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 - 20040607AAG
1. Legal Name of the Licensee/Permittee
MARYLAND PUBLIC BROADCASTING COMMISSION
Mailing Address
11767 OWINGS MILLS BOULEVARD

City
OWINGS MILLS
State or Country (if foreign address)
MD
Zip Code
21117 - 1499
Telephone Number (include area code)
4105814234
E-Mail Address (if available)
KSTORMS@MPT.ORG
FCC Registration Number:
0003857380
Call Sign
WFPT-DT
Facility Identifier 
40626
2. Contact Representative (if other than licensee/permittee)
STEVEN C. SCHAFFER
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)
SCHAFFER@SWMLAW.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: FREDERICK State: MD
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-20000501ABL Expiration Date: 08/05/2004
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: 02/05/2005
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
KIRBY STORMS
Typed or Printed Title of Person Signing
DIRECTOR OF ENGINEERING
Signature
Date
06/07/2004

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:
REASONS REQUIRING ADDITIONAL TIME TO CONSTRUCT

MARYLAND PUBLIC BROADCASTING COMMISSION, D/B/A MARYLAND PUBLIC TELEVISION (MPT), IS THE STATE AGENCY THAT SERVES MARYLAND AND SURROUNDING AREAS WITH PUBLIC TELEVISION SERVICE. IT IS THE LICENSEE OF SIX FULL-SERVICE TELEVISION STATIONS WMPB, OWINGS MILLS (BALTIMORE); WMPT, ANNAPOLIS; WCPB, SALISBURY; WWPB, HAGERSTOWN; WFPT, FREDERICK; AND WGPT, OAKLAND. FOUR OF THE SIX STATIONS ARE EITHER LICENSED OR OPERATING ON PROGRAM TEST AUTHORITY, PENDING GRANT OF COVERING LICENSE APPLICATIONS. STATION WGPT-DT IS OPERATING UNDER SPECIAL TEMPORARY AUTHORITY AT LOWER THAN AUTHORIZED POWER. THE INSTANT APPLICATION IS FOR EXTENSION OF THE AUGUST 5, 2004 CONSTRUCTION DEADLINE FOR STATION WFPT, FREDERICK, FOR LEGAL AND TECHNICAL REASONS.

AS DESCRIBED IN THE INITIAL REQUEST FOR EXTENSION OF THE DIGITAL CONSTRUCTION DEADLINE (FCC FILE NO. BEPEDT-20030226AAP) FOR STATION WFPT, THERE WERE SUBSTANTIAL DELAYS IN SECURING A DIFFERENT TOWER LOCATION, THE APPLICANT HAVING DETERMINED EARLY ON THAT THE EXISTING SITE OF THE ANALOG STATION OPERATION WOULD BE INADEQUATE. AS REPORTED IN THE SECOND REQUEST (FCC FILE NO. BEPEDT-20030909ABE), VARIOUS APPROVALS REQUIRED FOR THE NEW SITE HAD BEEN RECEIVED AND A MINOR APPLICATION TO MODIFY THE CONSTRUCTION PERMIT TO THE NEW SITE WAS FILED (FCC FILE NO. BMPEDT-20030609ADG).

SINCE THE LAST EXTENSION REQUEST, BIDS WERE REVIEWED AND CONTRACTS TO SUPPLIERS WERE GRANTED. WHILE THERE HAVE BEEN UNEXPECTED DELAYS AT THE TOWER SITE, TOWER CONSTRUCTION BY OTHER AUTHORIZED STATE USERS OF THE FACILITY HAS BEGUN AND BEEN SUBSTANTIALLY COMPLETED. THE ANTENNA/LINE AND TRANSMITTER EQUIPMENT ARE SCHEDULED FOR DELIVERY TO THE SITE IN JUNE. FOLLOWING CONSULTATION WITH FCC STAFF, AN AMENDMENT TO THE PENDING APPLICATION FOR MINOR MODIFICATION OF THE CONSTRUCTION PERMIT WAS FILED ON MARCH 22, 2004, ALTHOUGH THE APPLICATION REMAINS PENDING. ASSUMING PROMPT GRANT OF THAT APPLICATION BY THE FCC, ANTENNA INSTALLATION IS SCHEDULED TOWARD THE END OF THE MONTH. THE TRANSMITTER IS TO BE INSTALLED IN JULY, A PROCESS WHICH CAN BE COMPLETED IN A FEW WEEKS.

ALTHOUGH THE DESIRED ON-AIR DATE WILL MEET THE CURRENT DEADLINE, OUT OF AN ABUNDANCE OF CAUTION MPT IS ASKING FOR A FULL SIX-MONTH EXTENSION TO FEBRUARY 4, 2005 TO ALLOW FOR UNFORESEEN PROJECT DELAYS.

Attachment 1


Exhibit 2
Description:
APPLICANT'S DILIGENT EFFORTS RE CONSTRUCTION

SEE EXHIBIT 1.

Attachment 2