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 - 20090317ACM

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
PIKES PEAK TELEVISION, INC.
Mailing Address
C/O DAVID BRADLEY, JR.
825 EDMOND STREET

City
ST. JOSEPH
State or Country (if foreign address)
MO
ZIP Code
64501 -
Telephone Number (include area code)
8162718505
E-Mail Address (if available) 
Contact Information (if different from licensee/permittee)
2. Contact Representative
ROBERT LEWIS THOMPSON
Firm or Company Name
SMITHWICK & BELENDIUK, PC
Mailing Address
5028 WISCONSIN AVE., NW, SUITE 301

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20016 -
Telephone Number (include area code)
2023634050
E-Mail Address (if available) 
BTHOMPSON@FCCWORLD.COM
Station / Facility Information
3. FCC Registration Number
0014920581
Call Sign 
KRDO-TV
Facility ID Number
52579
Community of License: City
COLORADO SPRINGS

State
CO

Network Affiliation (if applicable)
ABC
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: 13 
b. Post-Transition DTV Channel:  24
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- 20060329 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
LYLE LEIMKUHLER
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date
03/18/2009

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:
PURPOSE OF AMENDMENT

THIS AMENDMENT IS FILED MERELY TO REVISE THE DATE IN EXHIBIT 4 -- FROM FEBRUARY 17, 2009 TO JUNE 12, 2009 (WHICH IS THE DATE THAT WAS CORRECTLY STATED IN EXHIBIT 3). THIS AMENDMENT ALSO LEAVES BLANK 'ITEM 3' OF SECTION II.

Attachment 1


Exhibit 2
Description:
STEPS TO BE TAKEN: FURTHER FCC ACTION REQUIRED

1. PIKES PEAK TELEVISION, INC. ('PPTV') CURRENTLY OPERATES LICENSED DIGITAL TELEVISION STATION KRDO-DT, COLORADO SPRINGS, CO, ON PRE-TRANSITION DIGITAL CHANNEL 24, WHICH IS ALSO KRDO-DT'S POST-TRANSITION DIGITAL CHANNEL. AS LICENSED, KRDO-DT VARIES SOMEWHAT FROM THE KRDO-DT FACILITY THAT IS SPECIFIED IN THE FCC'S NEW DTV TABLE OF ALLOTMENTS, 47 CFR 73.622(I) APPENDIX B (HEREINAFTER 'APPENDIX B').

2. FOLLOWING EXTREMELY HELPFUL DISCUSSIONS WITH FCC MEDIA BUREAU STAFF (NAZIFA SAWEZ AND ELOISE GORE), PPTV HAS BEEN ADVISED TO FOREGO FILING AT THE FCC FOR EITHER (A) MODIFICATION, VIA A FORM 301, OF ITS LICENSED DTV CHANNEL 24 FACILITY (TO MATCH ITS SPECIFIED 'APPENDIX B' FACILITY) OR (B) AMENDMENT OF 'APPENDIX B' (TO BRING THE DTV TABLE INTO CONFORMANCE WITH KRDO-DT, AS LICENSED).

3. RATHER, PPTV HAS BEEN ADVISED (A) TO REPORT (VIA THIS FORM 387) ALL OF THE RELEVANT FACTS REGARDING THIS 'DISCREPANCY' (BETWEEN KRDO-DT'S 'APPENDIX B' FACILITY AND ITS LICENSED FACILITY) AND (B) THAT APPROPRIATE FURTHER ACTION WILL BE TAKEN BY THE FCC (OR THAT FURTHER INSTRUCTIONS TO PPTV WOULD BE GIVEN BY THE FCC STAFF).

4. ACCORDINGLY, A FULL REPORT REGARDING THIS MINOR 'DISCREPANCY' IS PROVIDED IN THE TECHNICAL STATEMENT ATTACHED HERETO. FOLLOWING THE FCC'S CONSIDERATION OF THIS DATA, PPTV RESPECTFULLY REQUESTS THAT THE FCC EXERCISE ITS CONSIDERABLE DISCRETION (INCLUDING THE WAIVER OF ANY OF ITS RULES, IF NECESSARY) TO HARMONIZE 'APPENDIX B' WITH KRDO-DT'S CURRENTLY LICENSED AND OPERATING FACILITY. INDEED, THE FCC'S THIRD PERIODIC REVIEW OF RULES AND POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION, FCC 07-228, RELEASED DECEMBER 31, 2007, EXPRESSLY EMPOWERS THE MEDIA BUREAU TO MAKE SUCH TECHNICAL ADJUSTMENTS (INCLUDING A HARMONIZATION BETWEEN THE FCC'S FINAL DTV TABLE 'APPENDIX B' SPECIFICATIONS AND A STATION'S LICENSED AND OPERATING DIGITAL FACILITY) 'IN LIGHT OF THE URGENT NEED TO FINALIZE POST-TRANSITION FACILITIES.' ID. AT 10 (PARA. 9). IN THIS UNUSUAL CASE (WHERE AN ANALOG CH. 13 FACILITY'S TECHNICAL SPECS WERE 'ADAPTED' -- AS BEST AS THEY COULD BE -- TO SPECIFIY A DIGITAL CH 24 FACILITY), THE FCC'S HARMONIZATION OF KRDO-DT'S LICENSED FACILITY WITH THE UNORTHODOX 'APPENDIX B' FACILITY IS NEEDED, BECAUSE PPTV OTHERWISE IS UNABLE TO CONSTRUCT THE HIGHLY IRREGULAR 'APPENDIX B' FACILITY BEFORE THE STATUTORY DTV TRANSITION DEADLINE, IF INDEED SUCH A FACILITY COULD BE CONSTRUCTED AT ALL. SEE ATTACHED TECHNICAL STATEMENT (DRAFTED IN TERMS OF THE FCC'S POSSIBLE SUA SPONTE MODIFICATION OF 'APPENDIX B').

Attachment 2
Description
Technical Statement


Exhibit 3
Description:
ANALOG SERVICE

NO FURTHER EXPLANATION NEEDED. PPTV WILL CONTINUE TO OPERATE KRDO-TV, ANALOG CHANNEL 13, UNTIL 6/12/2009. SEE ANALOG TERMINATION NOTIFICATION FOR KRDO-TV, FILED MARCH 16, 2009.

Attachment 3


Exhibit 4
Description:
KRDO-DT'S TRANSITION PLAN

ASSUMING THAT THE FCC TAKES ACTION ON PPTV'S REQUEST HEREIN TO 'HARMONIZE' KRDO-DT'S CURRENTLY LICENSED POST-TRANSITION, CHANNEL 24 DIGITAL FACILITY WITH THE SOMEWHAT DIFFERENT SPECIFICATIONS FOR KRDO-DT CONTAINED IN THE DTV TABLE'S 'APPENDIX B,' KRDO-TV'S POST-TRANSITION DIGITAL FACILITY IS ALREADY CONSTRUCTED AND LICENSED. NO FURTHER DEADLINES EXIST.

ON JUNE 12, 2009, KRDO-TV WILL CEASE ANALOG OPERATIONS ON CHANNEL 13 AND CONTINUE OPERATING ON KRDO-DT, CHANNEL 24.

Attachment 4