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FCC Form 399: Reimbursement Request

Approved by OMB 3060-1178
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission) FCC Form 399: Reimbursement Request

Facility ID:
14910
Service:
LPD
Call Sign:
KVSD-LD
Channel:
35 (UHF)
File Number:
0000088266
FRN:
0001843697
Eligibility Status:
Eligible
Date Submitted:
08/03/2022

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

D'AMICO BROTHERS BROADCASTING, CORP.

1119 S. MISSION RD. #353

FALLBROOK, CA 92028

United States

+1 (760) 560-7289 rdamico50@gmail.com Corporation

Reimbursement Contact Information

Reimbursement Contact Name and Information

Applicant Address Phone Email

[Confidential]

 

 

 


Preparer Contact Information

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Preparer Contact Name and Information

Applicant Address Phone Email

Kathleen Victory , Esq .

Legal Counsel

Fletcher Heald and Hildreth PLC

1300 N. 17th St.

11th Floor

Arlington, VA 22209

United States

+1 (703) 812-0473 victory@fhhlaw.com

Broadcaster Information and Transition Plan

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Question Response
Will the station be sharing equipment with another broadcast television station or stations (e.g., a shared antenna, co-location on a tower, use of the same transmitter room, multiple transmitters feeding a combiner, etc.)? If yes, enter the facility ID's of the other stations and click 'prefill' to download those stations' licensing information. No
Briefly describe transition plan Replace existing Channel 26 transmitter with new Channel 35 transmitter. Commence operation on Channel 35 as soon as repack funds are available to help pay for equipment.

Transmitters

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Section Question Response
Transmitter Related Expenses Do you have transmitter related expenses? Yes

Primary Transmitter

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Existing Transmitter Information

Section Question Response
Existing Transmitter Description Type of change Purchase New
Use Primary (Main)
Ownership Owned
Is this transmitter currently shared with another station? No
Is this transmitter currently in operating condition? Yes
Existing Transmitter Manufacturer and Type Manufacturer
Model SV7200V Custom
Year 2011
Type Solid State
Solid State Cooling Air Cooled
Solid State Power Capacity 200 W

Primary Transmitter

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New Transmitter Costs

Section Question Response
New Transmitter Use Primary (Main)
Change Type Purchase New
Is this a request for upgraded equipment? No
Manufacturer
Model EC704MP
Transmitter Type Solid State
Solid State Cooling Air Cooled
Solid State Power capacity 350 W
Justification for New Transmitter The existing transmitter was custom built with power amplifiers purchased from Qualcom after it abandoned its Flo-TV business. The transmitter is not able to meet the power requirement for the station's displacement construction permit.

Primary Transmitter

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Other Transmitter Costs

Section Question Response
Other Transmitter Costs
Does the transmitter installation require a Transmitter Building Site Survey/Installation? Yes
Electrical Service Service Entrance (3 phases 800A 208V) No
Switchgear (industrial 800 amp) No
Transformer (480V) No
Rigid Conduit and Wiring No
Other Electrical Service No
HVAC Service Does the replacement transmitter require HVAC Service? No
Transmitter Building Addition/Modification or Leasehold Improvement Does the Transmitter Building require an addition, modification, other leashold improvement? No

Primary Transmitter

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Other Transmitter Cost Not Listed

Information not provided.

Antennas

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Section Question Response
Antenna Related Expenses Do you have antenna related expenses? No

Transmission Line

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Section Question Response
Transmission Line Related Expenses Do you have transmission line related expenses? No

Tower Equipment And Rigging Costs

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Section Question Response
Tower Equipment or Rigging Costs Changes Do you have tower equipment or rigging costs changes? No

