Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0386 (July 2002)
FOR FCC USE ONLY
 
Legal STA

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

BLDSTA - 20090930AIY
Section I - General Information
1. Legal Name of the Applicant
J.F. BROADCASTING, LLC
Mailing Address
P.O. BOX 9609

City
RAPID CITY
State or Country (if foreign address)
SD
Zip Code
57709 - 9609
Telephone Number (include area code)
6053413135
E-Mail Address (if available)
FCC Registration No
0015851751
Call Sign
KWSD
Facility ID Number
29121
2. Contact Representative (if other than licensee/permittee)
DAVID M. SILVERMAN, ESQ.
Firm or Company Name
DAVIS WRIGHT TREMAINE LLP
Mailing Address
1919 PENNSYLVANIA AVE., N.W.
SUITE 200

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2029734200

E-Mail Address (if available)
DAVIDSILVERMAN@DWT.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA
Legal STA
Extension of Existing Legal STA         
4. Service: DS 
5. Community of License:
City: SIOUX FALLS     State: SD
6. 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
N/A (Fee Required)
7.
Please explain in detail the "extraordinary circumstances" which warrant temporary operations at variance from the Commission's Rules. In addition, please specify 1) the specific rules and/or policies from which the applicant seeks temporary relief; 2) how the public interest will be furthered by grant; and 3) the expected duration of the STA and the licensee's plan for restoration of licensed operation.
[Exhibit 38]
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 hereby 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.

Typed or Printed Name of Person Signing
JAMES F. SIMPSON
Typed or Printed Title of Person Signing
SOLE MANAGING MEMBER
Signature
Date (mm/dd/yyyy)
09/30/2009

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 38
Description:
JUSTIFICATION FOR REQUEST

PURSUANT TO PARAGRAPH 63 OF THE COMMISSION'S THIRD REPORT AND ORDER ON RECONSIDERATION IN MB DOCKET NO. 09-17, WE HEREBY REQUEST AN EXTENSION OF THE STA FOR KWSD-DT TO CONTINUE OPERATION ON ITS IN-CORE PRE-TRANSITION DTV CHANNEL 51 UNTIL FEBRUARY 17, 2010. ADDITIONAL TIME IS NEEDED TO ACCOMPLISH THIS TRANSITION FOR FINANCIAL REASONS. KWSD IS A CW AFFILIATE IN SIOUX FALLS, SOUTH DAKOTA, WHICH IS THE 113TH RANKED DMA, COMPRISED OF ONLY 260,000 HOUSEHOLDS. AS THE COMMISSION IS WELL AWARE, BROADCASTERS HAVE ENCOUNTERED SIGNIFICANT CHALLENGES AS A RESULT OF THE ECONOMIC DOWNTURN. CONDITIONS HAVE BEEN PARTICULARLY CHALLENGING FOR TELEVISION STATIONS LOCATED IN MARKETS OUTSIDE OF THE TOP 100 AND NOT AFFILIATED WITH ANY OF THE FOUR MAJOR NETWORKS. HOWEVER, IT APPEARS THAT THE ECONOMY IS BEGINNING TO TURN AROUND AND KWSD FULLY EXPECTS TO COMPLETE CONSTRUCTION OF ITS POST-TRANSITION FACILITIES BY FEBRUARY 17, 2010. INDEED, KWSD HAS BEGUN WORKING WITH CONTRACTORS TO ACCOMPLISH THIS.

AS STATED IN OUR PREVIOUS STA REQUEST, BLDSTA-20080909AAY, KWSD SUBSTANTIALLY COMPLIES WITH THE COMMISSION'S CONDITIONS SET FORTH IN PARAGRAPHS 92-93 OF THE COMMISSION'S THIRD REPORT AND ORDER IN MB DOCKET NO. 07-91, AS REITERATED IN PARAGRAPHS 61-66 OF THE COMMISSION'S ORDER ON RECONSIDERATION. KWSD WILL CONTINUE TO SERVE 90.5% OF THE POPULATION PREVIOUSLY SERVED BY THE STATION'S ANALOG FACILITY AND 100% OF THE VIEWERS OF ITS PRE-TRANSITION DTV CHANNEL, ON WHICH IT WILL CONTINUE TO OPERATE. ALSO, DTV CHANNEL 51 WILL NOT CAUSE IMPERMISSIBLE INTERFERENCE TO OTHER STATIONS, UTILIZING THE COMMISSION'S 0.5% INTERFERENCE STANDARD. KWSD PROVIDED THE REQUIRED VIEWER NOTIFICATION IN CONNECTION WITH ITS ORIGINAL STA REQUEST AND WILL CONTINUE TO PROVIDE ANY REQUIRED VIEWER NOTIFICATIONS.

FINALLY, THE PUBLIC INTEREST CLEARLY FAVORS GRANT OF THIS FOUR MONTH EXTENSION SINCE THE ONLY ALTERNATIVE WOULD BE TO TAKE THE STATION DARK, THEREBY DEPRIVING THE PUBLIC OF THIS LOCAL BROADCAST SERVICE AND THE CW NETWORK PROGRAMMING PENDING CONSTRUCTION OF KWSD'S POST TRANSITION FACILITY.

FOR THE FOREGOING REASONS, WE HEREBY REQUEST AN STA EXTENSION TO FEBRUARY 17, 2010 TO COMPLETE CONSTRUCTION OF KWSD'S POST TRANSITION FACILITIES ON CHANNEL 36, AND A CORRESPONDING EXTENSION OF THE STATION'S CONSTRUCTION PERMIT, FCC FILE NO. BPCDT-20080321ACM.

Attachment 38