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.

BEPDTA - 20090507AAH
1. Legal Name of the Licensee/Permittee
KXAN, INC.
Mailing Address
4 RICHMOND SQUARE
SUITE 200

City
PROVIDENCE
State or Country (if foreign address)
RI
Zip Code
02906 -
Telephone Number (include area code)
4014579525
E-Mail Address (if available)
JEAN.BENZ@LINTV.COM
FCC Registration Number:
0003477072
Call Sign
KBVO-CA
Facility Identifier 
35918
2. Contact Representative (if other than licensee/permittee)
JEAN W. BENZ
Firm or Company Name

Mailing Address
4 RICHMOND SQUARE
SUITE 200

City
PROVIDENCE
State or Country (if foreign address)
RI
ZIP Code
02906 -
Telephone Number (include area code)
4014579525

E-Mail Address (if available)
JEAN.BENZ@LINTV.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: AUSTIN 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. BDFCDTA-20060331ASH Expiration Date: 06/23/2009
a modification of a DTV construction permit Permit No. - Expiration Date:
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: 06/23/2010
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
JEAN W. BENZ
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY
Signature
Date
05/07/2009

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:
REASON FOR REQUEST

KXAN, INC. ('KXAN') REQUESTS AN EXTENSION OF THE CONSTRUCTION PERMIT ALLOWING THE ABOVE-REFERENCED CLASS A TELEVISION STATION TO CONVERT TO DIGITAL OPERATION. AT THE TIME KXAN APPLIED FOR FLASH-CUT AUTHORITY, THE DTV TRANSITION FOR FULL-POWER STATIONS WAS SET BY STATUTE TO EXPIRE ON FEBRUARY 17, 2009, AND KXAN ANTICIPATED THAT IT WOULD BE ABLE TO CONSTRUCT DIGITAL FACILITIES FOR THIS CLASS A STATION IN THE PERIOD AFTER ITS FULL-POWER STATIONS COMPLETED THEIR TRANSITION.

CONGRESS, HOWEVER, DELAYED THE DTV TRANSITION UNTIL JUNE 12, 2009. THE PERSONNEL WHO WOULD BE INVOLVED IN CONVERTING THIS CLASS A STATION TO DIGITAL WILL BE OCCUPIED UNTIL JUNE 12 WITH THE CONVERSION OF KXAN'S FULL-POWER TELEVISION STATIONS TO DIGITAL. FURTHER, KXAN DESIRES TO WAIT TO CONVERT ITS CLASS A STATIONS UNTIL AFTER ITS FULL-POWER STATIONS HAVE COMPLETED THEIR TRANSITION SO THAT THE CLASS A STATIONS CAN BE SET TO RECEIVE THE FINAL POST-TRANSITION SIGNAL FROM THE FULL-POWER STATIONS. KXAN ALSO BELIEVES THAT IT WOULD CONFUSE VIEWERS WHO RECEIVE TELEVISION SERVICE FROM THESE CLASS A STATIONS IF THEIR CONVERSION TO DIGITAL OCCURRED BEFORE COMPLETION OF THE FULL-POWER TRANSITION IN THEIR DESIGNATED MARKET AREA.

FOR THESE REASONS, KXAN REQUESTS THAT THE COMMISSION EXTEND THE EXPIRATION DATE FOR THE CONSTRUCTION PERMIT FOR TWELVE MONTHS.


Attachment 1