FCC Web Documents citing 73.3534

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • See 47 C.F.R. § 1.1152 (CMRS Mobile Services and CMRS Messaging Services). See Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, WT Docket No. 94-148, Report and Order, 11 FCC Rcd 13,449, 13,465 (1996). See 47 C.F.R. §§ 21.44; 21.303; 21.910; 21.932; 21.936; 73.3534; 73.3598; 74.932. See 47 C.F.R. §§ 21.903(d); 21.910. See 47 C.F.R. § 21.903(d) which provides that the notification must state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. See 47 C.F.R. § 21.910 which provides that the notice shall be in writing and shall include the name and address of the carrier,
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  • to the construction permit. Subsequently, the Commission's Mass Media Bureau granted Effingham four extensions of time to complete construction of the authorized facilities. The last extension expired on January 17, 1997. Further, the Commission's licensing records do not reflect the filing of a request for further extension of time to construct Station WLX599 on or before January 17, 1997. Section 73.3534(e) of the Commission's rules provides, ``[a] construction permit for an Instructional Television Fixed station shall be declared forfeited if the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion . . .'' Further, as a condition of your license, you were required to timely file
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  • to the construction permit. Subsequently, the Commission's Mass Media Bureau granted Statesboro four extensions of time to complete construction of the authorized facilities. The last extension expired on March 18, 1997. Further, the Commission's licensing records do not reflect the filing of a request for further extension of time to construct Station WLX601 on or before March 18, 1997. Section 73.3534(e) of the Commission's rules provides, ``[a] construction permit for an Instructional Television Fixes Service station shall be declared forfeited if the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion. . . .'' Further, as a condition of its license, Statesboro was required to timely
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  • pleadings filed by Grand Alliance violated the Commission's general practice rules governing pleadings. In the absence of a demonstrable showing of abuse of the Commission's processes, we decline to take any action against Grand Alliance on this basis. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 73.3534(a) of the Commission's Rules, 47 C.F.R. § 73.3534(a), that the relief sought in the Informal Comments filed by the Grand MMDS Alliance New York F/P Partnership on March 14, 1996 IS DENIED. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.52 of the Commission's Rules, 47
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  • Station WLX698 was originally granted on October 13, 1992. Subsequently, the Commission's former Mass Media Bureau granted Evans ten extensions of time to complete construction of the authorized facilities. The last extension expired on August 21, 2002. The Commission's licensing records do not reflect the filing of any request for any further extension of time to construct Station WLX698. Section 73.3534(e) of the Commission's Rules provides, ``[a] construction permit for an Instructional Television Fixed station shall be declared forfeited if the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion . . . .'' Further, as a condition of your construction permit, you were required to
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  • conclude that the staff correctly applied 47 C.F.R. § 1.4(b)(1990) in rescinding the grant of the assignment application as premature. In view of the foregoing, the petition for reconsideration filed by Gwendolyn May IS HEREBY DENIED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Faith Pleases God Church Corporation See 47 C.F.R. § 73.3535(d)(1989). See 47 C.F.R. § 73.3534(a) and (e)(1989). See FCC Form 307, Questions 7 and 8 (June 1988). See FCC Form 346 (February 1988). The staff also correctly rejected May's assertion that she should be credited, in connection with the required ``one-in-three'' showing for reinstatement of the San Antonio construction permit, with having made substantial progress towards construction based upon a transmitter purportedly acquired by Faith
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  • On August 27, 2004, Sweet Briar Institute (SBI) filed a petition seeking reconsideration of the action taken by the Broadband Division (Division) of the Wireless Telecommunications Bureau on July 20, 2004, terminating the construction permit for Educational Broadband Service (EBS) Station WNC586, Lynchburg, Virginia. For the reasons discussed below, we grant SBI's petition, reinstate its license, and waive former Section 73.3534 of the Commission's Rules. BACKGROUND SBI took assignment of the authorization for Station WNC586 from Seven Hills School. On September 14, 1995, SBI filed a modification application (supplemented on December 14, 1995) to change the coordinates and site location of the station tower. By this filing, SBI intended to colocate and conform the technical parameters of the station to other
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  • Rules in effect at the time Logos filed its extension application, in order to establish an entitlement to an extended construction permit, Logos was required to establish either that construction had not been completed due to circumstances ``beyond the control of the permittee'', that ``substantial progress'' had been made, or that construction was ``completed.'' 47 C.F.R. § 73.3634(b). 47 C.F.R. §73.3534(a)(2) ("i.e., demonstration that equipment is on order or on hand, site acquired, site cleared and construction proceeding toward completion"). We find that the circumstances here are similar to past cases in which we granted permit extensions based on substantial construction of the station. See Benko Broadcasting Co., 5 FCC Rcd 1301 (MMB 1991); Horseshoe Bay Centrex Broadcasting Co., Memorandum Opinion
