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.

BEP - 20091222AMX
1. Legal Name of the Licensee/Permittee
DEEPAK VISWANATH
Mailing Address
P.O. BOX 286

City
E. ELMHURST
State or Country (if foreign address)
NY
Zip Code
11369 -
Telephone Number (include area code)
7187848555
E-Mail Address (if available)
FCC Registration Number:
0007248180
Call Sign
WDVB-LD
Facility Identifier 
168834
2. Contact Representative (if other than licensee/permittee)
SCOTT CINNAMON
Firm or Company Name
LAW OFFICES OF SCOTT C. CINNAMON, PLLC
Mailing Address
1250 CONNECTICUT AVE., NW
SUITE 200, # 144

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 -
Telephone Number (include area code)
2022165798

E-Mail Address (if available)
SCOTT@CINNAMONLAW.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: EDISON State: NJ
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. - Expiration Date:
a modification of a DTV construction permit Permit No. BMPDTL-20091021ACR Expiration Date: 01/12/2010
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: 07/10/2010
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
DEEPAK VISWANATH
Typed or Printed Title of Person Signing
OWNER
Signature
Date
12/18/2009

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

WHEN THE PERMIT FOR THIS DIGITAL COMPANION CHANNEL WAS GRANTED ON JANUARY 12, 2007, THE APPLICANT PROPOSED USING AN EXISTING TOWER (1045848) FOR ITS ANTENNA. THE APPLICANT PROVIDED DETAILS OF THE MOUNTING IT WOULD NEED AND HOW ITS TRANSMISSION SYSTEM WOULD BE INSTALLED AT THE SITE. ONLY THEN WAS THE APPLICANT ADVISED THAT THE TOWER OWNER HAD ENTERED INTO A NEW CONTRACT WITH A MAJOR CELLULAR SERVICE PROVIDER. BECAUSE THE TOWER OWNER THEN NEEDED TO UPGRADE THE POWER DELIVERY TO ITS SITE, NEGOTIATIONS BETWEEN THE TOWER OWNER AND THE APPLICANT WERE SUSPENDED FOR MORE THAN SIX MONTHS UNTIL THE POWER UPGRADE WAS COMPLETED.

IN THE INTERIM, THE APPLICANT ORDERED THE POWER DIVIDERS AND ANTENNAS NECESSARY FOR THE INSTALLATION AND THEN CONDUCTED A SITE SURVEY WITH THE TOWER OWNER. THE TOWER OWNER AND THE APPLICANT WERE WORKING ON SPECIFICATIONS AND PAYMENT TERMS THAT WOULD BRING POWER FROM THE NEWLY MODIFIED UTILITY POLE TO THE ELECTRIC METER AND THEN TO THE BUILDING WHERE THE APPLICANTS TRANSMITTER WOULD BE HOUSED. INSTALLATION OF THE APPLICANTS EQUIPMENT WOULD ALSO REQUIRE THE DEINSTALLATION OF OTHER EQUIPMENT AT THE SITE TO ACCOMMODATE THE APPLICANTS NEW EQUIPMENT. THAT PROCESS ALSO TOOK LONGER THAN ANTICIPATED. TWO YEARS INTO THE PROJECT WITH NO AGREEMENT IN PLACE WITH THE TOWER OWNER ON HOW THE PROJECT WOULD BE COMPLETED, THE APPLICANT STARTED EXAMINING OTHER ALTERNATIVES.

NEGOTIATIONS FOR A SECOND SITE LOOKED INITIALLY PROMISING. THE LANDLORD ASKED A SERIES OF QUESTIONS AND SEEMED INTERESTED, BUT IN THE END, WOULD NOT RESPOND TO THE APPLICANTS REQUEST FOR SPECIFIC TERMS FOR CONSTRUCTION PROCEDURE AND LEASE TERMS.

IN JUNE 2009, WITH SEVEN MONTHS REMAINING ON THE PERMIT, THE APPLICANT FILED A MODIFICATION TO LOCATE THIS NEW FACILITY ON THE EMPIRE STATE BUILDING. A LICENSEE ALREADY LOCATED THERE AGREED TO SHARE FACILITY SPACE WITH THE APPLICANT. A FURTHER MODIFICATION TO THE CP WAS REQUESTED IN OCTOBER TO SPECIFY A DIFFERENT ANTENNA FOR THE CONSTRUCTION. THE APPLICANT OBTAINED A CONFIRMED TERM SHEET FROM ITS NEW LANDLORDS PRIOR TO FILING FOR THIS NEW SITE. UPON FINAL CREDIT APPROVAL, THE APPLICANT AND LANDLORD WILL EXECUTE A LEASE. IN ADDITION, THE APPLICANT HAS MUCH OF THE ANCILLARY EQUIPMENT NEEDED FOR CONSTRUCTION ALREADY ON HAND. THE TRANSMITTER AND ANTENNA ARE READY FOR PROCESSING AND DELIVERY AS SOON AS THE APPLICANT SIGNS THE LEASE. IT IS ANTICIPATED THAT CONSTRUCTION WILL BE COMPLETED BEFORE THE EXPIRATION OF THE SIX-MONTH EXTENSION REQUESTED HEREIN.


Attachment 1