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 - 20090612AJH
1. Legal Name of the Licensee/Permittee
ALPHA & OMEGA COMMUNICATIONS, LLC
Mailing Address
314 S. REDWOOD RD.

City
SALT LAKE CITY
State or Country (if foreign address)
UT
Zip Code
84104 -
Telephone Number (include area code)
8019738820
E-Mail Address (if available)
FCC Registration Number:
0005898093
Call Sign
KTMW
Facility Identifier 
10177
2. Contact Representative (if other than licensee/permittee)
NATHANIEL J. HARDY, ESQ.
Firm or Company Name
WOOD, MAINES & NOLAN, PC
Mailing Address
4121 WILSON BLVD.
SUITE 101

City
ARLINGTON
State or Country (if foreign address)
VA
ZIP Code
22203 -
Telephone Number (include area code)
7034652361

E-Mail Address (if available)
WMN@LEGALCOMPASS.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: SALT LAKE CITY State: UT
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-20080616ACJ 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: 12/12/2009
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
PAT OPENSHAW
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/12/2009

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:
JUSTIFICATION FOR EXTENSION

ALPHA & OMEGA COMMUNICATIONS, LLC'S ('ALPHA') CONSTRUCTION PERMIT BPCDT-20080616ACJ AUTHORIZES THE MAXIMUM POSSIBLE DTV FACILITIES OF 530 KW ERP FOR KTMW(TV), SALT LAKE CITY, UT. PERFORMANCE OF THAT PERMIT ASSUMES CONVERSION OF THE PRESENT ANALOG TRANSMITTER TO DIGITAL.

AS KTMW'S PRESENT TRANSMITTER HAD TO REMAIN IN OPERATION AS AN ANALOG TRANSMITTER UNTIL JUNE 12, WORK TO CONVERT THE TRANSMITTER TO DIGITAL COULD NOT COMMENCE UNTIL THE 12TH. KTMW WAS NOT GRANTED A PRE-TRANSITION DIGITAL CHANNEL AND THEREFORE COULD NOT PREPARE FOR THE NECESSARY CONSTRUCTION AND TESTING PRIOR TO THE TRANSITION DATE.

DELIVERY OF THE NECESSARY PARTS FOR THE CONVERSION AND AVAILABILITY OF A FACTORY TECHNICIAN TO DO THE CONVERSION OF THE PRESENT ANALOG TRANSMITTER TO DIGITAL IS 60 DAYS OUT OR MORE. THIS DELAY WAS UNFORESEEN AND RESULTED IN THE NECESSITY OF THE EXTENSION REQUEST. TO ACCOUNT FOR FURTHER UNFORESEEN DIFFICULTIES AND DELAYS, ALPHA REQUESTS A SIX MONTH EXTENSION OF ITS DIGITAL CONSTRUCTION PERMIT.

TO MITIGATE THE PROBLEM, ALPHA HAS INITIATED DIGITAL SERVICE VIA ITS AUXILIARY FACILITIES PURSUANT TO SPECIAL TEMPORARY AUTHORITY. SEE BDSTA-20090526AFP (THE 'AUXILIARY FACILITIES'). THESE FACILITIES PROVIDE SERVICE TO 100.7% OF KTMW'S ANALOG POPULATION COVERAGE. THEREFORE, KTMW'S VIEWERS WILL NOT BE LEFT WITHOUT SERVICE. KTMW'S LICENSED ANALOG POPULATION COVERAGE PROVIDES SERVICE TO 1,747,608 PERSONS (2000 CENSUS/PRE-TRANSITION/OET-69). SEE BLCT-20010522AAZ. THE COVERAGE PROVIDED BY THE AUXILIARY FACILITIES AT 55.3 KW SERVES 1,760,581 PERSONS (2000 CENSUS/POST-TRANSITION/OET-69). THUS, THE STA FACILITIES COVER 100.7% OF THE LICENSED ANALOG.

Attachment 1