FCC Media Bureau Repeats Warning About the Use of Temporary FM
Facilities to Meet Construction Deadlines
By David Oxenford on September 23, 2015
Posted in FM Radio, General FCC, Broadcast Law Blog
The FCC’s Media Bureau this week released a decision denying the license
applications of five new FM stations, and cancelling the construction
permits for those stations. While the principal reasons for the denial
of the license applications was the failure of the applicant to complete
the applications correctly after the several deadlines imposed by the
FCC, the decision also issued another reminder to broadcasters that they
cannot construct temporary facilities to meet a construction deadline,
and then dismantle those facilities soon after filing the license
application. As in the case earlier this year that we wrote about here,
the Bureau is expecting that stations will turn on their stations for
the purposes of operating and serving the people within their service
area when they seek their licenses. They cannot turn on the station
simply for the purposes of filing for the license, and then dismantle
the facilities and turn the station back off the air.
The decision also makes clear that license applications (on Form 302,
and on Form 350 for translators) cannot be filed only partially complete
on a deadline date. The Bureau states that the permittee must construct
the station and file a license application demonstrating proper
construction in a timely fashion. The applicant cannot file a bare bones
application, and then file supplemental information demonstrating
post-construction meeting of permit conditions (like demonstrating
compliance with RF radiation limits, or compliance with the main studio
rules). So, if you are facing a construction deadline, be sure to plan
early so that you can meet the deadline, have the station operating
properly in compliance with all conditions by the deadline date, and
then file a complete application by the deadlines specified in the
construction permit and in the FCC’s rules.
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Duane Whittingham - N9SSN - Fort Mitchell, KY
(ARES/RACES, EmComm, Skywarn & Red Cross)
http://www.radiodude.info
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