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  • and to strictly enforce the May 1, 2011 substantial service deadline against these licensees. We place the licensees on notice that we fully expect them to meet the May 1, 2011 deadline and that they face license termination if they fail to demonstrate substantial service by that date. For those licensees who have filed extension applications, we waive former Section 73.3534 of the Commission's Rules and direct the Broadband Division to process those applications. For those licensees who require an extension to become eligible for the suspension of the old buildout requirements announced in the BRS/EBS NPRM, we direct the Broadband Division to return their renewal applications and direct the applicants to file extension applications. The extension applications must be filed
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  • contends that changing the ex partestatusof the proceedings would allow the Commission to develop a more complete record and provide the opportunity to meet with all parties to explore an appropriate resolution to this proceeding.35Ina joint filing, a group of EBS licensees argues that they are small entities and that it would be extremely burdensome to monitor 2847 C.F.R. § 73.3534(a) (2002). 2947 C.F.R. §73.3534(c) (2002). 3047 C.F.R. §73.3534(b) (2002). 3147 C.F.R. § 73.3599 (2002). 32See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules -Further Competitive Bidding Procedures;
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  • & Agric College (filed Nov. 30, 2007). See HFHS Petition at Exhibits B and C; Folkston Petition at Exhibits B and C; LA State Petition at Exhibits B and C; Autauga Petition at Exhibit A; Chippewa Petition at Exhibit B; Roby Petition at Exhibit A; Palmer Petition at Exhibit A (collectively, Applications). 47 C.F.R. §§ 1.949(a), 1.946(e). 47 C.F.R. § 73.3534(a) (2002). 47 C.F.R. § 73.3534(c) (2002). 47 C.F.R. § 73.3534(b) (2002). 47 C.F.R. § 73.3599 (2002). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further
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  • Mech & Agric College (filed Nov. 30, 2007). 7SeeHFHS Petition at Exhibits B and C; Folkston Petition at Exhibits B and C; LA State Petition at Exhibits B and C; Autauga Petition at Exhibit A; Chippewa Petition at Exhibit B; Roby Petition at Exhibit A; Palmer Petition at Exhibit A (collectively, Applications). 847 C.F.R. §§ 1.949(a), 1.946(e). 947 C.F.R. § 73.3534(a) (2002). 1047 C.F.R. §73.3534(c) (2002). 1147 C.F.R. §73.3534(b) (2002). 1247 C.F.R. § 73.3599 (2002). 13See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690MHz Bands; Part 1 of the Commission's Rules -Further Competitive Bidding Procedures; Amendment
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  • SBI notes that NTELOS expected all of the Lynchburg applications to be treated similarly, and inadvertently missed the grant of the modification application in September 2001. Therefore, it did not file a request for extension of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e) of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct. SBI filed the Reinstatement Petition on August 27, 2004. SBI contended that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules, the Bureau should waive Section 73.3534 of the Commission's Rules and reinstate the authorization for Station WNC586. On January 25, 2007,
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  • been granted.16SBI notes that NTELOS expected all of the Lynchburg applications to be treated similarly, and inadvertently missed the grant of the modification application in September 2001.17Therefore, it did not file a request for extension of time to construct the Modification Application. On July 20, 2004, the Wireless Telecommunications Bureau declared the authorization for Station WNC586 forfeited, pursuant to Section 73.3534(e)18of the Commission's Rules, for failure to construct and for failure to request an extension of time to construct.19 5. SBI filed the Reinstatement Petition onAugust 27, 2004.20SBI contended that, pursuant to Section 1.925(b)(3)(ii) of the Commission's Rules,21the Bureau should waive Section 73.3534 of the Commission's Rules and reinstate the authorization for Station WNC586.22 6. On January 25, 2007, the Broadband
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  • Commission's Rules contained in File Nos. 0003171076 and 0003171370 ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.925, 1.946(e), and 21.43(a) of the Commission's Rules, 47 C.F.R. §§ 1.925, 1.946(e), 21.43(a), that the requests for waiver of Section 1.946(e) and/or Section 73.3534 of the Commission's Rules contained in File Nos. 0003190490 and 0003190539 ARE GRANTED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. § 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS File Nos. 0003171076,
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  • the Commission's Rules contained in File Nos. 0003171076 and 0003171370 ARE GRANTED. 18. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.925, 1.946(e), and 21.43(a) of the Commission's Rules, 47 C.F.R. §§ 1.925, 1.946(e), 21.43(a), that the requests for waiver of Section 1.946(e) and/or Section 73.3534 of the Commission's Rules contained in File Nos. 0003190490 and 0003190539 ARE GRANTED. 19. ITIS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Sections 1.949 of the Commission's Rules, 47 C.F.R. § 1.934(d)(2), that the licensing staff of the Broadband Division SHALL PROCESS File Nos. 0003171076,
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  • of Education (filed Dec. 11, 2007) (Brantley Reply). Reply to Opposition (filed Nov. 30, 2007) (Earle Reply). Motion for Leave to File Supplement to Petition for Reconsideration of License Termination, Evans County School System (filed Nov. 28, 2007) (Motion for Leave to Supplement). See also Supplement to Petition for Reconsideration of License Termination (filed Nov. 28, 2007). 47 C.F.R. § 73.3534(a) (2002). 47 C.F.R. § 73.3534(c) (2002). 47 C.F.R. § 73.3534(b) (2002). 47 C.F.R. § 73.3599 (2002). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further
