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 - 20040311ACV
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)
5616423361
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: 04/24/2004
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: 10/24/2004
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
03/11/2004

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

THE FCC ISSUED CHRISTIAN TELEVISION OF PALM BEACH COUNTY, INC.'S (CTPBC) DIGITAL PERMIT FOR WFGC ON JANUARY 25, 2002. THE FCC HAS GRANTED THREE EXTENSIONS OF THE PERMIT (BEPCDT-20020226ACD, BEPCDT-20020829ABX, AND BEPCDT-20030618ABE). THE CURRENT EXTENSION EXPIRES ON APRIL 24, 2004.

SINCE ITS LAST EXTENSION APPLICATION, CTPBC HAS COMPLETED CONSTRUCTION OF WFGC-DT. THE FINAL ACTION REQUIRED TO COMPLETE CONSTRUCTION WAS THE INSTALLATION OF STRUTS ON THE TOWER FOR WINDLOAD PURPOSES AND THE MOUNTING OF THE DUAL ANALOG/DIGITAL ANTENNA. ALL TRANSMITTING EQUIPMENT IS INSTALLED AND READY FOR OPERATION.

ACTUAL OPERATION OF WFGC-DT HAS NOT COMMENCED BECAUSE OF AN ONGOING DISPUTE WITH THE TOWER OWNER THAT WAS ORIGINALLY REPORTED IN CTPBC'S LAST EXTENSION APPLICATION. DESPITE THE FACT THAT WFGC-DT'S OPERATION OCCUPIES NO ADDITIONAL SPACE ON THE TOWER THAN ITS PRESENT ANALOG EQUIPMENT, THE TOWER OWNER INSISTS THAT A SEPARATE LEASE FOR $5,000 PER MONTH MUST BE ENTERED INTO BEFORE DIGITAL BROADCASTS CAN COMMENCE. CTPBC HAS MAINTAINED THAT ITS DIGITAL OPERATIONS ARE COVERED BY LANGUAGE OF THE EXISTING ANALOG LEASE, AND HAS ATTEMPTED TO NEGOTIATE WITH THE TOWER OWNER TO PERMIT DIGITAL OPERATIONS UNDER THAT LEASE. AS REPORTED IN ITS LAST EXTENSION REQUEST, THE TOWER OWNER WAS FULLY AWARE THAT THE NEW ANTENNA TO BE MOUNTED WAS A DUAL ANALOG/DIGITAL ANTENNA, BUT DID NOT DEMAND A SEPARATE LEASE FOR DIGITAL OPERATIONS UNTIL CTPBC WAS READY TO MOUNT THE ANTENNA. INDEED, CTPBC HAD EVEN APPLIED FOR AND OBTAINED SPECIAL TEMPORARY AUTHORITY FOR A LOWER-POWERED DIGITAL OPERATION (BDSTA-20030314CLP) IN ANTICIPATION OF COMMENCING DIGITAL OPERATIONS. THE DUAL ANTENNA, NOW MOUNTED, IS ONLY TRANSMITTING AN ANALOG SIGNAL AT THIS TIME.

CTPBC HAS ATTEMPTED TO NEGOTIATE A COMPROMISE SOLUTION TO PERMIT COMMENCEMENT OF DIGITAL OPERATIONS, BUT THOSE NEGOTIATIONS HAVE NOT BEEN PRODUCTIVE. THE PARTIES CONTINUE TO DISAGREE OVER WHETHER THE LANGUAGE OF THE EXISTING LEASE ALLOWS DIGITAL TRANSMISSIONS. THE ONGOING DISPUTE, AND THE TOWER OWNER'S REFUSAL TO PERMIT DIGITAL TRANSMISSIONS WITHOUT A NEW LEASE CONSTITUTE CONTINUING LEGAL OBSTACLES THAT PROHIBIT CTPBC FROM COMMENCING DIGITAL OPERATIONS, EVEN THOUGH IT HAS COMPLETELY FINISHED PHYSICAL CONSTRUCTION OF WFGC-DT. HOWEVER, UNDER THE FCC'S RULES, CONSTRUCTION IS NOT COMPLETE UNDER THE PERMIT UNTIL WFGC-DT COMMENCES DIGITAL TRANSMISSIONS. CTPBC IS COMMITTED TO RESOLVING THIS MATTER, AND WILL CONTINUE ITS EFFORTS TO DO SO. IN THE INTERIM, CTPBC RESPECTFULLY REQUESTS AN ADDITIONAL SIX-MONTH EXTENSION OF TIME TO COMMENCE DIGITAL TRANSMISSIONS UNDER THE WFGC-DT PERMIT.

Attachment 1


Exhibit 2
Description:
EXHIBIT 2

SEE EXHIBIT 1

Attachment 2