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 - 20021010AAU
1. Legal Name of the Licensee/Permittee
SHOCKLEY BROADCASTING, LLC
Mailing Address
410 CHARMANY DRIVE
SUITE 200

City
MADISON
State or Country (if foreign address)
WI
Zip Code
53719 - 1219
Telephone Number (include area code)
6082883040
E-Mail Address (if available)
FCC Registration Number:
0004985305
Call Sign
KXLT-DT
Facility Identifier 
35906
2. Contact Representative (if other than licensee/permittee)
SHELLEY SADOWSKY
Firm or Company Name
KMZROSENMAN
Mailing Address
1025 THOMAS JEFFERSON ST., NW
EAST LOBBY, SUITE 700

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20007 - 5201
Telephone Number (include area code)
2026253719

E-Mail Address (if available)
SHELLEY.SADOWSKY@KMZR.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: ROCHESTER State: MN
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-19991026ABN Expiration Date: 11/01/2002
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: 05/01/2003
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
TERRY K. SHOCKLEY
Typed or Printed Title of Person Signing
MANAGER
Signature
Date
10/10/2002

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:
REASON FOR REQUESTING EXTENSION OF TIME

SHOCKLEY BROADCASTING, LLC ('SHOCKLEY') REQUESTS A SECOND EXTENSION OF TIME TO COMPLETE THE CONSTRUCTION OF KXLT-DT SOLELY OUT OF AN ABUNDANCE OF CAUTION. THE KXLT-DT CONSTRUCTION PERMIT IS CURRENTLY DUE TO EXPIRE ON NOVEMBER 1, 2002. IMPORTANTLY, WHILE SHOCKLEY HAS BEEN INFORMED BY ITS ENGINEER IN CHARGE OF THE KXLT-DT CONSTRUCTION PROJECT THAT THE PROJECT COULD BE COMPLETED BETWEEN OCTOBER 16-18, 2002, SHOCKLEY CANNOT MOVE FORWARD TO COMPLETE THE PROJECT UNTIL SHOCKLEY'S PENDING REQUEST FOR SPECIAL TEMPORARY AUTHORITY ('STA') TO OPERATE KXLT-DT WITH REDUCED POWER IS GRANTED BY THE COMMISSION STAFF. SHOCKLEY'S STA FOR KXLT-DT REQUEST WAS FILED ON OCTOBER 9, 2002. EVEN THOUGH IT IS PROBABLE THAT THE STA WILL BE GRANTED WITHIN THE CUSTOMARY TEN-DAY PERIOD, AND KXLT-DT COULD THEN COMMENCE OPERATIONS BEFORE THE CURRENT NOVEMBER 1 DEADLINE, SHOCKLEY DOES NOT WANT TO RISK THE POSSIBILITY THAT THE KXLT-DT CONSTRUCTION PERMIT WILL LAPSE DUE TO AN UNFORESEEN DELAY EITHER IN THE FCC PROCESSING OF THE STA REQUEST OR IN THE CONSTRUCTION OF THE KXLT-DT FACILITIES.

Attachment 1


Exhibit 2
Description:
EFFORTS TO OVERCOME DELAY IN COMPLETING CONSTRUCTION

THE ONLY ITEM OF DTV EQUIPMENT THAT SHOCKLEY DID NOT HAVE IN HAND BEFORE SEEKING THE FIRST EXTENSION OF THE KXLT-DT CONSTRUCTION PERMIT WAS THE KXLT-DT TRANSMITTER. HOWEVER, THAT TRANSMITTER IS NOW IN HAND, AND THE ONLY IMPEDIMENT THAT CURRENTLY EXISTS TO SHOCKLEY'S CONSTRUCTION OF THE KXLT-DT FACILITIES IS THE REQUIREMENT THAT IT SECURE SPECIAL TEMPORARY AUTHORITY ('STA')FOR KXLT-DT TO OPERATE WITH REDUCED EFFECTIVE RADIATED POWER. AS INDICATED IN EXHIBIT 2, SHOCKLEY'S STA REQUEST WAS FILED ON OCTOBER 9, 2002, AND SHOCKLEY STANDS READY TO COMPLETE THE KXLT-DT CONSTRUCTION IMMEDIATELY UPON GRANT OF THE STA.

Attachment 2