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  • Board of Education (filed Dec. 11, 2007) (Brantley Reply). 5Reply to Opposition (filed Nov. 30, 2007) (Earle Reply). 6Motion for Leave to File Supplement to Petition for Reconsideration of License Termination, Evans County School System (filed Nov. 28, 2007) (Motion for Leave to Supplement). See alsoSupplement to Petition for Reconsideration of License Termination (filed Nov. 28, 2007). 747 C.F.R. § 73.3534(a) (2002). 847 C.F.R. §73.3534(c) (2002). 947 C.F.R. §73.3534(b) (2002). 8103 Federal Communications Commission DA 09-1339 specified in the permit or as extended by the Commission, the Commission shall declare the permit forfeited and make a notation of such forfeiture.10 3. On April 2,2003, the Commission released a Notice of Proposed Rule Making(NPRM) in this proceeding, seeking comment on an industry
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  • and to strictly enforce the May 1, 2011 substantial service deadline against these licensees. We place the licensees on notice that we fully expect them to meet the May 1, 2011 deadline and that they face license termination if they fail to demonstrate substantial service by that date. For those licensees who have filed extension applications, we waive former Section 73.3534 of the Commission's Rules and direct the Broadband Division to process those applications. For those licensees who require an extension to become eligible for the suspension of the old buildout requirements announced in the BRS/EBS NPRM, we direct the Broadband Division to return their renewal applications and direct the applicants to file extension applications. The extension applications must be filed
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  • made a timely filed extension request."36 10. The Appendix to this Memorandum Opinion and Order lists EBS licensees that have filed untimely applications for extension of time to construct, the dates those applications were filed, and the applicable construction deadline. The applicants have requested waivers because their applications were filed after the construction deadline. 30Id.at ¶ 179. 3147 C.F.R. § 73.3534(a) (2002). 3247 C.F.R. §73.3534(c) (2002). 3347 C.F.R. §73.3534(b) (2002). 3447 C.F.R. § 73.3599 (1998). 35See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules -Further Competitive Bidding Procedures;
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  • issues, transition timetables, and additional engineering issues. In light of the fundamental rule changes proposed, the Commission suspended the construction deadline for EBS licensees ``that have unexpired licenses or permits that have not expired as of [April 2, 2003] and that have made a timely filed extension request.'' We conclude that the underlying purpose of Section 1.946(e) and former Section 73.3534 of the Commission's Rules would not be served by applying it to the instant case. The underlying purpose of the Commission's performance requirements are to ``ensure prompt delivery of service to rural areas, . . . prevent stockpiling or warehousing of spectrum by licensees or permittees, and . . . promote investment in and rapid deployment of new technologies and
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  • Jul. 13, 2009) (Brantley Waiver Request); Requests for Waiver, Earle School District (filed Jul. 15, 2009) (Earle Waiver Request); Requests for Waiver, Evans County School System (filed Jul. 16, 2009) (Evans Waiver Request); Requests for Waiver, Troup County Schools (filed Jul. 14, 2009) (Troup Waiver Request) (collectively, "waiver requests"). 447 C.F.R. § 1.949(a). 47 C.F.R. § 1.946(e). 547 C.F.R. § 73.3534(a) (2002). 647 C.F.R. §73.3534(c) (2002). 747 C.F.R. §73.3534(b) (2002). 847 C.F.R. § 73.3599 (2002). 9See Amendment of Parts 1,21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules -Further Competitive BiddingProcedures; Amendment of
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  • Chippewa to file renewal applications with associated requests for waiver of Section 1.949(a) of the Commission's Rules within 30 days of the release of this Order on Further Reconsideration. background On October 19, 2007, the Division terminated Chippewa's licenses to operate Stations WLX260, WLX268, and WLX310, because Chippewa had not constructed the Stations by the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file extensions of time to construct the Stations, did not have on file waivers to allow consideration of a late-filed extension applications, and did not timely file applications to renew the Stations. On November 16, 2007, Chippewa filed a petition for reconsideration of the Division's decision and a request for waiver of
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  • to file renewal applications with associated requests for waiver of Section 1.949(a) of the Commission's Rules within 30 days of the release of this Order on Further Reconsideration. II. BACKGROUND 2.On October 19, 2007, the Division terminated Chippewa's licenses to operate Stations WLX260, WLX268, and WLX310, because Chippewa had not constructed the Stations by the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file extensions of time to construct the Stations, did not have on file waivers to allow consideration of a late-filed extension applications, and did not timely file applications to renew the Stations.4On November 16, 2007, 1Petition for Reconsideration and Reinstatement and Waiver Request, Chippewa Valley Technical College (filed Nov. 16, 2007) (First
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  • the Commission's Rules. Former Section 74.15(e) applied to ITFS licenses that expired before January 10, 2005. Because Liberty County's license expired on May 1, 2008, the applicable rule is Section 1.949(a) of the Commission's Rules. We also dismiss, as moot, Liberty County's request for an extension of time to construct and for a waiver of Section 1.946(e) and former Section 73.3534 of the Commission's Rules. As explained above, five months after Liberty County was granted an extension of time to construct, the Commission suspended the build out requirements applicable to EBS licensees that had construction permits that were unexpired as of April 2, 2003. Because Liberty County had an unexpired construction permit as of April 2, 2003, its construction deadline was
