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.

BEPCDT - 20090609ACG
1. Legal Name of the Licensee/Permittee
JOHNSON BROADCASTING, INC.
Mailing Address
8440 WESTPARK DRIVE

City
HOUSTON
State or Country (if foreign address)
TX
Zip Code
77063 -
Telephone Number (include area code)
7139745697
E-Mail Address (if available)
FCC Registration Number:
0007769185
Call Sign
KNWS-TV
Facility Identifier 
31870
2. Contact Representative (if other than licensee/permittee)
ARTHUR V. BELENDIUK, ESQ.
Firm or Company Name
SMITHWICK & BELENDIUK, P.C.
Mailing Address
5028 WISCONSIN AVE., N.W.
SUITE 301

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20016 - 4118
Telephone Number (include area code)
2023634050

E-Mail Address (if available)
ABELENDIUK@FCCWORLD.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: KATY 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. BPCDT-20080619AFI Expiration Date: 02/17/2009
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: 12/31/2009
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
DOUGLAS JOHNSON
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/09/2009

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 REQUESTING EXTENSION

IN THE TABLE OF ALLOTMENTS, THE FCC ASSIGNED KNWS-TV AN OUT-OF-CORE DIGITAL CHANNEL, CHANNEL 52. JOHNSON BROADCASTING CONSTRUCTED A DIGITAL FACILITY ON CHANNEL 52, BUT WILL BE REQUIRED TO CEASE BROADCASTING ON THAT CHANNEL AFTER JUNE 12, 2009.

DURING THE CHANNEL ELECTION PROCESS, KNWS-DT ENTERED INTO A NEGOTIATED CHANNEL AGREEMENT WITH KTMD, GALVESTON, TEXAS. THE AGREEMENT ALLOWS KNWS-DT TO USE THE PRESENT KTMD ANALOG CHANNEL, CHANNEL 47, AFTER THE TRANSITION. KTMD PLANS TO OPERATE ITS ANALOG FACILITY UNTIL JUNE 12TH.

THE FCC HAS MADE PROVISIONS FOR SOME DIGITAL STATIONS WHOSE PRE-TRANSITION CHANNEL IS DIFFERENT FROM THEIR POST-TRANSITION CHANNEL TO CONTINUE OPERATION ON THEIR PRE-TRANSITION CHANNEL WHILE CONSTRUCTION IS COMPLETED FOR THE FINAL POST-TRANSITION FACILITY. OPERATING ON ITS POST-TRANSITION CHANNEL IS NOT AN OPTION FOR KNWS-DT SINCE BY STATUTE IT MUST CEASE BROADCASTING ON ITS OUT-OF-CORE CHANNEL AT THE END OF THE TRANSITION.

THE MATTER IS FURTHER COMPLICATED BY THE FACT THAT JOHNSON BROADCASTING IN OCTOBER 2008 FILED FOR BANKRUPTCY PROTECTION. DUE TO THE FINANCIAL LIMITATIONS IMPOSED BY ITS BANKRUPTCY JOHNSON BROADCASTING DOES NOT PRESENTLY HAVE THE RESOURCES TO COMPLETE THE BUILD-OUT OF ITS CHANNEL 47 FACILITY. JOHNSON BROADACASTING IS EXPLORING ALL ITS OPTIONS, INCLUDING REFINANCING AND THE POSSIBLE SALE OF THE STATION. IF THE STATION IS REFINANCED OR SOLD, EQUIPMENT PURCHASED IN JUNE OR JULY WILL NOT BE DELIVERED UNTIL OCTOBER OR NOVEMBER 2009.

THEREFORE, JOHNSON BROADCASTING REQUESTS AN EXTENSION OF ITS CP.




Attachment 1