Outside Professional Services Costs

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Section Question Response
Outside Project Management Services Do you require outside project management services? No
Outside RF consulting Engineering Services Perform engineering study for displacement application Yes
Prepare engineering section of Form FCC Construction Permit Application Yes
For Auxiliary Facility No
For Main Facility Yes
Prepare engineering section of Form FCC License to Cover Application Yes
For Auxiliary Facility No
For Main Facility Yes
Prepare request for Special Temporary Authority No
Prepare Form 601 No
Attorney and Other Outside Consulting Services Prepare and file Form FCC Construction Permit Application Yes
For Auxiliary Facility No
For Main Facility Yes
Prepare and file Form FCC License to Cover Application Yes
For Auxiliary Facility No
For Main Facility Yes
Prepare request for Special Temporary Authority Yes
Quantity 3
Negotiation of Lease and other Matter for Shared Locations No
Prepare or Review FCC Form 399 for Reimbursement Yes
Form 399 assistance or other program management costs Yes
RF Field Engineering Services Comprehensive coverage verification via field study No
RF exposure measurements No
Additional Field Engineering Service No

Outside Professional Services Costs

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Other Professional Services Expenses Not Listed

Information not provided.

Other Expenses

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Section Question Response
AM Pattern Disturbance Is an Impact Study needed? No
Is Remediation needed? No
Permit and Filing Costs FCC Construction Permit Major Change No
FCC Construction Permit Minor Change No
FCC License to Cover Application Yes
FCC Special Temporary Authority Application Yes
Other Miscellaneous Expenses Does this relocation require paying Disposal Costs (for equipment and other waste, net of any salvage value)? No
Does this relocation require Equipment Delivery or Handling Charges not otherwise included in individual item costs? No
Does this relocation require Equipment Storage? No
Point to Point Microwave (STL/ICR) Frequency Coordination for Unidirection System No
Frequency Coordination for Bi-Direction System No
New Point to Point Microwave System No

Other Expenses

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Other Expenses Not Listed

Name Description

Equipment Relocation

Relocation of equipment (including for EAS) from one site to main site in order to operate station without interference

Cost Information

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Transmitters

Where no predetermined cost estimate is available, any estimate provided will also become the predetermined cost (displayed in italics).
Description Predetermined
Cost Estimate
Estimated Cost Estimated Cost Justification Actual Cost Actual Cost Justification
Sub-total $38,100.00 $40,994.56 N/A $40,745.56 N/A
Total for all systems $58,887.50 $67,483.31 N/A $65,764.31 N/A
Primary Transmitter EC704MP $38,100.00 $40,994.56 $40,745.56
UHF - Air Cooled Solid State Transmitter 320 - 700 Watts $28,100.00 $40,244.56 Package price includes mechanical install, proof of performance, transport, equipment rack. Transmitter alone is $25,690, less than predetermined cost est. Vendor changed from Anywave to Comark, reducing total price because no project management. $39,995.56 N/A
Transmitter Building Site Survey/Installation $10,000.00 $750.00 N/A $750.00 N/A

Components

Actual Information Description File Name
UHF - Air Cooled Solid State Transmitter 320 - 700 Watts

Component Description:
Credit Memo S10622
Amount:
($249.00)

Component Description:
Final payment for transmitter, due before shipping. Due date depends on when manufacturing is completed. Amount is one-half of total price.
Amount:
$20,122.28

Component Description:
Deposit for transmitter, due before manufacturing starts. Amount is one-half of total price.
Amount:
$20,122.28
Transmitter Building Site Survey/Installation

Component Description:
On-site transmitter replacement engineering services. Invoice is for flat price. Number of hours cannot be determined until work is done.
Amount:
$750.00

Cost Information

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Antennas

Information not provided.

Cost Information

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Transmission Line

Information not provided.

Cost Information

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Tower Equipment and Rigging Costs

Information not provided.

