Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0386 (July 2002)
FOR FCC USE ONLY
 
Extension of Existing Engineering STA

Read Instructions/FAQ before filling out form

FOR COMMISSION USE ONLY
FILE NO.

BESTA - 20110502ABV
Section I - General Information
1. Legal Name of the Applicant
GENESIS COMMUNICATIONS OF TAMPA BAY, INC.
Mailing Address
4300 WEST CYPRESS STREET
10TH FLOOR

City
TAMPA
State or Country (if foreign address)
FL
Zip Code
30339 -
Telephone Number (include area code)
8132811040
E-Mail Address (if available)
CEO@RADIOGENESIS.COM
FCC Registration No
0003778933
Call Sign
WHBO
Facility ID Number
41383
2. Contact Representative (if other than licensee/permittee)
CHRISTOPHER D. IMLAY
Firm or Company Name
BOOTH, FRERET, IMLAY & TEPPER, P.C.
Mailing Address
14356 CAPE MAY ROAD

City
SILVER SPRING
State or Country (if foreign address)
MD
ZIP Code
20904 - 6011
Telephone Number (include area code)
3013845525

E-Mail Address (if available)
BFITPC@AOL.COM
3. Purpose:
Engineering STA
Extension of Existing Engineering STA         File Number: BSTA - 20060804AGE
Legal STA
Extension of Existing Legal STA         
4. Service: AM 
5. Community of License:
City: PINELLAS PARK     State: FL
6. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other
N/A (Fee Required)
7. Environmental Protection Act.    The proposed facility is excluded from environmental processing under 47. C.F.R. Section 1.1306 (i.e., The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A, an Exhibit is required.

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 33]

8.
Please explain in detail the "extraordinary circumstances" which warrant temporary operations at variance from the Commission's Rules. In addition, please specify 1)the specific rules and/or policies from which the applicant seeks temporary relief; 2) how the public interest will be furthered by grant; and 3) the expected duration of the STA and the licensee's plan for restoration of licensed operation. If requesting variance with other than authorized technical facilities, please specify the exact facilities sought.
[Exhibit 34]
9.
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 hereby 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.

Typed or Printed Name of Person Signing
BRUCE C, MADURI
Typed or Printed Title of Person Signing
PRESIDENT AND CEO
Signature
Date (mm/dd/yyyy)
05/02/2011

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 34
Description:
CIRCUMSTANCES JUSTIFYING REINSTATEMENT AND FURTHER EXTENSION OF STA

GENESIS COMMUNICATIONS OF TAMPA BAY, INC., (GENESIS) HEREBY REQUESTS REINSTATEMENT AND FURTHER EXTENSION OF SPECIAL TEMPORARY AUTHORIZATION (STA) INITIALLY GRANTED AUGUST 28, 2006 AND THRICE PREVIOUSLY EXTENDED, MOST RECENTLY ON AUGUST 4, 2009. THE STA WAS INADVERTENTLY PERMITTED TO LAPSE DUE TO A MISCOMMUNICATION.

THIS STA PERMITS AM BROADCAST STATION WHBO (FORMERLY WWBA) TO OPERATE AT VARIANCE FROM LICENSED PARAMETERS NIGHTTIME BUT WITH ALL MONITOR POINTS MAINTAINED. THE STA WAS INITIALLY NECESSITATED BY THE CATASTROPHIC COLLAPSE OF ONE OF THE THREE TOWERS USED BY THE STATION AT NIGHT, AND THE REBUILDING PURSUANT TO NECESSARY LOCAL LAND USE PERMITS. AS GOOD CAUSE FOR THE REQUESTED REINSTATEMENT AND EXTENSION, GENESIS STATES AS FOLLOWS:

