Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0932 (August 2011)
FCC 301-CA
FOR FCC USE ONLY
 
APPLICATION FOR AUTHORITY TO CONSTRUCT OR MAKE CHANGES IN A CLASS A TELEVISION BROADCAST STATION FOR COMMISSION USE ONLY
FILE NO.

BDISDTA - 20080804AFB
Section I - General Information
1. Legal Name of the Applicant
KAKW LICENSE PARTNERSHIP, L.P.
Mailing Address
5999 CENTER DRIVE
SUITE 4083

City
LOS ANGELES
State or Country (if foreign address)
CA
ZIP Code
90045 -
Telephone Number (include area code)
3103483600
E-Mail Address (if available) 
FCC Registration Number:
0008192122
Call Sign 
KTFO-CA
Facility Identifier
35882
2. Contact Representative (if other than Applicant)
MACE J. ROSENSTEIN, ESQ.
Firm or Company Name
COVINGTON & BURLING LLP
Mailing Address
1201 PENNSYLVANIA AVENUE, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20004 -
Telephone Number (include area code)
2026625460
E-Mail Address (if available)
MROSENSTEIN@COV.COM
3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other AMENDMENT TO PENDING APPLICATION
N/A (Fee Required)
4.
Facility Information
a. Service Type: Analog Digital
b. Community of License:
City: AUSTIN State: TX
5.
Purpose of Application:
New station Minor Change in licensed facility
Major Change in licensed facility Minor Modification of construction permit
Major Modification of construction permit Amendment to pending application
Digital Flash Cut Digital LPTV Companion Channel
a. File number of original construction permit or pending application:

-
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]



NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section II - Legal

1.
Certification.  Licensee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets.
Yes No
2.
Continued Eligibility. License certifies that its station does, and will continue to broadcast: (a) a minimum of 18 hours per day; and (b) an average of at least 3 hours per week of programming each quarter produced within the market area served by the station, or the market area served by a group of commonly controlled low-power or Class A stations that carry common local programming produced within the market area served by such groups.
Yes No

See Explanation in
[Exhibit 2]

3. Local Public Notice. (For major change Applicants Only) Applicant certifies that it will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
Yes No
4. Rebroadcast Certification. (For Applicants proposing translator rebroadcasts that are not the licensee of the primary station) Applicant certifies that written authority has been obtained from the licensee of the station whose programs are to be retransmitted.
Yes No
5. Auction Authorization. If the application is being submitted to obtain a construction permit for which the applicant was the winning bidder in an auction, then the applicant certifies, pursuant to 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections 1.2107(d), 1.2110(i), 1.2112(a) and 1.2112(b), if applicable.

An exhibit is required unless this question is inapplicable.

Yes No
N/A

[Exhibit 3]

6. 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
CHRISTOPHER G. WOOD
Typed or Printed Title of Person Signing
VICE PRESIDENT AND SENIOR LEGAL COUNSEL
Signature
Date
05/13/2009



SECTION III PREPARER'S CERTIFICATION

I certify that I have prepared Section III (Engineering Data) on behalf of the applicant, and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief.
Name 
W. JEFFREY REYNOLDS
Relationship to Applicant (e.g., Consulting Engineer) 
TECHNICAL CONSULTANT
Signature
Date 
05/13/2009
Mailing Address
DU TREIL, LUNDIN & RACKLEY, INC.
201 FLETCHER AVENUE

City
SARASOTA
State or Country (if foreign address)
FL
Zip Code
34237-6019
Telephone Number (include area code)
9413296000
E-Mail Address (if available)
JEFF@DLR.COM
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).



Section III - Engineering (Digital)
TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. All items must be completed. The response "on file" is not acceptable.

NOTE:    In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

TECH BOX
1. Channel:
36
2.
Antenna Location Coordinates: (NAD 27)
Latitude:    
Degrees 30 Minutes 19 Seconds 33     North     South

Longitude: 
Degrees 97 Minutes 47 Seconds 58     West     East
3. Antenna Structure Registration Number: 1050398
Not Applicable    [Exhibit 8]                       Notification filed with FAA
4.
Antenna Location Site Elevation Above Mean Sea Level: 259  meters
5.
Overall Tower Height Above Ground Level: 365  meters
6.
Height of Radiation Center Above Ground Level: 274  meters
7.
Maximum Effective Radiated Power (ERP): 15  kW     
8.
Transmitter Output Power: 1.97  kW    
9. a. Transmitting Antenna:   
Before selecting Directional "Off-the-Shelf", refer to "Search for Antenna Information" under CDBS Public Access (http://licnesing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm). Make sure that the Standard Pattern is marked Yes and that the relative field values shown match your values. Enter the Manufacturer (Make) and Model exactly as displayed in the Antenna Search.
   
