FCC Web Documents citing 73.3598

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

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  • (rel. Oct. 24, 2000) (3650-3700 MHz First Report and Order). See supra para. 2. Maps showing the Grade B contours of all co-channel and adjacent channel TV stations on Channels 52-59 in the United States are set forth in Appendix B to this Notice. See Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969, � 35. 47 C.F.R. � 73.3598. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968 (1996) (DTV Sixth Further Notice). The adoption date of this Notice (July 25, 1996) was the last opportunity to file petitions to add analog channels to the TV Table of Allotments. The
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  • 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, the
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  • KBCB(TV) at Bellingham, WA. Granted (February 8, 2001). [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12763 (1995). See FY 2000 Television & Cable Factbook.] Woolstone Corporation - Request for waiver and refund of FY 1999 and FY 2000 regulatory fees for Channel 283A at Aurora, NC. Granted (February 8, 2001). [See 47 C.F.R. � 73.3598(b)(ii). See Letter of Linda Blair, Chief Audio Services Division, Mass Media Bureau dated October 23, 2000.] WSLM-AM (Martin, Don H.) - Request for review and refund of FY 1997 regulatory fees for WSLM-AM at Salem, IN. Granted (February 5, 2001). WXEW Radio Victoria, Inc. - Request for refund of fees submitted in connection with an application for Station WXEW(AM) at
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  • granted, 10 FCC Rcd 12759 (1995)] WMJR AM 1380 - Request for a refund of FY 2000 regulatory fees and late payment penalties paid. Denied (November 1, 2001) [See 47 CFR par. 1.1162 (c)] Woolstone Corporation - Request for waiver & deferment of FY 2001 regulatory fees for Channel 283A Aurora, NC Granted (November 6, 2001) [See 47 CFR par. 73.3598 (b) (ii)] NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE REVENUE AND RECEIVABLES OPERATIONS GROUP AT (202) 418-1995. Federal Communications Commission ________________________________________________________________________ _____________ ________________________________________________________________________ __________ DA- 01-2513 �0� +D`� +DF� u v u v ! ' t u v � � � "��PNG ��(R)�R����(R)l2� "� � �p | [ݶѵ R�u�-��s�] <��7�� )� ���������oOv�*���{�``�KD� F�� �)dž �� 'X�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.txt
  • have experienced difficulties in timely filing amendments, settlements, contracts, and applications for licenses. The Bureau will waive these requirements in appropriate circumstances. For further information, contact the Audio Division at 418-2700 or the Video Division at 418-1600. Adopted by Chief, Media Bureau - FCC - See 47 C.F.R. � 73.3516 (e) (1). See 47 C.F.R. �� 1.65, 73.3525, 73.3615, and 73.3598. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h�! h� �@��� ��^��gd� gd� gd�! gd�! - ! � � � h�! h� h� ��^��gd� gd�! h�! ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&�
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  • LLP 2099 Pennsylvania Avenue, N.W./Suite 100 Washington, D.C. 20006-6801 In re: WMLB(AM), East Point, GA Facility ID No. 15521 BP-19990622AC, as modified by BMP-20020923AAQ Dear Counsel: This letter concerns the uncontested request, filed February 5, 2003, on behalf of Atlanta Area Broadcasting, Inc. (``AAB''), that the referenced construction permit be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b) or that it be given a waiver of the construction rules. For the reasons detailed below, AAB's waiver request is granted. Background. WMLB(AM) is a licensed and operating station, serving East Point, Georgia on 1160 kHz. On March 7, 2000, the staff approved AAB's application to modify the station's facilities at its licensed site, requiring completion of construction by March
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  • impact until recently, when it observed tree clearing. See 16 U.S.C. � 470f. The Commission's environmental rules implement NHPA at 47 C.F.R. �� 1.1301-1.1319 and App. C to 47 C.F.R. pt. 1. See also infra note 8 and accompanying text. See supra note 2 regarding tolling treatment under the previously issued permit that remains in effect. See 47 C.F.R. � 73.3598(b)(ii). See supra note 2. See NPA, Sec. IV, adopted in Report and Order, Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, 20 FCC Rcd 1073 (2004) (codified at 47 C.F.R. pt 1, App. C). The duty to consult is founded in Sections 101(d)(6)(a-b) and 106 of the NHPA (16 U.S.C. �� 470a(d)(6)(a-b) and 470f), the
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  • of 1934] Loral SpaceCom Corporation (Debtor-in-Possession) - Request for waiver and Deferral of FY 2004 regulatory fees. Granted (October 22, 2004) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762-62 (1995)] Meridian Communications of Idaho, Inc - Request for wavier and refund of FY 2004 regulatory fees. Granted (January 4, 2005) [See 47 C.F.R. � 73.3598(b) (ii)] Metrocall Holdings, Inc - Request for refund and waiver of filing fees Denied (January 12, 2005) [See 47 C.F.R. � 158(d) (2)] Music Express Broadcasting Corporation WATJ (AM) - Request for waiver and deferral of FY 2004 regulatory fees. Granted (October 26, 2004) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12761-62 (1995)] NTT
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  • stations should receive additional construction time by waiver. WKOX(AM), WUNR(AM) and WRCA(AM) are separately owned, licensed, and operating stations with authority to relocate to a single shared location in Newton, Massachusetts. The local government denied the parties' zoning application based on environmental concerns and the parties initiated a court appeal. We granted tolling treatment during the litigation pursuant to Section 73.3598(b)(ii) of the Commission's Rules. On January 20, 2006, the parties notified the Commission that the litigation ended on December 20, 2005, pursuant to a settlement agreement approved by the court. Accordingly, we have updated the broadcast database to provide each station with the remainder of its three-year construction period. The revised expiration dates of the WKOX(AM), WUNR(AM), and WRCA(AM) permits
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  • We also have before us a Petition to Dismiss (``Petition'') the captioned application as untimely submitted, filed June 24, 2005, by Blakeney Communications, Inc. (``BCI''). For the reasons set forth below, we grant the Petition to the extent indicated and deny it in all other respects, admonish CCBL for its late-filed application, and grant the subject license application. Background. Section 73.3598(a) of the Commission's Rules (the ``Rules''), promulgated pursuant to Section 319(b) of the Communications Act of 1934, as amended (the ``Act''), states that construction permits for new stations or modifications to 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
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  • Commission cannot grant the subject assignment application because Hoyt's construction permit for the Des Moines LPFM facility has expired. Accordingly, states FPR, there is nothing to assign. In support of this contention, FPR states that the construction permit for the Des Moines facility was issued on February 27, 2004, and, pursuant to the terms of the permit itself and Section 73.3598(a) of the Commission's Rules, expired 18 months after that date, on or about August 27, 2005. FPR acknowledges that the Commission has granted LPFM permittees the opportunity to seek a waiver of the 18-month construction deadline, even if the requirements for ``tolling'' the permit have not been met, if the permittee: demonstrates that it cannot complete construction within the allotted
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  • Tolling ("Reconsideration Petition") filed by CMCG Puerto Rico License LLC ("CMCG") on October 23, 2006, concerning the construction permit for Station WMEI(TV), Channel 60, Arecibo, Puerto Rico. By letter dated October 5, 2006, Commission staff advised CMCG that the WMEI construction permit had been automatically forfeited pursuant to the provisions of Section 35.3598(e) of the Commission's rules, 47 C.F.R. Section 73.3598(e), because CMCG failed to construct the facility as authorized before the permit expiration date of September 18, 2006. Reconsideration Petition. In the Reconsideration Petition you ask for reinstatement of the WMEI construction permit, with an additional 30 days allowed for construction. You maintain that Acts of God, specifically devastating lightning strikes and unusually severe weather at the tower site, justify
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  • E. 4th St. P.O. Box 113 Frederick, MD 21705-0113 Christopher J. Wright, Esq. Harris, Wiltshire & Grannis 1200 18 Street, NW, Suite 1200 Washington, DC 20036 In re: KPPC(FM), Pocatello, Idaho Facility ID No. 87656 BPH-19970724MI Dear Counsel: This letter concerns a request by InterMart Broadcasting Pocatello, Inc. (``InterMart'') for tolling of the referenced permit's construction deadline pursuant to Section 73.3598(b)(ii) of the Commission's rules. InterMart states that it has been prevented from building due to a pending Application for Review. Idaho Wireless Corporation (``IWC'') filed comments to InterMart's request, and InterMart filed a reply. For the reasons discussed below we find that InterMart should receive additional construction time, but less than it requested. InterMart and IWC both participated in Closed
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  • fees. Granted (January 6, 2006) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2005, Assessment and Collection of Regulatory Fees for Fiscal Year 2004, Report and Order and Order on Reconsideration, 2005 WL 1585408 � 46 (2005)] Meridian Communications of Idaho, Inc - Request for waiver and refund of FY 2005 regulatory fees. Granted (January 6, 2006) [See 73.3598(b)(ii)] PetroCom License Corporation - Request for waiver of FY 2005 regulatory fee late payment penalty. Granted (December 13, 2005) [See Public Notice, DA 05-2396, August 31, 2005] Inphonic Inc. - Request for exemption from FCC regulatory fees. Granted (January 19, 2005) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2002, 17 FCC Rcd 13203 Attachment F, �14 (2002)
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  • 84 MX Group 84-160 applications is herein denied, we also consider your alternative request that the KWFA construction permit, BP-19870303AG, be tolled until the Commission acts on modification application BMAP-20040130AIG. You argue that the length of time the mutually exclusive group has been pending is a matter beyond the station's control. The station's circumstances qualify neither for tolling under Section 73.3598(b) of the Commission's rules nor for a waiver of the three-year construction period. The Commission will not grant additional time for a permittee to move from its original FCC-approved site when the permittee has not demonstrated that the site became "unavailable for reasons not attributable to the permittee." Additional time is not warranted where, as here, the site change is
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  • before us a Petition for Reconsideration (the ``Petition'') filed March 14, 2005, by Radio 780, previous permittee of unbuilt and cancelled Station WREY(AM), Mulberry, Florida (the ``Station''). Radio 780 seeks reconsideration of the January 24, 2005, decision of the Audio Division (the ``Staff Decision'') denying Radio 780's request to toll the Station's December 21, 2000, construction deadline pursuant to Section 73.3598(b) of the Commission's Rules (the ``Rules''). For the reasons discussed below, we dismiss the Petition. Background. Radio 780 first received a construction permit for the Station on November 5, 1996, with a construction deadline of May 5, 1998. On June 22, 1998, in response to a timely-filed extension request, the staff set a new construction deadline of December 22, 1998.
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  • Petition. Petition at 2, citing Calhoun County Broadcasting Company, Memorandum Opinion and Order, 57 R.R.2d 641 (1984). 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056 (1998), recon. granted in part, 14 FCC Rcd 17525 (1999) (``Non-Technical Streamlining''). Non-Technical Streamlining, 13 FCC Rcd at 23071. See 47 C.F.R. � 73.3598. TRMR, Inc., Memorandum Opinion and Order, 11 FCC Rcd 17081, 17087 (1996). Id. (quoting Assignment and Transfer of Construction Permits, 33 Fed. Reg. 12678 (Sept. 6, 1968)). See also Richard R. Zaragoza, Esq. and John Tongier, Esq., Letter, 14 FCC Rcd 1732, 1742-43 (MMB 1998) (``Zaragoza and Tongier'') (reiterating principle that when reviewing assignment of a broadcast construction permit, ``the
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  • Buffalo Field Office staff determined that WXXC(FM) was only partially constructed and not operational, notwithstanding SCR's representations in the license application that the station had been timely constructed in accordance with its construction permit. Accordingly, on February 12, 2001, the staff declared that SCR's construction permit was forfeited as of its expiration date of January 15, 2001, pursuant to Section 73.3598(e) of the Commission's Rules (the ``Rules''). Additionally, the staff dismissed the license application and deleted the WXXC(FM) call sign. SCR timely filed the Petition seeking reconsideration of these actions on March 12, 2001. On March 13, 2001, SCR filed an application for a minor modification of the construction permit, requesting a change in the antenna coordinates. Discussion. The Commission will
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  • that it had constructed nonconforming facilities and simultaneously filed a modification application to come into compliance. Moreover, none of these cases involved Section 74.751(b)(2), which applies to low power television stations and required Cohen to file a minor modification to make antenna system changes at variance with her construction permit authorization before filing a license to cover application, or Section 73.3598(b)(ii), which required Cohen to construct her authorized facility within 3 years from the date of the issuance of her construction permit. Outstanding Character Issues: It appears from the record before us that Cohen may have: (1) lacked candor in filing her application for channel 46 as a displacement application, and in responding to the staff's request for further information supporting
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  • reconsideration. Background. CSN was granted a construction permit for WWTS(FM) on October 3, 2002, as the result of a settlement agreement between parties in a mutually exclusive group of noncommercial educational (``NCE'') applicants. By its terms, the permit expired on October 3, 2005. CSN admits the permit was not encumbered by any matter cognizable under the tolling provided in Section 73.3598(b) of the Commission's Rules (the ``Rules''). On September 9, 2005, less than one month before the set expiration of the WWTS(FM) construction permit, CSN filed a request for a waiver of the construction period time limit stating that it was unable to construct WWTS(FM) at the authorized site. CSN stated that the owner of the tower where CSN proposed to
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  • Decision, 58 FCC 2d 1296 (Rev. Bd. 1976). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056, 23092 (1998), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17539 - 40 (1999); 47 C.F.R. � 73.3598(b). See 47 C.F.R. � 1.65(a). 47 C.F.R. � 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, 22 FCC Rcd at 6125. Id. Regents also reported that its name had changed to Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College, without any corresponding change in ownership. (footnote continued...) Federal Communications Commission Washington,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1306A1.pdf
  • concludes that using the "eligible entity" definition will help promote diversity of ownership in the broadcast industrybymaking it easier for small businesses and new entrants to compete with larger, better- financed companies. Revision of Rules Regarding Construction Permit Deadlines:The Report and Order affords eligible entities that acquire expiring construction permits additional time to build out the facility. Previous Rules: Section 73.3598 of the Commission's rules requires all permittees for new TV, AM, FM, International Broadcast, low power TV, TV translator, TV booster, FM translator or 3 FM booster stations to complete construction of their broadcast facilities and applyfor a license within three years of the date of issuance of the construction permit. Construction permits for new LPFM stations allow all permittees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1363A1.pdf
  • for extension must be received at least 60 days prior to the deadlinefor which the extension is requested to ensure review prior to the deadline. See47 C.F.R. � 73.624(d)(3)(v). Tolling Event Notifications Stations with a construction deadline on or after February 18, 2009may obtain more time to complete their digital facility onlyupon demonstration of a tolling event. See47 C.F.R. � 73.3598(b). A tolling event refers to the following circumstances: (1)Construction is prevented due to an act of God, defined in terms of natural disasters (e.g., floods, tornados, hurricanes, or earthquakes); see47 C.F.R. � 73.3598(b)(i); or (2)The grant of the construction permit is the subject of administrative or judicial review (i.e., petitions for reconsideration and applications for review of the grant of
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  • 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 and Order, 5 FCC Rcd 7125 (1990). We note, however, that extension requests filed since 1999 are currently evaluated under the stricter standard set forth in revised Section 73.3598(b) of the Rules. See 47. C.F.R. � 73.3598(b). See Commercial Radio Service, Inc., Order to Show Cause, 21 FCC Rcd 9983, 9986 (2006)(citing, e.g., Contemporary Media, Inc., v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000)). See 47 U.S.C. � 503(b)(6)(B). See Reply at 9. Elijah Broadcasting Corp. Memorandum Opinion and Order, 5 FCC Rcd 5350, 5351 (1990). See Cuban-American
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  • antenna that day on the American Tower Corporation (``ATC'') tower specified in the Construction Permit, CSN learned that the United States Forest Service (``USFS'') prohibited installation of broadcast antennas at that location. The following day, CSN filed a request with the Commission to toll the Construction Permit expiration date. The Division Letter denied CSN's tolling request. It held that Section 73.3598(b) of the Commission's Rules (``Rules'') provides for tolling of construction permit deadlines only in ``specific circumstances beyond a permittee's control that delay construction, including litigation over government requirements for construction.'' It pointed out that there was no such litigation pending, and that CSN's circumstances did not ``qualify as a tolling event under any other provision of the Rule.'' The Division
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  • Report and Order, or within 10 days of the commencement of program tests, respectively. Univision filed the Application to implement its part of MM Docket No. 91-259 on February 8, 2008, eight and one-half years after this proceeding became final. The Application proposes operation on Channel 254B at Mayaguez, but proposes no other changes to WUKQ-FM's licensed facilities. Discussion. Section 73.3598(a) of the Commission's Rules (the ``Rules'') states that a construction permit to make changes in an existing station ``shall specify a period of three years . . . within which construction shall be completed and a license application filed.'' Thus, we would ordinarily accord Univision three years to ``construct'' the modified WUKQ-FM facilities, i.e., commence operation on its new channel.