Cost Information

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Outside Professional Services

Where no predetermined cost estimate is available, any estimate provided will also become the predetermined cost (displayed in italics).
Description Predetermined
Cost Estimate
Estimated Cost Estimated Cost Justification Actual Cost Actual Cost Justification
Sub-total $17,972.50 $23,743.75 N/A $22,443.75 N/A
Total for all systems $58,887.50 $67,483.31 N/A $65,764.31 N/A
Outside Professional Services $17,972.50 $23,743.75 $22,443.75
Attorney Fees - Prepare and File request for Special Temporary Authorization $6,705.00 $4,850.00 Amount covers three STAs -- $450 for STA to remain silent before on-air STA operation could begin, $2050 for STA to operate temporarily on Channel 15, and $250 for extension of silent STA. One more STA was needed as well. $4,850.00 N/A
Attorney Fees -Prepare and File FCC Form 2100 (main), License to Cover Application $1,577.50 $1,000.00 N/A $0.00 Actual amount not yet determined. The $0.00 entry is an error but cannot be removed and restored to "Add."
Attorney Fees - Prepare and File FCC Form 2100 (main), Construction Permit Application $3,025.00 $1,050.00 N/A $1,050.00
Prepare engineering section of FCC Form 2100 (main), License to Cover Application $1,052.50 $300.00 N/A N/A N/A
Prepare engineering section of FCC Form 2100 (main), Construction Permit Application $2,102.50 $1,750.00 Includes engineering for channel study. $1,750.00 N/A
Perform engineering study for displacement application $1,800.00 $0.00 Included in preparation of engineering portion of application for displacement channel. $0.00 Included in preparation of engineering portion of application for displacement channel.
Prepare/ Review 399 reimbursement form $1,710.00 $14,793.75 Actual costs of $14,793.75 have been incurred so far, based on invoices showing time spent at regular hourly rates. Estimate will have to be revised further based on future legal work, but the amount will depend on how many questions FCC asks. $14,793.75 Based on actual time spent at normal hourly rates, as described in legal invoices. Legal services not reimbursable have not been claimed. Ultimate cost cannot be estimated, because it depends on how many questions the FCC asks.
Form 399 assistance or other Program Management costs $0.00 $0.00 N/A $0.00 No claim for this category. (Claim is zero.)

Components

Actual Information Description File Name
Attorney Fees - Prepare and File request for Special Temporary Authorization

Component Description:
Legal work for STA reinstatement and extension.
Amount:
$850.00

Component Description:
Legal services for two STAs and one extension. Explanation and breakdown are appended to the invoice.
Amount:
$2,500.00

Component Description:
Legal fees for preparing and filing STA request
Amount:
$1,000.00

Component Description:
Extension of Silent STA
Amount:
$250.00

Component Description:
Preparation of third STA request.
Amount:
$250.00
Attorney Fees -Prepare and File FCC Form 2100 (main), License to Cover Application Information not provided.
Attorney Fees - Prepare and File FCC Form 2100 (main), Construction Permit Application

Component Description:
Legal work for mod to update CP regarding actual antenna used.
Amount:
$400.00

Component Description:
Legal services for construction permit application. Breakdown is appended to invoice. Remainder of invoice allocated to STA and Form 399 categories.
Amount:
$650.00
Prepare engineering section of FCC Form 2100 (main), License to Cover Application Information not provided.
Prepare engineering section of FCC Form 2100 (main), Construction Permit Application

Component Description:
Engineering services for channel search and construction permit application.
Amount:
$1,750.00
Perform engineering study for displacement application Information not provided.
Prepare/ Review 399 reimbursement form

Component Description:
Legal work for Form 399 preparation and filing.
Amount:
$250.00

Component Description:
Work on Form 399 regarding reimbursement issues
Amount:
$387.50

Component Description:
Form 399 will not allow this entry to be deleted from this component. Reimbursement for this invoice is requested under a different entry.
Amount:
N/A

Component Description:
Legal work for allocation of reimbursement dollars.
Amount:
$50.00

Component Description:
Legal work for Form 399 preparation and filing.
Amount:
$37.50

Component Description:
Legal work for Form 399 preparation and filing.
Amount:
$1,462.50

Component Description:
Form 399 will not allow this entry to be deleted from this component. Reimbursement for this invoice is requested under a different entry.
Amount:
N/A

Component Description:
Legal work for Form 399 preparation and filing.
Amount:
$812.50

