§  74.788   Digital construction period.

   (a) Each original construction permit for the construction of a new
   digital low power television or television translator station 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.

   (b) Any construction permit for which construction has not been
   completed and for which an application for license or extension of time
   has not been filed, shall be automatically forfeited upon expiration
   without any further affirmative cancellation by the Commission.

   (c) Authority delegated. (1) Authority is delegated to the Chief, Media
   Bureau to grant an extension of time of up to six months beyond the
   relevant construction period for each original construction permit upon
   demonstration by the digital licensee or permittee that failure to meet
   the construction deadline is due to circumstances that are either
   unforeseeable or beyond the licensee's control where the licensee has
   take all reasonable steps to resolve the problem expeditiously.

   (2) Such circumstances shall include, but shall not be limited to:

   (i) Inability to construct and place in operation a facility necessary
   for transmitting digital television, such as a tower, because of delays
   in obtaining zoning or FAA approvals, or similar constraints;

   (ii) The lack of equipment necessary to obtain a digital television
   signal; or

   (iii) Where the cost of construction exceeds the station's financial
   resources.

   (3) The Bureau may grant no more than two extension requests upon
   delegated authority. Subsequent extension requests shall be referred to
   the Commission. The Bureau may deny extension requests upon delegated
   authority.

   (4) Applications for extension of time shall be filed no earlier than
   90 and no later than 60 days prior to the relevant construction
   deadline, absent a showing of sufficient reasons for filing within less
   than 60 days of the relevant construction deadline.

   [ 69 FR 69334 , Nov. 29, 2004]