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  • by BMAP-20050118AAN Petition for Reconsideration Dear Counsel: We have under consideration a Petition for Reconsideration (the ``Petition'') filed by Koor Communications, Inc. (``Koor''), former permittee of Station WQTH(AM), Claremont, New Hampshire, seeking reconsideration of the letter dated December 20, 2006 (the ``Letter Decision''), denying Koor's request for further tolling of its construction deadline or, in the alternative, waiver of Section 73.3598 of the Commission's Rules (the ``Rules''). For the reasons set out below, we deny the Petition. Background. Koor received a construction permit for WQTH(AM) on November 20, 1997. On January 16, 2005, in the Auction 84 filing window, Koor tendered a major change application (the ``2005 Modification Application'') to change the station's transmitter site and community of license. The staff
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  • contours with any other station as set forth below in this paragraph; and no application will be accepted for a change of the facilities of an existing station if the proposed change would involve such overlap where there is not already such overlap between the stations involved . . . 47 C.F.R. � 73.37(a) (chart omitted). In accordance with Section 73.3598(b) of the Rules and pursuant to its request, Sandy Springs' permit was tolled following the initiation of zoning litigation over its station site. Letter to Marlene H. Dortch, Secretary, FCC, from Mark N. Lipp (Jul. 19, 2005); Letter to Mark Lipp from Peter H. Doyle, Chief, Audio Division, Media Bureau (MB Sep. 16, 2005). On receiving notification that the appellate
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  • fee. Granted (December 18, 2007) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2007, 20 WL 2241209, � 52 (2007)] International Sound Corporation - Request for waiver of FY 2005 regulatory fee late payment penalty. Denied (December 18, 2007) [See 47 C.F.R. �1.1164] Meridian Communications - Request for waiver application fee. Granted (December 20, 2007) [See 47 C.F.R. �73.3598(b)(ii)] Minden Television Company, LLC KPXJ - Request for waiver of FY 06 regulatory fee. Granted (December 18, 2007) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2005, 20 FCC Rcd at 12266-67, and 12273, paras. 18-19, 23, and 46a (2005)] Northwest Airlines, Inc - Request for refund of application fees. Granted (December 18, 2007) [See Establishment of a
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  • a court of competent jurisdiction considering any necessary local, state, or federal requirement for the construction or operation of the station, including any zoning or environmental requirements. SIBR's circumstances do not fall within this limited exception to the three year construction deadline. Additionally, SIBR did not ask for tolling of the expiration date of the construction permit pursuant to Section 73.3598(c) of the Rules. SIBR failed to comply with the terms of its construction permit for Station KPOE(AM). Therefore, the staff acted properly in dismissing the above-captioned application and subjecting the construction permit to forfeiture under Section 73.3598(e) of the Rules. Because SIBR's petition for reconsideration fails to show a material error or omission in the original decision and did not
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  • construction permit expired at 3:00 a.m. the next day, June 13, 2005. Later, on that same day, BCI filed a conflicting application for modification of license to upgrade WBBN(FM). On June 15, 2005, CCBL filed its license application for the WRKH(FM) upgrade. BCI's Petition to Dismiss. BCI petitioned for dismissal of the WRKH(FM) license application. It argued that, under Section 73.3598(e) (``Section 73.3598(e)'') of the Commission's Rules (``Rules''), CCBL forfeited the WRKH(FM) construction permit by failing to file a timely license application. In opposition, CCBL contended that its license application was timely because Section 73.1620(a)(1) of the Rules (``Section 73.1620(a)(1)'') allows permittees ten days from the start of program tests to file a covering license application. It also argued that license
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  • � 319(b) (``... said permit will be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by cause not under the control of the grantee.'') See Streamlining MO&O, 14 FCC Rcd at 17540. Id. at 17541 (emphasis added). See also 47 C.F.R. � 73.3598. Id. at 17539. Id. at 17538-39. See, e.g., WLMB(AM), East Point, GA, Letter, 18 FCC Rcd 5034 (MB 2003) (forcible taking of site by eminent domain); Dorann Bunkin, Esq., Letter, 21 FCC Rcd 8671 (MB 2006) (cessation of construction during the breeding and migration of endangered species at the transmitter site, as required by local authorities). See Expedite Denial, 21
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  • years later on November 9, 2007. Mid-South erroneously filed an application to extend the station's digital construction deadline pursuant to Section 73.624(d)(3) of the rules. The extension provisions of Section 73.624(d)(3), however, apply only to stations with paired analog and DTV channels. As a single-channel digital station, the new Memphis station was subject to the stricter tolling provisions of Section 73.3598(b). Mid-South subsequently submitted the instant request for tolling on March 17, 2008. Section 73.3598(b) provides three categories where the Commission will toll a construction deadline: (1) act of God; (2) the permit is the subject of administrative or judicial review; or (3) the permit is delayed by any cause of action pending before any court related to local, state or
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  • KJJL(AM) directional antenna system. Moreover, we are unconvinced that Cutforth's failure to complete construction of the station and submit a timely and complete license application for DKJJL(AM) was due to circumstances beyond his control rather than his own dilatory actions and poor planning. It is clear that snowfall in the mountains of Wyoming would not qualify for ``tolling'' under Section 73.3598 of the Rules. The Commission tolls a station's three-year construction period when the permittee notifies the staff, pursuant to Section 73.3598(c) of the Rules, that construction has been encumbered by administrative or judicial review of a grant of a construction permit; by judicial review of any cause of action relating to necessary local, state or federal requirements for the construction
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  • Odessa, Michigan. The permit for the station, for which GLCB chose the call sign WQLO, was issued on July 11, 2005 and contained an expiration date of July 11, 2008. The permit stated: ``[T]his construction permit will be subject to automatic forfeiture unless construction is complete and an application for license to cover is filed prior to expiration. See Section 73.3598.'' On July 7, 2008, GLCB filed an application for license for the station. That license application, signed by Mr. Schaberg as engineering consultant to GLCB, certified that the station was operating pursuant to automatic program test authority and that all terms, conditions, and obligations set forth in the underlying construction permit had been fully met. Based on previous investigations of
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  • request without prejudice and direct LSU to refile an application for extension of time to complete construction of Station WND423 within 30 days of the release of this Order on Reconsideration. Background On October 20, 1995, LSU filed an application for a new EBS station in Ferriday, Louisiana. On July 30, 1998, LSU was granted an authorization. Under former Section 73.3598(b) of the Commission's Rules, LSU was to have constructed or filed an extension of time to construct on or before January 30, 2000. LSU claims that Worldcom, its excess capacity lessee, failed to timely file an extension of time to construct. Subsequently, LSU and Worldcom filed an extension of time to construct, but that application was dismissed on November 7,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2010A1_Rcd.pdf
  • that request without prejudice and direct LSU to refile an application for extension of time to complete construction of Station WND423 within 30 days of the release ofthis Order on Reconsideration. II. BACKGROUND 2.On October 20, 1995, LSU filed an application for a new EBS station in Ferriday, Louisiana.4 On July 30, 1998, LSU was granted an authorization.5Under former Section 73.3598(b) of the Commission's Rules, LSU was to have constructed or filed an extension of time to construct on or before January 30, 2000.6LSU claims that Worldcom, its excess capacity lessee, failed to timely file an extension of time to construct.7Subsequently, LSU and Worldcom filed an extension of time to construct, but that application was dismissed on November 7, 2001.8 1Petition
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  • Decision and dismiss as moot the petition for reconsideration of the Modification Decision. Background. The WXNH(AM) construction permit (the ``Construction Permit'') was issued on September 17, 2003, for a three-year term expiring September 17, 2006. On June 1, 2006, we granted in part Wendell's May 26, 2006, request for tolling of the permit's expiration date. We acted pursuant to Section 73.3598(b)(2) of the Rules, based on Wendell's notification of zoning litigation concerning his transmitter site. We concurrently rejected Wendell's other claimed bases for tolling including matters relating to an alternate site proposed in two modification applications. In October 2007, WLIE submitted a ``Petition to Terminate Tolling.'' Responsive pleadings made clear to staff for the first time that the litigation at issue
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  • Objection'') and, by letter filed December 23, 2008, sought reconsideration (``Petition for Reconsideration'') of the decision granting that Application. RFN opposed the Petition for Reconsideration in a letter (the ``Response'') dated February 17, 2009. For the reasons set forth below, we grant the Petition for Reconsideration to consider the arguments set forth in the Informal Objection. Further, we waive Section 73.3598(e) of the Commission's Rules (the ``Rules'') to permit the late filing of the Application, consider the late-filed Application, and admonish RFN for its failure to file a timely license application. Finally, we deny the Petition for Reconsideration in all other respects. Background. On April 16, 2007, RFN filed a minor modification application to relocate the Station's licensed facilities. The application
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  • permit (``Permit'') for Station KXFT(FM), Manson, Iowa (``Station''). Also before us is an unopposed pleading filed by TEL on March 28, 2008, styled as a ``Petition for Reconsideration and Request for Reinstatement Nunc Pro Tunc'' (``Petition''). The Petition seeks reinstatement nunc pro tunc of the Permit, which expired as a matter of law on March 9, 2008, pursuant to Section 73.3598(e) of the Commission's Rules (``Rules''). For the reasons set forth below, we dismiss the Petition as procedurally defective, but treat and grant it as a request for waiver of Section 73.3598 of the Rules, reinstate the Permit nunc pro tunc, dismiss a request for extension of special temporary authority (``STA'') as moot, admonish TEL for its late-filed Application, and grant
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  • MI 49346, and to Great Lakes Broadcast Academy, Inc., P.O. Box 334, Stanwood, MI 49346. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau Great Lakes Community Broadcasting, Inc., Memorandum Opinion and Order, 24 FCC Rcd 8239 (Audio Div. 2009) (``Great Lakes Order''), applying Section 312(g) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3598(e) of the Commission's Rules (the ``Rules''). See 47 U.S.C. � 312(a) and 47 C.F.R. � 73.3598(e). The Great Lakes Order noted that a separate Hearing Designation Order would address the character qualifications of Great Lakes and its consulting engineer, David C. Schaberg, to hold their remaining Commission authorizations. See Great Lakes Order, 24 FCC Rcd at 8240. Petition at 1-3.
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  • and license the modified facilities, "without any assurance this will ever happen." 48. VBB's statements regarding Clear Channel's ``actual intentions'' amount to mere speculation and warrant no further action. Similarly, VBB's attempt to find fault in the fact that Clear Channel will have three years in which to construct WOLL(FM)'s modified facilities - the standard construction period authorized by Section 73.3598(a) of the Rules - is not supported by any evidence that Clear Channel does not intend to construct those facilities. The Modification Application complies with all pertinent statutory and regulatory requirements, and we will grant it below. ORDERING CLAUSES 49. IT IS ORDERED, that Vero Beach Broadcasters, LLC's August 24, 2007, Informal Objection IS DENIED and the minor change application
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  • Fees for Fiscal Year 2009, Report and Order, 2009 WL 2356991, para. 43 (released: July 31, 2009)] Intelsat North America LLC. Station KS35 Request for waiver of FY09 regulatory fee. Denied (November 05, 2009) [See 47 C.F.R. �1.1160(b)] Meridian Communications of Idaho, Inc. Request for waiver and refund of FY09 regulatory fee. Granted (Nov 05, 2009) [See 47 C.F.R. � 73.3598(b)(2)] Nancy L. Isserlis, Esq. Stations KAZZ (FM) and KAZZ (FM1) - Request for Waiver of FY09 regulatory fee. Granted (October 29, 2009) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] NationsLine District of Columbia, Inc - Request for waiver of FY 07 late fee payment penalty. Denied (October 21, 2009) [See 47 C.F.R.
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  • and Order and Notice of Proposed Rulemaking, FCC 09-11 (rel. Feb. 20, 2009) (``DTV Delay Act Omnibus Order'' and ``NPRM''). The DTV Delay Act Omnibus Order is also available on the Commission's website. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-11A1.doc. DTV Delay Act, Pub. L. No.111-4, 123 Stat. 112 (2009). 74 FR 8868 (February 27, 2009). Specifically, 47 C.F.R. �� 27.13, 27.14, 27.20, 27.1310, 73.624, 73.674, 73.3598, 90.528, and 90.1410. DTV Delay Act Omnibus Order, supra note 1, Amended Rules Appendix. DTV Delay Act Omnibus Order, supra, note 1 at � 86. As discussed in the DTV Delay Act Omnibus Order, these rules take effect later in order to give manufacturers, eligible telecommunications carriers and multichannel video programming distributors the necessary time to fully comply with the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-784 Released: April 7, 2009 Media BUREAU PROVIDES GUIDANCE ON requests for ADDITIONAL TIME to construct new broadcast stations assigned TO eligible eNtities pursuant to section 73.3598(a) By: Chief, Media Bureau The Commission recently provided certain broadcast assignees with an opportunity to receive additional time to complete construction of new broadcast stations with expiring construction permits. Section 73.3598(a), as revised, provides that an eligible entity acquiring an ``issued and outstanding'' construction permit for a new unbuilt broadcast station shall have the time remaining on the construction permit
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  • C.F.R. � 1.106; WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom, Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966); National Ass'n of Broadcasters, Memorandum Opinion and Order, 18 FCC Rcd 24414, 24415 (2003). 47 U.S.C. � 309(f). See File No. BP-20111. See 47 C.F.R. � 73.3598(a). Petition at 1. Federal Communications Commission Washington, D.C. 20554 April 30, 2009 DA 09-990 In Reply Refer to: 1800B3-ATS Released: April 30, 2009 � � � 8V.@�� ����\����~�}� ߈�������w_��? �}``�� $ �'�����V��E|Q|�ba��'/ �'�\�� �(c)y/�4 M ���(c) �*� 8{� � �A%s\��>�@0� `R� ��-n7d" H��� s��� 3��HI?� ��|y#��' 2)!�j;���2�w��f��+��}�f�g3�B�/`� �D"� �?��-...���e���*Z> ��7� �"[,fR&����;�+�k�Z|�[''�;���I5"�(R)�B��...��� -L|(R) ��� `-��KQ-� [?k...4��w-#C�ւwj9���� �( o�-�Rek.�| C+�;� �(c)v�֡��I�>X|=�i@T �W�����w����>E�9nP���<�t
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  • Baton Rouge Progressive Network on September 26, 2007, IS DISMISSED as moot. IT IS FURTHER ORDERED, that the grants of Application File Nos. File No. BMPL-20051101AAC, BMPL-20060208AMJ, and BLL-20060313AAE, ARE RESCINDED and those Applications ARE DISMISSED. IT IS FURTHER ORDERED, that Application File Nos. BPL-20081006ABL and BPL-20090803AGN ARE DISMISSED AS INADVERTENTLY ACCEPTED FOR FILING. IT IS FURTHER ORDERED, that Section 73.3598(a) of the Commission's Rules IS WAIVED, and WHYR-LP construction permit BNPL-20000605ACF WILL EXPIRE on June 26, 2011. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Ms. Elaine Rougeau, Ethics, Inc., 9064 Highland Road, Baton Rouge, Louisiana 70808, and to Baton Rouge Progressive Network, c/o Michael Couzens,
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  • separation and city-grade coverage requirements); Pinckneyville, Illinois, Report and Order, 41 R.R. 2d 69 (MMB 1977) (deleting FM allotment ``erroneously made'' because of lack of availability of a transmitter site that meets spacing and city-grade coverage requirements). Connoisseur's construction permit, File No. BMPH-20061019AAM, was set to expire on March 18, 2008, but the staff granted Connoisseur a waiver of Section 73.3598(a) of the Commission's Rules, which establishes a three-year construction period. See Letter to David Oxenford, Ref. 1800B3-IB (Jan. 28, 2008). At that time, three months, twelve days remained in the station's construction permit. This remaining time is now moot in view of the deletion of the allotment and Connoisseur's construction permit. Although the NPRM proposed the deletion of Channel 299C2,
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  • *56 in Memphis, Tennessee. The permit was scheduled to expire three years later on November 9, 2007. On September 17, 2007, Mid-South erroneously filed an application to extend its channel *56 construction deadline pursuant to Section 73.624(d)(3) of the Commission's Rules. However, as a single-channel DTV permittee on channel *56, Mid-South was subject to the stricter tolling provisions of Section 73.3598(b). On March 17, 2008, four months after the channel *56 construction permit expired, Mid-South filed both a request to toll construction on channel *56 pursuant to Section 73.3598(b) and an application for minor modification to a post-transition DTV channel *10 construction permit. Three days later, on March 20, 2008, the Video Division granted the application for a minor technical modification
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  • Baldwin under lesser Priority 4, ``other public interest matters.'' As a result, the Modification Letter dismissed the Modification Application. In view of the dismissal of the Modification Application, Northeast filed a ``Request for Tolling'' on August 8, 2005, seeking additional time to build a new station at Nassau Village-Ratliff. Recognizing that its circumstances are not among those enumerated in Section 73.3598(b) as grounds for tolling, Northeast sought a waiver based on ``rare and exceptional circumstances'' beyond the permittee's control. Northeast claimed that the staff's dismissal of the Modification Application is such a circumstance because that decision was erroneous and one over which Northeast had no control. As a result, Northeast requested that the running of its construction permit be tolled pending
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  • based on revenue. See 2010 Quadrennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Notice of Inquiry, 25 FCC Rcd 6086 (2010). Diversity Order, 23 FCC Rcd at 5928-31 (providing additional time when an eligible entity acquires an expiring construction permit). 47 C.F.R. � 73.3598(a), as revised, provides that an eligible entity acquiring an issued and outstanding construction permit for a new unbuilt broadcast station 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 a license application. See Media Bureau Provides Guidance
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  • and Order and Notice of Apparent Liability for Forfeiture ("NAL") issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), and Section 1.80 of the Rules (the ``Rules''), by the Chief, Audio Division, Media Bureau (the ``Bureau'') by authority delegated under Section 0.283 of the Rules, we find that the Licensee apparently willfully violated Section 73.3598 of the Rules by failing to timely file a License to Cover Application, and willfully and repeatedly violated Section 301 of the Act, by engaging in unauthorized operation of the Station after the construction permit had expired. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture
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  • January 30, 2009. 47 C.F.R � 1.106; WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom., Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 1998 Biennial Regulatory Review, Streamlining of Mass Media Applications, Report and Order, 13 FCC Rcd 23056, 23091 (1998); 47 C.F.R. � 73.3598(e). See 1998 Biennial Regulatory Review, Streamlining of Mass Media Applications, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17533 (1999). See In the Matter of Promoting Diversification of Ownership in the Broadcast Services, Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922 (2008) (``Diversity Order''). Section 73.3598(a), as revised in the Diversification Order, provides that
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  • 18931 (2007) (``Letter Decision''). Comparative Consideration of 76 Groups of Mutually Exclusive Applications to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007). Id. The expiration date of HFC's construction permit has been tolled during consideration of the petition for reconsideration of the permit's grant, at HFC's request. See 47 C.F.R. � 73.3598(b)(2). See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966); 47 C.F.R. � 1.106. Moreover, even under current rules, an applicant for an NCE authorization is not required to submit evidence that it is incorporated at the time of application. Rather, it
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  • Commission has accepted and granted late-filed applications for license renewal and STA. Otherwise, portions of the public airwaves would lay fallow as licensees with expired licenses and other potential applicants wait for a new application filing window. Accordingly, we find Capstar's argument to be unpersuasive. Next, Capstar argues that Licensee does not meet the criteria for a waiver of Section 73.3598 of the Rules, which requires license renewal applications to be filed not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed. We have reviewed Commission records and find no evidence indicating that Licensee made such a waiver request. Regardless, we have previously declined to act on
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  • El Dorado, LLC. Station KEJB TV - Request for wavier of FY 2010 regulatory fee. Granted (March 22, 2011) [See Memorandum Opinion and Order in MD Docket No. 94-19 FCC 95-257, 10 FCC Rcd 12759 1262 (1995 Meridian Communications of Idaho, Inc. - Request for waiver and refund of FY 2010 regulatory fee. Granted (March 31, 2011) [See 47 C.F.R. �73.3598(b) (ii) ] N-1 Communications, LLC- Request for waiver of the application fee. Granted (March 22, 2011) [See 47 C.F.R. �1.1119] Nancy L. Isserlis, ESQ. Station KAZZ - Request for waiver of FY10 regulatory fee. Granted (March 18, 2011) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, New Radio Venture, Inc. - Request for waiver of
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  • Street, S.W., Washington, D.C. 20554. By letter dated February 7, 2011, KSQA requested that its DTV construction permit be tolled due to a petition, filed by Washburn University of Topeka, requesting reconsideration of the grant of an application for modification of the KSQA's DTV construction permit. On February 16, 2010, the Video Division granted KSQA's tolling request pursuant to Section 73.3598(b)(2) of the rules and tolled KSQA's DTV construction permit until final action on the petition for reconsideration of Washburn University of Topeka is taken. KSQA Petition at 2. Id. at 2. Id. 47 C.F.R. � 73.625(a). 47 C.F.R. �� 73.616 and 73.623. 47 C.F.R. � 73.622(i). 47 C.F.R. � 73.623(h)(3). 47 C.F.R. � 1.7. See ``Freeze on the Filing of
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  • prejudiced by circumstances beyond its control. Discussion. The Commission's Rules specify that Petitions for Reconsideration will be entertained within 30 days of public notice of a final Commission action. There was no Commission action in the present case, the Permit simply expired on December 15, 2011 by its own terms and was automatically forfeited on that date pursuant to Section 73.3598(e) of the Rules because the permittee had not constructed and filed a license application. The steps that the staff took to mark the permit as cancelled, to delete it from the Commission's database, and to inform CBC of those steps in a January 25, 2012 e-mail were purely ministerial and did not establish any independent basis for seeking reconsideration. Accordingly,
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  • a downgrade of facilities and DISMISSED AS MOOT with respect to additional time to construct. Accordingly, the application for modification of permit (File No. BMPED-20111031AAG) IS DISMISSED and the underlying permit (File No. BNPED-20071022BAR) expired on its own terms on August 5, 2011. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Specifically, NTC seeks waivers of 47 C.F.R. �� 73.3598(a), 73.3598(c), 73.7002(c) and 73.7005(b). Petition at 2-3. Affidavit of Jason K. Arviso, Director of Institutional Development, NTC, Appendix 1 to Petition (``Arviso Declaration''). File No. BNPED-20071022BAR. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, Attachment A (MB 2008). See 47 C.F.R. �
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  • has acted with an extreme lack of diligence such that grant of a waiver would not be in the public interest. background On October 20, 1995, LSU Alumni Association (``LSU'') filed an application for a new Educational Broadband Service (``EBS'') station in Ferriday, Louisiana. On July 30, 1998, LSU was granted an authorization under call sign WND423. Under former Section 73.3598(b) of the Commission's Rules, LSU was to have constructed or filed an extension of time to construct on or before January 30, 2000. LSU claimed that Worldcom, its excess capacity lessee, failed to timely file an extension of time to construct. Subsequently, LSU and Worldcom filed an extension of time to construct, but that application was dismissed on November 7,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-490A1_Rcd.pdf
  • licensee has acted with an extreme lack of diligence such that grant of a waiver would not be in the public interest. II. BACKGROUND 2.On October 20, 1995, LSU Alumni Association ("LSU") filed an application for a new Educational Broadband Service ("EBS") station in Ferriday, Louisiana.1On July 30, 1998, LSU was granted an authorization under call sign WND423.2Under former Section 73.3598(b) of the Commission's Rules, LSU was to have constructed or filed an extension of time to construct on or before January 30, 2000.3LSU claimed that Worldcom, its excess capacity lessee, failed to timely file an extension of time to construct.4Subsequently, LSU and Worldcom filed an extension of time to construct, but that application was dismissed on November 7, 2001.5 3.In
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  • his support for the CBC proposal and advocated for favorable Commission action on the April Petition. CBC had previously requested and received two adjustments of the construction deadline. We adjusted the original April 14, 2010 construction deadline to October 15, 2011 pursuant to an ``eligible entity'' policy in effect when CBC acquired the permit by assignment. See 47 C.F.R. � 73.3598(a). We further adjusted that deadline to December 15, 2011 following CBC's September 30, 2011 notification that flooding, hurricanes, and a tornado had limited its access to the transmitter site. CBC had sought a six-week adjustment of the construction deadline but the Bureau provided a full two months, corresponding to the delay in construction occurring during the final two months of
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  • Response. -4- January 23 In the Matter of Initial Comments of the ICC in Matter of 2000 Biennial Review - Comprehensive Review of the Accounting Requirements and ARMIS Report Requirements for Incumbent Local Exchange Carriers: Phase 2. Comments - Illinois Commerce Commission. In the Matter of Tolling/Extension Request for KRZB(FM) Construction Permit pursuant to tolling provisions under 47 C.F.R. Section 73.3598(b)(i) and (ii) and all other applicable Commission rules, memorandum, precedent, report and order, or practice (Reply Reference#1800B3-GDG/MM Docket No. 98-43/FCC 98-281; FCC 99-267 KRZB(FM), Archer City, TX/Facility #79024, File #BMPH-199902171B. Application for Review. -FCC- News media Information 202 / 418-0500 TTY 202 / 418-2555 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th Street, S.W. Washington, D.
