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 - 20030618ABE
1. Legal Name of the Licensee/Permittee
CHRISTIAN TELEVISION OF PALM BEACH COUNTY, INC.
Mailing Address
1900 S. CONGRESS AVE., SUITE B

City
WEST PALM BEACH
State or Country (if foreign address)
FL
Zip Code
33406 -
Telephone Number (include area code)
4076423361
E-Mail Address (if available)
FCC Registration Number:
0005936562
Call Sign
WFGC-DT
Facility Identifier 
11123
2. Contact Representative (if other than licensee/permittee)
JOSEPH C. CHAUTIN, III, ESQ.
Firm or Company Name
HARDY, CAREY & CHAUTIN, LLP
Mailing Address
110 VETERANS BLVD, SUITE 300

City
METAIRIE
State or Country (if foreign address)
LA
ZIP Code
70005 -
Telephone Number (include area code)
5048304646

E-Mail Address (if available)
JCHAUTIN@HARDYCAREY.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: PALM BEACH State: FL
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. BMPCDT-20021028AAK Expiration Date: 07/21/2003
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: 01/07/2004
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
ROBERT D'ANDREA
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/18/2003

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:
EXHIBIT 1

CHRISTIAN TELEVISION OF PALM BEACH COUNTY, INC. FILED AN APPLICATION FOR A DTV CONSTRUCTION PERMIT ON OCTOBER 28, 1999, FILE NUMBER BPCDT-19991028ABC, WHICH WAS GRANTED ON JANUARY 25, 2002. CTPBC OBTAINED AN EXTENSION OF ITS PERMIT ON MARCH 4, 2002, FILE NUMBER BEPCDT-20020226ACD, WHICH EXPIRED NOVEMBER 1, 2002. CTPBC OBTAINED A SECOND EXTENSION ON JANUARY 9, 2002, FILE NUMBER BEPCDT-20020829ABX. THIS EXTENSION WILL EXPIRE ON JULY 21, 2003.

DURING THE EARLY SPRING OF 2003, CTPBC COMPLETED ITS PREPARATION FOR MEETING THE JULY 21, 2003 DEADINE. THE DTV TRANSMITTER HAS BEEN INSTALLED SINCE APRIL, THE ANTENNA HAS BEEN DELIVERED AND IS ON SITE, A TOWER CREW HAS BEEN SCHEDULED TO COMPLETE THE INSTALLATION, AND THE TRANSMISSION LINE IS ON SITE READY FOR INSTALLATION. HOWEVER, THE LESSOR OF THE ANTENNA TOWER SPACE,AMERICAN TOWER ('AT'), HAS CREATED AN UNFORESEEABLE LEGAL OBSTACLE THAT WILL PREVENT CTPBC FROM MEETING THE JULY 21, 2003 CONSTRUCTION DEADLINE BECAUSE IT HAS ONLY RECENTLY FORBADE CTPBC FROM COMMENCING DIGITAL BROADCASTS USING ITS DIGITAL/ANALOG ANTENNA UNTIL CTPBC SIGNS A DIFFERENT DIGITAL LEASE.

SPECIFICALLY, ON APRIL 2, 2003, CTPBC MET WITH THE LESSOR TO DISCUSS ISSUES RELATING TO THE INSTALLATION OF THE DUAL DIGITAL/ANALOG ANTENNA. PRIOR TO THIS DATE, AT HAD DISCUSSED WITH CTPBC SWAPPING OUT THE OLD ANALOG ANTENNA WITH THE NEW ANALOG/DIGITAL ANTENNA AS WELL AS THE TRANSMISSION LINE. AT HAD NEVER INDICATED THAT THE ANTENNA SWAP OR COMMENCEMENT OF DIGITAL BROADCASTS FROM THE TOWER WERE GOING TO BE A PROBLEM OR WOULD REQUIRE ANY FURTHER ACTION BY CTPBC.

