FCC Grants DTV Build-Out Extensions and "Use-It or Lose-It" Waivers

On Friday, the Commission issued two digital television Orders acting on 145 requests for extension of time to construct DTV facilities, and 192 requests for waiver of the "use-it or lose-it" deadlines.  These Orders, available here and here, are the next substantive steps in the DTV transition and resolve requests for extension of time and waivers that have been pending for the past year or so. 

Reasons for seeking an extension of time to construct DTV facilities or a waiver of the "use-it or lose-it" deadline ran the gamut from financial hardship, to equipment delays, to needing to swap a digital antenna for an analog antenna in the top-mount position on a tower.  The Commission emphasized that licensees have had a significant amount of time to plan for the transition and that it is essential that all stations complete the transition to digital in a timely fashion, however, it appeared to be fairly understanding of the circumstances facing stations as it granted the vast majority of the requests, including many for financial hardship.  Only a handful of applications for extension of time or for a waiver of the "use-it or lose-it" deadline were denied, with the bulk of the stations receiving a standard six-month extension of time to construct and to comply with the increased coverage deadlines.  Stations that had pending DTV extension or waiver requests are encouraged to review the orders carefully, as the Commission granted several different categories of extensions depending on the particular facts and circumstances. 

In addition, the Commission simultaneously released its awaited Notice of Proposed Rule Making regarding the Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, the details of which will be discussed in a subsequent posting.  This NPRM was adopted at the April Open Commission Meeting and was summarized in earlier blogs, which can be found here

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