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  • ) ) ) ) ) ) ) ) ET Docket No. 01-75 RM-9418 RM-9856 ERRATUM Adopted: July 7, 2004 Released: July 8, 2004 By the Chief, Office of Engineering and Technology: 1. On November 13, 2002, the Commission released a Report and Order, FCC 02-298, in the above captioned proceeding. In the Report and Order, the Commission inadvertently modified Section 73.3598 of its rules. This erratum corrects this error: 2. Section 73.3598 of Appendix A is corrected to read as follows: Section 73.3598 is amended by revising paragraph (a) to read as follows: � 73.3598 Period of construction. (a) Each original construction permit for the construction of a new TV, AM, FM or International Broadcast; low power TV; TV translator; TV
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  • LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P AM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BMAP-20001020AAT 1500 KHZ E Major modification to construction permit no.: BMP-19990609AC AUCTION 32 FILING 12/20/2001--73.3598(a) waived to the extent that permit expires 84 days after condition (ITU) on permit is resolved. Ltr action, ref. 1800B3-GDG. 1/11/2002--12/20/2001 and 1/8/2002 actions (stipulating 1/31/2002 expiration) RESCINDED, Request returned to pending status. Request then denied and Royce given to 4/25/2002 to construct. Ltr Action, Ref. 1800B3-IB. PETITION FOR RECONSIDERATION FILED 2/11/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Petition for Reconsideration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255544A1.pdf
  • LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P AM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BMAP-20001020AAT 1500 KHZ E Major modification to construction permit no.: BMP-19990609AC AUCTION 32 FILING 12/20/2001--73.3598(a) waived to the extent that permit expires 84 days after condition (ITU) on permit is resolved. Ltr action, ref. 1800B3-GDG. 1/11/2002--12/20/2001 and 1/8/2002 actions (stipulating 1/31/2002 expiration) RESCINDED, Request returned to pending status. Request then denied and Royce given to 4/25/2002 to construct. Ltr Action, Ref. 1800B3-IB. PETITION FOR RECONSIDERATION FILED 2/11/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Petition for Reconsideration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256311A1.pdf
  • LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P AM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A CONSTRUCTION PERMIT APPLICATION FOR REVIEW KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BMAP-20001020AAT 1500 KHZ E Major modification to construction permit no.: BMP-19990609AC AUCTION 32 FILING 12/20/2001--73.3598(a) waived to the extent that permit expires 84 days after condition (ITU) on permit is resolved. Ltr action, ref. 1800B3-GDG. 1/11/2002--12/20/2001 and 1/8/2002 actions (stipulating 1/31/2002 expiration) RESCINDED, Request returned to pending status. Request then denied and Royce given to 4/25/2002 to construct. Ltr Action, Ref. 1800B3-IB. PETITION FOR RECONSIDERATION FILED 2/11/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Petition for Reconsideration
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  • LA (9/15/05). o FCC granted an STA for silent authority to WDSU-TV and WDSU-DT, Hearst-Argyle Television, New Orleans, LA (9/15/05). o FCC granted an STA for silent authority to KMRL-FM, White Dove Fellowship, Buras, LA (9/14/05). o FCC granted an STA for silent authority to WTUL-FM, Tulane Educational Fund, New Orleans, LA (9/14/05). o FCC granted tolling pursuant to Section 73.3598(b)(1) via letter to American Family Association, extending the period to construct KSUL-FM, Port Sulphur, LA, by at least six months (9/14/05). o FCC granted 90 additional construction days via letter to Star Over Orlovista, permittee of WEUS(AM), Orlovista, FL (9/14/05). o FCC granted an STA for silent authority to WHNO-TV, CH 20, New Orleans, LA (9/13/05). - ix - o
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  • LA (9/15/05). o FCC granted an STA for silent authority to WDSU-TV and WDSU-DT, Hearst-Argyle Television, New Orleans, LA (9/15/05). o FCC granted an STA for silent authority to KMRL-FM, White Dove Fellowship, Buras, LA (9/14/05). o FCC granted an STA for silent authority to WTUL-FM, Tulane Educational Fund, New Orleans, LA (9/14/05). o FCC granted tolling pursuant to Section 73.3598(b)(1) via letter to American Family Association, extending the period to construct KSUL-FM, Port Sulphur, LA, by at least six months (9/14/05). o FCC granted 90 additional construction days via letter to Star Over Orlovista, permittee of WEUS(AM), Orlovista, FL (9/14/05). o FCC granted an STA for silent authority to WHNO-TV, CH 20, New Orleans, LA (9/13/05). o FCC sent a
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  • LA (9/15/05). o FCC granted an STA for silent authority to WDSU-TV and WDSU-DT, Hearst-Argyle Television, New Orleans, LA (9/15/05). o FCC granted an STA for silent authority to KMRL-FM, White Dove Fellowship, Buras, LA (9/14/05). o FCC granted an STA for silent authority to WTUL-FM, Tulane Educational Fund, New Orleans, LA (9/14/05). o FCC granted tolling pursuant to Section 73.3598(b)(1) via letter to American Family Association, extending the period to construct KSUL-FM, Port Sulphur, LA, by at least six months (9/14/05). o FCC granted 90 additional construction days via letter to Star Over Orlovista, permittee of WEUS(AM), Orlovista, FL (9/14/05). o FCC granted an STA for silent authority to WHNO-TV, CH 20, New Orleans, LA (9/13/05). o FCC sent a
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  • LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P AM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A CONSTRUCTION PERMIT APPLICATION FOR REVIEW KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BMAP-20001020AAT 1500 KHZ E Major modification to construction permit no.: BMP-19990609AC AUCTION 32 FILING 12/20/2001--73.3598(a) waived to the extent that permit expires 84 days after condition (ITU) on permit is resolved. Ltr action, ref. 1800B3-GDG. 1/11/2002--12/20/2001 and 1/8/2002 actions (stipulating 1/31/2002 expiration) RESCINDED, Request returned to pending status. Request then denied and Royce given to 4/25/2002 to construct. Ltr Action, Ref. 1800B3-IB. PETITION FOR RECONSIDERATION FILED 2/11/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Petition for Reconsideration
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  • FM STATION APPLICATIONS FOR AMENDMENT AMENDMENT RECEIVED KBBF 5310 BILINGUAL BROADCASTING FOUNDATION, INC. CA SANTA ROSA , CA BRED-20050729DLU 89.1 MHZ E Amendment filed 02/23/2006 AM STATION APPLICATIONS FOR CP TO REPLACE EXPIRED PERMIT APPLICATION FOR REVIEW KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BP-19970703DA 1500 KHZ P REPLACEMENT OF CP (BP-20111) REQUEST FOR WAIVER OF SECTION 73.3598 FILED 12/7/01 PETITION FOR RECONSIDERATION FILED 2/22/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Application for Review filed 2/22/06 by ("Royce") DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR DIGITAL FLASH CUT ACCEPTED FOR FILING K44HH 130000 TRINITY BROADCASTING NETWORK TX LUBBOCK , TX BDFCDTT-20060223AAD CHAN-44 E Minor change of callsign K44HH. K39GY 67932 TRINITY BROADCASTING NETWORK CA VICTORVILLE , CA BDFCDTT-20060223AAM CHAN-39
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  • NETWORK, INC. IL JACKSONVILLE , IL BALFT-20060317AFC 88.1 MHZ E Voluntary Assignment of License From: BIBLE BROADCASTING NETWORK, INC. To: FAMILY WORSHIP CENTER CHURCH, INC. Form 345 AM STATION APPLICATIONS FOR CP TO REPLACE EXPIRED PERMIT REPLY KIEV 57893 ROYCE INTERNATIONAL BROADCASTING COMPANY CA BURBANK , CA BP-19970703DA 1500 KHZ P REPLACEMENT OF CP (BP-20111) REQUEST FOR WAIVER OF SECTION 73.3598 FILED 12/7/01 PETITION FOR RECONSIDERATION FILED 2/22/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Application for Review filed 2/22/06 by ("Royce") Opposition to Application filed 3/2/06 by ("Ontario") Reply to Ontario's Opposition to Application for Review filed 3/14/06 by ("Royce") Page 2 of 26 Broadcast Applications 3/22/2006 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases
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  • replication or maximization requirements exactly, the Commission granted their waiver requests and extended their deadlines until February 17, 2009 � i.e. the end of the DTV transition. For the remaining 7 stations, the Commission denied their "use or lose" waiver requests and removed the interference protection to the unused portion of their associated coverage area. 20 47 C.F.R. �� 73.624(d), 73.3598. 21 Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, 19 FCC Rcd 18279 (2004) ("Second DTV Periodic"). 10 particularly difficult challenges in transitioning to digital. In addition, to the extent that standards associated with digital transmission, such as the ATSC standard, are amended over time to enable technical improvements and innovation, the Commission's
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  • Broadcasters inc FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT RECEIVED NEW 178017 MILLER COMMUNICATIONS, INC. SC LANE , SC BNPH-20080404ACR 95.5 MHZ E CP New Station. FM TRANSLATOR APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION DK266AU 155904 MAX T. NICHOLS MT WEST YELLOWSTONE , MT BNPFT-20030829AJX 101.1 MHZ E CP New Stn. Petition for Reconsideration , Waiver of Section 73.3598(e) of the Commission's Rules and Request for Immediate Grant of License Application CDBS20070920ACF filed 04/03/2008 by Max T. Nichols Page 19 of 20 Broadcast Applications 4/9/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26711 CALL LETTERSAPPLICANT AND LOCATION N A T
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  • Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26778 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P Major modification to construction permit no.: BMP-19990609AC AUCTION 32 FILING 12/20/2001--73.3598(a) waived to the extent that permit expires 84 days after condition (ITU) on permit is resolved. Ltr action, ref. 1800B3-GDG. 1/11/2002--12/20/2001 and 1/8/2002 actions (stipulating 1/31/2002 expiration) RESCINDED, Request returned to pending status. Request then denied and Royce given to 4/25/2002 to construct. Ltr Action, Ref. 1800B3-IB. PETITION FOR RECONSIDERATION FILED 2/11/02 BY ROYCE INTERNATIONAL BROADCASTING COMPANY Petition for Reconsideration
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  • CHAN-48 E AR Minor change of callsign K45EI. VICTORY COMMUNICATIONS, INC. K48LQ 70105 BDISTTL-20090622AFA AR , FORD CITY CHAN-53 E CA Minor change of callsign KSSY-LP. IGLESIA JESUCRISTO ES MI REFUGIO, INC. KSSY-LP 19734 BDISTTL-20090630ADN CA AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PERMIT CANCELLED , HIGHLAND 1200 KHZ E NY AM Auction 84 CP New Stn. Pursuant to Section 73.3598(a) exp date is changed to 10/16/2010 (18 months from consummation of assignment to eligible entity) Permit cancelled and call sign deleted per app's request on 10-19-2009. ( no letter sent) HAWKEYE COMMUNICATIONS, INC. DWJGK 160480 BNP-20041028AGQ NY Page 21 of 21
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  • Sullivan Opposition Filed 06/19/2009 by D & H Media LLC Reply Filed 07/20/2009 by Patrick M Sullivan Informal Objection denied by letter 12/31/2009 Application granted by letter 12/31/2009 Petition for Reconsideration Filed 02/01/2010 by Patrick M Sullivan Opposition Filed 02/17/2010 by D & H Media LLC Reply Filed 02/26/2010 by Patrick M Sullivan Permit expiration date tolled pursuant to Section 73.3598(b)(2). Motion to Strike Filed 04/12/2010 by D & H Media LLC FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING W217BN 87048FAMILY LIFE MINISTRIES, INC. PA WILKES-BARRE , PA BPFT-20100622AFG 89.1 MHZ E Minor change in licensed facilities, callsign W217BN. Page 6 of 8 Broadcast Applications 6/25/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington,
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  • REPORT NO.27296 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM TRANSLATOR APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED K266AU 155904MAX T. NICHOLS MT WEST YELLOWSTONE , MT BNPFT-20030829AJX 101.1 MHZ E CP New Stn. Petition for Reconsideration , Waiver of Section 73.3598(e) of the Commission's Rules and Request for Immediate Grant of License Application CDBS20070920ACF filed 04/03/2008 by Max T. Nichols Construction permit reinstated by letter dated 8/5/10;1800B3-MM K284BI 146573MAX T. NICHOLS WY ALPINE , WY BNPFT-20030829AKK 104.7 MHZ E CP New Stn. Petition for Reconsideration, Waiver of Section 73.3598(e) of the Commission's Rules and Request for Immediate Grant of License Application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307172A1.pdf
  • CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION WCOP 165957 FAMILY LIFE MINISTRIES, INC. PA FARMINGTON TOWNSHIP , PA BNPH-20060309ADZ 106.1 MHZ E CP New Station. Engineering Amendment filed 03/16/2006 FM Auction No. 62 Application Petition to Deny filed 4/3/2006 (SBI) Petition to Deny denied by letter dated 4/28/06 Petition for Reconsideration filed 5/19/06 by ("SBI") Expiration date adjusted to 12/28/2011 pursuant to 73.3598(a) to reflect additional 18 months upon acquisition by eligible entity. The permit acquired by the eligible entity remains subject to an earlier petition for reconsideration of the permit grant. 6/25/2010 "Request for Tolling" granted without letter to provide additional time by waiver on the basis of the pending reconsideration. Petition for Reconsideration denied by letter dated 6/3/11 FM STATION APPLICATIONS
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  • Informal Objection and is denied; Motion to Strike granted; and App granted 2/27/2009 by DA 09-524 Petition for Reconsideration Filed 03/19/2009 by World Revivals, Inc. Motion for Extension of Time to File A Response filed 3/30/09 by The New Jersey Public Broadcasting Authoirty Opposition Filed 04/10/2009 by The New Jersey Public Broadcasting Authority Reply Filed 04/15/2009 by World Revivals, Inc. PermitexpirationdateistolledpursuanttoSection73.3598(b)(2). Page 2 of 175 Broadcast Actions 9/30/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47583 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER
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  • NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.27586 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P Permit expiration date is tolled pursuant to Section 73.3598(b)(2). Motion to Compel Ruling on Pending Petition for Reconsideration & Reply Filed 9/9/2011 by World Revivals, Inc. Construction permit surrendered for cancellation per permittee's 8/15/2011 letter. Cancelled 8/17/2011. Petition for Reconsideration denied per Letter ref. 1800B3-SS on 09/30/2011. Page 13 of 53 Broadcast Applications 10/5/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases
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  • FOR ORIGINAL CONSTRUCTION PERMIT PERMIT CANCELLED , CASA GRANDE 650 KHZ E AZ CP New Stn. AUCTION 32 FILING Application dismissed 1/27/2005 per DA 05-178. Engineering Amendment filed 01/28/2005. Petition for Reconsideration filed 1/31/05 by Green Valley Broadcasting, Inc. Petition for Reconsideration granted and application reinstated nunc pro tunc 5/18/05. No letter sent. On 7/15/2008, effective date of new rule 73.3598(a), exp date adjusted at eligible assignee's request to give assignee 18 months from 7/7/2008 consummation. New expiration date is 1/7/2010. Request for tolling denied, permit declared exired as of July 6, 2011, per letter ref. 1800B3-SS on 09/30/2011 JENNIFER BECKMAN DNONE 129580 BNP-20001023ADB AZ Page 15 of 15
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  • NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.27597 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P Permit expiration date is tolled pursuant to Section 73.3598(b)(2). Motion to Compel Ruling on Pending Petition for Reconsideration & Reply Filed 9/9/2011 by World Revivals, Inc. Construction permit surrendered for cancellation per permittee's 8/15/2011 letter. Cancelled 8/17/2011. Petition for Reconsideration denied per Letter ref. 1800B3-SS on 09/30/2011. Application for Review Filed 10/13/2011 by WORLD REVIVALS, INC. Page 12 of 16 Broadcast Applications 10/21/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth
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  • REVIEW DNONE 129580JENNIFER BECKMAN AZ CASA GRANDE , AZ BNP-20001023ADB 650 KHZ E CP New Stn. AUCTION 32 FILING Application dismissed 1/27/2005 per DA 05-178. Engineering Amendment filed 01/28/2005. Petition for Reconsideration filed 1/31/05 by Green Valley Broadcasting, Inc. Petition for Reconsideration granted and application reinstated nunc pro tunc 5/18/05. No letter sent. On 7/15/2008, effective date of new rule 73.3598(a), exp date adjusted at eligible assignee's request to give assignee 18 months from 7/7/2008 consummation. New expiration date is 1/7/2010. Request for tolling denied, permit declared exired as of July 6, 2011, per letter ref. 1800B3-SS on 09/30/2011 Application for Review Filed 11/03/2011 by Jennifer Beckman Page 14 of 19 Broadcast Applications 11/8/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street
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  • is attached. See Appendix. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order, 13 FCC Rcd 6860, 6865 � 11 (1998). See id. The construction period for broadcast stations was extended from two to three years. See 47 C.F.R. � 73.3598(a), as amended by 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, MM Docket Nos. 98-43 and 94-149, Report and Order, 13 FCC Rcd 23056, 23090 � 83 (1998). We note that, in the DTV proceeding, the Commission has afforded broadcasters flexibility to achieve
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  • it a January 16, 2001 Application for Review and amendments thereto filed by Texas Grace Communications (``Texas Grace''), permittee of unbuilt broadcast station KRZB(FM), Archer City, Texas. Texas Grace seeks review of a December 14, 2000 letter decision denying reconsideration of the staff's October 20, 2000 denial of its request to ``toll'' the KRZB construction period. See 47 C.F.R. � 73.3598(b)(1). On January 23, 2001, Texas Grace filed a second pleading requesting that the Commission also issue an ``Emergency Stay'' to toll the KRZB construction period during the pendency of this proceeding and any appeal thereof. For the reasons detailed below, we will deny Texas Grace's Application for Review as well as its stay request. However, on our own motion we
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  • that originally proposed NTSC operations. Notice, 16 FCC Rcd at 7292 �� 25-26. There are 20 digital assignments on the ten television channels in the Upper 700 MHz Band. Id. at � 26 and n. 67. Id. at 7290 n. 55 � 21 (citing Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969 � 35). Id. 47 C.F.R. � 73.3598. At the time the Notice was adopted, the pending requests could have resulted in 57 additional NTSC stations. Notice, 16 FCC Rcd at 7291 � 24. Since then, the number of potential stations has been reduced because of the dismissal of several defective requests. New allotment petitions now account for 12 of the potential NTSC stations. See DTV Sixth Further
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  • BMPH-19981211JE). The request was granted by the staff on February 10, 1999, and the permit was to expire August 10, 1999. On October 30, 2000, the staff granted MCC's March 5, 1999 uncontested request that the expiration date for MCC's construction permit be tolled until the contested modification proceeding is completed, pursuant to the tolling provisions in 47 C.F.R. � 73.3598(b)(ii). See Letter from Linda Blair to Stephen Diaz Gavin, Esq., dated October 30, 2000 (Ref. 1800B3-GDG). See File No. BPH-19990407ID. This application seeks authorization to modify the WCHR-FM construction permit to relocate the station's facilities, eliminate grand-fathered short-spacing and increase power. The application was amended on June 2, 1999 to correct technical deficiencies. A Request for Special Temporary Authorization (``STA'')
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  • (rel. Oct. 24, 2000) (3650-3700 MHz First Report and Order). See supra para. 2. Maps showing the Grade B contours of all co-channel and adjacent channel TV stations on Channels 52-59 in the United States are set forth in Appendix B to this Notice. See Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969, � 35. 47 C.F.R. � 73.3598. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968 (1996) (DTV Sixth Further Notice). The adoption date of this Notice (July 25, 1996) was the last opportunity to file petitions to add analog channels to the TV Table of Allotments. The
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  • Commission issues a license which specifies the construction period set forth in the rule part governing the specific service. Licensees are to notify the Commission when operations commence, and licensees that fail to commence operations within the required construction period automatically forfeit their license. Stations operating under the broadcast auxiliary rules are subject to the construction requirements specified in Section 73.3598, which provide three years to construct stations from the date a construction permit is issued. However, a two step license mechanism of issuing a construction permit and a license subsequent to construction is not used for wireless services. Instead, the current practice is to issue a TV or aural BAS license with a requirement to construct a station within 18
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  • pursuant to new stricter standards that 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
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  • amended by removing and reserving paragraph (a)(3). � 73.3533 Application for construction permit or modification of construction permit. (a) * * * (3) [Reserved] * * * * * Section 73.3536 is amended by removing and reserving paragraph (b)(3). � 73.3536 Application for license to cover construction permit. (b) * * * (3) [Reserved] * * * * * Section 73.3598 is amended by revising paragraph (a) to read as follows: � 73.3598 Period of construction. (a) 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, or to make changes in such existing stations, shall specify a period of three years from
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  • Rulemaking, 13 FCC Rcd 374, 515-16 (1997). Additionally, Winstar's assertion that the 36-month construction period will run against it pending administrative or judicial review is incorrect. While we would issue a construction permit upon final payment, the period in which Winstar would be required to build its station would be tolled pending administrative or judicial review. See 47 C.F.R. � 73.3598(b)(ii). See Implementation of Section 309(j) of the Communications Act First Report and Order, 13 FCC Rcd 15920, 15952 (1998), on recon., 14 FCC Rcd 8724 (1999). 47 U.S.C. � 309(j) (3)(A); Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2375 (1994); Mountain Solutions LTD, Inc., 12 FCC Rcd 5904,
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  • hoc permittee temporizing. Accordingly, Birach's tolling arguments are untimely. Although the Commission has shown some leniency in the timing of waiver requests, Birach's waiver request is based on matters as much as three years old. We believe the better approach is to require permittees to file such requests as promptly as possible. A permittee that seeks waiver of a Section 73.3598 construction requirement should file its request as promptly as possible following the event upon which it bases its request, preferably within the same 30 day period afforded to tolling applicants. This also will help ensure permittee diligence. 9. Accordingly, IT IS ORDERED that the Application for Review filed by Birach Broadcasting Corporation IS DENIED. 10. IT IS FURTHER ORDERED that
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  • to the instant matter before the Commission. 47 C.F.R. � 74.903(b). Denial Letter at 1 (citing In the Matter of 62 Applications for Authority to Construct and Operate Multipoint Distribution Service Stations at 24 Transmitter Sites, Memorandum Opinion and Order, 10 FCC Rcd 11178, 11210 (1995)). See AFR at 3-4. Id. at 4. Id. See id. (citing Amendment of Section 73.3598 and Associated Rules Concerning the Construction of Broadcast Stations, Memorandum Opinion and Order, 102 FCC 2d 1054, 1055 n.4 (1985) (Broadcast Station Construction MO&O)). See Broadcast Station Construction MO&O, 102 FCC 2d at 1055 � 2. For example, the Broadcast Station Construction MO&O did not absolve ITFS permittees from timely filing applications for extensions of time to construct their stations.
