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 - 20081219ADX
1. Legal Name of the Licensee/Permittee
NEXSTAR BROADCASTING, INC.
Mailing Address
5215 NORTH O'CONNER BLVD
SUITE 1400

City
IRVING
State or Country (if foreign address)
TX
Zip Code
75039 -
Telephone Number (include area code)
9723738800
E-Mail Address (if available)
FCC Registration Number:
0009961889
Call Sign
KBTV-DT
Facility Identifier 
61214
2. Contact Representative (if other than licensee/permittee)
HOWARD LIBERMAN
Firm or Company Name
DRINKER BIDDLE & REATH LLP
Mailing Address
1500 K STREET, NW
SUITE 1100

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2028428876

E-Mail Address (if available)
HOWARD.LIBERMAN@DBR.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: PORT ARTHUR 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. - Expiration Date:
a modification of a DTV construction permit Permit No. BMPCDT-20080305ABQ Expiration Date: 02/17/2009
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: 03/15/2009
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
PERRY SOOK
Typed or Printed Title of Person Signing
PRESIDENT & CEO
Signature
Date
12/19/2008

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 1
Description:
EXTENSION REQUEST

PURSUANT TO SECTION 73.624(D)(3) OF THE COMMISSION'S RULES AND PARAGRAPH 61 OF THE THIRD PERIODIC REVIEW OF THE COMMISSION'S POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION, REPORT AND ORDER, 23 FCC RCD 2994 (2007) ('THIRD PERIODIC REVIEW'), NEXSTAR BROADCASTING, INC. ('NEXSTAR') REQUESTS A BRIEF EXTENSION OF TIME UNTIL MARCH 15, 2009 TO CONSTRUCT THE FINAL, AUTHORIZED DTV FACILITES FOR KBTV.

NEXSTAR IS THE LICENSEE OF 31 FULL-POWER TELEVISION STATIONS, OPERATING IN SMALL TO MID-SIZE MARKETS, AND ALL OF ITS 31 STATIONS ARE OPERATING EITHER FULL-POWER OR LOW-POWER DTV FACILITIES. NEXSTAR HAS DEVOTED, AND CONTINUES TO DEVOTE, SIGNIFICANT COMPANY RESOURCES TO THE SUCCESSFUL TRANSITION OF ITS STATIONS FROM ANALOG TO DIGITAL FACILITIES BY 02/17/2009. TOWARD THIS GOAL, NEXSTAR HAS CONSTRUCTED THE FINAL DTV FACILITIES FOR 17 OF ITS 31 STATIONS. WITHIN THE PAST 24 MONTHS, NEXSTAR HAS CONSTRUCTED 12 OF THESE 17 DTV STATIONS, AND OVER THE NEXT TWO MONTHS, AN ADDITIONAL NINE STATIONS WILL BE FULLY CONSTRUCTED. THE COMPANY'S CONSTRUCTION EFFORTS UNDERSCORE THE SERIOUSNESS OF ITS COMMITMENT TO THE DTV TRANSITION PROCESS.

AFTER EXTENDED AND ULTIMATELY UNSUCCESSFUL NEGOTIATIONS, NEXSTAR WAS UNABLE TO REACH A LEASE AGREEMENT WITH THE OWNER OF THE SITE SPECIFIED IN ITS CURRENT DTV CONSTRUCTION PERMIT (SEE BMPCDT-20080305ABQ).   ACCORDINGLY, NEXSTAR SUBMITTED AN APPLICATION TO REQUEST AUTHORITY TO CONSTRUCT THE POST-TRANSITION FACILITIES FOR KBTV-DT ON A REPLACEMENT TOWER AND IS AWAITING ACTION ON THE APPLICATION (BMPCDT-20081211ACJ) . THIS REPLACEMENT TOWER WILL BE BUILT ON LAND ALREADY OWNED BY NEXSTAR AND WILL BE IMMEDIATELY ADJACENT TO THE TOWER ON WHICH KBTV'S CURRENTLY LICENSED NTSC FACILITIES ARE LOCATED. NO ZONING APPROVALS ARE REQUIRED FOR THIS NEW CONSTRUCTION, BUT THE APPLICATION DID REQUIRE ENVIRONMENTAL ASSESSMENT PROCESSING, WHICH IS NOW COMPLETE. SEE THIRD PERIODIC REVIEW, PARAGRAPH 78 (STATING THAT REQUESTS FOR EXTENSIONS OF TIME TO CONSTRUCT WILL BE CONSIDERED WHERE A STATION IS AWAITING COMMISSION ACTION).

FURTHER, AS A RESULT OF HURRICANE IKE IN SEPTEMBER, 2008, STATION STAFF WERE DIVERTED FROM DTV BUILD OUT AND DEVOTED TO ENSURING THAT ANALOG SERVICE REMAINED IN TACT TO BROADCAST THROUGH THE REMAINDER OF THE TRANSITION PERIOD.

PROVIDED THAT THE PENDING MODIFICATION APPLICATION IS GRANTED PROMPTLY AND GIVEN EQUIPMENT DELIVERY DATES AND TOWER CONSTRUCTION REQUIREMENTS, IT IS ANTICIPATED KBTV-DT WILL BE OPERATIONAL AND AT FULL POWER BY MARCH 15, 2009, FEWER THAN 30 DAYS BEYOND THE END OF THE TRANSITION PERIOD. IN ACCORDANCE WITH THE THIRD PERIODIC REVIEW, KBTV WILL ALSO BROADCAST VIEWER NOTIFICATION AS STIPULATED IN PARAGRAPH 80.

NEXSTAR HEREBY REQUESTS A FURTHER EXTENSION OF SPECIAL TEMPORARY AUTHORITY TO CONTINUE OPERATION OF KBTV-DT WITH THE LOW POWER FACILITIES SPECIFIED IN THE REQUESTS FOR SPECIAL TEMPORARY AUTHORITY PREVIOUSLY FILED WITH AND GRANTED BY THE COMMISSION UNTIL SUCH TIME AS THE STATION'S FULL-POWER DTV FACILITIES ARE CONSTRUCTED (SEE BDSTA-20021115ADC). NEXSTAR ALSO HEREBY REQUESTS EXTENSION OF THE COMMISSION'S 'USE OR LOSE' DEADLINE OUTLINED IN PARAGRAPH 61 OF THE THIRD PERIODIC REVIEW.

Attachment 1


Exhibit 2
Description:
CONSTRUCTION EFFORTS

SEE EXHIBIT 1.

Attachment 2