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  • of the Commission'sRules. Former Section 74.15(e) applied to ITFS licenses that expired before January 10, 2005. Because Liberty County's license expired on May 1, 2008, the applicable rule is Section 1.949(a) of the Commission's Rules. 9. We also dismiss, as moot, LibertyCounty's request for an extension of time to construct and for a waiver of Section 1.946(e) and former Section 73.3534 of the Commission's Rules. As explained above, five months after Liberty County was granted an extension of time to construct, the Commission suspended the build out requirements applicable to EBS licensees that had construction permits that were unexpired as of April 2, 2003. Because Liberty County had an unexpired construction permit as of April 2, 2003, its construction deadline was
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  • time to construct for licenses that had expired, WTB returned the applications and asked the licensees to file renewal applications with waiver requests. On October 19, 2007, the Broadband Division of the Wireless Telecommunications Bureau (``Division'') terminated Chippewa's licenses to operate Stations WLX260, WLX268, and WLX310, because Chippewa had not constructed the Stations by the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file extensions of time to construct the Stations, did not have on file waivers to allow consideration of a late-filed extension applications, and did not timely file applications to renew the Stations. On November 16, 2007, Chippewa filed a petition for reconsideration of the Division's decision and a request for waiver of
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  • to construct for licenses that had expired, WTB returned the applications and asked the licensees to file renewal applications with waiver requests.8 4. On October 19, 2007, the Broadband Division of the Wireless Telecommunications Bureau ("Division") terminated Chippewa's licenses to operate Stations WLX260, WLX268, and WLX310, because Chippewa had not constructed the Stations by the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file extensions of time to construct the Stations, did not have on file waivers to allow consideration of a late-filed extension applications, and did not timely file applications to renew the Stations.9On November 16, 2007, Chippewa filed a petition for reconsideration of the Division's decision and a request for waiverof Section 1.949
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  • renewal application for the station, along with an associated request for waiver to permit late filing, within 30 days of the release of this Order on Reconsideration. background On October 19, 2007, the Division terminated Great Lakes's license to operate Station WLX253 because Great Lakes had not constructed the station by June 7, 1992, the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253. On November 5, 2007, Great Lakes filed a petition for reconsideration of the Division's decision, an application to renew Station WLX253, and a request for waiver of Section 1.949(a) of the Commission's
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  • application for the station, along with an associated request for waiver to permit late filing, within 30 days of the release of this Order on Reconsideration. II. BACKGROUND 2.On October 19, 2007, the Division terminated Great Lakes's license to operate Station WLX253 because Great Lakes had not constructed the station by June 7, 1992, the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253.1OnNovember 5, 2007, Great Lakes filed a petition for reconsideration of the Division's decision, an application to renew Station WLX253, and a request for waiver of Section 1.949(a) of the Commission's Rules to
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  • \ltrch\fcs0 \fs22 \hich\af0\dbch\af0\loch\f0 4.\tab}}\pard \ltrpar\s16\ql \fi720\li0\ri0\sa220\widctlpar\jclisttab\tx1080\tx1440\wrapdefault{\*\pn \pnlvlbody\ilvl0\ls13\pnrnot0\pndec\pnb0\pni0 \pnstrike0\pnfs22\pnstart1\pnindent720\pnsp120 {\pntxta .}}\aspalpha\aspnum\faauto\ls13\adjustright\rin0\lin0\itap0 {\rtlch\fcs1 \af0 \ltrch\fcs0 On October 19, 2007, WTB\rquote s Broadband Division (Division) terminated the license of Davenport Schools, Inc. d/b/a Great Lakes Jr. College (Great Lakes) to operate EBS Station WLX253 because Great Lakes had allegedly not constructed the station by June 17, 1992, the deadline required by former Section 73.3534(a) of the Commission \rquote s Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs21\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s17\ql \li0\ri0\sa120\widctlpar\tx180\tx720\tx1440\tx2160\wrapdefault\aspalpha\ aspnum\faauto\adjustright\rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs21\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 Letter from Joel D. Taubenblatt, Federal Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-957A1_Rcd.pdf
  • No. 20020802AAB, Ref. No. 3181820 (Dec. 6, 2004). 5814 Federal Communications Commission DA 10-957 4.On October 19, 2007, WTB's Broadband Division (Division) terminated the license of Davenport Schools, Inc. d/b/a Great Lakes Jr. College (Great Lakes) to operate EBS Station WLX253 because Great Lakes had allegedly not constructed the station by June 17, 1992, the deadline required by former Section 73.3534(a) of the Commission's Rules, did not have on file an extension of time to construct the station, and did not timely file an application to renew Station WLX253.5On November 5, 2007, Great Lakes filed a petition for reconsideration of the Division's decision, an application to renew Station WLX253, and a request for waiver of Section 1.949(a) of the Commission's Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-254A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-254A1.txt
