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 - 20090129ACC
1. Legal Name of the Licensee/Permittee
CHANNEL 12 OF BEAUMONT, INC.
Mailing Address
525 INTERSTATE HIGHWAY 10 SOUTH

City
BEAUMONT
State or Country (if foreign address)
TX
Zip Code
77701 -
Telephone Number (include area code)
4098337512
E-Mail Address (if available)
FCC Registration Number:
0006587307
Call Sign
KBMT-DT
Facility Identifier 
10150
2. Contact Representative (if other than licensee/permittee)
ROBERT B. JACOBI, ESQ.
Firm or Company Name
COHN AND MARKS LLP
Mailing Address
1920 N STREET, N.W.
SUITE 300

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 - 1622
Telephone Number (include area code)
2024524810

E-Mail Address (if available)
ROBERT.JACOBI@COHNMARKS.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: BEAUMONT 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-20080616AEJ 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: 11/12/2011
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
STEPHEN P. SADLER
Typed or Printed Title of Person Signing
SECRETARY
Signature
Date
01/27/2009

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:
EXHIBIT 1 - ADDITIONAL TIME TO CONSTRUCT

STATION KBMT-TV OPERATES ON ANALOG CHANNEL 12. STATION KBMT-DT OPERATES ON PRE-TRANSITION CHANNEL 50 AND WILL OPERATE ON POST-TRANSITION CHANNEL 12. THE REASON FOR REQUESTING AN EXTENSION IS THAT THE OUTSTANDING MAXIMIZED CONSTRUCTION PERMIT BEARS AN EXPIRATION DATE OF FEBRUARY 17, 2009. ALTHOUGH THE LICENSEE HAS BEEN GRANTED AN STA TO CONTINUE OPERATION ON PRE-TRANSITION CHANNEL 50 TO AUGUST 18, 2009 AND TO . . .COMPLETE CONSTRUCTION OF ITS FULL AUTHORIZED POST-TRANSITION FACILITIES. . . UNTIL AUGUST 18, 2009, THE FORESEEABLE EXPIRATION DATE OF THE MAXIMIZED CONSTRUCTION PERMIT IS NOT CLEAR. THE SIGNIFICANT FACTS ARE AS FOLLOWS:

1.KBMT-DT INITIALLY WAS GRANTED A CONSTRUCTION PERMIT (CONSISTENT WITH FACILITIES SPECIFIED IN APPENDIX B) ON APRIL 16, 2008 (BPCDT-20080317ABX) BEARING THE EXPIRATION DATE FEBRUARY 17, 2009;

2.AN APPLICATION FOR MODIFICATION OF THE OUTSTANDING CONSTRUCTION PERMIT (MAXIMIZED APPLICATION) WAS INITIALLY GRANTED ON NOVEMBER 12, 2008 WITH A SPECIAL CONDITION AND RE-ISSUED ON DECEMBER 19, 2008 WITHOUT A CONDITION (BMPCDT-20080616ABJ).1/   THE MAXIMIZED CONSTRUCTION PERMIT BEARS A FEBRUARY 17, 2009 EXPIRATION DATE AND REPLACES THE INITIAL CONSTRUCTION PERMIT ISSUED IN APRIL, 2008;

3.AN ENGINEERING STA PERMITTING DT OPERATION ON THE LICENSEES PRE-TRANSITION CHANNEL (CHANNEL 50) UNTIL AUGUST 18, 2009 WAS GRANTED ON SEPTEMBER 29, 2008 (BDSTA-20080818ACE);

4.THE COMMISSION SEPTEMBER 29, 2008 STA GRANT LETTER STATED: THEREFORE, THE PUBLIC INTEREST WILL BE SERVED BY A GRANT OF YOUR REQUEST. WHEREFORE, THE DEADLINE BY WHICH KBMT-DT MUST COMPLETE CONSTRUCTION OF ITS FULL AUTHORIZED POST-TRANSITION FACILITIES IS EXTENDED UNTIL AUGUST 18, 2009. WHILE A REVISED CONSTRUCTION PERMIT FOR OPERATION ON CHANNEL 12 REFLECTING THE NEW DATE WAS NOT ISSUED, CDBS WAS REVISED TO REFLECT AUGUST 18, 2009 AS THE EXPIRATION DATE OF THE ORIGINAL CONSTRUCTION PERMIT;

5.THE MAXIMIZED CONSTRUCTION PERMIT (GRANTED AFTER THE STA GRANT) REPORTED ON CDBS CONTINUES TO REFLECT FEBRUARY 17, 2009 AS THE EXPIRATION DATE;

