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.

BDTUCT - 20090206ACP

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
UNIVERSITY BROADCASTING, INC.
Mailing Address
7777 SOUTH LEWIS AVENUE

City
TULSA
State or Country (if foreign address)
OK
ZIP Code
74171 -
Telephone Number (include area code)
9184885300
E-Mail Address (if available) 
KGEB@ORU.EDU
Contact Information (if different from licensee/permittee)
2. Contact Representative
JOSEPH C. CHAUTIN, III
Firm or Company Name
HARDY, CAREY, CHAUTIN & BALKIN, LLP
Mailing Address
1080 WEST CAUSEWAY APPROACH

City
MANDEVILLE
State or Country (if foreign address)
LA
ZIP Code
70471 -
Telephone Number (include area code)
9856290777
E-Mail Address (if available) 
JCHAUTIN@HARDYCAREY.COM
Station / Facility Information
3. FCC Registration Number
0008120529
Call Sign 
KGEB
Facility ID Number
24485
Community of License: City
TULSA

State
OK

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: 53 
b. Post-Transition DTV Channel:  49
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. BLCDT- 20060817ADB Not Yet Filed
3.
Current Construction Deadline:




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
 kW
Population:
 %
(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:

(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
WALTER H. RICHARDSON III
Typed or Printed Title of Person Signing
PRESIDENT / GENERAL MANAGER
Signature
Date
02/06/2009

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 2
Description:
ANTENNA ID MISMATCH DTV TABLE OF ALLOTMENTS

KGEB APPLIED FOR AND WAS GRANTED A LICENSE TO COVER ON 4/26/07 WITH THE APPLICATION TO COVER NOTING THAT A SWR SWEDT160M/49 ANTENNA ID 75819 WAS UTILIZED INSTEAD OF THE DTV TABLE OF ALLOTMENTS ANDREW ATW18H3-HTO-49S ANTENNA ID 74912, WHICH KGEB SPECIFIED IN ITS 2004 CERTIFICATION (BCERCT-20041021ACQ). AS KGEB'S LICENSE TO COVER NOTED, THE SWR MODEL IS A CLONE OF THE ANDREW ANTENNA, AND THEREFORE DUPLICATED THE COVERAGE AREA PRODUCED BY KGEB'S CERTIFIED FACILITIES. SEE NOTED ATTACHMENT OF THE TECH EXHIBIT OF THE LICENSE TO COVER APPLICATION BLCDT - 20060817ADB. KGEB RESPECTFULLY REQUESTS THAT THE COMMISSION UPDATE THE ANTENNA CODE IN THE DTV TABLE OF ALLOTMENTS TO 75819.

Attachment 2
Description
Tech Exhibit from License to Cover FCC Form 302-DTV BLCDT - 20060817ADB


Exhibit 3
Description:
ANALOG TERMINATION

ON FEBRUARY 4, 2009, CONGRESS PASSED LEGISLATION EXTENDING THE DIGITAL TRANSITION DEADLINE FROM FEBRUARY 17, 2009 TO JUNE 12, 2009, BUT INCLUDED THE EXPRESS OPTION FOR FULL-POWER ANALOG STATIONS THAT HAD NOT YET CEASED OPERATIONS IN ANALOG TO BE ALLOWED TO DO SO IN ADVANCE OF THE NEW 6/12/09 DEADLINE.

IN LIGHT OF THIS NEW LEGISLATION AND DUE TO THE FACT THAT MANY STATIONS HAD MADE CONSIDERABLE EFFORTS ALREADY TO BE READY TO TRANSITION ON 2/17/09, THE COMMISSION ISSUED A PUBLIC NOTICE ON FEBRUARY 5, 2009 SETTING FORTH THE MECHANISM BY WHICH FULL-POWER ANALOG STATIONS THAT WISHED TO TRANSITION FROM ANALOG TO DIGITAL ON 2/17/09 COULD DO SO. (FCC 09-06). SINCE TRANSITIONING ON 2/17/09 WOULD NOW BE CONSIDERED AN EARLY TERMINATION, THE COMMISSION HAS GRANTED A PARTIAL WAIVER OF THE EARLY TERMINATION PROVISIONS IN THE THIRD REPORT AND ORDER FOR THOSE FULL-POWER ANALOG STATIONS THAT STILL WISHED TO SHUT DOWN THEIR ANALOG OPERATIONS ON 2/17/09 (SEE PAGES 2-3 OF PUBLIC NOTICE). THE WAIVER IS CONDITIONED UPON THE LICENSEE FULFILLING SEVERAL CONDITIONS, NAMELY FILING AN UPDATED FORM 387, NOTIFYING VIEWERS, NOTIFYING THE COMMISSION AND NOTIFYING MVPD OPERATORS OF THE STATION'S INTENTION TO CEASE ANALOG TRANSMISSIONS ON 2/17/09.

IT IS THIS LEGISLATION AND WAIVER THAT GRANTS UNIVERSITY BROADCASTING, INC., LICENSEE OF KGEB(TV), AUTHORITY TO CEASE OPERATING KGEB'S ANALOG SERVICE EARLY, WHICH IT PLANS TO DO ON 2/17/09.    


Attachment 3


Exhibit 4
Description:
DTV TRANSITION

KGEB'S POST-TRANSITION DIGITAL FACILITIES ARE CONSTRUCTED, AND ALL IT WILL HAVE TO DO TO TRANSITION TO DIGITAL-ONLY OPERATIONS IS POWER DOWN ITS REDUCED POWER ANALOG OPERATION, WHICH IT WILL DO AT MIDNIGHT ON 2/17/2009.

Attachment 4