  • the Commission had recently adopted.3 3. In addition to eight extensions under the former rules, Wendell received two extensions as part of the transition to the new construction requirements. First, the Commission gave certain permittees, including Wendell, until December 21, 2000, to complete construction.4 Second, the staff gave permittees 1 See 47 C.F.R. § 73.3598(b)(1). 2 See 47 C.F.R. § 73.3534 (1998). 3 Wendell & Associates, 14 FCC Rcd 1671, 1683 (1998) ("Lakeside"). See also, Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056 (1998) ("Streamlining R&O"), recon granted in part and denied in part, 14 FCC Rcd 17525 (1999) ("Streamlining MO&O"). 4 See Streamlining MO&O, 14 FCC Rcd at 17536. Federal Communications Commission FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-14A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-14A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-14A1.txt
  • C.F.R. § 1.3. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (``WAIT Radio''), citing Rio Grande Family Radio Fellowship Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968). WAIT Radio,418 F.2d at 1157. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. §§ 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. § 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. § 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-201A1.txt
  • circumstances.'''), petition for recon. denied, 14 FCC Rcd 6080, aff'd sub nom, SouthEast Telephone v. F.C.C., No. 99-1164, 1999 WL 1215855 (D.C. Cir. Nov. 24, 1999). Cf. Zephyr Broadcasting, 11 FCC Rcd at 19630 (Commission has not treated ``prevailing economic conditions'' as a factor beyond the control of a permittee justifying extension of construction deadline under former 47 C.F.R. § 73.3534(b)). It is true that the Commission cited concerns about the economic downturn and its effect on the telecommunications sector in Disposition of Down Payment and Pending Applications By Certain Winning Bidders in Auction No. 35, 17 FCC Rcd 23354, 23358 (2002). However, that case is readily distinguishable. There, the winners of licenses previously licensed to NextWave Power Partners, Inc. and
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  • be filed after a license had lapsed). In a bold act of revisionist history, the Media Bureau declared that although the Pembroke licenses had expired on September 17, 1995, they were still entitled to interference protection from any subsequent applicant because the Pembroke Permittees ``filed timely applications to reinstate the expired permits on September 18, 1995, as permitted by section 73.3534(e)'' (emphasis supplied). No matter that the application itself made no mention of ``reinstatement.'' Indeed, FCC Form 307, the form the Pembroke Permittees used to file their request for an extension of time, contains two places where they could have indicated their intent to request a reinstatement. Box 3, ``purpose of application'' allows the applicant to check either 3a (additional time)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-266A5.txt
  • be filed after a license had lapsed). In a bold act of revisionist history, the Media Bureau declared that although the Pembroke licenses had expired on September 17, 1995, they were still entitled to interference protection from any subsequent applicant because the Pembroke Permittees ``filed timely applications to reinstate the expired permits on September 18, 1995, as permitted by section 73.3534(e)'' (emphasis supplied). No matter that the application itself made no mention of ``reinstatement.'' Indeed, FCC Form 307, the form the Pembroke Permittees used to file their request for an extension of time, contains two places where they could have indicated their intent to request a reinstatement. Box 3, ``purpose of application'' allows the applicant to check either 3a (additional time)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-268A1.txt
  • 14 FCC Rcd 17525, 17536 (1999) (``Streamlining''). Id. See Manahawkin Communications Corporation, 17 FCC Rcd 342 (2001) (compliance with rule prohibiting the sale of an unbuilt station at a profit considered after that rule's elimination in the Streamlining decision, because compliance with the rule was mandated when the parties entered into the financial arrangement on review). See 47 C.F.R. § 73.3534(b)(1996). That process has since been replaced with a construction period of three unencumbered years. See Streamlining of Mass Media Applications, 13 FCC Rcd 23056 (1998), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999). Under the revised rules, loss of financing is no longer a ground for receipt of additional time. See 47 C.F.R. § 73.3538(b).
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  • See 47 C.F.R. § 1.1152 (CMRS Mobile Services and CMRS Messaging Services). See Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, WT Docket No. 94-148, Report and Order, 11 FCC Rcd 13,449, 13,465 (1996). See 47 C.F.R. §§ 21.44; 21.303; 21.910; 21.932; 21.936; 73.3534; 73.3598; 74.932. See 47 C.F.R. §§ 21.903(d); 21.910. See 47 C.F.R. § 21.903(d) which provides that the notification must state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. See 47 C.F.R. § 21.910 which provides that the notice shall be in writing and shall include the name and address of the carrier,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • See 47 C.F.R. § 1.1152 (CMRS Mobile Services and CMRS Messaging Services). See Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, WT Docket No. 94-148, Report and Order, 11 FCC Rcd 13,449, 13,465 (1996). See 47 C.F.R. §§ 21.44; 21.303; 21.910; 21.932; 21.936; 73.3534; 73.3598; 74.932. See 47 C.F.R. §§ 21.903(d); 21.910. See 47 C.F.R. § 21.903(d) which provides that the notification must state whether there is any affiliation or relationship to any intended or likely subscriber or program originator. See 47 C.F.R. § 21.910 which provides that the notice shall be in writing and shall include the name and address of the carrier,