Nondirectional Directional Off-the Shelf Directional composite

Manufacturer ERI     Model ALP16L2-HSO-36

b. Electrical Beam Tilt: 0.5 degrees Not Applicable

c. Mechanical Beam Tilt:  degrees toward azimuth          degrees True          Not Applicable

 
d. Directional Antenna Relative Field Values: N/A (Nondirectional or Off-the-Shelf)
Rotation (Degrees): No Rotation
Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value Degrees Value    
0 10 20 30 40 50
60 70 80 90 100 110
120 130 140 150 160 170
180 190 200 210 220 230
240 250 260 270 280 290
300 310 320 330 340 350
Additional 
Azimuths


e. Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt?


If Yes, attach an Exhibit (see instructions for details).
Yes No

[Exhibit 9]
Relative Field Polar Plot
10. Out-of-channel Emission Mask:     Simple              Stringent              Full Service
CERTIFICATION
11.
Interference.  The proposed facility complies with all of the following applicable rule sections. 47.C.F.R Sections 73.6016, 73.6017, 73.6018, 73.6019, 73.6020, 73.6027 and 74.794(b).

Yes No

See Explanation in
[Exhibit 10]

12.
Environmental Protection Act.    The proposed facility is excluded from environmental processing under 47. C.F.R. Section 1.1306 (i.e., The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine RF compliance, an Exhibit is required.

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 11]

13. Channels 52-59.  If the proposed channel is within channels 52-59, the applicant certifies compliance with the following requirements, as applicable:

The applicant is applying for a digital companion channel for which no suitable channel from channel 2-51 is available.
 
Pursuant to Section 74.786(d), the applicant has notified, within 30 days of filing this application, all commercial wireless licenses of the spectrum comprising the proposed TV channel and the first adjacent channels thereto, for which the proposed digital LPTV or TV translator antenna site lies inside the licensed geographic boundaries of the wireless licensees or within 75 miles and 50 miles, respectively, of the geographic boundaries of co-channel and adjacent-channel wireless licensees.




Exhibits
Exhibit 1
Description:
EXHIBIT 2

THIS AMENDMENT REVISES SECTION I, QUESTION 5, EXHIBIT 2 AND SECTION III, QUESTION 11, EXHIBIT 9.

Attachment 1


Exhibit 10
Description:
INTERFERENCE COMPLIANCE/INTERFERENCE ACCEPTANCE AGREEMENT

THE PROPOSED OPERATION COMPLIES WITH THE FCC'S INTERFERENCE CRITERIA TOWARDS ALL PERTINENT STATIONS AND ALLOTMENTS WITH THE EXCEPTION OF THE LICENSED ANALOG OPERATION OF KXAN-TV ON TELEVISION CHANNEL 36 AT AUSTIN, TEXAS (BLCT-19971202KF). APPLICANT HEREBY REQUESTS A TEMPORARY WAIVER OF SECTION 73.6011 OF THE COMMISSION'S RULES WITH RESPECT TO THE INSTANT DISPLACEMENT APPLICATION FOR A CONSTRUCTION PERMIT TO OPERATE KTFO-CA ON CHANNEL 36 IN AUSTIN, TEXAS. KXAN-TV WILL PERMANENTLY TERMINATE SERVICE ON ANALOG CHANNEL 36 ON JUNE 12, 2009, WHEN KXAN-TV WILL TRANSITION TO DIGITAL CHANNEL 21. IN ADDITION, KXAN-TV DOES NOT INTEND TO PROVIDE ANALOG NIGHT LIGHT SERVICE ON CHANNEL 36 AFTER JUNE 12, 2009. SEE KXAN, INC.'S ANALOG SERVICE TERMINATION NOTIFICATION DATED MARCH 16, 2009. KTFO-CA WILL NOT COMMENCE OPERATION ON CHANNEL 36 UNTIL AFTER JUNE 12, 2009, WHEN KXAN-TV HAS FULLY TERMINATED ANALOG SERVICE ON CHANNEL 36. ACCORDINGLY, KTFO-CA'S PROPOSED OPERATION ON CHANNEL 36 WILL NOT CAUSE INTERFERENCE TO KXAN-TV AFTER JUNE 12, 2009.

