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.

BEP - 20090618ADQ
1. Legal Name of the Licensee/Permittee
SAINTE PARTNERS II, LP
Mailing Address
P.O. BOX 4159

City
MODESTO
State or Country (if foreign address)
CA
Zip Code
95352 -
Telephone Number (include area code)
2095230777
E-Mail Address (if available)
FCC Registration Number:
0005004809
Call Sign
K38FQ
Facility Identifier 
58611
2. Contact Representative (if other than licensee/permittee)
GREGG P. SKALL, ESQ.
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 I STREET, NW
SEVENTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 - 2225
Telephone Number (include area code)
2028574441

E-Mail Address (if available)
GSKALL@WCSR.COM
3.
Facility Information:
a. Commercial b: Noncommercial Educational c: N/A
d. Community of License:
City: REDDING State: CA
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. BDFCDTL-20060329AHN Expiration Date: 06/19/2009
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: 12/19/2009
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
PAUL W. JOHNSON
Typed or Printed Title of Person Signing
DIRECTOR OF ENGINEERING
Signature
Date
06/18/2009

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

K38FQ WAS AUTHORIZED FOR DIGITAL BROADCASTING ON JUNE 19, 2006, PURSUANT TO BDFCDTL-20060329AHN. SAINTE IS THE LICENSEE OF TWO FULL POWER TELEVISION STATIONS (KCVU, PARADISE, CA AND KBVU, EUREKA, CA), 7 TRANSLATORS AND 10 LOW POWER TELEVISION STATIONS, ALL SERVING SMALL MARKETS IN CALIFORNIA AND OREGON. FOLLOWING THE DEATH OF ITS FOUNDER AND CONTROLLING OWNER, SAINTE HAS FACED SEVERE FINANCIAL CHALLENGES THAT HAVE BEEN WORSENED BY THE CURRENT ECONOMIC DECLINE. FORCED TO CONCENTRATE ITS RESOURCES, IT HAS MANAGED TO BUILD OUT THE DIGITAL FACILITIES ON ITS TWO FULL-POWER STATIONS IN A TIMELY MANNER.

AT THE TIME OF THIS AUTHORIZATION, SAINTE HAD EXPECTED TO BE ABLE TO EXTEND THE BENEFITS OF DIGITAL BROADCASTING TO NEARLY ALL OF ITS VIEWERS, BUT THE FINANCIAL DEMANDS OF CONVERTING THESE FACILITIES TO DIGITAL HAS REQUIRED A SLOWER PACE OF CONSTRUCTION. AN EVALUATION OF THE PROJECTS BEFORE THE LICENSEE NOW INDICATES THAT SAINTE WILL BE ABLE TO REALISTICALLY PROCEED WITH CONSTRUCTING ITS DIGITAL PERMIT FOR THIS STATION WITHIN AN ADDITIONAL SIX MONTHS. ITS SPECIFIC PLAN IS OUTLINED IN EXHIBIT 3.

WE RECOGNIZE THAT THE COMMISSION HAS IMPLEMENTED STRICT STANDARDS TO WARRANT AN EXTENSION OF DTV CONSTRUCTION DEADLINES. SEE, EG., ITS THIRD PERIODIC REVIEW, 23. FCC RCD 2994 (2007) AT PARAGRAPHS 61-84. HOWEVER, WE RESPECTFULLY NOTE THAT THESE POLICIES WERE TIGHTENED IN ORDER TO MEET A CONGRESSIONALLY-MANDATED DEADLINE FOR THE ABANDONMENT OF ANALOG BROADCASTING BY FULL-POWER STATIONS AND RECLAMATION OF THEIR SPECTRUM FOR PUBLIC SAFETY AND OTHER USES. NO DEADLINE HAS YET BEEN SET FOR TRANSLATORS OR LOW POWER STATIONS, WHICH MAY CONTINUE ANALOG OPERATION FOR AT LEAST SEVERAL MORE YEARS. IN ADDITION, WE NOTE THAT THE PRESENT AUTHORIZATION IS FOR FLASH-CUT CONVERSION, SUCH THAT NO SPECTRUM WILL BE FREED AND THUS AVAILABLE FOR OTHER USES FOLLOWING IMPLEMENTATION OF DIGITAL OPERATION. CONSEQUENTLY, THE STRONG PUBLIC INTEREST POLICIES THAT MANDATE STRICT SCRUTINY OF PROPOSED EXTENSIONS OF DIGITAL PERMITS BY FULL-POWER STATIONS SHOULD NOT APPLY TO THE PRESENT SITUATION.

RATHER, THROUGH THIS EXTENSION SAINTE INTENDS TO BRING ITS VIEWERS THE BENEFITS OF DIGITAL BROADCASTING FAR SOONER THAN WOULD RESULT FROM DELAYING CONVERSION UNTIL REQUIRED TO COMPLY WITH ANY MANDATORY DEADLINE THAT CONGRESS OR THE COMMISSION MAY SET IN THE FUTURE FOR TRANSLATORS AND LOW POWER STATIONS. WE FURTHER NOTE THAT THERE SHOULD BE NO CONCERN OVER WAREHOUSING OUR ANALOG FREQUENCY, SINCE THE FLASH-CUT NATURE OF THE PRESENT PERMIT ENTITLES THE STATION TO CONTINUE BROADCASTING ON THE SAME CHANNEL, WHETHER IN ANALOG OR DIGITAL MODE. THE VIEWING PUBLIC WILL BE BEST SERVED BY ALLOWING SAINTE THE ADDITIONAL REQUESTED TIME TO ACCOMPLISH THE DIGITAL CONVERSION AND NO OTHER PARTY WILL BE HARMED, AS THE SPECTRUM REMAINS UNAVAILABLE TO ANY OTHER APPLICANT OR USE.


Attachment 1


Exhibit 3
Description:
PLAN TO RESOLVE PROBLEMS

1. MASK FILTER MANUFACTURING - 08/2009
2. TRANSMITTER 8VSB CONVERSION TEST - 12/2009
3. PROOF TO STATION LOAD - 12/2009
4. DIGITAL INFASTRUCTURE MICROWAVE CONVERSION TO FEED TRANSMITTER 11/2009
5. PROGRAMMING AND TRANSMITTER DTV PROOF ON AIR - 12/2009


Attachment 3