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  • 47 U.S.C. 154, 303, 334 and 336. Section 73.1010(e) is amended by deleting paragraph 7 and redesignating paragraph 8 as paragraph 7. The table at Section 73.3500(a) is amended by deleting the references to Form numbers 330, 330-L, and 330-R. Section 73.3533(a) is amended by deleting paragraph 4 and redesignating paragraphs 5 through 8 as paragraphs 4 through 7. Section 73.3534 is deleted and reserved. Section 73.3536(b) is amended by deleting paragraph 4 and redesignating paragraphs 5 through 7 as paragraphs 4 through 6. Section 73.5000 is amended by revising paragraph (a) to read as follows: (a) Mutually exclusive applications for new facilities and for major changes to existing facilities in the following broadcast services are subject to competitive bidding: AM;
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  • respects. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Our rules permit tolling of the normal construction period under certain circumstances. See 47 C.F.R. § 73.3598(b). See File No. BAP-19980202GE. The Commission had authorized the construction of station KZTY(AM) in 1991. The staff extended the station's construction deadline eight times, pursuant to construction rules then in effect. See 47 C.F.R. §§ 73.3534(b)(3) (1998) and 73.3535(c) (1998). The Commission substantially changed its construction rules and policies thereafter. See 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056 (1998) (``Streamlining R&O''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999) (``Streamlining MO&O''). The application contained multiple deficiencies which KRI took five months
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-50A1.txt
  • explanations it gave for failing to construct failed to justify further extensions of time. Nevertheless, HITN was afforded an additional fifteen days to reflect the progress made on each station. HITN filed a response on February 9, 1996. On September 9, 1996, the DSB found that HITN had failed to demonstrate that additional time to construct was warranted under Section 73.3534(c) of the Commission's Rules, noting that HITN had ordered no equipment and made no concerted effort to undertake construction of the station. Accordingly, DSB cancelled HITN's construction authorization for WLX557 and deleted the call sign. On October 15, 1996, HITN filed a petition for reconsideration of the DSB action, which included a declaration from the Executive Vice President of Regulatory/Licensing
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  • opposition or HITN's reply to that opposition. AFR at 16-17. Id. at 17-18. Supplement to Application for Review, citing Eastern New Mexico University, Memorandum Opinion and Order and Order on Reconsideration, 19 FCC Rcd 19540 (WTB 2004). Id. at 3. HITN AFR at 20-21. Id. at 22-24. Supplement to Application for Review at 3. Id. at 3-4. 47 C.F.R. § 73.3534(c). See, e.g., Stations WLX505, WLX544, WLX553, WLX554, WLX690, WLX840, WLX879, WLX884. See, e.g., Stations WLX505 (eleven extensions granted), WLX544 (twelve extensions granted), WLX553 (thirteen extensions granted). Melody Music, Inc. v. FCC, 345 F.2d 730, 732 (D.C. Cir. 1965). (...continued from previous page) (continued....) Federal Communications Commission FCC 05-89 Federal Communications Commission FCC 05-89 e f l t u `` œ
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  • IT IS FURTHER ORDERED, That the Application for Review filed on February 22, 2006, by Royce International Broadcasting Company IS DISMISSED. IT IS FURTHER ORDERED, That the application filed by Royce International Broadcasting Company on February 22, 2006, to modify its expired construction permit (BMP-20060222ABE) IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. § 73.3534 (1998) (``Application for extension of construction permit or for construction permit to replace expired construction permit''). The former rule explicitly allowed extensions for zoning problems. Id. See File Nos. BP-19860923AE and BMP-19981110DA (Royce's first and last extension applications under former Section 73.3534, attached to Application for Review as Appendices 4 and 5); See also Application for Review at 5-8. See
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  • CDP. See Staff Decision, supra n. 10 at 6. SRC Application for Review at 12. Blanchard, supra n. 22, 10 FCC Rcd at 9829. See supra n. 57. File No. BP-810710AC. The permit was initially issued to Folsom Radio, Inc. An application to assign the permit to Royce (File No. BAP-861118EA) was granted December 31, 1986. See 47 C.F.R. § 73.3534 (1998). See, e.g., File No. BMP-941110DB (extending the permit from March 27 to September 27, 1995). See Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056 (1998) (``Streamlining Report & Order''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999). The Commission concluded that the three-year
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion, and a notice of the forfeiture of any construction permit under this provision will be placed in the records of the FCC as of the expiration date." 47 C.F.R. § 73.3599. 73 47 C.F.R. §§ 73.3534(b). Applications for extension of time are made on FCC Form 307. 74 Id. The same criteria are also used to determine whether a permittee that has allowed its construction permit to expire prior to requesting an extension should be afforded additional time to construct. Our rules refer to a post- expiration request as a "replacement" rather than an "extension." See
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the applicants an opportunity to explain any apparent discrepancies. Upon receipt and analysis of all relevant information, the staff will, consistent with our current practice, prepare either a close-out letter, instructions to correct any violations, if appropriate,123 Federal Communications Commission FCC 98-281 124 47 U.S.C. §§ 318 and 319 (a)-(b). 125 47 C.F.R. § 73.3598 (a)-(b). 126 47 C.F.R. § 73.3534. 127 47 C.F.R. § 73.3534(b). 128 47 C.F.R. §73.3534(d). 31 admonition, forfeiture, hearing designation order, or an order to show cause why an order of revocation should not be issued. 76. We believe this formal program of both pre- and post-grant random audits will effectively check streamlined broadcast applications for the reliability of applicants' certifications, and will provide additional incentives