6.IN RESPONSE TO AN E-MAIL QUESTION TO THE STAFF RELATING TO AN EXTENSION OF THE MAXIMIZED CONSTRUCTION PERMIT, THE DECEMBER 15, 2008 RESPONSE WAS AS FOLLOWS:

IF A LICENSEE CONSTRUCTS ITS APPENDIX B FACILITY ON OR BEFORE FEBRUARY 17, 2009 AND FILE A LICENSE APPLICATION COVERING CONSTRUCTION, ITS MAXIMIZED CP WILL BE EXTENDED FOR A PERIOD OF 3 YEARS FROM THE DATE OF THE ORIGINAL GRANT. (COPY ATTACHED)

7.THE MAXIMIZED CONSTRUCTION PERMIT (A MODIFICATION OF THE ORIGINAL CONSTRUCTION PERMIT) REPLACED THE ORIGINAL APPENDIX B CONSTRUCTION PERMIT. CONSEQUENTLY, A LICENSE APPLICATION FOR THE APPENDIX B FACILITY (THE ORIGINAL CONSTRUCTION PERMIT) CANNOT BE FILED;

8.THE LICENSEES POST-TRANSITION CHANNEL (CHANNEL 12) IS NOW USED FOR ANALOG OPERATION AND WILL CONTINUE TO BE USED FOR ANALOG OPERATION UNTIL 11:59 P.M. ON FEBRUARY 17, 2009. CONSEQUENTLY, THE APPENDIX B FACILITY CANNOT BE CONSTRUCTED ON OR BEFORE FEBRUARY 17, 2009.

THE LICENSEE EXPECTS TO COMMENCE ITS POST-TRANSITION CHANNEL 12 OPERATION IN LATE-FEBRUARY/EARLY-MARCH, 2009. THE TRANSMITTER WILL OPERATE WITH POWER IN EXCESS OF THE APPENDIX B FACILITY BUT LESS THAN THE POWER SPECIFIED IN THE MAXIMIZED CONSTRUCTION PERMIT. SINCE THERE IS NO LONGER AN APPENDIX B CONSTRUCTION PERMIT, THE LICENSEE WILL FILE A REQUEST FOR AN STA TO COVER THE AFORESAID OPERATION NO LATER THAN EARLY FEBRUARY, 2009.2/

THE PROPOSED INITIAL KBMT-DT, CHANNEL 12 FACILITY ESSENTIALLY EQUATES TO THE APPENDIX B FACILITY AND WILL COMMENCE DIGITAL OPERATION REASONABLY PROXIMATE TO FEBRUARY 18, 2009. OPERATION PURSUANT TO THE MAXIMIZED CONSTRUCTION PERMIT (WHICH ENTAILS A NEW ANTENNA, AMONG OTHER PARTS) IS EXPECTED TO COMMENCE IN THE THIRD QUARTER OF 2009. GIVEN THE FACTS AND CIRCUMSTANCES (A LICENSE APPLICATION CANNOT BE FILED UNTIL CONSTRUCTION OF THE MAXIMIZED APPLICATION IS COMPLETED), IT IS SUBMITTED THAT THE PROSPECTIVE FILING OF THE STA SATISFIES THE CONDITIONS SET FORTH IN THE CLAY PENDARVIS DECEMBER 15, 2008 E-MAIL AND, THEREFORE, THE EXPIRATION DATE OF THE MAXIMIZED PERMIT SHOULD BE EXTENDED TO NOVEMBER 12, 2011 CONSISTENT WITH THE DECEMBER 15, 2008 E-MAIL.

1/ THE INITIAL GRANT INVOLVED SEVERAL MUTUALLY EXCLUSIVE APPLICATIONS AND WAS SUBJECT TO RESCISSION/DISMISSAL IF THE PARTIES WERE UNABLE TO RESOLVE THE PROBLEM. THE PARTIES ENTERED INTO A MUTUAL INTERFERENCE ACCEPTANCE AGREEMENT WHICH WAS APPROVED BY THE COMMISSION AND WHICH WAS THE BASIS FOR THE REISSUANCE IN DECEMBER, 2008 (WITHOUT THE SPECIAL CONDITION).

2/ THE INTERIM CHANNEL 12 DT FACILITY TO BE PROPOSED IN THE STA WILL EXTEND THE NOISE LIMITED CONTOUR BEYOND THE CONTOUR SPECIFIED IN THE INITIAL APPENDIX B CONSTRUCTION PERMIT BUT WHOLLY WITHIN THE CONTOUR OF THE MAXIMIZED CONSTRUCTION PERMIT.



Attachment 1
Description
Exhibit 1 Attachment