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.

BEPEDT - 20090203ADE
1. Legal Name of the Licensee/Permittee
DULUTH-SUPERIOR AREA EDUCATIONAL TELEVISION CORPORATION
Mailing Address
632 NIAGARA COURT

City
DULUTH
State or Country (if foreign address)
MN
Zip Code
55811 - 3098
Telephone Number (include area code)
2187248567
E-Mail Address (if available)
EMAIL@WDSE.ORG
FCC Registration Number:
0002639854
Call Sign
WRPT-DT
Facility Identifier 
159007
2. Contact Representative (if other than licensee/permittee)
THEODORE D. FRANK
Firm or Company Name
ARNOLD & PORTER LLP
Mailing Address
555 TWELFTH STREET NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20004 -
Telephone Number (include area code)
2029425790

E-Mail Address (if available)
THEODORE_FRANK@APORTER.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: HIBBING State: MN
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. BMPEDT-20080611AAD 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: 06/23/2009
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
ALLEN HARMON
Typed or Printed Title of Person Signing
PRESIDENT AND GENERAL MANAGER
Signature
Date
02/03/2009

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:
EXPLANATION OF REQUEST

STATION WRPT-DT'S OUTSTANDING CONSTRUCTION PERMIT AUTHORIZES A DIRECTIONAL ANTENNA THAT WILL BE SIDE-MOUNTED AT 107.9 M AGL ON A TOWER OWNED BY STATION WIRT, HIBBING, MINNESOTA. STATION WIRT-DT IS CURRENTLY OPERATING ITS PRE-TRANSITION CHANNEL 36 DTV FACILITY USING A SIDE-MOUNTED ANTENNA AT THIS SAME LOCATION. AFTER THE TRANSITION, STATION WIRT-DT WILL RETURN TO ITS ANALOG CHANNEL (CHANNEL 13), USING AN ANTENNA MOUNTED AT THE SAME PLACE ON THE TOWER AS ITS CURRENT CHANNEL 13 ANTENNA.   WHEN THAT OCCURS, DULUTH-SUPERIOR WILL INSTALL ITS PERMITTED ANTENNA AT THE SITE OF STATION WIRT-DT'S CHANNEL 36 ANTENNA. THE TOWER IS NOT CAPABLE OF WITHSTANDING THE EXTRA LOADING THAT WOULD BE CAUSED BY THE ADDITION OF THE ANTENNA AUTHORIZED UNDER STATION WRPT-DT'S CONSTRUCTION PERMIT WHILE BOTH WIRT ANTENNAS REMAIN ON THE TOWER. THEREFORE, THIS WORK MUST BE DELAYED UNTIL AFTER THE TRANSITION. AS SHOWN IN WRPT'S STA REQUEST, FILE NO. BDSTA-20080616ACV, THE ENTIRE PRINCIPAL COMMUNITY OF HIBBING, MINNESOTA IS WELL WITHIN THE F(50,90) 48 DBU CONTOUR OF WRPT-DT'S STA FACILITIES, WHICH SERVE 105,765 PEOPLE OR 89.5% OF THE APPENDIX B POPULATION OF 118,000.

WRPT BELIEVES IT DOES NOT REQUIRE AN EXTENSION OF ITS CONSTRUCTION PERMIT UNDER THE COMMISSION'S STAGED TRANSITION RULES AND POLICIES, BUT IS TAKING THE PRECAUTION OF SUBMITTING THIS REQUEST IN CASE THE FCC DETERMINES THAT AN EXTENSION IS NECESSARY.

Attachment 1
Description
Attachment 1 -- Letter explaining request


Exhibit 2
Description:
CONSTRUCTION OF STATION WRPT-DT

WRPT SOUGHT, AND WAS GRANTED, AN STA TO OPERATE REDUCED FACILITIES THAT SERVE 89.5% OF THE APPENDIX B POPULATION, INCLUDING THE ENTIRE COMMUNITY OF LICENSE, HIBBING, MINNESOTA. SEE FILE NO. BDSTA-20080616ACV. WRPT CANNOT MOUNT ITS PERMITTED ANTENNA IN THE PERMITTED LOCATION UNTIL STATION WIRT CEASES ANALOG TRANSMISSIONS, TRANSITIONS DIGITAL BROADACSTING FROM ITS PRE-TRANSITION DIGITAL CHANNEL TO ITS ORIGINAL ANALOG CHANNEL, AND REMOVES ITS PRE-TRANSITION DIGITAL ANTENNA FROM THE TOWER, MAKING SPACE AVAILABLE FOR INSTALLATION OF THE PERMANENT WRPT-DT ANTENNA.

Attachment 2