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  • Construction Permits - Auction Rescheduled from February 21, 2001 to May 9, 2001,'' 16 FCC Rcd 928 (WTB/MMB 2001); Public Notice, ``Auction for FM Broadcast Construction Permits Postponed Until December 5, 2001,'' 16 FCC Rcd 5850 (WTB/MMB 2001); Public Notice, ``FM Auction No. 37 Postponed,'' 16 FCC Rcd 16479 (WTB/MMB 2001). 254 F.3d 226 (D.C. Cir. 2001). 47 C.F.R. � 73.3598. A ``backfill'' allotment is one specifically made to replace a station that is being re-allotted to a new community of license. See, e.g., Cheboygan, Rogers City, Bear Lake, Bellaire, Rapid River, Manistique, Ludington, Walhalla and Onaway, Michigan, 17 FCC Rcd 20491 (MB 2002). See 47 C.F.R. � 73.3517. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and
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  • stations also operate on limited budgets. Further, LPTV, TV translator and Class A stations have not been awarded channels for digital service, and many would be required to convert to digital service on their analog channels. These stations also will have been given less time than full-service stations to prepare for operations after the DTV transition ends. 47 C.F.R. � 73.3598. 47 C.F.R. �� 74.701 (i), 74.731 at subparagraphs (g) and (h) and 74.784 (d). Second DTV Period Review NPRM, paragraphs 99-106. Distributed transmission systems involve the operation of multiple highly synchronized transmitters. In that proceeding, the Commission sought comment on a range of issues for distributed systems including regulatory status, location and service area, power, interference protection and other technical
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  • leave to file an amicus curiae brief. See, e.g., Mobilemedia Corporation, 12 FCC Rcd 7927, 7930 (1997). MMTC Comments at 3. Id. at 5. Id. at 6-7. Abundant Life III, 17 FCC Rcd at 4008-09. Id. at 4008. See also Broadcast First Report and Order, 13 FCC Rcd at 15956, 15989; BDPCS, 12 FCC Rcd at 3235. 47 C.F.R. � 73.3598(b)(ii). 47 U.S.C. � 309(j)(3)(B). Broadcast First Report and Order, 13 FCC Rcd at 15993. Congress directed us, in prescribing regulations for competitive bidding, to promote economic opportunity for a wide variety of applicants, ``including small businesses, rural telephone companies, and businesses owned by members of minority groups and women.'' 47 U.S.C. � 309(j)(4)(C). Accord Amendment of Part 1 of the
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  • the Pembroke Permittees in their modification applications is not available. Id. at 4-5. The PFRs therefore conclude that the Pembroke Permittees were guilty of misrepresentation and lack of candor by filing their modification applications without first inquiring as to the availability of their proposed site. Id. at 5. Letter at 1. Id. Id. Id. at 2 (citing Amendment of Section 73.3598, 102 FCC 2d 1054, 1058 n.11 (1985)). Id. The Division declined to consider, as part of this proceeding, the allegations of misrepresentation and lack of candor raised by the Diocese and SCAD. Id. The Division noted that cancellation of the Pembroke Permits would not have resulted in the reinstatement of the Savannah applications. Id. The Division also noted that the
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  • 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, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • 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, the
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  • See Implementation of Sections 3(N) and 332 of the Communications Act Regulatory Treatment of Mobile Services, GN Docket 93-252, Second Report and Order, 9 FCC Rcd 1411, 1418; see also 47 CFR � 20.15 (2003). See 47 C.F.R. � 27.10(c). See NPRM, 18 FCC Rcd at 6798 �� 186 -188. See 47 C.F.R. �� 21.44, 21.303, 21.910, 21.932, 21.936, 73.3534, 73.3598, 74.932. 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. �� 21.903(d), 21.910. See 47 C.F.R. � 21.903(d), which provides that the notification must state whether there
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  • policies for licensing spectrum that the Commission has not reserved for the exclusive use of broadcast stations that provide or intend to provide noncommercial educational service (see In the Matter of Reexamination of the Comparative Standard For Noncommercial Educational Applicants, 18 FCC Rcd 6691 (2003)). However, a date for Broadcast Auction No. 37 has not been set. 47 C.F.R. � 73.3598. Pacific Petition at 4. This claim is undercut by Pacific's finding of a Refugio site as outlined in its February 11, 2004, STA request. Pacific Petition at 5 (alleging expense, impracticality of construction, and economic viability of any Refugio site). See, e.g., Letter to Brad C. Deutsch, Esq. (MB Apr. 19, 2002) (approving STA operation with ``a single-bay emergency antenna
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  • possible abuse by applicants, we will require that parties submitting a settlement agreement comply with the settlement limitations set forth in Section 311(c) of the Communications Act of 1934, as amended, and Section 73.3525 of the Commission's rules, including, inter alia, the reimbursement limitations. See 47 C.F.R. � 73.5002(d). See Notice, 18 FCC Rcd at 18410 citing 47 C.F.R. � 73.3598. See APTS/PBS Comments at 9; Joint Commenters Comments at 23; Parsons Comments at 15; San Bernardino County Comments at 3; KM Comments at 13; Commercial Reply Comments at 6-7. APTS/PBS Comments at 9. Id. KM Comments at 13. Commercial Reply Comments at 6-7. Commercial Reply Comments at 7. See 47 C.F.R. � 73.3598(b). See 47 C.F.R. � 73.624(d)(3). Joint Commenters
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  • provided one, extremely limited exception to this generally applicable principle of tolling. The exception was applicable to permittees that qualified for the ``bonus year,'' i.e., the additional year from December 20, 1999 to December 21, 2000. With respect to the bonus year, the Commission stated that ``concerning the additional time hereby granted, permittees may employ the tolling provisions [of Section 73.3598(b)] . . . .'' 10. We find that the case before us involves a permittee within that narrow bonus year/tolling class. KRI was eligible to receive the bonus year and experienced a qualified tolling event during that year. Specifically, beginning November 20, 2000, KRI became a party to an ``action pending before any court of competent jurisdiction relating to any
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  • the staff's grant of the 2000 License Application and, pursuant to Section 1.115(a) of the Commission's rules, we dismiss the Application for Review with respect to the staff's grant of KWKM's unopposed minor modification application to correct its tower coordinates. We also on our own motion, in light of the unique circumstances of this case, grant a waiver of Section 73.3598(e) of the Commission's rules to prevent forfeiture of the construction permit. In addition, we issue a Notice of Apparent Liability to KM for operating KWKM at variance from its authorized geographic coordinates in violation of Section 73.1350(a) of the Commission's rules. Background. On July 13, 2000, over the objections of CMA, the staff granted a modification application authorizing KM to
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  • to be sure that every location in a station's replication service area is within the PNLC of at least one proposed DTS transmitter. See MWG comments in MB Docket No. 03-15 at 17. Siete Grande comments in MB Docket No. 03-15 at 8-9. See WPSX/Penn State Reply in MB Docket No. 03-15 at 2. See 47 C.F.R. �� 73.624(d) and 73.3598. For example: 47 C.F.R. � 73.1690(b) requires a construction permit be granted before a new tower structure is built for broadcast purposes, or a station's geographic coordinates are changed or effective radiated power is increased; 47 C.F.R. � 73.3533 requires that a Form 301 be used by commercial broadcast stations seeking a construction permit and Form 340 be used by
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  • denied its requests for additional construction time. We dismiss Texas Grace's requests as untimely, for the reasons discussed below. I. BACKGROUND 2. Texas Grace received its initial permit to construct KRZB(FM) on October 7, 1996. In October 2001, the Commission denied Texas Grace's request for additional time to construct, finding that Texas Grace was not entitled to ``tolling'' under Section 73.3598(b) of the Commission's rules. The Commission clarified that tolling is appropriate only in the narrow circumstances enumerated in that rule section. It rejected a tolling claim based on health problems of Texas Grace's principal. It also found that KRZB's community of license change from Olney to Archer City, Texas did not create a new station entitled to a new construction
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  • Broadband Service (EBS) Station WLX557, Memphis, Tennessee. For the reasons stated below, we grant HITN's AFR in part, reinstate the Application, and direct the Wireless Telecommunications Bureau (Bureau) to reevaluate the Application pursuant to this Memorandum Opinion and Order. Background On April 29, 1992, the Commission granted HITN's application for a new EBS Station in Memphis, Tennessee. Pursuant to Section 73.3598(b) of the Commission's Rules, HITN had eighteen months, or until October 29, 1993, to construct the station. On October 25, 1993, HITN filed a request for an extension of the construction deadline, representing that Hampton Roads, an entity with which it had an agreement, would proceed with the construction. That application was granted on March 23, 1994, and HITN was
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  • filed by Birach Broadcasting Corporation on March 3, 2003, as supplemented on March 14, 2003, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary The call sign is listed in the Commission's database as ``DWIJR(AM)'' to reflect its deletion, as discussed infra, para. 3. See Birach Broadcasting Corp., 18 FCC Rcd 1414 (2003) (``Memorandum Opinion and Order''). 47 C.F.R. � 73.3598(a); Streamlining of Mass Media Applications, Rules, and Processes, 14 FCC Rcd 17525, 17541 (1999) (``Streamlining MO&O''). Specifically, radio permits may be tolled by administrative or judicial review of the grant of the subject permit, by court proceedings related to a necessary legal, state, or federal requirement, by natural disaster ``acts of God,'' or by failure of a Commission-imposed condition precedent.
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  • 2278. Id. Id. at 2279. Id. Letter from Harold Feld, Media Access Project, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 8, 2004) (``12/8/04 MAP Ex Parte''); 8/17/04 MAP Ex Parte, Attachment. See also Comments of Nick Ring, WBCR-LP, LPFM Forum (Feb. 8, 2005) (open microphone for comments from audience). 8/17/04 MAP Ex Parte, Attachment. See 47 C.F.R. � 73.3598; 1998 Biennial Regulatory Review-Streamlining of Mass Media Applications, Rules, and Processes, 14 FCC Rcd 17525, 17540 (1999) (``Streamlining Order''). In the Streamlining Order, we stated that only in the case of ``rare and exceptional circumstances'' would we ``entertain requests for waiver of our strict tolling provisions.'' Id. at 17541. See 47 C.F.R. � 73.3598. UCC 2001 Petition at 7. Report
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  • respect to stations located outside Alaska, an exception not applicable here. See Application for Review at 12. See 47 C.F.R. � 73.1125. See 47 C.F.R. �73.1020. See 47 C.F.R. � 73.3580(4)(i) and (ii). See 47 C.F.R. � 73.3526. We contemplate consideration of any request for additional construction time only for circumstances that meet the tolling requirements in 47 C.F.R. � 73.3598(b). VISC should be aware that an authorization to modify a construction permit bears the same completion deadline as the underlying construction permit; no additional time is provided by the modification. See Streamlining R&O, 13 FCC Rcd at 23090. Therefore, VISC should take all preliminary steps at the earliest date possible to ensure that all construction in Vieques can be completed
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  • Location(s) in Record: MMTC 2003 Comments, pp. 112-115 (originally a petition for rulemaking filed by Entravision Holdings LLC, RM-9567 (filed March 10, 1998)) Nature of Item: Formal rulemaking proposal Summary of Item: In 1998, Entravision submitted a petition for rulemaking which sought to revise the construction permit expiration standard established pursuant to 47 U.S.C. ��319(a)-(b) and implemented in 47 C.F.R. �73.3598. Entravision proposed that the Commission allow holders of expiring construction permits to sell them to entities in which minorities own at least 20% of the equity, or to entities which commit to serve the programming needs of minority or foreign language groups for at least 80% of their operating time. MMTC proposed a modification of Entravision's concept to make it
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  • rules and policies regarding settlements, including the requirements of Sections73.3525, 73.3588, and 73.3589. Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. 8. Section 73.3598 is amended by revising paragraph (a) to read as follows: � 73.3598 Period of Construction. (a) 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; FM booster station; or to make changes in such existing stations, shall specify a period of three years from
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  • take today to diversify broadcast ownership. As described below, we believe that the measures we adopt today will be effective in creating new opportunities for broadcast ownership by a variety of small businesses and new entrants, including those owned by women and minorities. Actions to Expand Opportunities for Eligible Entities Revision of Rules Regarding Construction Permit Deadlines We revise Section 73.3598 of the Commission's Rules (the ``Rules'') to afford eligible entities that acquire an expiring construction permit additional time to build out the facility. Specifically, we allow eligible entities the time remaining on the original construction permit or 18 months, whichever is greater. This revision is intended to foster diversity of ownership by providing eligible entities with additional market entry opportunities.
