Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0837 (June 2002)
FCC 302-DTV
FOR FCC USE ONLY
 
APPLICATION FOR DIGITAL TELEVISION BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BXLCDT - 20130729AJR
Section I - General Information
1. Legal Name of the Applicant 
SAN FRANCISCO TELEVISION STATION KBCW INC
Mailing Address
SUITE 920
1800 K STREET, NW
City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2024574602
E-Mail Address (if available) 
ELNASS@CBS.COM
FCC Registration Number:
0003742632
Call Sign 
KBCW
Facility Identifier 
69619
2. Contact Representative (if other than Applicant)
EDWIN L. NASS
Firm or Company Name
CBS
Telephone Number (include area code)
2024574602
E-Mail Address (if available)
ELNASS@CBS.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
N/A (Fee Required)
4. Facility Information:
a.  Commercial Noncommercial
b.  Main Auxiliary
c.   Community of License:
City: SAN FRANCISCO State: CA
5. Program Test Authority:
  Requesting program test authority.
  Station operating pursuant to automatic program test authority (47 C.F.R. Section 73.1620(a)(1)).
6. Purpose of Application:
Cover construction permit (list original construction permit file number -- starts with the prefix BPCDT, BPEDT, BMPCDT or BPMEDT): BXPCDT-20130522ACH
Modify an authorized license (list license file number -- starts with the prefix BLCDT, BMLCDT or BMLEDT): -
Amend a 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/Permittee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee/Permittee 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.
Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met.
Yes No

See Explanation in
[Exhibit 2]

3.
Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect.
Yes No

See Explanation in
[Exhibit 3]

4.
Character Issues. Licensee/Permittee certifies that neither licensee/permittee nor any party to the application has or has had any interest in, or connection with:

a. any broadcast application in any proceeding where character issues were left
    unresolved or were resolved adversely against the applicant or party to the
    application; or
b. any pending broadcast application in which character issues have been raised.
Yes No

See Explanation in
[Exhibit 4]

5.
Adverse Findings. Licensee/Permittee certifies that, with respect to the licensee/permittee and any party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination.
Yes No

See Explanation in
[Exhibit 5]

6.
Anti-Drug Abuse Act Certification. Licensee/Permittee certifies that neither licensee/permittee 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
HOWARD JAECKEL
Typed or Printed Title of Person Signing
ASSISTANT SECRETARY
Signature
Date
07/29/2013



Section III - Engineering

TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable.

TECH BOX

1.

Channel: 45

2.

Operating Constants

Transmitter power output (average power at input to transmission line, after any filter attached to the transmitter, if used)
Transmission line power loss
11.84 dBk           15.26 kW 1.116 dB
Antenna Input power Maximum antenna power gain Maximum effective radiated power
10.72 dBk 16.27 dB 26.99 dBk          500 kW

3.

Antenna Data

Manufacturer
DIE
Model
TUA-C4SP-12/40U-1-S

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.

CERTIFICATION

4. Main Studio Location. The main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 6]

5. Constructed Facility The facility was constructed as authorized in the underlying construction permit or complies with 47 C.F.R. Section 73.1690. Yes No

See Explanation in
[Exhibit 7]

6. Special Operating Conditions.    The facility was constructed in compliance with all special operating conditions, terms, and obligations described in the construction permit.

An exhibit may be required.    Review the underlying construction permit

Yes No

See Explanation in
[Exhibit 8]

7. Transmitter. The transmitter complies with 47 C.F.R. Section 73.1660. Yes No

See Explanation in
[Exhibit 9]

APPLICATION FILED PURSUANT TO 47 C.F.R. SECTIONS 73.1675(c) OR 73.1690(c).

Only applicants filing this application pursuant to 47 C.F.R. Sections 73.1675(c) or 73.1690(c) must complete the following section.

8.

Changing transmitter power output.     Is this application being filed to authorize a change in transmitter power output caused by the replacement of an omnidirectional antenna with another omnidirectional antenna or an alteration of the transmission line system? See 47 C.F.R. Sections 73.1690(c)(1) and (c)(10). Yes No
9. Replacing a directional antenna.     Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(3) to replace a directional antenna with another directional antenna?

If "Yes" to the above, the applicant certifies the following:

Yes No

a. Pattern of Directional Antenna. The proposed theoretical antenna pattern complies with 47 C.F.R. Section 73.1690(c)(3). Exhibit is required.


Yes No

See Explanation in
[Exhibit 10]

10 Use a formerly licensed main facility as an auxiliary facility.     Is this application being filed pursuant to 47 C.F.R. Section 73.1675(c)(1) to request authorization to use a formerly licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility?

If "Yes" to the above, the applicant certifies the following:

Yes No
a. Auxiliary antenna service area. The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a). Exhibit is required.


Yes No

See Explanation in
[Exhibit 11]

b. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1 306 (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).

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 12]

11.

Change the license status.    Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(9) to change the license status from commercial to noncommercial or from noncommercial to commercial?

If "Yes" to above, submit an exhibit providing full particulars. For applications changing license status from commercial to noncommercial, include Section II of FCC Form 340 as an exhibit to this application.

Yes No


[Exhibit 13]

PREPARER'S CERTIFICATION ON PAGE 6 MUST BE COMPLETED AND SIGNED



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
EDWIN L. NASS
Relationship to Applicant (e.g., Consulting Engineer)
DIRECTOR OF SPTECTRUM MANAGEMENT
Signature
Date
07/29/2013
Mailing Address
1800 K STREET NW, SUITE 920
City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2024574602
E-Mail Address (if available)
ELNASS@CBS.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).



