Goto Section: 73.3597 | 73.3601 | Table of Contents
FCC 73.3598
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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 June 12, 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 28369 , May 16, 2008; 74 FR 8879 , Feb. 27, 2009]
Goto Section: 73.3597 | 73.3601
Goto Year: 2010 |
2012
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public