GENESIS IS THE LICENSEE OF DIRECTIONAL AM BROADCAST STATION WHBO, PINELLAS PARK, FL. THE STATION'S LICENSE (BL-20030729AJW)PROVIDES FOR OPERATION AT 3.6 KW DAYTIME, NON-DIRECTIONAL, AND 420 WATTS NIGHTTIME, DIRECTIONAL, ON 1040 KHZ. THIS STATION HAS BEEN ON THE AIR FOR MANY YEARS AT ITS LICENSED TRANSMITTER SITE, WHICH IS LEASED FROM THE LANDOWNER. DURING THE PAST SEVERAL YEARS, DUE TO RESIDENTIAL HOUSING CONSTRUCTION BY THE LANDOWNER IN THE NEAR VICINITY OF THE EXISTING TOWERS AND TRANSMISSION FACILITIES OF WHBO, PERIODIC DAMAGE HAS BEEN DONE TO WHBO, INCLUDING THE CUTTING OF TRANSMISSION AND SAMPLING LINES SOME YEARS AGO. THIS DAMAGE WAS CORRECTED WITH THE ASSISTANCE OF THE COMMISSION PURSUANT TO STA WHILE EMERGENCY REPAIRS WERE MADE.

SUBSEQUENTLY, ONE OF THE CONSTRUCTION WORKERS IN THE AREA SURROUNDING WHBO'S TRANSMITTER SITE CLIPPED ONE OF THE GUY WIRES WHICH CAUSED TOWER #1 OF THE NIGHT PATTERN ARRAY (A THREE-TOWER DIRECTIONAL ARRAY) TO COLLAPSE. THE TWO REMAINING TOWERS ARE STILL OPERABLE NIGHTTIME, AND THERE IS NO EFFECT ON THE NON-DIRECTIONAL DAYTIME FACILITY. INITIALLY, THE LANDOWNER ASSURED GENESIS THAT THE FELLED TOWER #1 WOULD BE REBUILT IMMEDIATELY, BUT DIFFICULTIES WITH LAND USE AUTHORITIES IN SEMINOLE COUNTY, FLORIDA, WHICH CONTINUE TO THE PRESENT TIME, CAUSED DELAY IN THE RECONSTRUCTION OF TOWER #1. THOSE LOCAL PERMITS ARE STILL NOT IN HAND; THERE IS ONGOING LAND USE LITIGATION OVER THE MATTER, AND THERE IS OTHER LITIGATION BETWEEN THE LANDLORD AND THIRD PARTIES OVER LIABILITY ISSUES. AS THE RESULT, IT IS STILL UNCLEAR WHEN THE RECONSTRUCTION OF THE TOWER WILL BE POSSIBLE. THE LICENSEE REMAINS OF THE OPINION THAT THE REQUISITE APPROVALS WILL ULTIMATELY BE FORTHCOMING, AT WHICH TIME CONSTRUCTION WILL BEGIN IMMEDIATELY THEREAFTER AND A RETURN TO LICENSED PARAMETERS CAN BE COMPLETED. IF, HOWEVER, THIS MATTER IS NOT RESOLVED IN THE NEAR FUTURE, THE LICENSEE WILL HAVE NO CHOICE BUT TO CONSIDER A CHANGE OF TRANSMITTER SITE. THE REPLACEMENT TOWER AND ANY NECESSARY UPKEEP AND REPAIRS TO THE EXISTING TOWERS HAVE TAKEN FAR LONGER THAN THE LICENSEE EXPECTED.

BECAUSE THIS TOWER STILL HAS NOT BEEN REBUILT, AND BECAUSE THE TWO REMAINING TOWERS OF THE NIGHTTIME PATTERN ARE UNDAMAGED, GENESIS REQUESTED AND THE COMMISSION GRANTED AND THRICE EXTENDED AN STA TO PERMIT CONTINUED NIGHTTIME OPERATION AT REDUCED POWER WITH ALL MONITOR POINTS MAINTAINED.

ACCORDINGLY, THE APPLICANT REQUESTS REINSTATEMENT AND FURTHER EXTENSION OF THE PRESENT SPECIAL TEMPORARY AUTHORITY TO OPERATE WHBO AT VARIANCE FROM AUTHORIZED PARAMETERS, BUT WITH ALL MONITOR POINTS INTACT PENDING REPAIR OR RELOCATION OF ITS NIGHTTIME ANTENNA ARRAY FOR SIX ADDITIONAL MONTHS. THERE HAVE BEEN NO INTERFERENCE COMPLAINTS WHATSOEVER DURING THE THREE PRIOR RENEWAL TERMS OF THIS STA AND NONE ARE ANTICIPATED.



Attachment 34