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  • [Section V.B.3., infra, and revised Rule 47 C.F.R. � 73.624(d)(1)(vii) in Appendix B.] We establish stricter standards for granting extensions of time to construct digital facilities for all construction deadlines on or before February 17, 2009. In addition, for construction deadlines occurring February 18, 2009 or later, we will consider such requests under the tolling standard set forth in Section 73.3598(b) of the rules. We adopt our revised FCC Form 337, as proposed. [Section V.B.5., infra, revised Rule 47 C.F.R. � 73.624(d)(3) in Appendix B and changes to FCC Form 337 in Appendix C.] We adopt FCC Form 387 and require all full-power television stations to file it by February 18, 2008, detailing their current transition status, additional steps necessary for
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  • believe requests for additional time to construct should be treated as we now treat such requests for all analog stations and DTV singletons. Specifically, for all requests for additional time to construct DTV facilities for construction deadlines occurring February 17, 2009 or later, we tentatively conclude that we will consider such requests under the tolling standard set forth in Section 73.3598(b) of our rules, which currently applies to DTV singletons and analog TV stations, as well as AM, FM, International Broadcast, low power TV, TV translator, TV booster, FM translator, FM booster, and LPFM stations. Section 73.3598 provides that the period of construction for an original construction permit shall toll when construction is prevented due to an act of God (e.g.,
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  • and dismiss its Opposition to JNE's Petition for Reconsideration. B. Substantive Issues 15. Tolling. The primary substantive question in JNE's Application for Review is whether the 2004 Litigation should have triggered tolling of the three-year construction period for KSDG(AM). JNE argues that tolling is mandatory for any zoning-related litigation, including the 2004 Litigation. We disagree. With respect to litigation, Section 73.3598(b) establishes a threshold test: the litigation must arise from circumstances ``not under the control of the permittee.'' Additionally, where, as here, the litigation does not relate to ``the grant of the permit,'' the litigation must: (1) be pending before ``any court of competent jurisdiction;'' (2) relate to ``any necessary local, state, or federal requirement for the construction or operation of
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  • KBLA(AM). That possibility did not materialize. Royce has since reported that, following unsuccessful attempts to use several other sites, it obtained reasonable assurance from the City of Glendale, California, on February 15, 2006, to use a municipally owned site in Scholl Canyon. Such post-construction deadline efforts, however, warrant neither a waiver of the Commission's procedural rules nor of the Section 73.3598-mandated construction deadlines. We conclude that the KIEV(AM) permit expired under its own terms on April 25, 2002, as a result of the Bureau's denial of Royce's request for additional construction time and Royce's failure either to file a timely Application for Review of that ruling or to construct within the time allotted. Having resolved this case procedurally, we need not
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  • provides sufficient constructive notice to enable timely participation. See Northwest Broadcasting, Inc., Memorandum Opinion and Order, 6 Comm. Reg. (P&F) 685 (1997). See 47 C.F.R. � 1.106(e) (requirements for petitions for reconsideration alleging electrical interference). See 47 C.F.R. � 73.1692. See Tolling Decision, supra note 4. The Tolling Decision did not address the issue of timeliness. See 47 C.F.R. � 73.3598(b)(ii). See 47 C.F.R. � 73.3598(c) (emphasis added). See also Streamlining of Mass Media Applications, Rules, and Processes, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17542 (1999). Similarly, the Commission has stated that a tolling request that does not contain all required information will be rejected although the permittee might otherwise have qualified for tolling. Id. at 17542, n.60. Birach
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  • January 18, 2008 By the Commission: I. BACKGROUND 1. The Commission has before it an Application for Review filed by Cram Communications, LLC (``Cram''), permittee of unbuilt broadcast station WVOA(AM), DeWitt, New York. Cram seeks review of a September 24, 2004, staff decision (``Staff Decision'') which denied, in part, its request to ``toll'' the station's construction period pursuant to Section 73.3598(b) of the Commission's Rules (the ``Rules''). For the reasons set forth below, we deny the Application for Review. 2. On January 16, 2002, the staff granted a permit authorizing Cram to construct a new AM station, WVOA(AM). The permit specified a construction deadline of January 16, 2005. The permit also specified two transmitter sites, one for daytime operations (the ``Wolf
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  • new site free from zoning difficulties.'' Streamlining Report & Order, 13 FCC Rcd at 23091. The three-year construction period is only ``tolled'' for certain limited encumbrances: acts of God, administrative and judicial review of a permit grant, failure of a condition precedent on the permit, or judicial action related to necessary local, state, or federal requirements. See 47 C.F.R. � 73.3598(b). File No. BMP-970829AA. See February 9, 1999, Staff Decision, supra n. 12. On review, SRC reiterates that Royce's major modification application for KIOQ(AM) should have been dismissed due to violation of the Commission's inconsistent application rule. Specifically, SRC argues that Royce's 1997 application to modify the KIOQ(AM) construction permit conflicted with its 1996 KIOQ(AM) modification application (File No. BMP-960907AA), which
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  • TV Broadcast Bands). See, e.g., 47 C.F.R. �� 74.703, 74.709, 90.303. See 47 C.F.R. � 73.3540(e). See 47 C.F.R. � 73.3572(a)(2). See 47 C.F.R. � 1.1102. See 47 C.F.R. � 73.3572(a). See 47 C.F.R. � 74.735. See 47 C.F.R. � 74.736. See 47 C.F.R � 74.791. See 47 C.F.R. � 74.734. See 47 C.F.R. � 74.763. See 47 C.F.R. � 73.3598. We delegate to the Media Bureau authority to announce the exact date that applications for replacement translator stations will begin to be accepted and the interim procedures and policies that will be applied to such filings. Any applications filed on or before the effective date of any rules adopted in this proceeding will be treated as if they were filed
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  • filed by KSBN Radio, Inc. IS DISMISSED to the extent indicated herein and DENIED in all other respects. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Petition for Reconsideration of KSBN Radio, Inc. (Nov. 3, 2004). See KSBN Radio, Inc., Memorandum Opinion and Order, 19 FCC Rcd 20162 (2004) (``Decision''). Id. at 20163. Id. at 20166. See also 47 C.F.R. � 73.3598(b)(ii). See 47 C.F.R. � 1.106(b)(2). See 47 C.F.R. � 1.106(b)(3). See 47 C.F.R. � 1.106(c). 47 C.F.R. � 73.1690(b)(1). Petition at 2 (emphasis in original); See Decision, 19 FCC Rcd at 20163, note 10. Petition at 3. See Decision at 20167, note 39 (citing 47 U.S.C. �� 301 and 319(c); 47 C.F.R. � 73.33(b)). Id. at 20163, note 10. KRI's
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  • which it relied. As noted above, the Commission's rules require that requests for tolling be filed within 30 days of the event upon which the request is based. The May Decision therefore correctly concluded that the WDMV(AM) permit was not eligible for tolling treatment or construction period waiver. 10. We reject Birach's contention that the timely notification requirement in Section 73.3598(c) of the Rules is inapplicable to events which, like New World's reconsideration filing, occur as the result of proceedings before the Commission. In establishing the requirement of timely notification, the Commission did not limit the rule to matters outside of the agency. Indeed, the Commission specifically required notification of the commencement and termination of administrative review, which by definition is
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  • More specifically, the Commission required stations with a construction deadline on or before February 17, 2009 to apply for an extension under the revised extension request standard in Section 73.624(d)(3) of the rules and required stations with a construction deadline occurring February 18, 2009 or later to seek an extension under the even stricter tolling standard set forth in Section 73.3598(b) of the rules. In the First DTV Delay Order, we extended until June 12, 2009 (the new transition deadline) the construction deadline for stations with a deadline of February 17, 2009 (the previous transition deadline). We now revise Section 73.624(d)(1)(vii) of the rules to reflect this change. Accordingly, these stations must complete construction of their digital facility no later than
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  • for stations that obtained STAs through the phased transition provisions of the Third DTV Periodic Report and Order because, in many cases, we found these STAs were granted to address construction impediments due to weather-related concerns. Finally, we noted in the Omnibus Order that, to the extent additional time is needed by phased transition stations, they must comply with Section 73.3598(b) tolling standard established in the Third DTV Periodic Report and Order. We note that stations with the first type of a phased transition STA (i.e., to temporarily remain on their pre-transition DTV channel) are already permitted to seek Commission approval for extensions up until February 17, 2010, provided the station continues to satisfy the conditions for this STA. We will
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  • process must be both fair and consistent,'' and maintaining the integrity of the auctions process benefits all applicants). While the Larga Vista AFR is partially styled as a request for ``emergency tolling,'' such relief is unavailable here. The term ``tolling'' refers to suspension of the construction period for a station, not a delay in filing an application. 47 C.F.R. � 73.3598(b). In any event, it is well established that tolling is only available to an applicant involved in administrative review that is beyond its control, i.e., brought by a third party, not to an applicant that has itself prolonged administrative proceedings by seeking review of a staff or Commission action. See, e.g., Birach Broadcasting Corp., Memorandum Opinion and Order, 23 FCC
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  • indicating that classes have been offered at a local campus for the preceding two years. See Procedures Notice, 22 FCC Rcd at 15052-53. Id. See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 10-29 (released February 16, 2010). See also 47 C.F.R. � 73.3598(a) (three-year construction period for FM stations). See 47 C.F.R. � 73.860(a); see also Comparative Consideration of 32 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 10-69 (released April 26, 2010). An exception to the LPFM cross-ownership rule, applicable to broadcast interests held prior to initial operations of
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  • and is dismissed. 8. Moreover, even were we to consider the AFR on its merits, we would reject JFB's claims. We concur in the Bureau's reasoning in treating the tolling request as one for waiver of the three-year construction deadline, and agree with the Bureau that JFB does not plead any of the grounds for tolling set forth in Section 73.3598(b) of our Rules, nor does he set forth ``special circumstances'' justifying waiver of the three-year construction period. Moreover, as noted above, events subsequent to JFB's filing the AFR have only underscored the correctness of the Staff Decision. For the reasons set forth in both the Staff Decision and the Fireside Reconsideration Order, we reject the major premises underlying JFB's claim
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  • governing board, and course brochures indicating that classes have been offered at a local campus for the preceding two years, etc. See Procedures Notice, 22 FCC Rcd at 15052-53. Id. See 47 C.F.R. � 73.860(a) (prohibiting an LPFM station from holding an attributable interest in any non-LPFM broadcast authorization). See NCE Omnibus, 22 FCC Rcd at 6120. See id. � 73.3598(a) (three-year construction period for FM stations). See id. � 73.860(a). An exception to the LPFM cross-ownership rule, applicable to broadcast interests held prior to initial operations of an LPFM station, contains a similar timing provision. See id. � 73.860(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were
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  • indicating that classes have been offered at a local campus for the preceding two years, etc. See Procedures Notice 22 FCC Rcd at 15052-53. Id. See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 25 FCC Rcd 1681 (2010). See also 47 C.F.R. � 73.3598(a) (three-year construction period for FM stations). See 47 C.F.R. � 73.860(a). An exception to the LPFM cross-ownership rule, applicable to broadcast interests held prior to initial operations of an LPFM station, contains a similar timing provision. See id. � 73.860(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services
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  • digital construction permits to March 1, 2016. Although we will grant ``last-minute'' extensions based on appropriate showings, all stations must cease operating their analog facilities on September 1, 2015. Finally, after May 1, 2015, we will no longer permit stations to file applications for extension of their digital construction permits. Instead, we will begin applying the tolling standards in Section 73.3598 of the Commission's rules to all new and pending low power television digital construction permits. We believe that these provisions will ensure that stations have ample time to complete construction of their digital facilities leading up to the September 1, 2015 deadline while ensuring a successful transition to digital. We conclude that fairness dictates that stations with outstanding digital construction
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  • Further Notice of Proposed Rule Making, 22 FCC Rcd 15581, App. A (2007). June 15, 2009 Requests at 3. The original construction permit for a newly authorized television facility specifies a period of three years from the date of issuance of the original construction permit within which construction must be completed and an application for license filed. 47 C.F.R. � 73.3598(a). Bureau Decision, 24 FCC Rcd at 14590. Id. at 14591. Id. at 14591-92. Id. at 14592-93. Id. at 14593-94. Id. at 14594-95. In the Matter of Amendment of Section 73.622(i), Post-Transition Table of DTV Allotments (Seaford, Delaware), Report and Order, 24 FCC Rcd 4466 (Vid. Div. 2010), petition for reconsideration pending; In the Matter of Amendment of Section 73.622(i), Post-Transition
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  • filed an application for modification of license to upgrade its station WBBN(FM), Taylorsville, Mississippi (the ``BCI Application'') from Channel 240C2 to Channel 240C1. The BCI Application conflicts with the WRKH Upgrade Application. On June 15, 2005, CCBL filed the License Application. 3. On June 24, 2005, BCI filed a Petition to Dismiss the License Application. It argued that under Section 73.3598(e) of the Commission's Rules (the ``Rules''), CCBL forfeited the Construction Permit by failing to timely file the License Application. In Opposition, CCBL contended that the License Application was timely because Section 73.1620(a)(1) allows permittees 10 days from the start of program tests to file a covering license application, and therefore, license application preparation was a Commission-recognized ``encumbrance'' that tolled expiration
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  • than electronically. The staff may have believed from the electronic record that only one amendment had been filed and that it had already been considered. The nominal expiration date of Lincoln's construction permit was June 19, 2010. However, Lincoln requested and received tolling of the expiration date based on the instant review of the permit grant. See 47 C.F.R. � 73.3598(b)(2). We thus reject Wisconsin Board's July 9, 2010, motion which claims that Lincoln's permit expired on June 19, 2010, and that Wisconsin Board's application should be considered as the only remaining proposal. AFA's application was granted on December 18, 2007, and the station is now licensed and operating as WWEN(FM). As a result, a single group is sometimes broken in
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  • (rel. Oct. 24, 2000) (3650-3700 MHz First Report and Order). See supra para. 2. Maps showing the Grade B contours of all co-channel and adjacent channel TV stations on Channels 52-59 in the United States are set forth in Appendix B to this Notice. See Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969, � 35. 47 C.F.R. � 73.3598. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968 (1996) (DTV Sixth Further Notice). The adoption date of this Notice (July 25, 1996) was the last opportunity to file petitions to add analog channels to the TV Table of Allotments. The
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • a new facility or for a modification of a licensed station, the Commission issues a construction permit for either 24 months (for full power TV) or 18 months (for AM, FM, International Broadcast, low power TV, TV translator, TV booster, FM translator, FM booster, broadcast auxiliary, or Instructional TV Fixed station Federal Communications Commission FCC 98-57 71 47 C.F.R. � 73.3598(a)-(b). Although the construction period for ITFS is set forth in Section 73.3598, ITFS is a point-to-point microwave (non-broadcast) service and is therefore outside the scope of the proposals contained in this Mass Media streamlining initiative. 72 See 47 U.S.C. � 319(b). Our rule implementing � 319(b) provides that a construction permit "shall be declared forfeited if the station is not
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • appropriate. The staff will also allow 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'
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and rapid deployment of new technologies and services. . ." 47 U.S.C. � 309(j)(4)(B). 54 Part 27 Report and Order, 12 FCC Rcd at 10844 (para. 113). 55 Part 27 Report and Order, 12 FCC Rcd at 10843 (para. 112). 56 See Section 73.3598 of the Commission's Rules, 47 C.F.R. � 73.3598; 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, MM Docket No. 98-43, Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, MM Docket No. 94-149, Report and Order, 13 FCC Rcd 23056, 23087-93 (paras. 77-90) (1998). 57 Part 27 Report and Order at 10844-45
• http://transition.fcc.gov/fcc-bin/audio/DA-10-2236A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-10-2236A1.pdf
  • separation and city-grade coverage requirements); Pinckneyville, Illinois, Report and Order, 41 R.R. 2d 69 (MMB 1977) (deleting FM allotment ``erroneously made'' because of lack of availability of a transmitter site that meets spacing and city-grade coverage requirements). Connoisseur's construction permit, File No. BMPH-20061019AAM, was set to expire on March 18, 2008, but the staff granted Connoisseur a waiver of Section 73.3598(a) of the Commission's Rules, which establishes a three-year construction period. See Letter to David Oxenford, Ref. 1800B3-IB (Jan. 28, 2008). At that time, three months, twelve days remained in the station's construction permit. This remaining time is now moot in view of the deletion of the allotment and Connoisseur's construction permit. Although the NPRM proposed the deletion of Channel 299C2,
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • of any judicial review; proposed site/community change is not beyond permittee's control. October 26, 2001 Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station KRZB(FM), Archer City, Texas MO&O, FCC 01-317, 16 FCC Rcd 19167, released October 26, 2001 [ [533]PDF | [534]Word ] Clarification to permittees that only the circumstances explicitly listed in [535]47 CFR Section 73.3598 and decisions will toll a construction permit (see paragraph 10). April 12, 2001 Tolling Request of WREL-FM, Buena Vista, VA Letter, dated April 12, 2001 [ [536]Word ]. Short tolling period granted due to "failure of a Commission-imposed condition." April 9, 2001 Tolling Request for a NEW station, Brookline, MO Letter, dated April 9, 2001 [ [537]Word ]. Tolling granted
• http://transition.fcc.gov/fcc-bin/audio/infoCP.html
  • date may be shown on the new authorization. In this case, the expiration date of the original BPH- or BPED- construction permit remains in effect for the modification permit. Before this date has passed, construction MUST be completed and a license application electronically filed to cover this permit unless the construction period has been approved for tolling. See [13]47 CFR 73.3598(b). Please be aware that the filing of a modification application (see section below) will not extend the expiration date of a construction permit. Similarly, the filing of a petition for rulemaking to change an allotment in the FM commercial band will not extend the expiration date of a construction permit. Once a license application is electronically filed to cover a
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • of any judicial review; proposed site/community change is not beyond permittee's control. October 26, 2001 Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station KRZB(FM), Archer City, Texas MO&O, FCC 01-317, 16 FCC Rcd 19167, released October 26, 2001 [ [533]PDF | [534]Word ] Clarification to permittees that only the circumstances explicitly listed in [535]47 CFR Section 73.3598 and decisions will toll a construction permit (see paragraph 10). April 12, 2001 Tolling Request of WREL-FM, Buena Vista, VA Letter, dated April 12, 2001 [ [536]Word ]. Short tolling period granted due to "failure of a Commission-imposed condition." April 9, 2001 Tolling Request for a NEW station, Brookline, MO Letter, dated April 9, 2001 [ [537]Word ]. Tolling granted
• http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
  • ]. Consent decree: [ [700]PDF | [701]Word ]. Consent decree adopted and assignment granted, with conditions. October 30, 2009 Three Eagles of Lincoln, Inc., re expired construction permit for KXFT (FM), Manson, IA, Letter, DA 09-2360, released October 30, 2009. [ [702]PDF | [703]Word ]. Petition for reconsideration dismissed as procedurally defective, but when treated as a waiver of Section 73.3598 is granted, and construction permit reinstated and license application granted. October 30, 2009 Great Lakes Community Broadcasting, Inc. and Great Lakes Broadcast Academy, Inc., Memorandum Opinion and Order (MO&O), DA 09-2361, released October 30, 2009. [ [704]PDF | [705]Word ]. Denied reconsideration of an order holding that authorizations for several FM and FM translator stations expired by operation of law.
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • of any judicial review; proposed site/community change is not beyond permittee's control. October 26, 2001 Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station KRZB(FM), Archer City, Texas MO&O, FCC 01-317, 16 FCC Rcd 19167, released October 26, 2001 [ [533]PDF | [534]Word ] Clarification to permittees that only the circumstances explicitly listed in [535]47 CFR Section 73.3598 and decisions will toll a construction permit (see paragraph 10). April 12, 2001 Tolling Request of WREL-FM, Buena Vista, VA Letter, dated April 12, 2001 [ [536]Word ]. Short tolling period granted due to "failure of a Commission-imposed condition." April 9, 2001 Tolling Request for a NEW station, Brookline, MO Letter, dated April 9, 2001 [ [537]Word ]. Tolling granted
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • in broadcast auctions will, consistent with existing broadcast licensing procedures, be awarded a construction permit, rather than a "license." As currently required, winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. See 47 C.F.R. � 73.3598. We will retain this broadcast licensing procedure in the auction context, because it comports with the requirements of Section 319 of the Communications Act and has functioned well in the non-auction context. We also note that, 99 given the requirements of Section 319, broadcast auction winners, unlike winning bidders in some other auctionable services, will not be permitted to construct
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • in broadcast auctions will, consistent with existing broadcast licensing procedures, be awarded a construction permit, rather than a "license." As currently required, winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. See 47 C.F.R. � 73.3598. We will retain this broadcast licensing procedure in the auction context, because it comports with the requirements of Section 319 of the Communications Act and has functioned well in the non-auction context. We also note that, 99 given the requirements of Section 319, broadcast auction winners, unlike winning bidders in some other auctionable services, will not be permitted to construct
• http://wireless.fcc.gov/auctions/31/releases/fc010258.doc http://wireless.fcc.gov/auctions/31/releases/fc010258.pdf http://wireless.fcc.gov/auctions/31/releases/fc010258.txt
  • is attached. See Appendix. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order, 13 FCC Rcd 6860, 6865 � 11 (1998). See id. The construction period for broadcast stations was extended from two to three years. See 47 C.F.R. � 73.3598(a), as amended by 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, MM Docket Nos. 98-43 and 94-149, Report and Order, 13 FCC Rcd 23056, 23090 � 83 (1998). We note that, in the DTV proceeding, the Commission has afforded broadcasters flexibility to achieve
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • Further Notice, in order to accommodate parties who were in the process of preparing applications, the Commission established a final opportunity for the filing of new applications for analog stations for vacant allotments.117 112 Id. at 7290 n. 55 � 21 (citing Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969 � 35). 113 Id. 114 47 C.F.R. � 73.3598. 115 At the time the Notice was adopted, the pending requests could have resulted in 57 additional NTSC stations. Notice, 16 FCC Rcd at 7291 � 24. Since then, the number of potential stations has been reduced because of the dismissal of several defective requests. 116 New allotment petitions now account for 12 of the potential NTSC stations. 117 See
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=28
  • by competitive bidding. (See 47 C.F.R section 74.1203a & b). License Period A winning bidder is awarded a construction permit, rather than a "license." A winning bidder is required, within a specified time period, to construct its facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. (See 47 C.F.R. 73.3598) Licenses are issued for an eight-year term. New Entrant Bidding Credit A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: * A 35 percent
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=32
  • channel in the AM broadcast band. Construction Requirements and License Period The winning bidders are awarded construction permits, rather than a "license." Each original construction permit for the construction of a new AM station shall specify a period of three years from the date of issuance within which construction must be completed and application for license filed. (See 47 C.F.R. 73.3598). Licenses are issued for an eight-year term. (See 47 C.F.R. 73.1020(a)).. New Entrant Bidding Credit An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R.
