Goto Section: 73.3597 | 73.3601 | Table of Contents
FCC 73.3598
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 73.3598 Period of construction.
(a) Except as provided in the last two sentences of this paragraph, each
original construction permit for the construction of a new TV, AM, FM or
International Broadcast; low power TV; TV translator; TV booster; FM
translator; or FM booster station, or to make changes in such existing
stations, shall specify a period of three years from the date of issuance of
the original construction permit within which construction shall be
completed and application for license filed. Except as provided in the last
two sentences of this paragraph, each original construction permit for the
construction of a new LPFM station shall specify a period of eighteen months
from the date of issuance of the construction permit within which
construction shall be completed and application for license filed. A LPFM
permittee unable to complete construction within the time frame specified in
the original construction permit may apply for an eighteen month extension
upon a showing of good cause. The LPFM permittee must file for an extension
on or before the expiration of the construction deadline specified in the
original construction permit. An eligible entity that acquires an issued and
outstanding construction permit for a station in any of the services listed
in this paragraph shall have the time remaining on the construction permit
or eighteen months from the consummation of the assignment or transfer of
control, whichever is longer, within which to complete construction and file
an application for license. For purposes of the preceding sentence, an
“eligible entity” shall include any entity that qualifies as a small
business under the Small Business Administration's size standards for its
industry grouping, as set forth in 13 CFR 121 through 201, at the time the
transaction is approved by the FCC, and holds
(1) 30 percent or more of the stock or partnership interests and more than
50 percent of the voting power of the corporation or partnership that will
hold the construction permit; or
(2) 15 percent or more of the stock or partnership interests and more than
50 percent of the voting power of the corporation or partnership that will
hold the construction permit, provided that no other person or entity owns
or controls more than 25 percent of the outstanding stock or partnership
interests; or
(3) More than 50 percent of the voting power of the corporation that will
hold the construction permit if such corporation is a publicly traded
company.
(b) The period of construction for an original construction permit shall
toll when construction is prevented by the following causes not under the
control of the permittee:
(1) Construction is prevented due to an act of God, defined in terms of
natural disasters (e.g., floods, tornados, hurricanes, or earthquakes);
(2) The grant of the permit is the subject of administrative or judicial
review ( i.e. , petitions for reconsideration and applications for review of
the grant of a construction permit pending before the Commission and any
judicial appeal of any Commission action thereon), or construction is
delayed by any cause of action pending before any court of competent
jurisdiction relating to any necessary local, state or federal requirement
for the construction or operation of the station, including any zoning or
environmental requirement; or
(3) A request for international coordination, with respect to an original
construction permit for a new DTV station, has been sent to Canada or Mexico
on behalf of the station and no response from the country affected has been
received, or the licensee or permittee is challenging the response from
Canada or Mexico on the grounds that the facility as approved would not
permit the station to serve the population that is both approved by the
Commission and served by the station's TV (analog) facility to be vacated by
February 17, 2009.
(c) A permittee must notify the Commission as promptly as possible and, in
any event, within 30 days, of any pertinent event covered by paragraph (b)
of this section, and provide supporting documentation. All notifications
must be filed in triplicate with the Secretary and must be placed in the
station's local public file.
(d) A permittee must notify the Commission promptly when a relevant
administrative or judicial review is resolved. Tolling resulting from an act
of God will automatically cease six months from the date of the notification
described in paragraph (c) of this section, unless the permittee submits
additional notifications at six month intervals detailing how the act of God
continues to cause delays in construction, any construction progress, and
the steps it has taken and proposes to take to resolve any remaining
impediments.
(e) Any construction permit for which construction has not been completed
and for which an application for license has not been filed, shall be
automatically forfeited upon expiration without any further affirmative
cancellation by the Commission.
[ 63 FR 70050 , Dec. 18, 1998, as amended at 65 FR 7648 , Feb. 15, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 53352 , Sept. 1, 2004; 73 FR 5684 , Jan. 30, 2008;
73 FR 9954 , Feb. 25, 2008; 73 FR 28369 , May 16, 2008]
Goto Section: 73.3597 | 73.3601
Goto Year: 2007 |
2009
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