What is the process for requesting an extension of a construction permit (CP)?

To extend a construction permit (CP), follow these steps:

1. Review the Expiration Date: First, determine the expiration date of your construction permit. This information is crucial as you need to request an extension before it expires.
2. Prepare a Request for Extension: Draft a formal written request for an extension of your construction permit. Your request should include the following details:
   • The station’s call sign.
   • The construction permit’s file number.
   • The reason for the extension request. Be specific and provide a valid justification, such as unforeseen delays, technical issues, or other relevant factors.
   • The new proposed construction completion date. Ensure this date is realistic and achievable.
3. Submit the Request to the FCC: Send your extension request to the Federal Communications Commission (FCC). You can typically submit this request through the FCC’s electronic filing system or by mail, following the specific procedures outlined by the FCC for construction permit extension requests.
4. Include Supporting Documentation: Depending on the reason for your extension request, you may need to provide supporting documentation. For example, if the delay is due to technical issues, include technical reports or assessments explaining the challenges and the steps taken to address them.
5. Pay Any Required Fees: Check if there are any fees associated with your extension request. The FCC may require payment for processing your extension application.
6. Await FCC Response: Once your request is submitted, the FCC will review it. Be patient during this process, as it may take some time for the FCC to process extension requests.
7. Comply with Any Conditions: If the FCC approves your extension request, make sure to adhere to any conditions or requirements set by the FCC regarding the new construction completion date.
8. Construction Progress: Use the extended time wisely to make progress toward completing the construction. Keep records of the work done and any challenges encountered.
9. Construction Completion: Ensure that the construction is completed by the new proposed date as approved by the FCC.
10. On-Air Testing and Licensing: After construction, perform on-air testing to confirm that the station is operating as required. Once everything is in order, apply for the necessary licenses and permits to begin broadcasting.

In late 2019, the FCC introduced significant changes regarding LPFM construction permits. These changes include the issuance of three-year LPFM construction permits, whether for new construction or modifications. Consequently, unlike the previous practice, the FCC will not routinely grant extensions for construction permits.

Tolling of a construction permit is now only available in exceptional cases, such as those involving Acts of God or when there are judicial or administrative reviews in progress.

For applicants who have a Mexican concurrence condition in their construction permit, indicated by a specific statement, the following applies:

If your construction permit contains a condition like this:

“This application is being granted prior to the completion of the international notification process. Therefore, any construction of and operation with the facilities specified herein is at the applicant’s own risk and subject to modification, suspension, or termination without the right to a hearing if objected to by the Instituto Federal de Telecomunicaciones (“IFT”) in Mexico or if found necessary by the Commission or the IFT to conform to the 1992 USA-Mexico FM Broadcasting Agreement. This condition will be removed if formal acceptance of the facilities granted herein is received from the IFT.”

In this case, your construction permit is immediately eligible for tolling for the duration it takes to obtain Mexican concurrence. Once you receive Mexican concurrence, the FCC staff will automatically extend the construction permit by the corresponding time. In simple terms, if you prefer to wait for Mexican concurrence before starting construction, you have the option to do so.

If you find yourself in a tolling situation and require assistance, please don’t hesitate to reach out to  Nexus Broadcast for guidance and support.

Remember that construction permit extensions are typically granted for valid reasons, but it’s essential to provide a well-justified request and to follow the FCC’s procedures precisely. Failure to complete construction within the extended timeframe may result in the forfeiture of the construction permit.