Component Description:
Ongoing updating of Form 399 to include new invoices and to correct invoice issues.
Amount:
$500.00

Component Description:
Continuation of preparation of Form 399 repack reimbursement claim
Amount:
$450.00

Component Description:
Updating Form 399 to substitute lower cost transmitter, add current legal invoices, and answer FCC questions. Based on actual time spent at regular rates.
Amount:
$2,500.00

Component Description:
Advising licensee of proposals for and then adoption of repack reimbursement program and requirements to qualify for reimbursement. Attachment to invoice shows breakdown. Reference to 7/22/18 is typo - should be 7/12/18.
Amount:
$200.00

Component Description:
Preparation and filing of Form 399
Amount:
$406.25

Component Description:
Legal work on Form 399 reimbursement issues and further FCC allocations.
Amount:
$1,650.00

Component Description:
Ongoing updating of Form 399 to include new invoices.
Amount:
$187.50

Component Description:
Respond to FCC questions about Form 399, add recent legal invoices.
Amount:
$1,050.00

Component Description:
Ongoing updating of Form 399 to include newly incurred legal expenses.
Amount:
$200.00

Component Description:
Preparation of Form 399 repack expense claim
Amount:
$1,000.00

Component Description:
Legal services in updating Form 399 and responding to FCC questions.
Amount:
$600.00

Component Description:
Prepare and file repack eligibility showing
Amount:
$900.00

Component Description:
Ongoing updating of Form 399 to include new invoices.
Amount:
$1,650.00

Component Description:
Preparation and submission of Form 1876 with bank account information.
Amount:
$500.00
Form 399 assistance or other Program Management costs Information not provided.

Cost Information

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Other Expenses

Where no predetermined cost estimate is available, any estimate provided will also become the predetermined cost (displayed in italics).
Description Predetermined
Cost Estimate
Estimated Cost Estimated Cost Justification Actual Cost Actual Cost Justification
Sub-total $2,815.00 $2,745.00 N/A $2,575.00 N/A
Total for all systems $58,887.50 $67,483.31 N/A $65,764.31 N/A
Other Expenses $2,815.00 $2,745.00 $2,575.00
Equipment Relocation $2,175.00 $2,175.00 Actual cost of work is reflected herein $2,175.00 N/A
FCC Filing Fees - Special Temporary Authorization request $305.00 $400.00 More STA requests necessary than initially expected $400.00 N/A
FCC Filing Fees - Form 2100 license to cover application $335.00 $170.00 N/A N/A N/A

Components

Actual Information Description File Name
Equipment Relocation

Component Description:
Revised invoice for movement of control cabinet for repack to revise date of invoice
Amount:
$2,175.00
FCC Filing Fees - Special Temporary Authorization request

Component Description:
Filing Fee for STA
Amount:
$200.00

Component Description:
STA Request Filing Fee
Amount:
$200.00
FCC Filing Fees - Form 2100 license to cover application Information not provided.

Cost Information

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Grand Total

Predetermined
Cost Estimate
Estimated Cost Actual Cost
Total for all systems $58,887.50 $67,483.31 $65,764.31

Reimbursement Status

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Question Response
The facility has ceased operating on its pre-auction channel. Yes
Construction of final facilities or all necessary modifications are complete. Yes
All receipts for reimbursement have been submitted no further costs are expected to be incurred. Note this will lock the Form 399 from further editing and begin close-out procedures with the Fund Administrator. Yes

Certification

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Section Question Response
Submission of Estimated Expenses Statements

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), AND ANY FALSE STATEMENTS COULD SUBJECT THIS ENTITY TO LIABILITY UNDER THE FALSE CLAIMS ACT.

  1. The Authorized Person signing below certifies that he/she is authorized to submit this TV Broadcaster Relocation Fund Reimbursement Form on behalf of the above-named entity.

  2. The above-named entity acknowledges that all certifications and attached documentation are considered material representations.

  3. The above-named entity acknowledges the submission of the information herein creates no obligation on the part of the government to pay any amount.

