§ 74.788   Digital construction period.

   (a) Each original construction permit for the construction of a new digital
   low power television or television translator station shall specify a period
   of three years from the date of issuance of the original construction permit
   within which construction shall be completed and application for license
   filed.

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

   (c) Authority delegated. (1) For the September 1, 2015 digital construction
   deadline, authority is delegated to the Chief, Media Bureau to grant an
   extension  of  time  of up to six months beyond September 1, 2015 upon
   demonstration by the digital licensee or permittee that failure to meet the
   construction deadline is due to circumstances that are either unforeseeable
   or beyond the licensee's control where the licensee has take all reasonable
   steps to resolve the problem expeditiously.

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

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

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

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

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

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

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

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

   [ 69 FR 69334 , Nov. 29, 2004, as amended at  76 FR 44828 , July 27, 2011]

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