGRAMMED FOR DIGITAL OPERATIONS AND COMBINED WITH THE AXCERA INNOVATOR HU7500AD DIGITAL TRANSMITTER TO PROVIDE WLAE WITH SUFFICIENT DIGITAL TRANSMITTER CAPACITY TO BROADCAST AT 200 KW ERP. PRIOR TO THAT CONVERSION, IT LACKS SUFFICIENT DIGITAL TRANSMITTER CAPACITY TO BROADCAST AT ITS FINAL POST-TRANSITION FACILITIES WITHOUT ANALOG SERVICE INTERRUPTION.

IN ORDER TO MINIMIZE THE DIFFICULTY AND DELAY REQUIRED TO ACHIEVE DIGITAL CONVERSION WHEN ANALOG SERVICE IS ENDED, EBFI ACQUIRED A HYBRID COMBINER FOR THE 2 TRANSMITTERS AT THE TIME THAT IT PURCHASED THE AXCERA INNOVATOR HU-15KA. EBFI HAS ALSO CAUSED THE TRANSMITTER MANUFACTURER, AXCERA, INC., TO SCHEDULE ITS FIELD ENGINEERS TO BEGIN THE CONVERSION NO LATER THAN JANUARY 19, 2009. THAT WORK, WHICH WILL CONSIST OF ENGINEERING MODIFICATIONS, AMPLIFIER BALANCING AND RE-CALIBRATION AND PROOF OF PERFORMANCE, IS ESTIMATED TO TAKE FIVE (5) WORK DAYS TO COMPLETE.

CURRENT AND CONTINUED OPERATION OF THE STATION'S ANALOG SERVICE THUS PREVENTS COMPLETION OF CONSTRUCTION OF WLAE'S FULL AUTHORIZED POST-TRANSITION FACILITIES. CONVERSION OF THE PRESENT ANALOG TRANSMITTER PRIOR TO FEBRUARY 17, 2009 WILL CAUSE PREMATURE TERMINATION OF ANALOG SERVICE BY WLAE TO ITS EXISTING VIEWERS. EBFI IS THUS REQUIRED TO OPERATE USING THIS CONFIGURATION UNTIL THE LAST DAYS OF AUTHORIZED ANALOG SERVICE, AT WHICH TIME AXCERA, INC. WILL INCREASE WLAE'S DTV OPERATIONS TO FULL POWER USING BOTH TRANSMITTERS. EBFI HAS MADE ALL NECESSARY ARRANGEMENTS FOR THIS INCREASE TO BE ACCOMPLISHED EFFICIENTLY AND EFFECTIVELY, AS NOTED ABOVE.

THE COMMISSION IN ITS CONSTRUCTION DEADLINE EXTENSION ORDER, 22 FCC RCD 9789 (2007) AT PARAGRAPHS 82-87, RECOGNIZED THAT SITUATIONS SIMILAR TO THE ONE FACED BY WLAE INVOLVE UNIQUE TECHNICAL CHALLENGES. THE SITUATION ADDRESSED THERE THAT IS MOST ANALOGOUS TO WLAE'S PRESENT CIRCUMSTANCES IS CONTAINED IN PARAGRAPH 87 CONCERNING NCE STATION WMFE-DT, ORLANDO, FL, WHICH MUST USE A COMMON ANTENNA FOR ITS ANALOG AND DIGITAL OPERATIONS UNTIL THE END OF THE DTV TRANSITION WHEN IT WILL NO LONGER BE OPERATING ITS ANALOG FACILITY. OTHER FCC-APPROVED INSTANCES INCLUDE STATIONS DESCRIBED IN PARAGRAPH 83 WHICH HAVE ELECTED THEIR RESPECTIVE EXISTING ANALOG CHANNELS AS THEIR POST-TRANSITION DTV CHANNELS AND HAVE PROPOSED USING THEIR EXISTING ANALOG STRUCTURES AS THE STRUCTURES FOR THEIR DTV FACILITIES. WLAE'S CIRCUMSTANCES ARE ALSO ANALOGOUS TO THOSE OF KEYT-DT AND OTHER STATIONS DESCRIBED IN THE COMMISSION'S USE OR LOSE ORDER, 22 FCC RCD 9751 (2007) AT PARAGRAPHS 105 AND FOLLOWING. THEY ARE PREVENTED BY PHYSICAL LIMITATIONS FROM HAVING SUFFICIENT POWER TO OPERATE AT THEIR CERTIFIED LEVELS UNTIL ANALOG OPERATIONS ARE DISCONTINUED, WHEN ADDITIONAL POWER WILL BE AVAILABLE TO OPERATE THEIR FULL DTV FACILITIES.

THE COMMISSION HAS GRANTED EBFI IN CONSTRUCTION PERMIT NO. BMPEDT-20080312ACH UNTIL FEBRUARY 17, 2009 BY WHICH TO COMPLETE CONSTRUCTION OF THE STATION'S FULL AUTHORIZED POST-TRANSITION DTV FACILITIES. EBFI WILL THEREFORE NEED AUTHORITY TO TERMINATE ITS ANALOG SERVICE PRIOR TO FEBRUARY 17, 2009 IN ORDER TO PROVIDE FULL AUTHORIZED POST-TRANSITION DTV FACILITIES TIMELY AS REQUIRED BY THE COMMISSION.






Attachment 2


Exhibit 3
Description:
RESPONSE TO SECTION V, ITEM (1) -- ANALOG SERVICE STATUS

THE LICENSEE MAY BE REQUIRED TO TERMINATE ANALOG SERVICE PRIOR TO FEBRUARY 17, 2009, IN ORDER TO ACHIEVE FULL AUTHORIZED POST-TRANSITION DTV FACILITIES BY CONVERTING ITS AXCERA INNOVATOR HU-15KA NTSC ANALOG TRANSMITTER TO OPERATE AS A DIGITAL TRANSMITTER BY THE TRANSITION DATE. A COMPLETE DISCUSSION OF THIS ISSUE IS CONTAINED IN EXHIBIT 2.

Attachment 3


Exhibit 4
Description:
RESPONSE TO SECTION VI - CESSATION OF ANALOG BROADCASTING

SEE EXHIBIT 2.

Attachment 4