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 - 20030319ACU
1. Legal Name of the Licensee/Permittee
WTVA, INC.
Mailing Address
P. O. BOX 350

City
TUPELO
State or Country (if foreign address)
MS
Zip Code
38802 -
Telephone Number (include area code)
6628427620
E-Mail Address (if available)
FCC Registration Number:
0001745389
Call Sign
WTVA-DT
Facility Identifier 
74148
2. Contact Representative (if other than licensee/permittee)
HENRY A. SOLOMON, ESQ.
Firm or Company Name
GARVEY, SCHUBERT & BARER
Mailing Address
1000 POTOMAC STREET, NW
5TH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20007 -
Telephone Number (include area code)
2029657880

E-Mail Address (if available)
HSOLOMON@GSBLAW.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: TUPELO State: MS
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. BPCDT-19990701KG 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:
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
FRANK K. SPAIN
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
03/19/2003

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:
WTVA EXHIBIT 1

APPLICANT'S FINANCIAL CONDITION REMAINS UNCHANGED FROM THAT REPORTED IN EXHIBIT NO. 1 TO ITS EXTENSION OF TIME APPLICATION FILED ON SEPTEMBER 3, 2002. THE FINANCIAL DATA SUBMITTED UNDER A REQUEST FOR CONFIDENTIALITY AND NON-DISCLOSURE ARE INCORPORATED HEREIN BY REFERENCE AT THIS PLACE. APPLICANT CONTINUES TO BE UNABLE TO FINANCE CONSTRUCTION AND OPERATION OF A DTV FACILITY ON CHANNEL 57.

APPLICANT ALSO CONTINUES TO BE INVOLVED IN LITIGATION RELATING TO UTILIZATION OF AN IN-CORE CHANNEL FOR DIGITAL OPERATIONS. IT AND THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION (MAET) PETITIONED FOR A RULE MAKING. MAET SEEKS ALLOCATION OF CHANNEL 8 TO BOONEVILLE, MS. APPLICANT IS SEEKING CHANNEL 8 FOR TUPELO. APPLICANT ACCOMPANIED ITS RULE-MAKING PETITION WITH AN APPLICATION FOR MODIFICATION OF ITS EXISTING CONSTRUCTION PERMIT (BPCDT-19990701KG) TO SUBSTITUTE CHANNEL 8 FOR CHANNEL 57. APPLICANTS RULE MAKING PETITION WAS DISMISSED AS DEFECTIVE AND APPLICANT FILED A PETITION FOR RECONSIDERATION.

ON MARCH 7, 2003 MAET FILED A PLEADING TITLED OPPOSITION TO PETITION FOR RECONSIDERATION AND ACCOMPANIED THAT PLEADING WITH A MOTION TO DISMISS APPLICANTS MINOR MODIFICATION APPLICATION (BMPCDT-20000502AAR). RESPONSES TO BOTH PLEADINGS ARE BEING FILED THIS WEEK.

APPLICANT FIRMLY BELIEVES THAT DT OPERATIONS ON CHANNEL 57 WOULD NOT SERVE THE PUBLIC INTEREST AND WOULD, AS POINTED OUT IN APPLICANTS PREVIOUS REQUESTS FOR EXTENSIONS OF TIME, HAVE SEVERE ADVERSE ECONOMIC CONSEQUENCES TO APPLICANT.

IN LIGHT OF THE UNRESOLVED LITIGATION INVOLVING ACCESS TO CHANNEL 8 FOR DTV OPERATIONS BY APPLICANT, APPLICANT RESPECTFULLY REQUESTS AN ADDITIONAL EXTENSION OF TIME WITHIN WHICH TO IMPLEMENT DTV OPERATIONS AT TUPELO, MS.


Attachment 1


Exhibit 2
Description:
WTVA EXHIBIT 2

A FULL EXPLANATION OF THE FACTS AND CIRCUMSTANCES RELATING TO NON-CONSTRUCTION ARE CONTAINED IN EXHIBIT NO. 1, WHICH IS INCORPORATED BY REFERENCE AT THIS PLACE.

Attachment 2


Exhibit 3
Description:
WTVA EXHIBIT 3

APPLICANT IS ACTIVELY PURSUING RESOLUTION OF THE LITIGATION DESCRIBED IN EXHIBIT NO. 1 HERETO. AS INDICATED, THIS WEEK APPLICANT WILL BE OPPOSING A PETITION AND MOTION FILED EARLIER THIS MONTH BY THE MISSISSIPPI AUTHORITY FOR EDUCATIONAL TELEVISION, WHICH HAS OPPOSED APPLICANTS RULE MAKING PETITION FOR A CHANNEL 8-DT ALLOTMENT AT TUPELO, MS.

Attachment 3