• http://wireless.fcc.gov/auctions/06/releases/oroc6130.pdf http://wireless.fcc.gov/auctions/06/releases/oroc6130.txt http://wireless.fcc.gov/auctions/06/releases/oroc6130.wp
  • would commercial entities to raise funds for construction, thereby causing a delay in completion of construction. ITFS construction permittees rely heavily upon MDS operators for construction 18 financing, Schwartz, Woods argues, and MDS operators frequently delay ITFS construction financing until their own MDS systems generate profit. Therefore, Schwartz, Woods asserts, ITFS construction extension applications should be routinely granted. 14. Section 73.3534(c) of the Commission's rules provides that: 8 Applications for extension of time to construct . . . Instructional TV Fixed stations will be granted upon a specific and detailed showing that the failure to complete was due to causes not under the control of the permittee, or upon a specific and detailed showing . . . sufficient to justify an
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2007&m=1&t=Order
  • Denied the petition DA-07-204A1: [224]pdf - [225]word - [226]txt 01/25/2007 WTB Orders (DA 07-205) Forty-one late-filed applications For Renewal of Educational Broadband Service Stations Granted the waiver requests and direct processing of the associated renewal applications DA-07-205A1: [227]pdf - [228]word - [229]txt 01/25/2007 WTB Orders (DA 07-207) SWEET BRIAR INSTITUTE Granted SBI's petition. Reinstated its license, and waived former Section 73.3534 of the Commission'... DA-07-207A1: [230]pdf - [231]word - [232]txt 01/24/2007 WTB Orders (DA 07-179) HAROLD PICK Dismissed in part and denied in part the first petition. Denied the second petition DA-07-179A1: [233]pdf - [234]word - [235]txt 01/24/2007 WTB Orders (DA 07-180) HYATT CORPORATION D/B/A HYATT REGENCY ATLANTA Granted the request for waiver and permitted the processing of Hyatt's application DA-07-180A1:
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion, and a notice of the forfeiture of any construction permit under this provision will be placed in the records of the FCC as of the expiration date." 47 C.F.R. § 73.3599. 73 47 C.F.R. §§ 73.3534(b). Applications for extension of time are made on FCC Form 307. 74 Id. The same criteria are also used to determine whether a permittee that has allowed its construction permit to expire prior to requesting an extension should be afforded additional time to construct. Our rules refer to a post- expiration request as a "replacement" rather than an "extension." See
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the applicants an opportunity to explain any apparent discrepancies. Upon receipt and analysis of all relevant information, the staff will, consistent with our current practice, prepare either a close-out letter, instructions to correct any violations, if appropriate,123 Federal Communications Commission FCC 98-281 124 47 U.S.C. §§ 318 and 319 (a)-(b). 125 47 C.F.R. § 73.3598 (a)-(b). 126 47 C.F.R. § 73.3534. 127 47 C.F.R. § 73.3534(b). 128 47 C.F.R. §73.3534(d). 31 admonition, forfeiture, hearing designation order, or an order to show cause why an order of revocation should not be issued. 76. We believe this formal program of both pre- and post-grant random audits will effectively check streamlined broadcast applications for the reliability of applicants' certifications, and will provide additional incentives
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992476.doc
  • was no sufficiently compelling public interest benefit. . Petition for Reconsideration. KOB generally alleges that the R&O in this proceeding contains errors of fact and law, is arbitrary and capricious, and is inconsistent with Commission precedent because the Bureau failed to consider the circumstances concerning why Station KOAV-TV has not been constructed. KOB argues that Pulitzer's repeated violations of Section 73.3534(b) and abuse of the Commission's processes warrant the revocation and cancellation of Pulitzer's construction permit for Station KOAV-TV. KOB further contends that the grant of the extension applications allows KOAV-TV to assert that the reallotment of Channel 3 from Gallup to Farmington will not result in the removal of an existing service as set forth in Modification of FM and
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070125.html
  • the petition. Action by: Deputy Chief, Wireless Telecommunications Bureau. Adopted: 01/24/2007 by MO&O. (DA No. 07-204). WTB [28]DA-07-204A1.doc [29]DA-07-204A1.pdf [30]DA-07-204A1.txt TRANS VIDEO COMMUNICATIONS, INC. Denied NY3G's Petition. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 01/24/2007 by MO&O. (DA No. 07-201). WTB [31]DA-07-201A1.doc [32]DA-07-201A1.pdf [33]DA-07-201A1.txt SWEET BRIAR INSTITUTE. Granted SBI's petition. Reinstated its license, and waived former Section 73.3534 of the Commission's Rules. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 01/24/2007 by Order on Reconsideration. (DA No. 07-207). WTB [34]DA-07-207A1.doc [35]DA-07-207A1.pdf [36]DA-07-207A1.txt ROHEL PASCUAL. Granted Pascual's waiver request. Dismissed WHTV's petition to deny for failure to establish standing, and direct processing of the renewal application. Action by: Deputy Chief, Broadband Division, Wireless Telecommunications Bureau. Adopted: 01/24/2007
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  • Rules in effect at the time Logos filed its extension application, in order to establish an entitlement to an extended construction permit, Logos was required to establish either that construction had not been completed due to circumstances ``beyond the control of the permittee'', that ``substantial progress'' had been made, or that construction was ``completed.'' 47 C.F.R. § 73.3634(b). 47 C.F.R. §73.3534(a)(2) ("i.e., demonstration that equipment is on order or on hand, site acquired, site cleared and construction proceeding toward completion"). We find that the circumstances here are similar to past cases in which we granted permit extensions based on substantial construction of the station. See Benko Broadcasting Co., 5 FCC Rcd 1301 (MMB 1991); Horseshoe Bay Centrex Broadcasting Co., Memorandum Opinion
