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 Federal  Communications  Commission  DA  03-  773 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Request  for  Extension  of  Time  to  Construct  Digital  Facilities 
 WTXX-  DT,  Waterbury,  Connecticut 


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 File  No.  BEPCDT-  20020304AAG  ID  No.  14050 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  12,  2003  Released:  March  13,  2003 
 By  the  Chief,  Media  Bureau: 
 1.  The  Media  Bureau  (the  “Bureau”)  has  before  it  a  petition  for  reconsideration  filed  by  WTXX  ,  Inc.  (WTXX),  licensee  of  WTXX-  DT,  Waterbury,  Connecticut,  seeking  reconsideration  of  the 
 Media  Bureau’s  letter  of  June  12,  2002,  denying  its  request  for  an  extension  of  time  to  construct  the  digital  facilities  for  WTXX-  DT  and  admonishing  WTXX  for  failing  to  meet  the  May  1,  2002,  construction  deadline 
 for  DTV  facilities.  For  the  reasons  stated  below,  we  grant  the  petition. 
 2.  WTXX’s  petition  contains  additional  information  concerning  the  zoning  disputes  that  have  delayed  its  ability  to  utilize  its  approved  tower  and  commence  operations.  WTXX  also  points  out 
 that  this  same  controversy  warranted  a  grant  of  the  extension  of  time  requests  of  two  other  DTV  permittees.  This  additional  information  demonstrates  that  WTXX’s  delays  were  the  result  of 
 circumstances  beyond  its  control.  In  addition,  on  July  30,  2004,  WTXX-  DT  was  granted  Special  Temporary  Authority  to  provide  a  low-  power  DTV  service  to  its  community  of  license.  Based  on  the 
 information  now  before  us,  we  conclude  that  WTXX’s  request  for  an  extension  of  time  to  construct  its  digital  facilities  is  justified. 


 3.  ACCORDINGLY,  IT  IS  ORDERED,  THAT  the  petition  for  reconsideration  filed  by  WTXX,  Inc.  IS  GRANTED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 W.  Kenneth  Ferree  Chief,  Media  Bureau 
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