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=37
  • than the short-form filing deadline (See "Key Dates"). License Period A winning bidder will be awarded a construction permit, rather than a "license." Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. (See 47 C.F.R. 73.3598) Licenses will be issued for an eight-year term. [53]Return to Top Arrow Return To Top Last reviewed/updated on 10/23/2007 [54]FCC Home [55]Search [56]RSS [57]Updates [58]E-Filing [59]Initiatives [60]Consumers [61]Find People General Auctions Information [62]Licensing, Technical Support and Website Issues [63]Auctions Contact Information - [64]Forgot Your Password? - [65]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=54
  • than 30 seconds per hour and/or operates a subscription service. License Period A winning bidder is awarded a construction permit, rather than a "license." A winning bidder is required, within a specified time period, to construct its facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See 47 C.F.R. 73.3598) Licenses are issued for an eight-year term. Incumbents Upon submission of its long-form application (FCC Form 301), the winning bidders for the television construction permits will have to provide interference protection to qualified Class A television stations. Potential bidders for the television construction permits are also reminded that full service television stations are in the process of converting from analog
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=62
  • intended to be received by the general public. License Period A winning bidder will be awarded a construction permit, rather than a license. Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see 47 C.F.R. 73.3598). Licenses will be issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 05-1598. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=64
  • Attachment A of Public Notice [52]DA 05-2987. License Period and Construction Requirements A winning bidder is awarded a construction permit, rather than a license. A winning bidder is required, within a specified time period, to construct its facility and file an application for a license to cover construction permits to obtain a license for the constructed facility. (See 47 C.F.R. 73.3598) Licenses are issued for an eight-year term. New Entrant Bidding Credits A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 05-2987. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=68
  • of radiotelephone emissions intended to be received by the general public. License Period A winning bidder is awarded a construction permit, rather than a license. Winning bidders are required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see 47 C.F.R. 73.3598). Licenses are issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit was available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 06-1949. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=70
  • intended to be received by the general public. License Period A winning bidder will be awarded a construction permit, rather than a license. Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see [56]47 C.F.R. 73.3598). Licenses will be issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice [57]DA 06-2248. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=79
  • intended to be received by the general public. License Period A winning bidder will be awarded a construction permit, rather than a license. Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see [55]47 C.F.R. 73.3598). Licenses will be issued for an eight-year term. New Entrant Bidding Credits A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 09-810 ([56]pdf). Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=80
  • aural signals intended to be received by the general public. Permit Period The winning bidder is awarded a construction permit, rather than a "license." The Winning bidder is required, within a specified time period, to construct their facility and file an application for a "license to cover construction permit" to obtain a license for the constructed facility. (See 47 C.F.R. 73.3598) The license is issued for an eight-year term. Incumbents The winning bidder is required to provide interference protection to qualified Class A television stations. New Entrant Bidding Credits An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=81
  • to the general public. License Period A winning bidder, if its long-form application is granted, is awarded a construction permit, rather than a "license." A winning bidder is required, within a specified time period, to construct its facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See 47 C.F.R. 73.3598.) Licenses are issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit was available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA 05-1337. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount by which a bidder's
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=82
  • and aural signals intended to be received by the general public. License Period The winning bidders are awarded construction permits, rather than a "license." The winning bidders are required, within a specified time period, to construct their facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See 47 C.F.R. 73.3598) The license is issued for an eight-year term. Incumbents Winning bidders are required to provide interference protection to qualified Class A television stations. Full service television stations are in the process of converting from analog to digital operation and stations may have pending applications to construct and operate digital television facilities, construction permits and/or licenses for such digital facilities. Bidders
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=85
  • the general public. License Period and Construction Requirements A winning bidder, if its long-form application is granted, is awarded a construction permit, rather than a "license." A winning bidder is required, within 36 months to construct its facility and file an application for a "license to cover construction permits" to obtain a license for the constructed facility. (See [57]47 C.F.R. 73.3598.) Initial licenses will be issued for a period running until the expiration date specified in section [58]73.1020 of the Commission rules for the state in which the proposal is located. New Entrant Bidding Credits A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for New Entrant Bidding Credit are specified in Public Notice DA
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=88
  • a channel in the AM broadcast band. License Period and Construction Requirements A winning bidder will be awarded a construction permit, rather than a license. Each construction permit for the construction of a new AM, FM or FM translator station specifies a period of three years within which construction must be completed and a license application filed. See [57]47 C.F.R. 73.3598. Radio station licenses are issued for eight year terms. New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 10-524. Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=90
  • intended to be received by the general public. License Period and Construction Requirements A winning bidder will be awarded a construction permit, rather than a license. Each construction permit for the construction of a new VHF commercial digital television station specifies a period of three years within which construction must be completed and a license application filed. See [53]47 C.F.R. 73.3598. Broadcast station licenses are issued for eight year terms. See [54]47 C.F.R. 73.1020(a). New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. See [55]47 C.F.R. 73.5007(a). Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 10-2008 ([56]pdf) and [57]Section 73.5007 of the Commissions Rules. Applicants that qualify
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=91
  • intended to be received by the general public. License Period A winning bidder will be awarded a construction permit, rather than a license. Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see [57]47 C.F.R. 73.3598). Licenses will be issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 10-2253 ([58]pdf). Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=93
  • intended to be received by the general public. License Period A winning bidder will be awarded a construction permit, rather than a license. Winning bidders will then be required, within a specified time period, to construct their facilities and file an application for a license to cover construction permit to obtain a license for the constructed facilities (see [56]47 C.F.R. 73.3598). Licenses will be issued for an eight-year term. New Entrant Bidding Credit A New Entrant Bidding Credit will be available for this auction. Eligibility and application requirements for the New Entrant Bidding Credit are specified in Public Notice DA 11-1845 ([57]pdf). Applicants that qualify for the New Entrant Bidding Credit are eligible for a bidding credit that represents the amount
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • (rel. Oct. 24, 2000) (3650-3700 MHz First Report and Order). See supra para. 2. Maps showing the Grade B contours of all co-channel and adjacent channel TV stations on Channels 52-59 in the United States are set forth in Appendix B to this Notice. See Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22969, � 35. 47 C.F.R. � 73.3598. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MM Docket No. 87-268, Sixth Further Notice of Proposed Rule Making, 11 FCC Rcd 10968 (1996) (DTV Sixth Further Notice). The adoption date of this Notice (July 25, 1996) was the last opportunity to file petitions to add analog channels to the TV Table of Allotments. The
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • a new facility or for a modification of a licensed station, the Commission issues a construction permit for either 24 months (for full power TV) or 18 months (for AM, FM, International Broadcast, low power TV, TV translator, TV booster, FM translator, FM booster, broadcast auxiliary, or Instructional TV Fixed station Federal Communications Commission FCC 98-57 71 47 C.F.R. � 73.3598(a)-(b). Although the construction period for ITFS is set forth in Section 73.3598, ITFS is a point-to-point microwave (non-broadcast) service and is therefore outside the scope of the proposals contained in this Mass Media streamlining initiative. 72 See 47 U.S.C. � 319(b). Our rule implementing � 319(b) provides that a construction permit "shall be declared forfeited if the station is not
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • appropriate. The staff will also allow 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'
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • 73.3562-Staff consideration of applications not requiring action by the Commission. Section 73.3566-Defective applications. Section 73.3568-Dismissal of applications. Section 73.3584-Procedure for filing petitions to deny. Section 73.3587-Procedure for filing informal objections. Section 73.3588-Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589-Threats to file petitions to deny or informal objections. Section 73.3591-Grants without hearing. Section 73.3593-Designation for hearing. Section 73.3598-Period of construction. Section 73.3599-Forfeiture of construction permit. Section 73.3999-Enforcement of 18 U.S.C. 1464-restrictions on the transmission of obscene and indecent material. 8. A New Section 73.805 is added, as follows: � 73.805 Availability of channels. Except as provided in Section 73.220 of this Chapter, all of the frequencies listed in Section 73.201of this Chapter are available for LPFM stations. 9.
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990514.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990514.wp
  • Commission's Rules to limit certain types of transmission on pres portions of the Amateur VHF and UHF bands. Petition Submitted - Central States VHF Society. In the Matter of Amendment of Section 73.202(b), Table of Allotments FM Broadcast Stations (Stratford, New Hampshire)(MM Docket No. 99-84/RM 9501). Supporting Comments of Petitioner - Peter George. In the Matter of Amendment of Section 73.3598 of the Commission's Rules (MM Docket No. )(RM 9567). Comments - Lazer Broadcasting Corporation. In the Matter written on behalf of J.B.N. Telephone Company (JBN) to furnish the additional information requested by Sumita Mukhoty and Gary D. Seigel of the Common Carrier Bureau's staff during a meeting with undersigned counsel on Thursday, April 22, 1999. Comments. In the Matter of
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990618.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990618.wp
  • News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov __________________________________________________________________ This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974). __________________________________________________________________ June 18, 1999 FCC Filings June 7 In the Matter of Amendment of Section 73.3598 of the Commission's Rules (RM 9567). Reply Comments - Entravision Holdings, LLC and Paul A. Zevnik. In the Matter of Defining Primary Lines Maintaining Currency of Line Classification (CC Docket No. 97-181). Petition for Waiver - BellSouth Telecommunications, Inc. In the Matter of American Tower, L.P. d/b/a ATC Teleports (CC Docket No. 95-116). Request for Nondisclosure - American Tower, L.P.
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990625.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl990625.wp
  • Amendment of Section 73.202(b) of the Commission's Rules, FM Table of Allotments (Lovelady, Texas)(MM Docket No. 99-138/RM 9569). Comments - Lovelady Broadcasting Company. In the Matter of Amendment of Section 73.202(b) of the Commission's Rules, FM Table of Allotments (Groveton, Texas)(MM Docket No. 99-135/RM 9522). Comments - Trinity County Radio. In the Matter of Petition to Rulemaking Amendment of Section 73.3598 of the Commission's Rules (RM 9567). Reply Comments - KM Communications, Inc. In the Matter of Amendment of Section 73.202(b), Table of Allotments FM Broadcast Stations (Evergreen, Montana)(MM Docket No. 99-133/Rm 9523). Comments - The Battani Corporation. In the Matter of Amendment of Section 73.202(b), Table of Allotments FM Broadcast Stations (Victor or Drummond, Montana) (MM Docket No. 99-134/RM 9572).
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and rapid deployment of new technologies and services. . ." 47 U.S.C. � 309(j)(4)(B). 54 Part 27 Report and Order, 12 FCC Rcd at 10844 (para. 113). 55 Part 27 Report and Order, 12 FCC Rcd at 10843 (para. 112). 56 See Section 73.3598 of the Commission's Rules, 47 C.F.R. � 73.3598; 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, MM Docket No. 98-43, Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, MM Docket No. 94-149, Report and Order, 13 FCC Rcd 23056, 23087-93 (paras. 77-90) (1998). 57 Part 27 Report and Order at 10844-45
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090407.html
  • 2009 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 2887 Released: 04/07/2009. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER PETITION FOR RULEMAKINGS FILED. CGB [1]DOC-289837A1.doc [2]DOC-289837A1.pdf [3]DOC-289837A1.txt Released: 04/07/2009. MEDIA BUREAU PROVIDES GUIDANCE ON REQUESTS FOR ADDITIONAL TIME TO CONSTRUCT NEW BROADCAST STATIONS ASSIGNED TO ELIGIBLE ENTITIES PURSUANT TO SECTION 73.3598(A). (DA No. 09-784). MB. Contact: Irene Bleiweiss at (202) 418-2700 or Shaun Maher at (202) 418-2324 [4]DA-09-784A1.doc [5]DA-09-784A1.pdf [6]DA-09-784A1.txt Report No: 46958 Released: 04/07/2009. BROADCAST ACTIONS. MB [7]DOC-289820A2.txt [8]DOC-289820A1.pdf Report No: 26958 Released: 04/07/2009. BROADCAST APPLICATIONS. MB [9]DOC-289819A2.txt [10]DOC-289819A1.pdf Released: 04/07/2009. PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES REGION 12 (IDAHO) PUBLIC SAFETY REGIONAL PLANNING COMMITTEE TO HOLD 700 MHZ
• http://www.fcc.gov/DiversityFAC/040614/IncentiveBasedRegulations-recommendation.doc
  • applications ``can be expected to receive expeditious processing.'' Id. at 983. 4. Waivers Of The Construction Permit Expiration Rule In 1998, Entravision Holdings LLC (``Entravision'') submitted a petition for rulemaking (RM-9567; filed March 10, 1999 and still pending) which sought to revise the construction permit expiration standard established pursuant to ��319(a)-(b) of the Communications Act. The implementing rule, 47 C.F.R. �73.3598, provides that a construction permit must be built out in three years, unless the time is tolled. Entravision proposed that the Commission allow holders of expiring construction permits to sell them to entities in which minorities own at least 20% of the equity, or to entities which commit to serve the programming needs of minority or foreign language groups for
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/IncentiveBasedRegulationsRecommend.doc
  • applications ``can be expected to receive expeditious processing.'' Id. at 983. 4. Waivers Of The Construction Permit Expiration Rule In 1998, Entravision Holdings LLC (``Entravision'') submitted a petition for rulemaking (RM-9567; filed March 10, 1999 and still pending) which sought to revise the construction permit expiration standard established pursuant to ��319(a)-(b) of the Communications Act. The implementing rule, 47 C.F.R. �73.3598, provides that a construction permit must be built out in three years, unless the time is tolled. Entravision proposed that the Commission allow holders of expiring construction permits to sell them to entities in which minorities own at least 20% of the equity, or to entities which commit to serve the programming needs of minority or foreign language groups for
• http://www.fcc.gov/Forms/Form350/350.pdf
  • received. FM translator applicants proposing to rebroadcast the signal of stations that they own, as well as applicants for FM booster stations, should mark the box labelled "Yes." E. Item 5: Station Ready for Operation. This question requires the applicant to certify that the authorized facility is in satisfactory operating condition and ready for regular operation. See 47 C.F.R Section 73.3598(e). Partially constructed facilities, or facilities that are less than authorized in the underlying construction permit, are not sufficient. 4 F. Item 6: Station Identification. FM translator stations are required to broadcast station identification announcements. This can be done in one of two ways. First, the translator station can arrange with the primary station whose signal is rebroadcast to identify the
• http://www.fcc.gov/fcc-bin/audio/DA-03-832A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-832A1.pdf
  • LLP 2099 Pennsylvania Avenue, N.W./Suite 100 Washington, D.C. 20006-6801 In re: WMLB(AM), East Point, GA Facility ID No. 15521 BP-19990622AC, as modified by BMP-20020923AAQ Dear Counsel: This letter concerns the uncontested request, filed February 5, 2003, on behalf of Atlanta Area Broadcasting, Inc. (``AAB''), that the referenced construction permit be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b) or that it be given a waiver of the construction rules. For the reasons detailed below, AAB's waiver request is granted. Background. WMLB(AM) is a licensed and operating station, serving East Point, Georgia on 1160 kHz. On March 7, 2000, the staff approved AAB's application to modify the station's facilities at its licensed site, requiring completion of construction by March
• http://www.fcc.gov/fcc-bin/audio/DA-06-1548A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1548A1.pdf
  • stations should receive additional construction time by waiver. WKOX(AM), WUNR(AM) and WRCA(AM) are separately owned, licensed, and operating stations with authority to relocate to a single shared location in Newton, Massachusetts. The local government denied the parties' zoning application based on environmental concerns and the parties initiated a court appeal. We granted tolling treatment during the litigation pursuant to Section 73.3598(b)(ii) of the Commission's Rules. On January 20, 2006, the parties notified the Commission that the litigation ended on December 20, 2005, pursuant to a settlement agreement approved by the court. Accordingly, we have updated the broadcast database to provide each station with the remainder of its three-year construction period. The revised expiration dates of the WKOX(AM), WUNR(AM), and WRCA(AM) permits
• http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1550A1.pdf
  • We also have before us a Petition to Dismiss (``Petition'') the captioned application as untimely submitted, filed June 24, 2005, by Blakeney Communications, Inc. (``BCI''). For the reasons set forth below, we grant the Petition to the extent indicated and deny it in all other respects, admonish CCBL for its late-filed application, and grant the subject license application. Background. Section 73.3598(a) of the Commission's Rules (the ``Rules''), promulgated pursuant to Section 319(b) of the Communications Act of 1934, as amended (the ``Act''), states that construction permits for new stations or modifications to 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
• http://www.fcc.gov/fcc-bin/audio/DA-06-1924A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1924A1.pdf
  • Commission cannot grant the subject assignment application because Hoyt's construction permit for the Des Moines LPFM facility has expired. Accordingly, states FPR, there is nothing to assign. In support of this contention, FPR states that the construction permit for the Des Moines facility was issued on February 27, 2004, and, pursuant to the terms of the permit itself and Section 73.3598(a) of the Commission's Rules, expired 18 months after that date, on or about August 27, 2005. FPR acknowledges that the Commission has granted LPFM permittees the opportunity to seek a waiver of the 18-month construction deadline, even if the requirements for ``tolling'' the permit have not been met, if the permittee: demonstrates that it cannot complete construction within the allotted
• http://www.fcc.gov/fcc-bin/audio/DA-06-293A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-293A1.pdf
  • E. 4th St. P.O. Box 113 Frederick, MD 21705-0113 Christopher J. Wright, Esq. Harris, Wiltshire & Grannis 1200 18 Street, NW, Suite 1200 Washington, DC 20036 In re: KPPC(FM), Pocatello, Idaho Facility ID No. 87656 BPH-19970724MI Dear Counsel: This letter concerns a request by InterMart Broadcasting Pocatello, Inc. (``InterMart'') for tolling of the referenced permit's construction deadline pursuant to Section 73.3598(b)(ii) of the Commission's rules. InterMart states that it has been prevented from building due to a pending Application for Review. Idaho Wireless Corporation (``IWC'') filed comments to InterMart's request, and InterMart filed a reply. For the reasons discussed below we find that InterMart should receive additional construction time, but less than it requested. InterMart and IWC both participated in Closed
• http://www.fcc.gov/fcc-bin/audio/DA-06-632A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-632A1.pdf
  • 84 MX Group 84-160 applications is herein denied, we also consider your alternative request that the KWFA construction permit, BP-19870303AG, be tolled until the Commission acts on modification application BMAP-20040130AIG. You argue that the length of time the mutually exclusive group has been pending is a matter beyond the station's control. The station's circumstances qualify neither for tolling under Section 73.3598(b) of the Commission's rules nor for a waiver of the three-year construction period. The Commission will not grant additional time for a permittee to move from its original FCC-approved site when the permittee has not demonstrated that the site became "unavailable for reasons not attributable to the permittee." Additional time is not warranted where, as here, the site change is
• http://www.fcc.gov/fcc-bin/audio/DA-07-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1372A1.pdf
  • before us a Petition for Reconsideration (the ``Petition'') filed March 14, 2005, by Radio 780, previous permittee of unbuilt and cancelled Station WREY(AM), Mulberry, Florida (the ``Station''). Radio 780 seeks reconsideration of the January 24, 2005, decision of the Audio Division (the ``Staff Decision'') denying Radio 780's request to toll the Station's December 21, 2000, construction deadline pursuant to Section 73.3598(b) of the Commission's Rules (the ``Rules''). For the reasons discussed below, we dismiss the Petition. Background. Radio 780 first received a construction permit for the Station on November 5, 1996, with a construction deadline of May 5, 1998. On June 22, 1998, in response to a timely-filed extension request, the staff set a new construction deadline of December 22, 1998.
• http://www.fcc.gov/fcc-bin/audio/DA-07-1827A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1827A1.pdf
  • Petition. Petition at 2, citing Calhoun County Broadcasting Company, Memorandum Opinion and Order, 57 R.R.2d 641 (1984). 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056 (1998), recon. granted in part, 14 FCC Rcd 17525 (1999) (``Non-Technical Streamlining''). Non-Technical Streamlining, 13 FCC Rcd at 23071. See 47 C.F.R. � 73.3598. TRMR, Inc., Memorandum Opinion and Order, 11 FCC Rcd 17081, 17087 (1996). Id. (quoting Assignment and Transfer of Construction Permits, 33 Fed. Reg. 12678 (Sept. 6, 1968)). See also Richard R. Zaragoza, Esq. and John Tongier, Esq., Letter, 14 FCC Rcd 1732, 1742-43 (MMB 1998) (``Zaragoza and Tongier'') (reiterating principle that when reviewing assignment of a broadcast construction permit, ``the
• http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.pdf
  • Buffalo Field Office staff determined that WXXC(FM) was only partially constructed and not operational, notwithstanding SCR's representations in the license application that the station had been timely constructed in accordance with its construction permit. Accordingly, on February 12, 2001, the staff declared that SCR's construction permit was forfeited as of its expiration date of January 15, 2001, pursuant to Section 73.3598(e) of the Commission's Rules (the ``Rules''). Additionally, the staff dismissed the license application and deleted the WXXC(FM) call sign. SCR timely filed the Petition seeking reconsideration of these actions on March 12, 2001. On March 13, 2001, SCR filed an application for a minor modification of the construction permit, requesting a change in the antenna coordinates. Discussion. The Commission will
• http://www.fcc.gov/fcc-bin/audio/DA-07-4108A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4108A1.pdf
  • reconsideration. Background. CSN was granted a construction permit for WWTS(FM) on October 3, 2002, as the result of a settlement agreement between parties in a mutually exclusive group of noncommercial educational (``NCE'') applicants. By its terms, the permit expired on October 3, 2005. CSN admits the permit was not encumbered by any matter cognizable under the tolling provided in Section 73.3598(b) of the Commission's Rules (the ``Rules''). On September 9, 2005, less than one month before the set expiration of the WWTS(FM) construction permit, CSN filed a request for a waiver of the construction period time limit stating that it was unable to construct WWTS(FM) at the authorized site. CSN stated that the owner of the tower where CSN proposed to
• http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.pdf
  • Decision, 58 FCC 2d 1296 (Rev. Bd. 1976). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056, 23092 (1998), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17539 - 40 (1999); 47 C.F.R. � 73.3598(b). See 47 C.F.R. � 1.65(a). 47 C.F.R. � 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, 22 FCC Rcd at 6125. Id. Regents also reported that its name had changed to Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College, without any corresponding change in ownership. (footnote continued...) Federal Communications Commission Washington,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1536A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1536A1.pdf
  • 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 and Order, 5 FCC Rcd 7125 (1990). We note, however, that extension requests filed since 1999 are currently evaluated under the stricter standard set forth in revised Section 73.3598(b) of the Rules. See 47. C.F.R. � 73.3598(b). See Commercial Radio Service, Inc., Order to Show Cause, 21 FCC Rcd 9983, 9986 (2006)(citing, e.g., Contemporary Media, Inc., v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000)). See 47 U.S.C. � 503(b)(6)(B). See Reply at 9. Elijah Broadcasting Corp. Memorandum Opinion and Order, 5 FCC Rcd 5350, 5351 (1990). See Cuban-American
• http://www.fcc.gov/fcc-bin/audio/DA-08-1851A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1851A1.pdf
  • antenna that day on the American Tower Corporation (``ATC'') tower specified in the Construction Permit, CSN learned that the United States Forest Service (``USFS'') prohibited installation of broadcast antennas at that location. The following day, CSN filed a request with the Commission to toll the Construction Permit expiration date. The Division Letter denied CSN's tolling request. It held that Section 73.3598(b) of the Commission's Rules (``Rules'') provides for tolling of construction permit deadlines only in ``specific circumstances beyond a permittee's control that delay construction, including litigation over government requirements for construction.'' It pointed out that there was no such litigation pending, and that CSN's circumstances did not ``qualify as a tolling event under any other provision of the Rule.'' The Division
• http://www.fcc.gov/fcc-bin/audio/DA-08-1948A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1948A1.pdf
  • Report and Order, or within 10 days of the commencement of program tests, respectively. Univision filed the Application to implement its part of MM Docket No. 91-259 on February 8, 2008, eight and one-half years after this proceeding became final. The Application proposes operation on Channel 254B at Mayaguez, but proposes no other changes to WUKQ-FM's licensed facilities. Discussion. Section 73.3598(a) of the Commission's Rules (the ``Rules'') states that a construction permit to make changes in an existing station ``shall specify a period of three years . . . within which construction shall be completed and a license application filed.'' Thus, we would ordinarily accord Univision three years to ``construct'' the modified WUKQ-FM facilities, i.e., commence operation on its new channel.