AT THE APRIL 2ND MEETING, FOR THE FIRST TIME, AT INFORMED CTPBC THAT A SECOND LEASE WOULD BE REQUIRED FOR THE DIGITAL EQUIPMENT BEFORE IT WOULD ALLOW CTPBC TO INSTALL THE NEW ANTENNA. CTPBC COUNTERED THAT A NEW LEASE SHOULD NOT BE NECESSARY SINCE THEY WERE USING THE SAME SPACE ON THE TOWER FOR THE ANTENNA AND TRANSMISSION LINE, AND THE SAME SPACE IN THE TRANSMITTER BUILDING, AND WOULD THEREFORE TAKE UP NO MORE SPACE THAN BEFORE. AT REFUSED TO RECONSIDER THEIR REQUIREMENT AND TOLD CTPBC THAT THEY MUST HAVE A SECOND LEASE. ALSO, AT REQUESTED A TOWER ANALYSIS TO SEE WHAT IMPACT THE NEW ANTENNA WOULD HAVE, IF ANY, ON THE TOWER, EVEN THOUGH CTPBC HAD EARLIER BEEN TOLD BY THE TOWER MANUFACTURER THAT THERE WOULD BE NO WINDLOAD IMPACT WITH THE NEW ANTENNA.

AT THE END OF APRIL, CHRIS MAVROS, AN ENGINEER FOR CTPBC, GAVE AT A WIND LOAD ANALYSIS FROM THE TOWER MANUFACTURER. IN THAT ANALYSIS, THE TOWER MANUFACTURER HAD DETERMINED, AND CTPBC LEARNED FOR THE FIRST TIME, THAT ANTENNA STRUTS WOULD HAVE TO BE INSTALLED ON THE TOWER TO ACCOUNT FOR WIND LOAD PROBLEMS CAUSED BY THE NEW ANTENNA, AT A COST OF $150,000. A WEEK LATER, THE TOWER MANUFACTURER INFORMED CTPBC THAT IT HAD MISCALCULATED THE TOWER WINDLOAD RATING IN THE STUDY, AND HAD SINCE RECALCULATED THE WINDLOAD STUDY USING LOWER WINDLOAD RATINGS, WHICH DROPPED THE STRUTS COST TO $64,000. THE STRUTS HAVE BEEN ORDERED, $32,000 HAS BEEN PAID BY CTPBC TOWARD THE BALANCE, AND THE STRUTS WILL BE INSTALLED WITH THE ANTENNA.

DESPITE AT'S REQUIREMENT FOR A NEW LEASE AS OF APRIL 2, CTPBC DID NOT RECEIVE A DRAFT OF THIS LEASE FROM AT UNTIL JUNE 2, 2003. THE LEASE TERMS LIST THE RENT FOR THE DIGITAL AT $5,000 PER MONTH.

THE COMBINED RENT OF BOTH THE ANALOG AND DIGITAL LEASE OF $12,000 PER MONTH IS ALMOST TWICE THE RENT CTPBC IS CURRENTLY PAYING FOR THE SAME SPACE ON THE TOWER. ECONOMICALLY, CTPBC CANNOT JUSTIFY THIS EXTRA EXPENSE.

GIVEN CTPBC'S EARLIER DISCLOSURE OF ITS PLANS, AND AT'S ACCEPTANCE OF THEM, AT'S LAST MINUTE REQUIREMENT FOR A NEW LEASE FOR DIGITAL WAS NOT FORSEEABLE. CTPBC IS IN THE PROCESS OF NEGOTIATING WITH THE LESSOR TO EITHER DROP THE LEASE OR FOR MORE FAVORABLE TERMS. CTPBC DOES NOT FORESEE BEING ABLE TO REACH AN AGREEMENT AND INSTALL THE ANTENNA PRIOR TO THE JULY 21, 2003 DEADLINE. GIVEN THE UNFORSEEN NATURE OF THIS OBSTACLE AND THE EFFORTS THAT CTPBC IS MAKING TO RESOLVE THE PROBLEM, CTPBC RESPECTFULLY REQUESTS A FURTHER SIX-MONTH EXTENSION OF THE DEADLINE TO BUILD OUT WFGC-DT'S DIGITAL FACILITIES.

Attachment 1


Exhibit 2
Description:
EXHIBIT 2

SEE EXHIBIT 1

Attachment 2