  4. The above-named entity certifies that the equipment and services paid for with money from the TV Broadcaster Relocation Fund are necessary to change channels (broadcasters) or to continue to carry the signal of a broadcaster that changes channels (MVPD).

  5. The above-named entity certifies that all payments from the TV Broadcaster Relocation Fund (Fund) received by the entity listed on this form will be used only for expenses that are eligible for reimbursement from the Fund.

  6. The above-named entity certifies that it will maintain and provide to the Commission detailed records, including receipts, of all costs eligible for reimbursement actually incurred.

  7. The above-named entity acknowledges that overpayments or payments in error must be promptly refunded to the Commission.

  8. The above-named entity certifies that it is in full compliance with all statutes, rules, regulations and governmental requirements for which compliance is a pre-requisite for obtaining the payments herein requested.

I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.

Richard D'Amico

President


08/03/2022

Certification

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Section Question Response
Submission of Actual Cost Documentation Statements

WILLFUL FALSE, FRAUDULENT, OR FICTITIOUS STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISIONMENT (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), AND ANY FALSE AND/OR FRAUDULENT STATEMENTS COULD SUBJECT THIS ENTITY TO LIABILITY UNDER THE FALSE CLAIMS ACT (U.S. CODE, TITLE 31, SECTIONS 3729-3733).

  1. The Authorized Person signing below certifies and represents that he/she is authorized to submit this TV Broadcaster Relocation Fund Reimbursement Form on behalf of the above-named entity.

  2. The above-named entity certifies that the statements in this form and attached documentation are true, complete, and correct.

  3. The above-named entity acknowledges that all certifications and attached documentation are considered material representations.

  4. The above-named entity acknowledges the submission of the information herein creates no obligation on the part of the government to pay any amount.

  5. The above-named entity certifies that the equipment and services paid for with money from the TV Broadcaster Relocation Fund are necessary to change channels (full power and Class A stations) and/or otherwise modify a television station’s facility as a result of the spectrum repack (LPTV/TV Translator stations); or to minimize service disruption resulting from a repacked television station (FM stations); or to continue to carry the signal of a broadcaster that changes channels (MVPD) .

  6. The above-named entity certifies that all payments from the TV Broadcaster Relocation Fund (Fund) received by the entity listed on this form will be used only for expenses that are eligible for reimbursement from the Fund.

  7. The above-named entity certifies that the cost information/documents submitted reflect costs actually incurred.

  8. The above-named entity acknowledges that overpayments or payments in error must be promptly refunded to the Commission.

  9. The above-named entity certifies that it is in full compliance with all statutes, rules, regulations and governmental requirements for which compliance is a prerequisite for obtaining the payments herein requested.

I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.

Richard D'Amico

President


08/03/2022

Certification

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Section Question Response
Submission of Final Allocation or Accounting Information Statements

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), AND ANY FALSE STATEMENTS COULD SUBJECT THIS ENTITY TO LIABILITY UNDER THE FALSE CLAIMS ACT.

  1. The Authorized Person signing below certifies and represents that he/she is authorized to submit this TV Broadcaster Relocation Fund Reimbursement Form on behalf of the above-named entity. The above-named entity acknowledges that all certifications and attached documentation are considered material representations.

  2. The above-named entity acknowledges the submission of the information herein creates no obligation on the part of the government to pay any amount.

  3. The above-named entity certifies that all costs identified as "actual costs" herein accurately represent the costs actually paid by the above-named entity, including any discounts, refunds, or rebates.

  4. The above-named entity certifies that all payments from the TV Broadcaster Relocation Fund (Fund) received by the entity listed on this form will be used only for expenses that are eligible for reimbursement from the Fund.

  5. The above-named entity acknowledges that overpayments or payments in error must be promptly refunded to the Commission.

  6. The above-named entity certifies that it is in full compliance with all statutes, rules, regulations and governmental requirements for which compliance is a pre-requisite for obtaining the payments herein requested.

I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.

Richard D'Amico

President


08/03/2022

Attachments

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