Sec.  74.788   Digital construction period.

   (a) Each original construction permit for the construction of a new digital
   low power television or television translator station shall specify a period
   of three years from the date of issuance of the original construction permit
   within which construction shall be completed and application for license
   filed.

   (b) Any construction permit for which construction has not been completed
   and for which an application for license or extension of time has not been
   filed, shall be automatically forfeited upon expiration without any further
   affirmative cancellation by the Commission.

   (c) Authority delegated. (1) Authority is delegated to the Chief, Media
   Bureau to grant an extension of time of up to six months beyond the relevant
   construction period for each original construction permit upon demonstration
   by the digital licensee or permittee that failure to meet the construction
   deadline is due to circumstances that are either unforeseeable or beyond the
   licensee's control where the licensee has take all reasonable steps to
   resolve the problem expeditiously.

   (2) Such circumstances shall include, but shall not be limited to:

   (i) Inability to construct and place in operation a facility necessary for
   transmitting digital television, such as a tower, because of delays in
   obtaining zoning or FAA approvals, or similar constraints;

   (ii) The lack of equipment necessary to obtain a digital television signal;
   or

   (iii) Where the cost of construction exceeds the station's financial
   resources.

   (3) The Bureau may grant no more than two extension requests upon delegated
   authority. Subsequent extension requests shall be referred to the
   Commission. The Bureau may deny extension requests upon delegated authority.

   (4) Applications for extension of time shall be filed no earlier than 90 and
   no later than 60 days prior to the relevant construction deadline, absent a
   showing of sufficient reasons for filing within less than 60 days of the
   relevant construction deadline.

   [ 69 FR 69334 , Nov. 29, 2004]