Exhibits
Exhibit 4
Description:
CHARACTER RELATED ISSUES STATEMENT

CHARACTER-RELATED ALLEGATIONS WERE RAISED (I) IN A PETITION TO DENY ('WXYT PETITION TO DENY') FILED ON SEPTEMBER 1, 2004 BY RIGHT TO DECENCY, INC. ('RTD') AND AMERICAN DECENCY ASSOCIATION ('ADA') AGAINST THE APPLICATION FOR RENEWAL OF LICENSE FOR STATION WXYT-FM (FORMERLY WKRK-FM), DETROIT, MICHIGAN, FCC FILE NO. BRH-20040601BHZ AND (II) IN AN INFORMAL OBJECTION ('WXRK INFORMAL OBJECTION') FILED ON MAY 24, 2006 ALSO BY RTD AND ADA AGAINST THE APPLICATION FOR RENEWAL OF LICENSE FOR STATION WXRK(FM) (FORMERLY WFNY-FM), NEW YORK, NY, FCC FILE NO. BRH-20060201BAP. THE LICENSEE OF WXYT-FM AND WXRK(FM) (CBS RADIO EAST INC.) AND THE LICENSEE OF THE APPLICANT ARE COMMONLY OWNED. IN THE WXYT PETITION TO DENY THE PETITIONERS SUGGESTED THAT THE LICENSEE OF WXYT-FM LACKED THE BASIC CHARACTER QUALIFICATIONS TO BE A COMMISSION LICENSEE BECAUSE OF ALLEGED VIOLATIONS OF THE COMMISSION'S RULE ON THE BROADCAST OF INDECENT MATERIAL. IN THE WXRK INFORMAL OBJECTION, RTD AND ADA INCORPORATED BY REFERENCE THE WXYT PETITION TO DENY, REFERENCED THE PROGRAMMING AT ISSUE IN INFINITY BROADCASTING OPERATIONS, INC., NOTICE OF APPARENT LIABILITY FOR FORFEITURE, 18 FCC RCD 19954 (2003) ('OPIE AND ANTHONY NAL'), AND SUGGESTED THAT THE LICENSEE OF WXRK(FM) LACKED THE BASIC CHARACTER QUALIFICATIONS TO BE A COMMISSION LICENSEE BECAUSE OF ALLEGED VIOLATIONS OF THE COMMISSION'S RULE ON THE BROADCAST OF INDECENT MATERIAL.

ON NOVEMBER 23, 2004, THE FCC APPROVED A CONSENT DECREE ('2004 CONSENT DECREE') ENTERED BY VIACOM INC. (NOW KNOWN AS CBS CORPORATION) WHICH RESOLVED ALL ALLEGATIONS THAT VIACOM INC. AND ITS LICENSEE SUBSIDIARIES HAD VIOLATED THE BROADCAST INDECENCY LAWS WITH RESPECT TO ANY MATERIAL BROADCAST BEFORE THAT DATE, WITH THE EXCEPTION OF THE CBS TELEVISION NETWORK'S COVERAGE OF THE SUPER BOWL HALFTIME SHOW ON FEBRUARY 1, 2004. IN ITS ORDER APPROVING THE 2004 CONSENT DECREE, THE COMMISSION STATED THAT 'THERE ARE NO SUBSTANTIAL AND MATERIAL QUESTIONS OF FACT IN REGARD TO THESE MATTERS AS TO WHETHER VIACOM POSSESSES THE BASIC QUALIFICATIONS, INCLUDING ITS CHARACTER QUALIFICATIONS, TO HOLD OR OBTAIN ANY FCC LICENSES OR AUTHORIZATIONS.' IN THE MATTER OF VIACOM INC., ET AL., 19 FCC RCD 23100 (REL. NOV. 23, 2004), RECON. DENIED 21 FCC RCD 12223 (REL. OCT. 17, 2006) ('2006 ORDER ON RECONSIDERATION'). ALTHOUGH THE WXRK INFORMAL OBJECTION WAS FILED AFTER THE 2004 CONSENT DECREE, THE ALLEGATIONS SET FORTH IN THE WXRK INFORMAL OBJECTION WERE VAGUE AND GENERALLY RELATED TO ALLEGED VIOLATIONS OF THE COMMISSION'S RULE ON THE BROADCAST OF INDECENT MATERIAL (A) THAT AROSE PRIOR TO THE EFFECTIVE DATE OF THE 2004 CONSENT DECREE (NOV. 23, 2004) AND (B) THAT WERE GOVERNED BY THE 2004 CONSENT DECREE AND 2006 ORDER ON RECONSIDERATION (ISSUED AFTER THE WXRK INFORMAL OBJECTION WAS FILED). SEE 2006 ORDER ON RECONSIDERATION, 21 FCC RCD AT 12225-26 ('THE COMMISSION... AGREED NOT TO USE THE FACTS OF THE [2004] CONSENT DECREE, THE FORFEITURE ORDERS, THE PENDING INQUIRIES OR COMPLAINTS, 'OR ANY SIMILAR COMPLAINTS' REGARDING PROGRAMMING AIRED BEFORE THE [2004] CONSENT DECREE'S EFFECTIVE DATE [(NOV. 23, 2004)] FOR ANY PURPOSE RELATING TO VIACOM OR ITS STATIONS, AND TO TREAT ALL SUCH MATTERS AS NULL AND VOID.'). ISSUES RELATING TO THE 2004 SUPER BOWL HALFTIME SHOW HAVE NOW BEEN RESOLVED WITHOUT ADVERSE CONSEQUENCE TO CBS-OWNED STATIONS. SEE CBS CORP. V FCC, 663 F. 3D 122 (3D CIR. 2011), CERT. DENIED, FCC V. CBS CORP., 567 U.S. ___, 2012 U.S. LEXIS 4880 (2012).


Attachment 4