§  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) For the September 1, 2015 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 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) Applications for extension of time shall be filed not later than
   May 1, 2015, absent a showing of sufficient reasons for late filing.

   (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.

   (d) For construction deadlines occurring after September 1, 2015, the
   tolling provisions of § 73.3598 of this chapter 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]