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  • Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 C.F.R. § 73.3598(a). Waivers are required to extend the construction period of any station that received three or more unencumbered years to construct. See Wendell & Associates, 17 FCC Rcd 18576, 18577-78 (2002) (citing Texas Grace Communications, 16 FCC Rcd 19167, 19170 (2001) (``Texas Grace'')). See former rule section 73.3534, 47 C.F.R. § 73.3534 (1998) (``Application for extension of construction permit or for construction permit to replace expired construction permit.''). To ensure a smooth transition to new construction period standards, the Commission first gave certain permittees, including Royce, until December 21, 2000, to complete construction. See 1998 Biennial Regulatory Review-Streamlining of Mass Media Applications, Rules, and Processes, 13 FCC Rcd
• http://www.fcc.gov/fcc-bin/audio/FCC-03-14A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-14A1.pdf
  • C.F.R. § 1.3. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (``WAIT Radio''), citing Rio Grande Family Radio Fellowship Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968). WAIT Radio,418 F.2d at 1157. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. §§ 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. § 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. § 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was
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  • circumstances.'''), petition for recon. denied, 14 FCC Rcd 6080, aff'd sub nom, SouthEast Telephone v. F.C.C., No. 99-1164, 1999 WL 1215855 (D.C. Cir. Nov. 24, 1999). Cf. Zephyr Broadcasting, 11 FCC Rcd at 19630 (Commission has not treated ``prevailing economic conditions'' as a factor beyond the control of a permittee justifying extension of construction deadline under former 47 C.F.R. § 73.3534(b)). It is true that the Commission cited concerns about the economic downturn and its effect on the telecommunications sector in Disposition of Down Payment and Pending Applications By Certain Winning Bidders in Auction No. 35, 17 FCC Rcd 23354, 23358 (2002). However, that case is readily distinguishable. There, the winners of licenses previously licensed to NextWave Power Partners, Inc. and
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  • respects. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Our rules permit tolling of the normal construction period under certain circumstances. See 47 C.F.R. § 73.3598(b). See File No. BAP-19980202GE. The Commission had authorized the construction of station KZTY(AM) in 1991. The staff extended the station's construction deadline eight times, pursuant to construction rules then in effect. See 47 C.F.R. §§ 73.3534(b)(3) (1998) and 73.3535(c) (1998). The Commission substantially changed its construction rules and policies thereafter. See 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056 (1998) (``Streamlining R&O''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999) (``Streamlining MO&O''). The application contained multiple deficiencies which KRI took five months
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  • IT IS FURTHER ORDERED, That the Application for Review filed on February 22, 2006, by Royce International Broadcasting Company IS DISMISSED. IT IS FURTHER ORDERED, That the application filed by Royce International Broadcasting Company on February 22, 2006, to modify its expired construction permit (BMP-20060222ABE) IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. § 73.3534 (1998) (``Application for extension of construction permit or for construction permit to replace expired construction permit''). The former rule explicitly allowed extensions for zoning problems. Id. See File Nos. BP-19860923AE and BMP-19981110DA (Royce's first and last extension applications under former Section 73.3534, attached to Application for Review as Appendices 4 and 5); See also Application for Review at 5-8. See
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  • CDP. See Staff Decision, supra n. 10 at 6. SRC Application for Review at 12. Blanchard, supra n. 22, 10 FCC Rcd at 9829. See supra n. 57. File No. BP-810710AC. The permit was initially issued to Folsom Radio, Inc. An application to assign the permit to Royce (File No. BAP-861118EA) was granted December 31, 1986. See 47 C.F.R. § 73.3534 (1998). See, e.g., File No. BMP-941110DB (extending the permit from March 27 to September 27, 1995). See Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056 (1998) (``Streamlining Report & Order''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999). The Commission concluded that the three-year
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  • if the station is not ready for operation within the time specified therein or within such further time as the FCC may have allowed for completion, and a notice of the forfeiture of any construction permit under this provision will be placed in the records of the FCC as of the expiration date." 47 C.F.R. ( 73.3599. 47 C.F.R. (( 73.3534(b). Applications for extension of time are made on FCC Form 307. Id. The same criteria are also used to determine whether a permittee that has allowed its construction permit to expire prior to requesting an extension should be afforded additional time to construct. Our rules refer to a post-expiration request as a "replacement" rather than an "extension." See 47 C.F.R.
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  • By the time of the denial of the application, it had long been "settled that a construction permit does not `lapse,' notwithstanding a failure to abide by its terms, until the Commission declares it forfeited." MG-TV Broad. Co. v. FCC, 408 F.2d 1257, 1261 (1968). The version of 47 C.F.R. § 73.3599 in effect in 1995 (now located at § 73.3534) does not 2 require the Commission to give nunc pro tunc effect to a declaration of forfeiture. The Commission has long required an application to be valid as of the filing date, see In re Morningstar Educational Network, 18 F.C.C.R. 19249, 19251 ¶ 8 (2003), and its regulations clearly prohibit contingent applications. See 47 C.F.R. § 74.910; § 73.3517. Contrary