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.

BEPEDT - 20030905AAL
1. Legal Name of the Licensee/Permittee
BARRY TELECOMMUNICATIONS, INC.
Mailing Address
STATIONS WXEL-TV/FM
P.O. BOX 6607

City
WEST PALM BEACH
State or Country (if foreign address)
FL
Zip Code
33405 -
Telephone Number (include area code)
5617378000
E-Mail Address (if available)
JCARR@WXEL.ORG
FCC Registration Number:
0005041389
Call Sign
WXEL-DT
Facility Identifier 
61084
2. Contact Representative (if other than licensee/permittee)
MALCOLM G. STEVENSON
Firm or Company Name
SCHWARTZ, WOODS & MILLER
Mailing Address
1350 CONNECTICUT AVENUE, NW
SUITE 300

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20036 - 1717
Telephone Number (include area code)
2028331700

E-Mail Address (if available)
STEVENSON@SWMLAW.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: WEST 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. BPEDT-20000403AAT Expiration Date: 11/09/2003
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: 05/09/2004
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
JERRY CARR
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
09/05/2003

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:
REASONS REQUIRING ADDITIONAL TIME TO CONSTRUCT

THE INSTANT APPLICATION REQUESTS AN EXTENSION OF TIME, THROUGH AND INCLUDING MAY 9, 2004, TO COMPLETE CONSTRUCTION OF PUBLIC STATION WXEL-DT, WEST PALM BEACH, FLORIDA (FCC FILE NO. BPEDT-20000403AAT) IN ACCORDANCE WITH THE COMMISSIONS RULES AND REGULATIONS GOVERNING IMPLEMENTATION OF DIGITAL TELEVISION OPERATIONS. AS SHOWN BELOW, LICENSEE BARRY TELECOMMUNICATIONS, INC. (BARRY) HAS ACTED WITH DUE DILIGENCE TO IMPLEMENT NONCOMMERCIAL EDUCATIONAL DIGITAL SERVICE TO THE WEST PALM BEACH COMMUNITY. BARRY IS PLEASED TO REPORT THAT IT HAS MADE SUBSTANTIAL PROGRESS IN THIS REGARD AND FULLY EXPECTS TO ACTIVATE DIGITAL OPERATIONS WITHIN THE NEXT SIX MONTHS. IN FACT, WHILE BARRY PREVIOUSLY ANTICIPATED COMMENCING DTV OPERATIONS AT LOW POWER, IT NOW APPEARS THAT IT WILL ACTIVATE AT FULL POWER. UNDER THE CIRCUMSTANCES, GRANT OF THE INSTANT EXTENSION REQUEST WOULD WELL SERVE THE PUBLIC INTEREST IN ACCESS TO NONCOMMERCIAL EDUCATIONAL DIGITAL TELEVISION SERVICE.

SET FORTH BELOW IS A SUMMARY DETAILING THE LICENSEES EFFORTS TO IMPLEMENT DIGITAL SERVICE AND PROGRESS DURING THE MOST RECENT CONSTRUCTION PERIOD.

1. SHORTLY AFTER THE FCC ADOPTED RULES MANDATING THE TRANSITION FROM ANALOG TO DIGITAL SERVICE, BARRY DEVELOPED A DIGITAL TRANSITION PLAN, WHICH IT HAS MODIFIED FROM TIME TO TIME.

2. BARRY BEGAN A CAPITAL CAMPAIGN TO RAISE APPROXIMATELY $7.0 MILLION TO FUND THE DIGITAL TRANSITION. TO DATE, BARRY HAS RAISED APPROXIMATELY $4.5 MILLION IN PRIVATE FUNDS. IN ADDITION, BARRY LATE LAST YEAR WAS AWARDED FUNDING FROM THE CORPORATION FOR PUBLIC BROADCASTINGS DIGITAL UNIVERSAL SERVICE FUND (DUSF). DURING THE LATEST CONSTRUCTION PERIOD, THIS GRANT AWARD WAS FINALIZED AND BARRY THIS SUMMER WAS AWARDED NTIA FUNDS OF APPROXIMATELY $1.2 MILLION. BARRY IS IN THE PROCESS OF FINALIZING THE LAST ELEMENT OF PRIVATE FUNDING WHICH IS NECESSARY TO MOVE FORWARD WITH CONSTRUCTION. EQUIPMENT HAS BEEN SELECTED AND WILL BE ORDERED SHORTLY. ONCE ORDERED, IT WILL TAKE APPROXIMATELY THREE MONTHS TO ARRANGE FOR A TOWER CREW TO INSTALL THE ANTENNA AND RELATED EQUIPMENT.

3. AS NOTED IN ITS LAST EXTENSION REQUEST, PENDING TOWER LEASING ISSUES WERE RESOLVED IN A MANNER WHICH WILL PERMIT BARRY CONTINUED NTSC AND NEW DTV OPERATIONS AT ITS EXISTING SITE.

4. AS ALSO NOTED IN ITS LAST EXTENSION REQUEST, BARRYS WXEL-DT PROPOSAL WAS THE SUBJECT OF EXTENSIVE LITIGATION BEFORE THE FCC INVOLVING BARRY, PAXSON COMMUNICATIONS, LICENSEE OF COMMERCIAL STATION WPXM-DT, MIAMI, AND NBC STATIONS MANAGEMENT, INC., LICENSEE OF COMMERCIAL STATION WTVJ-DT, MIAMI. THIS LITIGATION SUBSTANTIALLY DELAYED ISSUANCE OF THE WXEL-DT AUTHORIZATION.

5. FINALLY, AS NOTED IN ITS LAST EXTENSION REQUEST, TECHNICAL CIRCUMSTANCES REQUIRED MODIFICATION OF THE EXISTING WXEL-TV NTSC OPERATION, AND AN APPROPRIATE MINOR MODIFICATION APPLICATION WAS PROMPTLY FILED ON FEBRUARY 12, 2003 (FCC FILE NO. BPET-20030212AAE). THIS APPLICATION WAS GRANTED ON JULY 22, 2003.

Attachment 1


Exhibit 2
Description:
APPLICANT'S EFFORTS TO COMPLETE CONSTRUCTION

SEE EXHIBIT 1.

Attachment 2