FCC Refuses to Grant Leniency on Construction of New Radio Station After Construction Permit Deadline - Cancels Permit

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When building a new radio station, the FCC gives broadcasters three years in which to construct.  The deadline for construction can only be extended for limited reasons (referred to as circumstances that justify "tolling" of the permit) - for a short term equal to the period that an Act of God (e.g. a hurricane, blizzard or flood that restricts access to the proposed transmitter site) delays construction, for a Court appeal of an adverse zoning ruling, or for an appeal or challenge to the underlying grant of the construction permit itself.  While waivers of these deadlines are possible - they are very rare, and usually granted only where the completion of construction misses the deadline by a matter of days.  In a case decided last week, the FCC reiterated its policy, and canceled a construction permit for a new AM station despite the fact that the station towers had allegedly been constructed, as it appeared that even that construction occurred after the construction deadline, and there was no clear time frame in which the final steps would be taken (including the proof of performance) that would allow the station to file a license application showing that all construction had been completed in accordance with the parameters set out in the construction permit.

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Published In: Communications & Media Updates, Construction Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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