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 - 20020301ADS
1. Legal Name of the Licensee/Permittee
W. RUSSELL WITHERS, JR.
Mailing Address
3501 BROADWAY

City
MT. VERNON
State or Country (if foreign address)
IL
Zip Code
62864 -
Telephone Number (include area code)
6182423500
E-Mail Address (if available)
FCC Registration Number:
0006101828
Call Sign
KREY-DT
Facility Identifier 
70579
2. Contact Representative (if other than licensee/permittee)
M. SCOTT JOHNSON, ESQUIRE
Firm or Company Name
GARDNER, CARTON & DOUGLAS
Mailing Address
1301 K STREET, N.W, SUITE 900

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2024087122

E-Mail Address (if available)
SJOHNSON@GCD.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: MONTROSE State: CO
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-19991029AFY Expiration Date: 05/01/2002
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: 11/01/2002
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
W. RUSSELL WITHERS, JR.
Typed or Printed Title of Person Signing
INDIVIDUAL
Signature
Date
02/28/2002

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:
EXHIBIT ONE

PLEASE SEE ATTACHED EXHIBIT

Attachment 1
Description
KREY Exhibit 1 Request for Additional Time to Construct