• http://www.fcc.gov/fcc-bin/audio/DA-08-2446A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2446A1.pdf
  • contours with any other station as set forth below in this paragraph; and no application will be accepted for a change of the facilities of an existing station if the proposed change would involve such overlap where there is not already such overlap between the stations involved . . . 47 C.F.R. � 73.37(a) (chart omitted). In accordance with Section 73.3598(b) of the Rules and pursuant to its request, Sandy Springs' permit was tolled following the initiation of zoning litigation over its station site. Letter to Marlene H. Dortch, Secretary, FCC, from Mark N. Lipp (Jul. 19, 2005); Letter to Mark Lipp from Peter H. Doyle, Chief, Audio Division, Media Bureau (MB Sep. 16, 2005). On receiving notification that the appellate
• http://www.fcc.gov/fcc-bin/audio/DA-08-347A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-347A1.pdf
  • a court of competent jurisdiction considering any necessary local, state, or federal requirement for the construction or operation of the station, including any zoning or environmental requirements. SIBR's circumstances do not fall within this limited exception to the three year construction deadline. Additionally, SIBR did not ask for tolling of the expiration date of the construction permit pursuant to Section 73.3598(c) of the Rules. SIBR failed to comply with the terms of its construction permit for Station KPOE(AM). Therefore, the staff acted properly in dismissing the above-captioned application and subjecting the construction permit to forfeiture under Section 73.3598(e) of the Rules. Because SIBR's petition for reconsideration fails to show a material error or omission in the original decision and did not
• http://www.fcc.gov/fcc-bin/audio/DA-08-588A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-588A1.pdf
  • construction permit expired at 3:00 a.m. the next day, June 13, 2005. Later, on that same day, BCI filed a conflicting application for modification of license to upgrade WBBN(FM). On June 15, 2005, CCBL filed its license application for the WRKH(FM) upgrade. BCI's Petition to Dismiss. BCI petitioned for dismissal of the WRKH(FM) license application. It argued that, under Section 73.3598(e) (``Section 73.3598(e)'') of the Commission's Rules (``Rules''), CCBL forfeited the WRKH(FM) construction permit by failing to file a timely license application. In opposition, CCBL contended that its license application was timely because Section 73.1620(a)(1) of the Rules (``Section 73.1620(a)(1)'') allows permittees ten days from the start of program tests to file a covering license application. It also argued that license
• http://www.fcc.gov/fcc-bin/audio/DA-08-629A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-629A1.pdf
  • � 319(b) (``... said permit will be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by cause not under the control of the grantee.'') See Streamlining MO&O, 14 FCC Rcd at 17540. Id. at 17541 (emphasis added). See also 47 C.F.R. � 73.3598. Id. at 17539. Id. at 17538-39. See, e.g., WLMB(AM), East Point, GA, Letter, 18 FCC Rcd 5034 (MB 2003) (forcible taking of site by eminent domain); Dorann Bunkin, Esq., Letter, 21 FCC Rcd 8671 (MB 2006) (cessation of construction during the breeding and migration of endangered species at the transmitter site, as required by local authorities). See Expedite Denial, 21
• http://www.fcc.gov/fcc-bin/audio/DA-09-1365A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1365A1.pdf
  • KJJL(AM) directional antenna system. Moreover, we are unconvinced that Cutforth's failure to complete construction of the station and submit a timely and complete license application for DKJJL(AM) was due to circumstances beyond his control rather than his own dilatory actions and poor planning. It is clear that snowfall in the mountains of Wyoming would not qualify for ``tolling'' under Section 73.3598 of the Rules. The Commission tolls a station's three-year construction period when the permittee notifies the staff, pursuant to Section 73.3598(c) of the Rules, that construction has been encumbered by administrative or judicial review of a grant of a construction permit; by judicial review of any cause of action relating to necessary local, state or federal requirements for the construction
• http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1372A1.pdf
  • Odessa, Michigan. The permit for the station, for which GLCB chose the call sign WQLO, was issued on July 11, 2005 and contained an expiration date of July 11, 2008. The permit stated: ``[T]his construction permit will be subject to automatic forfeiture unless construction is complete and an application for license to cover is filed prior to expiration. See Section 73.3598.'' On July 7, 2008, GLCB filed an application for license for the station. That license application, signed by Mr. Schaberg as engineering consultant to GLCB, certified that the station was operating pursuant to automatic program test authority and that all terms, conditions, and obligations set forth in the underlying construction permit had been fully met. Based on previous investigations of
• http://www.fcc.gov/fcc-bin/audio/DA-09-2032A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2032A1.pdf
  • Decision and dismiss as moot the petition for reconsideration of the Modification Decision. Background. The WXNH(AM) construction permit (the ``Construction Permit'') was issued on September 17, 2003, for a three-year term expiring September 17, 2006. On June 1, 2006, we granted in part Wendell's May 26, 2006, request for tolling of the permit's expiration date. We acted pursuant to Section 73.3598(b)(2) of the Rules, based on Wendell's notification of zoning litigation concerning his transmitter site. We concurrently rejected Wendell's other claimed bases for tolling including matters relating to an alternate site proposed in two modification applications. In October 2007, WLIE submitted a ``Petition to Terminate Tolling.'' Responsive pleadings made clear to staff for the first time that the litigation at issue
• http://www.fcc.gov/fcc-bin/audio/DA-09-2175A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2175A1.pdf
  • Objection'') and, by letter filed December 23, 2008, sought reconsideration (``Petition for Reconsideration'') of the decision granting that Application. RFN opposed the Petition for Reconsideration in a letter (the ``Response'') dated February 17, 2009. For the reasons set forth below, we grant the Petition for Reconsideration to consider the arguments set forth in the Informal Objection. Further, we waive Section 73.3598(e) of the Commission's Rules (the ``Rules'') to permit the late filing of the Application, consider the late-filed Application, and admonish RFN for its failure to file a timely license application. Finally, we deny the Petition for Reconsideration in all other respects. Background. On April 16, 2007, RFN filed a minor modification application to relocate the Station's licensed facilities. The application
• http://www.fcc.gov/fcc-bin/audio/DA-09-2360A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2360A1.pdf
  • permit (``Permit'') for Station KXFT(FM), Manson, Iowa (``Station''). Also before us is an unopposed pleading filed by TEL on March 28, 2008, styled as a ``Petition for Reconsideration and Request for Reinstatement Nunc Pro Tunc'' (``Petition''). The Petition seeks reinstatement nunc pro tunc of the Permit, which expired as a matter of law on March 9, 2008, pursuant to Section 73.3598(e) of the Commission's Rules (``Rules''). For the reasons set forth below, we dismiss the Petition as procedurally defective, but treat and grant it as a request for waiver of Section 73.3598 of the Rules, reinstate the Permit nunc pro tunc, dismiss a request for extension of special temporary authority (``STA'') as moot, admonish TEL for its late-filed Application, and grant
• http://www.fcc.gov/fcc-bin/audio/DA-09-2361A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2361A1.pdf
  • MI 49346, and to Great Lakes Broadcast Academy, Inc., P.O. Box 334, Stanwood, MI 49346. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau Great Lakes Community Broadcasting, Inc., Memorandum Opinion and Order, 24 FCC Rcd 8239 (Audio Div. 2009) (``Great Lakes Order''), applying Section 312(g) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3598(e) of the Commission's Rules (the ``Rules''). See 47 U.S.C. � 312(a) and 47 C.F.R. � 73.3598(e). The Great Lakes Order noted that a separate Hearing Designation Order would address the character qualifications of Great Lakes and its consulting engineer, David C. Schaberg, to hold their remaining Commission authorizations. See Great Lakes Order, 24 FCC Rcd at 8240. Petition at 1-3.
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  • and license the modified facilities, "without any assurance this will ever happen." 48. VBB's statements regarding Clear Channel's ``actual intentions'' amount to mere speculation and warrant no further action. Similarly, VBB's attempt to find fault in the fact that Clear Channel will have three years in which to construct WOLL(FM)'s modified facilities - the standard construction period authorized by Section 73.3598(a) of the Rules - is not supported by any evidence that Clear Channel does not intend to construct those facilities. The Modification Application complies with all pertinent statutory and regulatory requirements, and we will grant it below. ORDERING CLAUSES 49. IT IS ORDERED, that Vero Beach Broadcasters, LLC's August 24, 2007, Informal Objection IS DENIED and the minor change application
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-784 Released: April 7, 2009 Media BUREAU PROVIDES GUIDANCE ON requests for ADDITIONAL TIME to construct new broadcast stations assigned TO eligible eNtities pursuant to section 73.3598(a) By: Chief, Media Bureau The Commission recently provided certain broadcast assignees with an opportunity to receive additional time to complete construction of new broadcast stations with expiring construction permits. Section 73.3598(a), as revised, provides that an eligible entity acquiring an ``issued and outstanding'' construction permit for a new unbuilt broadcast station shall have the time remaining on the construction permit
• http://www.fcc.gov/fcc-bin/audio/DA-10-130A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-130A1.pdf
  • Baton Rouge Progressive Network on September 26, 2007, IS DISMISSED as moot. IT IS FURTHER ORDERED, that the grants of Application File Nos. File No. BMPL-20051101AAC, BMPL-20060208AMJ, and BLL-20060313AAE, ARE RESCINDED and those Applications ARE DISMISSED. IT IS FURTHER ORDERED, that Application File Nos. BPL-20081006ABL and BPL-20090803AGN ARE DISMISSED AS INADVERTENTLY ACCEPTED FOR FILING. IT IS FURTHER ORDERED, that Section 73.3598(a) of the Commission's Rules IS WAIVED, and WHYR-LP construction permit BNPL-20000605ACF WILL EXPIRE on June 26, 2011. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Ms. Elaine Rougeau, Ethics, Inc., 9064 Highland Road, Baton Rouge, Louisiana 70808, and to Baton Rouge Progressive Network, c/o Michael Couzens,
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  • Baldwin under lesser Priority 4, ``other public interest matters.'' As a result, the Modification Letter dismissed the Modification Application. In view of the dismissal of the Modification Application, Northeast filed a ``Request for Tolling'' on August 8, 2005, seeking additional time to build a new station at Nassau Village-Ratliff. Recognizing that its circumstances are not among those enumerated in Section 73.3598(b) as grounds for tolling, Northeast sought a waiver based on ``rare and exceptional circumstances'' beyond the permittee's control. Northeast claimed that the staff's dismissal of the Modification Application is such a circumstance because that decision was erroneous and one over which Northeast had no control. As a result, Northeast requested that the running of its construction permit be tolled pending
• http://www.fcc.gov/fcc-bin/audio/DA-11-1359A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1359A1.pdf
  • January 30, 2009. 47 C.F.R � 1.106; WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom., Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). See 1998 Biennial Regulatory Review, Streamlining of Mass Media Applications, Report and Order, 13 FCC Rcd 23056, 23091 (1998); 47 C.F.R. � 73.3598(e). See 1998 Biennial Regulatory Review, Streamlining of Mass Media Applications, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17533 (1999). See In the Matter of Promoting Diversification of Ownership in the Broadcast Services, Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922 (2008) (``Diversity Order''). Section 73.3598(a), as revised in the Diversification Order, provides that
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  • 18931 (2007) (``Letter Decision''). Comparative Consideration of 76 Groups of Mutually Exclusive Applications to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007). Id. The expiration date of HFC's construction permit has been tolled during consideration of the petition for reconsideration of the permit's grant, at HFC's request. See 47 C.F.R. � 73.3598(b)(2). See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966); 47 C.F.R. � 1.106. Moreover, even under current rules, an applicant for an NCE authorization is not required to submit evidence that it is incorporated at the time of application. Rather, it
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  • Commission has accepted and granted late-filed applications for license renewal and STA. Otherwise, portions of the public airwaves would lay fallow as licensees with expired licenses and other potential applicants wait for a new application filing window. Accordingly, we find Capstar's argument to be unpersuasive. Next, Capstar argues that Licensee does not meet the criteria for a waiver of Section 73.3598 of the Rules, which requires license renewal applications to be filed not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed. We have reviewed Commission records and find no evidence indicating that Licensee made such a waiver request. Regardless, we have previously declined to act on
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  • prejudiced by circumstances beyond its control. Discussion. The Commission's Rules specify that Petitions for Reconsideration will be entertained within 30 days of public notice of a final Commission action. There was no Commission action in the present case, the Permit simply expired on December 15, 2011 by its own terms and was automatically forfeited on that date pursuant to Section 73.3598(e) of the Rules because the permittee had not constructed and filed a license application. The steps that the staff took to mark the permit as cancelled, to delete it from the Commission's database, and to inform CBC of those steps in a January 25, 2012 e-mail were purely ministerial and did not establish any independent basis for seeking reconsideration. Accordingly,
• http://www.fcc.gov/fcc-bin/audio/DA-12-287A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-287A1.pdf
  • a downgrade of facilities and DISMISSED AS MOOT with respect to additional time to construct. Accordingly, the application for modification of permit (File No. BMPED-20111031AAG) IS DISMISSED and the underlying permit (File No. BNPED-20071022BAR) expired on its own terms on August 5, 2011. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Specifically, NTC seeks waivers of 47 C.F.R. �� 73.3598(a), 73.3598(c), 73.7002(c) and 73.7005(b). Petition at 2-3. Affidavit of Jason K. Arviso, Director of Institutional Development, NTC, Appendix 1 to Petition (``Arviso Declaration''). File No. BNPED-20071022BAR. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, Attachment A (MB 2008). See 47 C.F.R. �
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  • his support for the CBC proposal and advocated for favorable Commission action on the April Petition. CBC had previously requested and received two adjustments of the construction deadline. We adjusted the original April 14, 2010 construction deadline to October 15, 2011 pursuant to an ``eligible entity'' policy in effect when CBC acquired the permit by assignment. See 47 C.F.R. � 73.3598(a). We further adjusted that deadline to December 15, 2011 following CBC's September 30, 2011 notification that flooding, hurricanes, and a tornado had limited its access to the transmitter site. CBC had sought a six-week adjustment of the construction deadline but the Bureau provided a full two months, corresponding to the delay in construction occurring during the final two months of
• http://www.fcc.gov/fcc-bin/audio/DOC-232335A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-232335A1.pdf
  • Fletcher, Heald & Hildreth, P.L.C. 1300 North 17th Street Arlington, VA 22209-3801 In re: WNZT(AM), Hermon, ME Facility No. 128851 File No. BNP-20001016AAL Dear Ms. Shapiro: This letter concerns the uncontested May 21, 2002 notification filed on behalf of Daniel F. Priestley (``Mr. Priestley''), that the referenced construction permit be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b)(ii). For the reason detailed below, we grant tolling. The referenced permit to allow Mr. Priestley to construct a new AM station to serve Hermon, Maine was granted May 29, 2001, and requires that the permittee complete construction and file an application for broadcast license no later than May 29, 2004. You indicate that Mr. Priestley appealed adverse zoning decisions with
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  • LLP 1776 K Street, N.W. Washington, D.C. 20006 In re: WSCC(AM), Charleston, SC Facility No. 73874 File No. BNP-20000414ABL Dear Ms. Klindera: This letter concerns the uncontested May 16, 2002 (as supplemented May 31, 2002) notification filed on behalf of Citicasters Licenses, Inc. (``Citicasters'') that the referenced construction permit be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b)(ii). For the reason detailed below, we find that these matters are not of the type provided for in our tolling rules. The referenced permit to modify the licensed facilities of WSCC(AM) was granted January 25, 2001, and requires that Citicasters complete construction and file an application for broadcast license no later than January 25, 2004. You indicate that Citicasters learned
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  • Refer To: 1800B3-IB Cary S. Tepper, Esq. Booth, Freret, Imlay & Tepper, P.C. 5101 Wisconsin Avenue, N.W. Suite 307 Washington, D.C. 20016-4120 In re: W216BI, Lexington, N.C. Facility No. 90671 File No. BPFT-19980514TD Dear Mr. Tepper: This letter concerns the uncontested March 27, 2002 request filed on behalf of Positive Alternative Radio, Inc. (``PAR'') for waiver of 47 C.F.R. � 73.3598 to afford it additional time to construct the referenced station. The staff granted PAR's initial permit on April 16, 1999, requiring the permittee to complete construction and file a covering license application by April 16, 2002. PAR states that all equipment necessary for this construction is on hand, but indicates that rare and exceptional events beyond its control resulted in
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  • & Hartson L.L.P. 555 Thirteenth Street, NW Washington, D.C. 20004-1109 In re: WTVN(AM), Columbus, OH Facility No. 11269 File No. BP-19971126AF File No. BP-19980908AA Dear Ms. Repp: This letter concerns the uncontested May 1, 2002 notification filed on behalf of Citicasters Licenses, Inc. (``Citicasters'') that the referenced construction permits be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b)(ii). For the reason detailed below, we grant tolling for both permits. The referenced permits to modify Citicasters' licensed facilities were granted September 16, 1999 to improve WTVN(AM)'s nighttime and daytime coverage. Both permits expire September 16, 2002. You indicate that the permits have been encumbered since December 21, 1999, when the Trustees of Washington Township, Ohio initiated litigation in the
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  • 17th Street, 11th Floor Arlington, VA 22209-3801 In re: KCAA(AM), Big Bear Lake, CA Facility No. 43995 File No. BP-19961206AD, as modified by BMP-20000530ABS Dear Counsel: This letter concerns the uncontested April 18, 2003, request filed on behalf of Broadcast Management Services, Inc. (``BMS'') that the referenced construction permit be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b) or, alternatively, to be granted a waiver to give it an additional 30 days to complete construction. For the reasons detailed below, we deny tolling, but grant a 30-day waiver of the construction period rule to allow BMS to complete construction by May 24, 2003. The referenced permit was initially granted April 24, 2000, and modified on January 23, 2001.
