Federal Communications Commission DA 21-683 DA 21-683 Released: June 11, 2021 MEDIA BUREAU REMINDS CERTAIN PERMITEES OF NEW DIGITAL LOW POWER TELEVISION AND TELEVISION TRANSLATOR STATIONS OF UPCOMING JULY 13, 2021 CONSTRUCTION PERMIT EXPIRATION DEADLINE The Media Bureau (Bureau), by this Public Notice, reminds certain permittees of new digital low power television and television translator (LPTV/translator) stations that their construction deadline – July 13, 2021 – is fast approaching. This Public Notice contains information concerning the procedures these permittees must follow to ensure successful completion of their construction. Construction Permits For New Digital LPTV/Translator Stations Expiring July 13, 2021 We remind permittees for new digital LPTV/translator stations with July 13, 2021 construction permit expiration dates Construction permits for new digital LPTV/translator stations granted before the December 17, 2015 release of the Commission LPTV DTV Third R&O were assigned an expiration date of July 13, 2021 – the Commission’s LPTV digital transition deadline. See 47 CFR § 74.788(a); see also Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, MB Docket No. 03-185, Third Report and Order and Fourth Notice of Proposed Rulemaking, 30 FCC Rcd 14927, 14935, para. 16 (2015) (LPTV DTV Third R&O). Construction permits for new digital LPTV/translator stations granted after December 17, 2015, were assigned an expiration date of the later of either July 13, 2021 or three years from the date of issuance of the original construction permit. See 47 CFR § 74.788(a). that, no later than 11:59 p.m. local time on July 13, 2021, they must complete construction of their facilities, begin operating, and within 10 days file a license to cover application. See 47 CFR §§ 73.1620(a)(1) and 74.788(a). Failure to do so will result in the construction permit being automatically forfeited without any further affirmative cancellation by the Commission. See 47 CFR § 74.788(b). Cancellation of a construction permit and deletion of the facility call sign in the Commission’s Licensing and Management System (LMS) is an administerial function and does not constitute an official Commission action. Instructions on filing an application for license to cover are included in the Appendix. Late-Filed Construction Permit Extension Applications Permittees for new digital LPTV/translator stations with July 13, 2021 expiration dates that find that they will need additional time to complete their new digital facilities may submit an application for extension of digital construction permit. Because the March 15, 2021 deadline for filing an extension of digital construction permit (CP extension filing deadline) has already passed, Pursuant to section 74.788(c)(3) of the rules, permittees for new digital LPTV/translator stations with July 13, 2021 expiration dates were afforded one last opportunity to seek an extension of their digital construction permits, of not more than 180 days. Applications for extension of digital construction permits were due March 15, 2021. See Media Bureau Reminds Low Power Television and Television Translator Stations of July 13, 2021, Digital Transition Date, Public Notice, DA 21-260 (rel. Mar. 4, 2021). applicants will need to include a request for waiver of the CP extension filing deadline. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); 47 CFR § 1.3 (waiver for good cause shown). Waiver of the Commission’s rules is appropriate only if both (i) special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest. Network IP v. FCC, 548 F.3d 116, 125-28 (D.C. Cir. 2008). We encourage such stations to submit their extension applications and filing deadline waivers as soon as possible to ensure that they will be considered before the July 13, 2021 expiration of their digital construction permit. We also note that additional time to construct beyond the initial 180-day extension may be sought only pursuant to the Commission’s “tolling” rule. The tolling rule provides that a construction permit deadline may be tolled only for specific circumstances not under the licensee’s control, such as acts of God or delays due to administrative or judicial review. See 47 CFR § 73.3598(b). We note that the section 73.3598(b) tolling standard does not provide relief for financial hardship, except that paragraph (b)(2) would toll the construction deadline for a station that could not build because of a pending bankruptcy court action. See Implementation of the DTV Delay Act, MB Docket No. 09-17, Third Report and Order and Order on Reconsideration, 24 FCC Rcd 3399, 3429, n.156 (2009). Stations may also seek a waiver of the tolling rule to receive additional time to construct in the case where “rare or exceptional circumstances” prevent construction, following the instructions for requesting tolling in the Appendix. See 1998 Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17536, para. 42 (1999). Permittees must electronically file tolling and tolling waiver requests via LMS, in accordance with the instructions in the Appendix. Instructions for filing an extension application are included in the Appendix. Surrender/Cancellation of Construction Permits Permittees that do not plan to complete construction of their digital facilities are encouraged to submit their construction permits for cancellation as soon as possible. Instructions for requesting cancellation of a construction permit are included in the Appendix. All other construction permits for which the station is not constructed and operational by July 13, 2021, and a license to cover filed within 10 days will have its construction permit automatically forfeited without any further affirmative cancellation by the Commission. See 47 CFR § 74.788(b) and supra note 3. Additional Information or Questions For additional information or questions, please contact Mark Colombo (technical questions), Mark.Colombo@fcc.gov, (202) 418-7611, or Shaun Maher (legal questions), Shaun.Maher@fcc.gov, (202) 418-2324, of the Video Division, Media Bureau. -FCC- APPENDIX INSTRUCTIONS FOR ACCESSING AND FILING ON LMS General Log-in Instructions Access the LMS applicant data entry home page here: https://enterpriseefiling.fcc.gov/dataentry/login.html Login using the FRN associated with the station. For more information and help using the LMS system, contact: (877) 480-3201 TTY: (717) 333-2824. FCC Form 2100 – Schedule D – Application for License 1. Click on “Authorizations” tab on the left top of the page. 2. Click on construction permit authorization. 3. Click on “File an Application” button. 4. Select “license to cover” from drop down menu. 5. Complete the application and click “Submit.” FCC Form 2100 – Schedule 337 – Application for Extension of Time 1. Click on “Authorization” tab on the left top of the page. 2. Click on construction permit authorization. 3. Click on “File an Application” button. 4. Select “Extension of Construction Permit” from the drop-down menu. 5. Complete the application and click “Submit” FCC Form 2100 – Schedule Tolling – Application for Tolling or Waiver of Tolling Rule 1. Click on “Authorizations” tab on the left top of the page. 2. Click on construction permit authorization. 3. Select “File an Application” button. 4. Select “Tolling” from the drop-down menu. 5. Complete the application and click “Submit.” Request to Cancel Construction Permit 1. Click on “Facility” tab on the left top of the page. 2. Click on facility ID of the station. 3. Click on “File an Application” button. 4. Select “Cancellation” from the drop-down menu. 5. Complete the application and click “Submit.” 3