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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  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).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  NEWS  MEDIA  CONTACT:  May  16,  2002  David  Fiske  (202)  418-  0513 
 Audrey  Spivack  418-  0512 


 FCC  SETS  RULEMAKING  TO  ESTABLISH  REMEDIAL  MEASURES  FOR  UNEXCUSED  FAILURE  TO  CONSTRUCT  DIGITAL  TELEVISION  FACILITIES 


 Washington,  DC  –  The  Federal  Communications  Commission  today  initiated  a  rulemaking  proceeding  to  examine  what  measures  it  should  take  regarding  television  broadcasters  who  fail  to 
 meet  their  digital  television  (“  DTV”)  construction  deadlines.  All  commercial  broadcasters  were  required  to  construct  their  digital  facilities  by  May  1,  2002. 


 In  the  notice  of  proposed  rulemaking  (“  NPRM”),  the  Commission  affirmed  its  commitment  to  the  “rapid  build  out  of  a  nationwide  DTV  system,”  and  stated  its  intent  to  prevent  undue  delay  in 
 the  transition  to  digital  transmission.  The  NPRM  seeks  comment  on  tentative  proposals  for  a  series  of  graduated  sanctions  for  licensees  who  do  not  demonstrate  that  their  failure  to  construct 
 their  digital  facilities  has  been  due  to  circumstances  that  were  either  unforeseeable  or  beyond  their  control,  or  legitimate  financial  hardship  for  those  entitled  to  make  such  a  showing. 


 The  tentative  proposals  contemplate  an  increasingly  severe  level  of  sanctions  every  six  months  the  licensee  fails  to  construct,  beginning  with  admonishment,  followed  by  issuance  of  notices  of 
 apparent  liability  for  forfeiture,  and  culminating  in  rescission  of  the  licensee’s  DTV  authorization.  The  Commission  directed  the  staff  to  apply  appropriate  sanctions  on  a  case-  by-case 
 basis  during  the  pendency  of  the  rulemaking.  Comments  in  the  NPRM  are  due  30  days  after  publication  in  the  Federal  Register;  reply  comments  are  due  45  days  following  publication  in  the 
 Federal  Register. 
 The  Commission  also  took  action  with  regard  to  the  further  extension  requests  filed  by  nine  commercial  television  stations  seeking  an  extension  of  their  November  1,  1999  DTV 
 construction  deadline.  Stations  affiliated  with  ABC,  CBS,  Fox  and  NBC  television  networks  were  required  to  build  DTV  facilities  in  television  markets  eleven  (11)  through  thirty  (30)  by 
 November  1,  1999.  The  Commission  granted  the  stations  an  extension  of  their  DTV  construction  deadline  to  six  months  from  the  release  date  of  the  order.  In  addition,  one  licensee 
 received  reporting  conditions  and  must  submit  a  report  to  the  Commission  within  ninety  (90)  days  detailing  its  progress  on  its  construction  timetable. 
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 Further,  the  Commission  clarified  that  its  “minimum-  facilities”  Special  Temporary  Authorization  (“  STA”)  policy  regarding  licensees  who  construct  less  than  their  authorized  facilities  will  not  be 
 applied  to  network-  affiliated,  top-  thirty  television  market  licensees.  In  its  November  15,  2001  Memorandum  Opinion  and  Order  in  the  DTV  periodic  review  proceeding,  the  Commission 
 permitted  television  licensees  subject  to  the  May  1,  2002  (commercial)  or  May  1,  2003  (noncommercial)  construction  deadlines  to  build  minimal  initial  facilities  to  satisfy  their  DTV 
 build-  out  obligations.  Licensees  thus  operating  pursuant  to  a  “minimum-  facilities”  STA  by  their  respective  deadlines  (either  May  1,  2002  or  May  1,  2003)  would  be  considered  in  compliance 
 with  their  construction  deadline  and  their  outstanding  construction  permits  will  be  automatically  extended  until  such  time  as  the  Commission  determines  otherwise. 


 In  its  clarification,  the  Commission  reaffirmed  that  the  construction  and  operation  of  DTV  facilities  by  network-  affiliated,  top-  thirty  television  market  licensees  “is  key  to  the  development 
 of  a  nationwide  DTV  system.”  The  Commission  held  that  it  will  continue  to  review  extension  requests  from  these  licensees  on  a  case-  by-  case  basis,  and  determine  whether  each  station  has 
 demonstrated  that  a  further  extension  is  appropriate. 
 Action  by  the  Commission  May  16,  2002,  by  Order  and  Notice  of  Proposed  Rulemaking  (FCC  02-  150).  Chairman  Powell,  Commissioners  Abernathy,  Copps,  and  Martin,  with  Commissioners 
 Abernathy,  Copps  and  Martin  issuing  separate  statements. 
 MM  Docket  02-  113 
 -  FCC  – 
 Media  Bureau  Contacts:  Rick  Chessen  (202)  418-  2602;  Shaun  Maher  (202)  418-  2324 
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 Network-  Affiliated,  Top  30  Television  Market  Stations  Granted  an  Extension  of  their  DTV  Construction  Deadline 
 Call  Sign  City  ST  Reason  for  Delay 
 WBBM-  DT  Chicago  IL  Interference  to  cable.  KTVT-  DT  Ft.  Worth  TX  Delay  in  manufacture  of  new  antenna  system. 
 WTVJ-  DT  Miami  FL  Pending  rulemaking.  KMGH-  DT  Denver  CO  Zoning  delays. 
 KCNC-  DT  Denver  CO  Zoning  delays.  KUSA-  DT  Denver  CO  Zoning  delays. 
 WFSB-  DT  Hartford  CT  Pending  rulemaking.  WTIC-  DT  Hartford  CT  Zoning  delays  and  pending  rulemaking. 
 WVIT-  DT  New  Britain  CT  Zoning  delays. 
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