§  74.788   Digital construction period.

   (a) Except as indicated below, 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.
   Construction permits for the construction of a new digital low power
   television or television translator station granted after the release
   of the LPTV DTV Third Report and Order, MB Docket No. 03-185 (FCC
   15-175) shall specify the later of either the digital transition
   deadline or 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) For the September 1, 2015 Class A
   television digital construction deadline, authority is delegated to the
   Chief, Media Bureau to grant an extension of time of up to six months
   beyond September 1, 2015 upon demonstration by the Class A station 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 taken all reasonable steps to resolve the problem
   expeditiously. For the low power television and TV translator station
   digital transition deadline set forth in § 74.731(l) of this subpart,
   authority is delegated to the Chief, Media Bureau to grant an extension
   of time of up to six months beyond the digital transition deadline set
   forth in § 74.731(l) upon demonstration that failure to meet the
   construction deadline is due to circumstances that are either
   unforeseeable or beyond the station's control where the station has
   taken 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) Applications for extension of time filed by Class A television
   stations shall be filed not later than May 1, 2015 absent a showing of
   sufficient reasons for late filing. Applications for extension of time
   filed by low power television and TV translator stations shall be filed
   not later than four months before the digital transition deadline set
   forth in § 74.731(l) of this subpart absent a showing of sufficient
   reasons for late filing.

   (d) For Class A television digital construction deadlines occurring
   after September 1, 2015, the tolling provisions of § 73.3598 shall
   apply. For low power television and TV translator digital construction
   deadlines occurring after the digital transition deadline set forth in
   § 74.731(l) of this subpart, the tolling provisions of § 73.3598 shall
   apply.

   (e) A low power television, TV translator or Class A television station
   that holds a construction permit for an unbuilt analog and
   corresponding unbuilt digital station and fails to complete
   construction of the analog station by the expiration date on the analog
   construction permit shall forfeit both the analog and digital
   construction permits notwithstanding a later expiration date on the
   digital construction permit.

   (f) A low power television, TV translator or Class A television station
   that holds a construction permit for an unbuilt analog and
   corresponding unbuilt digital station and completes construction of the
   digital station by the expiration date on the analog construction
   permit, begins operating and files a license application for the
   digital station may forego construction of the unbuilt analog station.

   [ 69 FR 69334 , Nov. 29, 2004, as amended at  76 FR 44828 , July 27, 2011;
    81 FR 5053 , Feb. 1, 2016]