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 - 20030910ABW
1. Legal Name of the Licensee/Permittee
THE GREATER NEW ORLEANS EDUCATIONAL TELEVISION FOUNDATION
Mailing Address
916 NAVARRE AVENUE
P.O. BOX 24026

City
NEW ORLEANS
State or Country (if foreign address)
LA
Zip Code
70184 - 4026
Telephone Number (include area code)
5044865511
E-Mail Address (if available)
VGIANCOLA@WYES.ORG
FCC Registration Number:
0003803277
Call Sign
WYES-DT
Facility Identifier 
25090
2. Contact Representative (if other than licensee/permittee)
LAWRENCE M. MILLER
Firm or Company Name
SCHWARTZ, WOODS & MILLER
Mailing Address
1350 CONNECTICUT AVENUE, N.W.
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)
MILLER@SWMLAW.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: NEW ORLEANS State: LA
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-20000210AAE 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
RANDALL FELDMAN
Typed or Printed Title of Person Signing
PRESIDENT AND GENERAL MANAGER
Signature
Date
09/10/2003

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 LICENSEE REQUESTS FURTHER EXTENSION OF ITS DTV CONSTRUCTION PERMIT. IN THE FIRST REQUEST FOR EXTENSION THE LICENSEE STATED THAT STATE REQUIREMENTS HAD DELAYED THE BIDDING PROCESS FOR ACQUISITION OF THE DTV TRANSMITTER BUT THAT IT EXPECTED TO AWARD A CONTRACT SHORTLY AFTER MARCH 11, 2003. THE LICENSEE PLACED THAT ORDER, ALTHOUGH DELIVERY TOOK LONGER THAN ANTICIPATED AND THE TRANSMITTER HAS JUST BEEN DELIVERED. INSTALLATION IS SCHEDULED FOR THE WEEK OF SEPTEMBER 15, 2003. ALSO, SINCE THE TIME OF THE LAST EXTENSION THE DIGITAL MICROWAVE LINK HAS BEEN INSTALLED.

AS NOTED IN THE PRIOR EXTENSION REQUEST, THE LICENSEE HAS AN AGREEMENT WITH A COMMERCIAL TELEVISION BROADCASTER UNDER WHICH THAT BROADCASTER IS RESPONSIBLE FOR THE MAINTENANCE OF THE PUBLIC TELEVISION STATION ANTENNA AND TRANSMISSION LINE. THE LINE, WHICH WILL BE USED FOR THE DTV INSTALLATION, HAS DETERIORATED, AND RATHER THAN REPAIRING IT, THE COMMERCIAL LICENSEE HAS DECIDED TO REPLACE THE ENTIRE ANTENNA SYSTEM. THE LICENSEE IN OCTOBER 2002 REQUESTED THE COMMERCIAL BROADCASTER TO ORDER THE NEEDED EQUIPMENT. HOWEVER, THAT BROADCASTER DELAYED ADDRESSING THE SITUATION UNTIL ITS NEW FISCAL YEAR STARTED ON MARCH 1, 2003. IT THEN TOOK A COUPLE OF MONTHS FOR THE LICENSEE TO CONVINCE THAT BROADCASTER THAT A STRUCTURAL ANALYSIS OF THE TOWER WAS NEEDED TO SEE WHAT MODIFICATIONS MIGHT BE NEEDED TO SUPPORT THE NEW ANTENNA AND TRANSMISSION LINE. THE ANALYSIS WAS ORDERED IN MAY AND WAS NOT FINISHED UNTIL JULY, BECAUSE THE TOWER COMPANY HAD A LARGE BACKLOG OF PROJECTS. THERE WERE SOME DISCREPANCIES IN THAT ANALYSIS, AND THE TOWER COMPANY HAD TO COME TO THE SITE IN AUGUST AND MAKE ACTUAL MEASUREMENTS TO RESOLVE THE DISCREPANCIES. THE LICENSEE NOW AWAITS THE FINAL ANALYSIS.

WHEN THE STRUCTURAL ANALYSIS IS COMPLETED, THE COMMERCIAL BROADCASTER WILL PROCEED WITH ANY NEEDED TOWER MODIFICATIONS. ALSO, THE LICENSEE WILL THEN KNOW THE TOTAL COST OF THE ANTENNA AND TRANSMISSION LINE PART OF THE PROJECT. IT CAN THEN SECURE PART OF THE FUNDS FROM THE RESPONSIBLE COMMERCIAL BROADCASTER AND MODIFY ITS PTFP GRANT, WHICH WILL COVER THE BALANCE.

Attachment 1


Exhibit 2
Description:
APPLICANT'S EFFORTS TO COMPLETE CONSTRUCTION

SEE EXHIBIT 1.

Attachment 2