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  • P.O. Drawer P Durango, CO 81302 In re: NEW, Delores, CO Facility ID No. 88574 File No. BPH-19970925MT (Construction Permit) File No. BMPH-20030616AFZ (Application to Modify Construction Permit) Dear Permittee: This letter concerns the uncontested June 24, 2003, request filed on behalf of Four Corners Broadcasting L.L.C. (``Four Corners'') for waiver of the Commission's construction period rule, 47 C.F.R. � 73.3598, to give it an additional 45 to 60 days to complete construction. For the reasons detailed below, we waive the rule on our own motion and dismiss Four Corners' request as moot. Background. The staff granted the initial permit to construct a new commercial FM station to serve Delores, Colorado on July 25, 2000. The permit requires that Four Corners
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  • construction. Within the 30 days preceding Capper's January 19, 2004, notification, Capper remained enjoined from construction due to a Court-issued injunction. The injunction was not lifted until January 26, 2004. The injunction was beyond Capper's control, issued in part because the County improperly applied a Wireless Telecommunications Facilities Ordinance that was void ab initio. We will waive 47 C.F.R. � 73.3598(a), the construction period rule, to compensate Capper for the 38-day period between December 19, 2003, and the dissolution of the injunction on January 26, 2004. Accordingly, Capper's ``Request to Toll Construction Permit'' IS GRANTED to the extent discussed above and IS DENIED in all other respects. Given that the injunction extended almost until the permit's expiration date, and the expiration
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  • solely to update that organization's records, not to seek that organization's approval. As KIEV(AM)'s ability to operate is not dependent on ITU approval, this matter is not an ``encumbrance'' and forms no basis for granting Royce additional time to construct. Accordingly, Royce's Petition for Reconsideration IS DENIED. 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
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  • was to ensure that such stations would have an opportunity to construct under the new stricter construction rules. On September 28, 2001, the Commission granted Royce's major modification application to specify a new community of license and to construct at a new site. Royce recognizes that it is not entitled to treatment pursuant to the Commission's tolling provisions, 47 C.F.R. �73.3598(b), because it has already received an unencumbered three-year construction period. See also Report and Order in MM Docket 98-43, 13 FCC Rcd 23056, 23092 (1998). Royce therefore requests a waiver of 47 C.F.R. �73.3598(a), the Commission rule that requires completion of construction and the filing of a covering license application within three years from the date of issuance of the
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  • June 24, 2004, request (``Request'') filed on behalf of Keystone College (``Keystone'') for extension of time to complete construction of a new low power FM Station (``LPFM'') to serve La Plume, Pennsylvania on Channel 278 (103.5 MHz). For the reasons detailed below, we will treat Keystone's request as one for waiver of the Commission's construction period rule, 47 C.F.R. � 73.3598(a), and waive the rule to the extent detailed below. Background. On February 14, 2003, the staff approved Keystone's application to construct a new LPFM station, requiring completion of construction and the filing of a covering broadcast license application no later than August 14, 2004. As Keystone structured the project, it waited six months after grant, i.e., to August of 2003,
• http://www.fcc.gov/fcc-bin/audio/DOC-252094A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-252094A1.pdf
  • 100 P.O. Box 217 Sterling, VA 20167-0217 In re: WQBQ(AM), Leesburg, FL Facility ID No. 73913 File No. BP-20010514AAG Dear Counsel: This letter concerns the uncontested request filed August 26, 2004, on behalf of Gateway Broadcasting & Internet, Inc. (``Gateway''), that the referenced construction permit to modify WQBQ(AM)'s facilities be treated pursuant to the tolling provisions of 47 C.F.R. � 73.3598(b)(i). The staff granted the referenced permit on August 28, 2001, requiring completion of construction and filing of a covering broadcast license application no later than August 28, 2004. Section 73.3598(b)(i) of the Commission's rules recognizes that the period for construction of an original construction permit shall toll if construction is prevented due to an act of God, defined in terms
• http://www.fcc.gov/fcc-bin/audio/DOC-252564A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-252564A1.pdf
  • City, NJ Facility ID No. 61643 File No. BMP-20011203AAM Dear Counsel: This letter concerns the uncontested request (``Request'') of Rose City Radio Corporation (``Rose City''), filed May 27, 2004, supplemented (``Supplement'') on July 7, 2004, and amended (``Amendment'') at the staff's request on September 1, 2004. Rose City seeks a waiver of the Commission's construction period rule, 47 C.F.R. � 73.3598(a), to modify the referenced permit's construction deadline. For the reasons detailed below, Rose City's waiver request is denied. Background. Rose City has been licensed since December 10, 2001, to serve Jersey City, New Jersey from a 5-tower array on a site within the New Jersey Meadowlands District in Lyndhurst, New Jersey. In September of 2001, the New Jersey Meadowlands Commission
• http://www.fcc.gov/fcc-bin/audio/DOC-254360A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-254360A1.pdf
  • No. BNP-20001023ACS Dear Counsel: This letter concerns the uncontested request filed on September 14, 2004 (``Request''), and amended on October 5, 2004 (``Amendment 1'') and again on October 19, 2004 (``Amendment 2''), on behalf of Bott Communications, Inc. (``Bott''), to treat the referenced construction permit's construction period as encumbered pursuant to the Commission's construction period tolling rule, 47 C.F.R. � 73.3598(b). For the reasons detailed below, we will deny Bott's request for tolling but grant the request when treated as one for waiver of the construction period rule, 47 C.F.R. � 73.3598(a). Background. On February 5, 2002, the staff granted Bott's application to construct a new AM station to serve Hollister, Missouri, on 1570 kHz. The grant required that Bott complete
• http://www.fcc.gov/fcc-bin/audio/FCC-01-317A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-01-317A1.pdf
  • it a January 16, 2001 Application for Review and amendments thereto filed by Texas Grace Communications (``Texas Grace''), permittee of unbuilt broadcast station KRZB(FM), Archer City, Texas. Texas Grace seeks review of a December 14, 2000 letter decision denying reconsideration of the staff's October 20, 2000 denial of its request to ``toll'' the KRZB construction period. See 47 C.F.R. � 73.3598(b)(1). On January 23, 2001, Texas Grace filed a second pleading requesting that the Commission also issue an ``Emergency Stay'' to toll the KRZB construction period during the pendency of this proceeding and any appeal thereof. For the reasons detailed below, we will deny Texas Grace's Application for Review as well as its stay request. However, on our own motion we
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  • hoc permittee temporizing. Accordingly, Birach's tolling arguments are untimely. Although the Commission has shown some leniency in the timing of waiver requests, Birach's waiver request is based on matters as much as three years old. We believe the better approach is to require permittees to file such requests as promptly as possible. A permittee that seeks waiver of a Section 73.3598 construction requirement should file its request as promptly as possible following the event upon which it bases its request, preferably within the same 30 day period afforded to tolling applicants. This also will help ensure permittee diligence. 9. Accordingly, IT IS ORDERED that the Application for Review filed by Birach Broadcasting Corporation IS DENIED. 10. IT IS FURTHER ORDERED that
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  • leave to file an amicus curiae brief. See, e.g., Mobilemedia Corporation, 12 FCC Rcd 7927, 7930 (1997). MMTC Comments at 3. Id. at 5. Id. at 6-7. Abundant Life III, 17 FCC Rcd at 4008-09. Id. at 4008. See also Broadcast First Report and Order, 13 FCC Rcd at 15956, 15989; BDPCS, 12 FCC Rcd at 3235. 47 C.F.R. � 73.3598(b)(ii). 47 U.S.C. � 309(j)(3)(B). Broadcast First Report and Order, 13 FCC Rcd at 15993. Congress directed us, in prescribing regulations for competitive bidding, to promote economic opportunity for a wide variety of applicants, ``including small businesses, rural telephone companies, and businesses owned by members of minority groups and women.'' 47 U.S.C. � 309(j)(4)(C). Accord Amendment of Part 1 of the
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  • provided one, extremely limited exception to this generally applicable principle of tolling. The exception was applicable to permittees that qualified for the ``bonus year,'' i.e., the additional year from December 20, 1999 to December 21, 2000. With respect to the bonus year, the Commission stated that ``concerning the additional time hereby granted, permittees may employ the tolling provisions [of Section 73.3598(b)] . . . .'' 10. We find that the case before us involves a permittee within that narrow bonus year/tolling class. KRI was eligible to receive the bonus year and experienced a qualified tolling event during that year. Specifically, beginning November 20, 2000, KRI became a party to an ``action pending before any court of competent jurisdiction relating to any
• http://www.fcc.gov/fcc-bin/audio/FCC-04-69A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-69A1.pdf
  • the staff's grant of the 2000 License Application and, pursuant to Section 1.115(a) of the Commission's rules, we dismiss the Application for Review with respect to the staff's grant of KWKM's unopposed minor modification application to correct its tower coordinates. We also on our own motion, in light of the unique circumstances of this case, grant a waiver of Section 73.3598(e) of the Commission's rules to prevent forfeiture of the construction permit. In addition, we issue a Notice of Apparent Liability to KM for operating KWKM at variance from its authorized geographic coordinates in violation of Section 73.1350(a) of the Commission's rules. Background. On July 13, 2000, over the objections of CMA, the staff granted a modification application authorizing KM to
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  • filed by Birach Broadcasting Corporation on March 3, 2003, as supplemented on March 14, 2003, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary The call sign is listed in the Commission's database as ``DWIJR(AM)'' to reflect its deletion, as discussed infra, para. 3. See Birach Broadcasting Corp., 18 FCC Rcd 1414 (2003) (``Memorandum Opinion and Order''). 47 C.F.R. � 73.3598(a); Streamlining of Mass Media Applications, Rules, and Processes, 14 FCC Rcd 17525, 17541 (1999) (``Streamlining MO&O''). Specifically, radio permits may be tolled by administrative or judicial review of the grant of the subject permit, by court proceedings related to a necessary legal, state, or federal requirement, by natural disaster ``acts of God,'' or by failure of a Commission-imposed condition precedent.
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  • respect to stations located outside Alaska, an exception not applicable here. See Application for Review at 12. See 47 C.F.R. � 73.1125. See 47 C.F.R. �73.1020. See 47 C.F.R. � 73.3580(4)(i) and (ii). See 47 C.F.R. � 73.3526. We contemplate consideration of any request for additional construction time only for circumstances that meet the tolling requirements in 47 C.F.R. � 73.3598(b). VISC should be aware that an authorization to modify a construction permit bears the same completion deadline as the underlying construction permit; no additional time is provided by the modification. See Streamlining R&O, 13 FCC Rcd at 23090. Therefore, VISC should take all preliminary steps at the earliest date possible to ensure that all construction in Vieques can be completed
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  • rules and policies regarding settlements, including the requirements of Sections73.3525, 73.3588, and 73.3589. Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. 8. Section 73.3598 is amended by revising paragraph (a) to read as follows: � 73.3598 Period of Construction. (a) 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; FM booster station; or to make changes in such existing stations, shall specify a period of three years from
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  • and dismiss its Opposition to JNE's Petition for Reconsideration. B. Substantive Issues 15. Tolling. The primary substantive question in JNE's Application for Review is whether the 2004 Litigation should have triggered tolling of the three-year construction period for KSDG(AM). JNE argues that tolling is mandatory for any zoning-related litigation, including the 2004 Litigation. We disagree. With respect to litigation, Section 73.3598(b) establishes a threshold test: the litigation must arise from circumstances ``not under the control of the permittee.'' Additionally, where, as here, the litigation does not relate to ``the grant of the permit,'' the litigation must: (1) be pending before ``any court of competent jurisdiction;'' (2) relate to ``any necessary local, state, or federal requirement for the construction or operation of
• http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-144A1.pdf
  • KBLA(AM). That possibility did not materialize. Royce has since reported that, following unsuccessful attempts to use several other sites, it obtained reasonable assurance from the City of Glendale, California, on February 15, 2006, to use a municipally owned site in Scholl Canyon. Such post-construction deadline efforts, however, warrant neither a waiver of the Commission's procedural rules nor of the Section 73.3598-mandated construction deadlines. We conclude that the KIEV(AM) permit expired under its own terms on April 25, 2002, as a result of the Bureau's denial of Royce's request for additional construction time and Royce's failure either to file a timely Application for Review of that ruling or to construct within the time allotted. Having resolved this case procedurally, we need not
• http://www.fcc.gov/fcc-bin/audio/FCC-08-21A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-21A1.pdf
  • January 18, 2008 By the Commission: I. BACKGROUND 1. The Commission has before it an Application for Review filed by Cram Communications, LLC (``Cram''), permittee of unbuilt broadcast station WVOA(AM), DeWitt, New York. Cram seeks review of a September 24, 2004, staff decision (``Staff Decision'') which denied, in part, its request to ``toll'' the station's construction period pursuant to Section 73.3598(b) of the Commission's Rules (the ``Rules''). For the reasons set forth below, we deny the Application for Review. 2. On January 16, 2002, the staff granted a permit authorizing Cram to construct a new AM station, WVOA(AM). The permit specified a construction deadline of January 16, 2005. The permit also specified two transmitter sites, one for daytime operations (the ``Wolf
• http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.pdf
  • new site free from zoning difficulties.'' Streamlining Report & Order, 13 FCC Rcd at 23091. The three-year construction period is only ``tolled'' for certain limited encumbrances: acts of God, administrative and judicial review of a permit grant, failure of a condition precedent on the permit, or judicial action related to necessary local, state, or federal requirements. See 47 C.F.R. � 73.3598(b). File No. BMP-970829AA. See February 9, 1999, Staff Decision, supra n. 12. On review, SRC reiterates that Royce's major modification application for KIOQ(AM) should have been dismissed due to violation of the Commission's inconsistent application rule. Specifically, SRC argues that Royce's 1997 application to modify the KIOQ(AM) construction permit conflicted with its 1996 KIOQ(AM) modification application (File No. BMP-960907AA), which
• http://www.fcc.gov/fcc-bin/audio/FCC-08-43A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-43A1.pdf
  • filed by KSBN Radio, Inc. IS DISMISSED to the extent indicated herein and DENIED in all other respects. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Petition for Reconsideration of KSBN Radio, Inc. (Nov. 3, 2004). See KSBN Radio, Inc., Memorandum Opinion and Order, 19 FCC Rcd 20162 (2004) (``Decision''). Id. at 20163. Id. at 20166. See also 47 C.F.R. � 73.3598(b)(ii). See 47 C.F.R. � 1.106(b)(2). See 47 C.F.R. � 1.106(b)(3). See 47 C.F.R. � 1.106(c). 47 C.F.R. � 73.1690(b)(1). Petition at 2 (emphasis in original); See Decision, 19 FCC Rcd at 20163, note 10. Petition at 3. See Decision at 20167, note 39 (citing 47 U.S.C. �� 301 and 319(c); 47 C.F.R. � 73.33(b)). Id. at 20163, note 10. KRI's
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  • which it relied. As noted above, the Commission's rules require that requests for tolling be filed within 30 days of the event upon which the request is based. The May Decision therefore correctly concluded that the WDMV(AM) permit was not eligible for tolling treatment or construction period waiver. 10. We reject Birach's contention that the timely notification requirement in Section 73.3598(c) of the Rules is inapplicable to events which, like New World's reconsideration filing, occur as the result of proceedings before the Commission. In establishing the requirement of timely notification, the Commission did not limit the rule to matters outside of the agency. Indeed, the Commission specifically required notification of the commencement and termination of administrative review, which by definition is
• http://www.fcc.gov/fcc-bin/audio/FCC-10-108A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-108A1.pdf
  • process must be both fair and consistent,'' and maintaining the integrity of the auctions process benefits all applicants). While the Larga Vista AFR is partially styled as a request for ``emergency tolling,'' such relief is unavailable here. The term ``tolling'' refers to suspension of the construction period for a station, not a delay in filing an application. 47 C.F.R. � 73.3598(b). In any event, it is well established that tolling is only available to an applicant involved in administrative review that is beyond its control, i.e., brought by a third party, not to an applicant that has itself prolonged administrative proceedings by seeking review of a staff or Commission action. See, e.g., Birach Broadcasting Corp., Memorandum Opinion and Order, 23 FCC
• http://www.fcc.gov/fcc-bin/audio/FCC-10-158A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-158A1.pdf
  • and is dismissed. 8. Moreover, even were we to consider the AFR on its merits, we would reject JFB's claims. We concur in the Bureau's reasoning in treating the tolling request as one for waiver of the three-year construction deadline, and agree with the Bureau that JFB does not plead any of the grounds for tolling set forth in Section 73.3598(b) of our Rules, nor does he set forth ``special circumstances'' justifying waiver of the three-year construction period. Moreover, as noted above, events subsequent to JFB's filing the AFR have only underscored the correctness of the Staff Decision. For the reasons set forth in both the Staff Decision and the Fireside Reconsideration Order, we reject the major premises underlying JFB's claim
• http://www.fcc.gov/fcc-bin/audio/FCC-11-72A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-72A1.pdf
  • filed an application for modification of license to upgrade its station WBBN(FM), Taylorsville, Mississippi (the ``BCI Application'') from Channel 240C2 to Channel 240C1. The BCI Application conflicts with the WRKH Upgrade Application. On June 15, 2005, CCBL filed the License Application. 3. On June 24, 2005, BCI filed a Petition to Dismiss the License Application. It argued that under Section 73.3598(e) of the Commission's Rules (the ``Rules''), CCBL forfeited the Construction Permit by failing to timely file the License Application. In Opposition, CCBL contended that the License Application was timely because Section 73.1620(a)(1) allows permittees 10 days from the start of program tests to file a covering license application, and therefore, license application preparation was a Commission-recognized ``encumbrance'' that tolled expiration
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • implement regulations regarding minor changes to licensed facilities whereby a modified license may be issued without prior issuance of a construction permit. The Commission has recently implemented "one-step" licensing procedures that can be used in specified circumstances. See Certain Minor Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371 (1997); 47 C.F.R. ( 73.1690. 47 C.F.R. ( 73.3598(a)-(b). Although the construction period for ITFS is set forth in Section 73.3598, ITFS is a point-to-point microwave (non-broadcast) service and is therefore outside the scope of the proposals contained in this Mass Media streamlining initiative. See 47 U.S.C. ( 319(b). Our rule implementing ( 319(b) provides that a construction permit "shall be declared forfeited if the station is not ready
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • Dismissal of petitions to deny or withdrawal of informal objections. [680]TEXT [681]PDF 73.3589 Threats to file petitions to deny or informal objections. [682]TEXT [683]PDF 73.3591 Grants without hearing. [684]TEXT [685]PDF 73.3592 Conditional grant. [686]TEXT [687]PDF 73.3593 Designation for hearing. [688]TEXT [689]PDF 73.3594 Local public notice of designation for hearing. [690]TEXT [691]PDF 73.3597 Procedures on transfer and assignment applications. [692]TEXT [693]PDF 73.3598 Period of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT
• http://www.fcc.gov/mb/audio/bickel/infoCP.html
  • date may be shown on the new authorization. In this case, the expiration date of the original BPH- or BPED- construction permit remains in effect for the modification permit. Before this date has passed, construction MUST be completed and a license application electronically filed to cover this permit unless the construction period has been approved for tolling. See [13]47 CFR 73.3598(b). Please be aware that the filing of a modification application (see section below) will not extend the expiration date of a construction permit. Similarly, the filing of a petition for rulemaking to change an allotment in the FM commercial band will not extend the expiration date of a construction permit. Once a license application is electronically filed to cover a
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • of any judicial review; proposed site/community change is not beyond permittee's control. October 26, 2001 Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station KRZB(FM), Archer City, Texas MO&O, FCC 01-317, 16 FCC Rcd 19167, released October 26, 2001 [ [533]PDF | [534]Word ] Clarification to permittees that only the circumstances explicitly listed in [535]47 CFR Section 73.3598 and decisions will toll a construction permit (see paragraph 10). April 12, 2001 Tolling Request of WREL-FM, Buena Vista, VA Letter, dated April 12, 2001 [ [536]Word ]. Short tolling period granted due to "failure of a Commission-imposed condition." April 9, 2001 Tolling Request for a NEW station, Brookline, MO Letter, dated April 9, 2001 [ [537]Word ]. Tolling granted
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • of any judicial review; proposed site/community change is not beyond permittee's control. October 26, 2001 Texas Grace Communications, Request to Toll the Period to Construct Unbuilt Station KRZB(FM), Archer City, Texas MO&O, FCC 01-317, 16 FCC Rcd 19167, released October 26, 2001 [ [486]PDF | [487]Word ] Clarification to permittees that only the circumstances explicitly listed in [488]47 CFR Section 73.3598 and decisions will toll a construction permit (see paragraph 10). April 12, 2001 Tolling Request of WREL-FM, Buena Vista, VA Letter, dated April 12, 2001 [ [489]Word ]. Short tolling period granted due to "failure of a Commission-imposed condition." April 9, 2001 Tolling Request for a NEW station, Brookline, MO Letter, dated April 9, 2001 [ [490]Word ]. Tolling granted
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • Dismissal of petitions to deny or withdrawal of informal objections. [633]TEXT [634]PDF 73.3589 Threats to file petitions to deny or informal objections. [635]TEXT [636]PDF 73.3591 Grants without hearing. [637]TEXT [638]PDF 73.3592 Conditional grant. [639]TEXT [640]PDF 73.3593 Designation for hearing. [641]TEXT [642]PDF 73.3594 Local public notice of designation for hearing. [643]TEXT [644]PDF 73.3597 Procedures on transfer and assignment applications. [645]TEXT [646]PDF 73.3598 Period of construction. [647]TEXT [648]PDF 73.3601 Simultaneous modification and renewal of license. [649]TEXT [650]PDF 73.3603 Special waiver procedure relative to applications. [651]TEXT [652]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [653]TEXT [654]PDF 73.3612 Annual employment report. [655]TEXT [656]PDF 73.3613 Filing of contracts. [657]TEXT [658]PDF 73.3615 Ownership reports. [659]TEXT [660]PDF 73.3617 Information available on the Internet. [661]TEXT
• http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
  • ]. Consent decree: [ [651]PDF | [652]Word ]. Consent decree adopted and assignment granted, with conditions. October 30, 2009 Three Eagles of Lincoln, Inc., re expired construction permit for KXFT (FM), Manson, IA, Letter, DA 09-2360, released October 30, 2009. [ [653]PDF | [654]Word ]. Petition for reconsideration dismissed as procedurally defective, but when treated as a waiver of Section 73.3598 is granted, and construction permit reinstated and license application granted. October 30, 2009 Great Lakes Community Broadcasting, Inc. and Great Lakes Broadcast Academy, Inc., Memorandum Opinion and Order (MO&O), DA 09-2361, released October 30, 2009. [ [655]PDF | [656]Word ]. Denied reconsideration of an order holding that authorizations for several FM and FM translator stations expired by operation of law.
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  • Damascus Application, asserting that it improperly relied on the presumed validity of Birach's new WWCS Application, which New World claims was defective because it attempted to revive a construction permit automatically forfeited under the Commission's regulations. See August 23, 2001 New World Petition for Reconsideration of Reinstatement of Damascus Application at 4 p 6 & n.5 (citing 47 C.F.R. � 73.3598(e)). New World also claimed that reinstatement was premature because "the Division also needs to address a number of other issues related to the [Damascus] Application," (e.g., New World's petition to dismiss or deny). Id. at 4-5 p 7. A separate Audio Services Division letter ruling related to a modification application for Station WWTL(AM) filed by Birach's sister company, Elijah Broadcasting