If you find yourself in a situation where you’re already on the air with a compliant facility, but you haven’t filed a Form 319, and your construction permit has expired, it’s crucial to take the following steps:
If you find yourself in a situation where you’re already on the air with a compliant facility, but you haven’t filed a Form 319, and your construction permit has expired, it’s crucial to take the following steps:
- Consult the FCC: Reach out to the Federal Communications Commission (FCC) promptly to discuss your situation. Explain the circumstances and seek their guidance on the necessary actions to rectify the expired construction permit.
- File Form 319: Even though your construction permit has expired, you should still file Form 319 as soon as possible. This form is typically used for minor modifications or corrections to existing facilities. While it may not fully address the expired permit, it’s an essential step to bring your station into compliance.
- Consider Legal Counsel: Depending on the specifics of your situation, it might be advisable to consult with legal experts who specialize in broadcasting regulations. They can provide guidance on the best course of action to resolve the permit issue.
- Prepare for Renewal: If your construction permit can’t be reinstated, you should start preparing for a renewal application. Be diligent in meeting all renewal requirements and deadlines to continue broadcasting legally.
- Maintain Compliance: In the interim, ensure that your facility remains in compliance with FCC rules and regulations. Continue operating as a responsible broadcaster while addressing the permit issue.
Remember that timely communication with the FCC and taking appropriate corrective actions are essential in resolving this situation. Each case can be unique, so seeking expert advice may be beneficial in navigating the regulatory process effectively.
Please note that the following information pertains to original construction permits and not modifications.
Nexus is aware of a legal precedent that might allow you to file a Form 319, provided the following conditions are met:
- The Form 319 submission occurs within 30 days of the permit’s expiration.
- Your compliant facility was actively broadcasting on the day the permit expired.
If you believe your situation aligns with these criteria and requires the filing of a Form 319 based on the case law, please contact Nexus.
It’s essential to emphasize that, if you decide to file a Form 319 under this case law, your station must have been broadcasting at the time of permit expiration. Submitting a Form 319 for a station that hasn’t been constructed could be perceived as misrepresentation intended to deceive the FCC, potentially affecting your organization’s eligibility as a Commission licensee. In other words, if a license has been issued, it could be subject to revocation, and your organization may also face forfeiture.
Additionally, any broadcasting conducted after your Construction Permit (CP) has expired might be viewed by the Commission as an unauthorized operation. This could lead to enforcement actions, including forfeitures (fines), admonishments (warnings), or no enforcement action at all.
Furthermore, it’s crucial to be aware that the FCC mandates stations that have completed construction and are operating under Program Test Authority to file Form 319 within 10 days of construction completion. Requesting a license after the 10-day period following the initial operation may raise questions and expose you to potential penalties.
In summary, honesty and transparency with the FCC are paramount, even when addressing regulatory challenges. This underscores the importance of requesting an extension for your construction permit and ensuring timely compliance with FCC rules and requirements.