ONE FINAL EXTENSION OF STA (THROUGH DECEMBER 31, 2006) IS WARRANTED BY THE EXTRAORDINARY CIRCUMSTANCES THAT HAVE FACED STATION KESQ-DT, CHANNEL 52, SINCE 1999. THE LICENSEE OF KESQ-TV HAS ENDURED A LONG AND EXPENSIVE PROCESS DURING THE FCC'S DIGITAL TV TRANSITION. 1. THE LICENSEE'S 1999 APPLICATION FOR A CONSTRUCTION PERMIT FOR ITS ALLOCATED CHANNEL 52 DIGITAL FACILITY WAS NOT GRANTED UNTIL JULY 2004. SEE BPCDT-19991029AGV. (MUCH OF THIS DELAY WAS ATTRIBUTED BY THE FCC TO THE LEGAL OBLIGATION TO OBTAIN MEXICAN CONCURRENCE.) 2. WHILE THAT CP WAS PENDING, THE LICENSEE'S APPLICATION FOR STA TO COMMENCE DIGITAL SERVICE ON CHANNEL 52 (WITH 'MINIMAL FACILITIES') WAS GRANTED JANUARY 26, 2005. SEE BDSTA-20050112ADV. THE LICENSEE'S CONSTRUCTION OF THAT STA FACILITY ACCOMPLISHED ITS '80% REPLICATION REQUIREMENT' UNDER THE FCC'S RULES. (THE FCC STAFF HAS CONFIRMED THAT, IN SUCH CIRCUMSTANCES, THE FCC'S JUNE 14, 2006 PUBLIC NOTICE DOES NOT REQUIRE KESQ-DT TO SEEK A 'WAIVER' OF THE JULY 1, 2006 'USE-OR-LOSE' INTERFERENCE DEADLINE.) 3. THE STA FOR KESQ-DT HAS BEEN EXTENDED BY FCC GRANTS, ISSUED ON SEPTEMBER 15, 2005 AND ON MARCH 13, 2006. EACH OF THOSE GRANTS OF AN EXTENSION OF STA, BY ITS OWN EXPRESS TERMS, AUTOMATICALLY HAS EXTENDED THE KESQ-DT, CHANNEL 52 CP. 4. DURING THE FCC'S DTV CHANNEL ELECTION PROCESS, THE LICENSEE'S FIRST ROUND CHOICE FOR A FINAL DTV CHANNEL AND ALSO ITS SECOND ROUND CHOICE WERE 'DISAPPROVED' BY THE FCC. ULTIMATELY, THE LICENSEE SUBMITTED A SECOND ROUND CONFLICT APPLICATION ON MARCH 21, 2006. SEE BSRCCT-20060321ACQ, TENDERED FOR FILING ON MARCH 23, 2006. ALTHOUGH THIS APPLICATION HAS NOT BEEN 'FORMALLY APPROVED' (SEE CDBS), THE VIDEO DIVISION STAFF HAS INFORMALLY INFORMED THE LICENSEE THAT THE FCC APPROVES OF ITS PROPOSED CONFLICT RESOLUTION, WHICH INVOLVES THE LICENSEE'S SPECIFICATION OF CHANNEL 42 AS THE POST-TRANSITION CHANNEL FOR KESQ-DT (BUT OPERATING FROM ITS CURRENT ANALOG TRANSMISSION SITE, RATHER THAN THE SITE SPECIFIED IN KESQ-DT'S ORIGINAL CP). 5. ACCORDINGLY, THE LICENSEE FILED A FORM 301 APPLICATION ON MAY 5, 2006, IN ORDER TO MODIFY ITS 1999 CP FOR KESQ-DT, CHANNEL 52, SO THAT IT CAN LICENSE ITS CURRENT 'STA CHANNEL 52 FACILITY.' SEE BMPCDT-20060505ACJ. THAT APPLICATION, ACCEPTED FOR FILING ON MAY 11, 2006, REMAINS PENDING. 6. AS SOON AS THE FCC GRANTS THE FOREGOING FORM 301 APPLICATION, THE LICENSEE PROMPTLY WILL FILE A FORM 302-DT APPLICATION FOR A LICENSE TO COVER THE MODIFIED CP FOR DIGITAL CHANNEL 52. 7. THUS, AN EXTENSION OF STA PENDING THE FCC'S GRANT OF KESQ-DT'S FORM 301 AND ITS FORM 302-DT APPLICATIONS IS WARRANTED. MOREOVER, THE LICENSEE HAS BEEN INFORMED BY THE FCC STAFF THAT THE PENDENCY OF ITS FORM 301 APPLICATION (TO MODIFY THE CURRENT CP FOR KESQ-DT) MOOTS ANY NEED TO FILE A FORM 337 APPLICATION TO EXTEND THE CP; NEVERTHELESS, THE LICENSEE RESPECTFULLY REQUESTS THAT THE FCC'S GRANT OF THIS STA EXTENSION REQUEST CONTAIN ANY EXPRESS GRANT OR OTHER APPROPRIATE ACTION, IN ORDER TO ENSURE THAT THE CURRENT CP FOR KESQ-DT (CHANNEL 52) BE EXTENDED UNTIL SUCH TIME AS A MODIFIED CP IS GRANTED AND THAT KESQ-DT'S FORM 302-DT LICENSE APPLICATION IS FILED.