Attachment 10


Exhibit 11
Description:
KTFO-CA DIGITAL DISPLACEMENT APPLICATION

DISPLACEMENT JUSTIFICATION - KTFO-CA IS CONSIDERED TO BE DISPLACED PURSUANT TO SECTION 73.3572 AS IT IS LOCATED LESS THAN 265 KM FROM THE LICENSED CO-CHANNEL DTV OPERATION OF KHOU-DT ON CHANNEL 31 AT HOUSTON, TX (BLCDT-19981109KF).

FIGURE 1 - COVERAGE MAP DEMONSTRATING THAT THE APPLICATION IS CONSIDERED A MINOR CHANGE PER SECTION 73.3572.

THE PROPOSED FACILITIES WERE EVALUATED IN TERMS OF POTENTIAL RADIO FREQUENCY (RF) ENERGY EXPOSURE AT GROUND LEVEL TO WORKERS AND THE GENERAL PUBLIC. THE RADIATION CENTER FOR THE PROPOSED DTV ANTENNA IS LOCATED 274 METERS ABOVE GROUND LEVEL. THE MAXIMUM DTV ERP IS 15 KW (HORIZONTAL POLARIZATION). A WORST-CASE VERTICAL PLANE RELATIVE FIELD VALUE OF 1.0 (FOR ANGLES BELOW 60 DEGREES DOWNWARD) IS PRESUMED FOR THE ANTENNA'S DOWNWARD RADIATION. THE CALCULATED POWER DENSITY AT A POINT 2 METERS ABOVE GROUND LEVEL IS 0.0068 MW/CM2. THIS IS 1.7% OF THE FCC'S RECOMMENDED LIMIT OF 0.403 MW/CM2 FOR CHANNEL 36 FOR AN UNCONTROLLED ENVIRONMENT. THEREFORE, BASED ON THE RESPONSIBILITY THRESHOLD OF 5%, THE PROPOSAL WILL COMPLY WITH THE RF EMISSION RULES.

ACCESS TO THE TRANSMITTING SITE IS RESTRICTED AND APPROPRIATELY MARKED WITH RFR WARNING SIGNS. FURTHERMORE, AS THIS IS A MULTI-USER SITE, A PROTOCOL WILL BE IN EFFECT WITH THE OTHER STATIONS IN THE EVENT THAT WORKERS OR OTHER AUTHORIZED PERSONNEL ENTER THE RESTRICTED AREA OR CLIMB THE TOWER TO ENSURE THAT APPROPRIATE MEASURES WILL BE TAKEN TO ASSURE WORKER SAFETY WITH RESPECT TO RADIO FREQUENCY RADIATION EXPOSURE. SUCH MEASURES INCLUDE REDUCING THE AVERAGE EXPOSURE BY SPREADING OUT THE WORK OVER A LONGER PERIOD OF TIME, WEARING ACCEPTED RFR PROTECTIVE CLOTHING AND/OR RFR EXPOSURE MONITORS. FURTHERMORE, IT IS NOTED THAT THIS TECHNICAL EXHIBIT ONLY ADDRESSES THE POTENTIAL FOR RADIO FREQUENCY ELECTROMAGNETIC FIELD EXPOSURE. ALL OTHER ASPECTS OF THE ENVIRONMENTAL PROCESSING ANALYSIS WILL BE OR ALREADY HAS BEEN PROVIDED TO THE FCC BY THE TOWER OWNER AS PART OF THE TOWER REGISTRATION PROCESS.

THE PROPOSED OPERATION WILL PROVIDE THE NECESSARY PROTECTION TO RADIO ASTRONOMY INSTALLATIONS AND FCC MONITORING STATIONS.

THE PROPOSED OPERATION IS LOCATED OUTSIDE OF THE MEXICAN AND CANADIAN COORDINATION ZONES.


Attachment 11
Description
FIGURE 1 - COVERAGE MAP